Chapter 15.48 — GENERAL PLAN LAND USE ELEMENT

The general plan is the comprehensive long-term plan for the physical development of the city and lays the basic framework for all subsequent planning actions taken by the city. Since the city council is desirous of proper development within the city and wishes to continue to encourage the development of appropriate projects, it becomes necessary to regulate such development so that it is properly integrated into the city's long term planning process and its comprehensive review and revision of the general plan.

The city council finds and determines that the most reasonable course of action with respect to these competing policies, i.e., the desire to encourage appropriate development and the need to regulate such development to ensure its integration into the city's evolving long-term planning process is to require that an application for adoption or amendment of a specific plan be submitted and processed in conjunction with all applicable amendments to the land use element of the general plan, and an application for an amendment to the land use element of the general plan not be approved unless a specific plan is approved concurrently whenever required by this chapter.

(Code 1965, § 11B-1.)

For the purposes of this chapter the following definitions shall apply.

Code. The Banning City Code.

General Plan. The general plan of the City of Banning, adopted and amended pursuant to the provisions of Sections 65300 et seq. of the California Government Code.

Specific Plan. A plan defined in and adopted and amended pursuant to the provision of Sections 65450 et seq. of the California Government Code.

(Code 1965, § 11B-2.)

15.48.030 - Applications for amendment to the land use element of the general plan.

A.

All applications for amendment to the land use element of the general plan shall be accompanied by a completed application for adoption or amendment of a specific plan. Applicant shall submit such applications on forms provided for such purpose by the planning department, shall comply fully with and be governed by the requirements of Sections 65300 et seq. and Sections 65450 et seq. of the California Government Code, the code and this chapter, and shall provide such additional information and materials as the planning department deems necessary and appropriate. The city's standard application fees for amendments to the general plan and for the adoption or amendment of specific plan shall be paid to the city by applicant at the time of application.

B.

The procedures set forth in Sections 65300 et seq. and 65450 et seq. of the California Government Code for processing, considering and approving amendments to the general plan and the adoption or amendment of a specific plan shall be applicable, except that both applications shall be processed and considered concurrently to the extent possible.

C.

No such application for an amendment to the general plan shall be recommended by the planning commission to the city council for adoption or adopted by the city council, unless the concurrently processed application for adoption or amendment of a specific plan is concurrently recommended for adoption, in the case of the planning commission, or adopted, in the case of the city council.

(Code 1965, § 11B-3.)

Any amendment to the land use element of the general plan shall be required to conform to Sections 65300 et. seq. of the California Government Code, the code, and this chapter.

(Code 1965, § 11B-4.)

A.

A determination for requiring a specific plan of development shall be based on several factors; including, but not limited to: parcel size, location, type and/or intensity of use(s), land use designation and/or zoning, topography, presence of hazards or environmental resources, effect(s) on city services and facilities, traffic, or similar factors.

B.

The following list characterizes typical situations or circumstances indicating when the preparation of a specific plan is desirable, warranted, or appropriate:

1.

When unique results or treatments are desired, such as in a sensitive hillside area;

2.

Where unique conditions, problems or opportunities exist, such as topography or major landform features or the presence of substantial environmental resources or hazards such as a (Zone A) one-hundred-year floodplain;

3.

Where special development standards are needed to accommodate development proposals, such as mixed residential/commercial/industrial uses, age- or use-oriented communities, etc., unless such uses are not permitted;

4.

Where there is a complicated mixture of development conditions, such as new development, deteriorated structures, underutilized land, mixed uses and vacant parcels;

5.

When there is a need or desire to incorporate considerable detail in a development plan;

6.

When it is appropriate and desirable to coordinate private funding or cooperative public/private financing for a plan's implementation; such as for major infrastructure and public facilities improvements;

7.

When it is essential to establish a clear basis for a development agreement;

8.

Where it is essential to establish a comprehensive phasing plan; such as typing together the phasing of development with public facilities and capital improvements;

9.

Where it is desirable or appropriate to accompany a development plan with a Master EIR or program/tiered Environmental Impact Report, so that subsequent development projects would require only focused or supplemental environmental documentation or reports;

10.

When it is desirable or appropriate to precisely coordinate and correlate a particular area's development policies, land use regulations, supporting infrastructure and capital improvements programming and budgeting, and financing measures into a comprehensive package;

11.

Where it is desirable to plan the annexation of property;

12.

When there is a proposed amendment to the city's general plan that would result in increased growth to an area that could change the pattern of development, intensity of land use, and exceed the population and/or housing projections of the city's general plan for any five-year planning period;

13.

When projects are proposed that are capable of exceeding acceptable standards for noise, traffic generation, air quality, etc., such as cement batch plants, chemical manufacturing, etc.

(Code 1965, § 11B-5.)

15.48.060 - Interpretation of general plan map boundaries and symbols.

A.

Where uncertainty exists as to the location of the boundaries of any land use category, public facility symbol, circulation, alignment, or other symbol or line shown on the official general plan land use or circulation map(s), the following rules shall be used to resolve such uncertainty:

1.

Boundaries shown as approximately following lot lines shall be construed to follow such lot lines;

2.

Boundaries shown as approximately following a street or alley, or railroad lines, shall be considered to extend to the centerline of the right-of-way; except where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley;

Boundaries shown as approximately following section lines, half-section lines, or quarter-section lines, shall be construed as following such lines;

4.

Boundaries shown as approximately following natural features such as streams, rivers, flood control channels, bluffs and terraces, and other topographic features shall be construed as following such features;

5.

Where a boundary divides unsubdivided property, the location of such boundary shall be determined by use of the scale appearing on the official map;

6.

Boundaries shown as curved or wavy lines shall be construed to be located at such distances from the nearest public street, alley, property line, or city limit line shown on the official map, by use of the scale appearing on such map;

7.

Dashed boundaries or other symbols that indicate appropriate locations for proposed public facilities are not property specific and indicate only the general area within which the specific facility should or could be established;

8.

When interpreting a boundary location by use of the scale appearing on the official map, the location of such boundary may be interpreted to extend beyond the location shown by no more than the actual width of the boundary line as it appears by use of the scale shown on the official map;

9.

a.

In cases where the public seeks to determine the certainty of a boundary but the planning department is unable to make a determination by utilizing the previous rules, the planning commission shall be responsible for clarification of ambiguity or omission.

b.

In cases where the public disagrees with staff's determination regarding interpretation of boundaries on the city's land use map of its general plan, the public may appeal staff's determination in accordance with the requirements outlined in Title 17 of this Code. City fees for processing an appeal shall be paid at the time the application is submitted to the city for its consideration.

(Code 1965, § 11B-6.)

The requirement to prepare a specific plan in conjunction with a general plan amendment may be waived, if, in the evaluation by the community development director, he/she finds:

A.

The property being considered for amendment of its residential land use designation is less than thirty acres in size, and one or more of the following conditions are present:

1.

The general plan designation for which the amendment is being sought exists on adjoining properties and is compatible with and a logical extension of such designation for the subject area. For purposes of this section, properties separated by a street or road shall be deemed "adjoining."

2.

Property possessing a higher range of the number of allowable dwelling units per acre either adjoins or is within two-hundred feet of the property for which the general plan amendment is being sought.

3.

The property being considered for amendment of its land use designation will be developed consistent with the development character/pattern on adjoining and/or surrounding properties.

B.

The proposed amendment is for purposes of establishing a commercial or manufacturing related land use, the affected parcel(s) does not exceed ten acres in size, and one or more of the conditions described under subsection A of this section applies.

C.

The proposed request for a general plan amendment is accompanied by one or all of the following as deemed necessary by the community development director:

1.

A tentative tract map or parcel map;

2.

A detailed site/plot plan depicting layout and design of the proposal;

3.

Building elevations for design review.

(Code 1965, § 11B-7.)

The determination of the community development director shall be final unless within fifteen days following the date of the decision of the community development director an aggrieved party files with the city manager a written notice of appeal consistent with the provisions contained in Section 1.28.010 of this Code.

(Code 1965, § 11B-8.)

Chapter 15.52 - DEVELOPMENT AGREEMENTS