Chapter 17.28 C COMMERCIAL DISTRICTS

Chapter 17.28
C COMMERCIAL DISTRICTS

Sections:

17.28.020 CC, CO, CG, and CW districts – Land use regulations.

17.28.030 CC, CO, CG, and CW districts – Property development regulations.

17.28.010 Specific purposes.

A. In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of commercial districts are to:

1. Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the city and region;

2. Strengthen the city’s economic base, and provide employment opportunities close to home for residents of the city and surrounding communities;

3. Create suitable environments for various types of commercial uses, and protect them from the adverse effects of inharmonious uses;

4. Minimize the impact of commercial development on adjacent residential districts;

5. Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located;

6. Provide opportunities for residential development on the site of commercial development or on separate sites in certain commercial districts;

7. Ensure the provision of adequate off-street parking and loading facilities;

8. Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment;

9. Preserve a balanced mix of locally, regionally, and nationally based businesses and small and medium sized businesses to maintain and promote the long-term economic health of businesses and the community as a whole;

10. Regulate the location and operation of formula businesses in order to maintain the city’s unique historic small town character, the diversity and economic vitality of the community’s commercial districts and the quality of life of Benicia residents.

B. The additional purposes of each C district are as follows:

1. CC Community Commercial District. To provide sites for businesses serving the daily needs of nearby residential areas while establishing development standards that prevent significant adverse effects on residential uses adjoining a CC district.

2. CO Commercial Office District. To provide a landscaped environment for offices of residential scale and for residential development that is protected from the more intense levels of activity associated with retail commercial development.

3. CG General Commercial District. To provide opportunities for the full range of retail and service businesses deemed suitable for location in Benicia, including businesses not permitted in other commercial districts because they attract heavy vehicular traffic or have certain adverse impacts; and to provide opportunities for certain limited manufacturing uses that have impacts comparable to those of permitted retail and service uses to occupy space not in demand for retailing or services.

4. Repealed by Ord. 07-21.

5. CW Waterfront Commercial District. To provide opportunities for waterfront-related development around the Benicia marina and along the shoreline at appropriate locations. (Ord. 07-21 § 4; Ord. 07-12 § 2; Ord. 87-4 N.S., 1987).

17.28.020 CC, CO, CG, and CW districts – Land use regulations.

In the following schedules, the letter “P” designates use classifications permitted in commercial districts. The letter “L” designates use classifications subject to certain limitations prescribed by the “Additional Use Regulations” that follow. The letter “U” designates use classifications permitted on approval of a use permit, as provided in Chapter 17.104 BMC. The letters “P/U” designate use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. Letters in parentheses in the “Additional Regulations” column refer to the “Additional Use Regulations” following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all classifications under the heading.

CC, CO, CG, and CW Districts: Land Use Regulations
P – Permitted U – Use Permit L – Limited (See “Additional Use Regulations”) – – Not Permitted
	CC	CO	CG	CW	Additional Regulations
Residential					(A)(B)
Group Residential	–	–	U	–
Work/Live Quarters	P	–	P	P
Multifamily Residential	L1	L1	–	P
Residential Care, Limited	–	–	–	P
Single-Family Residential	L1	L1	–	L1
Supportive Housing	L1	L1	–	L21
Transitional Housing	L1	L1	–	L21

Public and Semipublic
Adult Day Health Care	U	U	–	U
Clubs and Lodges	U	U	P	P
Cultural Institutions	U	U	P	P
Day Care Center	U	U	–	U
Emergency Shelter	–	L20	L20	–
Government Offices	P	P	P	P
Hospitals	–	U	U	–
Park and Recreation Facilities	–	–	–	P	(B)
Public Safety Facilities	U	U	U	U
Religious Assembly	P	U	U	U	(K)
Residential Care, General	U	U	–	–
Schools, Public or Private	U	–	–	–
Utilities, Major	U	U	U	U
Waste Facility	–	–	–	–
Utilities, Minor	P	P	P	P
Commercial Uses					(A)
Adult Businesses	–	–	P	–	(C)
Ambulance Services	–	–	P	–
Animal Sales and Services
Animal Boarding	–	–	L15	–
Animal Grooming	L15	–	P	–
Animal Hospitals	–	L15	L15	–
Animals – Retail Sales	–	–	P	P
Artists’ Studios	P	P	P	P
Banks and Savings and Loans	–	P	P	–
Banks and Savings and Loans with Drive-Up Service	–	U	U	–
Building Materials and Services	–	–	P	–
Catering Services	P	P	P	P
Commercial Filming	U	U	U	U
Commercial Recreation and Entertainment	U	L12	U	U
Card Room, Game Center, Billiard Parlor	–	–	U	U	(D)
Communication Facilities	–	–	P	–
Conference and Meeting Facilities	U	U	L17	L17
Eating and Drinking Establishments	P	P	P	P
With Wine and Beer Service	P	P	P	P
With Full Alcoholic Beverage Service	U	U	U	U
With Live Entertainment	–	–	U	U
With Take-Out Service	U	–	P	P	(E)
Drive-Up	U	–	U	–
Formula Business	U	–	L19	–	(L)
Limited	P	P	P	P
Truck Stop	–	–	U	–
Food and Beverage Sales	L4	–	L4	L4
Funeral and Interment Services	L7	L6	L7	–
Laboratories	–	P	P	–
Maintenance and Repair Services	–	–	P	–
Marinas	–	–	–	P
Marine Sales and Services	–	–	–	P
Nurseries	U	–	P	–
Offices, Business and Professional	P	P	P	P
Outdoor Entertainment	U	U	U	U	(O)
Pawn Shops	–	–	P	–
Personal Improvement Services	L8	U	L8	–
Personal Services	P	L13	P	P
Research and Development Services	–	–	P	–
Retail Sales	P	–	P	P
Establishment of more than 20,000 square feet	U	–	U	–	(M)
Secondhand Appliances/Clothing	–	–	P	–
Swap Meet, Recurring	–	–	U	–
Vehicle/Equipment Sales and Services
Automobile Rentals	–	–	L10	–
Automobile Washing	–	–	U	–
Service Stations	L11	–	U	–	(F)
Vehicle/Equipment Repair	–	–	L16	–
Vehicle/Equipment Sales and Rentals	–	–	P	–
Visitor Accommodations
Bed and Breakfast Inns	L16	L16	P	P
Hotels and Motels	–	–	P	P

Accessory Uses	P/U	P/U	P/U	P/U	(G) (H)
Donation and Collection Bins	L22	L22	P	L22	(P)

Temporary Uses
Animal Shows	–	–	U	–
Christmas Tree Sales	P	P	P	P
Circuses and Carnivals	–	–	U	U
Commercial Filming, Limited	P	P	P	P
Religious Assembly	P	U	U	U
Retail Sales, Outdoor	U	U	U	U
Swap Meets
Nonrecurring	U	U	U	U

Nonconforming	–	–	–	–	(J)

Other Uses
Cannabis Laboratories	–	U	–	–	(N)
Cannabis Retail Operation	U	–	U	U	(N)

CC, CO, CG, and CW Districts: Additional Use Regulations

L-1 Not permitted on ground level.

L-2 Reserved.

L-3 Repealed by Ord. 09-01.

L-4 A use permit is required for establishments occupying more than 1,500 square feet and for convenience markets. Except as provided below, convenience markets shall not be located within 500 feet of a site occupied by a public or private school, park or recreational facilities, and no exterior vending machines shall be permitted. A convenience market may be located within 500 feet of a site occupied by park or recreational facilities if the proposed convenience market is within 500 feet of an existing retail food and beverage sales establishment. Convenience markets may be operated only between the hours of 6:00 a.m. and 10:00 p.m. Longer hours are permitted only if they would not have an adverse effect on neighborhood uses.

L-5 Reserved.

L-6 Only mortuaries allowed, subject to a use permit.

L-7 Only mortuaries allowed.

L-8 Community development director use permit required only for dance and music studios. If the following conditions are met, the community development director may waive the use permit requirement and approve the use upon issuance of a zoning permit:

1. The proposed use is located in an existing structure which is completely enclosed and soundproofed, or is located at least 300 feet away from the property line of the nearest residential use;

2. The proposed use will not operate prior to 7:00 a.m. Monday through Saturday, or prior to 8:00 a.m. Sunday, or after 10:00 p.m. any day of the week.

L-9 Only limousine or taxi service, subject to a use permit.

L-10 Use permit required only for limousine and taxi service.

L-11 No repair services are permitted, and a use permit is required.

L-12 Health/fitness clubs allowed, subject to a use permit.

L-13 No self-service laundries permitted.

L-14 Repealed by Ord. 11-04.

L-15 Community development director use permit required. If the following conditions are met, the community development director may waive the use permit requirement and approve the use upon issuance of a zoning permit:

1. The proposed use is located in an existing structure which is entirely enclosed, and no outside facilities are proposed;

2. For animal hospitals, or where boarding or overnight care facilities are proposed, the use is located in a soundproofed and air-conditioned facility.

L-16 Community development director use permit required.

L-17 Staff use permit required for facilities holding outdoor events or activities.

L-18 Residential uses established prior to January 1, 1993, are permitted. New residential units created after that date are not permitted on ground level facing a street. New residential units are permitted on the first floor behind an allowed nonresidential use facing a street.

L-19 Formula businesses are a permitted use in the CG zone except for the Solano/Davies Square areas (bounded by Military, N and West and East Second Streets) where a use permit is required.

L-20 See BMC 17.70.390, Emergency shelter.

L-21 Not permitted on ground level for a single dwelling unit.

L-22 Only permitted when accessory to a duly permitted club, lodge, cultural institution, religious assembly or school.

(A) See BMC 17.70.020, Relocated buildings (use permit required).

(B) Residential use shall be allowed by right for housing development projects on vacant sites designated in two consecutive prior housing elements and nonvacant sites designated in one prior housing element, as described in Chapter III, Sites Inventory, and shown in Appendix D, Table A of the housing element, pursuant to Government Code Section 65583.2(i) where at least 20 percent of units are provided as affordable to lower income households.

(D) See BMC 17.70.290, Game centers.

(E) See BMC 17.70.090, Eating and drinking establishments with take-out service.

(F) See BMC 17.70.110, Service stations, vehicle/equipment repair, and automobile washing.

(G) See BMC 17.70.050, Nonresidential accessory structures.

(H) See BMC 17.70.080, Swimming pools and hot tubs.

(I) See Chapter 17.104 BMC, Use Permits and Variances.

(J) See Chapter 17.98 BMC, Nonconforming Uses and Structures.

(K) See BMC 17.70.040, Religious assembly yard requirements.

(L) See BMC 17.70.350, Formula businesses.

(M) See BMC 17.70.360, Retail sales larger than 20,000 square feet of gross floor area.

(N) See Chapter 9.60 BMC, Cannabis Public Safety License, and Chapter 17.84 BMC, Cannabis.

(O) See BMC 17.70.400, Outdoor entertainment.

(P) See BMC 17.70.410, Donation and collection bins.

(Ord. 23-03 § 3; Ord. 19-04 § 3; Ord. 18-16 § 3; Ord. 18-05 §§ 22, 23; Ord. 16-01 § 9; Ord. 15-02 §§ 3, 4; Ord. 14-11 § 5; Ord. 13-15 § 4; Ord. 11-04 § 5; Ord. 11-02 § 5; Ord. 09-01 § 5; Ord. 07-21 § 5; Ord. 07-15 § 1; Ord. 07-12 § 3; Ord. 01-6 N.S., 2001; Ord. 98-3 N.S.; Ord. 94-1 N.S. § 4, 1994; Ord. 93-11 N.S. § 7, 1993; Ord. 93-1 N.S. § 6, 1993; Ord. 92-18 N.S. § 7, 1992; Ord. 92-15 N.S. § 8, 1992; Ord. 90-17 N.S. § 4, 1990; Ord. 89-1 N.S. § 19, 1989; Ord. 87-4 N.S., 1987).

17.28.030 CC, CO, CG, and CW districts – Property development regulations.

The following schedule prescribes development regulations for the CC, CO, CG, and CW districts. The first five columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the “Additional Regulations” column refer to the “Additional Development Regulations” following the schedule.

CC, CO, CG, and CW Districts: Property Development Regulations
Use Classifications	CC	CO	CG	CW	Additional
Residential development					(A)
Minimum Lot Area (sq. ft.)	10,000	10,000	7,500	5,000	(B)(C)
Minimum Lot Width (ft.)	70	70	60	50
Minimum Yards:
Front (ft.)	15	15	10	15	(D)(R)
Side (ft.)	–	–	–	–	(D)(E)(F)(R)
Corner Side Rear (ft.)	–	–	–	–	(D)(E)(F)(R)
Maximum Height (ft.) of Structures	40	40	40	40	(G)(H)
Maximum Lot Coverage	50%	50%	75%	50%
Maximum Nonresidential FAR	0.8	0.8	1.2	0.8
Maximum FAR	1.2	1.2	1.2	1.2	(S)
Minimum Site Landscaping	20%	20%	10%	20%	(I)(J)
Outdoor Living Area					(K)(L)
Fences and Walls					(M)(N)
Off-Street Parking and Loading					(O)(P)
Signs	See Chapter 17.78 BMC
Outdoor Facilities	See BMC 17.70.200				(Q)
Screening of Mechanical Equipment	See BMC 17.70.210				(Q)
Refuse Storage Areas	See BMC 17.70.220
Underground Utilities	See BMC 17.70.230
Performance Standards	See BMC 17.70.240
Nonconforming Structures	See Chapter 17.98 BMC

CC, CO, CG, or CW Districts: Additional Development Regulations

(A) Residential development in a CC, CO, CG, or CW district shall comply with the RH development regulations for site area per unit and courts opposite windows. Renting of rooms in a dwelling unit shall be permitted, subject to the requirements of BMC 17.24.020(E).

(B) See BMC 17.70.130, Development on substandard lots.

(D) See BMC 17.70.150, Building projections into yards and courts. Double-frontage lots shall provide front yards on each frontage.

(E) A 10-foot side or rear yard shall adjoin an R district, and structures shall not intercept a 1:1 or 45-degree daylight plane inclined inward from a height of 12 feet above existing grade at the R district boundary line.

(E) SIDE OR REAR YARDS

(The diagram is illustrative)

(F) Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within 50 feet of a street property line, providing that such a planting strip is not required for a lot with a single-family dwelling.

(F) VISIBLE YARDS

(The diagram is illustrative)

(G) See BMC 17.70.170, Measurement of height. Buildings fronting on First Street shall not exceed three stories.

(H) See BMC 17.70.180, Exceptions to height limits.

(I) Planting Areas.

(1) CO and CW District. Sites in the CO and CW districts shall comply with the planting area requirements of BMC 17.24.030(N), Multifamily Residential.

(2) CC and CG Districts. Required yards shall be enclosed by a solid concrete, wood or masonry wall at least six feet in height or shall be planting areas; provided, that a wall within 15 feet of a street property line shall not exceed three feet in height.

(J) See BMC 17.70.190, Landscaping, irrigation and hydroseeding.

(K) An average 60 square feet (with a minimum horizontal dimension of six feet) of private open space is required for each dwelling unit.

(L) Courts shall be required opposite windows in dwelling units. The minimum width shall be 20 feet opposite a living room window and 14 feet opposite the window of any other habitable room, and the court shall extend horizontally 10 feet in both directions from the vertical centerline of the window. Where no interior side yard is required, the width of the court perpendicular to the property line need not exceed 10 feet. A required court shall be open to the sky above the sill of a window requiring the court; provided, that eaves may project up to two feet from a wall adjoining a court.

Exceptions: Courts are not required for live/work quarters or for residential units in mixed-use projects.

(M) The maximum height of a fence or wall shall be eight feet.

(N) A six-foot solid masonry, wood or concrete wall shall adjoin the property line of the site of a new ground-floor residential use abutting an existing nonresidential use or the property line of a new nonresidential use abutting the site of an existing ground-floor residential use. However, no wall shall be required where the portion of the site within 10 feet of the property line is occupied by planting area or by a building having no openings except openings opposite a street property line. A wall within 15 feet of a street property line shall not exceed three feet in height.

(N) REQUIRED WALLS – RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE

(The diagram is illustrative)

(O) In a CC, CO, CG, or CW district, a triangular yard adjoining both sides of a driveway crossing a street property line shall have a depth of five feet at the edge of the driveway and a width measured on both sides of the driveway of 50 feet, or the distance to the intercepting property line, whichever is less. At least 50 percent of each yard shall be planting area. Visible yards shall have a three-foot planting strip along interior property lines within 50 feet of a street property line; this strip shall be counted in determining compliance with the 50 percent planting strip requirement.

(O) DRIVEWAY VISIBILITY

(The diagram is illustrative)

(P) See Chapter 17.74 BMC, Off-Street Parking and Loading Regulations.

(Q) See BMC 17.70.250, Satellite antennas and microwave equipment.

(R) In the arsenal historic district, multifamily, mixed use residential, transitional housing, and supportive housing projects are subject to the yard requirements in the city’s objective planning and design standards for mixed use residential and multifamily development. (See BMC 17.70.430, Objective planning and design standards for mixed use residential and multifamily development projects.)

(S) In the arsenal historic district, multifamily, mixed use residential, transitional housing, and supportive housing projects shall have a maximum FAR of 2.0, consistent with the lower arsenal mixed use general plan land use category.

(Ord. 21-09 § 3; Ord. 07-21 § 6; Ord. 89-1 N.S. §§ 20, 21, 1989; Ord. 87-4 N.S., 1987).

17.28.040 Review of plans.

A. Certain projects shall require design review (see Chapter 17.108 BMC); all projects shall require development plan review (see Chapter 17.112 BMC).

B. Multifamily residential, mixed use residential, transitional housing, and supportive housing development projects must comply with the city’s objective planning and design standards for mixed use residential and multifamily development. (See BMC 17.70.430, Objective planning and design standards for mixed use residential and multifamily development projects.) (Ord. 21-09 § 4; Ord. 87-4 N.S., 1987).