Benicia City Zoning Code
17.36 OS
Open Space District
17.36.010 Specific purposes.
In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of the OS district are to:
A. Provide a suitable classification for large public or private sites permanently designated for park or open space use;
B. Protect public health and safety by limiting lands subject to flooding, slides, or other hazards to open space use;
C. Allow the planning commission and city council to consider the most appropriate use of a site following discontinuance of a large public or private open space use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for development of the site. (Ord. 87-4 N.S., 1987).
17.36.020 Applicability.
The OS district shall be the base district for the use classifications listed in BMC 17.36.030 where these classifications have a minimum contiguous site area of two acres, including alley, streets or other rights-of-way. Open space use classifications on sites of less than two acres shall be subject to the regulations of the base and overlay districts in which they are located. (Ord. 87-4 N.S., 1987).
17.36.030 Land use regulations.
In the following schedule, the letter “P” designates use classifications permitted in OS districts. The letter “L” designates use classifications subject to certain limitations prescribed by the “Additional Use Regulations” which follow. The letter “U” designates use classifications permitted on approval of a use permit, as provided in Chapter 17.104 BMC. The letters “P/U” designate use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. Letters in parentheses in the “Additional Regulations” column refer to the “Additional Use Regulations” following the schedule.
P – Permitted U – Use Permit L – Limited (See “Additional Use Regulations”) – – Not Permitted | ||
|---|---|---|
| OS | Additional Regulations |
Residential |
|
|
Employee Housing (for farmworkers) | P | (A) |
Residential Care, Limited | P | L-1, (B) |
Single-Family Residential | P | L-1, (B) |
Supportive Housing | P | L-1 |
Transitional Housing | P | L-1 |
Public and Semipublic |
|
|
Cemetery | U | (C) |
Day Care Center | P | L-2 |
Government Offices | P | L-3, (C) |
Parks and Recreation Facilities | P | L-4 |
Public Safety Facilities | P | (C) |
Religious Assembly | U | (C) |
Residential Care, General | P | L-1, (B) |
Utilities, Major | U | (C) |
Waste Facility | U | (C) |
Utilities, Minor | P |
|
Utilities, Solar | U | (D) |
Commercial Uses |
|
|
Commercial Filming | U | L-4 |
Commercial Recreation and Entertainment, Indoor | U | (C) |
Eating and Drinking Establishments | U | L-3 |
Horticulture, Limited | U | L-4, L-5 |
Sports and Entertainment, Assembly | U | (C) |
Agricultural and Extractive Uses |
|
|
Animal Husbandry | P | L-4 |
Crop Production | P | L-4 |
Accessory Uses | P/U | L-4, L-6 |
Donation and Collection Bins | U | L-7, (E) |
Temporary Uses |
|
|
Animal Shows | U | L-4 |
Circuses and Carnivals | U | L-4 |
Commercial Filming, Limited | P | L-4 |
Nonconforming | – | (E) |
| ||
Other Uses |
|
|
Cultivation of Cannabis for Personal Use, Indoors or Outdoors (Residential Cultivation of Cannabis) | P | (G) |
OS District: Additional Use Regulations
L-1 Not permitted on lands outside the urban growth boundary as delineated on the general plan land use diagram. On lands inside the urban growth boundary, limited to one primary dwelling unit and one accessory dwelling unit per site, subject to the requirements of BMC 17.70.060, Accessory dwelling units.
L-2 A day care center is permitted only when located on the grounds and within the facilities of a duly permitted religious assembly use.
L-3 Permitted as part of a park or recreational facility, public safety facility, or utility.
L-4 Allowed only if no urban services are provided.
L-5 Use permit required, and no on-site retail sales permitted.
L-6 Limited to facilities incidental to an open space use.
L-7 Only permitted when accessory to a duly permitted religious assembly.
(A) See BMC 17.70.460, Employee housing (for farmworkers).
(B) See BMC 17.70.300, Animals.
(C) Not permitted on lands outside the urban growth boundary as delineated on the general plan land use diagram, amended by approval of Measure K by a vote of the people, November 4, 2003.
(D) See BMC 17.70.420, Solar utilities.
(E) See BMC 17.70.410, Donation and collection bins.
(F) See Chapter 17.98 BMC, Nonconforming Uses and Structures.
(G) See Chapter 17.84 BMC, Cannabis.
(Ord. 25-09 § 17; Ord. 24-01 § 9; Ord. 22-05 §§ 1, 2; Ord. 20-05 §§ 2, 3; Ord. 19-04 § 4; Ord. 18-05 §§ 27, 28; Ord. 16-01 § 11; Ord. 14-11 § 6; Ord. 11-02 § 7; Ord. 04-8 § 1; Ord. 01-6 N.S, 2001; Ord. 87-4 N.S., 1987).
17.36.040 Development regulations.
Development regulations shall be as specified by the use permit; provided, that if the use permit fails to regulate an element regulated by an abutting base district, the regulations of the nearest base district shall apply to each portion of the OS district. For existing uses which do not have a use permit, or for uses that do not require a use permit, the regulations of the nearest base district shall apply to the use. (Ord. 89-1 N.S. § 22, 1989; Ord. 87-4 N.S., 1987).
17.36.050 Review of plans.
A. Certain projects shall require design review (see Chapter 17.108 BMC); all projects shall require development plan review (see Chapter 17.112 BMC).
B. Transitional housing and supportive housing development projects are subject to the city’s objective planning and design standards for mixed use residential and multifamily development. (See BMC 17.70.430, Objective planning and design standards for mixed use residential and multifamily development projects.) (Ord. 21-09 § 5; Ord. 87-4 N.S., 1987).