Benicia, CA Zoning Ordinance

Benicia City Zoning Code

Division V

ADMINISTRATION

(Repealed by Ord. 25-12)

§ 17.100.010 Purpose and applicability.

To ensure that each new or expanded use of a site and each new or expanded structure complies with this title, a zoning permit shall be required prior to issuance of a building permit, certificate of occupancy, business license, grading permit, or utility service connection.

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

§ 17.100.020 Application for zoning permit.

An application for a zoning permit shall be filed with the development services department on a form provided by the city and shall include a statement that the applicant is the property owner or authorized agent.

The development services director may require that applications for a zoning permit for grading that will affect more than 200 cubic yards of earth be accompanied by plans and related materials showing the proposed development, alteration, enlargement, or reuse of the property affected.

A zoning permit for grading may be issued by the development services director prior to any discretionary approvals needed for a project for one or more of the following reasons:

Emergency situations;

Remedial or erosion control purposes;

Temporary access roadway or fire lane;

Exploratory excavations under the direction of soil engineers or engineering geologists;

Excavations for utilities;

Work conducted in any city street, public right-of-way, or easement when the work is for a public facility, utility, or other public purpose;

Surcharge fill to prepare sites for development in an existing subdivision;

Where the grading of a site has been specifically approved for borrow or fill as part of a separate project approved by the city;

Grading work within industrial zoned property in accordance with all of the following requirements:

Grading on existing parcels less than 10 acres in area;

Grading with cuts and/or fills of less than four feet;

Grading on property where 80 percent or more of area to be graded has existing slopes of less than 10 percent;

10.

Grading work within commercial zoned property in accordance with all of the following requirements:

Grading of less than 5,000 cubic yards;

Grading with cuts and/or fills of less than four feet;

Grading on property where 80 percent or more of area to be graded has existing slopes of less than 10 percent.

Notwithstanding the provisions of subsections (C)(9) and (10) of this section, the development services director shall have no authority to issue a permit, for the grading work specified therein, when such work is to occur on land located within that portion of the IW water-related industrial district designated in Ordinance No. 95-14 N.S., on land located within the arsenal historic conservation district as shown in the plan adopted by the city council per Resolution No. 93-156, and on land located within the downtown historic conservation district as shown in the plan adopted by the city council per Resolution No. 90-165, copies of which are maintained on file with the city clerk. Grading permits for work to be conducted on land within the area designated in that ordinance shall be processed according to the provisions of subsection (E) of this section.

All other zoning permits for grading issued prior to any other discretionary approvals shall require a use permit from the city council following review by the planning commission in accordance with the notice and public hearing requirements of BMC § 17.108.080.

Upon receiving an application for a grading permit to be issued under the provisions of subsections (C)(9) or (10) of this section, the development services director shall publish in a newspaper of general circulation within the city a notice of intent to issue such permit on the date specified in the notice. The decision of the development services director shall be final, unless appealed by any interested party, under the procedures specified in Chapter 1.44 BMC.

(Ord. 87-4 N.S., 1987; Ord. 92-9 § 22, 1992; Ord. 96-5; Ord. 07-65 § 1; Ord. 25-09 §§ 3, 4)

§ 17.100.030 Duties of development services director.

The development services director shall issue a zoning permit upon determining that the use or structure complies with this title and that environmental documentation, if any, required by the California Environmental Quality Act (CEQA) is complete.

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

§ 17.100.040 Effective date – Lapse of permit – Appeals.

A zoning permit shall be effective on issuance and shall lapse upon the lapse or revocation of a permit required as a condition of issuance of the zoning permit or until affected by amendment of this title. Denial of a zoning permit shall be subject to appeal by the applicant, as prescribed in Chapter 1.44 BMC.

(Ord. 87-4 N.S., 1987; Ord. 07-65 § 2)

§ 17.100.050 Development plans.

Any changes to development plans following issuance of a zoning permit but prior to issuance of a building permit shall require a new zoning permit if the changes affect compliance with this title. The development services director may waive the requirement for a new zoning permit if the changes to approved plans are minor, do not involve substantial alterations or additions to the plans, and are consistent with the intent of the original approval.

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

§ 17.100.060 Environmental review.

A project that is not ministerially or categorically exempt from CEQA and is the subject of an application for a discretionary approval, including a general plan amendment, zoning map amendment, design review, use permit, variance, master plan, specific plan, PD plan, HD plan, or NC plan, shall be the subject of a negative declaration or an environmental impact report (EIR). (See city of Benicia environmental review guidelines for more detailed information.)

Determination of Lead Agency. The development services director or designee, as the city's environmental coordinator, shall be the lead city department, the city department having the broadest responsibility for carrying out a public project or recommending approval of a private project. The development services director or designee, as the city's environmental coordinator, shall designate, as lead agency body, the city body having the broadest discretionary approval responsibilities for a particular project. The terms "lead city department" and "lead agency body" as used in this section shall be interpreted with reference to CEQA Guideline Sections 15050 to 15053 (Title 14, California of Code Regulations, Chapter 3).

The development services director's decision on the applicability of an exemption or the lead agency determination shall be subject to appeal as prescribed in Chapter 1.44 BMC.

Duties of Responsible Agencies. Individuals and bodies other than the lead agency shall have the powers and responsibilities assigned to responsible agencies by CEQA and CEQA guidelines.

(Ord. 87-4 N.S., 1987; Ord. 05-03 § 5; Ord. 05-04 § 1; Ord. 07-65 § 3; Ord. 25-09 § 4)

§ 17.100.070 Fees and deposits.

All persons submitting applications for permits, as required by this title, or filing appeals shall pay all fees and/or deposits as provided by the city council's resolution or resolutions establishing applicable fees and charges. Said resolution or resolutions are hereby incorporated by reference as though fully set forth herein.

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

§ 17.100.080 Zoning administrator.

The development services director shall serve as the zoning administrator, or he or she may delegate the function of zoning administrator to any of the qualified professional planners in the development services department. The zoning administrator may conduct hearings and approve, disapprove or approve with conditions any application for which the decision-making authority is specifically assigned to the development services director in the individual chapters of this title. Decisions of the zoning administrator to approve, approve with conditions, or disapprove a project may be appealed to the planning commission in accordance with the provisions of Chapter 1.44 BMC. The development services director, in consultation with the city manager, may refer a planning application to the planning commission. Referrals may be warranted when a project or proposal involves a significant policy issue, or when an environmental impact report has been prepared.

(Ord 92-15 N.S. § 14, 1992; Ord 99-1 N.S.; Ord. 07-65 § 4; Ord. 25-09 §§ 3, 4)

§ 17.102.010 Purpose.

It is the purpose and intent of this chapter of the Benicia Municipal Code to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; degradation of the city's commercial and industrial base; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(Ord. 09-01 § 7)

§ 17.102.020 Definitions.

The words and phrases included in this chapter shall employ the definitions found in Chapter 5.44 BMC, Adult Business Licenses and Operating Regulations, unless it is clearly apparent from the context that another meaning is intended.

In addition to those definitions set forth in Chapter 5.44 BMC, the following definitions shall apply to this chapter:

"Park"

shall mean a city park so designated on the general plan or zoning map of Benicia.

"School"

shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(Ord. 09-01 § 7)

§ 17.102.030 Location of adult businesses.

Adult businesses, as defined in Chapter 5.44 BMC, shall be:

Located exclusively in the C-G, community general zone; IL, limited industrial zone; IG, general industrial zone; and IP, industrial park districts zone.

Distanced 500 feet from any residentially zoned property which includes the city's RS single-family residential; RM medium-density residential; and RH high-density residential. The distance between the adult use and the residentially zoned property shall be measured from the closest exterior wall of the adult use and the nearest property line included within the residential zone, along a straight line extended between the two points, without regard to intervening structures.

Distanced 500 feet from any park or school. The distance between the adult use and the park or school shall be measured from the closest exterior wall of the adult use and the nearest property line included within the park or school, along a straight line extended between the two points, without regard to intervening structures.

Any person violating or causing the violation of any of these locational provisions regulating adult business shall be subject to the remedies of BMC § 17.102.040.

(Ord. 09-01 § 7)

§ 17.102.040 Violations.

Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

In addition to the remedies set forth in subsection (A) of this section, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Ord. 09-01 § 7)

§ 17.104.010 Purposes.

This chapter provides the flexibility in application of land use and development regulations necessary to achieve the purposes of this title by establishing procedures for approval, conditional approval, or disapproval of use permit and variance applications.

Use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Cost to the applicant of strict compliance with a regulation shall not be the sole reason for granting a variance.

Variances may be granted with respect to fences, walls, landscaping, screening, site, area, site dimensions, yards, height of structures, courts, distances between structures, open space, signs, off-street parking and off-street loading, frontage, and performance standards.

Authorization to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this title is provided by the use permit process for specified uses and by the authority of the planning commission to determine whether a specific use belongs within one or more of the use classifications listed in Chapter 17.16 BMC.

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

§ 17.104.020 Authority of planning commission and development services director.

Planning Commission. The planning commission shall approve, conditionally approve, or disapprove applications for use permits or variances subject to the general purposes of this title, the specific purposes of the base or overlay zoning district in which a development site is located, and the provisions of this chapter, unless authority for a decision on a use permit is specifically assigned to the development services director in the individual chapters of this title.

Development Services Director.

The development services director shall approve, conditionally approve or disapprove applications for variances related to single-family residences subject to the general purposes of this title, the specific purposes of the base or overlay zone in which a development site is located, and the provisions of this chapter.

The development services director may refer any application to the planning commission for review and final decision.

(Ord. 87-4 N.S., 1987; Ord. 92-15 N.S. § 15, 1992; Ord. 22-03 § 15; Ord. 25-09 § 4)

§ 17.104.030 Initiation.

Applications for use permits and variances shall be initiated by submitting the following materials to the development services department:

A completed application form, signed by the property owner or authorized agent, accompanied by a fee established by city council resolution, plans and mapping documentation in the form prescribed by the development services director;

A map showing the location and street address of the development site and all lots within 300 feet of the boundaries of the site; and

A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owners of record of each lot within 300 feet of the boundaries of the site. This list shall be keyed to the map required in subsection (B) of this section.

(Ord. 87-4 N.S., 1987; Ord. 17-10 § 21; Ord. 25-09 §§ 3, 4)

§ 17.104.040 Notice and public hearing.

Public Hearing Required. The planning commission or the development services director, as the case may be, shall hold a public hearing on an application for a use permit or variance.

Time of Hearing. Within three working days after acceptance of a completed application, the development services director shall set a time and place for a public hearing to be held within 60 days.

Notice. Notice of the hearing shall be given in the following manner:

Posted Notice. Notices shall be posted at least 10 days prior to the hearing on the site of the project.

Mailed or Delivered Notice. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 500 feet of the boundaries of the site, as shown on the last equalized property tax assessment roll.

Contents of Notice. The notice of public hearing shall contain:

A description of the location of the development site and the purpose of application;

A statement of the time, place and purpose of the public hearing;

A reference to application materials on file for detailed information; and

A statement that any interested person or an authorized agent may appear and be heard.

Multiple Applications. When applications for multiple use permits or variances on a single site are filed at the same time, the development services director shall schedule a combined public hearing.

(Ord. 87-4 N.S., 1987; Ord. 14-02 § 2; Ord. 25-09 § 4)

§ 17.104.050 Duties of planning commission and development services director.

Public Hearing. The planning commission or development services director, as the case may be, shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

Decision and Notice. Within 10 working days of the conclusion of a public hearing, the planning commission or the development services director, as the case may be, shall:

Approve, conditionally approve, or disapprove the application;

Mail notice of the decision to the applicant and any other party requesting such notice.

Limits on Conditions of Approval. Conditions of approval of a use permit shall not include use, height, bulk, density, open space, parking, loading or sign requirements less restrictive than those prescribed by applicable district regulations, except as provided in the following sections of the code: BMC § 17.70.180, Exceptions to height limits; BMC § 17.90.030, Affordable housing density bonus and other incentives; BMC § 17.74.040, Collective provision of parking; BMC § 17.74.060, Reduced parking for other uses; Chapter 17.84 BMC, Cannabis; and Chapter 9.60 BMC, Cannabis Public Safety License. (Ord 25-12 § 12; Ord. 25-09 § 4; Ord. 18-05 § 36; Ord. 92-15 N.S. § 16, 1992; Ord. 89-1 N.S. § 45, 1989; Ord. 87-4 N.S., 1987).

§ 17.104.060 Required findings.

The planning commission or the development services director, as the case may be, shall approve an application for a use permit or variance as it was applied for or in modified form if, on the basis of the application, plans, materials and testimony submitted, the planning commission or development services director finds:

For Use Permits.

That the proposed location of the use is in accord with the objectives of this title and the purposes of the district in which the site is located;

That the proposed location of the conditional use and the proposed conditions under which it would be operated or maintained will be 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;

That the proposed conditional use will comply with the provisions of this title, including any specific condition required for the proposed conditional use in the district in which it would be located.

For Variances.

That because of special circumstances or conditions applicable to the development site, including size, shape, topography, location or surroundings, strict application of the requirements of this title deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare; and

That granting the application is consistent with the purposes of this title and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district; and, if applicable,

OS District Only. That granting the application is consistent with the requirements of Section 65911 of the Government Code and will not conflict with general plan policies governing orderly growth and development and the preservation and conservation of open space lands.

(Ord. 87-4 N.S., 1987; Ord. 92-15 N.S. § 17, 1992; Ord. 25-09 § 4)

§ 17.104.070 Conditions of approval.

In approving a use permit or variance, the planning commission or development services director, as the case may be, may impose reasonable conditions necessary to:

Achieve the general purposes of this title or the specific purposes of the zoning district in which the site is located;

Protect the public health, safety, and general welfare;

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

(Ord. 87-4 N.S., 1987; Ord 92-15 N.S. § 18, 1992; Ord. 25-09 § 4)

§ 17.104.080 Effective date – Appeals.

A use permit or variance shall become effective at the end of the appeal period, unless appealed to the city council in the case of a decision by the planning commission, or to the planning commission in the case of a decision by the development services director, as provided in Chapter 1.44 BMC.

(Ord. 87-4 N.S., 1987; Ord. 92-15 N.S. § 19, 1992; Ord. 07-66 § 1; Ord. 25-09 § 4)

§ 17.104.090 Lapse and renewal – Transferability – Discontinuance – Revocation.

Lapse of Approval. A use permit or variance shall lapse two years, or at an alternative time specified as a condition of approval, after its date of approval unless:

A building permit has been issued and construction diligently pursued; or

A certificate of occupancy has been issued; or

The use is established; or

The use permit or variance is renewed.

Renewal. A use permit or variance may be renewed once for a maximum of one year by the development services director without notice or public hearing if the director determines that the findings made and conditions imposed on the original approval still apply. Application for renewal shall be made in writing prior to the lapse of the original approval, but no more than 120 days prior to that date.

Transferability. The validity of a use permit or a variance shall not be affected by changes in ownership, except that use permits for cannabis-related businesses shall not be transferred to new owners and shall be subject to Chapter 17.84 BMC, Cannabis, and Chapter 9.60 BMC, Cannabis Public Safety License.

Discontinuance. A use permit or variance shall lapse if the exercise of rights granted by it is discontinued for six consecutive months.

Revocation. A use permit or variance that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in BMC § 17.128.060.

(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 46, 1989; Ord. 18-05 § 37; Ord. 25-09 § 4)

§ 17.104.100 Changed plans – New application.

Changed Plans. A request for changes in the conditions of approval of a use permit or variance, or a change to development plans that would affect a condition of approval, shall be treated as a new application.

New Application. If an application for a use permit or variance is disapproved, no new application for the same, or substantially the same, use permit or variance shall be filed within one year of the date of denial of the initial application.

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

§ 17.104.110 Temporary use permits.

A temporary use permit authorizing certain temporary use classifications, not including cannabis-related businesses or uses, shall be subject to the following provisions:

Application and Fee. A completed application form and the required fee shall be submitted to the development services director. The development services director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use.

Duties of the Development Services Director. The development services director shall approve, approve with conditions, or deny an application within two weeks. No notice or public hearing shall be required.

Required Findings. The application shall be approved as submitted or in modified form if the development services director finds:

That the proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of this title; and

That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

Conditions of Approval. In approving a temporary use permit, the development services director may impose reasonable conditions necessary to:

Achieve the general purposes of this title and the specific purposes of the zoning district in which the temporary use will be located;

Protect the public health, safety, and general welfare;

Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area.

Effective Date – Duration – Appeals. An approved temporary use permit shall be effective on the date of its approval; a disapproval permit may be appealed by the applicant, as provided in Chapter 1.44 BMC. The permit shall be valid for a specified time period not to exceed one year. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the development services director, effective immediately, upon verbal or written notice for violation of the terms of the permit. The development services director may approve changes in a temporary use permit.

(Ord. 87-4 N.S., 1987; Ord. 89-1 §§ 47, 48, 1989; Ord. 07-66 § 2; Ord. 18-05 § 38; Ord. 25-09 § 4)

§ 17.108.010 Purposes.

Design review is intended to implement general plan policies. More specifically, the purposes of design review are to:

Ensure that the location and configuration of structures do not block city-designated scenic views and vistas as identified in the Benicia general plan and any adopted conservation plan or specific plan;

Ensure that the architectural design of structures, their materials and colors include commonalities with surrounding development and the natural landforms and vegetation of the areas in which they are proposed to be located;

Ensure that plans for the landscaping of open spaces conform with the requirements of this title;

Prevent unnecessary grading of hillsides, and preserve natural landforms and existing vegetation where feasible;

Ensure the provision of adequate, safe and efficient parking and circulation areas, which conform to the requirements of this title; and

Ensure that new development is consistent with specific design standards developed for use within the community, where applicable, and to any adopted conservation plan, specific plan or planned development plan.

(Ord. 23-06 § 2)

§ 17.108.020 Applicability.

In an H Historic Overlay District. Design review approval shall be required prior to issuance of a building permit(s) for projects that involve demolition, construction, or exterior alteration as set forth in BMC § 17.108.030.

In All Other Districts. Design review approval shall be required prior to issuance of a building permit for projects that involve new construction, exterior alterations and additions.

Objective Ministerial Review. For projects that are not otherwise exempt as set forth in subsection (E) of this section, design review shall be conducted ministerially for the following pursuant to the procedures of BMC § 17.108.050 (Procedures for objective design review). Applicants can elect to submit their project for discretionary review subject to subsection (D) of this section and the responsibilities and procedures of BMC § 17.108.040.

Use by Right. Housing development projects identified as use by right pursuant to the applicable provisions of state law.

Multifamily and Mixed Use.

Mixed use and multifamily housing development of up to four units outside of an H overlay district, consistent with the applicable standards of Chapter 17.64 BMC;

Multifamily and mixed use residential development up to two stories in the MU-L and MU-I districts consistent with applicable standards in Chapter 17.26 BMC.

Discretionary Review. For projects that are not otherwise exempt as set forth in subsection (E) of this section, and that are not subject to BMC § 17.108.050, design review shall be conducted as a discretionary action pursuant to the responsibilities and procedures of BMC § 17.108.040.

Exemptions. The following projects are exempt from design review, subject to compliance with all other applicable requirements of the municipal code and determination by the development services director or their designee prior to building permit issuance:

Repairs and replacements of a minor, routine nature that do not modify the exterior appearance of a structure, including but not limited to:

Replacement of a roof, including change of color, when there are no structural or architectural changes.

Replacement of an existing door or window:

On a historic structure. Replacement of a door or window with a new door or window of the same dimensions, textural and visual material characteristics, and overall appearance as the existing feature or to restore the door or window to the original design and materials based on evidence or documentation.

ii.

On a nonhistoric structure. Replacement of a door or window with a new door or window of a similar appearance or to restore the door or window to the original design based on evidence or documentation. The replacement door or window does not need to match the textural or visual material characteristics of the existing feature.

Removal of a roof projection or mechanical appurtenance. On a historic structure, this is limited to instances where there is no alteration to a fireplace or chimney flue affixed to an exterior wall.

Repair of a porch, stair or handrail, including repairs that require limited changes to dimensions only for purposes of compliance with the requirements of the California Building Code or California Residential Code (e.g., rise of stair treads, height of handrail, spacing of pickets).

Replacement of a building foundation where the height of a structure does not increase by more than 18 inches and there is no change in the number, size or arrangement of window openings, building entrances or exterior cladding material.

Repainting an existing painted exterior surface, including change of color;

Single-family residences and related accessory structures that are located outside of an H historic overlay district, unless otherwise specified in an adopted planned development plan or specific plan;

Exterior alteration of a nonhistoric residence in the eastern residential area of the downtown historic district;

Accessory dwelling units and carriage units;

An accessory structure located in a rear yard that does not exceed 250 square feet;

Exterior alteration to the rear or side wall of a nonhistoric building or exterior alteration of an accessory structure, where the alteration does not result in the vertical nor horizontal expansion of the building;

Signs, fabric awnings, light fixtures, mailboxes, mechanical equipment and similar appurtenances;

Site alterations and buildings in the IL, IG, IW, and IP districts that are not located in an H historic overlay district and are less than 50,000 square feet;

Landscaping or landscape features, inclusive of fences up to six feet in height, landscape planters, retaining walls up to four feet in height, rear yard decks and platforms, where no grading permit is required. In a historic district, this exemption shall not apply to the removal of the following in a front yard or adjoining right-of-way: cast-in-place concrete or masonry walls, wrought iron fencing, protected trees, and hitching posts;

10.

Sidewalks and public access ways; and

11.

Emergency stabilization of an unsafe condition to address an imminent threat to public health and safety, without demolition.

(Ord. 23-06 § 2; Ord. 25-09 § 4)

§ 17.108.030 Review responsibilities.

Outside of an H Historic Overlay District.

Administrative.

The development services director shall be responsible for design review for:

Projects greater than 50,000 square feet of gross floor area and/or equivalent site alteration in the IG, IL, IW and IP.

ii.

Projects outside the industrial districts that involve construction of less than 2,500 square feet of floor area and/or equivalent site alteration.

iii.

Projects utilizing Tier 1 incentives under the city's community benefit program per BMC § 17.90.080 (Community benefits program).

iv.

Projects subject to objective design review pursuant to BMC § 17.108.050.

Commission. The planning commission shall be responsible for design review for projects that are not subject to administrative review as specified in subsection (A) of this section.

In an H Historic Overlay District.

Administrative. The development services director shall be responsible for design review for:

Projects subject to objective design review pursuant to BMC § 17.108.020(C).

Any project that is not subject to review by the historic preservation review commission as specified in subsection (B)(2) of this section.

Commission. The historic preservation review commission shall conduct design review for any project that would:

Demolish, partially demolish, relocate or remove a historic building.

Alter the street-facing building wall or the character-defining feature(s) of any historic building. "Character-defining features" means the overall shape of the building, its materials, craftsmanship and decorative details, inclusive of those features identified on a historic resources inventory (State of California DPR Form 523A or equivalent). "Street-facing building wall" shall have the same meaning as set forth in BMC § 17.12.030.

Construct a principal structure or building addition with one or more street-facing building walls.

Referral to Commission. The development services director may refer any discretionary design review application pursuant to subsection (A)(1) or (B)(1) of this section to the respective commission for public hearing and decision.

Exceptions to Criteria.

The development services director or their designee may authorize minor deviations from the following standards: timing of construction for an accessory structure, projection of detached garage in the RS district, separation between buildings per BMC § 17.70.050 (Accessory uses and structures), driveway widths per BMC § 17.74.140 (Driveway widths and clearances), and modifications in vehicle space size requirements per BMC § 17.74.100 (Application of dimensional requirements).

In an H historic overlay district, the director or their designee may authorize an exception to criteria for the replacement or repair of an existing nonconforming historic structure without the need for a zoning variance or use permit, where it is determined that the replacement or repair is consistent with the historical footprint and scale of the structure and the pattern of development within the historic district.

(Ord. 23-06 § 2; Ord. 25-09 § 4; Ord. 25-12 § 12)

§ 17.108.040 Procedures for discretionary design review.

Initiation.

A design review project ("development application") shall be initiated by filing an application, authorized by the property owner or authorized agent, accompanied by a fee established by city council resolution, and such plans and documentation as shall be prescribed by the development services director.

Where determination of exemption is necessary prior to issuance of a building permit as set forth in BMC § 17.108.020(E), an application shall be filed by the property owner or authorized agent, accompanied by a fee established by city council resolution, and such plans and documentation as shall be prescribed by the development services director.

Review.

The project shall be reviewed for completeness and consistency with the applicable policies of the Benicia general plan, the requirements of this title and the design guidelines and policies of the applicable historic conservation plan, planned development plan or specific plan.

In an H historic overlay district, design review for demolition shall comply with the applicable procedures of the adopted historic conservation plan and Chapter 17.54 BMC.

A housing development project shall be reviewed for consistency with the objective planning and design standards of the city, pursuant to BMC § 17.90.070.

Public Notice.

Administrative.

Following a determination that the application is complete, notice of a pending design review decision by the development services director shall be given to owners of property located within 300 feet of the subject property and shall be posted on the project site.

Notice shall be provided at least 10 days prior to the administrative action on a form set by the development services director and shall include the project location, a description of the project, a reference to materials on file in the development services department, a statement that any interested party may provide comment, and a date on which the decision is to be made.

Commission. A public hearing shall be required for design review by the planning commission and historic preservation commission. Following a determination that the application is complete, notice of public hearing shall be given pursuant to the procedures prescribed herein and the requirements of Government Code Sections 65090 and 65091.

Posted Notice. Notices shall be posted at least 10 days prior to the hearing on the site of the project.

Decision.

Findings. A decision to approve, conditionally approve, or deny an application shall be based on the findings of compliance with the purposes of this chapter set forth in BMC § 17.108.010 and any applicable design guidelines or planned development plan.

For discretionary design review in an H historic overlay district, a decision to approve, conditionally approve or deny an application shall also include findings of consistency with the Secretary of the Interior's Standards for Treatment of Historic Properties.

A mixed use or multifamily housing development that is consistent with the objective planning and design standards, as provided in BMC § 17.90.070, shall be deemed consistent with the required findings set forth in this subsection.

Any conditions imposed shall be reasonable and designed to assure attainment of the purposes and standards established by this title.

Changes in a project required as a condition of approval shall not include use, density, floor area ratio, parking, or loading requirements more restrictive than those prescribed by applicable district regulations or a valid use permit or variance.

Conditions of approval for a housing development project shall include standard conditions of approval for residential development of two or more units, which are objective and broadly applicable to housing development projects in the city of Benicia. Any additional conditions of approval shall be in accordance with the requirements of Government Code Section 65589.5 as it currently exists or may hereinafter be amended.

The review authority shall approve or conditionally approve a housing development project unless it makes written finding(s) in accordance with Government Code Section 65589.5 as it currently exists or may hereinafter be amended.

(Ord. 23-06 § 2; Ord. 25-09 §§ 3, 4; Ord. 25-12 § 12)

§ 17.108.050 Procedures for objective design review.

Initiation. An objective design review project shall be initiated by filing an application, authorized by the property owner or authorized agent, accompanied by a fee established by city council resolution, and such plans and documentation as shall be prescribed by the development services director.

Review. The project shall be reviewed for completeness and consistency with the objective planning and design standards of the city, pursuant to BMC § 17.90.070.

Decision. A decision to approve or deny an objective design review application shall be rendered by the development services director or their designee and shall be based on the findings of compliance with the objective planning and design standards of the city of Benicia pursuant to BMC § 17.90.070.

Conditions of approval shall be limited to the city of Benicia's standard conditions of approval for residential development of two or more units, which are objective and broadly applicable to housing development projects.

The development services director or their designee shall approve or conditionally approve a housing development project unless they make written finding(s) in accordance with Government Code Section 65589.5 as it currently exists or may hereinafter be amended.

(Ord. 23-06 § 2; Ord. 25-09 § 4; Ord. 25-12 § 12)

§ 17.108.060 Effective date – Lapse and renewal – Alterations.

Effective Date. Design review decisions shall become effective at the end of the appeal period, unless appealed as provided in Chapter 1.44 BMC.

Lapse of Approvals. Design approval shall lapse two years from its effective date unless:

A building permit has been issued and construction diligently pursued;

An occupancy permit has been issued; or

The approval is renewed.

Renewal. The development services director may approve a one-time renewal of design approval for a period of one year upon determining that the findings and conditions of approval remain valid. Application for renewal shall be made in writing prior to the lapse of the original approval, but no more than 120 days prior to that date.

Changed Plans. The development services director may approve changes to approved plans or in conditions of approval without a public hearing upon determining that the changes in conditions are minor and are consistent with the intent of the original approval.

(Ord. 23-06 § 2; Ord. 25-09 § 4)

§ 17.108.070 Appeals.

Appeals shall be subject to the procedures of Chapter 1.44 BMC, except that design review decisions of the development services director for properties in an H historic overlay district shall be appealed to the historic preservation review commission and decisions of the historic preservation review commission shall be appealed directly to the city council.

(Ord. 23-06 § 2; Ord. 25-09 § 4)

§ 17.112.010 Purposes and applicability.

To ensure that new development complies with all applicable requirements of this title, development plans shall be reviewed prior to issuance of a building permit.

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

§ 17.112.020 Prerequisites for review.

The development plan shall not be accepted for review until all discretionary approvals are effective, unless an applicant selects the fast-tracking option prescribed in BMC § 17.112.060(A).

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

§ 17.112.030 Review requirements.

Development plans shall be reviewed by the development services director.

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

§ 17.112.040 Initiation of development plan review.

Development plan review shall be initiated by the property owner or an authorized agent by filing, with the development services director, two copies of all plans and materials specified in BMC § 17.112.050.

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

§ 17.112.050 Required plans and materials.

The following plans and materials shall be submitted; provided, that the development services director may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this title:

A fully dimensioned site plan showing:

The architect's or designer's name, address, and telephone number,

Scale of plan and north arrow,

Street address of site and vicinity map showing the relationship of the site to the surrounding area,

Existing and proposed property lines, right-of-way lines, dedications, and easements,

Locations of existing and proposed structures, driveways, walks and open spaces, and

Locations, heights, and materials of existing and proposed walls and fences;

A statement describing the proposed use and calculations in tabular form showing compliance with applicable density, coverage, parking, and open space regulations;

A fully dimensioned landscape plan if required by BMC § 17.70.190;

A grading plan showing proposed changes in grade and the total volume of land to be cut or filled, with proposed drainage patterns indicated by arrows;

A fully dimensioned parking and loading plan showing:

Locations and dimensions of all parking and loading spaces, driveways and vehicular entrances, with proposed traffic circulation patterns indicated by arrows, and

Calculations showing the number of parking and loading spaces required by size and the number proposed;

Elevations of proposed structures, showing exterior wall openings and describing exterior materials;

Floor plans showing the proposed use and exterior wall openings;

Locations, dimensions, and heights of all signs.

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

§ 17.112.060 Development plan review procedures.

Fast-Tracking Option. Development plan review may be concurrent with one or more discretionary approvals, including use permits, variances, and design review, as prescribed by BMC § 17.112.020, if an applicant requests fast-tracking and acknowledges in writing an understanding of the risk of loss if development plans are disapproved or substantial redesign is required.

Normal Review. The development services director shall check the plans for compliance with:

Standards and requirements of this title;

Conditions of approval established by the development services director, planning commission, historic preservation review commission, or the city council.

The development services director shall notify the applicant of any changes required to achieve compliance with applicable standards and requirements and conditions of approval. Upon receipt of evidence that the project will achieve compliance, the director shall signify approval by signing a development plan approval form that shall be incorporated in the master set of plans to be kept on file in the development services department.

(Ord. 87-4 N.S., 1987; Ord. 13-07 § 2; Ord. 25-09 §§ 3, 4)

§ 17.112.070 Appeals.

A decision disapproving plans may be appealed under the procedures established in Chapter 1.44 BMC.

(Ord. 87-4 N.S., 1987; Ord. 07-68 § 1)

§ 17.116.010 Purpose.

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the state of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of development agreements by the city consistent with state law.

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

§ 17.116.020 Application requirements.

An applicant may propose that the city consider entering into a development agreement pursuant to Article 2.5, Chapter 4, Title 7 of the California Government Code commencing with Section 65864, by filing an application with the development services department. The application shall be accompanied by the following:

A proposed agreement, which shall contain the following:

A legal description of the property sought to be covered by the agreement,

A statement of occurrence in the application by the owner if the applicant is not the fee owner,

A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes,

All proposed conditions, terms, restrictions, and requirements for subsequent city discretionary actions,

The proposed time when construction would be commenced and completed for the entire project and any proposed phases, and

The termination date for the agreement;

A completed initial study form;

A statement documenting that the project is consistent with the general plan and all applicable specific plans;

Such other information as the development services department may require by policy or to satisfy other requirements of law;

The required fee established by city council resolution.

(Ord. 87-4 N.S., 1987; Ord. 17-10 § 22; Ord. 25-09 § 3)

§ 17.116.030 Department review and recommendation.

The department shall, at the applicant's expense and in accord with city procedures for implementation of CEQA, undertake environmental review and, upon completion of such review, transmit the application, together with the department's recommendations thereon, to the planning commission.

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

§ 17.116.040 Public hearing required.

Upon receipt of an application, the results of the environmental review, and the recommendations of the department, the planning commission shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the California Government Code, except that in addition to these requirements, notice shall be mailed to the applicant and to each owner of property, as shown on the last equalized property tax assessment roll, located within 500 feet of the property. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

(Ord. 87-4 N.S., 1987; Ord. 14-02 § 4)

§ 17.116.050 Planning commission action.

After the public hearing is closed, the commission shall recommend either approval, modification, or disapproval of the proposed development agreement. The commission shall transmit its recommendation to the city council within 30 days.

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

§ 17.116.060 City council action.

Upon receipt of the application, the results of the environmental review, and the recommendations of the department and the planning commission, the city council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the same manner as set forth in BMC § 17.116.040.

If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.

After the public hearing is closed, the city council shall approve, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the city council finds that the provisions of the agreement, as submitted or as modified, are consistent with the general plan and with any specific plan. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the mayor and the director to sign the agreement on behalf of the city.

No agreement shall be signed by the mayor and the director until it has been duly signed by the applicant and owner, if the applicant is not the owner. If the applicant has not signed and returned the approved agreement to the mayor and the director for signing within 30 days of council approval, said application shall be deemed withdrawn by the applicant.

Within 10 days after the mayor and the director sign a development agreement and the ordinance becomes effective, the director shall cause a copy thereof to be recorded.

All agreement provisions are subject to modification or suspension as set forth in Article 2.5, Chapter 4, Title 7 of the Government Code, commencing with Section 65864.

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

§ 17.116.070 Annual review.

All development agreements shall be reviewed by the development services director at least once every 12 months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.

Prior to each review, the department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other matters the department wishes to bring to the director's attention.

If the department report recommends modification or termination of the agreement, or if the development services director proposes to make such a recommendation to the city council, he shall schedule a public hearing on the agreement. If the department report or director's recommendation involves land use issues, the director shall schedule the hearing before the planning commission. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in BMC § 17.116.040. At such hearing the applicant shall have the burden of demonstrating his good faith compliance with the terms and conditions of the agreement.

If, after the public hearing is closed, the development services director, in consultation with the planning commission if land use issues are involved, determines that the agreement should be terminated or modified, the matter shall be referred to the city council for proceedings for termination or modification.

Upon receipt of the development services director's recommendation, the city council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in BMC § 17.116.040.

If, after the public hearing is closed, the city council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the city council may modify or terminate the agreement. Any modification or termination is subject to the provisions of BMC § 17.116.080.

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

§ 17.116.080 Modification and termination.

Any development agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the city, or it may be modified or terminated pursuant to the provisions of BMC § 17.116.070. Notice of intention to take any such action shall be given in the manner provided by BMC § 17.116.040; provided, however, that the parties may set forth an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of the California Government Code, Section 65867.5.

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

§ 17.116.090 Administration.

The development services director shall prepare and adopt such application forms, checklists, and other documents as considered necessary and desirable to implement these procedures and requirements.

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

§ 17.120.010 Applicability.

This title may be amended by changing the zoning map or the regulations.

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

§ 17.120.020 Initiation of amendments.

Zoning Regulations. Amendments to the zoning regulations shall be initiated by motion of the city council or the planning commission, or by petition of any resident, property owner or business owner in the city.

Zoning Map. Amendments to the zoning map shall be initiated by motion of the city council or planning commission or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

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

§ 17.120.030 Required application materials for amendments initiated by property owners, residents or business owners.

A property owner shall initiate a zoning map amendment by filing the following with the development services director:

A completed application form;

A completed initial study form;

A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within 300 feet of the boundaries of the property;

A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within 300 feet of the boundaries of the property (this list shall be keyed to the map required by subsection (C) of this section);

The required fee established by city council resolution.

A property owner, resident or business owner shall initiate a zoning text amendment by submitting a description of the amendment accompanied by items described in subsections (A), (B), and (E) of this section.

(Ord. 87-4 N.S., 1987; Ord. 17-10 § 23; Ord. 25-09 § 4)

§ 17.120.040 Public hearing scope and notice.

Scope. The development services director shall set a date, time, and place for the public hearing and prepare a report to the planning commission on an application of a property owner for a zoning map amendment or a petition of a zoning regulation amendment describing the area to be considered for change and, if warranted, proposing alternative amendments.

Notice of Hearing.

Normal Procedure. Notice shall be given in accord with Government Code Sections 65090 and 65091, except that in addition to these requirements, notice shall be mailed to the applicant and all owners of property within 500 feet of the boundaries of the site, as shown on the last equalized property tax assessment roll.

Zoning Map Amendments – 500 or More Lots. If a proposed zoning map amendment includes 500 or more lots, notice may be given in accord with Government Code Section 65091(c)(3).

Contents of Notice. Notices required by this section shall contain:

A description of the amendment;

A statement of the date, time, and place of the hearing;

Reference to the council or commission motion or application and other materials on file with the development services director for detailed information;

A statement that any interested party or agent may appear and be heard.

(Ord. 87-4 N.S., 1987; Ord. 14-02 § 5; Ord. 25-09 § 4)

§ 17.120.050 Duties of planning commission.

Public Hearing. At the time and place set for the public hearing, the planning commission shall consider a report of the development services director and shall hear evidence for and against the proposed amendment. The planning commission may continue a public hearing without additional notice.

Recommendation to City Council. Following the public hearing, the commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the general plan and the purposes of this title, and shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in modified form.

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

§ 17.120.060 Result of planning commission denial.

A planning commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment submitted by petition shall terminate proceedings, unless appealed to the city council in accordance with Chapter 17.124 BMC.

(Ord. 87-4 N.S., 1987; Ord. 05-03 § 6)

§ 17.120.070 Duties of city council.

Hearing Date and Notice. Upon receipt of a planning commission recommendation for approval or conditional approval of an amendment to the zoning regulations or map, the council shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within 60 days of the date of the commission recommendation. The city clerk shall give notice of such hearing, as required by BMC § 17.120.040.

Public Hearing. At the time and place set for the public hearing, the council shall hear evidence for and against the proposed amendment. The council may continue a public hearing without additional notice.

Council Decision. After the public hearing, the council shall approve, modify, or reject the commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the commission for a report prior to adoption of an ordinance amending the zoning regulations map. Failure of the planning commission to report within 40 days after referral or such longer period as may be designated by the council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan and the notice and hearing provisions of this title.

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

§ 17.120.080 Revisions of proposed amendments.

Revisions. At or after a public hearing, the commission or the council may determine that the public interest would be served by:

Revising the boundaries of an area proposed for a zoning map amendment;

Considering zoning map designations not originally presented in a motion, application, or commission recommendation;

Considering zoning regulation amendments not originally presented in a motion, petition, or commission recommendation.

Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form.

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

§ 17.120.090 Resubmittal of application.

Following denial of an application or petition for an amendment to the zoning regulations or the zoning map by the commission or council, no new application or petition for the same, or substantially the same, amendment shall be accepted within one year of the date of denial, unless denial is made without prejudice.

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

§ 17.124.010 Purpose and authorization for appeals.

Appeals. To avoid results inconsistent with the purposes of this title, decisions of the director of development services and the historic preservation review commission 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.

Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this title, decisions of the director of development services or the historic preservation review commission may be called up for review by the planning commission, and decisions of the planning commission may be called up for review by the city council in accordance with Chapter 1.44 BMC.

(Ord. 07-69 § 1; Ord. 25-09 § 4)

§ 17.124.020 Failure to act.

Failure to act within the time limits prescribed in Chapter 1.44 BMC shall be deemed affirmation of the original decision, provided the requirements specified for development projects in Government Code Section 65956 et seq. have been met.

(Ord. 07-69 § 1)

§ 17.124.030 New appeal.

Following denial of an appeal or certification of a decision called for review, any matter that is the same or substantially the same shall not be considered by the same body within one year, unless the denial or certification is made without prejudice.

(Ord. 07-69 § 1)

§ 17.128.010 Permits, licenses, certificates, and approvals.

All persons empowered by the municipal code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this title and grant no permit, license, certificate, nor approval in conflict with said provisions. Any permit, license, certificate, or approval granted in conflict with any provision of this title shall be voided.

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

§ 17.128.020 Enforcement responsibilities.

The development services director shall enforce all provisions of this title related to discretionary permits and shall have responsibility for revocation of discretionary permits, as provided in BMC § 17.128.060. The building official shall enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the city shall enforce provisions related to their areas of responsibility.

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

§ 17.128.030 Voidable conveyances.

Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this title shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representatives, or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale, or contract to sell; but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than those above enumerated, and upon the grantor, vendor, or person contracting to sell or his assignee, heir, or devisee.

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

§ 17.128.040 Occupancy permit.

An occupancy permit shall be required for each new residential occupancy or change in an existing occupancy, as provided in BMC Title 15.

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

§ 17.128.050 Business licenses.

No certificate for a business license tax shall be issued unless the development services director has issued a zoning permit, as provided in Chapter 17.100 BMC.

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

§ 17.128.060 Revocation of discretionary permits.

Duties of Development Services Director. Upon determination by the development services director that there are reasonable grounds for revocation of a use permit, variance, design approval, or other discretionary approval authorized by this title, a revocation hearing shall be set by the director, the planning commission, the historic preservation review commission, or the city council, whichever took final previous action on the permit, except for appeals.

Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation hearing; provided, that notice shall be mailed to the owner of the use or structure for which the permit was granted at least 10 days prior to the hearing. Contents of any notice shall be as prescribed by BMC § 17.104.040(D).

Hearing. The person or body conducting the hearing shall hear testimony of city staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. A public hearing may be continued without additional public notice.

Required Findings. The person or body conducting the hearing shall revoke the permit upon making one or more of the following findings:

That the permit was issued on the basis of erroneous or misleading information or misrepresentation;

That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated;

That there has been a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months.

Decision and Notice. Within 10 working days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.

Effective Date – Appeals. A decision to revoke a discretionary permit shall become final 10 days after the date of the decision, unless appealed in accordance with Chapter 1.44 BMC.

Right Cumulative. The city's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

(Ord. 87-4 N.S., 1987; Ord. 07-70 § 1; Ord. 13-07 § 2; Ord. 25-09 § 4)

§ 17.128.070 Prosecution of violations.

A violation of any provision of this title shall be prosecuted as an infraction. In addition, the city attorney shall, upon order of the city council, commence action or proceedings for the abatement, removal and enjoinment of any violation in the manner provided by law.

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

§ 17.128.080 Penalties.

Any person who violates any provision of this title and is convicted of an infraction shall be punished by fines as prescribed in Government Code Section 36900. Each person convicted may be deemed guilty of a separate offense for every day during any portion of which any violation of this title is committed or permitted.

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