Benicia City Zoning Code
Division IV
REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS
(Repealed by Ord. 25-12)
§ 17.70.010 Specific purposes and applicability.
This chapter contains land use and development regulations, other than parking, loading, and sign regulations, that are applicable to sites in all or several districts. These regulations shall be applied as specified in Division II, Base District Regulations; Division III, Overlay Zoning Districts; and as prescribed in this chapter.
(Ord. 87-4 N.S., 1987)
§ 17.70.020 Relocated buildings.
In addition to the requirements of BMC Title 15, Buildings and Construction, a use permit for relocation of a building shall be required. This permit, to be issued by the development services director, shall establish conditions necessary to ensure that the relocated building will be compatible with its surroundings in terms of architectural character, height and bulk, and quality of exterior appearance.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.70.030 Exterior materials in R districts.
In all R districts, the exterior walls of all structures, other than accessory structures, shall have a nonmetallic finish.
(Ord. 87-4 N.S., 1987)
§ 17.70.040 Religious assembly yard requirements.
Yards, height and bulk, and buffering requirements for religious assemblies shall be as specified by a use permit; provided, that the minimum interior side yard shall be 15 feet and the minimum rear yard shall be 25 feet. Yards adjoining street property lines shall not be less than required for a permitted use.
(Ord. 87-4 N.S., 1987)
§ 17.70.050 Accessory uses and structures.
A.
In R Districts.
1.
Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, unless authorized by an exception to criteria to accommodate overall development on a parcel with site constraints. Construction trailers may be placed on a site at the time site clearance and grading begins. Construction trailers shall be removed within 30 days following the issuance of a certificate of occupancy for the structure.
2.
Location. Accessory structures shall not occupy a required yard or court, or project beyond the front building line of the principal structure on a site. Subject to an exception to criteria in the RS zone, a detached garage may protrude past the front building line of the principal structure but may not be located within a required front yard; provided, that the design of the detached garage is compatible with the existing residence in terms of architectural design, building materials, roof slopes, colors, and exterior finishes. No accessory uses may be permitted off site.
3.
Maximum Height. The maximum wall height of an accessory structure shall be 12 feet, subject to the provisions of this subsection. Maximum peak height shall be determined on the basis of roof pitch as provided herein.
a.
Fifteen feet where the roof pitch is below 4:12.
b.
Eighteen feet where the roof pitch is between 4:12 and 6:12.
c.
Twenty feet where the roof pitch exceeds 6:12.
4.
Setbacks. An accessory structure in a required rear yard shall be located at least five feet from a rear or side property line. A minimum 10-foot distance shall be maintained between an accessory building and any other building on the site; provided, however, that the development services director may authorize an exception to criteria to reduce the separation between buildings to five feet.
5.
RS Districts. In an RS district, the total gross floor area of accessory structures more than four feet in height shall be counted in computing lot coverage and shall meet the lot coverage requirements of BMC § 17.24.030, except that the total area of any one accessory building shall not exceed the total area of the primary residential structure on the same site.
6.
Patio Covers. A patio cover open on at least two sides and complying with all other provisions of this subsection may be attached to a principal structure and shall not be subject to requirements for courts opposite required windows.
7.
Swimming Pools. An unenclosed swimming pool, including related equipment, may occupy a required rear yard or side yard but shall not be within five feet of a property line.
8.
Decks. No deck that is 30 inches or more in height shall be located in a required yard.
9.
Decorative Archways. A decorative archway may occupy a required front yard, provided it meets the driveway visibility requirements of BMC § 17.74.150. No more than one archway per frontage may be constructed. Any decorative archway shall have a maximum height of eight feet, a maximum width of eight feet, and a maximum depth of four feet.
B.
In C, I, OS and PS Districts. Accessory structures shall comply with all regulations applicable to the principal structure on a site. Off-site accessory uses shall be allowed only with a use permit issued by the development services director.
C.
In PD District. The location of accessory structures shall comply with the adopted PD or specific plan for a PD district.
D.
In All Districts. A carriage unit shall comply with the permitting process, development standards and objective design standards of BMC § 17.90.020(C), (I) and (J), respectively.
(Ord. 19-02 § 3; Ord. 20-07 § 4; Ord. 25-09 § 4; Ord. 25-12 § 12)
§ 17.70.060 Accessory dwelling units.
Repealed by Ord. 25-12.
(Ord. 20-01 § 2; Ord. 20-07 § 5; Ord. 24-01 § 10; Ord. 25-03 § 2)
§ 17.70.070 Home-based businesses.
A.
Purpose. The purpose of this section is to allow home-based businesses on a limited basis, where such activity is incidental and subordinate to the residential use of the property. The intent of this section is to ensure that home-based businesses are compatible with, and do not change the character of, the surrounding residential area by generating more traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a residential district.
B.
Limitations.
1.
A home-based business shall be conducted entirely within a dwelling unit.
2.
A home-based business shall be incidental and subordinate to the primary residential use of the dwelling and shall occupy no more than 500 square feet of floor area.
C.
Conditions. Operation of a home-based business shall comply with the following:
1.
Outdoor activities are prohibited, including, but not limited to, the following:
a.
Outdoor placement, storage, delivery or distribution of goods, equipment, debris or materials.
b.
Conducting business activities outdoors.
c.
Outdoor assembly of persons on or adjacent to the property.
2.
The existence of a home-based business shall not be apparent beyond the boundaries of the site.
3.
No sign, nameplate or any other form of advertising shall be displayed on the premises in connection with any home-based business. There shall be no advertising of the address of the home-based business that results in attracting persons to the premises.
4.
No home-based business shall permit employees who do not reside in the home to gather at, or work from, the home.
5.
A home-based business shall comply with the performance standards prescribed by BMC § 17.70.240. No noise, dust or odors shall be perceptible at or beyond the property line.
6.
A home-based business shall not be open to visitors without prior appointments.
7.
No more than two students may be given instruction in music, academics, dance, art, fitness or other subjects as determined by the development services director in a dwelling at one time. No student may be given instruction between the hours of 8:00 p.m. to 9:00 a.m.
8.
Not more than one truck, with a maximum capacity of one ton, incidental to a home-based business may be kept on the premises.
9.
Deliveries shall be limited to the frequency of deliveries and types of vehicles (e.g., postal truck and parcel delivery) normally associated with residential neighborhoods.
10.
The maximum number of daily business trips generated from a home-based business shall not exceed 125 percent of the average number of daily trips generated from a residence in the city of Benicia, as provided herein.
a.
For the purposes of this section, a "residence" includes "single-family residence" and "multifamily residence" as categorized by the Institute of Transportation Engineers (ITE) and defined in this title.
b.
A "business trip" shall be defined as either the arrival or departure of a non-resident motor vehicle from a home-based business.
c.
For the purposes of this section, the average number of daily trips for a residence is ten (10).
D.
Permitted Home-Based Businesses. The following uses are permitted subject to compliance with this section and in accordance with the use classifications of Chapter 17.16 BMC:
1.
Artists' studios.
2.
Catering services.
3.
Communications facilities.
4.
Horticulture, limited.
5.
Industry, custom – Limited.
6.
Offices, businesses and professional (excluding medical and dental offices).
7.
Personal improvement services.
8.
Personal services (excluding massage businesses as defined in Chapter 5.52 BMC, Mass-age, conducted on the premises).
9.
Retail sales and secondhand sales (excluding those which attract customers to the premises for on-site transactions or delivery).
(Ord. 25-09 § 19)
§ 17.70.080 Swimming pools and hot tubs.
Swimming pools and hot tubs shall be fenced, as required by Chapter 15.20 BMC. Additional fencing, separation, or fixed windows shall be required where, in the judgment of the building official, such features are needed for safety.
(Ord. 87-4 N.S., 1987)
§ 17.70.090 Eating and drinking establishments with take-out service.
Repealed by Ord. 25-09.
(Ord. 87-4 N.S., 1987)
§ 17.70.100 Live entertainment.
The following regulations shall apply to any use offering scheduled live entertainment, as defined in Chapter 17.12 BMC (Definitions):
A.
Exits not limited to emergency use only shall not be opposite an R district adjoining the site.
B.
An establishment offering live entertainment shall ensure that no litter problem will exist.
C.
A use permit for live entertainment shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a new use permit.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 21)
§ 17.70.110 Service stations, vehicle/equipment repair, and automobile washing.
The following supplementary development regulations shall apply to the service station, vehicle/equipment repair, and automobile washing use classifications.
A.
Minimum Separation. Minimum separation between site boundaries shall be 500 feet, except that one such use may be located at each corner of a street intersection.
B.
Site Layout. Conditions of approval of a zoning or use permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.
C.
Planting Areas. Perimeter planting areas shall be as required for parking lots by Chapter 17.74 BMC, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.
D.
Storage of Materials and Equipment. The provisions of BMC § 17.70.200, Outdoor facilities, shall apply, except that a display rack for automobile products no more than four feet wide may be maintained on each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. Storage of inoperative vehicles is prohibited.
(Ord. 87-4 N.S., 1987)
§ 17.70.120 Maximum dwelling unit occupancy.
Repealed by Ord. 24-01.
(Ord. 87-4 N.S., 1987)
§ 17.70.130 Development on substandard lots.
A.
A legally created lot having a width or area less than required for the district in which it is located may be occupied by a permitted or conditional use if it has a width of 25 feet or more and an area of 2,500 square feet or more; provided, that on the effective date of regulations that made it substandard it was in single ownership separate from any abutting lot. No substandard lot shall be further reduced in area or width.
B.
Except as provided below, a substandard lot shall be subject to the same yard and density requirements as a standard lot; provided, that in an R district one dwelling unit may be located on a substandard lot that meets the requirements of this section. In an R district, the required interior side yard for a single-family residence, on a building site which is substandard in width, may be reduced to as much as 10 percent of the lot width, and a street side yard may be reduced to as much as 20 percent of the lot width, except that no site may have a yard width of less than three feet.
(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 29, 1989)
§ 17.70.140 Development on lots divided by district boundaries.
The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.
(Ord. 87-4 N.S., 1987)
§ 17.70.150 Building projections into yards and courts.
Projections into required yards shall be permitted as follows:
A.
Fireplaces or chimneys: 18 inches.
B.
Uncovered porches, terraces, platforms, decks, subterranean garages, and patios not more than 30 inches in height: four feet in a corner side yard and six feet in a front yard. There is no minimum setback requirement for these structures in the rear or interior side yards.
C.
Cornices, eaves, and ornamental features: two feet.
D.
Stairs, canopies, awnings, sunrooms, and covered porches: six feet into a front or rear yard, three feet into a corner side yard, and two feet into an interior side yard.
E.
Balconies and bay windows: two and one-half feet into a front or rear yard, two feet into a corner side yard, and 18 inches into an interior side yard.
F.
In the RS district, where the rear property line of a site adjoins an area of permanent open space, the following projections will be permitted:
1.
Attached decks above the first floor level: six feet into a rear yard.
2.
Detached decks more than 30 inches and not more than 48 inches in height: 12 feet into a rear yard, except that such a deck shall maintain a minimum side yard setback of five feet.
(Ord. 87-4 N.S., 1987; Ord. 92-9 N.S. § 15, 1992; Ord. 92-15 N.S. § 13, 1992)
§ 17.70.160 Front yards in R districts.
Where lots comprising 40 percent of the frontage on a blockface in an R district are improved with buildings, the required front yard shall be the average of the front yard depths for structures other than detached garages or carports on each developed site in the same district on the blockface. In computing the average, the actual depth shall be used up to a maximum depth 10 feet greater than the normally required front yard for any site having a yard depth exceeding the minimum requirement.
(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 30, 1989)
§ 17.70.170 Measurement of height.
Height shall be measured from finished grade at all points on the site to a warped plane an equal height above all points on the site.
(Ord. 87-4 N.S., 1987)
§ 17.70.180 Exceptions to height limits.
Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, flagpoles, monuments, theater scenery lofts, radio and television antennas, transmission towers, fire towers, and similar structures and necessary mechanical appurtenances, covering not more than 10 percent of the ground area covered by the structure to which they are accessory, may exceed the maximum permitted height in the district in which the site is located if the site is outside the shoreline area defined in BMC § 17.24.030(K), subject to the following regulations:
A.
In an RS district, a chimney may exceed the permitted height by two feet, but a use permit shall be required for any other structure exceeding the permitted height in the district and shall not be issued for height in excess of 20 feet above the district height limit.
B.
In an RM or RH district, a structure may exceed the district height limit by not more than eight feet if no portion intercepts an inclined daylight plane sloping inward from the nearest lot line at a 45-degree angle from the height of the highest building wall permitted adjoining a required yard; provided, that a chimney may intercept the daylight plane. A use permit shall be required for any structure exceeding the height limit by more than eight feet and shall not be issued for height in excess of 20 feet above the district height limit.
C.
In a C, I, PS, or OS district, a structure may exceed the district height limit by 10 feet, and a use permit may be approved for features extending more than 10 feet above the district height limit.
D.
For projects to be acted on by the planning commission, requests for approval of height use permits shall be acted on by the planning commission. For projects which require action by the historic preservation review commission only, requests for approval of height use permits shall be acted on by the historic preservation review commission. For projects to be acted on by the development services director only, the historic preservation review commission shall act on the height use permit application. Applications for higher light poles in the I districts shall be acted on by the development services director.
(Ord. 87-4 N.S., 1987; Ord. 99-1 N.S.; Ord. 13-07 § 2; Ord. 25-09 § 4)
§ 17.70.190 Landscaping, irrigation, and hydroseeding.
A.
General Requirement. Minimum site landscaping and required planting areas shall be installed in accord with the standards and requirements of this section, which shall apply to all projects for which a zoning permit is required except single-family residences.
1.
Landscape plans shall be prepared by a landscape designer, a licensed landscape architect or other qualified person, and no significant or substantive changes to approved landscaping or irrigation plans shall be made without prior written approval by the development services director and the landscape designer.
2.
Evidence of completion of required landscaping and irrigation improvements shall be supplied to the development services department on a landscape certification form. This form shall be required to be submitted prior to issuance of an occupancy permit for new construction unless an extension of up to one year is granted by the development services director.
3.
For projects consisting primarily of additions to or remodeling of existing buildings for which landscaping is required, a deferred completion agreement shall be executed prior to issuance of the building permit. The agreement shall guarantee installation of the landscaping and any irrigation improvements within one year or prior to occupancy, whichever occurs first.
B.
Standards.
1.
Required planting areas shall be permanently maintained. As used in this section, "maintained" includes watering, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Any landscaping plant material shown on an approved landscape plan removed for any reason shall be replaced by the property owner within a time frame established by the development services director.
2.
Landscape materials shall not be located such that, at maturity:
a.
They interfere with safe sight distances for vehicular, bicycle or pedestrian traffic;
b.
They conflict with overhead utility lines, overhead lights, or walkway lights; or
c.
They block pedestrian or bicycle ways.
C.
Landscaping Plans Required. Each application for a zoning permit shall include plans and written material describing all existing trees, including species, height, diameter, and condition, and showing how any applicable site landscaping or planting area requirements are to be met. The degree of specificity of such plans and written material shall relate to the type of permit or request for approval being sought.
D.
Materials. Landscape plans shall demonstrate a recognizable pattern or theme for the overall development by choice and location of materials. To accomplish this, landscape plans shall conform to the following:
1.
Plant materials shall be selected for: energy efficiency and drought tolerance; adaptability and relationship to Benicia environment; color, form and pattern; ability to provide shade; soil retention, fire resistiveness, etc. The overall landscape plan shall be integrated with all elements of the project, such as buildings, parking lots and streets, to achieve desirable microclimate and minimize energy demand.
2.
Plant materials shall be sized and spaced to achieve an immediate effect and shall normally not be less than a 15-gallon container for trees, five-gallon container for specimen shrubs, and a one-gallon container for mass planting.
3.
The use of crushed rock or gravel for large area coverage shall be avoided (except for walks and equestrian paths).
4.
Nonturf areas, such as shrub beds, shall be top dressed with a bark chip mulch or approved alternative.
5.
Where shrubs or low-level vegetation are used, vegetative matter at maturity shall cover at least 75 percent of actual planted area.
6.
Street trees shall be included, conforming to the street tree regulations prescribed in BMC Title 12.
E.
Design Standards. Parking lots shall have perimeter planting areas as prescribed by the following schedule and, in addition, shall have five percent of the area, excluding the perimeter planting strips, devoted to planting distributed throughout the parking lot.
Width of Perimeter Planting Strip (feet) | |||
|---|---|---|---|
Parking Lot Dimension Adjoining Property Line | Adjoining Street Property Line | Adjoining R District and Residential PD | Adjoining Nonresidential Districts Except IG and IW |
Up to 100 feet | 5 | 5 | 3 |
More than 100 feet | 10 | 5 | 5 |
A parking structure in a C or I district having at-grade parking adjoining a street shall have a 10-foot planting area adjoining the street property line.
1.
Where landscaped areas are provided, they shall be a minimum of three feet in width, except window/wall planter boxes. Landscaped areas containing trees shall be a minimum of four feet in their narrowest dimension.
2.
The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or other means. Concrete curbs shall separate landscaped areas from parking areas.
3.
A minimum of one tree per six spaces shall be distributed throughout the parking lot.
4.
Where autos will extend over landscaping, the required planting area shall be increased two feet in depth by decreasing the length of the parking stall by two feet. Where autos will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension shall be seven feet.
F.
Irrigation Plans. Irrigation plans shall be submitted with applications for building permits and for approval of improvement plans required for BMC Title 16, Subdivisions, and shall contain all construction details for an automatic system including, but not limited to, the following:
1.
Location, type and size of lines;
2.
Locations, type and gallonage output of heads and/or emitters;
3.
Location and sizes of valves;
4.
Location and type of controller;
5.
Installation details;
6.
Location and type of backflow prevention device (as per health code);
7.
Available water pressure and water meter outlet size;
8.
Irrigation application schedule and flow rates.
G.
Hydroseeding. Plans indicating location and type of hydroseeding shall be submitted with applications for building permits and for approval of improvement plans required by BMC Title 16, Subdivisions, when such planting is to be utilized for permanent landscape treatment or for natural area restoration. Hydroseeding plans shall contain installation specifications including, but not limited to:
1.
Seed mix and application rate. A native seed mix containing a minimum of 10 percent shrub and perennial seeds shall be utilized in areas where permanent landscape restoration is required. Species selected shall include plant materials native to the area.
2.
Fertilizer, mulch materials, soil preparation and watering specifications.
H.
Repealed by Ord. 08-03.
I.
All required landscape, parking lot, and street trees shall be replaced in accordance with the city's tree preservation guidelines.
(Ord. 99-1 N.S; Ord. 08-03 § 3; Ord. 25-09 §§ 3, 4)
§ 17.70.200 Outdoor facilities.
A.
Where Permitted. Outdoor storage and display of merchandise, materials, or equipment, not including cannabis or cannabis products, shall require approval of a use permit, subject to development services director approval, in the commercial, mixed use, industrial, public and semipublic and open space districts subject to the following:
1.
Outdoor food service accessory to an eating and drinking establishment may be permitted subject to approval of a zoning permit by the development services director in any industrial or commercial district; provided, that adequate refuse facilities are provided, adequate off-street parking spaces are provided pursuant to Chapter 17.74 BMC, and there will be no outdoor preparation of food or beverages.
2.
Outdoor storage up to 20,000 square feet may be permitted in an industrial district subject to a zoning permit and compliance with the applicable design guidelines.
3.
Approval of a use permit may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic corridors as identified in the general plan. If such impacts cannot be prevented, the use permit application shall be denied.
B.
Exceptions. Notwithstanding the provisions of subsection (A) of this section, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:
1.
Nurseries, provided outdoor storage and display is limited to plants only, not including cannabis;
2.
Vehicle/equipment sales and rentals, provided outdoor storage and display shall be limited to vehicles or equipment offered for sale only.
C.
Screening. In districts where outdoor storage and display is permitted, and except for the use classifications excepted by subsection (B) of this section, outdoor storage areas shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored shall not exceed the height of the screening fence or wall. The development services director may require additional screening in highly visible areas and may impose reasonable restrictions on the type of storage or display or the location of outdoor storage and display areas to avoid adverse visual effects.
(Ord. 87-4 N.S., 1987; Ord. 07-21 § 9; Ord. 18-05 § 32; Ord. 22-03 § 4; Ord. 24-01 § 12; Ord. 25-09 § 4)
§ 17.70.210 Screening of mechanical equipment.
A.
General Requirement. Except as provided in subsection (B) of this section, all exterior mechanical equipment, except solar collectors, and operating mechanical equipment in IG and IW districts located more than 50 feet from an R, C, PS, PD or OS district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Satellite receiving antennas shall be screened as prescribed by BMC § 17.70.250. Screening of the top of equipment may be required by the development services director, if necessary to protect a significant view.
B.
Utility Meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side of a single-family dwelling. Meters in a required front yard or in a side yard adjoining a street shall be enclosed in subsurface vaults.
C.
Screening Specifications. Screening materials may have evenly distributed openings or perforations not exceeding 50 percent of the surface area and shall effectively screen mechanical equipment so that it is not visible from a street or adjoining lot.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.70.220 Refuse storage areas.
A refuse storage area screened on all sides by a six-foot solid wood or masonry wall, or located within a building, shall be provided prior to occupancy for all uses other than one-family or two-family dwellings. Locations and horizontal dimensions of refuse storage areas shall be as prescribed by the development services director. The development services director may waive this screening requirement in IG and IW districts for refuse collection and storage equipment, including dumpsters and waste containers that are not visible from public streets.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.70.230 Underground utilities.
A.
For all new development or site redevelopment resulting from: (1) a subdivision of five lots or more, (2) residential development of five or more units, and (3) new commercial or industrial site development of a vacant lot or over 20,000 square feet of new building construction, all electrical, telephone, CATV, and similar distribution lines providing direct service to a development site shall be installed underground within the site.
B.
Off-site utilities along a project frontage where required pursuant to BMC Title 16 for all new commercial, multifamily, or industrial development shall be undergrounded, unless a deferral is granted by the planning commission for those projects over which it has approval authority or by the development services director for those projects over which the director has approval authority, in accordance with the deferral requirements of BMC § 16.16.030.
(Ord. 87-4 N.S., 1987; Ord. 89-1 § 31, 1989; Ord. 92-9 N.S. § 16, 1992; Ord. 99-1 N.S.; Ord. 13-07 § 2; Ord. 24-01 § 13; Ord. 25-09 § 4)
§ 17.70.240 Performance standards.
The following performance standards shall apply to all use classifications in all zoning districts:
A.
Air Contaminants. All uses shall comply with rules, regulations, and standards of the Bay Area Air Quality Management District (BAAQMD). An applicant for a zoning permit or a use, activity, or process requiring BAAQMD approval of a permit to construct shall file a copy of the BAAQMD permit with the development services director. Any use, activity or process that requires BAAQMD approval of a permit to operate shall file a copy of such permit with the development services director within 30 days of its approval.
B.
Water Pollution. No person or use shall discharge liquids of any kind into a public or private sewage system, watercourse, body of water, or the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division 7).
C.
Noise. All uses and activities shall comply with the provisions of the Benicia noise regulations (Chapter 8.20 BMC).
D.
Glare.
1.
From Glass. Mirrored or highly reflective glass shall not cover more than 20 percent of a building surface visible from a street unless an applicant submits surface information demonstrating to the satisfaction of the development services director that use of such glass would not significantly increase glare visible from adjacent streets and property or pose a hazard for moving vehicles.
2.
From Outdoor Lighting. Parking lot lighting shall comply with BMC § 17.74.170. Site lighting shall be designed and installed to confine direct light rays to the site. Minimum illumination at ground level shall be 0.5 footcandles, and shall not exceed 0.5 footcandles in an R district. Security lighting in any district may be indirect or diffused, or shall be shielded or directed away from adjoining properties and public rights-of-way. Lighting for outdoor court or field games within 300 feet of an R district shall require approval of a use permit.
E.
Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the Benicia fire prevention code (Chapter 8.28 BMC).
F.
Radioactive Materials. The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Administrative Code, Title 17) and the Benicia fire prevention code (Chapter 8.28 BMC).
G.
Hazardous and Extremely Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4) and BMC § 17.70.260, Hazardous materials.
H.
Heat and Humidity. Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause material distress, discomfort, or injury to the average person.
I.
Electromagnetic Interference. Uses, activities and processes shall not cause electromagnetic interference with normal radio or television reception in R districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated.
J.
Evidence of Compliance. The development services director shall require such evidence of ability to comply with performance standards as he deems necessary prior to issuance of a zoning permit.
K.
Cannabis Odor Control. All nonresidential structures used for cannabis cultivation and/or other cannabis-related uses shall be enclosed and securely locked, and equipped with odor control filtration and ventilation systems such that the odors of cannabis cannot be readily detected from outside the structure. Residential cultivation of cannabis for personal use shall comply with BMC § 17.84.030. Cannabis uses shall be subject to all applicable provisions of Chapter 9.60 BMC, Cannabis Public Safety License, and Chapter 17.84 BMC, Cannabis.
(Ord. 87-4 N.S., 1987; Ord. 92-9 N.S. § 17, 1992; Ord. 18-05 § 33; Ord. 25-09 § 4)
§ 17.70.250 Wireless communications facilities.
A.
Purpose. This section is intended to establish development standards, in accordance with federal law and state rules and regulations, for antenna and wireless communication transmission (hereinafter called "wireless communication facilities") that:
1.
Minimize the potential health, public safety and aesthetic impacts of such facilities on the community;
2.
Regulate the placement and design of wireless communication facilities so as to preserve the unique visual character of the community;
3.
Encourage the location of wireless communication facilities in industrial and commercial districts and generally discourage the location of such facilities in residential districts;
4.
Provide for the managed development of wireless communication facilities in a manner that reasonably accommodates the needs of citizens and wireless communication service providers;
5.
Locate such wireless communication facilities where they are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts; and
6.
Protect landmark structures, historically significant structures, architecturally significant structures, landmark vistas or scenery, and view corridors from visually obtrusive wireless communication antennas and associated equipment.
B.
Exemptions. Each exempt facility shall fully comply with other applicable requirements of the municipal code to the extent not specifically exempted in this subsection including, but not limited to, adopted building, electrical, plumbing, mechanical, and fire codes. The following wireless communication facilities are exempt from the standards of this section, except as noted in subsection (C) of this section:
1.
Direct broadcast satellite antennas and multipoint distribution services antennas measuring one meter or less in diameter (or diagonal measurement);
2.
Television broadcast system antennas designed to receive only television broadcast signals;
3.
Satellite earth station antennas designed to receive and/or transmit radio frequency signals directly to and/or from a satellite measuring two meters or less in diameter (or diagonal measurement);
4.
Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions:
a.
The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;
b.
The antenna boom measures 20 feet or less in length and is three inches or less in diameter;
c.
No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width; and
d.
The turning radius of any antenna does not exceed 26 feet;
5.
Public communication facilities, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use;
6.
Private, noncommercial wireless communications facilities or systems contained entirely on site for the purpose of serving the premises upon which the facility is located and having no potential visual, noise, thermal or radio frequency interference impacts to surrounding properties or the community;
7.
Replacement of duly permitted facilities or equipment of a minor nature that does not increase the number or height of antennas or significantly expand the size or capacity of the equipment cabinet or ancillary related equipment;
8.
Any facility specifically exempted from city regulation by the rules and regulations of the Federal Communications Commission (FCC) or the provisions of a permit issued by the California Public Utilities Commission.
C.
Criteria for Exempt Facilities. The following location and design standards shall apply to all wireless communication facilities that are exempt per subsection (B) of this section:
1.
An antenna may be installed on a lot in any zoning district that is not subject to an H historic overlay district.
2.
No facility shall be located in a front or street-side yard.
3.
No wireless communication facility may be located within 10 feet of interior side and rear property lines; except if the antenna does not exceed six feet in height.
4.
No antenna, except for amateur radio antennas as provided in subsection (B)(4) of this section, may exceed 15 feet, as measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it; however, the development services director may approve mounting an antenna on the rear half of a roof if no other feasible location exists, and all other applicable criteria of this subsection (C) are met. The justification for rooftop mounting shall be submitted with an application for a zoning permit.
5.
The structural base of an antenna, including all bracing and appurtenances, but excluding the dish itself, shall be screened from public rights-of-way and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than four feet high, so that the base and support structure are not visible from beyond the boundaries of the site at a height of six feet or below.
6.
All wires and/or cables necessary for operation of an antenna or reception of a signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna.
7.
Highly reflective surfaces shall not be permitted. All satellite dish antennas that are not screened shall be painted with as unobtrusive a color as possible.
8.
No more than one antenna shall be permitted per parcel unless approved by the development services director.
9.
No signage of any kind shall be posted or displayed on a wireless communication facility.
D.
Permit Required. A use permit from the planning commission shall be required for the installation of all wireless communication facilities in all districts. In addition, a design review permit shall be required as per Chapter 17.108 BMC. Wireless communication facilities in planned development (PD) zoning district with residential uses shall be subject to the provisions of subsection (I) of this section. All use permit applications shall include:
1.
A written definition of the area of service desired for coverage or capacity.
2.
Documentation showing that the proposed facility would provide the needed coverage or capacity.
3.
A map showing all technically feasible alternative sites from which the desired coverage could also be provided, along with an analysis of the feasibility of those alternative sites that compares visual impact with that of the proposed project. At a minimum, this analysis shall identify the location of all existing monopoles within a quarter mile of the proposed site, provide an explanation of why collocation has not been proposed at each of these sites, and assess the potential for building-mounted alternatives.
4.
Photo simulations of the proposed project.
5.
Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC.
6.
Design that proposes the smallest and least visible antennas possible that will reasonably accommodate the operator's objectives. The applicant shall disclose which antennas and support structures were evaluated and the process used to select the antenna and support structure.
E.
Location Criteria. The following criteria shall apply to the siting and development of all new wireless communication facilities in order to mitigate any potential health, safety, urban design, neighborhood character or public access impacts:
1.
Antennas attached to a roof shall maintain a 1:1 ratio for equipment setback (for example, a 10-foot-high antenna requires a 10-foot setback from facade) unless an alternative placement would reduce visual impact; be treated or screened to match mechanical equipment, stairs, elevator towers, or other background features and be camouflaged so that the antennas are not visible from a public right-of-way; and not be mounted in direct line with significant view corridors.
2.
Facilities shall not exceed a height of 12 feet above the maximum allowed height limit for the main building in the zoning district in which the facility is located.
3.
Facilities shall not reduce existing parking on the site below the zoning district parking requirement.
4.
When a monopole is adjacent to a residential use it must be set back from the nearest residential lot line a distance at least equal to its total height. In addition, it shall not exceed 1.5 feet in diameter at its base nor one foot at its top and the antennas shall not extend more than three feet from the center of the pole.
5.
Collocation shall occur whenever reasonably feasible and aesthetically desirable. In order to facilitate future collocation of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site. Collocation shall be discouraged when it will increase visual impacts. Service providers are encouraged to collocate with other facilities such as water tanks, light standards and other utility structures where the collocation is found to minimize the overall visual impact. Collocation of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
6.
Any service provider facilities that are developed on vacant sites shall be temporary. When such sites are developed, these facilities shall be removed. Such facilities may be replaced with building-mounted antennas or other types of appropriate facilities, subject to review and approval by the city in accordance with this section.
7.
Site location and development shall preserve the preexisting character of the surrounding buildings and land uses, the neighborhood and the zoning district as much as possible. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized.
8.
In determining whether to grant or deny approval for a wireless communications facility, the planning commission may require more stringent standards than the development standards of this chapter. The planning commission may attach such conditions as it considers necessary to ensure visual and land use compatibility with the surroundings so as to avoid adverse effects on the health, safety, and welfare of the community's residents, to protect existing vegetation, and to minimize the proliferation of such facilities.
F.
Design Review Standards. In addition to the requirements of Chapter 17.108 BMC, all wireless communication facilities, including but not limited to, equipment, antennas, poles, dishes, cabinets, structures, towers or other appurtenances shall employ a design that minimizes the visual impact by making use of the following or similar techniques:
1.
The proposed facility shall be sited to be screened by existing development, topography or vegetation in such a way as to have the least visual impact possible taking into consideration all technically feasible alternatives.
2.
The materials, textures and colors of new or remodeled structures shall be visually compatible with the predominant materials. Facilities shall have a nonreflective finish and shall be painted and/or textured to match the exterior of the building or background.
3.
Mounting of facilities on the peaks of roofs or hilltops shall be avoided to the greatest extent possible and all other related equipment shall be screened or hidden from view. Additional new vegetation and its proper irrigation or other screening may be required as a condition of approval.
4.
Antennas mounted on architecturally significant structures or significant details of a building should be covered by appropriate casing manufactured to match existing architectural features found on a building. Where feasible, antennas shall be placed directly above, below or incorporated into vertical design elements.
5.
Equipment shelters or cabinets shall be placed underground to the greatest extent possible or screened from public view by using landscaping or materials and colors consistent with surrounding backdrop.
6.
All wireless communication facilities and associated equipment must be regularly maintained.
7.
Any exterior lighting shall be manually operated and used only during night maintenance or emergencies. The lighting shall be constructed, located, and oriented so that only the intended area is illuminated and off-site glare is eliminated.
G.
Additional Design Review Criteria for H Overlay District. The following design review criteria shall also be applied to wireless communication facilities within the H overlay district:
1.
The proposed wireless communication facility shall respect the visual relationship of architectural design elements in the surrounding area, including scale, height, rhythm of spacing, pattern on windows and doorways, building siting and relationship to landscaping, roof pitch, architectural style and structural details, materials, colors and textures.
2.
Wireless communication facilities shall not be placed on a building with a landmark or contributing designation.
3.
Antennas mounted on architecturally significant structures or a significant architectural detail of a building shall be covered by appropriate casings that match existing architectural features.
H.
Required Findings. To approve a use permit for a wireless communication facility, the planning commission must find that:
1.
The proposed location of the project and the conditions under which it would be operated and maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public, and will not be materially injurious to properties or improvements in the vicinity.
2.
Development of the proposed facility as conditioned will not significantly affect any designated visual resources, environmentally sensitive resources, community character resources; or, that there are no other environmentally equivalent and/or superior and technically feasible alternatives to the proposed wireless communications facility as conditioned (including alternative locations and/or designs) with less visual and/or other resource impacts, and that the proposed facility has been modified by conditions and/or project design to adequately minimize and mitigate its visual and other resource impacts.
3.
The proposed facility is in compliance with all FCC regulations.
4.
The proposed location and design of the project and the conditions under which it would be operated or maintained will be consistent with all elements of the Benicia general plan, other pertinent city ordinances and with any specific plan or overlay district that has been adopted for the area.
5.
The proposed project will complement and harmonize with the existing and proposed land uses in the vicinity and will be visually compatible with the physical design aspects including scale, height, materials, colors, and texture.
I.
Additional Findings for Wireless Communication Facilities in R Districts. Wireless communication facilities are allowed in R districts only if the planning commission finds, in addition to all items in subsection (F) of this section, that:
1.
In acknowledgement that an environmental determination has not been made regarding placement of a commercial facility in a residential zoning district, it has been disclosed in a required California Environmental Quality Act (CEQA) evaluation for the project that environmental impacts associated with the facility were determined to be less than significant.
2.
The proposed antenna is located on a parcel with a nonresidential use.
3.
The proposed antenna is located either:
a.
More than 35 feet away from the nearest residential use; or at least one foot away from the nearest residential property line for every foot of monopole height, whichever is greater; or
b.
More than 20 feet away from the nearest residential property line if the proposed antenna is mounted on an existing utility structure within a utility corridor.
(Ord. 87-4 N.S., 1987; Ord. 06-10 § 2; Ord. 15-02 §§ 9, 10; Ord. 25-09 § 4)
§ 17.70.260 Hazardous materials.
A.
Aboveground Storage Tanks. Aboveground storage tanks for any flammable liquid shall be allowed only in the IL and IG zoning districts.
(Ord. 87-4 N.S., 1987; Ord. 24-01 § 14)
§ 17.70.270 Affordable housing density bonus.
Repealed by Ord. 25-12.
(Ord. 24-08 § 1; Ord. 25-09 § 4)
§ 17.70.280 Manufactured homes.
Repealed by Ord. 25-12.
(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 32, 1989; Ord. 92-9 N.S. § 20, 1992; Ord. 19-02 § 5; Ord. 25-09 § 4)
§ 17.70.290 Game centers.
Repealed by Ord. 25-09.
(Ord. 87-4 N.S., 1987; Ord. 93-14 N.S. § 5, 1993)
§ 17.70.300 Animals.
A.
Purpose. Supplemental regulations governing the care and keeping of animals are intended to provide for the compatibility between such animals and neighboring land uses. These are in addition to the general requirements governing animals established by BMC Title 6.
B.
Domestic and Exotic Animals. In an R district, or in conjunction with any residential uses in any other district, domestic and exotic animals, as defined by this title, are subject to the following requirements in addition to the regulations of BMC Title 6.
1.
Such animals, except cats, shall not be permitted to run at large, but shall be, at all times, confined within a suitable enclosure or otherwise be under the control of the owner of the property; and
2.
Any enclosure shall be located in an interior side or rear yard and set back at least five feet from the property line; and
3.
The number of allowed animals, as defined by this title, may not exceed the limits set forth in BMC Title 6 unless the property owner has obtained an animal keepers permit.
C.
Other Animals.
1.
In an R district, or in conjunction with any residential use in a C district, one horse, as defined in BMC Title 6, may be kept for each 20,000 square feet of open space, subject to securing a use permit. Paddock and corral areas shall be at least 20 feet from the property line, and stables shall be at least 40 feet from the property line.
2.
In an OS district, livestock, farm animals, domestic animals and exotic animals may be kept on a lot 20,000 square feet or more in area, subject to the following requirements:
a.
The number of domestic or exotic animals shall not exceed six;
b.
Such animals shall not be permitted to run at large, but shall be, at all times, confined within a suitable enclosure; and
c.
Any enclosure shall be set back at least 25 feet from the property line.
(Ord. 87-4 N.S., 1987; Ord. 08-02 § 1; Ord. 24-01 § 15)
§ 17.70.310 Fences and walls.
All fences and walls shall be constructed in a sound and workmanlike fashion using new or good used material, and shall be maintained erect and in a state of good repair. Any dilapidated, dangerous, or unsightly fence or wall shall be repaired or removed.
(Ord. 87-4 N.S., 1987)
§ 17.70.320 Inclusionary housing.
Repealed by Ord. 25-12.
(Ord. 23-05 § 2; Ord. 25-09 § 4)
§ 17.70.330 Electric transmission line easements.
All residential uses, schools, and public buildings shall be set back at least 150 feet from the edge of 230 kilovolt electric transmission line easements.
(Ord. 01-6 N.S., 2001)
§ 17.70.340 Stream setbacks.
All development shall be set back a minimum of 25 feet from the top of the bank of streams (both seasonal and perennial) and ravines. No development shall be permitted within the setback.
(Ord. 01-6 N.S., 2001)
§ 17.70.350 Formula businesses.
Repealed by Ord. 25-09.
(Ord. 07-12 § 4; Ord. 12-06 § 1)
§ 17.70.360 Protection of designated views.
A.
Purpose. This section establishes objective standards to ensure that new development does not block protected public views from designated vantage points.
B.
Applicability. View protection standards in this section apply to proposed development visible from a designated vantage point as shown in Figure 17.70-1.
C.
Definitions.
"Designated vantage point"
means the locations shown in Figure 17.70-1 and Table 17.70-1.
"Protected view"
means views from designated vantage points of specific features as identified in Table 17.70-1.
Figure 17.70-1: Designated Vantage Points  |
Table 17.70-1: Protected Views | |||
|---|---|---|---|
View ID | Vantage Point | Protected View | |
Location | Coordinates | ||
1 | Cambridge Drive | 38.07906° N, 122.18377° W | Benicia State Recreation Area; Vallejo hillsides |
2 | Benicia Middle School | 38.06866° N, 122.17149° W | Carquinez Strait; Martinez shoreline and hillsides |
3 | Benicia City Cemetery Scenic Overlook | 38.05706° N, 122.15330° W | City of Benicia south of Military East and West; Carquinez Strait; Martinez shoreline and hillsides |
4 | East Seventh Street | 38.04978° N, 122.14230° W | Carquinez Strait; Martinez shoreline and hillsides |
5 | Park Road | 38.04979° N, 122.13462° W | Benicia-Martinez Bridge; Carquinez Strait; Martinez shoreline and hillsides; Mount Diablo |
D.
View Protection Standard.
1.
New development, including any addition(s) to an existing structure, shall not block any portion of a protected view from a designated vantage point except as allowed by subsection (D)(2) of this section.
2.
An applicant may request an exception to the view protection standard in subsection (D)(1) of this section through the discretionary design review process as provided in Chapter 17.108 BMC (Design Review). To approve the exception, the review authority must find that:
a.
Complying with the view protection standard in subsection (D)(1) of this section would physically preclude the development at the proposed density; and
b.
There is no feasible alternative project design to both achieve the proposed density and comply with the view protection standard in subsection (D)(1) of this section.
c.
Impacts to protected views have been minimized to the greatest extent feasible.
3.
For projects requesting an exception to the view protection standard as provided in subsection (D)(2) of this section, the applicant must prepare a photosimulation for the proposed project as provided in subsection (F) of this section.
E.
Application Review Process.
1.
The development services department will review all development applications to determine if the proposed project has the potential to block a protected view.
2.
The development services department will determine if the proposed project is visible from a designated vantage point based on a review of project plans, site observation, and other methods as deemed necessary.
3.
If the proposed project is not visible from a designated vantage point, the project shall be deemed consistent with the view protection standard set forth in this section.
4.
If the proposed project is visible from a designated vantage point, the applicant shall provide information and materials as deemed necessary by the development services department to determine if the new development has the potential to block a protected view. Such information and materials may include story poles and/or a line-of-sight analysis using a digital surface model of the proposed project vicinity.
5.
If requested information and materials demonstrate that new development does not have the potential to block a protected view, the project shall be deemed consistent with the view protection standard set forth in this section.
6.
If requested information and materials demonstrate that new development has the potential to block a protected view, as determined by the development services department, the applicant shall prepare a photosimulation in a manner described in subsection (F) of this section.
7.
If a photosimulation is prepared, the development services department shall find the proposed project consistent with the view protection standard set forth in this section only if:
a.
The photosimulation shows that new development will not block any portion of a protected view; or
b.
The review authority allows the new development to block up to 50 percent of a protected view upon making the findings in subsection (D)(2) of this section.
F.
Photosimulation Methodology. Photosimulations shall be prepared using the following methodology.
1.
Baseline Photograph.
a.
A baseline photograph shall be taken from within 10 feet of the coordinates shown in Table 1.
b.
The camera must be positioned and oriented so that the field of view in the new photograph maximizes visibility of protected view features.
c.
New photographs must be taken using a minimum 10-megapixel digital single lens reflex camera equipped with a 50-millimeter equivalent focal length lens.
2.
Modeling.
a.
An applicant shall use AutoCAD or other equivalent computer software to create a 3D model of proposed structures.
b.
The 3D model may show proposed structures as articulated massings; complete architectural details are permitted but not required.
c.
Modeled structures must be consistent with proposed project plans and accurate in regards to position, elevation, and topography.
3.
View Alignment and Simulation Generation.
a.
The photosimulation must be generated with the 3D model accurately aligned with the baseline photograph. Proposed structures must be placed and scaled accurately in the context of existing conditions.
b.
The photosimulation must show new trees and other landscaping with a height of four feet or more at maturity. Existing vegetation that will be removed from the sight must be removed from the photosimulation.
(Ord. 25-12 § 10)
§ 17.70.370 Cottage food operations.
A.
Permit Required. A cottage food operation in a dwelling unit shall require a cottage food operations permit obtained by filing a completed application form with the development services director. The development services director shall issue the permit upon determining that the proposed cottage food operation complies with the requirements of this section. Cottage food operation shall not include the preparation of food products containing cannabis.
B.
Contents of Application. An application for a cottage food operations permit shall contain:
1.
The name, address, and telephone number of the applicant;
2.
A complete description of the proposed cottage food operation, including the type of food to be prepared, number and occupation of persons employed, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used;
3.
A copy of the submitted application and/or issued permit from the Solano County environmental health division for operation of the subject cottage food operation.
C.
Required Conditions. Cottage food operations shall comply with the following regulations:
1.
The applicant for the cottage food operation permit shall be the individual who conducts the cottage food operation from his or her dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site.
2.
No more than one cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), shall be permitted, not including an immediate family member or household member of the cottage food operator.
3.
The cottage food operation shall be registered or permitted by the Solano County environmental health division in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements.
4.
The use shall be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No more than 25 percent of the dwelling or 500 square feet of floor area, whichever is less, may be used for the cottage food operation, and it shall not be conducted within an accessory building, excepting that the development services director may grant approval of storage or minor processing operations within a garage or accessory building if the applicant demonstrates that the kitchen within the residence is not suitable for the type of food to be produced; the activity complies with Health and Safety Code requirements; and no more than 150 square feet of the garage or accessory building is utilized for the operation. No outdoor storage is permitted.
5.
One nameplate sign measuring no more than two square feet may be placed on the premises attached to the main building near the business entrance, indicating the property address, name of the business, hours of operation, contact information, and goods provided. The existence of a cottage food operation shall not otherwise be apparent beyond the boundaries of the site.
6.
Except for vehicle parking, no outdoor portions of the premises shall be utilized for cottage food operation including outdoor sales and visitation. No more than one truck, with a maximum capacity of one ton, incidental to the cottage food operation shall be kept on the site. Customer and delivery parking shall not occur by double-parking or blocking of neighboring driveways.
7.
The number of parking spaces available to a dwelling unit housing a cottage food operation shall not be reduced to less than the required number of spaces for the dwelling unit. All required parking spaces shall remain available for the purpose of parking vehicles.
8.
A cottage food operation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. Specifically, direct sales of products from the site of the cottage food operation shall be conducted by prior appointment only, and shall be limited to no more than two on-site customers at any given time.
9.
Direct sales, cottage food operation related sales and loading activities shall not occur between the hours of 8:00 p.m. and 7:00 a.m.
10.
The use shall conform to the noise standards prescribed in Chapter 8.20 BMC.
11.
There shall be no on-site consumption of products other than free, small samples.
12.
A cottage food operation shall not create persistent odors beyond the property line that are offensive to the reasonable person.
D.
No more than one cottage food operation per dwelling unit is allowed.
E.
The permit for a cottage food operation that is not operated in compliance with these regulations shall be revoked by the development services director after 30 days' written notice unless the cottage food operation is altered to comply.
(Ord. 13-06 § 5; Ord. 18-05 § 34; Ord. 25-09 § 4)
§ 17.70.380 Mobile food vendors.
A.
Applicability. Mobile food vending is permitted on private property Industrial Districts only, as specified in BMC § 17.32.020 (IL, IG, IW and IP districts – Land use regulations).
B.
Location.
1.
Mobile food vehicles shall not be parked within 200 feet of an existing brick and mortar restaurant during the hours when such restaurant is open to the public for business.
2.
Mobile food vendors shall not occupy any parking space(s) required to fulfill the minimum off-street parking requirements of the principal property use.
3.
The vehicle shall not block an entrance, garage, driveway or fire lane for any business or structure, nor extend into the public right-of-way.
4.
No mobile food vendor may be parked in a manner that impairs the visibility of a driveway crossing a street property line, as provided in BMC § 17.74.150 (Driveways and intersections – Visibility.).
C.
General Requirements.
1.
The vendor shall obtain, maintain display all current permits, licenses, and certificates on exterior of the vehicle at all times including from the Department of Motor Vehicles (DMV).
2.
The vendor shall maintain a county health permit at all times.
3.
The food vending vehicle shall be entirely self-sufficient in regards to gas, water, and telecommunications and shall be a self-propelled vehicle.
4.
The vendor shall be prepared to present evidence of the following upon request:
a.
Written permission from the property owner to occupy the property; and
b.
Proof of legal access to restroom facilities and access to hand washing facilities for the use of employees within 200 feet of site location per California Retail Food Code, Chapter 10, Section 114315.
D.
Site Conditions.
1.
The site shall be maintained in a safe and clean manner at all times.
2.
The lot upon which the vendor is parked shall be paved. For purposes of this section, "paved" shall mean asphalt, concrete, pavers, or other permanent surfacing approved by the city engineer.
3.
Exterior storage of refuse, equipment or materials associated with the mobile food vendor is prohibited.
4.
The vendor shall not discharge items, including but not limited to waste water or other fluids, debris or food, onto the property, sidewalk, gutter, or storm inlets.
5.
The vendor shall provide a minimum of two 32-gallon litter receptacles and one 32-gallon recycling receptacle within 15 feet of the vending vehicle and shall remove all refuse from the site and surrounding property on a daily basis.
6.
No mobile food vendor shall provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and stand-up counters.
E.
Alcohol. The serving or consumption of alcohol shall be prohibited at mobile food vending sites.
F.
Hours of Operation. The hours of operation shall not exceed 6:00 a.m. to 8:00 p.m. every day. The mobile food vending vehicle shall not be stored on site during nonoperation hours and shall be removed daily.
G.
Noise. The operation of all mobile food vehicles, including generators and ancillary equipment, shall meet the city noise ordinance, Chapter 8.20 BMC (Noise Regulations).
H.
Signs. Signage is only allowed when placed on the mobile food vehicle. No separate freestanding signs are permitted. No flashing or blinking lights are allowed on vehicle or related signage when the vehicle is parked.
(Ord. 14-06 § 5; Ord. 18-05 § 35; Ord. 25-09 § 24)
§ 17.70.390 Emergency shelter.
Repealed by Ord. 25-12.
(Ord. 14-11 § 9; Ord. 24-01 § 17; Ord. 25-09 § 4)
§ 17.70.400 Outdoor entertainment.
The following standards shall apply to all outdoor entertainment uses:
A.
Outdoor entertainment shall only be allowed as an accessory use to a primary business on private property.
B.
Noise levels shall be in compliance with the noise regulations identified in Chapter 8.20 BMC (Noise Regulations).
C.
A contact for the establishment must be provided to the city. The contact information must be immediately produced upon the request of any city official or affected party.
D.
All speakers/amplifiers shall be directed away from surrounding sensitive land uses on adjoining and nearby properties.
E.
The approved permit must be displayed in a conspicuous place in the entertainment establishment. The permit and related conditions must be immediately produced upon the request of any city official or affected party.
F.
Substantial changes to the existing establishment and/or operation (e.g., expansion of outdoor performance or seating area, relocation of entertainment structures/equipment) must be reviewed by the development services director to determine if additional conditions or a new use permit are necessary.
(Ord. 18-16 § 4; Ord. 25-09 § 4)
§ 17.70.410 Donation and collection bins.
A.
Purpose. In addition to the general purposes of BMC Title 17 (Zoning), the purposes of these regulations include the following:
1.
Protect the property rights of the owners of parcels on which the donation and collection bins are located.
2.
Provide for the location, placement, design, and maintenance of donation and collection bins in a manner compatible with the community appearance.
3.
Ensure that donation and collection bins do not create blight and become a public nuisance due to illegal dumping, unauthorized placement, overconcentration, aesthetic impacts and/or result in vehicle site distance and circulation impediments.
4.
Ensure that residents and/or users are fully informed of those who operate the bins so that they can be contacted if there are any blight-related questions or concerns.
B.
Permit Required.
1.
It shall be unlawful to place, operate, maintain or allow a collection and donation bin on any real property prior to obtaining a zoning permit from the development services director.
2.
The permit applicant shall be the donation and collection bin operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity.
3.
The permit applicant must comply with the application process and submit an application and all documentation required by the development services department.
4.
No permit shall be required for donation and collection bins located completely within a building.
C.
Process for Permit Approval.
1.
All applications for a donation and collection bin zoning permit shall meet the following:
a.
The applicant has submitted a complete and accurate application accompanied by the required documents and applicable permit fee.
b.
There are no open citations, unpaid fines or unresolved violations or complaints related to any collection and donation bin managed by the proposed operator.
c.
All existing unpermitted bins that are managed by the proposed operator have been removed.
d.
Any verified blight on the subject property has been abated and any case of a complaint to the city regarding blighted conditions on the subject property has been closed.
D.
Standards. The following standards shall apply to the placement of the donation and collection bins:
1.
Location.
a.
Only one donation and collection bin may be permitted on a single parcel or shopping center, and not within 1,000 feet from any other collection and donation bin.
b.
A donation and collection bin shall not be located in a public right-of-way or within 20 feet of a public street.
c.
A donation and collection bin shall not occupy any required off-street parking or loading space nor reduce driveways and aisles below the dimensions specified in Chapter 17.74 BMC.
d.
A donation and collection bin shall not occupy or obstruct any pedestrian path of travel, including sidewalks and walkways, or required handicapped accessibility routes.
e.
A donation and collection bin shall not block or impede access to required easements, trash enclosure areas or access to trash bins/trash enclosures.
f.
A donation and collection bin shall not impede the functioning of exhaust, ventilation, or fire-extinguishing systems.
g.
A donation and collection bin shall not be located on required landscaping.
2.
Appearance and Design. Collection and donation bins shall have the following physical attributes:
a.
Be constructed of a uniform durable and waterproof material with a single nonreflective finish.
b.
Have a collection opening that has a tamper-resistant locking mechanism.
c.
Not be electrically or hydraulically powered or otherwise mechanized.
d.
Shall not exceed the maximum size of 25 square feet.
e.
Shall not exceed the maximum height of six and three-quarters feet.
f.
Shall have the following information displayed on the front of the donation and collection bin in one-inch typeface visible on the front of the bin:
i.
The name, address, 24-hour telephone number, website, and email address of the operator of the donation and collection bin.
ii.
The type of material that may and may not be deposited in the bin.
iii.
A notice stating that no material shall be left outside the bin.
iv.
If the collection and donation bin is owned by a nonprofit organization:
(A)
A statement describing the charitable cause that will benefit from the donations;
(B)
The federal tax identification number of the nonprofit organization operating the UDCB; and
(C)
The statement "This collection box is owned and operated by a nonprofit organization."
v.
If the collection and donation bin is owned by a for-profit entity:
(A)
"This donation is not tax-deductible"; and
(B)
"This collection box is owned and operated by a for-profit organization."
g.
Notwithstanding subsections (D)(2)(a) through (2)(f) of this section, sign lettering shall not exceed five inches in height.
h.
Notwithstanding subsections (D)(2)(a) through (2)(f) of this section, sign area shall not exceed two square feet in size per side.
3.
Maintenance.
a.
No blight shall be within 20 feet of the bin. Blight includes, but is not limited to, donation/collection overflow, litter, debris, and dumped material.
b.
Bins shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to, graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection-operating mechanisms.
c.
Bins shall be serviced not less than weekly.
d.
The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.
e.
Bins cannot be used for the collection of solid waste and/or any hazardous materials.
f.
Graffiti shall be removed in a timely manner within a period of three business days unless otherwise extended by the city's code enforcement officer.
g.
No uplighting or illumination of any kind shall be permitted.
E.
Violations and Compliance Process. Violations of this chapter shall be handled by the city's code enforcement officer pursuant to the procedures set forth in Chapter 8.04 BMC.
F.
Nothing in this chapter shall be interpreted to authorize a right of action against the city, nor shall this section give rise to any cause of action for damages against the city.
G.
Exemptions.
1.
Donation and collection bins that are located within an entirely enclosed and lawfully constructed and permitted principal building shall not require a zoning permit.
2.
Temporary donation and collection bins that are placed by the consent of the property owner and meet all of the following requirements shall not require a zoning permit:
a.
Less than 10 square feet in size;
b.
Less than four feet in height;
c.
Placement on the property for a cumulative period of fewer than 60 days per calendar year;
d.
Located within five feet of a primary customer or visitor entrance;
e.
Clear information on the exterior of the bin regarding the purpose and duration of the temporary collection.
3.
These regulations are not intended to apply to community lending receptacles that are customary to residential areas, such as book-lending boxes.
(Ord. 19-04 § 6; Ord. 25-09 §§ 3, 4)
§ 17.70.420 Solar utilities.
The following standards shall apply to all solar utilities:
A.
Agricultural Protections. Solar utilities shall not be sited on any land subject to a Williamson Act contract, unless the landowner has rescinded that contract pursuant to its terms.
B.
No Municipal Services. Solar utilities shall not require or benefit from municipal services, such as water or sewer services.
C.
Development Standards. Solar arrays shall comply with all applicable setback restrictions, including creek setbacks, for the applicable zoning district.
D.
Height. For ground-mounted installations, the maximum height shall not exceed 15 feet from finished grade.
E.
Noise. Noise levels shall be in compliance with the noise regulations identified in Chapter 8.20 BMC.
F.
Decommissioning. Upon ceasing operations, or if the utility solar project is nonoperational for a period of 12 months, the project should be decommissioned (or deactivated and removed) in an efficient and thorough manner. A decommissioning plan shall be submitted and approved by the development services director prior to the issuance of building permits. Financial assurance shall be provided to city of Benicia in a form and amount, as established by an independent engineer, to secure the expense of decommissioning and restoring the project site consistent with the approved decommissioning plan. Financial assurance shall be submitted and accepted by city of Benicia prior to final occupancy/finalizing the building permit (project close out).
G.
Storm Water Management. All projects greater than one acre shall submit a storm water pollution prevention plan and include erosion and sediment control best management practices into the plan.
H.
Minimal Traffic. Solar utilities shall not generate new daily traffic trips during normal operation outside of occasional trips for maintenance.
I.
Solar utilities shall comply with the applicable provisions of the Travis Air Force Base Airport land use compatibility plan.
J.
Hillside Protection. Solar utilities shall be prohibited on areas of greater than 20 percent slope.
K.
Scenic Vista and Views. Solar utilities shall not impede any scenic vistas or views as defined in the general plan.
L.
The aggregate amount of solar utilities allowed within the open space district shall be no more than 10 megawatts AC.
M.
Minimum Lot Size. Solar utilities shall not be located on parcels less than five acres in size.
N.
Maximum Lot Coverage. Solar utilities shall not occupy more than 50 percent of the total parcel size.
O.
Floodplains. Solar utilities shall not be located within a 100-year floodplain as designated by the Federal Emergency Management Agency (FEMA).
P.
Vegetation Management Plan. Solar utilities must incorporate a vegetation management plan in accordance with BMC § 17.70.190(B).
(Ord. 20-05 § 4; Ord. 25-09 § 4)
§ 17.70.430 Objective planning and design standards for mixed use residential and multifamily development projects.
Repealed by Ord. 25-12.
(Ord. 21-09 § 7)
§ 17.70.440 Community benefits program.
Repealed by Ord. 25-12.
(Ord. 22-03 § 5; Ord. 25-09 § 4)
§ 17.70.450 Short-term rentals.
A.
Purpose. This section establishes regulations for short-term rentals when accessory to a dwelling unit. The purpose of these regulations is to:
1.
Allow short-term rentals in Benicia while preventing the loss of housing stock, particularly rental units;
2.
Protect the character of residential neighborhoods and minimize adverse impacts on neighboring properties from short-term rentals;
3.
Allow for a range of lodging options for visitors to support a vibrant local economy; and
4.
Provide a short-term rental licensing process for the city to monitor compliance with these regulations and ensure collection of transient occupancy taxes.
B.
Definitions. See BMC § 17.12.030 (Definitions) for definitions of terms as used in this section.
C.
Standards for Hosted Short-Term Rentals.
1.
Where Allowed. Hosted short-term rentals are permitted in all residential and mixed use districts and in all zones of the downtown mixed use master plan, subject to the requirements of this section.
2.
Eligible Dwellings. A hosted short-term rental may occur in any dwelling unit or habitable room, subject to all other requirements of this section. A short-term rental may occur only within a legal dwelling unit. Parts of the property that are not habitable rooms and/or are not approved for residential habitation, such as a vehicle, storage shed, trailer, garage, or a tent, or similar facility, may not be used as a short-term rental.
3.
Minimum Stay. The minimum stay for a hosted short-term rental is one night.
4.
Annual Limit. There is no limit on the number of nights a dwelling unit may be occupied as a hosted short-term rental.
5.
Parking. A hosted short-term rental shall provide one off-street parking space in addition to the spaces required for the dwelling unit. The required off-street parking may be provided in a driveway and/or tandem configuration. Such parking shall remain open and available to occupants and guests at all times during the term of the rental.
6.
Additional Standards. A hosted short-term rental must also comply with standards in subsection (E) of this section (Additional Standards Applying to All Short-Term Rentals).
D.
Standards for Unhosted Short-Term Rentals.
1.
Where Allowed. Unhosted short-term rentals are permitted only within the downtown mixed use master plan area, subject to the requirements of this section.
2.
Eligible Dwellings. An unhosted short-term rental may occur only within a detached single-family home. An unhosted short-term rental is not permitted in a multifamily unit, attached condominium, townhome, or rowhouse as defined in the downtown mixed use master plan. Any deed-restricted affordable unit, including inclusionary units as defined in BMC § 17.70.320 (Inclusionary housing), may not be used as unhosted short-term rental.
3.
Minimum Stay. The minimum stay for an unhosted short-term rental is two consecutive nights.
4.
Annual Limit. A dwelling unit may be occupied as an unhosted short-term rental for no more than 120 nights per calendar year.
5.
Parking.
a.
An unhosted short-term rental shall provide off-street parking as required by the downtown mixed use master plan.
b.
Required off-street parking may be provided on a driveway and/or tandem configuration, but shall in all cases be provided on an approved vehicle parking surface as approved by the city engineer and in accordance with the applicable requirements of the downtown mixed use master plan.
c.
Required parking shall remain open and available to occupants and guests at all times during the term of the rental.
6.
Additional Standards. An unhosted short-term rental must also comply with standards in subsection (E) of this section (Additional Standards Applying to All Short-Term Rentals).
E.
Additional Standards Applying to All Short-Term Rentals.
1.
Accessory Dwelling Units. An accessory dwelling unit (ADU) may not be used as a short-term rental. A primary residence with an ADU on the lot may be used as a short-term rental.
2.
Primary Residence. A short-term rental is permitted only in the host's primary residence.
3.
Maximum Occupancy.
a.
The maximum permitted occupancy for a short-term rental shall not be advertised nor exceed the equivalent of two adult guests per bedroom (excluding the host's bedroom for hosted short-term rentals).
b.
All short-term rentals must comply with maximum occupancy limitations in the Benicia Municipal Code and/or California Fire Code as determined by the fire marshal or his or her designee.
4.
Life Safety. The space used for a short-term rental must meet or exceed fire and life safety requirements in the building and fire codes, including installation of fire extinguishers, smoke and carbon monoxide detectors, and adequate means of egress.
5.
Contact Person.
a.
A short-term rental shall designate a contact person to be available to accept telephone calls during the term of a rental.
b.
The designated contact person shall:
i.
Respond within 30 minutes to complaints regarding the condition or operation of the dwelling unit or the conduct of guests; and
ii.
Take remedial action to resolve such complaints.
c.
A host shall provide the contact person's name and telephone number to all guests and occupants of adjacent properties.
d.
A host shall keep on file with the city the name, telephone number, and mailing address of the contact person.
e.
Contact person information must be current and up to date. A host shall inform the city and occupants of adjacent properties of changes to the designated contact person and/or their contact information.
6.
Performance Standards. A short-term rental shall comply with all provisions of the Benicia Municipal Code, including but not limited to BMC § 17.70.240 (Performance standards) and Chapter 8.20 BMC (Noise Regulations).
7.
Refuse and Property Maintenance. A property with a short-term rental must be maintained free from weeds, debris, and trash as required by Chapters 8.04 (Property Maintenance – Nuisance Abatement), 8.08 (Weeds and Rubbish) and 8.24 (Refuse Matter Disposal) BMC.
8.
Communication on Rules to Renters. The host shall provide within the short-term rental printed materials with the following information:
a.
Method to contact the contact person as required by subsection (E)(5) of this section (Contact Person).
b.
Events prohibited under subsection (E)(9) of this section (Commercial Events).
c.
Occupancy limitation under subsection (E)(3) of this section (Maximum Occupancy).
d.
The location of all fire extinguishers, carbon monoxide detectors, gas shut-off valves, emergency exit routes, and fire alarms.
e.
Other policies and rules for guest behavior ("good neighbor policy") as established by the host or required by the city as a condition of license approval.
9.
Commercial Events. Commercial events such as weddings, banquets, and corporate retreats may not occur on the property as part of a short-term rental. A short-term rental may not be used as a conference and meeting facility as classified in Chapter 17.16 BMC (Use Classifications).
10.
Advertising.
a.
A city-issued short-term rental license number must be depicted in a visible location on all short-term rental advertisements, including any listing on a hosting platform.
b.
Signs advertising a short-term rental may not be posted on the exterior of a dwelling unit.
11.
Preservation of Records. The host shall maintain records for three years demonstrating compliance with this section, including but not limited to the number of days per calendar year the dwelling unit has been used as a short-term rental, the number and length of each short-term rental stay, the number of guests for each booking, and the price paid for each stay. These records shall be made available to the city upon request.
F.
Short-Term Rental License.
1.
License Required. Operating a short-term rental requires city issuance of a short-term rental license.
2.
No Property Rights Conferred. Short-term rental licenses shall not be construed as providing property rights or vested interests and entitlements in continued operation of a short-term rental. Short-term rentals are revocable licenses which expire biannually. Short-term rental licenses do not run with the land.
3.
Review Authority. The development services director or their designee shall review and approve, conditionally approve, or deny a short-term rental license application.
4.
License Application.
a.
An application for a short-term rental license must be submitted using a form provided by the city and must include, at a minimum, the following:
i.
The address of the dwelling unit to be used for the short-term rental.
ii.
The name and contact information of the short-term rental host.
iii.
The name and contact information for the contact person if different from the host.
iv.
An indemnification and hold harmless agreement, signed by the applicant, in a form approved by the city attorney.
v.
If the property is part of a common interest development, a letter of authorization from the homeowner's or condominium association indicating that the short-term rental is permitted under the association's covenants, conditions, and restrictions (CC&Rs).
vi.
A statement, signed by the applicant, agreeing to comply with this section and any additional city requirements to operate a short-term rental in Benicia.
vii.
A floor plan showing the bedrooms in the dwelling unit and a site plan showing off-street parking required for the short-term rental.
viii.
Other information required by the city as needed to determine that the proposed short-term rental will comply with this section and other applicable regulations.
b.
The host shall be the applicant named on the short-term license application. If the applicant is not the legal owner of the property, the application shall be signed by the property owner consenting to the use of the property as a short-term rental.
5.
Fee. The license application shall be accompanied by a filing fee in an amount established by resolution of the city council.
6.
Application Review.
a.
The city will review the license application to determine if the proposed short-term rental complies with this section. The city may request additional information from the applicant as needed to determine compliance.
b.
The city will act on the license application only after determining that the application is complete and accurate.
7.
Process to Act on Application – Hosted Short-Term Rentals.
a.
Criteria. The city shall administratively approve a license application for a hosted short-term rental if all of the following requirements are met:
i.
The proposed short-term rental complies with the requirements of this section.
ii.
The dwelling unit is not the subject of any active city enforcement proceedings, including a warning notice, notice of violation, compliance order, or administrative citation.
iii.
A short-term rental license for the dwelling unit has not been denied or revoked in the prior 12-month period.
b.
Public Hearing Not Required. A noticed public hearing is not required prior to city action on a license application for a hosted short-term rental.
8.
Process to Act on Application – Unhosted Short-Term Rentals.
a.
Public Notice and Hearing.
i.
Notice of a pending decision by the development services director on an unhosted short-term rental license application shall be given to owners of property located within 500 feet of the subject property and shall be posted on the project site.
ii.
Notice shall be provided at least 10 days prior to the decision on a form set by the development services director.
iii.
The notice shall state that the development services director is considering the application and will hold a public hearing only upon receiving written request for a hearing.
iv.
The notice will identify:
(A)
The date, time, and location of the public hearing if requested;
(B)
The date by which a public hearing must be requested;
(C)
A description of the proposed short-term rental;
(D)
Directions on how to obtain further information about the application;
(E)
Instructions to submit written comments on the application; and
(F)
How to view the agenda if a public hearing occurs.
v.
The date to request a public hearing specified in the notice shall be no less than 21 days prior to the anticipated decision date.
vi.
If the city does not receive a request for a public hearing by the specified date, the development services director may act on the application without a public hearing.
vii.
If the city receives a request for a public hearing by the specified date, the development services director shall hold a public hearing on the date identified in the notice. The city will not circulate a new notice if the public hearing will occur consistent with the date, time and location specified in the initial notice.
b.
Criteria. The development services director may approve or conditionally approve the license application for an unhosted short-term rental if:
i.
All of the requirements to approve a hosted short-term rental in subsection (F)(7)(a) of this section are met; and
ii.
The development services director or their designee makes all of the following findings:
(A)
The property location and site layout is suitable for an unhosted short-term rental.
(B)
The unhosted short-term rental will be compatible with existing and planned land uses in the vicinity of the property.
(C)
The unhosted short-term rental will not be detrimental to the public health, safety, and welfare.
9.
Conditions of Approval.
a.
The city may attach conditions of approval to a short-term rental license to ensure compliance with this section and other applicable laws and regulations.
b.
The city may modify conditions of approval for a short-term rental license as needed to address repeated police calls for service or other use-related complaints. The city may modify conditions of approval with written agreement from the licensee or through the process specified in subsection (I) of this section (License Modification and Revocation).
10.
License Number. The city shall assign a license number to each short-term license approved in accordance with this section.
11.
Nontransferable. An approved short-term rental license is personal to the host, does not run with the land, and is valid only at the original short-term rental site. A short-term rental license automatically expires upon sale or transfer of the property. A short-term rental license may not be assigned, transferred, or loaned to any other person.
12.
Biannual Renewal.
a.
A short-term rental license must be renewed biannually on or before a city-specified date. If a short-term rental license is not renewed, the license will lapse and become void.
b.
A host must request a license renewal using a form provided by the city. The renewal request must be submitted with all required fees, information, and materials. The host shall submit information as needed for the city to verify that transient occupancy taxes have been paid as required by Chapter 3.24 BMC (Transient Occupancy Tax).
c.
The city shall issue a renewed license if the short-term rental has complied with the requirements of this section and other applicable city regulations over the prior year.
13.
Appeals. Development services director decisions on a short-term rental license may be appealed to the planning commission, and decisions of the planning commission may be appealed to the city council in accordance with Chapter 1.44 BMC (Appeals).
G.
Business License and Taxes.
1.
Business License. A host shall obtain and maintain at all times a current city business license.
2.
Transient Occupancy Tax. Transient occupancy taxes must be collected for short-term rentals and timely remitted pursuant to Chapter 3.24 BMC (Transient Occupancy Tax). Collection and payment of transient occupancy taxes for short-term rentals is the responsibility of the host.
H.
Enforcement and Penalties.
1.
Violations.
a.
Any activity that conflicts with this section is unlawful, a public nuisance, and is subject to the remedies and penalties provided for in this subsection.
b.
The host, and the property owner if the host is a tenant, is responsible for any nuisance violations arising at a property during short-term rental activities.
2.
Enforcement Authority. The enforcement officer has the primary responsibility to enforce this section as provided in Chapter 1.10 BMC (Administrative Citations) and Chapter 8.04 BMC (Property Maintenance – Nuisance Abatement).
3.
Inspections, Access, and Entry. To carry into effect the provisions of this section, city enforcement officers are empowered to enter:
a.
The premises of a licensed short-term rental; or
b.
Any premises where there is reason to believe that a short-term rental is taking place.
4.
Remedies. Any person who violates any provision of this section shall be subject to the penalties and administrative fines pursuant to Chapters 1.08 (General Penalty), 1.10 (Administrative Citations), and 8.04 (Property Maintenance – Nuisance Abatement) BMC.
5.
Enforcement Cost Recovery. City costs to enforce this section are the responsibility of the licensee. The costs may be recovered pursuant to BMC § 1.10.140 (Recovery of fines and administrative charges), Government Code Section 38773 et seq. and any other legal method.
6.
Attorney Fees. The city may seek reasonable attorney fees incurred for an abatement action and related proceedings in those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney fees. If the city elects to seek recovery of its own attorney fees, attorney fees may be recovered by the prevailing party in said action or proceeding. Pursuant to Government Code Section 38773.5(b), an award of attorneys' fees to the prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
I.
License Modification and Revocation. A short-term rental license may be modified or revoked as provided for in this section.
1.
Review Authority.
a.
The development services director is authorized to review and take action on proceedings to modify or revoke a short-term rental license.
b.
The development services director may refer an action to modify or revoke a short-term rental license to the planning commission for review and decision.
2.
Grounds for Modification or Revocation. The city may modify or revoke a short-term rental license for one or more of the following reasons:
a.
The license was issued based on false or misleading information in the application.
b.
The licensee has failed or refused to allow inspections for compliance.
c.
One or more conditions of license approval have been violated, or have not been complied with, or fulfilled.
d.
The licensee has violated a requirement in this section.
e.
The licensee has violated the Benicia Municipal Code, any city regulation, or state or federal law.
f.
The licensee has conducted the short-term rental in a manner that constitutes a public nuisance.
3.
Property Owner Notification. Prior to scheduling an administrative hearing to modify or revoke a license, the city must notify the licensee of the violations, identify necessary corrections, and establish a reasonable period within which the licensee must correct the violations. The notice must be personally served or sent via first class mail and must contain the information specified in BMC § 1.10.040(B). If the licensee has not corrected the violation within the specified period of time, the city may proceed with the process to modify or revoke the license.
4.
Notice of Administrative Hearing.
a.
The city must provide written notice of the license revocation proceedings to the licensee 10 days prior to the hearing. The notice must state the nature of the violation and the date and place of the administrative hearing.
b.
For unhosted short-term rentals, the city shall also post notice on the subject property and provide public notice to owners of property located within 500 feet of the subject property.
5.
Administrative Hearing. The development services director shall hold an administrative hearing in the same manner as required for administrative citations in BMC § 1.10.110 (Administrative hearing procedure).
6.
Decision. The development services director shall make a decision on the license modification or revocation within 15 calendar days of the conclusion of the hearing. The development services director may modify or revoke the license upon finding that one or more of the grounds for revocation in subsection (G)(2) of this section (Grounds for Revocation) applies. Alternatively, the development services director may at his or her discretion:
a.
Allow the licensee additional time to correct the violation or noncompliance;
b.
Modify the license conditions of approval;
c.
Determine that the violation has been corrected and end abatement proceedings; or
d.
Refer the matter to the planning commission for review and final decision.
7.
Notice of Decision. The city shall mail a written notice of the decision to the licensee within 15 calendar days of the date of the decision.
8.
Appeals. A decision by the development services director or planning commission concerning the modification or revocation of a short-term rental license may be appealed in accordance with Chapter 1.44 BMC (Appeals).
9.
Effective Date.
a.
If a modification or revocation decision is not appealed, the decision becomes final and effective 10 business days after the date of the decision.
b.
For decisions appealed to the city council, the decision is final when the city council makes a final decision on the appeal.
10.
Effect of Revocation.
a.
The revocation of a license has the effect of terminating the approval and denying the privileges granted by the license.
b.
The prior holder of a revoked license may not apply for a new short-term rental license on the property or in any other location in the city within 24 months of the license revocation.
(Ord. 22-07 § 1; Ord. 25-09 § 4)
§ 17.70.460 Employee housing (for farmworkers).
Repealed by Ord. 25-12.
(Ord. 24-01 § 18)
§ 17.70.470 Housing for religious and community institutional uses.
Repealed by Ord. 25-12.
(Ord. 25-03 § 3)
§ 17.74.010 Specific purposes.
In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of the off-street parking and loading regulations are to:
A.
Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use.
B.
Establish parking standards for commercial uses consistent with need and with the feasibility of providing parking on specific commercial sites.
C.
Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts.
(Ord. 87-4 N.S., 1987)
§ 17.74.020 Basic requirements for off-street parking and loading.
A.
When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with the regulations prescribed in this chapter, except that for the purposes of these requirements, "major alteration or enlargement" shall mean a change of use or an addition that would increase the number of parking spaces or loading berths by not less than 10 percent of the total number required prior to the alteration or enlargement.
B.
Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter; provided, that facilities being used for off-street parking and loading as of the date of adoption of the ordinance codified in this title shall not be reduced in number to less than that required by the provisions of this chapter.
C.
Spaces Required for Alteration or Enlargement. The number of parking spaces or loading berths required for an alteration or enlargement of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces or berths existing prior to the alteration, enlargement, or change of occupancy unless the preexisting number is greater than the number prescribed in this chapter. In this case, the number of spaces or berths in excess of the prescribed minimum shall be counted in determining the required number of spaces or berths.
D.
Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use. If the gross floor area of individual uses on the same site is less than that for which a loading berth would be required by Schedule B of BMC § 17.74.030, but the aggregate gross floor area of all uses is greater than the minimum for which loading berths would be required, the aggregate gross floor area shall be used in determining the required number of loading berths.
E.
Joint Use. Off-street parking and loading facilities required by this chapter for any use shall not be considered as providing parking spaces or loading berths for any other use except where the provisions of BMC § 17.74.040, Collective provision of parking, apply or a joint facility exists. Such a facility shall contain not less than the total number of spaces or berths as determined individually, subject to the provisions of subsection (G) of this section, or fewer spaces may be permitted where adjoining uses on the same site have different hours of operation and the same parking spaces or loading berths can serve both without conflict. A determination of the extent, if any, to which joint use will achieve the purposes of this chapter shall be made by the development services director, who may require submission of survey data necessary to reach a decision.
F.
Location and Ownership. Parking in an R district required to serve a residential use shall be on the same site as the use served. Parking required to serve a residential or nonresidential use in any other district may be on the same or a different site under the same or different ownership as the use served; provided, that parking shall be within the following distances of the use served, measured from the near corner of the parking facility to the entrance of the use served via the shortest pedestrian route:
Customer/Visitor Spaces | Residential Spaces | Employee Spaces |
|---|---|---|
200 feet | 300 feet | 400 feet |
Prior to establishing the off-site parking, a covenant record, approved by the city, must be filed with the county recorder guaranteeing that off-site parking will be maintained exclusively for the use served for the duration of the use.
G.
R Districts. No off-site parking for a nonresidential use shall be permitted in an R district unless the nonresidential use served is permitted or conditionally permitted in the R district where the off-site facility is to be located.
H.
Reserved Parking Spaces for Multifamily Residential Uses. No more than one parking space shall be reserved for the exclusive use of an individual unit unless additional parking is provided above the amount required by BMC § 17.74.030. Such additional parking may be assigned for the exclusive use of an individual unit.
I.
Common Loading Facilities. The off-street loading facilities requirements of this chapter may be satisfied by the permanent allocation of the prescribed number of berths for each use in a common truck loading facility; provided, that the total number of berths shall not be less than the sum of the individual requirements. As a requirement of approval, an attested copy of a contract between the parties concerned setting forth an agreement to joint use of the common truck loading facility shall be filed with the application for a zoning permit.
J.
Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one parking space or loading berth shall be required for a fraction of one-half or more, and no space or berth shall be required for a fraction of less than one-half.
K.
Uses Smaller than 2,000 Square Feet. Deviations from regular parking standards may be approved by the development services director for uses smaller than 2,000 square feet. Circumstances which would warrant such consideration and possible approval include:
1.
A shared parking arrangement which meets the findings in BMC § 17.74.040.
2.
Submission of data substantiating that a particular use meets the findings in BMC § 17.74.060.
3.
Ample on-street parking.
4.
A reduction in the standard parking requirement would result in an on-site benefit such as preservation of heritage trees, substantial landscape screening, a unique structure, or other similar site attributes.
L.
New On-Street Parking – Mixed Use Districts.
1.
If a mixed use residential development in the MU-I or MU-L district creates new publicly available on-street parking, the number of off-street parking spaces required for the commercial use shall be reduced by the number of new on-street parking spaces. For example, if a commercial use otherwise requires four off-street spaces, and the project creates two new on-street spaces within excess street right-of-way or by dedicating to the city right-of-way, the commercial use would be required to provide two (not four) off-street spaces.
2.
A development may create new on-street parking within the public right-of-way only after the city council has adopted a plan or policy specifying where this new parking is allowed and additional standards and requirements that apply.
3.
The engineering division must review and approve all new on-street parking within the public right-of-way.
M.
Use of On-Street Parking.
1.
The planning commission may reduce required off-street parking for commercial uses in a mixed use residential project where on-street parking is available to serve the commercial use.
2.
The applicant must submit a parking study prepared by a qualified professional, documenting existing on-street parking conditions and demonstrating that the use permit findings in BMC § 17.104.060 (Required findings) can be made.
3.
On-street parking must comply with the following:
a.
The on-street parking space must be located no more than 300 feet away from the use it serves, measured from the near corner of the parking space to the primary entrance of the use served via the shortest pedestrian route.
b.
For a commercial use that requires 10 or more parking spaces, no more than 50 percent of the required parking may be served by on-street spaces.
c.
On-street parking spaces must be designated as limited time parking in accordance with the California Vehicle Code.
(Ord. 87-4 N.S., 1987; Ord. 01-6 N.S., 2001; Ord. 22-03 §§ 6, 7; Ord. 25-09 § 4)
§ 17.74.030 Off-street parking and loading spaces required.
Independently accessible off-street parking and loading spaces shall be provided in accord with the following Table 1 and Schedules A and B. For off-street loading, references in Schedule A are to Schedule B, which sets space requirements and standards for different groups of use classifications and sizes of buildings. References to spaces per square foot are to be computed on the basis of gross floor area unless otherwise specified, and shall include allocations of shared restroom, halls and lobby area, but shall exclude area for vertical circulation, stairs or elevators. Where the use is undetermined, the development services director shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the development services director may require the submission of survey data from an applicant or collected at an applicant's expense.
Table 1: Number of Off-Street Parking Spaces Required | ||
|---|---|---|
Use Classifications | Downtown Mixed Use Districts | Other Districts |
Residential | See Downtown Mixed Use Master Plan | See Schedule A |
Nonresidential | See Downtown Mixed Use Master Plan | See Schedule A |
– First Floor | ||
– Above First Floor | ||
– Loading Spaces | ||
Use Classification | Off-Street Parking Spaces: Schedule A | Off-Street Parking Spaces: Schedule B Group Number |
|---|---|---|
Residential | ||
Group Residential | 1 per 2 beds; plus 1 per 100 sq. ft. used for assembly purposes | 1 |
Work/Live Quarters | 1 per unit | |
Multifamily Residential | ||
Studio and One-Bedroom Units | 1.0 spaces per unit | |
Two-Bedroom Units | 1.5 spaces per unit | |
Three or More Bedrooms | 2.0 spaces per unit | |
Residential Care, Limited | 1 per 3 beds | |
Single-Family Residential | 2 including 1 covered/unit | |
Senior Citizens' Housing | 0.50 spaces per unit. (Also see BMC § 17.74.050) | |
Supportive Housing | Single-family residential projects are subject to single-family residential use parking requirements Multifamily residential projects are subject to multifamily residential use parking requirements | |
Transitional Housing | Single-family residential projects are subject to single-family residential use parking requirements Multifamily residential projects are subject to multifamily residential use parking requirements | |
Public and Semipublic | ||
Adult Day Health Care | 1 per 7 adults; maximum enrollment based on maximum occupancy load | |
Cemetery | As specified by use permit | |
Clubs and Lodges | 1 per 100 sq. ft. used for assembly purposes | 3 |
Conference and Meeting Facilities | 1 per 100 sq. ft. used for assembly purposes or as specified by use permit | 2 |
Convalescent Facilities | 1 per 3 patient beds | 3 |
Cultural Facilities | 1 per 300 sq. ft. | 3 |
Day Care Center | 1 per 7 children; maximum enrollment based on maximum occupancy load | |
Detention Facilities | As specified by use permit | 3 |
Emergency Shelters | 1 per 5 beds or 1 per employee, or as based upon the demonstrated need | |
Family Day Care, Large | 1 per 7 children; maximum enrollment based on maximum occupancy load | |
Government Offices | 1 per 300 sq. ft. | 2 |
Heliports | As specified by use permit | |
Hospitals | 1 per 1.5 beds | 3 |
Maintenance and Service Facilities | 1 per 500 sq. ft. | 1 |
Park and Recreation Facilities | As specified by design review and use permit for private facilities | |
Public Safety Facilities | As specified by use permit | 3 |
Religious Assembly: | ||
In an R District | 1 per 4 fixed seats, or 1 per 50 sq. ft. of seating area if there are no fixed seats | 3 |
In a C District | 1 per 8 fixed seats, or 1 per 100 sq. ft. of seating area if there are no fixed seats | 3 |
Residential Care, General | 1 per 3 beds; plus additional specified by use permit | 3 |
Schools, Public or Private | As specified by use permit | 1 |
Utilities, Major | As specified by use permit | 1 |
Utilities, Solar | As specified by use permit | 1 |
Commercial | ||
Adult Businesses | 1 per 250 sq. ft. | 1 |
Ambulance Services | 1 per 500 sq. ft.; plus 2 storage spaces | 1 |
Animal Sales and Services: | ||
Animal Boarding | 1 per 400 sq. ft. | |
Animal Grooming | 1 per 400 sq. ft. | |
Animal Hospitals | 1 per 400 sq. ft. | |
Animals, Retail Sales | 1 per 250 sq. ft. | |
Artists' Studios | 1 per 1,000 sq. ft. | |
Banks and Savings and Loans: | 1 per 250 sq. ft. | 2 |
Drive-Up Service | Queue space for 5 cars per teller | |
Building Materials and Services | 1 per 1,000 sq. ft. of lot area | 1 |
Catering Services | 1 per 400 sq. ft. | 1 |
Commercial Recreation and Entertainment: | ||
Bowling Alleys | 3 per alley; plus 1 per 250 sq. ft. of public assembly and retail areas | 1 |
Card Rooms | 1 per 25 sq. ft. of card-playing floor area | |
Electronic Game Centers | 1 per 400 sq. ft. | |
Skating Rinks | 1 per 5 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats; plus 1 per 250 sq. ft. of floor area not used for seating | 1 |
Tennis and Racquetball Clubs | 4 per court | |
Theaters | 1 per 5 fixed seats, or 1 per 35 sq. ft. of seating area if there are no fixed seats | 1 |
Other Commercial Recreation and Entertainment | As specified by use permit | |
Communications | 1 per 500 sq. ft. | 2 |
Eating and Drinking Establishments | 1 per 4 fixed seats, or 1 per 50 sq. ft. of seating area if there are no fixed seats | |
Cocktail Lounge | 1 per 3 fixed seats or 1 per 50 sq. ft. of seating area if there are no fixed seats | |
Mobile Food Vending | 2 per vending vehicle, in addition to primary use requirements | 3 |
With Live Entertainment | 1 per 5 fixed seats, or 1 per 35 sq. ft. of seating area if there are no fixed seats; plus 1 per 35 sq. ft. of dance floor | 1 |
With Take-Out Service | 3 per 100 sq. ft. of gross area; plus queue space for 5 cars for drive-up service | 1 |
Food and Beverage Sales | 1 per 200 sq. ft. | 1 |
Funeral and Interment Services | 1 per 35 sq. ft. of seating area | 1 |
Horticulture, Limited | 1 per 2 acres | |
Laboratories | 1 per 500 sq. ft. | 1 |
Maintenance and Repair Services | 1 per 500 sq. ft. | 1 |
Marinas | 0.8 per berth | 1 |
Marine Sales and Services | 1 per 350 sq. ft. | |
Nurseries | 1 per 1,000 sq. ft. of lot area for first 10,000 sq. ft., 1 per 5,000 sq. ft. thereafter; plus 1 per 250 sq. ft. of gross floor area | |
Offices, Business and Professional | 1 per 300 sq. ft. | |
Offices, Medical and Dental | 1 per 250 sq. ft. | |
Pawn Shops | 1 per 250 sq. ft. | 1 |
Personal Improvement Services: | 1 per 250 sq. ft. | |
Dance or Music Studio | 1 per 600 sq. ft. | |
Personal Services | 1 per 250 sq. ft. | |
Research and Development Services | 1 per 400 sq. ft. | |
Retail Sales Not Listed Under Another Use Classification | 1 per 200 sq. ft. for less than 5,000 sq. ft.; 1 per 250 sq. ft. over 5,000 sq. ft. | |
Vehicle/Equipment Sales and Services: | ||
Automobile Rentals | 1 per 400 sq. ft.; plus 2 storage spaces | 1 |
Automobile Washing | 1 per 200 sq. ft. of sales, office, or lounge area; plus queue for cars per washing station | |
Service Stations | 1 per 250 sq. ft. of floor area plus 1 per service bay | |
Service Station with Convenience Store | 1 per 250 sq. ft. of floor area plus 1 per service bay | |
Vehicle/Equipment Repair | 1 per 600 sq. ft. of service bay and storage area | 1 |
Vehicle/Equipment Sales and Rentals | 1 per 1,000 sq. ft. of lot area | 1 |
Vehicle Storage | 1 per 500 sq. ft. | |
Visitor Accommodations: | ||
Bed and Breakfast Inns | 1 per guest room; plus 2 spaces | |
Hotels and Motels | 1 per guest room; plus 1 per 50 sq. ft. of banquet seating area | 1 |
Warehousing and Storage, Limited | 1 per 2,000 sq. ft. | |
Warehousing and Storage, Mini storage | 2 per office; plus 2 per caretaker's residence; plus 1 per 10,000 sq. ft. of storage | |
Industrial | ||
Industry, Custom | 1 per 1,000 sq. ft. | 3 |
Industry, General | 1 per 1,000 sq. ft. | 1 |
Industry, Limited | 1 per 750 sq. ft. | 3 |
Industry, Research and Development | 1 per 500 sq. ft. | 3 |
Industry, Technology | 1 per 750 sq. ft. | 3 |
Port Terminals | 1 per 2,500 sq. ft. of lot area | |
Wholesaling, Distribution and Storage | 1 per 1,500 sq. ft. | 1 |
Gross Floor Area (sq. ft.) | 10' x 20' x 10' Vertical Clearance | 12' x 30' x 14' Vertical Clearance |
|---|---|---|
Use Classification Group 1 | ||
0 to 3,000 | ||
3,001 to 15,000 | 1 | |
15,001 to 50,000 | 2 | |
50,001 and over | 3 | |
Use Classification Group 2 | ||
0 to 10,000 | 1 | |
10,001 to 20,000 | 1 | |
20,001 and over | 1 | 1 |
Use Classification Group 3 | ||
0 to 30,000 | 1 | |
30,001 to 100,000 | 2 | |
100,001 and over | 3 |
(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. §§ 33, 34, 1989; Ord. 92-9 N.S. § 21, 1992; Ord. 92-18 N.S. § 10, 1992; Ord. 01-6 N.S., 2001; Ord. 07-21 § 10; Ord. 11-04 § 9; Ord. 13-15 § 9; Ord. 14-06 § 6; Ord. 14-11 § 10; Ord. 15-02 § 11; Ord. 20-05 § 5; Ord. 21-09 § 8; Ord. 24-01 § 19; Ord. 25-09 § 4)
§ 17.74.040 Collective provision of parking.
A.
Application. A use permit may be approved for the collective provision of parking serving more than one use of a site. The collective parking may be provided by the private acquisition and development of property or by a public agency in the manner specified by the use permit. A use permit application may include a request to waive all or some of the provisions of BMC § 17.74.020(D), (E), (F) and (G). The planning commission may approve such use permit if it finds:
1.
That the collective provision of parking and conditions of approval are in accord with the objectives of this title and the purposes of this chapter; and
2.
That the collective provision of parking and conditions of approval are consistent with the general plan and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or to the general welfare of the city; and
3.
That the collective parking will comply with all conditions attached to the permit.
B.
Reduced Parking. A use permit for collective off-street parking may reduce the total number of spaces required by this chapter. Any applicant shall submit data prepared by a qualified professional substantiating a request for reduced parking requirements. A use permit may reduce the number of collective parking spaces required if the following additional findings are made:
1.
That parking demand will be less than the requirement in Table 1 or Schedule A in BMC § 17.74.030; and
2.
That the probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand.
C.
Special Conditions. In lieu of or in combination with all or a part of the parking provided under subsection (A) of this section, approval of the use permit may include conditions requiring the payment of fees, the participation in a future or existing parking district, implementation of transportation demand management (TDM) provisions, and/or other mechanisms deemed appropriate by the city to promote the collective provision of parking. The replacement of parking space requirements by such in-lieu fees shall not be considered a reduction in parking or a reduction in the number of spaces required by this chapter.
(Ord. 87-4 N.S., 1987; Ord. 87-26 N.S., 1987; Ord. 22-03 § 8)
§ 17.74.050 Increased parking in senior citizens' housing developments.
The number of spaces required may be increased above the number specified in Schedule A of BMC § 17.74.030; provided, that findings are made for each of the following:
A.
The extent of parking problems, if any, in the neighborhood;
B.
The probability that the prospective residents will have more than two vehicles per dwelling unit;
C.
The age and socioeconomic characteristics of prospective tenants;
D.
The ability to alleviate and correct unexpected parking problems resulting from the proposed development in the future; and
E.
The proximity of public transportation or the availability of a separate transportation system for the residents of the development.
Approval of reduced parking shall require that a covenant be recorded stipulating that all parking requirements of this title will be met in the event of a change in the use of the property.
(Ord. 87-4 N.S., 1987)
§ 17.74.060 Reduced parking for other uses.
A use permit may be approved reducing the number of spaces to less than the number specified in the schedules in BMC § 17.74.030; provided, that the following findings are made:
A.
The parking demand will be less than the requirement in Schedule A or B of BMC § 17.74.030; and
B.
The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand.
In reaching a decision, the planning commission shall consider survey data, prepared by a qualified professional, submitted by an applicant or collected at the applicant's request and expense.
(Ord. 87-4 N.S., 1987; Ord. 22-03 § 9)
§ 17.74.070 Parking spaces for the handicapped.
All parking facilities shall comply with the requirements of the California Administrative Code (Title 24, Part 2, Chapter 2-71) and with the sign requirements of the California Vehicle Code, Section 22507.8.
(Ord. 87-4 N.S., 1987)
§ 17.74.075 Electric vehicle charging.
A.
New Single-Family Dwellings and Townhouses. A UL-listed raceway to accommodate a dedicated 208/240-volt branch circuit shall be provided for each required parking space.
B.
New Multifamily Building.
1.
A minimum of 10 percent of the total number of required parking spaces on the site shall be electric vehicle charging spaces (EV spaces) equipped with an EV charger or electric socket to connect to EV charging cables.
2.
An additional 20 percent of the required parking spaces (rounded up to the nearest whole number) shall be equipped with electric vehicle supply equipment (EVSE) capable of supporting future EV charging equipment, including a branch circuit overcurrent protective device.
3.
All required parking spaces not equipped with EVSE shall be provided with conduit, raceway, or a combination of both, providing future access to EVSE.
C.
California Green Building Code. In case of conflict between this section and the California Green Building Code, the California Green Building Code governs.
(Ord. 22-03 § 10)
§ 17.74.080 Bicycle parking.
A.
Where Required. Bicycle parking spaces shall be provided as required by this section; the provisions of BMC § 17.74.020 shall apply.
B.
Number Required.
1.
Public and semipublic use classifications: as specified by use permit.
2.
Commercial recreation and entertainment: as specified by use permit.
3.
All other commercial use classifications: five percent of the requirement for automobile parking spaces, except for the following classifications, which are exempt:
a.
Ambulance services;
b.
Animal boarding;
c.
Animal grooming;
d.
Catering services;
e.
Commercial filming;
f.
Horticulture, limited;
g.
Funeral and interment services;
h.
Swap meets, recurring;
i.
Vehicle/equipment sales and services (all classifications).
C.
Design Requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a user-provided six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.
(Ord. 87-4 N.S., 1987)
§ 17.74.090 Parking space dimensions.
Required parking spaces shall have the following minimum dimensions:
Use | Type of Space | Large Car (ft.) | Small Car (ft.) |
|---|---|---|---|
Residential | In separate garage or carport housing 6 or fewer cars, or with door at rear of each space | 9 x 19 | n/a |
Residential | In garage or carport housing more than 6 cars with access via aisle, for multifamily residential, or for accessory dwelling unit | 9 x 18 | 7.5 x 15 |
Nonresidential | All spaces | 9 x 18 | 7.5 x 15 |
All | Parallel spaces | 8 x 22 | n/a |
(Ord. 87-4 N.S., 1987; Ord. 19-02 § 6)
§ 17.74.100 Application of dimensional requirements.
A.
Up to 50 percent of required spaces may be small-car spaces. The development services director may grant an exception to criteria to allow all required parking spaces to be small-car spaces upon finding that the small-car spaces will provide adequate parking facilities for the uses that they serve.
B.
Relation to Aisles.
1.
Each parking space adjoining a wall, column, or other obstruction higher than 0.5 feet shall be increased by one foot on each obstructed side; provided, that the increase may be reduced by 0.25 feet for each one foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space.
2.
An aisle providing access to a parking space perpendicular to the aisle shall extend two feet beyond the required width of the parking space.
 DIAGRAM 17.74.100(B) PARKING SPACES ADJOINING AN OBSTRUCTION (The diagram is illustrative) |
C.
Vertical Clearance. Vertical clearance for parking spaces shall be seven feet, except that an entrance may be 6.67 feet and the front five feet of a parking space servicing a residential use may be 4.5 feet.
D.
Wheel Stops. All spaces shall have centerline wheel stops 2.5 feet from a fence or wall. When a parking space abuts a landscaped planter, the front two feet of the required length for a parking space may overhang the planter. When a parking space abuts a walkway, the front two feet of the required length of a parking space may overhang the walkway if the walkway is at least seven feet wide; otherwise the full length shall be provided, and a wheel stop shall be installed two feet from the walkway.
(Ord 87-4 N.S., 1987; Ord. 89-1 N.S. § 35, 1989; Ord. 19-02 § 7; Ord. 22-03 § 11; Ord. 25-09 § 4)
§ 17.74.110 Aisle dimensions.
Aisle widths adjoining large-car spaces shall be as follows:
Increase in Parking Space Width (ft.) | Minimum Aisle Width for Specified Parking Angle (ft.) | |||
|---|---|---|---|---|
90° | 75° | 60° | 45° or less | |
0.00 | 24 | 22 | 16 | 12 |
0.25 | 23 | 21 | ||
0.50 | 22 | 20 | ||
0.75 | 21 | 10 | ||
1.00 or more | 20 | |||
 PARKING REQUIREMENTS (The diagram is illustrative) |
Aisle widths adjoining small car spaces having a base width of 7.5 feet, except where increased by adjoining obstructions, shall be as follows:
Minimum Aisle Width for Specified Parking Angle (ft.) | |||
|---|---|---|---|
90° | 75° | 60° | 45° or less |
20 | 17.4 | 14 | 11 |
(Ord. 87-4 N.S., 1987)
§ 17.74.120 Specific parking area design.
Where an applicant can demonstrate to the satisfaction of the development services director that variations on the dimensions otherwise required by this chapter are warranted, to accommodate tandem spaces, for example, a specific parking area design may be approved under the following limitations:
A.
Tandem Parking.
1.
Tandem parking spaces are permitted for residential uses and designated employee parking.
2.
Parking spaces in a tandem configuration for residential uses must be reserved for and assigned to a single dwelling unit.
3.
Tandem parking spaces may not conflict with required parking spaces or aisles providing access to other parking spaces located within the parking area.
B.
Parking Lifts. Required parking may be provided using elevator-like mechanical parking systems ("parking lifts") provided the lifts are located within an enclosed structure.
C.
Valet Parking. Required parking for nonresidential uses may be provided with valet parking. Where provided, valet parking shall comply with the following standards:
1.
Valet parking lots must be staffed at all times by an attendant who is authorized and able to move vehicles.
2.
A valet parking plan shall be reviewed and approved by the development services director in consultation with the city engineer.
3.
Valet parking may not interfere with or obstruct vehicle or pedestrian circulation on the site or on any public street or sidewalk.
4.
The use served by valet parking shall provide a designated drop-off and pick-up area. The drop-off and pick-up area may be located adjacent to the building, but it may not be located within a fire lane, impede vehicular and/or pedestrian circulation, or cause queuing in the right-of-way or drive aisle.
5.
Valet parking spaces may be located on or off site. If off site, parking must comply with BMC § 17.74.040.
D.
No use for which a tandem or valet parking program has been approved shall be continued if such a program is abandoned unless the parking area is reconfigured to provide the number of independently accessible spaces required by this chapter.
(Ord. 87-4 N.S., 1987; Ord. 22-03 § 12; Ord. 25-09 § 4)
§ 17.74.130 Parking access from street.
A.
Access to parking spaces, other than four or fewer spaces serving a residential use in an R district, shall not require backing across a street property line. An alley may be used as maneuvering space for access to off-street parking.
B.
All spaces in a parking facility shall be accessible without reentering a public right-of-way unless it is physically impossible to provide for such access.
C.
General.
1.
Access to parking spaces, other than four or fewer spaces serving a residential use in an R district, shall not require backing across a street property line. An alley may be used as maneuvering space for access to off-street parking.
2.
All spaces in a parking facility shall be accessible without reentering a public right-of-way unless it is physically impossible to provide for such access.
D.
Mixed Use Districts. The following requirements apply in the MU-I and MU-L districts:
1.
Parking Placement and Alley Access.
a.
Surface parking spaces may not be located between a building and a front or street side lot line. Parking must be located to the rear or side of buildings.
b.
For lots served by an existing paved alley, vehicle access to parking must be from the alley. The review authority may allow exceptions to this requirement where:
i.
Use of the alley is shared with one or more existing single-family residential homes; and
ii.
The alley dimensions and other existing physical site conditions (e.g., building location) conflict with city standards for alley width, sight distance, emergency vehicle access or other objective standards.
c.
If an applicant paves and improves the alley consistent with city standards, parking access may be provided from the alley.
2.
Driveways.
a.
Except where allowed by subsection (D)(2)(c) of this section, no more than one driveway may serve any parcel less than 150 feet wide and no more than two driveways may serve any parcel exceeding 150 feet in width.
b.
The number of driveways allowed for a corner parcel is calculated using either the front or the side dimension of the parcel, whichever is larger.
c.
New development on a shopping center site that existed on December 31, 2022, may not increase the number of driveways providing vehicle access to the property; in addition, such development shall not be required to reduce the number of driveways, as established by subsection (D)(2)(a) of this section.
(Ord. 87-4 N.S., 1987; Ord. 22-03 § 13; Ord. 22-13 § 5)
§ 17.74.140 Driveway widths and clearances.
Except as required for fire department access roads and fire lanes, the maximum width of any driveway shall be not more than 20 feet as measured at the curbing.
(Ord. 87-4 N.S., 1987; Ord. 24-01 § 20)
§ 17.74.150 Driveways and intersections – Visibility.
Visibility of a driveway crossing a street property line shall not be blocked between a height of three and one-half feet and seven feet for a depth of five feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of 50 feet or at the nearest property line intersecting the street property line, whichever is less (see Diagram 17.74.150). For intersections, no structure, including but not limited to fences and gates, shall be maintained higher than three feet above grade within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines 25 feet back from the point of their intersections.
 DIAGRAM 17.74.150 DRIVEWAY VISIBILITY (The diagram is illustrative) |
(Ord. 87-4 N.S., 1987; Ord. 89-1 § 36, 1989)
§ 17.74.160 Parking area screening – Walls and fences.
A parking area for five or more cars serving a nonresidential use shall be screened from an adjoining R district, or a ground-floor residential use, by a solid concrete, solid wood, or masonry wall six feet in height, except that the height of a wall adjoining a required front yard in an R district shall be three feet. A carport or open parking area for five or more cars serving a residential use shall be screened from an adjoining lot in an R district, or a ground-floor residential use, by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front yard in an R district shall be three feet.
(Ord. 87-4 N.S., 1987)
§ 17.74.170 Lighting.
Outdoor parking and loading area lighting shall not employ a light pole higher than 18 feet in industrial districts, nor higher than 12 feet in other districts; except as provided for in BMC § 17.70.180(D). Parking lot light poles in industrial areas within 100 feet of residentially zoned property shall be no higher than 12 feet, unless the light source will be blocked from adjacent residentially zoned properties. No light source shall create a cone of direct illumination greater than 60 degrees from a light source higher than six feet, and shall not directly shine onto an adjacent street or an adjacent lot. Minimum illumination at ground level shall be 0.5 footcandles, and shall not exceed 0.5 footcandles in an R district. No light source within a parking structure in an R district shall be visible from a public right-of-way adjoining an R district.
(Ord. 87-4 N.S., 1987; Ord. 92-9 N.S. § 18, 1992; Ord. 99-1 N.S.)
§ 17.74.180 Parking lot landscaping.
Parking lot landscaping shall be as prescribed by BMC § 17.70.190.
(Ord. 87-4 N.S., 1987)
§ 17.74.190 Vehicle parking – Design and location in R districts.
The following provisions shall apply to vehicle parking in an R district:
A.
Vehicle Parking Surfaces. Parking surfaces for vehicles shall be constructed of concrete, asphalt or permeable paving materials (e.g., porous pavement, vehicle-rated driveway pavers, decomposed granite, and similar materials as approved by the city engineer).
B.
Driveways. Driveways shall be paved and shall have widths and clearances prescribed by BMC § 17.74.140, subject to the visibility requirements of BMC § 17.74.150. Any driveway for which a special permit is issued pursuant to BMC § 12.16.240 (Driveway specifications) may maintain the widths and clearances specified in that permit.
(Ord. 19-02 § 8; Ord. 24-01 § 21)
§ 17.74.200 Additional design standards for parking lots and structures.
Parking stalls shall be paved; parking lots shall have paving, drainage, concrete curbs, lighting, space marking, directional signs, litter collection containers, and queuing space for drive-in facilities or ticket-dispensing booths or machines. Maximum driveway grades shall be 16 percent. Wheel stops shall only be permitted where parking spaces directly abut a wall or fence, with no intervening walkway or planter, or along a property line where no perimeter landscaping strip is required.
(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 37, 1989)
§ 17.74.210 Location and design of off-street loading spaces.
Required spaces shall not be within a building, but shall be on the site of the use served or on an adjoining site. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the development services director. A required loading space shall be accessible without backing a truck across a street property line unless the development services director determines that provision of turn-around space is infeasible and approves alternative access. An occupied loading space shall not prevent access to a required off-street parking space. A loading area shall not be located in a required yard.
Except in a CG or I district, a loading area visible from a street shall be screened on three sides by a fence, wall, or hedge at least six feet in height.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.74.220 Podium parking.
A.
Landscaping Strip. Podium parking adjacent to a street must include a landscaped planter between the street and podium at least four feet wide with a planting height and vegetative cover sufficient to fully screen the podium edge and ventilation openings from view. At maturity, plantings must comprise a minimum of 75 percent of the total landscape planter.
B.
Residential-Only Projects. The following standards apply to podium parking included in a building that contains only residential uses, including residential-only buildings on a property that contains other buildings with nonresidential uses.
1.
The maximum height of a parking podium adjacent to the street is five feet from finished grade.
2.
Units above a street-facing podium must feature entries with stoops and stairs providing direct access to the adjacent sidewalk.
C.
Mixed Use and Commercial Projects. The podium parking entry shall be recessed a minimum of four feet from the street-facing building facade. This requirement applies to podium parking entries facing a private street or internal drive aisle that functions as the front building line as defined in Chapter 17.12 BMC. This requirement does not apply to podium parking entries facing service or loading areas.
(Ord. 22-03 § 14; Ord. 22-13 § 6)
§ 17.78.010 Applicable regulations.
The size, height, design, quality of materials, construction, location, elimination and maintenance of signs within the city are regulated by BMC Title 18.
(Ord. 87-4 N.S., 1987)
§ 17.84.010 Purpose and intent.
It is the purpose and intent of this chapter to regulate the cultivation, manufacturing, sale, delivery, testing and distribution of medical and adult-use cannabis in order to ensure the health, safety, and welfare of the residents of the city of Benicia. The regulations in this chapter are meant to ensure compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (hereinafter the "state cannabis laws") and are not intended to and do not interfere with a patient's right to use medical cannabis as authorized by the state cannabis laws. Nor do these regulations criminalize the possession or cultivation of cannabis for medical or nonmedical purposes as permitted by the state cannabis laws. Cannabis businesses within the city must comply with all provisions of the Benicia Municipal Code for obtaining permits for a cannabis business and must comply with the state cannabis laws and all other applicable local and state laws.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2)
§ 17.84.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
"Applicant"
means a person who is required to file an application for a cannabis business under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, management member, employee, or agent of a cannabis business.
"Cannabis"
shall have the meaning as defined in Business and Professions Code Section 26001(e) as it currently exists or may hereinafter be amended.
"Cannabis business"
means:
A.
Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
B.
Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following, as it currently exists or may hereinafter be amended, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacturing, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness.
"Cannabis product"
shall have the same meaning as defined in Health and Safety Code Section 11018.1 as it currently exists or may hereinafter be amended.
"Canopy"
means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.
"Childcare center"
means a licensed day care facility that provides nonmedical care to children under 18 years of age on a less than 24-hour basis, and includes infant centers, nursery schools, preschools, extended day care facilities, large family day care homes, and school age childcare centers.
"Commercial cannabis activity"
means the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.
"Cultivation"
shall have the same meaning as defined in Business and Professions Code Section 26001(l), as it currently exists or may hereinafter be amended.
"Decision-making body"
means the entity designated in BMC § 17.84.060(D) to make a determination related to a use permit for commercial cannabis business.
"Delivery"
shall have the same meaning as defined in Business and Professions Code Section 26001(p), as it currently exists or may hereinafter be amended.
"Distribution"
shall have the same meaning as defined in Business and Professions Code Section 26001(s), as it currently exists or may hereinafter be amended.
"Drug paraphernalia"
shall have the meaning set forth in California Health and Safety Code Section 11014.5, as it currently exists or may hereinafter be amended.
"Edible cannabis product"
means cannabis that is intended to be used, in whole or in part, for human consumption as defined in Business and Professions Code Section 26001(v), as it currently exists or may hereinafter be amended.
"Identification card"
shall have the meaning set forth in California Health and Safety Code Section 11362.7(g) as it currently exists or may hereinafter be amended.
"Learning center"
means a facility that provides appointment- or classroom-based tutoring, test preparation, drivers' education, instruction in science, technology, engineering, arts and math (STEAM), and similar instruction for school-aged youth, and state-licensed adult day programs for individuals with developmental or physical disabilities.
"Manufacture"
shall have the same meaning as defined in Business and Professions Code Section 26001(ai), as it currently exists or may hereinafter be amended.
"Medicinal cannabis" or "medicinal cannabis product"
shall have the meaning set forth in California Business and Professions Code Section 26001(aj), as it currently exists or may hereinafter be amended.
"Operator"
means any person responsible for management of the cannabis business, any person listed on the cannabis business's articles of incorporation, any person owning an interest in the cannabis business, and any person that supervises another employee of the cannabis business.
"Owner"
shall have that meaning set forth in Business and Professions Code Section 26001(an) as it currently exists or may hereinafter be amended.
"Permittee"
means any person issued a use permit for cannabis under this chapter.
"Physician"
means a licensed medical doctor, including a doctor of osteopathic medicine, as defined in the California Business and Professions Code.
"Property"
means the designated structure or structures and land specified in the use permit for cannabis application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. As utilized herein the term "property" shall also include "location."
"Public park"
means an area of land, owned by a public agency, including the city and any other local, state and/or federal entities, that provides outdoor recreation facilities and programming or provides open space recreational opportunities.
"Qualified registration list"
means the list established through a competitive process to determine the best applicants for use permits for storefront retail cannabis businesses.
"School"
means any public or private school providing instruction in kindergarten or any of grades one through 12, consistent with curriculum content standards adopted by the California State Board of Education, inclusive, but does not include any private school in which education is primarily conducted in private homes.
"State cannabis laws"
means and includes California Health and Safety Code Sections 11362.1 through 11362.45, 11362.5 (Compassionate Use Act of 1996) and 11362.7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Sections 26000, et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA; any license issued pursuant to MAUCRSA; and all other applicable laws of the state of California regulating cannabis or cannabis products, as all these laws currently exist or may hereinafter be amended.
"Testing laboratory"
shall have the same meaning as defined in Business and Professions Code Section 26001(aw), as it currently exists or may hereinafter be amended.
"Youth center"
shall have that the same meaning as defined in Section 11353.1 of the Health and Safety Code, as it currently exists or may hereinafter be amended.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 1)
§ 17.84.030 Residential cultivation of cannabis.
A.
No more than six living cannabis plants for personal use may be cultivated at an individual residential unit. Cultivation must not be visible from a public place, including a public right-of-way, and shall only occur:
1.
Inside an occupied and inhabited dwelling unit; or
2.
Inside a fully enclosed, locked, and secured accessory structure to an occupied and inhabited dwelling unit located in the rear yard or side yard of the same lot where there is (a) no visual or minimal olfactory evidence of cultivation detectable from the public right-of-way or from adjoining properties, (b) the structure is placed at least five feet from the rear yard and side yard property lines, and (c) the structure is no more than 10 feet tall.
B.
The drying and processing of cannabis for personal use shall only occur in a fully enclosed structure and shall not be visible from a public place, including a public right-of-way.
C.
Persons cultivating cannabis in a residence shall comply with all applicable building code requirements set forth in the Benicia Municipal Code, there shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation, and the cannabis cultivation shall comply with Health and Safety Code Section 11362.2(a)(3) as it may be amended.
(Ord. 18-04 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2)
§ 17.84.040 Cannabis businesses – Use permit and license required to operate.
It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon property located within the city the operation of a cannabis business unless that person has first obtained and continues to maintain in full force and effect a valid use permit for commercial cannabis activity issued by the city for that property and a valid cannabis public safety license issued by the city to the owner and/or operator of the cannabis business, pursuant to Chapter 9.60 BMC.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2)
§ 17.84.050 Cannabis businesses – General provisions.
A.
Cannabis Businesses Allowed.
1.
Only those types of cannabis businesses set forth in this section shall be allowed within the city. Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited.
a.
Cannabis storefront retailer ("storefront retailer").
b.
Cannabis manufacturing operation ("manufacturer").
c.
Cannabis testing laboratory ("testing labs").
d.
Cannabis distributor ("distributor").
e.
Cannabis cultivation operation ("cultivator").
f.
Cannabis microbusiness ("microbusiness").
g.
Cannabis delivery-only operations ("delivery").
2.
No more than one cannabis storefront retailer is permitted in the city.
3.
An owner or operator of a cannabis business may own or operate more than one cannabis business within the city.
4.
An owner or operator of a cannabis business may own or operate more than one cannabis business on a property or location, subject to compliance with the independent standards and requirements of each cannabis business type.
5.
All commercial cannabis operations, or stages thereof, shall occur within a single fully enclosed permanent structure.
C.
Transfer of and Amendments to Use Permits for Cannabis Businesses.
1.
Transfer of Permit – Site Specific. A permittee shall not operate a cannabis business under the authority of a use permit for a commercial cannabis business at any property or location other than the address of the cannabis business stated in the application for the permit. All permits issued by the city pursuant to this chapter shall be nontransferable to a different location.
2.
Modification of an Existing Permitted Commercial Cannabis Business. A permittee may seek a use permit amendment to modify the permitted cannabis business (e.g., change from manufacturing to microbusiness) or add an additional cannabis business on the same property or location, within the same floor area, and under the same ownership as an existing permitted cannabis business. Such modified additional cannabis business shall comply with the applicable standards of this chapter and may be approved or denied pursuant to the provisions of BMC § 17.84.060. An existing permitted commercial cannabis business shall not be modified to authorize storefront retail operations as an additional cannabis business on the same location or property.
3.
Transfer of a Permitted Commercial Cannabis Business. A permittee shall not transfer ownership or control of a cannabis business or attempt to transfer a use permit for a commercial cannabis business to another person, owner or operator unless and until the transferee obtains a duly issued public safety license and a use permit confirming adherence to all established requirements of this chapter and any applicable conditions of approval. Such a use permit may be obtained only if the transferee files an application with the development services department in accordance with all provisions of this chapter accompanied by the required transfer review application fee.
4.
Request for Amendment or Transfer with a Revocation or Suspension Pending. No use permit for a commercial cannabis business may be amended or transferred (and no permission for a transfer may be issued) when the development services department has notified the permittee in writing that the permit has been or may be suspended or revoked for noncompliance with this chapter.
5.
Transfer or Amendment Without Permission. Any attempt to transfer a use permit for commercial cannabis business either directly or indirectly in violation of this chapter is declared void, and the permit shall be deemed revoked.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 2; Ord. 25-09 § 3)
§ 17.84.060 Use permit for commercial cannabis activities – Requirements.
A.
Except as set forth in this chapter, use permits for commercial cannabis activities shall be processed in accordance with Chapter 17.104 BMC (Use Permits and Variances). The city council shall establish any necessary use permit procedures, by resolution, specific to commercial cannabis activities.
B.
Use Permits for Retail. Because only one storefront cannabis retailer is permitted, an application period for this business shall be established to allow the selection of the best applicants. The competitive process for selection of the best applicants to be placed on the qualified registration list shall be established by resolution of the city council.
C.
Use permit for applications for cannabis retailers shall include a statement as to whether the use will include delivery of cannabis and cannabis products to locations outside the cannabis retail facility. If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this chapter and state law.
D.
The development services director shall review and approve or deny all complete use permit applications for commercial cannabis activities or amendments to or transfer of use permits by utilizing the criteria for approval or denial set forth in this chapter and by separate resolution of the city council, except in the following instances where the use shall be reviewed and approved or denied by the planning commission:
1.
A use permit for a storefront retail commercial cannabis business.
2.
A use permit for any commercial cannabis business that also requires approval of a use permit for hazardous materials pursuant to BMC § 17.70.260.
3.
A use permit or amendment to use permit that the development services director refers to the planning commission pursuant to BMC § 17.104.020.
The decision-making body shall only approve as many use permits for cannabis applications as permitted by BMC § 17.84.050(A). After reviewing an application, the decision-making body shall determine whether to approve the use permit for commercial cannabis activities with conditions, or to deny the use permit for commercial cannabis activities.
E.
Imposition of Permit Fees. Every application for a use permit for commercial cannabis activities shall be accompanied by an application fee (in an amount established by resolution of the city council). The application fee shall be in addition to any other fees or costs, such as business license fees, permit fees, fingerprinting, photographing or background check, as may be imposed by the city or other governmental agencies.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 3; Ord. 25-09 § 4)
§ 17.84.070 Criteria to review, issuance and/or denial of use permit for commercial cannabis activities.
A.
Criteria for Issuance. In addition to the findings required by Chapter 17.104 BMC, the decision-making body shall make all of the following findings in determining whether to grant, modify, or deny a use permit for any cannabis business:
1.
As related to a storefront retail cannabis business only, the cannabis business applicant has been placed on the cannabis qualified registration list.
2.
The use permit for cannabis application is complete and the applicant has submitted all information and materials required.
3.
The proposed location of the cannabis business is not likely to have an adverse effect on the health, peace, or safety of persons due to the cannabis business's proposed proximity to a school.
4.
The proposed location of the cannabis business is not likely to have an adverse effect on the health, peace, or safety of persons due to the cannabis business's proposed proximity to another permitted cannabis business.
5.
The design of the storefront or structure within which the cannabis business will operate is architecturally compatible with surrounding storefronts and structures in terms of materials, color, windows, lighting, sound, and overall design.
6.
As related to a storefront retail cannabis business only, the proposed size of the cannabis business is appropriate to meet the needs of the local Benicia community for access to cannabis and that the size complies with all requirements of the city's zoning regulations.
7.
The location is not prohibited under the provisions of this chapter or any local or state law, statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and that compliance with other applicable requirements of the city's zoning regulations will be accomplished.
8.
The cannabis business is not likely to have an adverse effect on the health, peace, or safety of persons living or working in the surrounding area, overly burden a specific neighborhood, or contribute to a public nuisance, and will generally not result in repeated nuisance activities including disturbances of the peace, illegal drug activity, cannabis use in public, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises (especially late at night or early in the morning hours), lewd conduct, or police detentions or arrests.
9.
The cannabis business is not likely to violate any provision of the BMC or conditions imposed by a city-issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws.
10.
The applicant has not made a false statement of material fact or omitted a material fact in the application for a use permit for a commercial cannabis business, as known at the time of determination on the application.
11.
The cannabis business's site plan has incorporated features necessary to assist in reducing potential nuisance and crime-related problems. These features may include, but are not limited to, procedures for allowing entry; reduction of opportunities for congregating and obstructing public ways and neighboring property; and limiting furnishings and features that encourage loitering and nuisance behavior.
B.
Supplemental Findings – Cannabis Manufacturing Operation. In addition to the findings required for the approval of a use permit for a commercial cannabis business as set forth in subsection (A) of this section, the decision-making body shall consider the following supplemental findings in determining whether to grant, modify, or deny a use permit for a commercial cannabis business for a manufacturer:
1.
The manufacturing operation, as proposed, may utilize nonvolatile or volatile solvents for purposes of extracting cannabinoids. Extractions using a volatile solvent, including butane, must be conducted in a professional, closed-loop extraction system. All extraction processes used shall comply with the Benicia Municipal Code (BMC) including the fire and life safety code and with state cannabis laws and be recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.
2.
The manufacturing operation includes adequate quality control measures to ensure any cannabis product manufactured at the site meets industry standards.
3.
The manufacturing operation does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gases, liquids, odors or substances.
C.
Supplemental Findings – Cannabis Testing Laboratory. In addition to the findings required for the approval of a use permit for a commercial cannabis business as set forth in subsection (A) of this section, the decision-making body shall consider the following supplemental findings in determining whether to grant, modify, or deny a use permit for a commercial cannabis business for a testing lab:
1.
The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.
2.
The testing lab is accredited by an appropriate accrediting agency as approved by the state and further described in California Code of Regulations, Title 16, Section 5702 and as it may be amended.
3.
The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to the uniform testing standards as identified by the California Department of Cannabis Control.
D.
Criteria for Denial. The decision-making body shall deny an application for a use permit for a commercial cannabis business if any one of the following criteria are met:
1.
Any supervisor, employee, or person having a 10 percent or more financial interest in the cannabis business has been convicted of a felony or a drug-related misdemeanor reclassified by California Penal Code Section 1170.18 (Proposition 47) within the past 10 years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere;
2.
Any person who is listed on the application or is an owner or operator, is a licensed physician making patient recommendations for medical cannabis pursuant to Health and Safety Code Section 11362.7;
3.
Any person who is listed on the application or is an owner or operator is less than 21 years of age;
4.
The proposed cannabis business does not comply with the provisions of this chapter or state cannabis laws; and
5.
The decision-making body is unable to make a required finding contained in this chapter.
E.
Determination. If the decision-making body denies the application, the reasons for the denial of the application shall be specified in writing and the applicant shall be notified that the decision will become final unless the applicant seeks an appeal pursuant to BMC § 17.84.080.
(Ord. 18-03 § 1; Ord. 18-08 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 4)
§ 17.84.080 Appeal of determination.
An applicant or any interested party who disagrees with the decision-making body's decision to approve, approve with conditions, or to deny, suspend, or revoke a use permit for a commercial cannabis business may appeal the decision in accordance with the appeal provisions of Chapter 1.44 BMC.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 5)
§ 17.84.090 Suspension and revocation.
A.
Authority to Suspend or Revoke a Use Permit for Cannabis. Any permit issued under the terms of this chapter may be suspended or revoked by the decision-making body that issued the permit under the provisions of BMC § 17.128.060.
B.
In addition to the required findings set forth in BMC § 17.128.060(D), a use permit for a commercial cannabis business may be suspended or revoked if it appears to the decision-making body that the cannabis business has violated any of the requirements of this chapter, the cannabis business is being operated in a manner which violates the operational requirements or security plan required by the zoning code, the cannabis business is being operated in a manner which constitutes a nuisance, the cannabis business has ceased to operate for 30 days or more, or the cannabis business is being operated in a manner which conflicts with or violates state cannabis law.
C.
Any use permit for a commercial cannabis business revoked pursuant to this section shall be deemed to be expired and shall no longer entitle the permittee to any uses authorized by the use permit.
D.
Revocation, expiration or nullification of a cannabis public safety license pursuant to BMC § 9.60.060 and § 9.60.070 shall automatically terminate the use permit for a commercial cannabis business issued to the licensee and shall terminate the ability of the licensee to operate a cannabis business without initiation of revocation proceedings by the decision-making body. Suspension of a cannabis public safety license pursuant to BMC § 9.60.070 shall automatically result in suspension of the associated use permit for the commercial cannabis business unless and until the public safety license has been reinstated.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 6)
§ 17.84.100 Cannabis businesses – Conditions of operation.
A.
All Cannabis Businesses. All cannabis businesses shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements:
1.
State Licensing. A cannabis business shall at all times maintain a state cannabis license for the permitted commercial cannabis business, and shall comply with all applicable state licensing requirements, regulations, conditions, and standards. The failure to maintain a state license, revocation of a state cannabis license, or lapse in renewal of a state cannabis license shall be the basis for immediate termination of the right to operate a cannabis business under a city use permit for commercial cannabis business.
2.
Cannabis Public Safety License. A cannabis business shall maintain a cannabis public safety license, issued under Chapter 9.60 BMC, at all times. Failure to maintain a cannabis public safety license, revocation of a cannabis public safety license, or lapse in renewal of a cannabis public safety license shall be the basis for immediate termination of the right to operate a cannabis business under a use permit for commercial cannabis business.
3.
Employees. It shall be unlawful for the applicant, owner, operator, or any other person effectively in charge of any cannabis business to employ any person who is not at least 21 years of age.
4.
Minors. Persons under the age of 21 years shall not be allowed on the property or location of a storefront retail cannabis business, unless they are a qualified medical patient or a person with a government-issued photo identification card as those phrases are defined by Health and Safety Code Sections 11362.79(c) and (f). Persons under the age of 18 years shall not be allowed on the property or location of a storefront retail cannabis business unless they are accompanied by a parent or legal guardian at all times. The entrance to cannabis business shall be clearly and legibly posted with a notice indicating that persons under the age of 18 are precluded from entering the property or location unless they are a qualified medical patient and they are in the presence of their parent or legal guardian.
5.
Every cannabis business shall display, at all times during its regular business hours, the use permit for the cannabis business and cannabis public safety license issued for such cannabis business in a conspicuous place so that the same may be readily seen by all persons entering the cannabis business.
6.
No cannabis business shall hold or maintain a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the property or location of the cannabis business, that sells alcoholic beverages, or otherwise allow alcoholic beverages to be possessed, distributed, or consumed on the property or location.
7.
No cannabis business shall be a retailer of tobacco products.
8.
A cannabis business shall be considered a commercial or industrial use, as the case may be, relative to the city's parking requirements in Chapter 17.74 BMC in an amount most similar to the uses contained in the parking requirements as determined by the development services director.
9.
Smoking, ingesting, or consuming cannabis on the property or location of a cannabis business shall be prohibited. A notice prohibiting smoking, ingesting and consuming cannabis shall be clearly and legibly posted in the cannabis business and shall not obstruct the entrance or windows. Sale of cannabis-related paraphernalia for use for consumption at a cannabis business property or location shall be prohibited.
10.
Operation of a cannabis business shall not result in illegal redistribution or sale of cannabis obtained, or the use or distribution in any manner which violates state cannabis law or this chapter.
11.
Odors. All cannabis businesses shall be sited and/or operated in a manner that prevents cannabis odors from being detected from other locations, including from adjacent properties and from adjacent public rights-of-way. All structures utilized for commercial cannabis businesses shall be equipped and/or maintained with sufficient ventilation controls (e.g., carbon scrubbers) to eliminate nuisance odor emissions from being detected from other locations, adjacent properties and from adjacent public rights-of-way.
12.
Site Plan.
a.
The site plan shall include a lobby waiting area at the entrance to the cannabis business used to receive and screen customers (if applicable), employees, patrons, and guests of the cannabis business and a separate and secure designated area for dispensing cannabis (if applicable) and conducting other operations of the cannabis business.
b.
The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from adjacent public rights-of-way or site driveways.
c.
Commercial cannabis businesses shall provide a secure indoor loading area to ensure that loading activities are not visible from adjacent public rights-of-way, and to ensure that product transfers occur in a secure environment.
13.
Cannabis businesses shall not be enlarged in size (i.e., increased floor area) without the decision-making body's prior review and approval and an approved amendment to the existing use permit for cannabis applied for and issued pursuant to the requirements of this chapter.
14.
Security. The cannabis business shall at all times comply with all elements of its security plan, submitted as a part of its cannabis public safety license application pursuant to BMC § 9.60.040.
15.
Signage. The cannabis business shall comply with all applicable provisions of BMC Title 18.
16.
Additional Conditions. The decision-making body may impose additional conditions which it deems necessary to ensure that operation of the cannabis business will be in accordance with the standards and regulations provided in the zoning code, the standards set forth by separate resolution of the city council, and applicable state and local laws.
B.
Supplemental Conditions – Storefront Retailers. In addition to the conditions of operation set forth in subsection (A) of this section, a cannabis storefront retail operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1.
Storefront retailers shall not sell drug paraphernalia and implements that may be used to smoke, ingest or consume cannabis except where such sales and operations comply with Health and Safety Code Section 11364.5.
2.
Storefront retailers shall not be enlarged in size (i.e., increased floor area) without the planning commission's prior review and approval and an approved amendment to the existing use permit for cannabis applied for and issued pursuant to the requirements of this chapter.
3.
Storefront retailers that sell medicinal cannabis or medicinal cannabis products shall only sell, deliver, or give away medicinal cannabis or medicinal cannabis products to individuals authorized to receive medicinal cannabis or medicinal cannabis products in accordance with state cannabis laws. Retailers of medicinal cannabis or medicinal cannabis products shall require such persons receiving medicinal cannabis or medicinal cannabis products to provide a valid government-issued photo identification, such as a Department of Motor Vehicles driver's license or state identification card, each time he or she seeks to purchase medicinal cannabis or medicinal cannabis products.
4.
Hours of Operation. Storefront retailers may only operate during the hours between 10:00 a.m. through 8:00 p.m. The planning commission may further restrict a storefront retailer's days and hours of operation as a condition of a use permit for cannabis. A storefront retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city's sign regulations set forth in BMC Title 18.
5.
Storefront retailers shall not have a physician on site to evaluate patients and/or provide recommendations for the use of medical cannabis.
6.
State Seller's Permit. Storefront retailers shall, at all times during operation, maintain a valid seller's permit required pursuant to California Revenue and Taxation Code Division 2, Part 1 (commencing with Section 6001).
7.
A cannabis storefront retail operation that delivers cannabis and/or cannabis products shall also be operated, maintained, and managed in compliance with the supplemental conditions set forth in subsections (F)(1) through (7) of this section.
C.
Supplemental Conditions – Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis manufacturing operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1.
Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products and shall not be open to the members of the general public.
2.
Manufacturers may use extraction processes that employ nonvolatile or volatile solvents. Extractions using a volatile solvent, including butane, must be conducted in a professional, closed-loop extraction system. All extraction processes used shall comply with the BMC including the fire and life safety code and with state cannabis laws and be recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.
3.
Standard of Equipment. Manufacturing, processing and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city's building official and fire code official.
4.
Food Handler Certification. All owners, employees, volunteers or other individuals that participate in the production of edible cannabis products shall be state certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the property where that individual participates in the production of edible cannabis products.
5.
Edible Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture cannabis products. Permit holders shall comply with Health and Safety Code Section 13700 et seq. and county health permit requirements.
D.
Supplemental Conditions – Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1.
Cultivators shall not engage in on-site retail sales of cannabis or cannabis products and shall not be open to members of the general public.
2.
Outdoor Commercial Cultivation Prohibited. The cultivation of cannabis for commercial purposes may only be done within a fully enclosed space.
3.
Size of Cultivation Business Canopy. The cultivation of cannabis for commercial purposes shall be limited to the total canopy size per property permitted by state law including without limitation California Business and Profession Code Section 26061, as it currently exists or may hereinafter be amended.
4.
Pesticides. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).
5.
Screening. Cannabis plants shall not be easily visible from other locations, including adjacent property and the public right-of-way.
6.
Operational Permit. The cultivation of cannabis may not be conducted without an indoor growing operational permit issued pursuant to BMC § 8.28.050.
E.
Supplemental Conditions – Microbusinesses.
1.
Retail sales. A microbusiness that engages in retail sales of cannabis and/or cannabis products shall sell cannabis and/or cannabis products to customers exclusively through delivery. The premises of a microbusiness shall not be open to the public.
2.
Delivery. If the microbusiness delivers cannabis and/or cannabis products, the microbusiness shall be operated, maintained, and managed in compliance with the supplemental conditions set forth in subsections (F)(1) through (7) of this section.
3.
Paraphernalia. Microbusinesses shall not sell drug paraphernalia and implements that may be used to smoke, ingest or consume cannabis except where such sales and operations comply with Health and Safety Code Section 11364.5, including for commercial distribution businesses.
4.
Authorized Individuals Only. Microbusinesses that sell medicinal cannabis or medicinal cannabis products shall only sell, deliver, or give away medicinal cannabis or medicinal cannabis products to individuals authorized to receive medicinal cannabis or medicinal cannabis products in accordance with state cannabis laws. Retailers of medicinal cannabis or medicinal cannabis products shall require such persons receiving medicinal cannabis or medicinal cannabis products to provide valid government-issued official photo identification, such as a Department of Motor Vehicles driver's license or state identification card, each time he or she seeks to purchase medicinal cannabis or medicinal cannabis products.
5.
Hours of Operation. The decision-making body may restrict a microbusiness's days and hours of operation as a condition of a use permit for cannabis. Microbusinesses shall post their approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city's sign regulations set forth in BMC Title 18.
6.
No On-Site Physician. Microbusinesses shall not have a physician on site to evaluate patients and/or provide recommendations for the use of medical cannabis.
7.
State Seller's Permit. Microbusinesses shall, at all times during operation, maintain a valid seller's permit required pursuant to California Revenue and Taxation Code Division 2, Part 1 (commencing with Section 6001).
8.
Extraction Processes. Microbusinesses may use extraction processes that employ nonvolatile or volatile solvents. Extractions using a volatile solvent, including butane, must be conducted in a professional, closed-loop extraction system. All extraction processes used shall comply with the BMC including the fire and life safety code and with state cannabis laws and be recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.
9.
Standard of Equipment. Manufacturing, processing and analytical testing devices used by microbusinesses must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city's building code official and fire code official.
10.
Food Handler Certification. All owners, employees, volunteers or other individuals that participate in the production of edible cannabis products shall be state certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the property where that individual participates in the production of edible cannabis products.
11.
Edible Product Manufacturing. Microbusinesses that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture cannabis products. Permittees shall comply with Health and Safety Code Section 13700 et seq., and county health permit requirements.
12.
Outdoor Commercial Cultivation Prohibited. The cultivation of cannabis for commercial purposes may only be done within a fully enclosed space.
13.
Size of Cultivation Business Canopy. The cultivation of cannabis for commercial purposes shall be limited to the total canopy size per property permitted by state law including without limitation California Business and Professions Code Section 26061 as it currently exists or may hereinafter be amended.
14.
Pesticides. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).
15.
Screening. Cannabis plants shall not be easily visible from adjacent properties and public right-of-way.
16.
Operational Permit. The cultivation of cannabis may not be conducted without an indoor growing operational permit issued pursuant to BMC § 8.28.050.
F.
Supplemental Conditions – Delivery-Only Operations. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis delivery-only operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:
1.
Delivery of cannabis, whether from a facility located within or outside of Benicia, requires compliance with Chapter 9.60 BMC including obtaining the public safety license.
2.
Any person who delivers cannabis shall have in possession a copy of all licenses and permits required by the state of California and the city.
3.
A licensed cannabis business which is authorized to conduct deliveries in Benicia shall provide to the chief of police a list of all vehicles to be used for delivery of cannabis and cannabis products, including the vehicle's make, model, year, license plate number and vehicle identification number. The cannabis business shall update the list prior to any vehicle being added to or removed from service.
4.
Payments may be made via credit card, check, other means of cashless payment, or by cash. Customers must be provided the option of making payments by noncash payments. Delivery drivers shall not carry more than a combined total of $5,000 in cash and/or cannabis or cannabis products at any one time while delivering cannabis and/or cannabis products under this chapter.
5.
Delivery vehicles shall not be marked or otherwise identified with advertisements, the name of the cannabis business, or any other distinctive marking associated with cannabis.
6.
Delivery of cannabis shall be made directly to the residence or business address of the designated recipient. Deliveries to any other location are prohibited.
7.
Deliveries of cannabis shall only occur only between the hours of 8:00 a.m. and 8:00 p.m.
8.
Delivery-only operations shall sell cannabis and cannabis products to customers exclusively through delivery. A delivery-only operation must have physical premises to store the cannabis goods for delivery. The premises of a delivery-only operation shall not be open to the public.
G.
Maintenance, Access to, and Inspection of Records.
1.
Every cannabis business shall maintain on site, at the property designated for the operation of the cannabis business, all records of the cannabis business.
2.
Financial Records. The cannabis business shall maintain a written accounting record or ledger of all cash, receipts, credit card transactions, reimbursements (including any in-kind contributions), and any and all reasonable compensation for services provided by the cannabis business, as well as records of all operational expenditures and costs incurred by the cannabis business in accordance with generally accepted accounting practices and standards typically applicable to business records.
3.
Record Retention Period. The records required in this subsection shall be maintained by the cannabis business for a period of five years and shall be made available to the city within 24 hours of written request, subject to the authority set forth in subsection (G)(4) of this section.
4.
A duly designated city police department or finance department representative may enter and shall be allowed to inspect the premises of every cannabis business as well as the financial and membership records of the cannabis business required by this chapter at any time during the cannabis business's designated business hours, or at any appropriate time to ensure compliance and enforcement of the provisions of this chapter. It shall be unlawful for any owner, operator, or any other person having any responsibility over the operation of the cannabis business to refuse to allow, impede, obstruct or interfere with an inspection of the cannabis business or the required records thereof.
(Ord. 18-03 § 1; Ord. 18-08 §§ 2, 3; Ord. 18-09 § 1; Ord. 18-10 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 7; Ord. 25-09 § 4)
§ 17.84.110 Business license tax liability.
An operator of a cannabis business shall be required to apply for and obtain a business tax certificate pursuant to Chapter 5.04 BMC as a prerequisite to obtaining a use permit for commercial cannabis business pursuant to the terms of this chapter. Cannabis businesses shall be subject to sales tax, excise tax and other applicable taxes in a manner required by state law.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 8)
§ 17.84.120 Annual review of cannabis businesses.
The development services department is hereby authorized, at the discretion of the development services director, to conduct an annual review of the operation of each permitted use permit for a commercial cannabis business within the city for full compliance with the operational, recordkeeping, nuisance and other requirements of this chapter. A fee in an amount established by resolution of the city council shall be collected in order to reimburse the city for the time involved in the annual review process. The staff may initiate a permit suspension or revocation process for any cannabis business which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis business, seek suspension or revocation of the use permit as provided in BMC § 17.84.090.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2; Ord. 23-01 § 9; Ord. 25-09 §§ 3, 4)
§ 17.84.130 No vested rights.
No person(s) shall have any vested rights to any permit, right or interest under this chapter, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this chapter.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2)
§ 17.84.140 Public nuisance.
Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.
(Ord. 18-03 § 1; Ord. 19-09 § 1; Ord. 19-11 § 2)
§ 17.86.010 Specific purposes.
This chapter establishes regulations and standards for wind energy conversion systems. The intent is to allow such uses within the city as long as certain standards for design, construction, and performance are met.
(Ord. 87-4 N.S., 1987)
§ 17.86.020 Definitions.
In this chapter, unless the context otherwise requires, the following words shall have the meanings set out in this section:
A.
"Dominant wind direction"
means the direction from which 80 percent of the energy contained in the wind flows.
B.
"Overspeed control"
means a mechanism used to limit the speed of blade rotation to below the design limits of the WECS.
C.
"Swept area"
means the largest area of the WECS which extracts energy from the wind system.
D.
"Total height"
means the height of the tower and the farthest vertical extension of the WECS.
E.
"Wind energy conversion systems (WECS)"
is a device designed or used for the purpose of converting wind energy into electrical or mechanical power.
(Ord. 87-4 N.S., 1987)
§ 17.86.030 Use permit required.
The installation of a wind energy conversion system requires a use permit in every zoning district.
A.
IG General Industrial, IL Limited Industrial and IW Waterfront Industrial Districts.
1.
In an IG, IL or IW district, the development services director may issue the use permit or may refer the proposal to the planning commission for a decision.
2.
Before the development services director issues a use permit, he shall give notice of the proposed WECS application in the manner provided by Chapter 17.104 BMC and BMC § 17.86.050. If one or more written objection is received, the development services director shall refer the proposal to the planning commission for a public hearing and a decision.
B.
Other Districts. In all other zoning districts, the planning commission shall act upon the use permit for a WECS.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.86.040 Application requirements.
An application for a use permit shall be made in writing to the development services director on a form provided by the development services department and shall include the following information:
A.
Name and address of applicant, and permission of the owner if the applicant is not the owner;
B.
A plot plan and development plan drawn in sufficient detail to clearly describe:
1.
Property line and physical dimensions of the proposed site,
2.
Location, dimensions, descriptions of types, and height of every structure within 150 feet of the WECS tower,
3.
Location of the proposed WECS,
4.
Location of all above-ground utility lines on-site or within a distance equal to one radius of the total height of the WECS, including the farthest vertical extension of the rotor assembly,
5.
Location of each tree that may potentially grow taller than 35 feet during the lifetime of the WECS within a 150-foot radius of the proposed WECS,
6.
The location of all transmission facilities proposed for installation, and
7.
The location of all road and other service structures proposed as part of the installation.
(Ord. 87-4 N.S., 1987; Ord. 25-09 §§ 3, 4)
§ 17.86.050 Additional notice required.
In addition to the notice required by Chapter 17.104 BMC, notice of the time and place of the hearing shall be mailed to property owners, as shown on the last equalized assessment roll, who own property within 1,000 feet of the exterior boundaries of the property that is the subject of the application.
(Ord. 87-4 N.S., 1987)
§ 17.86.060 Public hearing – When required.
Unless the use permit is granted by the development services director as provided in BMC § 17.86.030, a public hearing shall be held on the application.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.86.070 Design and construction standards.
The WECS shall conform with the following construction standards:
A.
Compliance with Uniform Building Code.
1.
The building permit application shall be accompanied by standard drawings of the structural components of the WECS and support structures, including base and footings. The application also shall include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Uniform Building Code. Drawings and engineering calculations shall be certified in writing by a California-registered structural engineer.
2.
All equipment and materials shall be used or installed in accord with the approved drawings.
3.
A soils report shall be submitted on the site of each WECS proposal, and the WECS structure shall be designed for 100-mile-per-hour wind conditions.
B.
Compliance with National Electrical Code. The building permit application shall be accompanied by a drawing identifying the location of the metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to the National Electrical Code. The application shall include a statement from a California-registered electrical engineer certifying that the electrical system conforms with good engineering practices and complies with the National Electrical Code. All equipment and materials shall be used or installed in accord with the drawings and diagrams.
C.
Rotor Safety. A WECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California-registered mechanical engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accord with good engineering practices. The engineer shall certify the compatibility of possible towers and available rotors.
D.
Tower Access. Tower-climbing apparatus shall be no higher than 12 feet from the ground. A six-foot-high safety fence, with locked gate, completely enclosing the base of the tower in such a manner as to prevent unauthorized access to the structure may be required by the development services director or the planning commission, as the case may be.
E.
Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The generator, alternator, or service entrance shall be posted with the following information:
1.
Maximum power output (kw), rated voltage (volts) and current;
2.
Normal and emergency shutdown procedures;
3.
The maximum wind speed the WECS in automatic, unattended operation can sustain without damage to structural components or loss of the ability to function normally; and
4.
Emergency telephone numbers.
F.
Size. This chapter authorizes a WECS whose swept area is 500 square feet or less. For conventional propeller WECS, the diameter of blade configuration shall not be greater than 23 feet, unless the planning commission finds that the applicant's needs on the site justify a WECS having a greater capacity.
G.
Height. The maximum allowed total height is 100 feet. The lowest reach of the propeller blade shall be 40 feet from the ground unless, due to unusual circumstances, the planning commission permits a lower reach. In no case may the rotor be less than 15 feet from the ground.
H.
Setbacks. The WECS shall meet all side- and front-yard setbacks for the site as prescribed by the applicable zoning regulations.
I.
Undergrounding Electrical Lines. Electrical lines serving the WECS shall be installed underground.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.86.080 Minimum performance standards.
The WECS, as constructed and operated, shall comply with the following minimum performance standards:
A.
It shall not raise the noise level above 55 decibels within 300 feet of the tower;
B.
No interference with radio or television broadcasting or reception may be caused; and
C.
Maintenance and inspection records shall be maintained on the site and shall be made available for inspection by the building official on request.
(Ord. 87-4 N.S., 1987)
§ 17.86.090 Abatement.
A WECS that has not produced energy for 90 calendar days for reasons other than lack of wind may be declared abandoned, and the use permit may be revoked after notice to the property owner and tenant and after a hearing before the planning commission.
(Ord. 87-4 N.S., 1987)
§ 17.86.100 WECS for common use.
Contiguous property owners may construct a WECS for use in common, subject to this chapter. In such cases, the planning commission may permit a WECS machine to have a diameter blade configuration greater than 23 feet.
(Ord. 87-4 N.S., 1987)
§ 17.86.110 Appeals.
A decision on a use permit by the development services director or planning commission shall become final on the tenth business day following action, unless appealed in accordance with Chapter 1.44 BMC.
(Ord. 87-4 N.S., 1987; Ord. 07-62 § 1; Ord. 25-09 § 4)
§ 17.90.010 Chapter purpose.
This chapter contains provisions to implement state housing laws and facilitate housing production in Benicia consistent with the city's general plan. (Ord 25-12 § 3).
§ 17.90.020 Accessory dwelling units and junior accessory dwelling units.
A.
Purpose. This section is intended to achieve the goals of the city's housing element and of the California Government Code by permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), thereby increasing housing opportunities for the community through use of existing housing resources and infrastructure.
B.
Where Allowed.
1.
An ADU is permitted:
a.
In any district where single-family or multifamily dwellings are a permitted use; and
b.
On any lot with an existing or proposed single-family or multifamily dwelling.
2.
A JADU is permitted:
a.
In any district where single-family dwellings are a permitted use; and
b.
On a lot with an existing or proposed single-family dwelling.
C.
Permitting Process.
1.
When Consistent With Standards.
a.
An ADU or JADU that complies with applicable standards in this section shall be approved ministerially upon issuance of a building permit. No other permit, discretionary review, or public hearing is required.
b.
The city shall determine whether an application to create an ADU or JADU is complete and provide written notice of this determination to the applicant not later than 15 working days after receiving the application.
c.
If the city determines an application is incomplete, the city shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subsection (C)(1)(b) of this section.
d.
After receiving a notice that the application was incomplete, an applicant may submit to the city additional application materials to cure and address the items that are deemed to be incomplete by the city.
e.
In the review of additional application materials submitted pursuant to subsection (C)(1)(d) of this section, the city shall not require the application to include an item that was not included in the list required by subsection (C)(1)(b) of this section.
f.
If an applicant submits additional application materials pursuant to subsection (C)(1)(d) of this section, the city shall determine whether the additional materials remedied all incomplete items listed in the determination issued pursuant to subsection (C)(1)(b) of this section. The city shall provide written notice of this determination to the applicant not later than 15 working days after receiving the additional materials.
g.
If the city does not make a timely determination as required by this subsection, the application shall be deemed to be complete.
h.
If an existing single-family or multifamily dwelling exists on the lot upon which an ADU or JADU is proposed, the city shall approve or deny the application to create the ADU or JADU within 60 days from the date the city receives a completed application. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay.
i.
If the city denies the application for an ADU or JADU, the city shall provide written comments to the applicant that list the items that are defective or deficient and describe how the application can be remedied by the applicant. Written comments shall be provided to the applicant not later than 15 working days after the city denies the application.
j.
If the city determines an application is incomplete under subsection (C)(1)(b) of this section or denies the application under subsection (C)(1)(i) of this section, the applicant may appeal the decision to the planning commission. The applicant may appeal the planning commission decision to the city council. The city shall make a final decision on the appeal not later than 60 working days after receiving the applicant's written appeal.
2.
When Deviating from Standards.
a.
A proposed ADU that deviates from the standards in subsection (J) of this section, Objective Design Standards, shall be reviewed and may be approved or denied subject to the design review procedures in Chapter 17.108 BMC, Design Review.
b.
A proposed ADU that deviates from standards in subsection (I) of this section, Development Standards, or any other applicable physical standard of this section, shall be reviewed and may be approved or denied subject to the variance procedures in Chapter 17.104 BMC, Use Permits and Variances.
3.
When Dependent on Separate Construction.
a.
When a proposed attached or detached ADU is dependent on the construction of a new building or new portion of a building that is not a part of the ADU ("separate construction"), the city shall either:
i.
Accept and begin processing the ADU application only after acting on an application for the proposed separate construction; or
ii.
Upon written request from the applicant, review and act on the ADU together with the separate construction as part of a single application. In this case, the ADU is subject to the same review procedures and requirements as the separate construction, which may include design review.
b.
New construction of a carriage unit shall not be considered dependent on separate construction if the footprint of the structure is the minimum size necessary to accommodate a garage up to 500 square feet and an interior stairwell provides direct access to the ADU in compliance with the requirements of the California Building Code.
4.
Unpermitted ADUs and JADUs. The following provisions apply to a building permit application for a previously unpermitted ADU or JADU that was constructed before January 1, 2020:
a.
The city shall not deny a building permit due to the ADU's or JADU's violation of building standards or its noncompliance with this section unless the building official or their designee deems the ADU or JADU substandard pursuant to Section 11720.3 of the Health and Safety Code.
b.
The city shall provide the applicant a checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem the ADU or JADU substandard.
c.
Prior to submission of a building permit application, the city shall inform the homeowner that they may obtain a confidential third-party code inspection from a licensed contractor to determine the ADU or JADU's existing condition or potential scope of building improvements before submitting a permit application.
d.
A homeowner applying for a building permit is not required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code.
e.
Upon receiving a building permit application, the building inspector may inspect the unit for compliance with health and safety standards and provide recommendations to comply with the standards necessary to obtain a building permit. If the building inspector finds noncompliance with health and safety standards, the city shall not penalize the applicant and shall approve necessary permits to correct noncompliance with health and safety standards.
D.
Junior Accessory Dwelling Units.
1.
Number. No more than one JADU is allowed per residential lot within an existing or proposed single-family dwelling.
2.
Separate Entrance. The JADU shall have a separate entrance from the primary dwelling unit.
3.
Sanitation Facilities.
a.
A JADU may include sanitation facilities or may share sanitation facilities with the existing structure.
b.
A JADU that shares sanitation facilities with the existing structure shall include an interior entry to the main living area of the existing structure.
4.
Kitchen. A JADU must include, at a minimum:
a.
A cooking facility with appliances; and
b.
At least three linear feet of food preparation counter space and three linear feet of cabinet space.
5.
Owner-Occupancy. If the JADU has shared sanitation facilities with the existing structure, one of the dwelling units on the site (either the primary unit or the JADU) shall be owner-occupied. Owner occupancy shall not be required if the JADU does not share sanitation facilities with the existing structure, or if the owner of the JADU is another governmental agency, land trust, or housing organization.
6.
Term of Rental. A rented JADU shall not be leased for any period less than 30 days.
7.
Deed Restriction. The JADU owner must record a deed restriction which shall run with the land and shall include both of the following:
a.
A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b.
A restriction on the size and attributes of the JADU that conforms with this section and Government Code Section 66333.
E.
Maximum Number Per Lot. Not more than one ADU is allowed per lot except as allowed by subsection (G) of this section, Units Subject to Limited Standards.
F.
Accessory Use. An ADU that conforms to this section:
1.
Is considered an accessory use or accessory structure;
2.
Is not considered to exceed the allowable density for the lot upon which it is located; and
3.
Is considered a residential use consistent with the general plan and zoning designation for the lot.
G.
Units Subject to Limited Standards. The city shall ministerially approve an application for a building permit within a residential or mixed-use district to create the following types of ADUs and JADUs, which may be combined as allowed by the site and lot conditions. For each type of ADU, the city shall require compliance only with the development standards in this subsection. Standards in subsections (I), Development Standards, and (J) of this section, Objective Design Standards, do not apply to these types of ADUs.
1.
Internal ADUs. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
a.
The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b.
The space has exterior access from the proposed or existing single-family dwelling.
c.
The side and rear setbacks are sufficient for fire and safety.
d.
The JADU complies with the requirements of California Government Code Section 66333 et seq.
2.
Detached ADUs. One detached, new construction, ADU for a lot with a proposed or existing single-family dwelling. The ADU must comply with the following:
a.
Maximum floor area: 800 square feet of livable space.
b.
Maximum Height.
i.
Sixteen feet for a detached ADU on a lot with an existing or proposed single-family unit.
ii.
Eighteen feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c.
Minimum rear and side setbacks: four feet.
3.
Nonlivable Multifamily Space. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:
a.
At least one ADU is allowed within an existing multifamily dwelling up to maximum of 25 percent of the existing multifamily dwelling units; and
b.
Each ADU shall comply with building code standards for dwellings.
4.
Detached ADUs on Multifamily Lots. ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling, are subject to the following:
a.
Maximum Number.
i.
On a lot with an existing multifamily dwelling, not more than eight detached ADUs. However, the number of ADUs allowable pursuant to this clause shall not exceed the number of existing units on the lot.
ii.
On a lot with a proposed multifamily dwelling, not more than two detached ADUs.
b.
Maximum Height.
i.
A height of 16 feet for a detached ADU on a lot with an existing or proposed multifamily dwelling unit.
ii.
A height of 18 feet on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
iii.
A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.
c.
Setbacks.
i.
Minimum rear and side setbacks: four feet.
ii.
If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an ADU that satisfies the requirements of this subsection.
H.
General Standards. An ADU shall comply with the following general standards:
1.
Rental and Sale.
a.
An ADU may be rented but shall not be sold or otherwise conveyed separately from the primary dwelling unless the provisions in California Government Code Section 66341.26(a) are met.
b.
The rented unit shall not be leased for any period less than 30 days.
2.
Primary and Accessory Designations. An existing primary dwelling unit may be designated as an ADU if:
a.
The existing primary dwelling unit complies with the standards in this section; and
b.
The new primary dwelling unit is built in compliance with applicable standards and requirements of this title that apply to primary dwellings.
3.
Nonconforming Conditions. The city shall not require, as a condition for approval of a permit application for an ADU or JADU, the correction of nonconforming zoning conditions or unpermitted structures that do not present a threat to public health and safety, as determined by the building official, and are not affected by the construction of the ADU or JADU.
I.
Development Standards. Except as provided in subsection (G) of this section, Units Subject to Limited Standards, an ADU shall comply with the following development standards:
1.
Floor Area. The floor area of an ADU shall not exceed the maximums shown in Table 17.90-1.
Table 17.90-1: Maximum Floor Area | |
|---|---|
ADU Type | Maximum ADU Floor Area |
Attached | |
One bedroom or less | 50 percent of the existing primary dwelling or 850 sq. ft. of interior livable space, whichever is greater |
More than one bedroom | 50 percent of the existing primary dwelling or 1,000 sq. ft. of interior livable space, whichever is greater |
Detached | 1,200 sq. ft. |
Internal | 50 percent of the existing primary dwelling |
Junior | 500 sq. ft. |
2.
Bulk Standards.
a.
An ADU shall conform to the applicable floor area ratio and site landscaping standards of the district in which it is located, except when otherwise allowed by subsection (I)(3) of this section, Guaranteed Allowance.
b.
An ADU is exempt from maximum lot coverage standards.
3.
Guaranteed Allowance. Maximum floor area, floor area ratio, minimum site area, minimum site area per unit, open space, and front yard standards shall not prohibit an ADU with at least an 800 square feet of interior livable space and four-foot side and rear yard setbacks, provided the ADU complies with all other applicable standards.
4.
Property Line Setbacks.
a.
All ADUs. Except as otherwise provided in this section, an ADU shall be set back from property lines as required by Table 17.90-2.
b.
Detached ADUs. Except as otherwise provided in this section, a detached ADU shall not occupy a required court or front yard, nor project beyond the front building line of the principal structure on the site. In an H overlay district (Chapter 17.54 BMC), the detached ADU shall not project beyond the street-facing building wall.
Table 17.90-2: Minimum Property Line Setbacks | ||||
|---|---|---|---|---|
Property Line | ADU Type | |||
Attached | Detached | Internal | Junior | |
Front | Same as primary dwelling [1] | None required | ||
Side | 4 ft. | 4 ft. | ||
Rear | 4 ft. | 4 ft. | ||
Note: |
|---|
[1] For detached ADUs, see alsosubsection (I)(4)(b) of this section (Detached ADUs). For detached accessory structures in an H overlay district, see also subsection (J)(6) of this section. |
5.
Building Separation. A minimum five-foot distance shall be maintained between a detached ADU and the primary building on the site. A detached accessory structure shall be set back from other structures on the site as required by the building code.
6.
Converting and Replacing Existing Structures.
a.
An internal ADU may be constructed regardless of whether it conforms to the current zoning requirement for building separation or setbacks.
b.
If an internal ADU is proposed to be constructed within an existing accessory structure, the city shall ministerially permit an expansion of the existing accessory structure by up to 150 square feet for the purpose of accommodating ingress and egress.
c.
If an existing structure is demolished and replaced with an ADU, an ADU may be constructed in the same location and to the same dimensions as the demolished structure.
7.
Height.
a.
H Overlay Districts. The height of an ADU in an H overlay district shall not exceed the maximums shown in Table 17.90-3.
Table 17.90-3: Maximum Height in H Overlay Districts | |
|---|---|
ADU Type | Maximum ADU Height [1] |
Attached | Same as required for primary dwelling |
Detached | |
Exterior building wall [2] | 14 ft. |
Roof peak (based on roof pitch) | |
Below 4:12 | 16 ft. [3] |
4:12 to less than 6:12 | 18 ft. [3] |
6:12 or greater | 20 ft. |
Internal | Not applicable |
Junior | Not applicable |
Notes: |
|---|
[1] For detached accessory structures in an H overlay district, see also subsection (J)(6) of this section. |
[2] Measured to the top plate. |
[3] A height of 18 feet is permitted on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and on a lot with an existing or proposed multifamily, multistory dwelling. An additional two feet in height is permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. In no case shall the height of a detached ADU in the H overlay district exceed 20 feet. |
b.
Outside H Overlay Districts. The roof peak of a detached ADU outside of an H overlay district shall not exceed the maximums shown in Table 17.90-4. The maximum allowed height for attached ADUs is the same as required for the primary dwelling. Height standards do not apply to internal and junior ADUs.
Table 17.90-4: Detached ADU Maximum Height Outside H Overlay Districts | |||
|---|---|---|---|
Maximum Roof Peak Height Based on Roof Pitch | Exterior Building Wall Distance from Rear or Side Property Line | ||
4 ft. to less than 5 ft. | 5 ft. to less than 7 ft. | 7 ft. or more | |
Below 4:12 | 16 ft. [1] | 18 ft. [1] | 20 ft. |
4:12 to less than 6:12 | 18 ft. [1] | 20 ft. | 22 ft. |
6:12 or greater | 20 ft. | 22 ft. | 24 ft. |
Note: |
|---|
[1] A height of 18 feet is permitted on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and on a lot with an existing or proposed multifamily, multistory dwelling. An additional two feet in height is permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. |
8.
Foundation. An ADU shall be constructed on a permanent foundation.
J.
Objective Design Standards. Except as provided in subsection (G) of this section, Units Subject to Limited Standards, an ADU shall comply with the following design standards:
1.
Second Story Decks and Balconies. Second story decks and balconies shall be set back a minimum of 10 feet from a side or rear property line adjoining a lot occupied by a single-family or two-family dwelling, except in cases where this standard would prohibit an ADU with at least 800 square feet of floor area and four-foot side and rear yard setbacks.
2.
Outdoor Stairs. Outdoor stairs providing access to a second story ADU shall adjoin an exterior wall that faces the interior of the lot, rather than an exterior wall nearest a side or rear property line, except in cases where this standard would prohibit an ADU with at least 800 square feet of floor area and four-foot side and rear yard setbacks.
3.
Dormers. The side wall of a dormer shall be set back a minimum of two feet from the parallel side wall below. The cumulative width of a dormer or dormers on any side of an ADU shall not occupy more than 66 percent of the building face below.
4.
Gables. If a gable roof or turned gable roof is present, the gable ridge shall be oriented in a direction parallel to the side property line in order to minimize shadow effects on the adjoining lot.
5.
Roof Pitch. The roof pitch for an ADU shall be 4:12 or greater. However, if the primary residence has a roof pitch shallower than 4:12, a similar pitch may be employed on the accessory dwelling.
6.
H Overlay District Standards. In an H overlay district, an ADU shall conform to the following additional requirements:
a.
Except as provided in subsection (I)(6) or (H)(3) of this section, a detached ADU shall be set back from the street-facing facade and/or front property line such that the entirety of the ADU is behind the rear wall of the principal structure on the lot.
b.
The elevation of the highest point of a detached accessory dwelling shall not exceed the elevation of the highest point of the primary dwelling, except that in all cases a detached ADU at least 16 feet in height, or as permitted by Government Code Section 66321(b)(4), is allowed.
c.
An attached ADU shall not result in a rooftop addition or any alteration to the existing roofline of a designated resource.
d.
An ADU shall not result in any increase in building height for a designated resource, except that in all cases an attached ADU at least 16 feet in height, or as permitted by Government Code Section 66321(b)(4), is allowed.
e.
An ADU shall not result in any exterior alteration to the street-facing facade nor the existing wall or facade of a designated resource where such wall or facade is parallel to a public street.
f.
A building addition to a designated resource to accommodate an attached ADU shall be inset or separated by a connector that is offset at least 18 inches from the parallel side or rear building wall to distinguish it from the primary dwelling. Such building addition shall not extend beyond the side wall of the primary dwelling.
g.
For an attached ADU, the exterior building and trim materials shall be wood or smooth fiber cement siding or shingles. However, if Portland cement plaster (stucco) is the predominant finish for the primary residence, then stucco may also be applied to the accessory dwelling. Synthetic stucco (e.g., EIFS or DryVit) and faux wood grains are prohibited.
h.
For a detached ADU, the following exterior building materials are prohibited: pressed board, vinyl, synthetic stucco and any composite or fiber cement material with a faux wood grain.
i.
The exterior walls of an ADU shall utilize the same base and trim colors as the primary residence.
j.
The roof shall utilize the same material and color as the primary residence and shall match the primary residence in overall appearance.
k.
Windows shall be taller than they are wide or shall match the proportions of the primary dwelling's windows. Windows in bathrooms, basements and crawlspaces, kitchens and laundry rooms may be horizontally oriented.
l.
Window pane divisions shall be true or simulated divided lites (i.e., individual panes set within muntins or muntins applied to both the interior and exterior of the glass).
m.
Window frames shall be painted or factory-finished. No metallic finishes such as silver or bronze anodized aluminum are permitted.
n.
For designated resources, vinyl windows are not permitted on an attached ADU.
K.
Parking.
1.
No additional off-street parking stalls are required for an ADU or JADU.
2.
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking stalls are not required for the demolished parking structure.
3.
If a detached garage is demolished and replaced with an ADU, the demolition permit for the detached garage shall be reviewed with the application for the ADU and issued at the same time. (Ord 25-12 §§ 3, 12).
§ 17.90.030 Affordable housing density bonus.
A.
Purpose.
1.
In accordance with California Government Code Section 65915 et seq., this section specifies how compliance with state density bonus law will be implemented.
2.
Specifically, the purpose of this section is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law.
3.
In enacting this section, it is also the intent of the city to implement the goals, objectives, and policies of the city's general plan.
B.
Definitions. The definitions found in "state density bonus law," Government Code Sections 65915 through 65918 or successor provisions, shall apply to the terms contained in this section. "Incentives" include "concessions" as defined in state density bonus law.
C.
Application Requirements.
1.
An applicant for a "housing development" as defined in state density bonus law shall be eligible for a density bonus and other regulatory benefits that are provided by state density bonus law when the applicant seeks and agrees to provide housing as specified in Government Code Sections 65915(b), (c), (f), (g), (h) and (v), or in Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with state density bonus law.
2.
The granting of a density bonus, incentive, or concession, pursuant to this section, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.
3.
All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the community development director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.
4.
The application shall include the required fee and the following minimum information:
a.
For a Requested Density Bonus.
i.
Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
ii.
Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.
iii.
Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.
iv.
A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
v.
The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
vi.
A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity's valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.
vii.
If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.
viii.
The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.
ix.
A density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.
b.
Requested Incentives. Incentives are those defined by state density bonus law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):
i.
The city's usual regulation and the requested regulatory incentive or concession.
ii.
Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
iii.
If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.
c.
Requested Waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel the city's required development standard and the requested development standard.
d.
Parking Reductions. If a housing development is eligible for a density bonus pursuant to state density bonus law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by subsections (C)(2) and (C)(3) of this section. The application shall include a table showing parking required by the zoning regulations, parking proposed under state density bonus law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.
e.
Density Bonus or Incentive for a Child Care Facility in a Housing Development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.
f.
Density Bonus or Incentive for a Condominium Conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
D.
Application Review Process.
1.
All requests under state density bonus law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development ("review authority"), within the timelines prescribed by Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Chapter 1.44 BMC (Appeals) shall include all requests under state density bonus law if appeals are authorized for the discretionary or ministerial permit applied for.
2.
The review authority shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a.
The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or
b.
The proposed incentive would be contrary to state or federal law; or
c.
The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.
3.
The review authority shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a.
The proposed waiver would be contrary to state or federal law; or
b.
The proposed waiver would have an adverse impact on any real property listed in the California Register of Historical Resources; or
c.
The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.
4.
If a child care center complies with the requirements of Government Code Section 65915(h), the review authority may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the city already has adequate child care facilities.
E.
Density Bonus Housing Agreement.
1.
If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this section, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the city, which sets forth the conditions and guidelines to be met in the implementation of state density bonus law and that ensures compliance with all of the provisions of this section. The agreement will also establish specific compliance standards and remedies available to the city upon failure by the applicant to comply with state density bonus law, this section, or the affordable housing agreement.
2.
For rental projects, the applicant shall enter into an affordable housing agreement with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the city attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in state density bonus law.
3.
For for-sale projects, the applicant shall enter into an affordable housing agreement with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, or their designee. The affordable housing agreement shall require that the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified nonprofit housing corporation as defined in state density bonus law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the city attorney. The city shall enforce an equity sharing agreement consistent with state density bonus law unless it is in conflict with the requirements of another public funding source or law. The affordable housing agreement shall require the continued affordability of the for-sale units for a minimum of 55 years from the recordation of each affordable housing agreement, as the case may be.
4.
Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.
5.
The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.
F.
Density Bonus Calculations.
1.
In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
2.
When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.
3.
Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.
4.
In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the city's inclusionary housing requirements in BMC § 17.90.050 (Inclusionary housing) and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of state density bonus law.
5.
The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by state density bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under state density bonus law.
6.
Nothing in this section requires the provision of direct financial incentives from the city for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.
G.
Development Standards.
1.
Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.
2.
Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development and shall meet the design and amenity standards set forth in BMC § 17.90.050(C)(5) (Design and Amenity Standards).
3.
To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.
H.
Density Bonus for Commercial Development. A commercial development may request and receive a development bonus pursuant to the provisions of Government Code Section 65915.7.
I.
Interpretation. If any portion of this section conflicts with state density bonus law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state density bonus law. Statutory references in this section include successor provisions. (Ord 25-12 §§ 3, 12).
§ 17.90.040 Manufactured homes.
A.
Purpose. Manufactured homes are part of the housing stock of the city of Benicia. It is the intent of the city to provide opportunities for the placement of manufactured homes as residential uses and in manufactured home parks, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood. No provision contained herein shall be applied in contradiction to state law.
B.
General Requirements. Manufactured homes may be used for residential purposes as follows:
1.
If such manufactured homes are located in an approved manufactured home park in conformity with the conditions imposed upon development and use of the manufactured home park; or
2.
If such manufactured homes are located in a district that permits single-family dwellings; or
3.
If such manufactured homes have been approved by the community development director for a location in an OS district or an I district as caretaker housing.
4.
All manufactured home parks shall have a minimum lot area of four acres and may be allowed only through approval of a PD district under the provisions of Chapter 17.44 BMC. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 17.104 BMC.
C.
Design Criteria. A manufactured home shall be compatible in design and appearance with structures in the vicinity and shall meet the following standards:
1.
It must be built on a permanent foundation approved by the building official;
2.
It must have been constructed in compliance with all city of Benicia permit requirements, subject to permitting by the California Department of Housing and Community Development;
3.
The unit's skirting must extend to the finished grade;
4.
The exterior materials of a manufactured home shall be compatible with existing development in the immediate neighborhood by using building materials, window styles, roof slopes, colors, and exterior finishes that are the same or visually similar to those on the primary dwelling unit. Reflective metal finishes are prohibited;
5.
The roof must be of concrete or asphalt tile, shakes or shingles, or nonreflective standing seam metal complying with the most recent editions of the California Building Code fire rating approved in the city of Benicia;
6.
The roof must have a minimum 2:12 pitch and eaves or overhangs of not less than one foot;
7.
Required covered parking shall be compatible with the manufactured home design and with other buildings in the area.
D.
Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the state of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the building official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be canceled. If the home is new and has never been registered with the state, the owner shall provide the building official with a statement to that effect from the dealer selling the home. (Ord 25-12 § 3).
§ 17.90.050 Inclusionary housing.
A.
Purpose.
1.
The purpose of this section is to enhance the public welfare and assure that new housing development contributes to the attainment of the city's housing goals by promoting and increasing, through actual construction and/or alternative equivalent actions as provided for in this section, the production of rental and ownership units available and affordable to qualified households.
2.
It is city's intent that the requirements for inclusionary units affordable to qualified households shall not be contingent on the availability of government programs, subsidies, or regulatory assistance. This is not to preclude the use of such programs, subsidies, or regulatory assistance. To the extent a government subsidy, affordable housing program, or regulatory assistance has requirements that conflict with this section, the community development director may modify or waive such conflicting requirement(s) of this section in order to facilitate the development of inclusionary units. This section is also not intended to be an undue burden on the developers of residential projects.
B.
Applicability.
1.
Any residential development of 10 or more units shall comply with the requirements of this section to provide inclusionary units within the development as units affordable to, and occupied by, qualified households, for a minimum of 55 years from the recordation of each resale control agreement or affordable restriction agreement, as the case may be, for the units.
2.
For rental development, 10 percent of the total number of market-rate units in the development shall be provided as inclusionary units.
3.
For for-sale development of less than 100 units, 10 percent of the total number of market-rate units in the development shall be provided as inclusionary units.
4.
For for-sale development of 100 or more units, 15 percent of the total number of market-rate units in the development shall be provided as inclusionary units.
5.
In applying the percent or percentages referred to in this section, any decimal fraction less than 0.50 may be disregarded and any decimal fraction greater than or equal to 0.50 shall be rounded up to the next whole number.
6.
Inclusionary units shall be constructed on site unless otherwise approved pursuant to subsection (F) of this section, Alternative Means of Compliance.
C.
General Requirements.
1.
Affordability. One-half of the total number of inclusionary units within the residential development shall be designated as units affordable to, and occupied by, low-income households. One-half of the total number of inclusionary units within the development shall be designated as units affordable to, and occupied by, moderate-income households.
a.
Any inclusionary unit may be offered at a level affordable to, and occupied by, acutely low-income, extremely low-income, very low-income or low-income households subject to compliance with all other requirements of this section. The provision of such units at alternate affordability levels shall not modify the total number of required inclusionary units.
b.
When the number of required inclusionary units is an odd number (e.g., 10 percent of 10 units is one), the odd-numbered unit shall be provided at a level affordable to a low-income household.
2.
Affordable Restriction Agreement. An affordable restriction agreement shall be required for any residential development subject to this section. The affordable restriction agreement shall be fully executed by the city and developer prior to issuance of any building permit for the residential development. The affordable restriction agreement, inclusive of resale control agreement(s) or affordable rental agreement(s) as applicable, shall be recorded as a deed restriction upon the property prior to issuance of a certificate of temporary or permanent occupancy for any market-rate unit within the residential development. The agreement shall ensure compliance with the requirements of this section, including all of the following:
a.
The timing of the construction of the inclusionary units and/or the provision of an alternative means of compliance as set forth in subsection (F) of this section, Alternative Means of Compliance;
b.
The number of inclusionary units at appropriate sales price or rent levels equivalent to or more affordable than 50 percent low-income units and 50 percent moderate-income units;
c.
The term of affordable restriction agreement;
d.
The location of inclusionary units, identified by assessor's parcel number and address or unit number, and depicted on the approved site plan;
e.
Provision(s) regarding income certification and screening of prospective buyers and/or renters of inclusionary units;
f.
A standard resale control agreement for all for-sale units and/or affordable rental restriction agreement for all rental units, as applicable; and
g.
The method of cost recovery for initial and ongoing income certification for inclusionary units.
3.
Rents and Sales Prices. Affordable rent and sales prices shall be determined at a rent or price that is affordable for a qualified household according to the Official State Income Limits Table.
4.
Concurrent Construction.
a.
All inclusionary units in a residential development and/or phases of a development shall be constructed concurrently with or prior to the construction of market-rate units.
b.
Except as provided in subsection (C)(4)(c) of this section, each phase of a residential development shall include the same or greater proportion of inclusionary units as are required for the total development, which shall be verified and approved in the construction phasing plan at the time of building permit application.
c.
For discretionary permits, the review authority may authorize an alternative phasing schedule to facilitate affordable housing development and if the affordable restriction agreement sets forth terms for timely satisfaction of the inclusionary housing requirements.
5.
Design and Amenity Standards. Inclusionary units shall meet the following standards. Documentation of compliance with the design and amenity standards shall be submitted at the time of the development application (e.g., parcel map, tentative map or design review).
a.
Distribution. Inclusionary units shall be interspersed among market-rate units within the same residential development as demonstrated on a site plan and/or floor plan that clearly indicates the location of such units.
i.
No more than 50 percent of the proposed affordable housing units are consolidated into one structure in developments with more than one multi-unit structure;
ii.
No more than 20 percent of affordable housing units in a single multi-unit structure may be located adjacent to each other or stacked on consecutive floors unless it is unavoidable due to the required unit mix and distribution;
iii.
No more than 20 percent of the affordable housing units may be located adjacent to each other within single-family residential subdivisions;
iv.
The distribution requirements of this subsection shall not be applicable if the affordable units are financed with low-income tax credits or consist of affordable senior housing.
b.
Comparable Units. Inclusionary units must be comparable to market-rate units. "Comparable" means that the inclusionary units shall be offered in a bedroom and bathroom mix that is proportionate to that of market-rate units; that units shall measure no less than 90 percent of the average square footage of market-rate units with the same number of bedrooms; and that the units are offered with the same standard mechanical systems as market-rate units.
c.
Comparable Design. Inclusionary units shall be designed in a manner that is consistent with the exterior design of market-rate units in the same development. "Consistent" means that inclusionary units are offered the same standard building elevations, standard exterior materials (i.e., walls, roofing, windows, and trim), and standard landscaping as market-rate units. "Standard" refers to components of the dwelling unit that are offered in the base purchase price or rent.
d.
Comparable Amenities. Residents of inclusionary units shall have access to and enjoyment of all on-site amenities that are available to market-rate units. Owners or occupants of inclusionary units shall not be charged any fee or rent for access to amenities such as recreational facilities, parking, cable TV, vehicle charging and interior appliances such as dishwashers and microwave ovens, unless such fee or rent is charged to market-rate tenants. Optional services for all residents must be the same. Tenants of inclusionary units cannot be required to purchase additional services.
e.
Common Access. Residential buildings that have a common, shared entrance or entrances shall not have separate entrances for market-rate and inclusionary units.
f.
For discretionary permits, the review authority shall have the authority to approve one or more deviations from these standards when the review authority determines that such deviation is necessary due to factors such as site or design constraints, public funding source restrictions pertinent to lower-income units, or to comply with all applicable city ordinances. In making its decision, the review authority shall find that the project will fulfill the purposes of this section and the affordable housing needs and policies of the city as reflected in the housing element.
D.
Requirements for Rental Units.
1.
Tenant Screening.
a.
All prospective tenants for inclusionary rental units shall be screened and certified for their income eligibility prior to execution of a lease agreement, according to the procedure and terms of the affordable restriction agreement and affordable rental agreement, as applicable.
b.
The same rental terms and conditions shall be applied to tenants of inclusionary units as are applied to market-rate units, except as to rent levels, income requirements, or other requirements of state or federal subsidy programs.
c.
Notwithstanding any other provision of this subsection, in the screening and selection process for the inclusionary rental units, the city, developer, and/or their designee(s) shall comply with all applicable state and federal fair housing laws. Discrimination based on any subsidies (e.g., housing choice vouchers) received by the prospective tenant is expressly prohibited.
2.
Annual Compliance Reporting.
a.
Commencing with issuance of each certificate of occupancy and continuing until expiration of the affordable restriction agreement, the developer or its designee(s) shall provide an annual report to the city by January 31st of each year that includes all of the following information:
i.
The address, including apartment or unit number, each inclusionary unit;
ii.
The number of bedrooms in the inclusionary unit;
iii.
The initial and current rent level of the household;
iv.
The current income level of the household and the number of persons in the household;
v.
The term of the affordability restrictions pursuant to this section or the requirements of any funding source, whichever is more restrictive;
vi.
The name and address of the owner and manager (if applicable).
b.
The city or its designee(s) shall monitor compliance with the rent level requirements of this section.
3.
Substitution of Unit. A market-rate unit may be substituted for an inclusionary unit according to the procedures and requirements of this section.
a.
If the tenant of an inclusionary unit experiences an increase in household income that exceeds the income limits for a qualified household according to the Official State Income Limits Table and the affordable restriction agreement, the owner or their designee may adjust the rent of such unit to market-rate and allow continued occupancy of the unit; provided, that the next available equivalent market-rate unit shall be leased to a qualified household that meets the income limits set forth in the affordable restriction agreement ("substitution of unit").
b.
The substitution of the units shall be documented in the annual compliance report to demonstrate that the appropriate number and affordability levels of inclusionary units are being maintained pursuant to the affordable restriction agreement.
4.
Transfers and Sales of Inclusionary Units. The owner of any inclusionary rental unit shall attach and legally reference in the grant deed conveying title of any such inclusionary unit a declaration of restrictions stating the restrictions imposed pursuant to subsection (C)(2) of this section (Affordable Restriction Agreement). The city may provide a form declaration of restrictions, but failure to provide the form does not abrogate the owner's obligation to record the declaration. The declaration of restrictions shall include all applicable occupancy restrictions, prohibitions, and terms of the affordable rental restriction agreement as required by this section.
E.
Requirements for For-Sale Units.
1.
Marketing and Buyer Selection Plan. As part of the application for for-sale unit development, the developer shall submit a marketing and buyer selection plan for city. Approval of the plan shall be required prior to execution of the affordable restriction agreement.
a.
The marketing section will set forth available financing and/or lending resources for lower-income households and the methods of identifying and conducting outreach to potential buyers.
b.
The buyer selection portion of the plan will specify the income eligibility standards and necessary documentation to comply with the process and requirements of this subsection.
c.
The plan shall state that no inclusionary unit may be sold to an immediate family member nor employee of the developer(s) or owner(s).
2.
Notice of Availability. The developer or their designee(s) shall notify the city of the availability of for-sale inclusionary units when the units are initially offered for sale.
a.
Notice of availability shall be made in writing and provided in accordance with the terms of the affordable restriction agreement. Notice may precede the listing of units by up to 30 days but shall be received no later than one day after the units are listed or advertised for sale.
b.
The developer or their designee(s) shall be responsible for the marketing of inclusionary units. The city or its designee(s) may, in their discretion, also advertise the availability of the inclusionary units to the general public and eligible parties known to the city of Benicia and county of Solano.
c.
Discrimination based on any protected characteristic, including discrimination based on any subsidies received by a qualified household, is expressly prohibited.
3.
Buyer Screening.
a.
For-sale inclusionary units shall only be offered to, sold to, and sold at prices affordable to qualified households who meet the income limits at the time of sale.
b.
Maximum sales price for inclusionary units shall be determined at price that is affordable for a qualified household according to the income limits of the Official State Income Limits Table and set forth in the affordable restriction agreement for the development.
c.
Every purchaser of an inclusionary unit shall certify that the unit is being purchased for the purchaser's primary place of residence.
4.
Escrow Reporting.
a.
At least 10 working days prior to close of escrow for each inclusionary unit, the developer or their designee(s) shall submit a pre-closing report to the city which includes all of the following information:
i.
The address of the unit and lot number (as applicable);
ii.
The affordability designation of the unit pursuant to the affordable restriction agreement;
iii.
The sales price;
iv.
The household income of the prospective purchaser, including associated documentation as detailed in the affordable restriction agreement;
v.
The number of persons in the prospective purchaser's household; and
vi.
The term of the affordability restrictions pursuant to this section or the requirements of any intended funding source, whichever is more restrictive.
b.
The city shall review the preclosing report and either (i) notify the developer or their designee(s) of any deficiencies in the completeness of the report; or (ii) issue a certification that the prospective purchaser's household income complies with the income limit for the designated inclusionary unit pursuant to the requirements of this section; or (iii) decline to certify that the prospective purchaser meets the income requirements pursuant to the affordable restriction agreement and this section.
c.
No inclusionary unit may close escrow unless the income certification has been issued to the developer or their designee(s).
d.
Within 10 working days after close of escrow for each inclusionary unit, the developer or their designee(s) shall provide a post-closing report to the city or its designee which includes all of the following information:
i.
A copy of the recorded affordable restriction agreement and resale control agreement for the unit;
ii.
The name of the owner(s) of the inclusionary unit;
iii.
The date of actual or expected occupancy.
e.
Escrow reporting shall be provided for each inclusionary unit until all units have been sold.
f.
The city or its designee(s) shall at least annually monitor purchase prices, number of units at the required affordability levels, owner-occupancy, and the expiration of the terms of affordability.
5.
Homeowners' Dues and Assessments. Owners of for-sale inclusionary units may be obligated to pay homeowners' dues and/or assessments; provided, that the assessment charged to any low-income inclusionary unit shall not exceed 75 percent of the dues and/or assessments owed by market-rate unit owners.
6.
Control of Resale. In order to maintain the availability of the for-sale inclusionary units pursuant to the requirements of this section, the city shall impose resale conditions for a period of 55 years from recordation of each resale control agreement, which 55-year period shall start over with each resale.
a.
Resale Control Agreement. As set forth in subsection (C)(2) of this section (Affordable Restriction Agreement) and further described herein, a resale control agreement setting forth the applicable terms of this section shall be recorded with the Solano County recorder's office for each for-sale inclusionary unit.
b.
Resale Price. The price received by the seller of an inclusionary unit shall not exceed the affordable cost, as determined by the income limits set forth in the Official State Income Limits Table for the affordability category assigned to the unit at time of development approval.
c.
Fees. The seller shall not levy or charge any additional fees nor shall any "finder's fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs.
d.
Notice of Availability. When an inclusionary unit is listed for resale, notice of availability shall be made in writing and provided to the city in accordance with the terms of the resale control agreement. Notice may precede the listing of the unit by up to 30 days but shall be received no later than one day after the unit is listed for sale.
i.
Within 10 days of receiving notice of availability, the city may provide the owner or their designee a list of any qualified and eligible potential purchasers known to the city.
ii.
The owner or their agent must make a good faith effort to notify each listed person or their designee of unit availability within seven days of receipt of the list.
e.
Qualified Buyer. The owner or their designee will be responsible for the marketing of the unit to qualified buyers and certification of the buyer's income. Buyer screening shall be conducted in accordance with the requirements of subsection (E)(3) of this section (Buyer Screening). An inclusionary unit may be resold only to a qualified household.
f.
Escrow Reporting. Prior to closing escrow, the owner or their designee shall comply with the reporting requirements of subsection (E)(4) of this section (Escrow Reporting).
g.
City Option to Purchase. If the owner or their designee is unable to find a qualified buyer after 120 days of marketing the unit, the city may exercise its option to purchase the property at a price that is affordable to qualified households on the basis of the Official State Income Limits Table or appraised fair market value, whichever is less.
i.
The city shall initiate its option to purchase the inclusionary unit by notifying the owner or their designee in writing that the option is under consideration. The city may not issue this notification until the unit has been marketed for at least 120 days.
ii.
Unless extended through a written agreement by the city and the owner, the city shall issue a decision on its option to purchase within 90 days.
iii.
Nothing in this subsection shall preclude the owner from selling the property to a qualified household during the period in which the city is considering its option to purchase.
h.
Rental of For-Sale Inclusionary Unit. If a for-sale inclusionary unit is no longer owner-occupied, the unit shall be occupied by and provided at a rent that is affordable to a qualified household in the income category for which the unit was designated in accordance with subsection (D) of this section (Requirements for Rental Units), inclusive of an annual compliance report.
i.
Resale in Violation of Income Limits. Resale of an inclusionary unit to a household that is not qualified under the provisions of this section shall result in enforcement actions as provided in subsection (H) of this section (Enforcement). In addition, the city may opt to pursue necessary legal action demanding performance under the terms of this section and the affordable restriction agreement.
j.
Transfers of Title.
i.
The following transfers of title are exempt from the provisions concerning control of resale and do not reset the 55-year term of affordability:
(A)
Transfer by devise or inheritance to the owner's spouse, child or other family member;
(B)
Transfer of title by an owner's death to a surviving joint tenant, tenant in common, or a surviving spouse of community property (that is, another owner already on title);
(C)
Transfer of title to a spouse as part of divorce or dissolution proceedings; or
(D)
Transfer of title or an interest in the property to the spouse in conjunction with marriage.
ii.
Upon transfer, the owner may occupy the inclusionary unit if they comply with the income limits and buyer screening provisions of this section and the applicable affordable restriction agreement. If the owner does not qualify, the inclusionary unit may be sold or rented to a qualified household in accordance with the provisions of this subsection.
F.
Alternative Means of Compliance.
1.
The preferred and most efficient method of compliance with this section is the creation of inclusionary units within the same market-rate development ("on-site"). Alternative methods of compliance will be approved if the developer submits an analysis, prepared by a qualified professional land economist, demonstrating that the development of on-site inclusionary units is not feasible and further ensuring that the alternative means of compliance will satisfy the inclusionary requirements of this section in an economically feasible manner consistent with the purposes of this section and the policies of the housing element. For the purposes of this analysis, feasibility for rental development is defined as five percent yield-on-cost and feasibility for for-sale units is defined as 15 percent margin on costs.
2.
The developer shall satisfy all alternative means of compliance concurrent with or prior to occupancy of the market-rate development.
3.
Except where specifically provided herein, alternative means of compliance shall require approval by the review authority and shall be provided in accordance with all applicable requirements of this section.
4.
The alternative means of compliance include and are limited to those listed in this subsection.
5.
Off-Site Construction. The developer may propose to fulfill the requirements of this section by the construction off-site inclusionary units, i.e., the construction of inclusionary units that would be required as part of the residential development at another location in the city at an equivalent number, affordability level, and with comparable unit and design as required per subsections (C)(5)(b) (Comparable Units) and (C)(5)(c) of this section (Comparable Design). Such units shall be provided within the same census tract as the market-rate units. Where market-rate units are located in two or more census tracts, off-site units shall be provided in the census tract containing the greatest number of market-rate units. Off-site inclusionary units must be constructed and approved through final inspection prior to issuance of a certificate of occupancy for any units in the market-rate development project.
6.
Rental Units Within For-Sale Unit Developments. The developer may propose to offer inclusionary units as rental units within a for-sale development. Such inclusionary rental units shall be subject to subsection (D) of this section (Requirements for Rental Units).
7.
Extension of Existing Affordable Rent Restrictions in Off-Site Properties.
a.
The developer may propose to partner with an existing affordable housing provider that manages residential housing within the city limits of the city of Benicia to rehabilitate and extend the affordability of existing off-site housing units at an economic value equal to or greater than the subsidy cost for the required on-site inclusionary housing units, as demonstrated by the analysis of a qualified land economist and providing the following:
i.
Rehabilitation of existing affordable housing units and/or facilities in a manner that will extend the life of such structure(s) and grounds; and
ii.
Secure at least 55 years additional of restricted affordability for housing unit(s). The inclusionary units to be extended must be affordable to low- and moderate-income residents (or lower levels of affordability) as set forth in the affordable restriction agreement, and the terms of affordability must meet the general requirements section regarding term, levels of affordability and reporting requirements.
b.
A proposal for rehabilitation and extension of existing affordable rent restrictions in off-site properties shall be presented at the time of development application submittal and shall be accompanied by a memorandum of understanding or partnership agreement with the affordable housing provider; a schedule of units and/or facilities to be rehabilitated with construction cost estimates; a draft instrument extending the duration of affordability; and financing documentation as necessary to demonstrate feasibility.
8.
Rehabilitation of Existing Units. The developer may propose to satisfy the inclusionary housing requirement by purchasing and rehabilitating off-site units in an equivalent quantity and affordability to what would be required for on-site inclusionary units, and to a level that complies with the comparable unit and design standards of subsections (C)(5)(b) (Comparable Units) and (C)(5)(c) of this section (Comparable Design). A proposal for acquisition of existing units, inclusive of unit location, size and type, shall be provided at the same time as the development application and shall be accompanied by evidence of ownership or contingent ownership for each unit proposed as an alternative means of compliance. Existing units that are rehabilitated as an alternative means of satisfying the inclusionary requirements shall require execution of an affordable restriction agreement and shall be acquired, deed restricted, rehabilitated and approved through final inspection prior to issuance of an occupancy permit for the market-rate development. The units purchased must be within the city limits of the city of Benicia.
G.
Use of Development Incentives – Density Bonus.
1.
To avoid an undue economic burden or cost to the developer providing inclusionary units or alternatives required by the provisions of this section, the city shall favorably consider the applicability of a density bonus for a proposed residential project or land subdivision, as provided by state and local law; provided, that a density bonus does not conflict with the goals of the city's general plan or result in significant environmental impacts.
2.
Granting of a density bonus shall be considered on a project-by-project basis. Developments seeking a density bonus must comply with BMC § 17.90.030 (Density bonus), and the state density bonus law. The affordable housing density bonus agreement (AHDBA) required by BMC § 17.90.030(B)(3) shall serve as the affordable restriction agreement required for inclusionary units.
3.
Concerning for-sale units, the AHDBA will set forth the restricted resale price that is affordable for a qualified household pursuant to income limits of the Official State Income Limits Table, and the equity sharing provisions of Government Code Section 65915, as a disclosure in the marketing of the affordable for-sale units to initial buyers and subsequent buyers on resale.
H.
Enforcement.
1.
The provisions of this section shall apply to all agents, successors and assignees of a developer for development of the site. No discretionary permit or building permit shall be issued after the effective date of the ordinance codified in this section for any project which does not meet the requirements of this section.
2.
In addition to, or in lieu of, the provisions of subsection (H)(1) of this section, the city council may institute appropriate legal actions or proceedings including, but not limited to, equitable relief for the enforcement of this section. Nothing in this section shall be construed to restrict the rights of the third-party beneficiaries of this section to enforce its provisions.
3.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable for each offense by a fine of not more than $5,000, or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this section is commenced, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided herein.
I.
Performance. Failure of any city official or agency to fulfill the requirements of this section shall not excuse any developer from the requirements and obligations of this section and any associated affordable restriction agreement. (Ord 25-12 §§ 3, 12).
§ 17.90.060 Emergency shelters.
A.
Purpose. This section is intended to implement California Government Code Section 65583 by establishing standards to permit emergency shelter facilities for homeless persons or families.
B.
Zoning. An emergency shelter is a permitted use in the following areas and districts, except as provided in subsection (C) of this section:
1.
Within one-quarter mile of East Military Street and West Military Street, between West K Street and East 7th Street, excluding the RS single-family residential district, the OS open space district, and lands within the Downtown Mixed Use Master Plan zoning districts; and
2.
Within one-quarter mile of Adams Street, excluding all districts except CO office commercial and CG general commercial districts.
C.
Use Permit. Once the city's local need for emergency shelter is provided through capacity in existing local facilities and/or multi-jurisdictional agreements in accordance with Government Code Section 65583, any additional beds or emergency shelters will be permitted only on approval of a use permit. The local need for emergency shelters shall be determined based upon the most recently adopted Housing Element or in accordance with Government Code Section 65583.
D.
Design Review. Emergency shelters permitted in accordance with subsection (B) of this section are exempt from the design review requirements as provided in Chapter 17.108 BMC, if such facilities are not located or proposed within an historic overlay district. However, once the city's local need for emergency shelter is provided through capacity in existing local facilities and/or multi-jurisdictional agreements in accordance with Government Code Section 65583, the design review exemption provided in BMC § 17.108.020(B) is no longer applicable.
E.
Administrative Review. Except as provided in subsections (C) and (D) of this section, emergency shelters shall be reviewed by the community development director or designee as follows:
1.
An emergency shelter shall be approved upon finding that the proposed project conforms to the requirements of this title, including design review as required by Chapter 17.108 BMC, as well as the standards of subsection (F) of this section.
2.
Approval or denial of an emergency shelter shall be noticed to the applicant in a "letter of action." If the application is denied, the letter shall state wherein the project did not meet the standards of this section.
3.
Approval of an emergency shelter shall expire two years from the date of approval unless made valid by construction or occupancy of the facility. The director may grant a maximum one-year extension of the two-year approval period.
F.
Standards.
1.
Proximity to Other Emergency Shelters. Emergency shelters shall be located at least 300 feet apart as measured from closest property lines.
2.
Site Improvements. Site landscaping, exterior lighting and parking facilities shall comply with the provisions of Chapters 17.70 and 17.74 BMC.
3.
Outdoor Facilities. Outdoor recreational facilities shall be enclosed by a fence or a natural barrier (e.g., hedge). If smoking is allowed on site, there shall be a designated outside smoking area and the facility shall conform to the provisions of Chapter 9.06 BMC. Outdoor telephone facilities are not permitted.
4.
Length of Stay. The length of stay per individual shall not exceed six months.
5.
Shelter Capacity. The maximum permitted capacity of an emergency shelter shall be equivalent to the homeless census identified in the most recent adopted housing element, less any emergency shelter capacity currently provided within the city. However, the community development director may increase the permitted capacity to serve homeless individuals based upon updated data that is compiled or verified by a qualified individual or community organization, if the data demonstrates an increase in the city's homeless population. Any proposed shelter that exceeds the permitted capacity shall require a use permit in accordance with subsection (C) of this section.
6.
On-Site Waiting and Intake Areas. Client waiting and intake areas shall be screened or enclosed, and clients shall not be allowed to form a queue outside the facility. Hours of client intake shall be posted.
7.
Support Facilities. The following facilities shall be provided for the exclusive use of residents and staff:
a.
Shower and restroom facilities.
b.
Food preparation and/or dining.
c.
Laundry.
d.
Secure storage for personal belongings.
e.
The facility may also provide recreation, computer, counseling, child day care or other support facilities as appropriate based upon the demonstrated need of the client population. (Ord 25-12 § 3).
§ 17.90.070 Objective design standards.
A.
All new housing development projects that meet any of the below criteria shall comply with the objective planning and design standards for mixed use residential and multifamily development, which are adopted by city council resolution and may be amended from time to time:
1.
Buildings that contain two or more dwelling units.
2.
Groups of two or more attached townhomes (row houses), regardless of whether multiple townhomes occupy the same lot or each townhome occupies a separate lot.
3.
Mixed use buildings that include at least two-thirds of the square footage designated for residential use.
4.
Transitional housing or supportive housing.
B.
Where there is a conflict between standards of the zoning ordinance and the objective planning and design standards, the objective planning and design standards shall prevail.
C.
Development on a parcel in the Housing Element Sites Inventory (Housing Element Appendix D, Table A) that complies with the view protection standard in BMC § 17.70.360(D) shall be deemed consistent with the design review finding that the project does not block city-designated scenic views and vistas as set forth in Chapter 17.108 BMC. (Ord 25-12 §§ 3, 11).
§ 17.90.080 Community benefits program.
A.
Purpose. The community benefits program allows applicants to incorporate community benefits into proposed development projects in exchange for increased development potential. This program is intended to facilitate the production of new multifamily and mixed use residential development with amenities that benefit the general public.
B.
Relationship to State Density Bonus Law. If an applicant requests a density bonus pursuant to Section 65915 of the California Government Code, the proposed project may not also utilize incentives provided in this section.
C.
Eligibility.
1.
MU-I District. Multifamily and mixed use residential projects in the MU-I district are eligible for participation in the community benefits program.
2.
Residential Floor Area in Mixed Use Residential Projects. To be eligible for incentives, at least two-thirds of the total floor area of a mixed use residential project must be occupied by a residential use.
3.
Incentive Tiers. The community benefits program allows developers to propose a development project which is entitled to "incentives" in exchange for the provision of certain community benefits.
a.
Tier 1 and Tier 2 incentives are available to all properties in the MU-I district.
b.
Tier 3 incentives are available only to parcels in the MU-I district abutting the I-780 right-of-way. If a parcel abutting the I-780 right-of-way is enlarged with a parcel merger or lot line adjustment, the entire resulting parcel area is eligible for Tier 3 incentives.
D.
Incentives.
1.
Table 17.90-5 identifies the available incentives for each tier, the required community benefit, and the required approvals.
2.
The city may grant incentives only when the community benefits or amenities offered are not otherwise required by the zoning ordinance or any other provision of local, state, or federal law.
Table 17.90-5: Community Benefits Program | |||
|---|---|---|---|
Tier 1 | Tier 2 | Tier 3 | |
Required Benefit | 2 community benefits | 3 community benefits | 4 community benefits |
Incentives | |||
Site Area per Unit, Min. | No min. | No min. | No min. |
Lot Coverage, Max. | 75% | 80% | 85% |
Building Height, Max. | 40 ft. and 3 stories | 45 ft. and 4 stories | 60 ft. and 5 stories |
Required Approvals | |||
Approval Type | Design Review | Use Permit [1] | Development Agreement [1] |
Review Authority | Community Development Director | Planning Commission | City Council |
Notes: |
|---|
[1] For Tier 2 projects, the planning commission conducts design review as part of the use permit process. For Tier 3 projects, the planning commission and city council conduct design review as part of the development agreement review process. See Chapter 17.108 BMC (Design Review). |
E.
Benefits.
1.
All Projects. Development may choose from community benefits in Table 17.90-6 to satisfy the required benefit contribution set forth in Table 17.90-6. A project may use each benefit only once to satisfy the contribution requirement.
2.
Tier 3 Projects.
a.
As one of the required benefits, a Tier 3 project must exceed the inclusionary housing requirement in BMC § 17.90.050 (Inclusionary housing) by 10 percent. Additional affordable units shall comply with all requirements of BMC § 17.90.050.
b.
All other required community benefits for a Tier 3 project may be selected from Table 17.90-6.
3.
Affordable Projects. A project that is 100 percent affordable, as defined in BMC § 17.90.050, is entitled to Tier 1, 2, and 3 incentives, subject to the specified approval, without providing additional community benefits.
4.
Timing. Unless an alternative timing is provided for in a development agreement, community benefits must be provided:
a.
Prior to issuance of building permit for the payment of fees; and
b.
Prior to final inspection for the construction of improvements.
Table 17.90-6: Community Benefits | |
|---|---|
Community Benefit | Description |
On-Site Affordable Units | The project provides on-site affordable units in compliance with BMC § 17.90.050 (Inclusionary housing). Units must remain affordable for the minimum duration required by BMC § 17.90.050. |
Additional On-Site Affordable Units | The project exceeds inclusionary housing requirement in BMC § 17.90.050 (Inclusionary housing) by 10 percent. [1] |
Older-Adult Housing | All units are age-restricted for persons 55 and older. Units must remain age-restricted for a period of not less than 30 years. The project must include an elevator. |
Housing for Artists | At least 20 percent of units contain working space for artists, artisans, and similarly situated individuals. For units with working space, the working space must constitute 50 percent of the floor area of the unit, must be a clearly defined area within the unit, and must be reserved for and regularly used as artistic working space by the resident. Retail studio space open to the general public is allowed but not required. |
Public Parking | Parking spaces available to the general public equal to 10% of the required number of on-site parking spaces. Parking spaces must be in addition to spaces required for the use. |
Public Open Space | On-site public open space with an improvement cost equal to or exceeding 1.5% of total project construction costs. Includes public plazas, courtyards, and other public gathering places that provide opportunities for people to informally meet and gather. Applicant shall grant an easement or other property interest for the perpetual benefit of the public for said open space. Open space must be accessible to the general public. Provisions must be made for ongoing operation and maintenance in perpetuity. [2] |
Additional Park Fee | Pay additional park fee equal to 1.5% of total project construction costs. Fee collected must be used for physical park and open space improvements located within one-third mile of the project site. [2] |
Public Infrastructure | Public infrastructure improvements equal to 1.5% of total project construction costs. Includes improvements to streets, sidewalks, bicycle facilities, curbs, gutters, sanitary and storm sewers, street trees, lighting, and other public infrastructure beyond the minimum required by the city or other public agency. Improvement may be located on or off site. If improvement is outside of the project site, the improvement must be located within one-third mile of the project site and must be identified in a specific plan, equivalent infrastructure plan, or the city's capital improvement plan (CIP). [2] |
Public Infrastructure In-Lieu Fee | Payment of in-lieu fee for public infrastructure improvements equal to 1.5% of total project construction costs. This benefit is available only if the city has adopted a specific plan or equivalent infrastructure plan for the area containing the project site, or if fee collected will be used for a specific physical infrastructure improvement identified in the city's capital improvement plan (CIP). Fee collected must be used for improvements located within one-third mile of the project site. [2] |
Neighborhood-Serving Commercial Use | Minimum 1,500 sq. ft. of on-site space for one or more of the following commercial uses: eating and drinking establishment, food and beverage sales, personal services, retail sales. |
Public Art | The project includes a public art component equal to 1.5% of total project construction costs. Public art must be permanent, subject to approval through the public art process, and placed in a prominent and publicly accessible location. [2] |
Public Art Fund | Pay into city public art fund equal to 1.5% of total project construction costs. Fee collected must be used for artwork located within one-third mile of the project site. [2] |
Other Community Benefits [1] | Other community benefits not listed above as proposed by the applicant that are significant and substantially beyond normal requirements as determined by the review authority through the permit approval process. |
Notes: |
|---|
[1] Available only for Tier 2 and 3 projects. |
[2] Total project construction costs shall be estimated at time of building permit issuance and shall not be less than the building cost index for Solano County. |
F.
Required Approvals.
1.
Tier 1. Projects requesting Tier 1 incentives require design review conducted by the community development director consistent with Chapter 17.108 BMC (Design Review).
2.
Tier 2. Projects requesting Tier 2 incentives require planning commission approval of use permit. As provided in Chapter 17.108 BMC (Design Review), the planning commission conducts design review as part of the use permit process.
3.
Tier 3. Projects requesting Tier 3 incentives require city council approval of a development agreement at a noticed public hearing. The development agreement shall be prepared and approved consistent with Chapter 17.116 BMC (Development Agreements) and Government Code Sections 65864 through 65869.5. The planning commission must make a recommendation to the city council on the development agreement at a noticed public hearing. The planning commission and city council conduct design review as part of the development agreement review process. (Ord 25-12 §§ 3, 12).
§ 17.90.090 Employee housing.
A.
Purpose. This section establishes regulations for employee housing for farmworkers when accessory to a permitted agricultural use.
B.
Standards for Employee Housing for Farmworkers.
1.
Six or Fewer Employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use, and shall be treated the same as a single-unit dwelling of the same type in the same zoning district.
2.
Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use. (Ord 25-12 § 3).
§ 17.90.100 Condominium conversions.
A.
Section Purpose and Objectives.
1.
Specific Purposes.
a.
The conversion of residential structures from one individual ownership to condominiums or any other form of multiple ownership interests creates special community problems, both social and economic.
b.
Conversions may significantly affect the balance between rental and ownership housing within the city, and thereby reduce the variety of individual choices of tenure, type, price, and location of housing; increase overall rents; decrease the supply of rental housing for all income groups; displace individuals and families; and disregard the needs of the prevailing consumer market.
c.
The purpose of this section is to provide guidelines to evaluate those problems, including the impact any conversion application may have on the community, and to establish requirements which shall be included in any conversion approval.
2.
Objectives. This section is enacted for the following reasons:
a.
To establish procedures and standards for the conversion of existing multiple-family rental housing to condominiums;
b.
To reduce the impact of such conversions on tenants, who may be required to relocate due to the conversion of apartments to condominiums, by providing for procedures for notification and adequate time and assistance for relocation to comparable rental housing and rates;
c.
To ensure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;
d.
To ensure that converted housing achieves a high standard of appearance, quality, and safety and is in good condition without hidden needs for maintenance and repair;
e.
To provide the opportunity for low- and moderate-income persons to participate in the ownership process, as well as to maintain a supply of rental housing for low- and moderate-income persons; and
f.
To ensure that adequate rental housing is available in the community.
B.
Requirements.
1.
In addition to the applicable requirements and procedures set forth in BMC Title 16, Subdivisions, conversions of existing rental housing to condominiums, community apartments, stock cooperatives and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements of this section.
2.
Such conversions must obtain a use permit pursuant to Chapter 17.104 BMC.
C.
Required Reports and Information.
1.
General.
a.
After preliminary applications are accepted for further discretionary review, the applicant shall submit all the information required for a use permit application and a tentative map pursuant to this code. In addition, the applicant shall submit information documenting that the project as a whole will be in good repair on the interior and the exterior when offered for sale. As part of the material necessary for the city to determine this to be the case, and to aid the review of the proposal, the reports and/or information required by this section shall be submitted. The cost of all reports shall be paid by the applicant, and the persons preparing the reports shall be approved by the city. The reports shall include information on what improvements, if any, shall be accomplished by the developer and at what point in the conversion proceedings such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be considered conditions of approval.
b.
The applicant shall be responsible for the remedy of physical conditions within individual units or common areas, noted by a prospective purchaser and/or tenant, which have been missed by inspections or which occur subsequent to the inspections but prior to the close of escrow. In case of disagreement between the applicant and the prospective purchaser as to the actual condition, remedy or cause of deterioration, the burden of proof shall be that of the applicant.
2.
Physical Elements Report. A report on the physical elements of all structures and facilities shall be submitted, containing the following:
a.
A report by a California-licensed structural or civil engineer detailing the structural condition, useful life, and any apparent deferred maintenance of all elements of the property, including, but not limited to, foundations, electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmissions of each building, mechanical equipment, parking facilities, and drainage facilities. Such report also shall describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; fireplaces; and exterior lighting.
b.
A report by a California-licensed appliance repair contractor detailing the age, condition, expected size, and the cost of replacement for each appliance and mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed.
c.
A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Such report shall be updated within six months after the close of escrow, and any infestation shall be remedied prior to sale.
d.
Existing soils reports shall be submitted for review with a statement regarding any known evidence of soils problems relating to the structures. As required by the city engineer, a new or revised report shall be prepared by a California-licensed soil engineer on soil or geological conditions on-site or off-site which could adversely affect the project site or structures.
e.
A report by a California-licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint will be applied on all building interior and exterior surfaces may take the place of such report. Such statement shall include the brand name of the paint and the exterior colors to be used.
f.
A report by a California-licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement. A statement that new roof material will be applied may take the place of such report. Such statement shall include the type, grade, and color of the proposed roofing material.
g.
A declaration of the covenants, conditions, restrictions, and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to: the conveyance of units; the assignment of parking and storage areas; and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance, and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit. Such documents shall be approved by the city attorney and recorded in the office of the county recorder.
h.
Specific information concerning the demographic and financial characteristics of the project, including, but not limited to, the following:
i.
The square footage and number of rooms in each unit;
ii.
The rental rate history for each type of unit for the previous three years;
iii.
The monthly vacancy rate for each month during the preceding three years;
iv.
A complete list of the number of tenants and tenant households in the project, including the following information:
(A)
Households with persons 62 years or older;
(B)
The family size of households, including a breakdown of households with children five years and younger; and between five and 18 years;
(C)
Households with handicapped persons;
(D)
The length of residence;
(E)
The age of tenants, and
(F)
The designation of low- and moderate-income households and whether receiving federal or state rent subsidies. When the subdivider can demonstrate that demographic information is not available, this requirement may be modified by the community development director.
v.
The proposed price of each of the units;
vi.
The proposed homeowners' association budget, detailed to include fixed costs, operating costs, reserves, administration, and contingencies; and
vii.
A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents.
i.
Signed copies from each tenant of the notice of intent to convert, as specified in this section. The applicant shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted.
3.
Acceptance of Reports. The final form of the physical elements report and other documents shall be approved by the planning commission. The reports in their acceptable form shall remain on file with the department for review by any interested person.
4.
Copies to Purchasers. Prior to any purchaser executing any purchase agreement or other contract to purchase a unit in the project, the subdivider shall provide each purchaser with a copy of all reports in their final form as accepted by the planning commission, except that the demographic information required by subsection (A)(8) of this section and copies of the notice to each tenant concerning conversion do not need to be distributed. The developer shall give the purchaser at least five days to review such reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city.
D.
Condominium Conversion Standards.
1.
Maximum Number. Each calendar year the number of condominium conversions approved by the city may not exceed 150 units.
2.
Inclusionary Housing. A project that converts 10 or more units shall comply with BMC § 17.90.050 (Inclusionary housing).
3.
Compliance With Zoning, Building, Housing, Mechanical, and Fire Codes. All units, as well as the common ownership facilities, shall be brought into compliance with all applicable state and local zoning, building, housing, mechanical, and fire codes adopted for use by the city unless, upon approval of the community development director and prior to recordation of the final map or parcel map, funds have been adequately escrowed to assure completion of such corrective work prior to the closing of escrow of any unit in the project.
4.
Parking Requirements. The project shall conform to all applicable parking requirements of Chapter 17.74 BMC.
5.
Sound Transmission Characteristics and Energy Conservation. The following methods shall be used to regulate noise transmission:
a.
Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.
b.
Noise Mitigation and Energy Conservation. Energy conservation insulation shall be installed in all heated or cooled buildings, including common ownership structures used for assembly purposes, in accordance with Title 24 of the California Administrative Code, as amended, and in effect on the date building permits are issued for condominium conversion rework. Common walls and common floor/ceiling between units shall be constructed to meet a sound transmission coefficient (STC) rating of 50 or higher.
6.
Fire Protection.
a.
Smoke Detectors. Every dwelling unit shall be provided with an AC-powered smoke detector approved by the State Fire Marshal. Installations shall comply with Uniform Building Code Section 1210(a).
b.
Sprinkler and Other Systems. A sprinkler system, fire alarm, and other fire protection devices shall be installed as required by this code.
7.
Utilities – Location and Metering.
a.
Location. Each dwelling unit shall be served by gas and electric services completely within the lot lines or ownership space of each separate unit. No common gas or electrical connection or service shall be allowed. Easements for gas and electric lines shall be provided in the common ownership area where lateral service connections shall take place.
b.
Undergrounding. All new utilities, both on-site and off-site, across property frontage shall be underground.
c.
Metering. Each dwelling unit shall be separately metered for gas and electricity. Individual panel boards for electrical current shall be provided for each unit. A plan for the equitable sharing of communal water metering and other shared utilities shall be included in the covenants, conditions, and restrictions.
8.
Laundry Facilities. A laundry area shall be provided in each unit, or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.
9.
Condition of Equipment and Appliances. At such time as the homeowners' association takes over the management of the condominium project, the applicant shall provide a one-year warranty to the association that any pool and/or spa and pool and/or spa equipment (filter, pumps, and chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. The plumbing and electrical systems in both the dwellings and the common ownership areas shall also be covered by a one-year warranty for proper and safe operation and installation in a safe and workmanlike manner. Such warranty shall be offered by an independent homeowner's warranty service licensed by the California Insurance Commission.
10.
Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the planning commission shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety.
11.
Contingency Fees. The intent of the city in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community, as well as to protect the general welfare, public health, and safety of the community. Upon the close of escrow for each unit, the applicant shall convey to the homeowners' association's contingency fund a minimum of $200.00 per dwelling unit. When 50 percent or more of the total units in the project have been sold, the applicant, within 30 days, shall convey such fee for each of the unsold units. Such funds shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the homeowners' association.
E.
Tenant Benefits and Notifications. Applications for condominium conversions shall include the following procedures as they relate to tenant notification:
1.
Notices of Intent. A notice of intent to convert shall be delivered to each tenant at least 60 days prior to filing the application for a use permit and a tentative map. Evidence of the receipt of such notice shall be submitted with the application for conversion. The form of the notice shall be in the form outlined by Section 664552.9 of the California Government Code, and shall contain not less than the following:
a.
The name and address of the current owner.
b.
The name and address of the proposed subdivider.
c.
The approximate date on which the application and tentative map are proposed to be filed.
d.
The approximate date on which the final map or parcel map is to be filed.
e.
The approximate date on which the unit is to be vacated by non-purchasing tenants.
f.
The tenant's rights of:
i.
Purchase;
ii.
Notification to vacate; and
iii.
Termination of the lease.
g.
A statement of no rent increase.
h.
Provisions for special cases.
i.
The provision of moving expenses and the tenant's right to claim any penalty imposed if timely payment is not made.
j.
The anticipated price range of the units.
k.
The proposed homeowners' association fees.
l.
A statement of the types of financing programs to be made available, including any incentive programs for existing residents.
m.
A copy of the city's condominium conversion regulations.
2.
Notification to Tenants.
a.
Two separate stamped, preaddressed envelopes for each resident of each unit shall be furnished to the department by the applicant at the time the subdivider submits an application for a use permit for a conversion. The department shall use one envelope to notify the residents by mailing a copy of the planning commission public hearing notice to tenants not less than 10 days prior to the proposed hearing date on the application. The notice shall include notification of the tenant's right to appear and be heard. The second envelope shall be used by the department to notify the residents of the results of the public hearing by mailing notification of the decision of the planning commission not more than seven days following the planning commission action. Failure of the department to mail such notice shall not invalidate any proceeding or action taken by the city in considering a conversion. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the applicant.
b.
Notices to Prospective Tenants. Commencing 60 days prior to the submittal of the application, any prospective tenants shall be notified in writing by the subdivider of the intent to convert prior to leasing or renting any unit pursuant to Section 66452.8 of the California Government Code.
c.
Posting Notices. The notice of intent shall be posted on-site in at least one location readily visible to tenants.
3.
Tenants' Discounts. Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant, and shall be ratified by the applicant at the time of conversion.
4.
Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have not less than 120 days after the date of the tentative map approval by the city or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after a conversion application.
5.
No Increase in Rent. A tenant's rent shall not be increased within two months prior to a project application, nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place.
6.
Special Cases.
a.
All nonpurchasing tenants 62 years old or older and all non-purchasing medically proven permanently disabled tenants shall receive lifetime lease. Rents for such tenants shall not be increased for two years after the filing of the project application.
b.
The following non-purchasing tenants shall receive a minimum of 12 months' relocation time, measured from the tentative map approval, to find replacement housing:
i.
Tenants with low or moderate incomes; and
ii.
Tenants with minor children in school.
7.
Moving Expenses. The subdivider shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with all the terms of the subject lease and/or financing, who relocates from the building to be converted after city approval of the use permit authorizing conversion of the units. When the tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited.
8.
Relocation Assistance. Relocation assistance shall be provided by the subdivider to nonpurchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the subdivider on a calendar quarterly basis. Copies of the list shall be posted on-site, dated, and provided to the department.
9.
Discrimination. No discrimination in the sale of any unit shall be based on race, color, creed, national origin, sex, sexual orientation, or age, and a statement to this effect shall be included in the covenants, conditions, and restrictions. Projects created exclusively for the purpose of providing senior citizen housing shall be exempted from this requirement.
10.
Certificates of Occupancy. A certificate of occupancy shall be approved by the community development director and issued by the building official prior to the occupancy of units after sales.
F.
Effect on Housing Supply. In reviewing requests for the conversion of existing apartments to condominiums, the planning commission shall consider the following:
1.
Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety, or general welfare of the community;
2.
The role the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low-income and moderate-income households;
3.
The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums.
G.
Density Bonus for Lower-Income Housing. An applicant may request a density bonus and other incentives for a condominium conversion with units to be made affordable to lower-income households. The city shall review and act on such applications consistent with BMC § 17.90.030 and Government Code Section 65915.5.
H.
Findings. The planning commission may approve an application for a condominium conversion if it finds that the proposed conversion meets the following requirements, in addition to the requirements of BMC § 17.104.060:
1.
All the provisions of the Subdivision Map Act, this section, and other applicable provisions of this code are met.
2.
The proposed conversion is consistent with the general plan, the adopted housing element and any applicable specific plan.
3.
The proposed conversion will conform to the provisions of this code in effect at the time of the project approval, except as otherwise provided in this section.
4.
The overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, and safety.
5.
The proposed conversion will not displace a significant percentage of low-income or moderate-income, permanently or totally disabled, or senior citizen tenants or delete a significant number of low-income and moderate-income rental units from the city's housing stock at the time when no equivalent housing is readily available in the Benicia area.
6.
The dwelling units to be converted have been constructed and used as rental units for at least three years prior to the application for conversion.
I.
Appeals. The decision of the planning commission shall be final on the tenth working day following its action, unless appealed in accordance with Chapter 1.44 BMC. (Ord 25-12 § 3).
§ 17.90.110 Mobile home conversions.
A.
Purpose. The purpose of the mobile home park conversion procedure is to ensure that any conversion of these parks to other uses is preceded by adequate notice, and that relocation and other assistance is provided park residents consistent with the provisions of the California Government Code, Section 65863.7.
B.
Permit Required.
1.
The conversion of an existing mobile home park to another use shall require a use permit issued in accord with Chapter 17.104 BMC.
2.
An application for such permit shall include a description of the proposed new use site and a disposition/relocation plan for existing tenants of the mobile home park.
3.
Upon filing an application for conversion, the community development director shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the conversion proposal.
C.
Relocation Plan.
1.
General.
a.
The relocation plan for tenants of a mobile home park shall be submitted to the planning commission for approval as part of the application for conversion of a mobile home park to another use. The plan shall provide specifically for relocation assistance to full-time, low-income and moderate-income residents of the park for a minimum period of 12 months following approval of a use permit for the conversion. Information on sites available in mobile home parks in the city and adjacent communities shall be provided to all tenants.
b.
A relocation plan shall include, but not be limited to, consideration of the availability of medical and dental services and shopping facilities, the age of the mobile home park and the mobile homes, and the economic impact on the relocated tenants.
2.
Special Cases. The relocation plan shall specifically provide guarantees that all tenants 62 years old or older and all tenants who are medically proven to be permanently disabled shall not have to pay an increase in rent over the amount currently paid for a period of two years following relocation.
3.
Moving Expenses.
a.
The relocation plan shall provide for moving expenses, which are equal to the actual cost of relocating a tenant a maximum of 10 miles from the park, to any tenant who relocates from the park after city approval of the use permit authorizing conversion of the park.
b.
When the tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses shall be forfeited.
4.
No Increase in Rent. A tenant's rent shall not be increased within two months prior to filing an application for conversion of a mobile home park, nor shall the rent be increased for two years from the date of filing of the conversion application or until relocation takes place.
D.
Findings for Conversion. The planning commission may approve a permit for a mobile home park conversion if it finds that the proposed conversion meets the following requirements in addition to the requirements of BMC § 17.104.060:
1.
That the proposed use of the property is consistent with the general plan and all applicable provisions of this code are met;
2.
That there exists land zoned for replacement housing or adequate space in other mobile home parks for the residents who will be displaced;
3.
That the relocation plan mitigates the impacts of the displacement of low- and moderate-income individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.
E.
Conditions of Approval.
1.
Consistent with BMC § 17.104.070, the planning commission shall impose a relocation plan as a condition of approval of a permit for a mobile home park conversion.
2.
In addition, the planning commission may establish the date on which the permit for conversion will become effective. Such date shall not be more than three years from the decision of the planning commission; provided, that conversion at an earlier date may be approved if the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the community development director.
F.
Appeals. The decision of the planning commission shall be final on the tenth working day following its action, unless appealed in accordance with Chapter 1.44 BMC. (Ord 25-12 § 3).
§ 17.90.120 Reasonable accommodations.
A.
Purpose and Intent.
1.
The purpose of this section is to provide a process for individuals with disabilities to make requests for reasonable accommodation in zoning and other land use regulations or rules, policies, practices, and/or procedures of the city.
2.
It is the intent of the city, pursuant to the Federal Fair Housing Act of 1988 and the California Fair Employment and Housing Act, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities.
B.
Applicability.
1.
Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
2.
The provisions of this section apply to all zoning districts including overlay districts and all adopted local area and specific plans, and to BMC Title 15, Building and Construction, regulations.
3.
A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone that has a record of such impairment. This section applies only to those persons who are disabled as defined herein.
C.
Definitions. The following words and phrases, whenever used in this section, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning:
1.
"Act"
means the Fair Housing Amendments Act of 1988.
2.
"Applicant"
means an individual making a request for reasonable accommodation pursuant to this section.
3.
"Disability"
means, with respect to an individual, a medical, physical or mental impairment that limits one or more major life activities, as those terms are defined in California Government Code Section 12926; anyone who is regarded as having such a condition; or anyone who has a record of having such a condition. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability.
D.
Requesting Reasonable Accommodation.
1.
In order to make specific housing available to an individual with a disability, the applicant may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a use permit when otherwise required or result in approval of uses otherwise prohibited by the city's land use and zoning regulations.
2.
If the applicant needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the community development director will provide the assistance necessary to ensure that the process is accessible to the applicant.
3.
A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the department at any time that the accommodation may be necessary to ensure equal access to housing.
4.
A reasonable accommodation does not affect an applicant's obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.
5.
If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, architectural review, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the community development director, before proceeding with the other applications.
E.
Required Information.
1.
The applicant shall submit a request for reasonable accommodation on a form provided by the planning division. The application shall include the following information:
a.
The applicant's name, address, telephone number, and email address, if available.
b.
Address of the property for which the request is being made.
c.
The name and address of the property owner, and the owner's written consent to the application.
d.
The current and proposed use of the property.
e.
The basis for the claim under the Act, that the fair housing laws apply to the individual(s) with a disability and evidence supporting the claim, including the effects on the person's limitations as it relates to the request, which may be in the form of a letter from a medical doctor or other licensed healthcare professional, handicapped license, or other appropriate evidence.
f.
Description of the requested accommodation, and the rule, policy, practice and/or procedure of the city for which the request for accommodation is being made.
g.
Copies of memoranda, correspondence, pictures, site plans, floor plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation.
h.
Such other relevant information as may be requested by the community development director as determined necessary to makes the findings required by BMC § 17.90.120, so long as any request for information regarding the disability of the individuals benefited complies with the Act and the privacy rights of the individual(s) affected.
2.
Any information identified by the applicant as confidential shall be retained by the city in a manner that respects the privacy rights of the individual with a disability and shall not be made available for public inspection.
F.
Reviewing Authority – Decision.
1.
Requests for reasonable accommodation shall be reviewed by the community development director or their designee.
2.
The community development director or their designee shall issue a written decision on a request for reasonable accommodation and may either grant, grant with modification, or deny a request for reasonable accommodation in accordance with the required findings set forth in BMC § 17.90.120.
G.
Required Findings for Reasonable Accommodation. In making a determination regarding the reasonableness of a requested reasonable accommodation, the approving authority shall make the following findings:
1.
The housing which is the subject of the request for reasonable accommodation will be used for an individual(s) with a disability protected under the Act.
2.
The request for reasonable accommodation is necessary to make specific housing available to an individual(s) with a disability protected under the Act.
3.
The requested reasonable accommodation does not impose an undue financial or administrative burden on the city.
4.
The requested accommodation will not require a fundamental alteration of the zoning and building laws, policies and/or procedures of the city.
H.
Effective Date – Appeals.
1.
All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth in Chapter 1.44 BMC.
2.
If an individual(s) needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.
3.
The written decision of the community development director or their designee shall be final unless appealed.
4.
While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
I.
Fee. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this section. (Ord 25-12 § 3).
§ 17.90.130 Small lot subdivisions and development.
A.
Purpose and Intent.
1.
This section establishes requirements for the ministerial approval of subdivisions creating 10 or fewer parcels and dwelling units ("small lot subdivision") pursuant to Government Code Sections 65852.28, 65913.4.5, and 66499.41.
2.
Small lot subdivision requirements are intended to facilitate new residential development
3.
Consistent with the general plan, promote orderly growth and development, and to protect the public health, safety and general welfare.
B.
Eligibility. The city shall accept an application for a small lot subdivision only if the application complies with all of the following requirements:
1.
Zoning. The lot is zoned one of the following:
a.
A residential district (RS, RM, RH, HZ).
b.
A mixed use district (MU-I, MU-L).
c.
Waterfront commercial (CW).
d.
Town core-open (TC-O).
e.
Neighborhood general (NG).
f.
Neighborhood general-open (NG-O).
2.
Existing Parcel Size.
a.
In the RS zoning district, the area of a lot is no larger than one and one-half acres.
b.
In all other zoning districts, the area of the lot is not larger than five acres.
3.
Existing Use – RS District. A lot zoned RS must be vacant. As used in this section, "vacant" means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing are not defined as "vacant":
a.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
b.
Housing that is subject to any form of rent or sales price control through the city's valid exercise of its police power.
c.
Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
4.
Surrounding Uses. The lot is substantially surrounded by qualified urban uses as currently defined in Sections 21072 and 21159.25 of the Public Resources Code.
a.
"Qualified urban use" means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
b.
"Substantially surrounded" means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.
5.
Lot Establishment. The lot was not established pursuant to BMC § 16.32.120 (Urban lot splits) or this section (Small lot subdivisions).
6.
Affordable and Rental Housing. The application would not require demolition or alteration of any of the types of housing identified in Government Code Section 66499.41(a)(8).
7.
Environmental Resources and Hazards. The lot satisfies the requirements of Government Code Section 66499.41(a)(9), which prohibits development on sites subject to specified environmental resources and hazards.
C.
Subdivision Maps.
1.
Ministerial Approval. A small lot subdivision that complies with all standards in this section shall be approved ministerially with either a parcel map or a tentative map and final map consistent with BMC § 16.08.060 (Objective subdivision review). No other permit, discretionary review, or public hearing is required.
2.
Permitting Process.
a.
Time Period for City Action.
i.
The city shall approve or deny the application within 60 days from the date the city receives a completed application. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay.
ii.
If the city does not approve or deny the completed application within 60 days, the application shall be deemed approved.
iii.
If the city denies the application, the city shall, within 60 days from the date the city receives the completed application, provide written comments to the applicant that:
(A)
List the items that are defective or deficient; and
(B)
Describe how the application can be remedied by the applicant.
b.
Basis for Denial. The city may deny the application if either of the following apply:
i.
The application fails to comply with any requirement in this section. Any such requirement that is the basis for denial shall be specified by the city in writing.
ii.
The city makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
3.
General Requirements. A small lot subdivision shall comply with all of the following requirements:
a.
Number of New Parcels and Units.
i.
The subdivision may create no more than 10 parcels and may contain no more than 10 residential units.
ii.
Each newly created lot may contain no more than one residential unit.
iii.
The subdivision may designate a remainder parcel, as defined in Government Code Section 66424.6, and the remainder parcel shall not be counted against the 10 parcel maximum.
b.
Development on Each Parcel.
i.
Except as set forth in subsection (C)(3)(b)(ii) of this section, at least one dwelling must be developed on each newly created parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
ii.
A remainder parcel, as defined in Government Code Section 66424.6, may be designated that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project.
c.
Accessory Dwelling Units. An accessory dwelling unit (ADU) or junior accessory dwelling (JADU) unit is not permitted on a newly created parcel.
d.
Minimum Parcel Size.
i.
In the RS zoning district, newly created parcels shall be no smaller than 1,200 square feet.
ii.
In all other zoning districts, newly created parcels shall be no smaller than 600 square feet.
e.
Form of Ownership. Dwelling units on the newly created parcels shall be one of the following:
i.
Constructed on fee simple ownership lots.
ii.
Part of a common interest development.
iii.
Part of a housing cooperative, as defined in Civil Code Section 817.
iv.
Constructed on land owned by a community land trust as defined in and meeting the requirements of Government Code Section 66499.41.
v.
Part of a tenancy in common, as described in Section 685 of the Civil Code.
f.
Minimum Density. The subdivision must meet one of the following:
i.
If the existing parcel is identified in the housing element for the current planning period, the subdivision must result in at least as many units as projected for the parcel in the housing element.
ii.
If the existing parcel is not identified in the housing element for the current planning period, the subdivision must result in at least 66 percent of the maximum density allowed in the applicable zoning district or 13.2 units per acre, whichever is greater. For parcels in a zoning district without a maximum density, the subdivision must result in at least 13.2 units per acre.
g.
Unit Affordability. The subdivision shall comply with both of the following:
i.
The subdivision shall comply with BMC § 17.90.050 (Inclusionary housing).
ii.
If the parcel is identified in the housing element for the current planning period to accommodate low- or very low-income households, the subdivision must result in at least as many low- or very low-income units as projected in the housing element. Such units shall be subject to a recorded affordability restriction of at least 45 years.
h.
Maximum Floor Area.
i.
The average total area of floor space of the dwelling units shall not exceed 1,750 net habitable square feet.
ii.
For purposes of this subsection, "net habitable square feet" means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
i.
Map Act Compliance. The subdivision shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in this section and Government Code Section 66499.41.
j.
Compliance with Dwelling Unit Standards. The subdivision shall comply with all applicable standards in subsection (D) of this section (Unit Development) and Government Code Section 65852.28.
k.
Utilities. The newly created parcels shall be served by a public water system and a municipal sewer system.
l.
Existing Dwelling Units. The proposed subdivision shall not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
m.
Objective Standards. The proposed subdivision shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design review standards that are not inconsistent with this section or Government Code Sections 65852.28 and 66499.41.
n.
Homeowners' Association. The city shall not require the proposed development to form a homeowners' association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
o.
Urban Lot Splits. A newly created parcel may not be further subdivided with an urban lot split as provided in Government Code Section 66411.7.
D.
Unit Development. The following requirements apply to a proposed dwelling unit on a lot created through a small lot subdivision:
1.
Ministerial Approval. A dwelling unit that complies with all standards in this section shall be approved ministerially upon issuance of a building permit. No other permit, discretionary review, or public hearing is required.
2.
Building Permits.
a.
General. The city shall issue a building permit for a dwelling unit on a lot created through a small lot subdivision if both of the following conditions are met:
i.
The city has approved a tentative map or parcel map for the subdivision; and
ii.
The city has deemed the building permit application complete and in compliance with all applicable standards.
b.
Application Information and Materials.
i.
The city shall provide the applicant with one or more lists that specify in detail the information required for the building permit application. The city shall post such list or lists to the city's website.
ii.
The city shall direct the applicant to an example of a complete, approved building permit application for either:
(A)
A small lot subdivision project; or
(B)
Another type of housing development project as specified in Government Code Section 65913.3(a)(2) if the city has not approved a building permit for a small lot subdivision.
c.
Completeness Review.
i.
The city shall determine if the application the building permit application is complete and provide written notice of this determination to the applicant not later than 15 working days after the city receives the application.
ii.
If the city determines that the application is incomplete, the city shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The city may require only the items that are included in the posted list.
iii.
If the city determines that the building permit application is complete the city shall immediately notify the applicant of the determination via email.
d.
Conditions and Guarantees.
i.
The city may condition issuance of the building permit on recordation of a covenant and agreement that a certificate of occupancy will not be issued until the final map has been recorded.
ii.
Any dedication, improvement, and sewer requirements in the approved tentative or parcel map (or conditions of approval) must be guaranteed at the time of building permit issuance, and the city may require security up to 300 percent of the cost of the improvement/work to be performed.
3.
Standards.
a.
General.
i.
Dwelling units shall comply with all applicable objective zoning, subdivision, and design review standards related to the housing development or to the design or improvement of a parcel.
ii.
Notwithstanding subsection (D)(3)(a)(i) of this section , the city shall not impose any standard that:
(A)
Conflicts with a standard in this section or Government Code Sections 65852.28 and 66499.41; or
(B)
Physically precludes the development of a project built to the minimum allowed densities specified in subsection (C)(3)(f) of this section (Minimum Density).
b.
Setbacks.
i.
No required yard between dwelling units is established, though building separation may be required by the California Building Code (Title 24 of the California Code of Regulations).
ii.
Required rear and side yards adjoining an existing lot line are four feet, except that no yard is required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
iii.
A minimum front yard adjoining an existing lot line is as required in the applicable zoning district.
c.
Parking.
i.
A minimum of one off-street parking space is required per dwelling unit except as provided in subsection (D)(3)(c)(ii) of this section. Required parking spaces may be unenclosed and uncovered.
ii.
No off-street parking is required in the following cases:
(A)
The newly created parcel is located within one-half mile walking distance of either a high- quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B)
There is a car share vehicle located within one block of the newly created parcel. A car share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization that meet all the following criteria:
(1)
Provides hourly or daily service;
(2)
Vehicle reservations are processed and paid for using an on-line system;
(3)
Vehicles can be accessed where they are parked without having to go to a different physical location to execute a contract and/or pick up the keys; and
(4)
Fleet has more than five cars in Benicia and more than 20 cars in Solano County.
d.
Floor Area Ratio. Any floor area ratio standard established in the zoning ordinance does not apply to a dwelling unit on a lot created through a small lot subdivision. (Ord 25-12 § 3).
§ 17.90.140 Rebuilding multifamily dwellings.
The city shall allow for the reconstruction, restoration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed as provided in Government Code Section 65852.25. (Ord 25-12 § 3).
§ 17.90.150 Multi-unit development in the RS district.
A.
Purpose.
1.
The purpose of this section is to advance the goals of the housing element by encouraging multi-unit SB 9 development in specified locations in the RS zoning district.
2.
As used in this section, the term "SB 9 units" means dwelling units proposed pursuant to Government Code Sections 66411.7 and 65852.21.
B.
Applicability. This section applies to sites located adjacent to minor arterial roadways in Census Tracts 2521.4, 2521.5, 2521.6, and 2521.7 (Rose Drive, Cambridge Drive, Hastings Drive, Panorama Drive, Chelsea Hills Drive). See Figure 17.90-1.
Figure 17.90-1: Parcels Adjacent to Minor Arterials in Census Tracts 2521.4,2521.5, 2521.6, 2521.7  |
C.
Standards. Proposed SB 9 units on sites identified in Figure 17.90-1 are subject to the following standards:
1.
General. Except as modified below, the SB 9 units shall comply with all applicable standards in Government Code Sections 66411.7 and 65852.21.
2.
Maximum Height and Floor Area.
a.
For SB 9 units that comply with the minimum yard requirements of the RS district, the maximum building height is 25 feet and the maximum unit size is 1,250 square feet.
b.
For SB 9 units that do not comply with the minimum yard requirements of the RS district, the maximum building height is 16 feet and the maximum unit size is 800 square feet.
3.
Coverage. The maximum lot coverage is 50 percent.
4.
Exceptions to Standards.
a.
For SB 9 units that comply with the minimum yard requirements of the RS district, the city shall not impose any objective zoning code standards that would physically preclude units with a height of up to 25 feet and a unit size of up to 1,250 square feet.
b.
For example, if the minimum site landscaping standard in the R-S district (minimum 35 percent) would physically preclude proposed SB 9 units of up to 1,250 square feet, the city shall grant an exception to the site landscaping standard for the proposed SB 9 units.
c.
The development services director shall grant an exception to the applicable standard to the minimum extent necessary to comply with this section. (Ord 25-12 § 3).
§ 17.90.160 Housing for religious and community institutional uses.
A.
Purpose and Intent. This section is supplementary to California Government Code Section 65913.16, and establishes regulations to permit housing development, inclusive of affordable housing, on properties owned, operated, and developed by religious and certain community institutional uses, in order to expand upon the provisions of California Government Code Section 65913.16 by:
1.
Accommodating housing consistent with 2023-2031 Housing Element, and any amendments thereto;
2.
Expanding opportunities for housing, including affordable housing, in association with religious and community institutions;
3.
Enabling efficient use and development of land resources;
4.
Providing appropriate standards and criteria for reviewing proposals for new construction and other development subject to the provisions of this section; and
5.
California Government Code Section 65913.16 regulations shall apply to the use classifications outlined in this section.
B.
Applicability.
1.
This section permits multifamily and accessory dwelling units (ADUs) in association with religious and community institutional uses, where such uses exist as of January 1, 2024, and are permitted or conditionally permitted in the following districts or zones:
a.
Residential (R) Districts. Single-family residential (RS), medium-density residential (RM), and high-density residential (RH).
b.
Commercial (C) Districts. Community commercial (CC), office commercial (CO), and general commercial (CG).
c.
Public and semipublic (PS) district.
d.
Downtown Mixed Use Master Plan (DMUMP). Neighborhood general-open (NG-O) and town core-open (TC-O).
2.
For the purposes of this section, religious and community institutional uses include the following use classifications only:
a.
Religious assembly uses;
b.
Convalescent facilities; and
c.
Emergency shelters.
3.
Accessory Use. Housing units permitted pursuant to this section shall be considered accessory to the main use of the site and shall not be considered to exceed the allowable density for the lot or parcel upon which they are located.
a.
Limited Application. This section shall apply only to a religious and a community institution use for the purposes specified in subsection (B)(2) of this section.
b.
This section shall be applied in combination with the requirements of Government Code Section 65913.16 as they currently exist or may hereinafter be amended.
C.
Use Regulations.
1.
ADUs. Up to four accessory dwelling units (ADUs) and up to four junior accessory dwelling units (JADUs) shall be permitted if compliant with the provisions of this section, qualifies and meets criteria of Government Code Section 65913.16 and in accordance with the procedures and standards of BMC § 17.90.020 when affordable housing development may not be feasible.
2.
Multifamily. Up to four multifamily units shall be permitted, when compliant with the provisions of this section, as well as qualifies and meets criteria of Government Code Section 65913.16.
3.
Notwithstanding subsections (C)(1) and (C)(2) of this section, up to a total of eight dwelling units (inclusive of ADUs and multifamily units) may be permitted on an eligible site.
D.
Parking. Parking shall be required for residential uses pursuant to Chapter 17.74 BMC; except as otherwise provided in Government Code Section 65913.16.
E.
Design Standards.
1.
ADUs and JADUs shall comply with all standards of BMC § 17.70.060.
2.
Multifamily units shall comply with the objective planning and design standards pursuant to BMC § 17.90.070. In addition, the following standards shall be applicable in a R, C or PS district:
a.
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.
b.
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.
F.
Development Plan Review.
1.
ADUs and JADUs provided pursuant to this section are exempt from design review pursuant to BMC § 17.108.020. Development plans shall be reviewed in accordance with the permitting process identified in BMC § 17.90.020.
2.
Multifamily housing provided pursuant to this section shall be reviewed in accordance with BMC § 17.108.020(C)(1), Objective Ministerial Review – Use by Right. (Ord 25-12 §§ 3, 12).
§ 17.98.010 Purposes.
This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction.
(Ord. 87-4 N.S., 1987)
§ 17.98.020 Continuation and maintenance.
A.
A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this title, or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.
B.
A structure, lawfully occupying a site on the effective date of this title, or of amendments thereto, that does not conform with the standards for front yards, side yards, rear yards, height, or floor area of structures, driveways, courts, or open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.
C.
A use that does not conform with the parking, loading, planting area, screening or animal regulations of the district in which it is located shall not be deemed a nonconforming use solely because of these nonconformities.
D.
Routine maintenance and repairs may be performed on a structure, the use of which is nonconforming; and on a nonconforming structure.
(Ord. 87-4 N.S., 1987)
§ 17.98.030 Alterations and enlargements of nonconforming uses and structures.
A.
No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconformity, except that a structure housing a nonconforming residential use in an R or C district may be altered but not enlarged; provided, that the number of dwelling units is not increased.
B.
No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
C.
No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site, which it did not occupy on the effective date of the ordinance codified in this title or of the amendments thereto that caused it to become a nonconforming use occupying a structure or site, except as permitted in this section.
D.
No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts or usable open space prescribed in the regulations for the district in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yards, side yards, rear yards, height of structures, basic floor area, distances between structures, driveways, courts or usable open space prescribed in the regulations for the district in which the structure is located.
E.
The nonconforming use of a structure or site shall not be changed to another nonconforming use.
F.
No use which fails to meet the performance standards of BMC § 17.70.240 shall be enlarged or extended, or shall have equipment that results in failure to meet required conditions replaced unless the enlargement, extension or replacement will result in elimination of nonconformity with required conditions.
(Ord. 87-4 N.S., 1987)
§ 17.98.040 Abandonment of nonconforming use.
A nonconforming use that is discontinued or changed to a conforming use for a continuous period of 120 days or more shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located; provided, that this section shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use.
(Ord. 87-4 N.S., 1987)
§ 17.98.050 Restoration of a damaged structure.
A.
Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within six months and diligently pursued to completion.
B.
Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.
C.
The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the building official.
(Ord. 87-4 N.S., 1987)
§ 17.98.060 New occupancy on a site having certain nonconforming site features.
An applicant for a zoning permit in a C or I district for occupancy of a site or structure that is nonconforming due to lack of screening of mechanical equipment, required walls or fences to screen parking, required paving for driveways, or required planting areas, shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The development services director may require that priority be given to the elimination of nonconformities that have significant adverse impacts on surrounding properties and shall not require a commitment to remove nonconformities that have minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
§ 17.98.070 Alteration or expansion of a preexisting use for which a use permit is required.
No preexisting use, established prior to the enactment of a use permit requirement under this chapter, shall be altered or expanded without first obtaining a use permit for the alteration or expansion. "Expansion" is interpreted as enlargement or extension of the use so as to occupy any part of the structure or site, or another structure or site, which it did not occupy on the effective date of the use permit requirement. "Alteration" is defined as:
A.
A change the cost of which equals or exceeds $20,000,000 or equals or exceeds 25 percent of the current assessed valuation of the existing facility or structure, whichever is less; or
B.
A change which substantially alters the character or operation of the existing use including, but not limited to, hours of operation or scope of activities or services.
Alteration does not include any project that consists only of maintenance or repair of an existing facility or structure. |
The $20,000,000 threshold shall be increased or decreased annually in April, beginning in 1994, by the amount of increase or decrease in the Consumer Price Index. At the option of the project owner or applicant, 25 percent of current appraised value may be substituted for 25 percent of assessed value, based upon an appraisal submitted to the city by the owner or applicant. |
(Ord. 93-3 N.S. § 5, 1993)
