Chapter 17.58
S SHORELINE PROTECTION OVERLAY DISTRICT
Sections:
17.58.020 Applicability and zoning map designator.
17.58.030 Land use regulations.
17.58.040 Development regulations.
17.58.050 Guarantees of public access.
17.58.060 Development plan review.
17.58.010 Specific purposes.
The specific purposes of the S shoreline protection overlay district are to:
A. Conserve and protect natural resources along the city’s shoreline;
B. Minimize grading and alteration of drainage patterns;
C. Protect development from geologic and other shoreline-related hazards;
D. Provide maximum public access to and along the shoreline;
E. Achieve a visually pleasing and compatible relationship between buildings and structures, parking areas, walkways and planting areas, and the natural environment;
F. Provide appropriate standards and criteria for reviewing proposals for new construction, exterior additions and alterations, relocation of buildings, and other development subject to the provisions of this title. (Ord. 87-4 N.S., 1987).
17.58.020 Applicability and zoning map designator.
The S shoreline protection overlay district may be applied to the unzoned tidal areas or may be combined with any district bordering the city’s shoreline. The S district boundaries shall be shown on the zoning map by adding the designator “-S” to the base district designation. (Ord. 87-4 N.S., 1987).
17.58.030 Land use regulations.
Land use regulations shall be those of the base district with which the S district is combined. (Ord. 87-4 N.S., 1987).
17.58.040 Development regulations.
Development regulations shall be those of the base district with which the S district is combined unless modified by another overlay district; provided, that the following additional review criteria shall apply and shall govern where conflicts arise:
A. All development shall be compatible with the established physical scale of the area and shall not encroach on major view corridors.
B. To the extent feasible, trees, vegetation and sensitive wildlife habitats shall be protected, the need for filling the bay or any marshes or mud flats shall be minimized, and no mature trees, as defined by this title, shall be removed unless approved by the committee on views, under the provisions of Chapter 17.82 BMC.
C. All buildings and structures shall be sited and designed to assure stability and structural integrity for their expected economic life span and to minimize alterations to natural landforms. Development within 100 feet of any cliff or bluff line shall follow the recommendations of a geologic report prepared by a registered geologist or engineering geologist and approved by the building official.
D. Underground utilities shall be provided unless underground installation would have a substantial adverse impact on the environment.
E. Maximum feasible public access to and along the shoreline shall be provided.
A development project that requires planning commission or historic preservation review commission approval shall be reviewed by these commissions for consistency with these criteria. For all other projects, the community development director shall be responsible for reviewing for consistency with these criteria prior to issuing a zoning permit. (Ord. 13-07 § 2; Ord. 87-4 N.S., 1987).
17.58.050 Guarantees of public access.
Approval of permits for development within the S district shall require guarantees of public access as prescribed by this section. Nothing in this section shall constitute a waiver of possible historic rights to public use at the site of an access guarantee.
A. Access Requirements. Prior to any discretionary approval or the issuance of a zoning permit for the following developments, the access provisions required by this section shall be found legally sufficient:
1. Development on a parcel shown on the Benicia general plan parks and recreation map or on the Benicia waterfront plan as the site of a principal pathway, an accessway or a trail segment;
2. Development on a parcel on which a lateral accessway extending 25 feet inland from mean high tide or to the toe of the bluff would be reachable or potentially reachable by a required vertical or lateral accessway, as determined by the community development director. Lateral accessways shall be required where they would be accessible from a vertical accessway on a site that is developed or would be developed with visitor-serving commercial facilities;
3. A subdivision between the first public road and Southampton Bay, Suisun Bay, or the Carquinez Strait;
4. A visitor-serving commercial facility between the first public road and the bay or strait.
B. Legal Instruments Required. Prior to approval of a final subdivision map or issuance of a zoning permit or a use permit, the applicant for development on a parcel on which access is required shall record one or a combination of the following documents as specified in the conditions of approval or shall pay an in-lieu fee.
1. Offer of Dedication. The applicant shall submit a preliminary title report and shall record an irrevocable offer to improve and to dedicate the required accessway to the city as an easement or fee interest free of prior liens and encumbrances. The offer shall be valid for 20 years. Institutions or individuals holding an encumbrance on the property shall execute agreements subordinating their claims to the offer. Title insurance may be required when deemed necessary by the community development director to ensure that the offer is an enforceable option.
2. Outright Grant of Fee Interest or Easement. If the city is willing to accept the offer made in subsection (B)(1) of this section, a grant of an easement or fee title shall be required.
3. Deed Restrictions. Deed restrictions specifying accessway maintenance, improvements, and conditions of public use may be recorded in lieu of an offer of dedication.
4. Offer to Sell at Appraised Value. Where a designated accessway on a single parcel requires parking or other land area in addition to land required for vertical and lateral accessways and the excess land required consists of more than two percent of the total remaining parcel area between the first public road and the bay or strait, only the land required for vertical and lateral accessways shall be required to be improved and offered for dedication without financial consideration. The designated remaining land area shall be offered at the appraised value as of the date of approval of the permit with the offer to remain open for 20 years, at interest equal to the prevailing mortgage rate for similarly situated land.
5. In-Lieu Fee Payments Required. As a condition of approval of a final subdivision map or zoning or use permit on a parcel between the first public road and the bay or strait, or in a subdivision containing parcels between the first public road and the bay or strait where no access is required on that site by the general plan or the waterfront plan, an in-lieu fee shall be paid. The amount to be paid shall be determined by a schedule adopted by the city council by resolution. In-lieu fees shall be paid to the Benicia coastal access fund to be used for a specific public project identified in a coastal access program adopted pursuant to subsection (D) of this section. Fees collected shall be committed within five years after payment thereof.
C. Procedure. All discretionary approvals and zoning or use permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:
The city attorney shall review and approve all legal documents specified in the conditions of approval of a zoning or use permit for public access and conservation/open space easements.
1. Prior to a discretionary approval or issuance of a zoning or use permit, the community development director shall forward a copy of the permit application, findings of approval and copies of the legal documents to the city attorney for review and approval of the legal adequacy and consistency with the requirements of the city.
2. The city attorney shall have 30 days in which to complete the review and notify the community development director and the applicant of recommended revisions, if any.
3. The community development director or planning commission may approve the permit upon expiration of the 30-day period if notification of inadequacy has not been received from the city attorney within that time period.
4. If the city attorney has recommended revisions to the permit, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the city attorney.
D. Coastal Access Program. The city council, upon recommendation by the planning commission, may adopt a coastal access program, pursuant to this section, to be used as a guideline for review of development proposals that are required or proposed to include accessways. (Ord. 87-4 N.S., 1987).
17.58.060 Development plan review.
Plans within the S shoreline district shall be accepted for development plan review only if they comply with the review criteria and requirements of this chapter and with all other applicable requirements of this code. (Ord. 87-4 N.S., 1987).