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Staff proposes small‑lot subdivision rules and a code fix for nonconforming rebuilding

Benicia Planning Commission · June 26, 2025
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Summary

City staff proposed a new municipal code chapter to implement state small‑lot subdivision law (ministerial approval for up to 10 small parcels on parcels 5 acres or less) and a Program 4.08 amendment to allow reconstruction of some nonconforming multiunit structures under government‑code standards.

Staff proposed a new zoning chapter to implement recent state small‑lot subdivision law and described Program 4.08 addressing reconstruction of nonconforming multiunit structures.

"On parcel that's 5 acres or less...the city must allow ministerial approval of up to 10 small parcels and 10 small volumes," staff said, describing the state rule and the city’s policy choices on parcel sizes, minimum densities, parking and setbacks to support attainable ownership models such as bungalow courts.

On nonconforming rebuilding, staff said the code amendment would reference applicable state government code provisions to clarify when demolished nonconforming units may be rebuilt and under what standards or limits.

Staff signaled draft wordings and policy options will be circulated for commission feedback this summer.