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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)