To ensure that each new or expanded use of a site and each new or expanded structure complies with this title, a zoning permit shall be required prior to issuance of a building permit, certificate of occupancy, business license, grading permit, or utility service connection.
(Ord. 87-4 N.S., 1987)
A. 
An application for a zoning permit shall be filed with the development services department on a form provided by the city and shall include a statement that the applicant is the property owner or authorized agent.
B. 
The development services director may require that applications for a zoning permit for grading that will affect more than 200 cubic yards of earth be accompanied by plans and related materials showing the proposed development, alteration, enlargement, or reuse of the property affected.
C. 
A zoning permit for grading may be issued by the development services director prior to any discretionary approvals needed for a project for one or more of the following reasons:
1. 
Emergency situations;
2. 
Remedial or erosion control purposes;
3. 
Temporary access roadway or fire lane;
4. 
Exploratory excavations under the direction of soil engineers or engineering geologists;
5. 
Excavations for utilities;
6. 
Work conducted in any city street, public right-of-way, or easement when the work is for a public facility, utility, or other public purpose;
7. 
Surcharge fill to prepare sites for development in an existing subdivision;
8. 
Where the grading of a site has been specifically approved for borrow or fill as part of a separate project approved by the city;
9. 
Grading work within industrial zoned property in accordance with all of the following requirements:
a. 
Grading on existing parcels less than 10 acres in area;
b. 
Grading with cuts and/or fills of less than four feet;
c. 
Grading on property where 80 percent or more of area to be graded has existing slopes of less than 10 percent;
10. 
Grading work within commercial zoned property in accordance with all of the following requirements:
a. 
Grading of less than 5,000 cubic yards;
b. 
Grading with cuts and/or fills of less than four feet;
c. 
Grading on property where 80 percent or more of area to be graded has existing slopes of less than 10 percent.
D. 
Notwithstanding the provisions of subsections (C)(9) and (10) of this section, the development services director shall have no authority to issue a permit, for the grading work specified therein, when such work is to occur on land located within that portion of the IW water-related industrial district designated in Ordinance No. 95-14 N.S., on land located within the arsenal historic conservation district as shown in the plan adopted by the city council per Resolution No. 93-156, and on land located within the downtown historic conservation district as shown in the plan adopted by the city council per Resolution No. 90-165, copies of which are maintained on file with the city clerk. Grading permits for work to be conducted on land within the area designated in that ordinance shall be processed according to the provisions of subsection (E) of this section.
E. 
All other zoning permits for grading issued prior to any other discretionary approvals shall require a use permit from the city council following review by the planning commission in accordance with the notice and public hearing requirements of BMC § 17.108.080.
F. 
Upon receiving an application for a grading permit to be issued under the provisions of subsections (C)(9) or (10) of this section, the development services director shall publish in a newspaper of general circulation within the city a notice of intent to issue such permit on the date specified in the notice. The decision of the development services director shall be final, unless appealed by any interested party, under the procedures specified in Chapter 1.44 BMC.
(Ord. 87-4 N.S., 1987; Ord. 92-9 § 22, 1992; Ord. 96-5; Ord. 07-65 § 1; Ord. 25-09 §§ 3, 4)
The development services director shall issue a zoning permit upon determining that the use or structure complies with this title and that environmental documentation, if any, required by the California Environmental Quality Act (CEQA) is complete.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
A zoning permit shall be effective on issuance and shall lapse upon the lapse or revocation of a permit required as a condition of issuance of the zoning permit or until affected by amendment of this title. Denial of a zoning permit shall be subject to appeal by the applicant, as prescribed in Chapter 1.44 BMC.
(Ord. 87-4 N.S., 1987; Ord. 07-65 § 2)
Any changes to development plans following issuance of a zoning permit but prior to issuance of a building permit shall require a new zoning permit if the changes affect compliance with this title. The development services director may waive the requirement for a new zoning permit if the changes to approved plans are minor, do not involve substantial alterations or additions to the plans, and are consistent with the intent of the original approval.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
A. 
1. 
A project that is not ministerially or categorically exempt from CEQA and is the subject of an application for a discretionary approval, including a general plan amendment, zoning map amendment, design review, use permit, variance, master plan, specific plan, PD plan, HD plan, or NC plan, shall be the subject of a negative declaration or an environmental impact report (EIR). (See city of Benicia environmental review guidelines for more detailed information.)
2. 
Determination of Lead Agency. The development services director or designee, as the city's environmental coordinator, shall be the lead city department, the city department having the broadest responsibility for carrying out a public project or recommending approval of a private project. The development services director or designee, as the city's environmental coordinator, shall designate, as lead agency body, the city body having the broadest discretionary approval responsibilities for a particular project. The terms "lead city department" and "lead agency body" as used in this section shall be interpreted with reference to CEQA Guideline Sections 15050 to 15053 (Title 14, California of Code Regulations, Chapter 3).
3. 
The development services director's decision on the applicability of an exemption or the lead agency determination shall be subject to appeal as prescribed in Chapter 1.44 BMC.
B. 
Duties of Responsible Agencies. Individuals and bodies other than the lead agency shall have the powers and responsibilities assigned to responsible agencies by CEQA and CEQA guidelines.
(Ord. 87-4 N.S., 1987; Ord. 05-03 § 5; Ord. 05-04 § 1; Ord. 07-65 § 3; Ord. 25-09 § 4)
All persons submitting applications for permits, as required by this title, or filing appeals shall pay all fees and/or deposits as provided by the city council's resolution or resolutions establishing applicable fees and charges. Said resolution or resolutions are hereby incorporated by reference as though fully set forth herein.
(Ord. 87-4 N.S., 1987)
The development services director shall serve as the zoning administrator, or he or she may delegate the function of zoning administrator to any of the qualified professional planners in the development services department. The zoning administrator may conduct hearings and approve, disapprove or approve with conditions any application for which the decision-making authority is specifically assigned to the development services director in the individual chapters of this title. Decisions of the zoning administrator to approve, approve with conditions, or disapprove a project may be appealed to the planning commission in accordance with the provisions of Chapter 1.44 BMC. The development services director, in consultation with the city manager, may refer a planning application to the planning commission. Referrals may be warranted when a project or proposal involves a significant policy issue, or when an environmental impact report has been prepared.
(Ord 92-15 N.S. § 14, 1992; Ord 99-1 N.S.; Ord. 07-65 § 4; Ord. 25-09 §§ 3, 4)