Design review is intended to implement general plan policies. More specifically, the purposes of design review are to:
A. 
Ensure that the location and configuration of structures do not block city-designated scenic views and vistas as identified in the Benicia general plan and any adopted conservation plan or specific plan;
B. 
Ensure that the architectural design of structures, their materials and colors include commonalities with surrounding development and the natural landforms and vegetation of the areas in which they are proposed to be located;
C. 
Ensure that plans for the landscaping of open spaces conform with the requirements of this title;
D. 
Prevent unnecessary grading of hillsides, and preserve natural landforms and existing vegetation where feasible;
E. 
Ensure the provision of adequate, safe and efficient parking and circulation areas, which conform to the requirements of this title; and
F. 
Ensure that new development is consistent with specific design standards developed for use within the community, where applicable, and to any adopted conservation plan, specific plan or planned development plan.
(Ord. 23-06 § 2)
A. 
In an H Historic Overlay District. Design review approval shall be required prior to issuance of a building permit(s) for projects that involve demolition, construction, or exterior alteration as set forth in BMC § 17.108.030.
B. 
In All Other Districts. Design review approval shall be required prior to issuance of a building permit for projects that involve new construction, exterior alterations and additions.
C. 
Objective Ministerial Review. For projects that are not otherwise exempt as set forth in subsection (E) of this section, design review shall be conducted ministerially for the following pursuant to the procedures of BMC § 17.108.050 (Procedures for objective design review). Applicants can elect to submit their project for discretionary review subject to subsection (D) of this section and the responsibilities and procedures of BMC § 17.108.040.
1. 
Use by Right. Housing development projects identified as use by right pursuant to the applicable provisions of state law.
2. 
Multifamily and Mixed Use.
a. 
Mixed use and multifamily housing development of up to four units outside of an H overlay district, consistent with the applicable standards of Chapter 17.64 BMC;
b. 
Multifamily and mixed use residential development up to two stories in the MU-L and MU-I districts consistent with applicable standards in Chapter 17.26 BMC.
D. 
Discretionary Review. For projects that are not otherwise exempt as set forth in subsection (E) of this section, and that are not subject to BMC § 17.108.050, design review shall be conducted as a discretionary action pursuant to the responsibilities and procedures of BMC § 17.108.040.
E. 
Exemptions. The following projects are exempt from design review, subject to compliance with all other applicable requirements of the municipal code and determination by the development services director or their designee prior to building permit issuance:
1. 
Repairs and replacements of a minor, routine nature that do not modify the exterior appearance of a structure, including but not limited to:
a. 
Replacement of a roof, including change of color, when there are no structural or architectural changes.
b. 
Replacement of an existing door or window:
i. 
On a historic structure. Replacement of a door or window with a new door or window of the same dimensions, textural and visual material characteristics, and overall appearance as the existing feature or to restore the door or window to the original design and materials based on evidence or documentation.
ii. 
On a nonhistoric structure. Replacement of a door or window with a new door or window of a similar appearance or to restore the door or window to the original design based on evidence or documentation. The replacement door or window does not need to match the textural or visual material characteristics of the existing feature.
c. 
Removal of a roof projection or mechanical appurtenance. On a historic structure, this is limited to instances where there is no alteration to a fireplace or chimney flue affixed to an exterior wall.
d. 
Repair of a porch, stair or handrail, including repairs that require limited changes to dimensions only for purposes of compliance with the requirements of the California Building Code or California Residential Code (e.g., rise of stair treads, height of handrail, spacing of pickets).
e. 
Replacement of a building foundation where the height of a structure does not increase by more than 18 inches and there is no change in the number, size or arrangement of window openings, building entrances or exterior cladding material.
f. 
Repainting an existing painted exterior surface, including change of color;
2. 
Single-family residences and related accessory structures that are located outside of an H historic overlay district, unless otherwise specified in an adopted planned development plan or specific plan;
3. 
Exterior alteration of a nonhistoric residence in the eastern residential area of the downtown historic district;
4. 
Accessory dwelling units and carriage units;
5. 
An accessory structure located in a rear yard that does not exceed 250 square feet;
6. 
Exterior alteration to the rear or side wall of a nonhistoric building or exterior alteration of an accessory structure, where the alteration does not result in the vertical nor horizontal expansion of the building;
7. 
Signs, fabric awnings, light fixtures, mailboxes, mechanical equipment and similar appurtenances;
8. 
Site alterations and buildings in the IL, IG, IW, and IP districts that are not located in an H historic overlay district and are less than 50,000 square feet;
9. 
Landscaping or landscape features, inclusive of fences up to six feet in height, landscape planters, retaining walls up to four feet in height, rear yard decks and platforms, where no grading permit is required. In a historic district, this exemption shall not apply to the removal of the following in a front yard or adjoining right-of-way: cast-in-place concrete or masonry walls, wrought iron fencing, protected trees, and hitching posts;
10. 
Sidewalks and public access ways; and
11. 
Emergency stabilization of an unsafe condition to address an imminent threat to public health and safety, without demolition.
(Ord. 23-06 § 2; Ord. 25-09 § 4)
A. 
Outside of an H Historic Overlay District.
1. 
Administrative.
a. 
The development services director shall be responsible for design review for:
i. 
Projects greater than 50,000 square feet of gross floor area and/or equivalent site alteration in the IG, IL, IW and IP.
ii. 
Projects outside the industrial districts that involve construction of less than 2,500 square feet of floor area and/or equivalent site alteration.
iii. 
Projects utilizing Tier 1 incentives under the city's community benefit program per BMC § 17.90.080 (Community benefits program).
iv. 
Projects subject to objective design review pursuant to BMC § 17.108.050.
2. 
Commission. The planning commission shall be responsible for design review for projects that are not subject to administrative review as specified in subsection (A) of this section.
B. 
In an H Historic Overlay District.
1. 
Administrative. The development services director shall be responsible for design review for:
a. 
Projects subject to objective design review pursuant to BMC § 17.108.020(C).
b. 
Any project that is not subject to review by the historic preservation review commission as specified in subsection (B)(2) of this section.
2. 
Commission. The historic preservation review commission shall conduct design review for any project that would:
a. 
Demolish, partially demolish, relocate or remove a historic building.
b. 
Alter the street-facing building wall or the character-defining feature(s) of any historic building. "Character-defining features" means the overall shape of the building, its materials, craftsmanship and decorative details, inclusive of those features identified on a historic resources inventory (State of California DPR Form 523A or equivalent). "Street-facing building wall" shall have the same meaning as set forth in BMC § 17.12.030.
c. 
Construct a principal structure or building addition with one or more street-facing building walls.
C. 
Referral to Commission. The development services director may refer any discretionary design review application pursuant to subsection (A)(1) or (B)(1) of this section to the respective commission for public hearing and decision.
D. 
Exceptions to Criteria.
1. 
The development services director or their designee may authorize minor deviations from the following standards: timing of construction for an accessory structure, projection of detached garage in the RS district, separation between buildings per BMC § 17.70.050 (Accessory uses and structures), driveway widths per BMC § 17.74.140 (Driveway widths and clearances), and modifications in vehicle space size requirements per BMC § 17.74.100 (Application of dimensional requirements).
2. 
In an H historic overlay district, the director or their designee may authorize an exception to criteria for the replacement or repair of an existing nonconforming historic structure without the need for a zoning variance or use permit, where it is determined that the replacement or repair is consistent with the historical footprint and scale of the structure and the pattern of development within the historic district.
(Ord. 23-06 § 2; Ord. 25-09 § 4; Ord. 25-12 § 12)
A. 
Initiation.
1. 
A design review project ("development application") shall be initiated by filing an application, authorized by the property owner or authorized agent, accompanied by a fee established by city council resolution, and such plans and documentation as shall be prescribed by the development services director.
2. 
Where determination of exemption is necessary prior to issuance of a building permit as set forth in BMC § 17.108.020(E), an application shall be filed by the property owner or authorized agent, accompanied by a fee established by city council resolution, and such plans and documentation as shall be prescribed by the development services director.
B. 
Review.
1. 
The project shall be reviewed for completeness and consistency with the applicable policies of the Benicia general plan, the requirements of this title and the design guidelines and policies of the applicable historic conservation plan, planned development plan or specific plan.
2. 
In an H historic overlay district, design review for demolition shall comply with the applicable procedures of the adopted historic conservation plan and Chapter 17.54 BMC.
3. 
A housing development project shall be reviewed for consistency with the objective planning and design standards of the city, pursuant to BMC § 17.90.070.
C. 
Public Notice.
1. 
Administrative.
a. 
Following a determination that the application is complete, notice of a pending design review decision by the development services director shall be given to owners of property located within 300 feet of the subject property and shall be posted on the project site.
b. 
Notice shall be provided at least 10 days prior to the administrative action on a form set by the development services director and shall include the project location, a description of the project, a reference to materials on file in the development services department, a statement that any interested party may provide comment, and a date on which the decision is to be made.
2. 
Commission. A public hearing shall be required for design review by the planning commission and historic preservation commission. Following a determination that the application is complete, notice of public hearing shall be given pursuant to the procedures prescribed herein and the requirements of Government Code Sections 65090 and 65091.
a. 
Posted Notice. Notices shall be posted at least 10 days prior to the hearing on the site of the project.
b. 
Mailed or Delivered Notice. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 500 feet of the boundaries of the site, as shown on the last equalized property tax assessment roll.
D. 
Decision.
1. 
Findings. A decision to approve, conditionally approve, or deny an application shall be based on the findings of compliance with the purposes of this chapter set forth in BMC § 17.108.010 and any applicable design guidelines or planned development plan.
a. 
For discretionary design review in an H historic overlay district, a decision to approve, conditionally approve or deny an application shall also include findings of consistency with the Secretary of the Interior's Standards for Treatment of Historic Properties.
b. 
A mixed use or multifamily housing development that is consistent with the objective planning and design standards, as provided in BMC § 17.90.070, shall be deemed consistent with the required findings set forth in this subsection.
2. 
Any conditions imposed shall be reasonable and designed to assure attainment of the purposes and standards established by this title.
a. 
Changes in a project required as a condition of approval shall not include use, density, floor area ratio, parking, or loading requirements more restrictive than those prescribed by applicable district regulations or a valid use permit or variance.
b. 
Conditions of approval for a housing development project shall include standard conditions of approval for residential development of two or more units, which are objective and broadly applicable to housing development projects in the city of Benicia. Any additional conditions of approval shall be in accordance with the requirements of Government Code Section 65589.5 as it currently exists or may hereinafter be amended.
c. 
The review authority shall approve or conditionally approve a housing development project unless it makes written finding(s) in accordance with Government Code Section 65589.5 as it currently exists or may hereinafter be amended.
(Ord. 23-06 § 2; Ord. 25-09 §§ 3, 4; Ord. 25-12 § 12)
A. 
Initiation. An objective design review project shall be initiated by filing an application, authorized by the property owner or authorized agent, accompanied by a fee established by city council resolution, and such plans and documentation as shall be prescribed by the development services director.
B. 
Review. The project shall be reviewed for completeness and consistency with the objective planning and design standards of the city, pursuant to BMC § 17.90.070.
C. 
Decision. A decision to approve or deny an objective design review application shall be rendered by the development services director or their designee and shall be based on the findings of compliance with the objective planning and design standards of the city of Benicia pursuant to BMC § 17.90.070.
1. 
Conditions of approval shall be limited to the city of Benicia's standard conditions of approval for residential development of two or more units, which are objective and broadly applicable to housing development projects.
2. 
The development services director or their designee shall approve or conditionally approve a housing development project unless they make written finding(s) in accordance with Government Code Section 65589.5 as it currently exists or may hereinafter be amended.
(Ord. 23-06 § 2; Ord. 25-09 § 4; Ord. 25-12 § 12)
A. 
Effective Date. Design review decisions shall become effective at the end of the appeal period, unless appealed as provided in Chapter 1.44 BMC.
B. 
Lapse of Approvals. Design approval shall lapse two years from its effective date unless:
1. 
A building permit has been issued and construction diligently pursued;
2. 
An occupancy permit has been issued; or
3. 
The approval is renewed.
C. 
Renewal. The development services director may approve a one-time renewal of design approval for a period of one year upon determining that the findings and conditions of approval remain valid. Application for renewal shall be made in writing prior to the lapse of the original approval, but no more than 120 days prior to that date.
D. 
Changed Plans. The development services director may approve changes to approved plans or in conditions of approval without a public hearing upon determining that the changes in conditions are minor and are consistent with the intent of the original approval.
(Ord. 23-06 § 2; Ord. 25-09 § 4)
Appeals shall be subject to the procedures of Chapter 1.44 BMC, except that design review decisions of the development services director for properties in an H historic overlay district shall be appealed to the historic preservation review commission and decisions of the historic preservation review commission shall be appealed directly to the city council.
(Ord. 23-06 § 2; Ord. 25-09 § 4)