Chapter 17.64
HOUSING OPPORTUNITY SITES OVERLAY DISTRICT
Sections:
17.64.020 Applicability and zoning map designator.
17.64.030 Land use regulations.
17.64.040 Development regulations.
17.64.060 Development plan review.
17.64.010 Purposes.
A. Accommodate housing in infill locations and at densities that are consistent with the general plan; and
B. Provide appropriate standards and criteria for reviewing proposals for new construction and other development subject to the provisions of this title. (Ord. 23-03 § 4).
17.64.020 Applicability and zoning map designator.
A. Applicability. This housing opportunity sites overlay district shall apply to any parcel that is identified on the housing opportunity sites inventory of the adopted 2023-2031 housing element of the Benicia general plan and is located in a single-family residential (RS), medium density residential (RM), high density residential (RH), public and semipublic (PS), community commercial (CC) or office commercial (CO) district, or in a zone of the downtown mixed use master plan.
B. Designation. Any site contained in the housing opportunity sites overlay district shall be indicated by the -HOS designation.
C. Limited Application. The regulations of this chapter shall be applicable to site development involving the residential land uses specified by BMC 17.64.030. (Ord. 23-03 § 4).
17.64.030 Land use regulations.
A. Allowed uses are those that are permitted or conditionally permitted in the base zoning district. In addition, the following residential uses are permitted:
|
P – Permitted |
|
|
U – Use Permit |
|
|
Residential Use |
|
|
Group Residential |
P |
|
Multifamily Residential |
P |
|
Supportive Housing |
P |
|
Transitional Housing |
P |
B. Residential use shall be permitted on the ground floor if compliant with the provisions of this chapter.
C. For C and PS districts, and in the town core (TC) zone of the downtown mixed use master plan, the following apply:
1. In a C or PS district, a permitted or conditionally permitted public and semipublic or commercial use of at least 1,000 square feet gross floor area shall be provided as a ground floor use within the same structure (vertical mixed use) or separate structure (horizontal mixed use). An existing, occupied nonresidential structure (e.g., an office or retail store) may be deemed to meet this requirement if the structure would not be altered or demolished to accommodate the residential site development, regardless of whether the structure is at least 1,000 square feet. Such nonresidential use may be located on site or on a contiguous parcel under the same ownership.
2. In the TC zone, a permitted or conditionally permitted nonresidential use must be provided along the entire ground floor frontage of First Street to a minimum depth of 50 feet as measured perpendicular from the front facade adjoining First Street.
3. The ground floor of a new nonresidential use must be accessible from and adjoin the front or corner side yard of the parcel on which it is located.
4. A new nonresidential use as required herein shall receive approval of final occupancy prior to, or concurrently with, the residential occupancy. (Ord. 23-03 § 4).
17.64.040 Development regulations.
A. Development regulations shall be those specified in the base district, except as modified by the following standards.
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|
Standard |
Additional Regulation |
|---|---|---|
|
Site Area Per Unit (sq. ft.) |
1,452 |
(1) |
|
Maximum Height (ft) |
35 |
(2) |
|
Maximum Height (stories) |
3 |
|
|
Maximum Coverage |
45% |
(3) |
1. For a parcel legally existing as of January 1, 2023, four multifamily dwelling units are permitted on the parcel regardless of the parcel size; provided, that the project complies with all other applicable standards.
2. The maximum permitted height in the town core district shall be 40 feet.
3. Single-family residential district only.
B. In the PS district, minimum required yards shall be as specified.
|
Minimum Yard |
Distance from Property Line (ft.) |
|---|---|
|
Front |
15 |
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Side |
5 |
|
Corner Side |
10 |
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Rear |
15 |
C. The front yard for any parcel in an R or C district may be reduced to the average setback of the blockface, where lots comprising 40 percent of the frontage on a blockface are improved with buildings. The average setback of the blockface is determined by calculating the front yard depths for existing structures (excluding detached garages or carports) on each developed site on the blockface.
D. Where a standard of this overlay district is in conflict with the base zoning regulations of the zoning ordinance or downtown mixed use master plan form based code, the standard that is more permissive of housing production shall prevail. (Ord. 23-03 § 4).
17.64.050 Design standards.
A. Objective Planning Standards. Any housing proposed in this overlay district shall comply with the city of Benicia’s objective planning and design standards for mixed use residential and multifamily development pursuant to BMC 17.70.430.
B. Projects in an R, C, or PS district shall comply with the following:
1. Upper Story Massing. A third story must be stepped back from the primary street at least 10 feet for a minimum of 35 percent of the facade length. Recessed area may be used as a balcony, terrace, or other usable open space.
2. Balconies. A balcony above the ground floor shall not project more than three feet from any exterior building wall that faces the side yard of an adjacent residential use. (Ord. 23-03 § 4).
17.64.060 Development plan review.
A. Design review shall be required for any residential development proposed pursuant to this chapter and shall be conducted as specified in Chapter 17.108 BMC; provided, however, that all procedures, conditions of approval, and decisions shall be made in a manner consistent with the requirements of the Housing Accountability Act (Government Code Section 65589.5).
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 adopted 2023-2031 Housing Element, pursuant to Government Code Section 65583.2(i) where at least 20 percent of units are provided as affordable to extremely lower income households. (Ord. 23-03 § 4).