Division IV. Regulations Applying in All or Several Districts
Chapter 17.70
SITE REGULATIONS
Sections:
17.70.010 Specific purposes and applicability.
17.70.020 Relocated buildings.
17.70.030 Exterior materials in R districts.
17.70.040 Religious assembly yard requirements.
17.70.050 Nonresidential accessory structures.
17.70.060 Accessory dwelling units.
17.70.070 Home occupations in R districts.
17.70.080 Swimming pools and hot tubs.
17.70.090 Eating and drinking establishments with take-out service.
17.70.100 Live entertainment.
17.70.110 Service stations, vehicle/equipment repair, and automobile washing.
17.70.120 Maximum dwelling unit occupancy.
17.70.130 Development on substandard lots.
17.70.140 Development on lots divided by district boundaries.
17.70.150 Building projections into yards and courts.
17.70.160 Front yards in R districts.
17.70.170 Measurement of height.
17.70.180 Exceptions to height limits.
17.70.190 Landscaping, irrigation, and hydroseeding.
17.70.200 Outdoor facilities.
17.70.210 Screening of mechanical equipment.
17.70.220 Refuse storage areas.
17.70.230 Underground utilities.
17.70.240 Performance standards.
17.70.250 Wireless communications facilities.
17.70.260 Hazardous materials.
17.70.270 Affordable housing density bonus.
17.70.280 Manufactured homes.
17.70.290 Game centers.
17.70.300 Animals.
17.70.310 Fences and walls.
17.70.320 Inclusionary housing.
17.70.330 Electric transmission line easements.
17.70.340 Stream setbacks.
17.70.350 Formula businesses.
17.70.360 Retail sales larger than 20,000 square feet of gross floor area.
17.70.010 Specific purposes and applicability.
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).
17.70.020 Relocated buildings.
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 community development 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).
17.70.030 Exterior materials in R districts.
In all R districts, the exterior walls of all structures, other than accessory structures, shall have a nonmetallic finish. (Ord. 87-4 N.S., 1987).
17.70.040 Religious assembly yard requirements.
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).
17.70.050 Nonresidential accessory structures.
A. In R Districts.
1. Timing. Nonresidential accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that 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. Except as provided in this subsection, nonresidential accessory structures shall not occupy a required yard or court, or project beyond the front building line of the principal structure on a site. 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, materials, colors, and exterior finishes. No accessory uses may be permitted off-site.
3. Maximum Height. The maximum height of a nonresidential accessory structure shall be 12 feet, subject to the provisions of this subsection; provided, that pitched roofs shall not exceed a height of 15 feet. For any RS lot containing a single-family residence, a pitched roof may extend to 20 feet in height to match the roof pitch of the existing or proposed residence on the site. The maximum height of any wall shall not exceed 12 feet at the eaves. No second story, other than an unfinished storage area, may be developed for any accessory building.
4. Relation to Property Lines. A nonresidential accessory structure in a required rear yard shall be located on a property line or shall be not less than three feet from a property line. A structure on a property line shall not exceed six feet in height at the property line and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising 1.0 feet for each foot of distance from the property line. A four-foot setback from an alley shall be provided for a garage door. A minimum three-foot distance shall be maintained between an accessory building and the principal structure on the site. An accessory building shall either directly abut another accessory building or a fence; provided, that the height requirements of this subsection are met, or shall maintain at least a three-foot setback from any fence or other accessory building on the site.
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 and 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 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 community development director.
C. In PD District. The location of accessory structures shall comply with the adopted PD or specific plan for a PD district. (Ord. 92-9 N.S. §§ 10 – 13, 1992; Ord. 89-1 N.S. §§ 27, 28, 1989; Ord. 87-4 N.S., 1987).
17.70.060 Accessory dwelling units.
A. Purpose. This section is intended to implement Program 1.06 of the city’s 1999 – 2006 housing element in accordance with Government Code Section 65852.2 by permitting the creation of accessory dwelling units through an administrative process, thereby increasing housing opportunities for the community through use of existing housing resources and infrastructure.
B. Zoning. One accessory dwelling unit per parcel is permitted by right in all residential districts (RS, RM, and RH), and on lots with a single-family dwelling, subject to the development standards in subsection (D) of this section.
C. Administrative Permit. Accessory dwelling units require approval by the community development department director, or designee. Applications shall be submitted to the community development department accompanied by the required fee. The administrative permit for a second dwelling unit shall be processed as follows:
1. After receipt of a completed application, the community development director, or designee, will review the application and shall approve an accessory dwelling unit upon making all of the following findings:
a. The dwelling conforms to the design and development standards for accessory dwelling units established in subsection (D) of this section.
b. Either the primary or the accessory dwelling unit is owner-occupied with proof that this requirement has been recorded as a deed restriction. The community development director, or designee, may waive the owner-occupancy requirement if all of the following conditions are met:
i. The occupant(s) of one of the units is/are disabled;
ii. As a result of the disability, the occupant(s) is/are unable to hold title to the property as an owner; and
iii. The primary caretaker(s) of the disabled occupant(s) resides in the other unit.
The waiver of the owner-occupancy requirement is valid only so long as the above conditions are met.
c. Public utility and services including emergency access are adequate to serve both dwellings.
d. If the proposed accessory dwelling unit is located in the city’s H historic overlay district on a property that is designated by the city’s downtown or arsenal historic conservation plans as a historic, potentially historic, contributing or potentially contributing landmark or building, and the application involves an exterior modification to an existing structure or is a detached structure, the application will require discretionary review by the design review commission to ensure protection of a locally designated historic resource.
2. Approval or denial by the community development director, or designee, of an administrative permit for an accessory dwelling unit shall be noticed to the applicant in a “letter of action.” This letter shall include findings of approval or denial. If necessary, conditions of approval made by the community development director, or designee, on granting the administrative permit will be included in the letter.
3. The ministerial approval of an accessory dwelling unit shall expire two years from the date of approval unless made valid by construction of the unit. The community development director, or designee, may grant a maximum one-year extension of the two-year approval expiration period.
D. Design and Development Standards.
1. Lot Size. Accessory dwelling units shall only be permitted on residential lots of 6,000 square feet or greater.
2. Lot Coverage. The basic requirements of Chapter 17.24 BMC shall apply.
3. Unit Size. An accessory dwelling unit, whether within, attached to, or detached from the existing structure, shall not exceed 800 square feet, or the size of the primary dwelling unit, whichever is less. The existing unit may be considered the accessory unit, and a new dwelling unit built, if all applicable standards and requirements of this title are met.
4. Building Location.
a. Accessory dwelling units shall not be permitted in a required yard or court except if a rear yard is adjacent to an alley and a four-foot setback for a vehicle entrance to a covered parking structure is maintained.
b. A six-foot distance from any existing dwelling shall be maintained.
5. Building Height. The maximum height of a detached accessory dwelling unit shall be 12 feet, except that pitched roofs may have a height of 15 feet. The maximum height of any wall shall not exceed 12 feet at the eaves. No second story, other than an unfinished storage area, may be developed for any accessory building.
6. Parking. A minimum of three off-street parking spaces shall be required for a lot containing an accessory dwelling. One parking space, which is not required to be covered, shall serve the accessory unit. The additional parking space for the accessory dwelling unit shall not be placed within the required front yard setback unless, at the discretion of the community development director, or designee, there is no other reasonable place for the additional parking space to be located and appropriate landscaping and/or berming is provided to mitigate any adverse aesthetic impacts.
7. Design.
a. Accessory dwelling units shall be designed to be compatible and in harmony with existing development in the immediate neighborhood. Building materials, architectural features, colors, and exterior finishes should be substantially similar as those on the existing dwelling unit.
b. The orientation of accessory dwelling units on the lot shall be designed so that the privacy of adjacent neighbors is reasonably preserved. This includes measures such as limiting windows that have openings facing adjacent properties, height considerations, and/or window glass treatments.
c. An accessory dwelling unit shall have a backlit illuminated address sign.
E. Appeals. The decision of the community development director, or designee, shall be final on the tenth business day following the decision, unless appealed or reviewed in accordance with Chapter 1.44 BMC.
F. Recordation.
1. The administrative conditions of approval shall be filed for record with the county recorder and evidence of such filing shall be submitted to the community development director, or designee, prior to issuance of building permit(s) or rental and occupancy of the accessory dwelling.
2. A deed restriction stipulating that the property owner occupies either the main or accessory dwelling unit, unless a waiver to this requirement has been granted under subsection (C) of this section, shall be filed with the county recorder and evidence of recordation submitted to the community development director, or designee, prior to issuance of building permit(s) or rental and occupancy of the accessory dwelling.
3. A deed restriction stipulating that only one accessory dwelling unit is allowed and that it shall not be sold separately from the primary dwelling shall be filed with the county recorder and evidence of recordation submitted to the community development director, or designee, prior to issuance of building permit(s) or rental and occupancy of the accessory dwelling. (Ord. 07-60 § 1; Ord. 04-2 § 2; Ord. 99-7; Ord. 92-15 N.S. § 12, 1992; Ord. 92-9 N.S. § 14, 1992; Ord. 87-4 N.S., 1987).
17.70.070 Home occupations in R districts.
A. Permit Required. A home occupation in an R district shall require a home occupation permit obtained by filing a completed application form with the community development director. The community development director shall issue the permit upon determining that the proposed home occupation complies with the requirements of this section.
B. Contents of Application. An application for a home occupation permit shall contain:
1. The name, address, and telephone number of the applicant;
2. A complete description of the proposed home occupation, including number and occupation of persons employed, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used.
C. Required Conditions. Home occupations shall comply with the following regulations:
1. There shall be no stock-in-trade other than products fabricated on the premises.
2. A home occupation shall be conducted entirely within a building and shall occupy no more than 500 square feet of floor area. No outdoor storage shall be permitted.
3. The existence of a home occupation shall not be apparent beyond the boundaries of the site.
4. No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation.
5. No kilns shall be permitted, and a home occupation shall comply with the performance standards prescribed by BMC 17.70.240; provided, that no noise shall be perceptible at or beyond the property line.
6. Not more than one truck, with a maximum capacity of one ton, incidental to a home occupation shall be kept on the site. The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than two.
7. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district.
8. No motor vehicle repair, beauty shop nor barber shop shall be permitted, and a home occupation shall not include an office nor sales room open to visitors without prior appointments, and there shall be no advertising of the address of the home occupation that results in attracting persons to the premises.
D. The permit for a home occupation that is not operated in compliance with these regulations shall be revoked by the community development director after 30 days’ written notice unless the home occupation is altered to comply. (Ord. 87-4 N.S., 1987).
17.70.080 Swimming pools and hot tubs.
Swimming pools and hot tubs shall be fenced, as required by BMC 15.04.088. 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).
17.70.090 Eating and drinking establishments with take-out service.
The following supplementary development regulations shall apply to eating and drinking establishments with take-out service other than limited take-out service, as defined:
A. No Walk-Up Service in CC and CG Districts. Food shall be delivered to patrons within a car or within a building, or enclosed or covered outdoor eating area.
B. Minimum Separation. Establishments shall not be closer than 500 feet to a public or private school, park, or playground in an R, OS, or PS district.
C. Litter Control. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting, including litter on adjacent property and public rights-of-way, shall be promptly removed. A use permit may require the operator to retain a contract litter cleanup service if the community development director determines that a litter problem exists. (Ord. 87-4 N.S., 1987).
17.70.100 Live entertainment.
The following regulations shall apply to any use offering scheduled live entertainment, as defined, more than three times per calendar year:
A. Exits not limited to emergency use only shall not be opposite an R district adjoining the site.
B. A use permit shall establish conditions ensuring 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).
17.70.110 Service stations, vehicle/equipment repair, and automobile washing.
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).
17.70.120 Maximum dwelling unit occupancy.
To ensure consistency with the density policies of the general plan and with the rights of individuals living as a household but not related by blood or marriage, occupancy by persons living as a single household in a dwelling unit shall be limited as follows:
A. A dwelling unit shall have 150 square feet of gross floor area for each of the first 10 occupants and 300 square feet for each additional occupant to a maximum of 20. In no case shall a dwelling unit be occupied by more than 20 persons.
B. A zoning permit shall be required for occupancy of a dwelling unit by more than 10 persons 18 years or older. The community development director shall not issue a zoning permit unless evidence is presented that all vehicles used by occupants will be stored on the site in conformance with the provisions of this title. (Ord. 87-4 N.S., 1987).
17.70.130 Development on substandard lots.
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. 89-1 N.S. § 29, 1989; Ord. 87-4 N.S., 1987).
17.70.140 Development on lots divided by district boundaries.
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).
17.70.150 Building projections into yards and courts.
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. 92-15 N.S. § 13, 1992; Ord. 92-9 N.S. § 15, 1992; Ord. 87-4 N.S., 1987).
17.70.160 Front yards in R districts.
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. 89-1 N.S. § 30, 1989; Ord. 87-4 N.S., 1987).
17.70.170 Measurement of height.
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).
17.70.180 Exceptions to height limits.
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 CI, 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 design review commission only, requests for approval of height use permits shall be acted on by the design review commission. For projects to be acted on by the community development director only, the design 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 community development director. (Ord. 99-1 N.S.; Ord. 87-4 N.S., 1987).
17.70.190 Landscaping, irrigation, and hydroseeding.
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 community development director and the landscape designer.
2. Evidence of completion of required landscaping and irrigation improvements shall be supplied to the planning 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 community development 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 community development 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. 08-03 § 3; Ord. 99-1 N.S.).
17.70.200 Outdoor facilities.
A. Where Permitted. Outdoor storage and display of merchandise, materials, or equipment shall be permitted in the CC, CW, CG, IL, IG, PS and OS districts subject to approval of a use permit by the community development director. Outdoor food service accessory to an eating and drinking establishment may be permitted subject to approval of a use permit by the community development director in any I, C, OS, or PS district, but no outdoor preparation of food or beverages shall be permitted. A use permit for outdoor storage, display, or food service 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;
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 community development 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. 07-21 § 9; Ord. 87-4 N.S., 1987).
17.70.210 Screening of mechanical equipment.
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 community development 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).
17.70.220 Refuse storage areas.
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 community development director. The community development 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).
17.70.230 Underground utilities.
All electrical, telephone, CATV, and similar distribution lines providing direct service to a development site shall be installed underground within the site. Off-site utilities along a project frontage 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 design review commission for those projects over which it has approval authority, or by the community development director for those projects over which the director has approval authority, in accordance with the deferral requirements of BMC 16.36.020(G)(2). (Ord. 99-1 N.S.; Ord. 92-9 N.S. § 16, 1992; Ord. 89-1 § 31, 1989; Ord. 87-4 N.S., 1987).
17.70.240 Performance standards.
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 community development director. Any use, activity or process that requires BAAQMD approval of a permit to operate shall file a copy of such permit with the community development 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 community development 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 community development director shall require such evidence of ability to comply with performance standards as he deems necessary prior to issuance of a zoning permit. (Ord. 92-9 N.S. § 17, 1992; Ord. 87-4 N.S., 1987).
17.70.250 Wireless communications facilities.
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 (B)(2) of this section:
1. Direct broadcast satellite antennas and multipoint distribution services antennas measuring one meter or less in diameter (or diagonal measurement); and
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 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 community development 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 community development 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. 06-10 § 2; Ord. 87-4 N.S., 1987).
17.70.260 Hazardous materials.
A. Purpose. The following supplemental regulations are intended to ensure that the use, handling, storage and transport of hazardous substances comply with all applicable requirements of the California Health and Safety Code and that the city is notified of emergency response plans, unauthorized releases of hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety or welfare. It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to state law, but only to require reporting of information to the city that must be provided to other public agencies.
B. Definitions. For purposes of this section, “hazardous substances” shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services pursuant to Section 25282 of the California Health and Safety Code.
C. Permit Required. A use permit shall be required for any new commercial, industrial, or institutional use, accessory use, or major addition or alteration to an existing use that involves the manufacture, storage, handling, transport, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code adopted by the city, with the following exceptions:
1. Underground storage of bulk flammable and combustible liquids is permitted, subject to the provisions of subsection (E) of this section; and
2. Hazardous substances in container sizes of 10 gallons or less stored or maintained for the purposes of retail or wholesale sales are exempt from these regulations. The community development director or the planning commission may request information on the procedures to be used to process, transport, and store hazardous substances in a safe manner prior to approval of a use permit.
D. Hazardous Materials Release Response Plans. All businesses located in the city and required by Chapter 6.95 of the California Health and Safety Code to prepare hazardous materials release response plans shall submit copies of all such plans, including any corrected plans or revised plans, to the fire department at the same time these plans are submitted to the public agency administering these provisions of the California Health and Safety Code. These submittal requirements shall be a condition of approval of a zoning permit for (1) new development where space may be occupied by such a business, and (2) any alteration or addition to an existing building or structure occupied by a business subject to these provisions of the California Health and Safety Code.
E. Underground Storage Tanks. Underground storage of hazardous substances shall comply with all applicable requirements of Chapter 6.7 of the California Health and Safety Code and Section 79.1113(a) of the Uniform Fire Code. Any business located in the city that uses underground storage tanks shall:
1. Notify the city dispatcher of any unauthorized release of hazardous substances immediately after the release has been detected. Such notification shall include the steps being taken to control the release; and
2. Notify the fire chief of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.
These notification requirements shall be a condition of approval of a zoning permit for (1) new development that involves installation of underground tanks, and (2) any alteration or addition to an existing building or structure on a site where underground storage tanks exist.
F. Aboveground Storage Tanks. Aboveground storage tanks for any flammable liquid shall be allowed only at refinery or bulk storage plant locations with the approval of the fire chief. (Ord. 87-4 N.S., 1987).
17.70.270 Affordable housing density bonus.
A. Purpose. The purpose of the affordable housing density bonus1 is to expand housing opportunities for very-low-2, low3- and moderate4-income persons throughout the city. Additional purposes are as follows:
1. To provide increased residential densities to developers who guarantee that a portion of their housing development will be affordable by households of very low, low or moderate income;
2. To provide increased residential densities to developers that donate land to develop units for very-low-, low- or moderate-income households;
3. To ensure affordable units are constructed and located to appear similar to market-rate units;
4. To provide increased residential densities to developers that provide child care facilities; and
5. To provide concessions when needed to offset the costs of developing affordable housing for very-low-, low- and moderate-income households.
B. Determination of Bonus. Applicants who request a density bonus and agree to construct a residential project of five or more units shall be granted a density bonus, as specified by this subsection. All density bonuses referred to in this section are a specified percentage over the maximum density permitted in the base district.
1. A density bonus of 20 percent shall be granted to projects in which the following is included:
a. At least five percent of the total dwelling units of a housing development are provided to very-low-income households. An additional 2.5 percent density bonus shall be granted for each additional increase of one percent very-low-income units above five percent, to a maximum density bonus of 35 percent, as illustrated in Table 10.70.270-1, Application of Density Bonus for Very-Low, Low- and Moderate-Income Units; or
b. At least 10 percent of the total dwelling units of a housing development provided to low-income households. An additional 1.5 percent density bonus shall be granted for each additional increase of 1.5 percent low-income units above 10 percent, to a maximum density bonus of 35 percent, as illustrated in Table 10.70.270-1, Application of Density Bonus for Very-Low, Low- and Moderate-Income Units; or
c. Fifty percent of the total dwelling units of a housing development are provided to qualifying residents, defined by Section 51.3 of the Civil Code, as a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development5.
2. A density bonus of five percent shall be granted to a condominium project or a planned unit development6 that provides at least 10 percent of the total number of units to households of moderate income. An additional one percent density bonus shall be granted for every one percent of moderate-income units above 10 percent, up to a maximum of 35 percent, as illustrated in Table 10.70.270-1, Application of Density Bonus for Very-Low-, Low- and Moderate-Income Units.
|
Very-Low-Income Units |
Low-Income Units |
Moderate-Income Units |
|||
|
% Very-Low-Income Units |
Permitted % Density Bonus |
% Low-Income Units |
Permitted % Density Bonus |
% Moderate-Income Condo/PUD Units |
Permitted % Density Bonus |
|
5 |
20 |
10 |
20 |
10 |
5 |
|
6 |
22.5 |
11 |
21.5 |
11 |
6 |
|
7 |
25 |
12 |
23 |
12 |
7 |
|
8 |
27.5 |
13 |
24.5 |
13 |
8 |
|
9 |
30 |
14 |
26 |
14 |
9 |
|
10 |
32.5 |
15 |
27.5 |
15 |
10 |
|
11 |
35 |
16 |
29 |
16 |
11 |
|
35% Maximum Density Bonus |
17 |
30.5 |
17 |
12 |
|
|
18 |
32 |
18 |
13 |
||
|
19 |
33.5 |
19 |
14 |
||
|
20 |
35 |
20 |
15 |
||
|
35% Maximum Density Bonus |
21 |
16 |
|||
|
22 |
17 |
||||
|
23 |
18 |
||||
|
24 |
19 |
||||
|
25 |
|||||