Chapter 17.32 — LANDSCAPING STANDARDS

The purpose of this chapter is to establish landscaping regulations that are intended to:

A.

Protect and preserve the natural environment in the City of Banning, and to incorporate green space, vegetation, and shade into the urban landscape.

B.

Enhance the aesthetic appearance of development in all areas of the City by providing standards for quality, quantity and functional aspects of landscaping and landscape screening.

C.

Reduce the heat and glare generated by development

D.

Increase the compatibility between residential land uses and those abutting commercial and industrial land uses.

E.

Provide privacy within residential developments, and to provide privacy on the perimeter of residential areas from various residential, commercial or other uses outside of the development.

F.

Protect the public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian, cyclist and vehicular traffic and safety.

G.

Increase the liveability of the City of Banning for children, adults, and visitors.

(Zoning Ord. dated 1/31/06, § 9108.01.)

A.

A concept landscaping plan shall be submitted as part of a planning permit application. The concept plan shall meet the intent of this chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping program in terms of location, size/scale, function, theme and other attributes.

B.

The concept plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan. All landscaping plans must take into account the preservation of natural features including hills, topography, trees, shrubs, wildlife habitat, etc. The landscaping plan should refer to such natural elements, and enhance rather than detract from such elements.

C.

Landscaping plans shall rely primarily on indigenous plant and tree species which are suitable to the local climate and soil types, rather than relying on foreign or invasive species which often compete with, and

displace local species. The use of indigenous plant, shrub and tree types is also important in providing continuity of habitat for wildlife species, including local birds. The use of invasive species which have proven to be detrimental to flora species native to Southern California are strongly discouraged in all landscaping plans. Such species include the tamarisk (or salt cedar tree), and the Russian olive. Likewise many plants and trees from other areas (such as the tropics or the American southeast) have much greater water requirements than native species, and the planting and maintenance of such flora species will undermine the City's goal of water conservation.

(Zoning Ord. dated 1/31/06, § 9108.02.)

A comprehensive landscaping plan shall be prepared following approval of the permit application by the review authority, and shall be submitted at the same time as the grading plan and related documents and reports. The landscape and irrigation plans shall be approved by the Community Development Department, and this department may obtain any necessary input from the Public Works Department. Landscaping requirements include the following:

A.

Designs shall be in harmony with the surrounding environment.

B.

Landscape design and construction shall emphasize drought-tolerant landscaping whenever and wherever possible.

C.

A comprehensive landscape and irrigation plan shall include, but not be limited to:

1.

List of all plants (common and Latin) including trees and shrubs;

2.

Size of plants;

3.

Location of plants;

4.

Irrigation plan for the plants;

5.

Hardscape;

Water elements;

7.

Any other information deemed necessary by the City.

D.

Planting of trees and shrubs shall comply with the following installation requirements:

1.

Landscape areas shall include plant material and planting methods which are suitable for the soil of the site. The minimum percentage of plant sizes shall be as follows:

2.

Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, traffic safety sight area, and the basic property rights of adjacent property owners.

3.

A variety of flowering trees, fragrant trees, and fruit trees, may all be included in the landscaping plan.

4.

Trees planted near public rights-of-way shall have a limited deep root system and shall be installed so as to prevent physical damage to sidewalks, curbs, gutters and other public improvements.

5.

Tree grates shall surround trees installed in paved areas or sidewalks. Trees with a deep root system shall be used in such areas.

F.

Concrete mow strips are required to separate all turf areas from other landscaped areas in the commercial and industrial districts.

G.

Inorganic groundcover shall be used in combination with live plants, and shall be used as an accent feature.

H.

All landscaping shall include a water-efficient automatic irrigation system.

I.

The front yards, and side yards visible from the public right-of-way, of all residential subdivisions shall be landscaped with trees, shrubs and groundcover. At a minimum, each front yard shall include 2 24 inch box trees, and sufficient shrubs and groundcover to provide full coverage within 2 years of installation.

(Zoning Ord. dated 1/31/06, § 9108.03.)

Landscape standards for setback and parkway areas shall include, but not be limited to:

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A.

Setback and parkway areas shall utilize uniform street tree plantings with complementary landscape materials.

B.

Mounding or berming shall be incorporated within the overall design, with landscaped slopes not exceeding a three to one ratio, or four feet in height. A minimum of six feet of landscaping shall be placed on the exterior of perimeter walls and fences.

C.

Walls and fences should be incorporated into the landscape design, including meandering walls, wall breaks, or openings where the design shall complement the landscaping of the adjacent development.

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D.

All designs shall ensure compatibility with established setback and parkway areas, including transitions between landscape types and patterns.

E.

Street trees shall be 24 inch box specimens or larger.

(Zoning Ord. dated 1/31/06, § 9108.04.)

17.32.050 - Installation and maintenance.

A.

Landscaping shall be permanently maintained by the developer or his/her successors. All required landscaping shall be properly installed, irrigated, and inspected prior to the issuance of a Certificate of Occupancy.

B.

Maintenance of approved landscaping shall consist of:

1.

Regular watering;

2.

Mowing;

Pruning;

Fertilizing;

5.

Clearing of debris and weeds;

6.

Removal and replacement of dead plants;

7.

The repair and replacement of irrigation systems; and

8.

The repair and replacement of integrated architectural features.

(Zoning Ord. dated 1/31/06, § 9108.05.)

A.

Removal of healthy, shade providing, and aesthetically valuable trees shall be strongly discouraged, and shall be in conformance with the policies and programs of the General Plan. A tree removal and replacement plan shall be required for the removal and replacement of all trees in excess of 50 years of age, unless their removal is required to protect the public health and safety.

B.

Each tree that is removed in a new subdivision is considered a part of the common wealth of the citizens of Banning, is an important component of the habitat of surrounding wildlife, and is of value to the City. Each identified tree removed shall be replaced with at least one 36 inch box specimen tree, in addition to any other required landscaping. Individual single family residential lots of less than one-half acre and commercial tree farms shall be exempt from this provision.

(Zoning Ord. dated 1/31/06, § 9108.06.)

Article II. - Water Conservation

A.

In order to assure that the City's water resources are not significantly impacted by high water consuming landscape plans, the following standards for water efficiency shall be implemented for all landscaping plans required in this chapter, under Section 17.32.020, Applicability.

B.

Definitions.

Anti-drain valve or check valve means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.

Application rate means the depth of water applied to a given area, measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour.

Applied water means the portion of water supplied by the irrigation system to the landscaping.

Automatic controller means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application.

Backflow prevention device means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Conversion factor (0.62) means a number that converts the maximum applied water allowance from acreinches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows:

To convert gallons per year to 100 cubic feet per year, the common billing unit for water, divide gallons per year by 748. (748 gallons = 100 cubic feet.)

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Effective precipitation or usable rainfall means the portion of total natural precipitation that is used by the plants.

Emitter means drip irrigation fittings that deliver water slowly from the system to the soil.

Established landscape means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

Establishment period means the first year after installing the plant in the landscape.

Estimated annual applied water use means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance.

Estimated total water use means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system.

ET adjustment factor means a factor of 0.6 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be

applied to the landscape. A combined plant mix with a site-wide average 0.45 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.75. Therefore, the ET adjustment factor (0.6) = (0.45/0.75).

Evapotranspiration means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.

Flow rate means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).

Hydrozone means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.

Infiltration rate means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

Irrigation efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.75. Greater irrigation efficiency can be expected from well-designed and maintained systems.

Landscape irrigation audit means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules.

Landscaped area means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area.

Lateral line means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

Main line means the pressurized pipeline that delivers water from the water meter to the valve or outlet.

Service line means the pressurized pipeline that delivers water from the water source to the water meter.

Maximum applied water allowance means for design purposes, the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.

Mined-land reclamation projects means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

Mulch means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation.

Operating pressure means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate.

Overhead sprinkler irrigation systems means those with high flow rates (pop-ups, impulse sprinklers, rotors, etc.)

Overspray means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas.

Plant factor means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of very low water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.35, for moderate water using plants the range is 0.35 to 0.60 and for high water using plants, the range is 0.60 to 0.90.

Rain sensing device means a system which automatically shuts off the irrigation system when it rains.

Record drawing or as-builts means a set of reproducible drawings which show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data furnished by the contractor.

Recreational area means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic.

Recreational turfgrass means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turf grass.

Recreational turfgrass ET adjustment factor means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needs to be applied to a recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85.

Recycled water, reclaimed water or treated sewage effluent water means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption.

Reference evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of cool-season grass that is well watered. Reference evapotranspiration is used as a basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. For purposes of this chapter, the following ETo zone map will be used. (See map attached to the ordinance codified in this chapter.)

Rehabilitated landscape means any relandscaping project whose choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be

significantly changed. The new estimated water use calculation must not exceed the maximum applied water allowance calculated for the site using a 0.6 ET adjustment factor.

Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes.

Soil moisture sensing device means a device that measures the amount of water in the soil.

Soil texture means the classification of soil based on the percentage of sand, silt and clay in the soil.

Sprinkler head means a device which sprays water through a nozzle.

Static water pressure means the pipeline pressure when water is not flowing.

Station means an area served by one valve or by a set of valves that operates simultaneously.

Turf means a surface layer of earth containing mowed grass with its roots. Perennial and Annual Ryegrass are cool season grasses. Hybrid and common Bermuda grass, are warm season grasses.

Valve means a device used to control the flow of water in the irrigation system.

Water conservation concept statement means a one-page checklist and a narrative summary of the project.

Water feature means any water applied to the landscape for non-irrigation decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor value of 1.1 for a stationary body of water and 1.2 for a moving body of water.

(Zoning Ord. dated 1/31/06, § 9108.07(1).)

A.

Except as provided in Section 17.32.030, this article shall apply to:

1.

All new and rehabilitated landscaping for private, public, commercial and governmental development projects that require a permit; and

2.

Developer-installed landscaping in single-family tracts and multifamily projects.

B.

Projects subject to this section shall conform to the provisions in this section.

C.

This section shall not apply to resident homeowner-provided landscaping at single-family residences.

(Zoning Ord. dated 1/31/06, § 9108.07(2).)

17.32.090 - State model water efficient landscape ordinance adoption by reference.

A.

The California State Model Water Efficient Landscape Ordinance, codified at Title 23, Division 2, Chapter 2.7 (§ 490 et seq.) of the California Code of Regulations, and any amendments thereto, is hereby adopted and incorporated herein by reference as if fully set forth below, and shall be known and may be cited as the Water Efficient Landscape Ordinance of the City of Banning. One copy of the California State Model Water Efficient Landscape Ordinance shall be filed in the office of the Planning Division.

B.

The provisions of Chapter 17.32 shall apply in addition to the applicable provisions of the Water Efficient Landscape Ordinance of the City of Banning. In the event of any conflict between provisions of the Water Efficient Landscape Ordinance of the City of Banning and the provisions of Chapter 17.32, the provisions that contain the more stringent water efficient landscape requirement(s) shall control.

(Ord. No. 1556, § 1, 2-11-20)

Editor's note— Ord. No. 1556, § 1, adopted Feb. 11, 2020, amended § 17.32.090 in its entirety to read as herein set out. Former § 17.32.090, pertained to Landscape documentation package, and derived from Zoning Ord. adopted January 31, 2006, § 9108.07(3).

17.32.100 - Public education.

A.

Publications.

1.

The city will, upon request, provide information to owners of all new, single family residential homes regarding the design, installation, and maintenance of water efficient landscapes.

2.

Information about the efficient use of landscape water shall be provided to water users throughout the community.

B.

Model Homes. At least one model home that is landscaped in each project consisting of eight or more homes shall demonstrate via signs and information, the principles of water efficient landscapes described in this chapter.

Signs shall be used to identify the model as an example of a water efficient landscape and featuring elements such as hydrozones, irrigation equipment, and others which contribute to the overall water efficient theme.

2.

Information shall be provided about designing, installing, and maintaining water efficient landscapes.

(Zoning Ord. dated 1/31/06, § 9108.07(4).)

17.32.110 - Provisions for existing landscapes.

A.

Water Management. All existing landscaped areas which use ground water and are over sixty thousand square feet, including golf courses, green belts, common areas, multifamily housing, schools, businesses, parks, and cemeteries shall have a landscape irrigation audit at least every five years unless granted an exemption by the City. At a minimum, the audit shall be in accordance with the California Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Audit Handbook, Department of Water Resources, Water Conservation Office (June, 1990), Version 5.5.)

B.

Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures shall be discouraged. Penalties for violation of these prohibitions shall be established.

(Zoning Ord. dated 1/31/06, § 9108.07(5).)

17.32.120 - Fees for initial review and program monitoring.

A.

Fees for the purposes of meeting obligations under this chapter, the following fees are deemed necessary to review landscape documentation packages and monitor landscape irrigation audits and shall be imposed on the subject applicant, property owner or designee.

1.

A landscape documentation package review fee will be due at the time initial project application submission to the planning and development department.

2.

The project owner/developer must cause a landscape irrigation audit to be completed by a certified landscape irrigation auditor. No city fees will be due for the review of the audit by the planning and development department.

3.

If a landscape documentation package is not submitted prior to the start of landscape construction work, for those persons required to submit a package, a late submittal fee of twice the review fee shall be required.

B.

The city council, by resolution, shall establish the amount of the above fees in accordance with applicable law.

(Zoning Ord. dated 1/31/06, § 9108.07(6).)

Decisions made by the Director may be appealed by an applicant, property owner(s), or designee(s) of any applicable project to the planning commission and thereafter the city council by an application in writing to the planning and development director and city clerk of the city council respectively within fifteen days from the date of notification of decision.

(Zoning Ord. dated 1/31/06, § 9108.07(7).)

Article III. - Landscape Design Guidelines[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1510, § 3(2), adopted Sept. 11, 2017, renumbered Ch. 17.32, Art. IV as Ch. 17.32, Art. III.

The design guidelines which follow are a reference to assist the designer in understanding the City's objectives for high quality landscaping. These guidelines will be utilized during the design review process to encourage the highest level of design quality while at the same time providing the necessary flexibility to encourage creativity on the part of the project designers.

(Zoning Ord. dated 1/31/06, § 9108.09(1).)

Any addition, remodelling, relocation or construction requiring a building permit subject to review by the Community Development Department, shall adhere to these guidelines unless exempted.

(Zoning Ord. dated 1/31/06, § 9108.09(2).)

A.

Landscaping and open spaces should be designed as a central part of the site design, and should integrate development with the surrounding elements of the natural environment. Landscaping should enhance building design, public views and spaces, provide buffers and transitions, preserve and enhance wildlife habitat, provide shade and cooling, and provide screening from other nearby uses.

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B.

Landscape design should highlight the design theme through the use of arbors and trellises.

C.

Landscaped areas should incorporate grasses and groundcovers; shrubs; and trees.

D.

The following planting design concepts should be used whenever possible:

1.

Trees to create canopies and shade, especially in parking areas;

2.

Pots, vases, wall planters and raised planters;

3.

Specimen trees used in informal groupings and rows at major focal points;

4.

The use of flowering trees in informal groups to provide color;

5.

The use of distinctive plants as focal points;

Berms, plantings and low walls to screen parking areas from public rights of way.

E.

Landscaping should be installed at the base of buildings. Asphalt edges should be avoided.

F.

Plantings should be planned to create a simple, non-uniform arrangement.

(Zoning Ord. dated 1/31/06, § 9108.09(3).)

17.32.170 - Installation and maintenance.

A.

Trees, shrubs and vines should have body and fullness that is typical of the species.

B.

Herbaceous and flat plant groundcovers should be planted no more than 12 inches on center, and woody, shrub groundcover should be planted no more than 3 feet on center.

C.

Plant materials should be spaced so they do not interfere with lighting, and so they do not restrict access to fire hydrants or fire alarm boxes. Proper spacing should ensure unobstructed access for vehicles and pedestrians. The following spacing standards should be used:

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1.

25 feet from the property corner at a street intersection to the center of the first tree or large shrub.

2.

15 feet between trees and large shrubs.

3.

15 feet between trees or large shrubs and fire hydrants.

4.

10 feet between trees or large shrubs and the edge of any driveway.

(Zoning Ord. dated 1/31/06, § 9108.09(4).)

Chapter 17.36 - SIGN REGULATIONS

The purpose of this chapter is to establish sign regulations that are intended to:

A.

Limit and control the location, size, type and number of signs allowed in the City of Banning.

B.

To provide for a more orderly display of advertising devices, while implementing community design standards with respect to character, quality of materials, color, illumination and maintenance, which are consistent with the City's General Plan.

C.

To bring these advertising devices into harmony with the buildings, with the neighborhood, with the natural environment, and with other signs in the area.

D.

To preserve and improve the appearance of the City as a place in which to live and work, and as an attraction to nonresidents who come to visit or trade.

E.

To encourage sound signage practices as an aid to business and for the information of the public, while preventing excessive and confusing sign displays.

F.

To reduce hazards to motorists, bicyclists and pedestrians.

G.

And to promote the public health, safety, viewsheds, aesthetic values, and general welfare of the community by regulating and controlling all matters relating to signs.

(Zoning Ord. dated 1/31/06, § 9109.01.)

A.

This chapter shall apply to all signage proposed within the community. No signs shall be erected or maintained in any land use district established by this Zoning Ordinance, except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this chapter are intended to be maximum standards.

B.

In addition to the standards set forth herein, consideration shall be given to a sign's relationship to the need that it serves, and the overall appearance of the subject property as well as the surrounding community. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval.

(Zoning Ord. dated 1/31/06, § 9109.02.)

Abandoned Sign. Any display remaining in place or not maintained for a period of one hundred twenty days or more which no longer advertises or identifies an on-going business, product, or service available on the business premises where the display is located.

Address Sign. The numeric reference of a structure or use to a street, included as part of a wall or monument sign.

A-Frame Sign. A free standing sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A". Such signs are usually designed to be auxiliary portable commercial signage, hence they are not considered permanent signs.

Anchor Tenant. A shopping center key tenant, usually the largest or one of the largest tenants located within the shopping center, which serves to attract customers to the center through its size, product line, name, and reputation.

Animated Sign. A sign with action or motion, flashing or color changes, requiring electrical energy, electronic or manufactured sources of supply, but not including wind actuated elements such as flags or banners. Said definition shall not include displays such as time and temperature, revolving, changeable copy or public information centers.

Announcement or Bulletin Board Signs. Signs permanent in character designed to accept changeable copy, handbills, posters and matters of a similar nature.

Area of Sign. The area of a sign shall be the entire area including any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character excluding architectural features or design. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area within parallelograms, triangles or circles of the smallest size sufficient to cover the entire area of the sign and computing the area of these parallelograms, triangles or circles. The area computed shall be the maximum portion or portions which may be viewed from any one direction.

Awning, Canopy, or Marquee Sign. A nonelectric sign that is printed on, painted on, or attached to an awning, canopy, or marquee and is only permitted on the vertical surface or flap.

Banner. A temporary display such as used to announce open houses, grand openings or special announcements. Often made of cloth, bunting, plastic, paper, or similar material.

Bench Sign. Copy painted on any portion of a bus stop or other bench.

Billboard. See outdoor advertising sign [structure].

Building Face and/or Frontage. The length of the single front building elevation in which the primary entrance to the business is located. If more than one business is located in a single building, then such length shall be limited to that portion which is occupied by each individual business.

Canopy Sign. Shall mean a sign attached to either the underside of the canopy, or marquee, or directly to the canopy itself.

Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means.

City Identification Sign. A freeway-oriented pylon sign that prominently displays the name of the City of Banning and that may also include within the pylon sign a billboard, outdoor advertising structure, or an electronic message center.

Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

Commercial Seasonal Sign. An "open" or "closed" window sign, posted on a seasonal basis.

Contractor's Sign/Construction Sign. A temporary sign erected on the parcel on which construction is taking place, limited to the duration of the construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project.

Directional Sign. Signs limited to on-premises directional messages, principally for pedestrian or vehicular traffic, such as "one way", "entrance", or "exit".

Directory Sign. A sign for listing the tenants or occupants and their suite numbers of a building or center.

Double-faced Sign. A single structure designed with the intent of providing copy on both sides.

Eaveline. The bottom of the roof eave or parapet.

Election Sign. A temporary sign related to or directly associated with a national, state, county or local election or referendum.

Electronic Message Center. A sign having the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background, and which can be programmed to change such message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.

Flags and pennants. Shall mean devices generally made of flexible materials, usually cloth, paper or plastic, and displayed on strings. They may or may not contain copy. This definition shall not include the flag of the United States or of any state.

Flags of the State and Nation. A flag of the United States or the State of California.

Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

Freestanding Sign. A sign which is supported by one or more uprights, braces, poles, or other similar structural components that is not attached to a building or buildings. Flagpoles are not included in this definition.

Freeway. A highway in respect to which the owners of abutting land have no right or easement of access or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California.

Future Tenant Identification Sign. A temporary sign which identifies a future use of a site or building.

Grand Opening. A promotional activity not exceeding thirty calendar days used by newly established businesses, within two months after occupancy, to inform the public of their location and service available to the community. Grand Opening does not mean an annual or occasional promotion of retail sales or activity by a business.

Ground Sign. A display attached to the ground, within an architecturally planned wall or structure, and not over eight feet in height.

Height of Sign. The greatest vertical distance measured from the existing grade at the mid-point of the sign support(s) that intersect the ground to the highest element of the sign.

Holiday Decoration Sign. Temporary signs, in the nature of decorations, clearly incidental to and customarily associated with holidays.

Identification Sign. A sign attached to the building and displaying only the name, type of business, and/or logo in combination, identifying a particular business establishment.

Illegal Sign. Any of the following: A sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; a sign that was legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of not less than one hundred twenty days; a sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished; a sign which is a danger to the public or is unsafe; a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City or County. Abandoned signs and prohibited signs are also illegal.

Illuminated Sign. A sign with an artificial light source, either internal or external, for the purpose of lighting the sign.

Institutional Sign. A sign identifying the premises of a church, school, hospital rest home, or similar institutional facility.

Kiosk. An off-premises sign of no more than four square feet in size, used for directing people to the sales office or models of a residential subdivision project.

Logo. An established identifying symbol or mark associated with a business or business entity.

Lot or Street frontage. The linear front footage of a parcel of property abutting a dedicated public street.

Logo Sign. An established trademark or symbol identifying the use of a building.

Monument Sign. An independent structure supported from grade to the bottom of the sign with the appearance of having a solid base.

Murals. Painted wall signs which have a majority of the sign area comprised of noncommercial content, which generally have artistic, historic or cultural themes, and which are designed and painted (or supervised) by an artist who possesses demonstrated knowledge and expertise in the design, materials, and execution of murals or other art. Commercial content of murals shall be subject to all applicable sign limitations of the underlying zone district.

Non-Commercial Sign. A sign which does not promote, identify or sell a business or product.

Nonconforming Sign. A legally established sign which fails to conform to the regulations of this chapter. Otherwise conforming signs whose height exceeds the provisions of this chapter only because a special topographical circumstance results in a material impairment of the visibility of the display or the owner's ability to adequately and effectively continue to communicate with the public through the use of the display if the sign were limited to the height allowed in this chapter shall not be considered nonconforming.

Occupancy Frontage. Each individual tenant space within a building or group of buildings which faces upon a dedicated street or public parking area between such space and street.

Off-Site Sign. Any sign which advertises or informs in any manner businesses, services, goods, persons, or events at some location other than that upon which the sign is located. Off-premises sign, billboard, and outdoor advertising structure are equivalent terms.

Open House Sign. A temporary on-site sign posted to indicate a salesperson is available to represent the property subject to sale, lease, or rent.

Outdoor Advertising Structure (Billboard). Any sign with a commercial message, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any outdoor advertising sign may be replaced with noncommercial copy. Outdoor advertising structures/billboards shall not include subdivision or tract signs (see section 17.36.080), signage affiliated with solar powered electric vehicle charging stations, or sign installed pursuant to a city sign program.

Painted Sign. Signs painted on the exterior surface of a building or structure; however, if such signs have raised borders, letters, characters, decorations or lighting appliances, they shall be considered wall signs.

Parcel or lot of real property. A parcel or lot of real property under separate ownership from any other parcel or lot and having street or highway frontage.

Political Sign. A sign other than an election sign directly associated with an ideological, political or similar noncommercial message on a sign.

Portable Sign. A sign that is not permanently attached to the ground or a building.

Projecting Sign. Any sign which is suspended from or supported by a building or wall, and which projects eighteen inches or more outward therefrom.

Promotional Sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

Public Information Center. Any display which is characterized by changeable copy, letters or symbols.

Pylon Sign. A freestanding sign that is permanently supported by one or more uprights, braces, or poles, or other similar structural components that are architecturally compatible with the main structure of the site.

Real Estate Sign. An on-site sign pertaining to the sale or lease of the premises.

Relocated Billboard. An existing billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static billboard face with an electronic message center. The relocated billboard is not considered a new outdoor advertising sign.

Revolving Sign. Any sign that revolves, either by wind actuation or by electrical means.

Roof Sign. A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof and which is wholly or partly supported by such buildings.

Shopping Center. A group of four or more businesses which function as an integral unit on a single parcel or group of parcels and utilize common off-street parking and access and is identified as a shopping center.

Sign. Any structure, housing, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or information in the nature of advertising, for any of the following purpose: to designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located; or, to advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected. This definition shall include all parts, portions, units and materials composing same, together with illumination, frame, background, structure, support and anchorage therefor.

Sign Area. The entire face of a sign, including the surface and any framing, projections, or molding, but not including the support structure. Individual channel-type letters mounted on a building shall be measured by the area enclosed by four straight lines outlining each word or grouping of words.

Sign Program. A coordinated program of one or more signs for an individual building or building complexes with multiple tenants.

Temporary Sign. A sign intended to be displayed for a limited period of time.

Time and Temperature Sign. A sign giving the time and or temperature.

Trademark. A word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business.

Tract Development Sign. A sign indicating the location of a housing tract.

Tract Directional Sign. An off-premises sign indicating direction to a tract development.

Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property.

Wall Sign. A sign painted on or fastened to a wall and which does not project more than twelve inches from the building or structure.

Window Sign. Any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure, on a permanent or temporary basis.

(Zoning Ord. dated 1/31/06, § 9109.03; Ord. No. 1382, § 3 (part).)

(Ord. No. 1424, § 3.1, 7-13-10; Ord. No. 1493, § 3(2), 4-12-16; Ord. No. 1530, §§ 4H, 4I, 9-25-18)

17.36.040 - Sign permit required.

A.

General.

1.

No sign, or temporary sign, unless exempted by this chapter, shall be constructed, displayed or altered without a sign permit or sign program approved by the city. The community development department shall review all signs unless otherwise stated.

2.

Sign permits shall be reviewed and either approved or denied by the director within thirty days of submittal of a complete application. The determination of a complete application shall be in conformance with the California Permit Streamlining Act.

3.

Determination on sign permit applications are to be guided by the standards and criteria set forth in this article. An application will be approved whenever the proposed sign conforms to all design, size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter.

4.

The director's determination shall be provided in writing, and shall include an explanation of the reasons for approval or denial. Appeal of the director's decision shall be in conformance with chapter 17.68, hearings and appeals.

B.

Sign Program. A permit for a sign program shall be required for all new commercial, office, and industrial centers consisting of three or more tenant spaces. The program shall be filed with the project application to

construct the center, and shall be processed concurrently with the project application. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. This may be achieved by:

1.

The use of the same background color, and allowing signs to be of up to three different colors per multitenant center.

2.

The use of the same type of cabinet supports, or method of mounting for signs, and the same type of construction material for components, such as sign copy, cabinets, returns, and supports.

3.

The use of the same form of illumination of the signs, with internally lit signs generally being preferred by the city due to the lack of overspill from such lighting.

4.

Uniform sign placement specifications, letter height, and logo height for both anchor tenants and minor tenants.

5.

Logos may be permitted and are not subject to the color restrictions specified in the program. However, no logo should exceed twenty-five percent of the allowable sign area.

(Zoning Ord. dated 1/31/06, § 9109.04.)

The following signs shall be exempt from the provisions of this chapter:

A.

Window signs not exceeding two square foot [feet] and limited to business identification, hours of operation, address, and/or emergency information. (Neon signs of any size require a permit, if allowed.)

B.

Signs within a structure and not visible from the outside.

C.

Memorial signs and plaques installed by a civic organization recognized by the council, when cut in masonry or bronze tablets.

D.

Official and legal notices issued by a court or governmental agency.

E.

Official flags of the United States, the State of California, County of Riverside, or the City of Banning.

F.

Identification signs on construction sites. Such signs shall be limited to one directory or pictorial display sign identifying all contractors and other parties (including lender, realtor, subcontractors, etc.). Each sign shall not exceed twenty square feet in area and six feet in height. Each sign shall be removed prior to issuance of a certificate of occupancy.

G.

Election Signs. Election signs must comply with the following requirements:

1.

Election signs shall be limited in size to the maximum allowed in the zones where located. Any freeway oriented freestanding sign shall be required to secure all applicable permits and comply with these sign regulations including section 17.36.110.

2.

No election signs shall be permitted on public property or in the public right-of-way.

3.

There are no pre-election restrictions limiting when elections signs may be erected, but the owner of the sign must remove the sign within seven days after the applicable election has ended.

4.

For all election signs, the campaign shall be deemed the owner of the sign unless it can establish that it is not the owner of the sign. In the event the campaign establishes it is not the owner of the sign, the owner of the property on which the sign is placed, shall be deemed the owner of the sign.

5.

In the event that any such sign violates the provisions of this chapter, or if it is not removed within the period provided hereunder, it shall be subject to abatement pursuant to the procedures prescribed in section 17.36.090.

6.

Except as provided in this subsection, no permit shall be required for election signs.

H.

Real estate signs for residential sales shall be one sign not exceeding four square feet in area and five feet in height, provided it is unlit and is removed within seven days after the close of escrow or the rental or lease has been accomplished. Open house signs, for the purpose of selling a single house or condominium and not exceeding four square feet in area and five feet in height, are permitted for directing prospective buyers to property offered for sale.

I.

Real estate signs for the initial sale, rental, or lease of commercial and industrial premises: One sign not to exceed twenty square feet in area to advertise the sale, lease, or rent of the premises. No such sign shall exceed eight feet in overall height and shall be removed upon sale, lease or rental of the premises or twelve months, whichever comes first. Thereafter, one sign per premise not to exceed twelve square feet in size and five feet in height is permitted for the sale, lease or rent of the premise.

J.

Future tenant identification signs: One wall or freestanding sign may be placed on vacant or developing property to advertise the future use of an approved project on the property and where information may be obtained. Such sign shall be limited to one sign, a maximum of twenty square feet in area and eight feet in overall height. Any such signs shall be single faced and shall be removed prior to the granting of occupancy permit by the city.

K.

Incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, motels and hotels, showing notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to the structure or building; provided that all of the following conditions exist:

1.

The signs number no more than three.

2.

No such sign projects beyond any property line.

3.

No such sign shall exceed an area per face of three square feet.

4.

Signs may be double-faced.

L.

Copy applied to fuel pumps or dispensers such as fuel identification, station logo, and other signs required by law.

M.

Agricultural signs, either wall or freestanding types, non-illuminated, and not exceeding four square feet for lots two acres or less and ten square feet for lots greater than two acres, identifying only the agricultural products grown on the premises. The number of such signs shall be one per street frontage or a maximum of two, with wall signs to be located below the roofline and freestanding signs to be no higher than six feet.

N.

Sign programs which have been approved prior to the adoption of this zoning ordinance.

O.

Municipal and traffic control signs: Directional signs to aid vehicle or pedestrian traffic provided that such signs are located on-site, have a maximum area which does not exceed three square feet, have a maximum overall height of four feet above grade, and are mounted on a monument or decorative pole. Such signs may be located in a required setback provided that a minimum distance of five feet from any property line is maintained. Directional signs to the railway, the airport or the highway are among the types of signs which fall in this category.

P.

Temporary window signs may be permitted on the inside of windows facing out which do not cover more than twenty-five percent of the individual window surface for a period not to exceed thirty days use during any sixty-day period. Temporary painted signs may be on the outside of the window.

Q.

Historic site and historic landmark, and neighborhood signs, when designed in conformance with standards of the California Historic Commission or a similar entity.

R.

Professionally made restroom, telephone and walkway signs of under one square foot.

S.

Emblems or signs of a political, civic, philanthropic, educational or religious organizations, if those signs are on the premises occupied by such organizations, and do not exceed twenty-four square feet in area, or number more than one emblem or sign in total.

T.

Political Signs. Political signs must comply with the following requirements:

1.

Political signs shall be limited in size to the maximum allowed in the zones where located. Any freeway oriented freestanding sign shall be required to secure all applicable permits and comply with these sign regulations including section 17.36.110.

No political signs shall be permitted on public property or in the public right-of-way.

3.

In the event that any such sign violates the provisions of this chapter, it shall be subject to abatement pursuant to the procedures prescribed in section 17.36.090.

4.

Except as provided in this subsection, no permit shall be required for political signs.

(Zoning Ord. dated 1/31/06, § 9109.05.)

(Ord. No. 1424, § 3.2, 3.3, 7-13-10; Ord. No. 1487 § 3.2, 4-18-15)

The following signs are inconsistent with the sign standards set forth in this chapter, and are therefore prohibited:

A.

Abandoned signs.

B.

Animated, moving, flashing, blinking, reflecting, revolving, or any other similar sign, except electronic message boards.

C.

All banners, flags, and pennants in the downtown commercial zoning district and located within fifty feet of a residential property.

Billboards or outdoor advertising structures. However, notwithstanding any other provision of this chapter, and consistent with the California Business and Professions Code Outdoor Advertising Act provisions, relocated billboards or outdoor advertising structures, including electronic message centers, may be considered and constructed as part of a relocation agreement entered into between the city and a billboard and/or property owner, and city identification signs may be considered and constructed as part of a lease agreement, development agreement, or other agreement between the city, a sign, and property owner and subject to the requirements of Section 17.36.110(B)(9) and chapter 17.52 of the Banning Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by the City Council resolution. The execution of a relocation, lease agreement, development agreement, or other agreement shall not operate to change the status of any billboard as a nonconforming use for the purpose of this code.

D.

Electronic Outdoor Advertising Signs, approved pursuant to section 17.36.060(D) and subject to a Conditional Use Permit only within the downtown commercial land use district.

E.

Changeable copy signs and electronic message boards, except as allowed by a Conditional Use Permit for movie theaters, arenas, stadiums, or auto malls in the commercial land use districts.

F.

Reserved.

G.

Off-site signs, except as permitted elsewhere in this ordinance.

H.

Permanent sale signs.

I.

Portable signs or A-frame signs, except in the downtown commercial zone and shall not pose a hazard to pedestrians; and shall be stable under all-weather conditions or shall be removed.

J.

Roof signs.

K.

Signs on public property or the public rights-of-way, except for traffic regulation and signs permitted by a governmental agency.

L.

Signs painted on fences or roofs.

M.

Balloons and other inflated devices or signs designed to attract attention, except with temporary use permit.

N.

Signs that are affixed to vehicles, excluding permanent signs on commercial vehicles which are driven on a daily or weekly basis.

O.

Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic.

P.

Signs which singly or in combination with other signs block more than five percent of the view from any window or door of any structure or dwelling used primarily as a residence.

Q.

Signs which singly or in combination with other signs, for any portion of the day, block natural sunlight from falling upon any window or door of any structure or dwelling used primarily as a residence.

R.

Signs which singly or in combination with other signs block more than 33% for solid lettering (or up to fifty percent if perforated vinyl window signs) of the view from any window or door of any structure used or occupied by people for more than an hour of a typical day, in all zoning districts of the City.

(Zoning Ord. dated 1/31/06, § 9109.06; Ord. No. 1377, § 1.)

(Ord. No. 1424, § 3.4, 7-13-10; Ord. No. 1447, § 3, 2-14-12; Ord. No. 1487, § 3.2, 4-28-15; Ord. No. 1493, § 3(2), 4-12-16; Ord. No. 1530, § 4J, 9-25-18; Ord. No. 1547, § 3(Exh. A), 6-25-19)

17.36.070 - Temporary signs.

Special event signs and civic event signs may be approved by the director for a limited period of time as a means of publicizing special events such as grand openings, carnivals, parades, charitable events and holiday sales. Such special event signs shall be limited to the following provisions:

A.

No special event sign shall be erected without a temporary use permit.

B.

Special event signs shall be limited to ninety days per event from the date of erection or date of permit, whichever occurs first.

C.

Special event signs shall not include promotional sales signs, and they must be taken down within a week after the conclusion of the special event.

D.

Special event signs may include balloons, inflated devices, search lights, beacons, pennants, and streamers.

E.

Such temporary signs may not be granted to the same business or location more than twice during any one year.

(Zoning Ord. dated 1/31/06, § 9109.07; Ord. No. 1448, § 9, 5-8-12)

The following shall regulate and establish a standardized program of off-site residential subdivision directional kiosk signs for the city. For the purposes of this subsection, a residential subdivision is defined as a housing project within a recorded tract where five or more structures or dwelling units are concurrently undergoing construction.

A.

No kiosk sign structure shall be located less than three hundred feet from an existing or previously approved kiosk site, except in the case of signs on different corners of an intersection.

B.

The placement of each kiosk sign structure shall be reviewed and approved by the director.

C.

All kiosk signs shall be placed on private property with written consent of the property owner.

D.

A kiosk sign location plan shall be prepared, showing the site of each kiosk directional sign, and shall be approved by the director prior to the issuance of a sign permit.

E.

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances, added to the kiosk signs as originally approved, no other non-permitted directional signs, such as posters or trailer signs, may be used.

F.

All non-conforming subdivision kiosk directional signs associated with the subdivision in question must be removed prior to the placement of directional kiosk sign(s).

G.

Kiosk signs, or attached project directional signage, shall be removed when the subdivision is sold out. The applicant (or his/her legal successors) will be responsible for removal of panels and structures no longer needed.

(Zoning Ord. dated 1/31/06, § 9109.08.)

(Ord. No. 1424, § 3.5, 7-13-10)

17.36.090 - Abatement of abandoned or illegal temporary signs.

A.

Every temporary sign not owned by the property owner of the property on which it is erected shall be marked to indicate on the sign the identity of the sign owner, provided that for any commercial sign where not otherwise indicated it shall be presumed that the business being advertised is the owner.

B.

Any abandoned or illegal temporary sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of Banning. Any sign which is (i) in deteriorating condition and not maintained in the condition in which it was originally installed, (ii) violates conditions of the sign permit, or (iii) is partially or wholly obscured by the growth of dry vegetation or weeds or by the presence of debris or litter also presents a danger to the health, safety, and welfare of the Banning community. Such signs may be abated as provided in this chapter.

C.

Any such signs as set forth above are hereby deemed to be a public nuisance. Any such sign, including any and all structural supports, shall be removed by the property owner within ten days after notice from the director, which notice shall provide an opportunity to be heard before the director on the abandonment and nuisance decision and an appeal may be taken pursuant to chapter 17.68. Any sign not removed within ten days after such notice, may be abated by the director if no appeal has been taken from the director's decision, or, if the appeal has been denied or modified. If after a reasonable effort to determine the owner of the sign, the owner cannot be found, then the city may summarily remove the sign and the same shall be stored for a period of thirty days, during which time they may be recovered by the owner.

D.

Costs of an abatement conducted pursuant to this chapter shall be assessed against the owner of the sign, and to the extent permissible under law, against the owner of the property, using the procedures established in the Banning Municipal Code.

(Zoning Ord. dated 1/31/06, § 9109.09.)

(Ord. No. 1424, § 3.6, 7-13-10)

A.

Every sign, and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable state and federal laws and regulations, and city ordinances, laws, and regulations, including, but not limited to the Uniform Building Code and the California Business and Professions Code.

B.

Every sign, including those specifically exempt from this Zoning Ordinance, in respect to permits and permit fees, and all parts, portions, and materials shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within thirty calendar days following notification by the city.

Noncompliance with such a request shall constitute a nuisance and may result in a city code enforcement action, or the assessment of penalties, or both, in accordance with the provisions of these zoning ordinances.

(Zoning Ord. dated 1/31/06, § 9109.10.)

(Ord. No. 1547, § 3(Exh. A), 6-25-19)

17.36.110 - Sign regulations.

Signs permitted in each of the city's land use districts are identified below. In addition to the following regulations, all signs must be in compliance with all other provisions of this chapter pertaining to signs.

Signs may have commercial or non-commercial messages. A non-commercial message may be substituted for the copy of any commercial sign allowed by this chapter.

A.

Signs in Residential Zones.

1.

Up to one flagpole, displaying the flag of the US or the State of California, up to thirty-five feet in height, unless a permit is obtained from the city to have a flagpole in a private park or public park for up to sixtyfive feet in height.

2.

For single family homes, the following are allowed:

a.

Up to one sign not to exceed one square foot in area, identifying the address;

b.

Up to one unlit sign not to exceed four square feet in area, pertaining to the rental, sale or lease of the property on which the sign is located. Such signs must be temporary, and may contain no flashing, blinking or reflective objects.

3.

For apartment complexes and multifamily developments, the following are allowed:

a.

Sign(s) containing the name and/or address of the development, providing that the combined area of such signs is not exceeded as established below:

i.

Up to one wall sign

ii.

Up to one freestanding sign per street frontage (which shall be in a landscaped area at least fifteen feet from the curb face, and not closer than five feet to the property line. Freestanding signs shall have a maximum height of eight feet inclusive of supporting structures.

iii.

The maximum combined area of the signs set forth above shall not exceed 20 square feet, for complexes with one hundred twenty-five feet of frontage or less, and shall not exceed thirty square feet for complexes with over one hundred twenty-five square feet of frontage.

4.

For properties in the residential zones where farming takes place, lots may have one sign per street frontage (up to a maximum of two signs) advertising only the agricultural products grown on the premises. These signs may not be illuminated, and may be either free standing or wall signs. For lots of two acres or less, each sign may be a maximum of four square feet. For lots over two acres, each sign may be a maximum of ten square feet.

5.

No neon signs are permitted in residential areas.

B.

Signs in Commercial and Industrial Zones.

1.

No sign attached to a structure shall be placed above the roof line.

2.

Wall signs. Each business in downtown commercial zoning district shall be permitted wall signs per occupancy footage. The area devoted to such signs shall not exceed one square foot of sign area per one foot of building frontage, and shall not exceed fifty square feet of sign area. An introductory sign of a maximum of five square feet shall be allowed for twenty-five percent of the sign fee to encourage business in the downtown commercial zoning district. Each business in all other commercial and industrial zoning districts shall be permitted wall signs per the area of the wall (length times height of the wall). The area devoted to such signs shall not exceed twenty percent of the wall area. The sign area maximum for wall signs shall not apply to a freeway-oriented wall sign proposed to be located and designed in such a manner as to be viewed primarily in a direct line of sight from a main traveled roadway of a freeway or a

freeway on-ramp/off-ramp and advertising onsite retail or service-oriented businesses. Freeway-oriented wall signs shall be subject to all requirements of section 17.36.110(B)(6), including requiring the approval of a conditional use permit.

3.

Monument signs. Each parcel or property shall be permitted one monument sign subject to all of the following conditions being met:

a.

One square foot of sign area for one foot of building frontage is permitted. Such sign shall not exceed fifty square feet.

b.

The buildings must be set back at least twenty-five feet from the property line.

c.

The monument sign shall be located in a landscaped planter area not less than fifty square feet, with one dimension being at least four feet.

d.

The monument sign may be no more than eight feet high.

e.

Shopping centers may have one monument sign not to exceed one square foot of display face per one foot of building frontage, not to exceed one hundred square feet, for center identification. Said sign may include reader panels, and or a bulletin or a changeable copy pane.

4.

Painted signs. Each business shall be permitted painted signs subject to the following conditions:

a.

Said signs shall be in combination with or in lieu of wall signs.

b.

The area of said painted sign shall be deducted from the total allowable wall sign.

5.

Accessory signs. Signs denoting credit cards, hours of operation, etc., shall be allowed but shall not exceed three square feet in total area.

Freeway-oriented freestanding sign. Freeway-oriented freestanding signs, including city identification signs, shall be allowed subject to the following requirements:

a.

Said sign shall be located and designed in such a manner as to be viewed primarily in a direct line of sight from a main traveled roadway of a freeway or a freeway on-ramp/off-ramp. The phrase "viewed primarily in direct line of sight from" shall mean that the message may be seen with reasonable clarity for a greater distance by a person traveling on the main traveled roadway of a freeway or on-ramp/off-ramp than by a person traveling on the street adjacent to the sign.

b.

Said signs shall be limited to on-site retail or services businesses. Shopping centers may have one freeway-oriented sign and shall include city identification or city logo as approved by planning commission. Said city identification or logo shall be excluded from the display face area calculation. When the display area of the sign is used for commercial speech, the copy must qualify as onsite to the business or shopping center.

c.

Said sign shall not block another freeway-oriented freestanding sign, city identification signs. The applicant shall be responsible for providing the planning commission with a line-of-sight analysis prepared by a registered civil engineer or architect to assure satisfactory compliance with this requirement, as determined by the director.

d.

Said sign shall be located in a planter area not less than fifty square feet with one dimension being at least six feet, unless from the evidence presented to the planning commission it can be determined that the area is not visible from public street or right-of-way, or the absence of the planter shall not be detrimental to the appearance of the area.

e.

Said sign shall not exceed an overall height of eighty (80') feet.

f.

Said sign shall not exceed twelve-hundred (1,200') e square feet per display face, excluding the city identification and logo, if applicable.

g.

Said sign shall require approval of a conditional use permit pursuant to chapter 17.52, except that if said sign is a city identification sign, the sign shall be subject to the requirements of subsection (B)(9) of this section, section 17.36.060(D), and chapter 17.52, and if said sign is a relocated billboard or outdoor advertising structure, the sign shall be subject to the requirements of section 17.36.060(D). In addition to satisfying requirements set forth above in this section 17.36.110(B)(6) of the Banning Municipal Code, the

following findings must be made prior to approval of a conditional use permit pursuant for a freewayoriented freestanding sign, without consideration of message content of the proposed signs:

i.

The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary.

ii.

The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location.

iii.

The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested.

iv.

The needs of the traveling public for identification and directional information justifies the sign requested.

7.

One flag pole, displaying one or more flags of the state and nation, not to exceed thirty-five feet in height.

8.

Any existing freestanding sign shall be considered legal and conforming, but shall not be altered or replaced except by approval of a conditional use permit.

9.

City identification sign. City identification signs shall be allowed subject to approval by City Council resolution and the following requirements:

a.

City identification signs shall not be permitted south of Interstate 10 from Sunset to Hargrave.

b.

The City shall have the right to place public service announcements and emergency service announcements on any such electronic messaging center so long as they are not excessive or burdensome. The limits on public service announcements will be stipulated in a City Council agreement.

c.

The use of onsite electric generators to power digital billboards for normal operations shall be prohibited.

d.

The sign face for any City identification sign shall not overhang onto Interstate 10 or any other state highway.

e.

Signs shall be shielded to prevent light or glare intrusion onto adjoining properties that are located within five hundred (500) feet.

f.

Message changes on any electronic message center shall be limited to one message every six (6) seconds, or that allowed by the California Department of Transportation, whichever is greater.

g.

No electronic message center shall simulate motion or exhibit any images or series of images that could be considered "animated" in any way, including but not limited to sequential still images that update faster than once every six (6) seconds. No electronic message center shall contain any flashing, sparkling, intermittent or moving lights. There shall be no flashing or scrolling messages. Changes in color or light intensity on a still image or message at a rate faster than once every six (6) seconds are also not permitted.

h.

Electronic message centers shall contain automatic dimmers that maintain a maximum luminance of 7,500 nits during the daylight hours, and 500 nits from dusk (official sunset) to sunrise and during times of fog (One nit is equivalent to one candela per square meter). Each electronic message center shall be equipped with a mechanism to monitor brightness.

i.

Reserved.

j.

City identification signs shall not be illuminated between the hours of 11:00 p.m. to 5:00 a.m. when located within five hundred (500) feet of an existing residential property, or residentially zoned property.

k.

The following advertising shall not be permitted: adult entertainment, mud wrestling, alcohol (except beer and wine), tobacco products of any type, or other content that could be reasonably considered sexually explicit or pornographic be community standards. Objectionable advertising shall be set forth in the City Council agreement.

l.

City identification signs shall require permit approval through the Building and Safety Division, CalTrans, the Riverside County Airport Land Use Commission if located within a compatibility zone, a beautification zone, and also require the approval of any other responsible agency, as necessary.

m.

City identification signs shall include architectural enhancements that add aesthetic appeal.

n.

City identification signs shall not exceed 55 feet in height.

o.

City identification signs shall not exceed a face area of 14 by 48 feet, inclusive of City identification.

p.

City identification signs and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City regulations and the Uniform Building Code (BMC Section 17.36.100(A)).

q.

City identification signs shall be maintained and kept in good repair. The display surface shall be kept clean, neatly maintained, and free from rust or corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 calendar days following notification by the City. Noncompliance with such a request shall constitute a nuisance and penalties may be assessed.

r.

Any sign agreement shall include a provision requiring the billboard owner to demonstrate that they have made reasonable efforts to solicit advertising from local businesses and nonprofits, including discounts and incentives during periods where other advertising cannot be obtained. Local businesses are defined as any business located within the City limits.

s.

Enforcement provisions shall provide for written notice of violations and the opportunity to cure breaches, the potential to recover liquidated damages, the posting of securities where repeated violations occur, and the right to recover attorney fees and costs in the event that administrative or legal action is required.

t.

Any other provisions contained in the lease agreement, development agreement, or other agreement that the City deems to be appropriate to protect the public health, safety, and welfare of the City.

(Zoning Ord. dated 1/31/06, § 9109.11; Ord. No. 1377, § 2)

(Ord. No. 1419, § 5, 1-26-10; Ord. No. 1424, § 3.7, 7-13-10; Ord. No. 1447, §§ 3—6, 2-14-12; Ord. No. 1487, § 3.2, 4-28-15; Ord. No. 1530, § 4K, 9-25-18; Ord. No. 1547, § 3(Exh. A), 6-25-19)

A.

General. The following design guidelines shall be consulted prior to developing signs for any project. Unless there is a compelling reason, these design guidelines shall be followed. If a guideline is waived, the mayor and city council shall be notified. An appeal, which does not require a fee, may be filed by the mayor or any council person within fifteen days of the waiver approval.

1.

Use a brief message: The fewer the words, the more effective the sign. A sign with a brief, succinct message is simpler and faster to read, looks cleaner and is more attractive.

2.

Avoid hard-to-read, overly intricate typefaces: These typefaces are difficult to read and reduce the sign's ability to communicate.

3.

Avoid faddish and bizarre typefaces: Such typefaces may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business.

4.

Sign colors and materials: should be selected to contribute to legibility and design integrity. Even the most carefully thought out sign may be unattractive and a poor communicator because of poor color selection. Day-glo colors must be avoided.

5.

Use significant contrast between the background and letter or symbol colors: If there is little contrast between the brightness or hue of the message of a sign and its background, it will be difficult to read.

6.

Avoid too many different colors on a sign: Too many colors overwhelm the basic function of communication. The colors compete with content for the viewer's attention. Limited use of the accent colors can increase legibility, while large areas of competing colors tend to confuse and disturb.

7.

Place signs to indicate the location of access to a business: Signs should be placed at or near the entrance to a building or site to indicate the most direct access to the business.

8.

Place signs consistent with the proportions of scale of building elements within the facade: Within a building facade, the sign may be placed in different areas. A particular sign may fit well on a plain wall area, but would overpower the finer scale and proportion of the lower storefront. A sign which is appropriate near the building entry may look tiny and out of place above the ground level.

9.

Place wall signs to establish rhythm across the facade, scale and proportion where such elements are weak. In many buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

10.

Avoid signs with strange shapes: Signs that are unnecessarily narrow or oddly shaped can restrict the legibility of the message. If an unusual shape is not symbolic, it is probably confusing.

11.

Carefully consider the proportion of letter area to overall sign background area: If letters take up too much sign, they may be harder to read. Large letters are not necessarily more legible than smaller ones. A general rule is that letters should not appear to occupy more than seventy-five percent of the sign panel area.

12.

Make signs smaller if they are oriented to pedestrians: The pedestrian-oriented sign is usually read from a distance of fifteen to twenty feet; the vehicle-oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign need be.

B.

Wall or Fascia Signs.

1.

Building wall and fascia signs should be compatible with the predominant visual elements of the building. Commercial centers, offices, and other similar facilities are required to be part of a sign program in accordance with the provisions of this chapter.

2.

Where there is more than one sign, all signs should be complementary to each other in the following ways:

a.

Type of construction materials (cabinet, sign copy, supports, etc.)

b.

Letter size and style of copy

c.

Method used for supporting sign (wall or ground base)

d.

Configuration of sign area

e.

Shape to total sign and related components

3.

The use of graphics consistent with the nature of the product to be advertised is encouraged, i.e., hammer or saw symbol for a hardware store, mortar and pestle for a drug store.

4.

Direct and indirect lighting methods are allowed provided that they are not harsh or unnecessarily bright. The use of can-type box signs with translucent backlit panels are less desirable. Panels should be opaque if a can-type sign is used and only the lettering should appear to be lighted. The overspill of light should be negligible.

5.

The use of backlit individually cut letter signs is strongly encouraged.

6.

The use of permanent sale or come-on signs is prohibited.

7.

The identification of each building or store's address in six-inch high numbers over the main entry doorway or within ten feet of the main entry is encouraged.

C.

Monument Signs.

1.

Monument signs are intended to provide street addresses, and identification for the commercial center development as a whole and for up to three major tenants.

2.

All tenant signs should be limited in size to the width of the architectural features of the sign and shall be uniform in size and color.

3.

A minimum of ten percent of the sign area of monument signs for center developments should be devoted to identification of the center or building by address or name.

Monument signs should be placed perpendicular to approaching vehicular traffic.

5.

Each monument sign should be located within a planted landscaped area which is of a shape and design that will provide a compatible setting and ground definition to the sign, incorporating the following ratio of landscape area to total sign area:

a.

Monument: Four square feet of landscaped area for each square foot of sign area (one side only).

b.

Directory: Two square feet of landscaped area for each square foot of sign area.

(Zoning Ord. dated 1/31/06, § 9109.12.)

17.36.130 - Nonconforming signs.

A.

A legally established sign which fails to conform to this chapter shall be allowed continued use, except that the sign shall not be:

1.

Structurally altered so as to extend its useful life.

2.

Expanded, moved, or relocated.

3.

Re-established after a change in use.

4.

Re-established after a business has been abandoned for one hundred twenty days or more.

5.

Re-established after damage or destruction of more than fifty percent.

B.

Sign copy and sign faces may be changed on nonconforming signs when there is no change in use of the site or when only a portion of a multiple tenant sign is being changed.

C.

Any non-conforming sign shall be required to be brought into conformance or abated.

(Zoning Ord. dated 1/31/06, § 9109.13.)

A.

The director shall remove or cause the removal of any fixed, permanent sign constructed, placed or maintained in violation of this chapter, after thirty days following the date of mailing of registered or certified written notice to the owner of the sign, if known, at the last known address or to the owner of the property as shown on the latest assessment roll, or to the occupant of the property at the property address.

B.

The notice shall describe the sign and specify the violation involved, and indicate that the sign will be removed if the violation is not corrected within thirty days. If the owner disagrees with the opinion of the director, the owner may, within the said thirty-day period request a hearing before the planning commission to determine the existence of a violation.

C.

If salvageable in the opinion of the director, signs removed by the Director pursuant to this chapter shall be stored for a period of sixty days, during which time they may be recovered by the owner upon payment to the city for costs of removal and storage. If not recovered prior to expiration of the sixty-day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest to the city, and the cost of removal shall be billed to the owner or lien placed on the property upon which said sign was erected.

(Zoning Ord. dated 1/31/06, § 9109.14.)

Editor's note— Sec. 3 of Ord. No. 1447, adopted Feb. 14, 2012, repealed zoning section 9109.15 from which this section 17.36.150 derived. Former § 17.36.150 pertained to establishing compliance and was amended by Ord. 1377.

17.36.160 - Inventory and abatement—Variances—Penalties.

A.

Inventory and Abatement. Within six months from the date of adoption of this zoning ordinance, the city shall commence a program to inventory and identify illegal or abandoned signs within its jurisdiction. Within sixty days after this six-month period, the city may commence abatement of identified illegal or abandoned signs. If a previously legal sign is merely nonconforming, however, the terms of section 17.36.150 of this zoning ordinance titled "Establishing Compliance," shall apply.

B.

Variances. Variances from these sign ordinances are strongly discouraged. However, where results inconsistent with the general purposes of this ordinance would occur from its strict literal interpretation and enforcement, the planning commission may grant a variance therefrom upon such terms and conditions as it deems necessary.

C.

Penalties. Each violation of this ordinance or any regulation, order or ruling promulgated or made hereunder, shall be punishable by a fine of not more than two hundred dollars per day, with each calendar day in violation, constituting a separate offense.

(Zoning Ord. dated 1/31/06, § 9109.16.)

Murals shall be allowed by permit reviewed by the beautification and mural council of the Banning Chamber of Commerce and permitted by the city's community development department. Applications shall be on a form devised by the community development department. A permit for a mural will be granted when the following conditions have been satisfied:

A.

Completed application;

B.

Sign permit fee paid;

C.

Approved by the beautification and mural council of the Banning Chamber of Commerce;

D.

The mural shall not cause a pedestrian or vehicular safety hazard;

E.

The mural shall be applied to the wall of a building; and

F.

The mural shall be maintained.

(Ord. No. 1382, § 3 (part).)

Signs within adopted specific plan areas shall conform to the sign requirements as indicated within the individual specific plan. However, in the event sign requirements are not provided in the individual specific plans, all signs within the specific plan areas shall conform to the provisions of chapter 17.36. If the land

use within the specific plan is not specifically identified in the zoning ordinance, the most appropriate (closely related) use of the area shall apply, as determined by the community development director.

(Ord. No. 1493, § 3(2), 4-12-16)

Notwithstanding section 17.36.070, the city of Banning may install flags, banners, and/or pennants on cityowned utility poles. The city manager shall establish a written banner program to regulate the installation of flags, banners, and pennants on city-owned utility poles. Banners and pennants shall be installed in compliance with the banner program established by the city manager.

(Ord. No. 1493, § 3(2), 4-12-16)

Chapter 17.40 - ANIMAL KEEPING STANDARDS

The purpose of these standards is to clearly define the numbers of animals allowed in each of the zoning districts. The animal keeping standards are intended to:

A.

Allow the keeping of animals as pets in all residential zones.

B.

Allow the keeping and raising of animals on lots of sufficient size to accommodate a larger number of animals.

C.

Preserve the enjoyment of their land by all property owners.

(Zoning Ord. dated 1/31/06, § 9110.01.)

The provisions of this chapter shall apply to all zoning districts included in division II of this zoning ordinance, including both existing and new or redeveloped projects, and single-family homes, regardless of when they were constructed.

(Zoning Ord. dated 1/31/06, § 9110.02.)

A.

Animals may be kept in the residential districts only. The keeping of animals on lands designated for commercial, industrial or public facilities uses is prohibited, except for pet stores and veterinary facilities as permitted in the commercial districts.

B.

The keeping of animals shall conform to the following table:

Table 17.40.030

Animal Keeping Standards[1]

1 Any animal not specifically listed shall be classified by the director.

2 Unweaned offspring shall not be counted in determining the number of dogs or cats.

3 Large animals shall include goats, sheep, horses, cattle, llamas, swine, emus and ostriches. The total number allowed is cumulative.

4 On substandard lots created prior to the adoption of this zoning ordinance in the VLDR district (lots of less than twenty thousand s.f.), one large animal shall be permitted on lots of twelve thousand s.f. to sixteen thousand s.f., and two shall be permitted on lots of sixteen thousand one s.f. to nineteen thousand nine hundred ninety-nine s.f.

5 For any lot less than twenty thousand s.f. a maximum of three dogs and cats, or any combination thereof, not to exceed three, shall be permitted.

6 For lot(s) twenty thousand s.f. and larger a maximum of six dogs and cats, or any combination thereof, not to exceed six, shall be permitted.

7 A maximum of three dogs or cats, or any combination thereof, not to exceed three, shall be permitted in the LDR zone district.

8 A maximum combined total of eight dogs and/or cats per lot shall be permitted in the R/A, R/A/H, RR and RR/H zone district.

C.

All animal keeping shall comply with all laws regarding the proper care and number of animals.

D.

All animal keeping structures shall comply with the development standards of the zone in which they are located, including setbacks.

E.

All animals shall be kept in fenced enclosures at all times. Dogs and cats may be kept in fenced yards without additional enclosures, if proper shelter is provided. Pot-bellied pigs, fowl, rabbits and large animals shall be kept in appropriate enclosures within a fenced yard (pig runs, chicken coops, rabbit warrens, corrals and/or stables).

F.

Each pot-bellied pig shall be provided a minimum of seventy-five square feet in an enclosure.

G.

Each large animal shall be provided a minimum of four hundred square feet of fenced area.

H.

All facilities shall be kept in a clean and sanitary manner at all times.

I.

The offspring of large animals shall not be counted in determining the number of animals on a lot, if the offspring is within the following age range:

1.

Horses: six months;

2.

Cattle: six months;

3.

Swine: ninety days;

4.

Sheep: ninety days;

5.

Goats: ninety days;

Llamas: twelve months;

7.

Emus and ostriches: four months.

J.

No person shall allow to remain on a property, an animal which habitually disturbs the peace and quiet of the inhabitants of a neighborhood by howling, barking, crying, braying, or making other similar noises.

K.

Exotic animals not listed above are prohibited.

(Zoning Ord. dated 1/31/06, § 9110.03; Ord. No. 1393, § 2.)

Chapter 17.42 - REASONABLE ACCOMMODATIONS IN CITY HOUSING REGULATIONS AND DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS

It is the purpose of this chapter, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the city's land use, zoning, and building standards, regulations, policies, and procedures and to establish relevant criteria to be used to ensure equal access to housing. The purpose of this chapter is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various city laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations.

(Ord. No. 1462, § 2, 3-12-13)

17.42.020 - Applicability.

A.

Any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities may seek relief from any land use, zoning or building standard, regulation, policy or procedure found in titles 15 or Title 17 of this code to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities by requesting a reasonable accommodation in the manner prescribed in following section 17.42.40.

B.

The city shall waive land use, zoning, and building standards, regulations, policies, and procedural requirements when such waiver is necessary to eliminate barriers to housing opportunities. Such waivers for reasonable accommodation may include, without limitation, a household's reasonable waiver of residential fence or structural height restrictions to accommodate specific disabilities, reasonable waivers

of building size or set-back restrictions to accommodate necessary disability accommodations such as wheelchair ramps or expanded parking spaces.

C.

The reasonable accommodation rules set forth in this chapter apply to proposals to modify existing structures as well as new development, as when a household applies to the city in order to modify their existing residence as necessary to reasonably accommodate a specific disability, subject to the findings and requirements of this chapter. Proposals to modify structures, especially single-family homes, should respect existing development patterns if reasonably possible.

(Ord. No. 1462, § 2, 3-12-13)

17.42.030 - Definitions.

A.

"Applicant" means a person, business, or organization making a written request to the city for reasonable accommodation.

B.

"City" means the City of Banning.

C.

"Code" means the Banning Municipal Code.

D.

"Department" means the community development department.

E.

"Director" means the director of community development.

F.

"Disabled or handicapped person" means an individual with a qualifying disability under the Fair Housing Laws. Generally, any person with any mental or physical impairment, disorder or condition, which substantially limits one or more major life activities, including physical, mental and social activities and working. "Disabled or handicapped person" does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania.

G.

"Fair Housing Laws" means the "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable

accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), and Civil Code § 54, as any of these statutory provisions now exist or may be amended from time to time by either legislative act or published judicial decisions.

H.

"Reasonable accommodation" means a modification or exception to the standards, regulations, policies and procedures contained in title 15 or title 17 of this code for the siting, development and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city's planning and zoning program.

(Ord. No. 1462, § 2, 3-12-13)

17.42.040 - Requesting reasonable accommodation.

A.

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this chapter, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the city.

B.

If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.

C.

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the department, shall be signed by the owner of the property and submitted to the director, and shall include the following information:

1.

The name, address and telephone number of the applicant;

2.

The name, address and telephone number of the individual with a disability for whom the reasonable accommodation is being requested;

3.

The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made. If the applicant is someone other than the property owner, a letter

of agency or authorization signed by the property owner consenting to the application being made is required;

4.

The address and current use of the property for which the reasonable accommodation request is being made;

5.

A description of how the subject property will be used by the disabled individual(s);

6.

A description of the reasonable accommodation request and the specific land use, zoning or building standard, regulation, policy or procedure to be modified or waived;

7.

The basis for the claim that the Fair Housing Laws applies to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws;

8.

The specific reason the requested accommodation is necessary to make the particular housing unit reasonably accessible and available to the disabled individual(s);

9.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested; and

10.

A filing fee in an amount as determined from time to time by resolution of the city council, but not to exceed the reasonable estimated costs to the city in processing the application.

(Ord. No. 1462, § 2, 3-12-13)

17.42.050 - Decision on application.

A.

The director may approve, conditionally approve, or deny an application for a reasonable accommodation for an existing use or a proposed new use that only requires a ministerial permit or approval. The director shall issue a written determination within thirty days of the date of receipt of a completed application. The director may:

Grant the accommodation request in full,

2.

Grant the accommodation request subject to specified nondiscriminatory conditions that are consistent with the requested reasonable accommodation, or

3.

Deny the request.

Notice of the director's determination shall be mailed first class to the applicant and adjacent property owners within three hundred feet of the project boundary. The notice of the director's decision shall state the facts and evidence upon which the director's decision was based in connection with the findings stated in section 17.42.060.

B.

If the project for which the request for a reasonable accommodation is made requires a discretionary permit or approval, then the application for a reasonable accommodation will be heard at the same time as, and in conjunction with, the applicable discretionary permit or approval. The planning commission shall consider an application at the next reasonably available regular planning commission meeting that occurs after the application for reasonable accommodation is complete. The application for reasonable accommodation shall be heard as a public hearing item. At the conclusion of the public hearing and determination thereon by the planning commission, the director shall issue a written statement of the planning commission's determination within thirty days. The planning commission may:

1.

Grant the accommodation request,

2.

Grant the accommodation request subject to specified nondiscriminatory conditions that are consistent with the requested reasonable accommodation, or

3.

Deny the request.

Notice of the planning commission's determination (which may be in the form of a resolution adopted by the commission) shall be mailed first class to the applicant and adjacent property owners within three hundred feet of the project boundary. The notice of the planning commission's decision shall state the facts and evidence upon which the commission's decision was based in connection with the findings stated in section 17.42.060.

C.

If necessary to reach a determination on any request for reasonable accommodation, the director may request further information from the applicant after the applicant has submitted its initial application. Such

request for additional information shall:

1.

Be consistent with this chapter; and

2.

Specify in detail what information is required; and

3.

Request additional information only to the extent such information is reasonably necessary to render the findings required by this chapter.

In the event that a request for further information is made, the application will not be deemed "complete" until the applicant reasonably responds to the request with responsive information.

D.

A reasonable accommodation that is granted pursuant to this chapter shall not require the approval of any variance as to the reasonable accommodation.

(Ord. No. 1462, § 2, 3-12-13)

17.42.060 - Required findings.

The following findings must be made in order to approve any request for reasonable accommodation:

A.

The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the fair housing laws.

B.

The request for reasonable accommodation is necessary to make specific housing available to one or more disabled individuals protected under the Fair Housing Laws.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the city. "Undue financial or administrative burden" is defined in the Fair Housing Laws.

D.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city. "Fundamental alteration" is defined in the Fair Housing Laws.

E.

The requested reasonable accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(Ord. No. 1462, § 2, 3-12-13)

In granting a request for a reasonable accommodation, the director or planning commission, as applicable, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by section 14.44.060, the Fair Housing Laws and the intent of this chapter. Such conditions may generally include, but are not limited to, the following restrictions:

A.

The city's general/standard conditions of approval applicable to all projects;

B.

That the reasonable accommodation shall only be applicable to particular disabled individual(s); and/or

C.

That the reasonable accommodation shall only be applicable to the specific use for which application is made.

(Ord. No. 1462, § 2, 3-12-13)

17.42.080 - Appeals.

A.

Director Decision. Any applicant who is dissatisfied by the decision made by the director on an application for a reasonable accommodation may appeal the director's decision to the planning commission. The appeal must be filed via written notice detailing the grounds for appeal, such notice must be received by the director within fifteen days of the mailing of the director's decision. Upon the filing of a notice of appeal, the director will set the matter for a public hearing before the planning commission to occur not later than sixty days from the date of filing. Notice of the appeal hearing will be given to the applicant by mail at least ten days prior to the hearing. Any person who is dissatisfied by the decision of the planning commission may make a further appeal to the city council in accordance with applicable procedures of section 17.68.090 et seq. of this code. The planning commission's decision will be final absent a timely appeal to the city council.

B.

Planning Commission Decision. A decision of the planning commission on an application for a reasonable accommodation considered concurrently with another application for a discretionary approval is subject to the same appeal rights and procedures that apply to the other discretionary approval or pursuant to section 17.68.090 et seq., as applicable.

(Ord. No. 1462, § 2, 3-12-13)

A.

Expiration. Any reasonable accommodation approved under this chapter will expire within twelve months from the effective date of approval or at such alternative time specified as a condition of approval unless:

1.

A building permit has been issued and construction has commenced;

2.

A certificate of occupancy has been issued;

3.

The use is established; or

4.

A time extension has been granted.

B.

Revocation.

1.

Director Decisions. If the director was the last reviewing authority to grant a reasonable accommodation application, the director may revoke or modify such reasonable accommodation permit if the findings required in this section can be made with the support of substantial evidence.

2.

Planning Commission and/or City Council Decisions. If the planning commission or city council was the last reviewing authority to grant a reasonable accommodation application, the planning commission may revoke or modify such reasonable accommodation permit if the findings required in this section can be made with the support of substantial evidence. The commission shall hold a public hearing to revoke or modify a reasonable accommodation granted pursuant to the provisions of this chapter. At least ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the reasonable accommodation was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Riverside, and/or the project applicant.

3.

Required Findings. Any decision to modify or revoke a reasonable accommodation can be made only if at least one of the following findings can be made with the support of substantial evidence:

(a)

Circumstances have changed so that one or more of the findings contained in section 17.42.060 can no longer be made;

(b)

The reasonable accommodation was obtained by misinformation, misrepresentation or fraud; or

(c)

One or more of the conditions of the reasonable accommodation have not been met.

4.

Notice and Appeal. Written notice of any decision to revoke or modify a reasonable accommodation permit shall be mailed by first class mail to the owner as shown on the current tax rolls of the County of Riverside and/or the applicant. The determination may be appealed in accordance with section 17.42.080.

C.

Termination. If the individual with a disability who initially occupied the applicable dwelling ceases to reside at the premises, the reasonable accommodation will remain in effect only if the director determines that:

1.

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this code, or

2.

The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling.

The director may request that any successor-in-interest to the property provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a written request by the director will result in the termination of a previously-approved reasonable accommodation and the applicable premises must subsequently be made to conform to code.

(Ord. No. 1462, § 2, 3-12-13)

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.

(Ord. No. 1462, § 2, 3-12-13)

Division IV. - ADMINISTRATION Chapter 17.44 - ADMINISTRATION— GENERAL PROVISIONS

A.

The purpose of this Chapter is to outline procedures for filing applications, and for processing the various land use permits, subdivision maps, variances and other regulatory review and approval responsibilities of the Community Development Department, the Planning Commission, and of the City Council. This Chapter also provides for the review and processing of development agreements, and amendment to the General Plan and to this Zoning Ordinance.

B.

The system of regulatory review and permit approval provides a range of sequenced steps and procedures which are correlated to the type(s) of use proposed, the intensity of the use, the appropriateness of the use (and the impact of such use on neighbors, on natural resources, and on city services), for the municipality as a whole, and for the zoning district in particular.

C.

The Review Authority Table below identifies the full range of land use permit options and applicable final review authority. Appeals of the Director's determinations are to the Planning Commission, and appeals of Planning Commission determinations are to the City Council.

Table 17.44.010

Review Authority

Note: When an item indicates more than one permitting entity, the determination as to which authority (entity) is used, is based upon the intensity of the proposed use.

• Planning Commission recommends to the City Council for final determination.

(Zoning Ord. dated 1/31/06, § 9111.01)

(Ord. No. 1414, § 3(exh. A), 1-26-10; Ord. No. 1420, § 3.1a), 4-13-2010; Ord. No. 1530, § 4M, 9-25-18)

Projects requiring multiple applications may file all applications concurrently and pay appropriate fees, as outlined below in Applications and Fees. Processing and environmental review will be concurrent, and final decision on the project shall be made by the highest level of review authority, pursuant to the Review Authority Table. For example, a project requiring Design Review and a Tentative Tract Map shall be reviewed by the Planning Commission, which will make its recommendation to the City Council. The City Council, in this case, would have final authority on both the Design Review and the Tentative Tract Map.

(Zoning Ord. dated 1/31/06, § 9111.02.)

A.

Applicants or their designated representatives may request a pre-application conference prior to formal submission of a single land use permit application.

B.

During the conference, Department representatives will give the applicant an overview of departmental policies, plans, and requirements which relate to the proposed development project; shall review the appropriate procedures outlined in this Zoning Ordinance; and shall identify possible alternatives or modifications related to the proposed project which may be desirable with respect to achieving the goals of the City's General Plan and Vision Statement.

C.

The applicant should inform staff of any future plans, additions, phases, variances, as well as intended or potential changes to any aspect of the project, which relate to the existing or initial application. This will provide staff with a more complete overview of the developer's plans, and with a better idea of the full impact of these plans. Full disclosure at the beginning of the process should eliminate redundancy of effort, as well as confusion, and should help to clarify and streamline the application process.

D.

Staff should inform the developer or applicant of any other municipal departments, boards or committees which may need (or wish) to review such plans; and if known, should inform the applicant of any other levels of government which the applicant may need to contact (such as Riverside County Health Department).

(Zoning Ord. dated 1/31/06, § 9111.03.)

Chapter 17.48 - APPLICATIONS AND FEES

These provisions are intended to explain the requirements and procedures for the filing of applications for permits, amendments and approvals.

(Zoning Ord. dated 1/31/06, § 9112.01.)

17.48.020 - Filing procedures.

A.

Requests for permits and other regulatory determinations must be processed fairly, and evenhandedly, and in a way that puts all applicants on an equal footing with one another. Steps in the application process should be clearly laid out, and adhered to by staff as well as by the applicant, so that due process is provided. Both applicants and the public need to have a level of comfort in the process, and a level of confidence that reasonable and predictable outcomes will be achieved.

B.

Applications for permits, permit modifications, amendments, and other matters pertaining to this Zoning Ordinance shall be filed with the Community Development Department on a formal City application form provided by the Department. This application must be completed in full, prior to acceptance by the City. All related fees, plans, maps, and any other documents or information, requested by the Department, shall be submitted by the applicant, as well.

C.

The application shall be made by the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Zoning Ordinance, or the agent(s) of such persons. If the applicant is not the owner of the property, the applicant shall secure authorization from the owner of the property to process the application, either through the signing of the application by the owner, or a separate letter of authorization.

(Zoning Ord. dated 1/31/06, § 9112.02.)

A.

The Council shall, by resolution, establish a schedule of fees for permits, amendments and other matters pertaining to this Zoning Ordinance. The schedule of fees may be changed or modified by resolution of the Council. Until all applicable fees have been paid in full, review shall not commence on any application. Failure to pay the applicable fees is grounds for denial of the application.

B.

Requests by an applicant to the Department (which have been agreed to by the Department) for additional maps or photocopies, extra copies of the zoning ordinance, extraordinary staff time, or the like, must all be billed by the Department and paid by the applicant, prior to delivery of such services.

(Zoning Ord. dated 1/31/06, § 9112.03.)

Chapter 17.52 - CONDITIONAL USE PERMITS

A.

Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to established development standards and design guidelines.

B.

This review shall determine whether the proposed use should be permitted by weighing the public need for the benefit to be derived from the use, against any negative or undesirable impacts which it may cause. Limits which the Planning Commission might want to impose, could include restrictions on the hours of business operation; restrictions on the number of clients or patients which the business may service at any one time; increased visual and sound barriers; improved technologies or equipment which lessen any noise, light or odor emitted by the business or other use; as well as any other conditions which could help make the use more compatible with the neighborhood in which it is proposed to be located.

(Zoning Ord. dated 1/31/06, § 9113.01.)

An application for a Conditional Use Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.48 of this Zoning Ordinance, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9113.02.)

Each Conditional Use Permit application shall be analyzed to assure that the application is consistent with the intent and purpose of this chapter, the policies and programs of the General Plan, and the Development Standards and Guidelines of the district in which it is to be located.

(Zoning Ord. dated 1/31/06, § 9113.03.)

Upon receipt in proper form of a Conditional Use Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.68, Hearings and Appeals.

A.

Setting Hearings.

1.

There shall be a public hearing before the Planning Commission on all applications for the granting of a Conditional Use Permit.

2.

All applications for the granting of a Conditional Use Permit shall be set by the Secretary of the Planning Commission.

B.

Notices. Notice of time and place of public hearings shall be given in the following manner:

1.

Notice of any public hearing up on an application for grant of a Conditional Use Permit shall be given by at least one (1) publication in a newspaper of general circulation at least ten (10) days before the date of said hearing.

2.

Notice of public hearing to consider a Conditional Use Permit shall also be given by posting or by mailing a written notice not less than ten (10) days prior to the date of such hearing to the owners or property within a radius of three hundred (300) feet of the exterior boundaries of the property for which the CUP is to be issued, except in the R/A, R/A/H, RR, RR/H, and VLDR zones, in which case the notice shall be sent to all owners of property within a radius of 1,200 feet. Notice shall be given to and at the last known name and address of such owners as shown upon the current tax rolls of the County Assessor of the County of Riverside.

(Zoning Ord. dated 1/31/06, § 9113.04.)

After a public hearing, the Commission shall record the decision in writing the findings upon which such decision is based. The Commission may approve and/or modify a Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:

A.

The proposed use is consistent with the General Plan;

B.

The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this Ordinance;

C.

The proposed use would not impair the integrity and character of the land use district in which it is to be located;

D.

The subject site is physically suitable for the type and intensity of land use being proposed;

E.

There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

F.

There will not be significant harmful effects upon environmental quality; natural resources; or neighborhood characteristics;

G.

The proposed location, size, design, and operating characteristics of the proposed use will not be detrimental to the public interests, health, safety, convenience, or welfare of the City.

(Zoning Ord. dated 1/31/06, § 9113.05.)

No permit shall be issued for any use involved in an application for approval of a Conditional Use Permit until, and unless, the same shall have become final.

(Zoning Ord. dated 1/31/06, § 9113.06.)

A Conditional use Permit shall be exercised by the commencement of construction within 2 years from the date of approval or the Conditional Use Permit shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, the Conditional Use Permit shall become null and void. Projects may be built in phases if pre-approved by the review authority.

(Zoning Ord. dated 1/31/06, § 9113.07.)

Minor modifications to an approved Conditional Use Permit may be approved be the Director, pursuant to Chapter 17.84, Minor Modifications. Any other modifications will require review by the Planning Commission.

(Zoning Ord. dated 1/31/06, § 9113.08.)

The Community Development Director may, upon an application being filed 30 days prior to expiration and for good cause, grant one time extension not to exceed 12 months. Upon granting of an extension, the Community Development Director shall ensure that the Conditional Use Permit complies with all current Ordinance provisions.

(Zoning Ord. dated 1/31/06, § 9113.09.)

A.

The Commission shall hold a public hearing to revoke or modify a Conditional Use Permit granted pursuant to the provisions of this chapter, or extended by the Community Development Director. At least ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such Conditional Use Permit was granted. Notice shall be deemed delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Riverside, and/or the project applicant.

B.

A Conditional Use Permit may be revoked or modified by the Commission if any one (1) of the following findings can be made:

1.

Circumstances have changed so that one or more of the findings contained in Section 17.52.050 can no longer be made;

2.

The Conditional Use Permit was obtained by misinformation, misrepresentation or fraud;

3.

The use for which Conditional Use Permit was granted has ceased or was suspended for six (6) or more consecutive calendar months.

4.

One or more of the conditions of the Conditional Use Permit have not been met;

The use is in violation of any statue, ordinance, law, or regulations.

(Zoning Ord. dated 1/31/06, § 9113.010.)

Approved Conditional Use Permits shall continue to be valid upon a change of ownership of the site, ownership of the business, ownership of the service, ownership of the use or ownership of the structure which was the subject of the permit applications, except as described above regarding terms of Revocation. A Conditional Use Permit is applicable to only the property for which the permit was issued, and cannot be transferred to another property.

(Zoning Ord. dated 1/31/06, § 9113.11.)

The developer may be required to provide performance security, bonds, indemnity or other instruments for the faithful performance of any or all conditions of approval.

(Zoning Ord. dated 1/31/06, § 9113.12.)

17.52.130 - Appeal process.

A.

Notice of the Planning Commission's decision shall be mailed to the applicant by the Director within ten (10) days following the date of the meeting at which the decision is rendered.

B.

The determination of the Planning Commission shall be final unless within fifteen (15) days following the date of the decision of the Planning Commission any aggrieved party, including any City official, shall file with the City Clerk a written and signed notice of appeal.

C.

Within forty (40) days following the filing of a written appeal, the City Council shall conduct a duly advertised public hearing on the matter, public notice for which shall be given as provided in Chapter 17.68, Hearings and Appeals.

D.

The City Council shall announce its findings and decision by formal resolution not more than forty (40) days following the hearing, and said resolution shall recite the facts and reasons which, in the opinion of the City Council, make the granting or denial of the amendment necessary to carry out the general purpose of this ordinance.

E.

The action of the City Council on the appeal shall be by a majority vote of the City Council and shall be final and conclusive.

(Zoning Ord. dated 1/31/06, § 9113.13.)

The granting of a prior Conditional Use Permit does not establish grounds for the granting of any new Conditional Use Permit, or for the modification of any existing Conditional Use Permit.

(Zoning Ord. dated 1/31/06, § 9113.14.)

Chapter 17.53 - CANNABIS CONDITIONAL USE PERMITS

For the purpose of this Chapter, the following words and phrases shall be defined as follows:

A.

"Applicant" means an owner applying for a cannabis conditional use permit pursuant to this Chapter.

B.

"Bureau" means the Bureau of Cannabis Control within the California Department of Consumer Affairs.

C.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

D.

"Cannabis business" means a cultivation facility, a cannabis manufacturing level 1 facility, testing laboratory facility, cannabis distribution facility, or cannabis microbusiness.

E.

"Cannabis distribution" means the procurement, sale and transport of cannabis goods between State licensed cannabis retailers, manufacturers, cultivators and testing laboratories.

F.

"Cannabis distribution facility" means a facility that transports cannabis goods between State licensed cannabis retailers, manufacturers, cultivators and testing laboratories.

G.

"Cannabis goods" means cannabis, including dried flower, and cannabis products.

H.

"Cannabis microbusiness" means a commercial cannabis business comprised of at least three out of the following four uses on the same premises: (1) a cannabis retailer (as defined in Section 17.54.010), (2) a manufacturing facility, (3) a cultivation facility with canopy space of less than 10,000 square feet, and (4) a cannabis distribution facility. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses.

I.

"Cannabis products" has the same meaning as in Section 11018.1 of the Health and Safety Code.

J.

"Canopy space" means the designated areas at a cultivation facility that will contain mature plants at any point in time, as follows:

1.

Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries;

2.

Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, and shelves; and

3.

If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

K.

"City" means the City of Banning.

L.

"City Manager" means the City Manager or his/her designee.

M.

"Convicted" or "conviction" means a plea or verdict of guilty or a conviction following a plea of nolo contendere was entered, but does not include any plea, verdict, or conviction that is expunged pursuant to

California law or a similar federal or state law where the expungement was granted.

N.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or engaging in any other cannabis activity that requires a State license issued by a licensing authority.

O.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

P.

"Cultivation facility" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

Q.

"Extraction" means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

R.

"Financial interest" shall have the meaning set forth in Section 5004 of Title 16 of the California Code of Regulations, as the same may be amended from time to time.

S.

"Indoors" means within a fully enclosed and secure structure.

T.

"Infusion" means a process by which cannabis, cannabinoids, or cannabis concentrates, are directly incorporated into a product formulation to produce a cannabis product.

U.

"Licensing authority" means the Bureau of Cannabis Control; CalCannabis Cultivation Licensing, a division of the California Department of Food and Agriculture (CDFA); the California Department of Public Health's Manufactured Cannabis Safety Branch; or any other State cannabis licensing authority.

V.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

W.

"Manufacturing facility" means a location that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

X.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

Y.

"Outdoors" means any area or location not specifically meeting the definition of indoors.

Z.

"Owner" means any of the following:

1.

A person with an aggregate ownership interest of 20 percent or more in the person applying for a permit or a permittee, unless the interest is solely a security, lien, or encumbrance.

2.

The chief executive officer of a nonprofit or other entity.

3.

A member of the board of directors of a nonprofit.

4.

An individual who will be participating in the direction, control, or management of the person applying for a permit. An owner who is an individual participating in the direction, control, or management of the commercial cannabis business includes any of the following:

a.

A partner of a cannabis business that is organized as a partnership.

b.

A member of a limited liability company of a cannabis business that is organized as a limited liability company.

c.

An officer or director of a cannabis business that is organized as a corporation.

AA.

"Nonvolatile solvent" means any solvent used in the extraction process that is not a volatile solvent. For purposes of this Chapter only, nonvolatile solvents include carbon dioxide and ethanol.

BB.

"Package" means any container or receptacle used for holding cannabis or cannabis products.

CC.

"Permit" means a cannabis conditional use permit issued pursuant to this Chapter.

DD.

"Permittee" means any person holding a cannabis conditional use permit under this Chapter.

EE.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

FF.

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant where the cannabis business will be conducted.

GG.

"Significant discrepancy" means a difference in actual inventory compared to records pertaining to inventory of at least one thousand dollars. For purposes of determining a discrepancy, the acquisition price of the cannabis goods shall be used to determine the value of cannabis goods in a permittee's inventory.

HH.

"Testing laboratory" means a laboratory, facility, or entity in the City that offers or performs tests of cannabis or cannabis products and that is both of the following:

1.

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.

2.

Licensed by the Bureau.

II.

"Volatile solvent" means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include,

but are not limited to, butane, hexane, and propane.

(Ord. No. 1523, § 3G, 7-10-18; Ord. No. 1542, § 3, 4-23-19; Ord. No. 1565, § 12, 7-14-20; Ord. No. 1577, § 19, 9-28-21)

A.

Except as expressly authorized pursuant to this Title (Title 17, Zoning), all commercial cannabis activity is prohibited in the City.

B.

Prior to initiating operations and as a continuing requisite to operating a cannabis business, the person(s) wishing to operate a cannabis business shall:

1.

Obtain and maintain a validly issued cannabis conditional use permit approved by the City Council after recommendation by the Planning Commission, and comply with all conditions of approval.

2.

Obtain and maintain a State license to engage in the specific cannabis business being operated on the premises.

3.

Obtain and maintain a cannabis regulatory permit as required by Chapter 5.35 of this Code.

4.

Obtain and maintain a business license or any other license or permit required by this Code.

(Ord. No. 1523, § 3G, 7-10-18)

A.

No cannabis conditional use permit application shall be processed unless the applicant pays the application fee deposit in the amount to be established by resolution of the City Council. No cannabis conditional use permit shall be issued unless the applicant pays the nonrefundable permit fee in the amounts to be established by resolution of the City Council.

B.

No cannabis conditional use permit shall be issued if the applicant has an ownership or other direct financial interest in any other commercial cannabis business operating in the City.

(Ord. No. 1523, § 3G, 7-10-18)

17.53.040 - Cannabis conditional use permit application requirements.

An applicant shall file the following information with the City at the time of application for a cannabis conditional use permit:

A.

A completed cannabis conditional use permit application, together with the application fee in an amount to be established by resolution of the City Council.

B.

Proof of a cannabis regulatory permit jointly approved by the City Manager and Chief of Police. The owner identified on the cannabis conditional use permit application shall be same owner as listed on the cannabis regulatory permit issued pursuant to Chapter 5.35.

C.

An operating plan for the proposed cannabis business that includes:

1.

A general description of the types of products and/or services to be provided by the cannabis business;

2.

A site plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, of the parcel of property on which the proposed cannabis business will be located. The site plan shall include the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel.

3.

A floor plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, areas of ingress and egress, and all security camera locations.

4.

An evaluation of accessibility by the physically disabled to and within the building and identification of any planned accessibility improvements to comply with all state and federal disability access laws, including, but not limited to, Title 24 of the California Code of Regulations and the Americans with Disabilities Act. The evaluation must be professionally prepared by a licensed civil engineer or architect.

5.

A business plan describing how the cannabis business will operate in accordance with the Banning Municipal Code, state law, and other applicable regulations. The business plan must include plans for cash handling and transportation of cannabis and cannabis products to and from the premises.

Water source information.

7.

Projected energy demand and energy efficiency plan that addresses illumination, heating, cooling, and ventilation. The applicant shall also provide a letter from the Banning Municipal Electric Company stating that the Banning Municipal Electric Company can meet the cannabis business' energy demand.

8.

A list of all owners, employees, independent contractors, and volunteers.

D.

Neighborhood Context Map. An accurate straight-line drawing depicting the boundaries of the premises, the boundaries of all other properties within 600 feet of the premises, and the uses of those properties, specifically including, but not limited to, any use identified in Business and Professions Code section 26054(b) and any park located within 600 feet of the premises. The distances specified in this subsection shall be the horizontal distance measured in a straight line without regard to intervening structures, from the property line of the lot on which the cannabis business is located to the nearest property line of those uses described in this subsection. The map must be professionally prepared by a licensed civil engineer or architect.

E.

Security plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the premises. The security plan must be prepared by a qualified professional.

F.

Lighting Plan. A lighting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.

G.

The name, phone number, and email address of an on-site community relations representative or staff member or other representative to whom the City can provide notice if there are operating problems associated with the cannabis business or refer members of the public who may have complaints or concerns regarding the cannabis business. This information shall be available to neighboring businesses and residences located within one hundred feet of the cannabis business, as measured in a straight line without regard to intervening structures.

(Ord. No. 1523, § 3G, 7-10-18; Ord. No. 1542, § 4, 4-23-19)

17.53.050 - Additional application requirements.

A.

Each cannabis business shall obtain a separate conditional use permit.

B.

The applicant shall submit proof that the applicant is, or will be, entitled to possession of the premises for which application is made.

C.

The applicant shall submit proof of the nature of the cannabis business's organizational status, such as articles of incorporation, by-laws, partnership agreements, and other documentation which may be required by the City.

(Ord. No. 1523, § 3G, 7-10-18)

17.53.060 - Procedures and findings for approval of cannabis conditional use permit.

A.

A cannabis conditional use permit shall be processed in accordance with the procedures set forth in Chapter 17.52, Conditional Use Permits, with the following exceptions:

1.

Any provision that requires the approval by the Planning Commission with appeal to the City Council shall be replaced with the requirement that the Planning Commission make a recommendation on the cannabis conditional use permit and that the approval of such permit shall be made by the City Council.

2.

Sections 17.52.020 (Application procedures) and 17.52.080 (Modifications) shall not apply.

3.

Any procedures pertaining to noticing and the setting of a public hearing before the Planning Commission shall also apply to the City Council.

B.

An applicant for a cannabis conditional use permit shall comply with the California Environmental Quality Act ("CEQA"). No cannabis conditional use permit shall be granted until the requisite CEQA review has been conducted.

(Ord. No. 1523, § 3G, 7-10-18)

17.53.070 - Approval of cannabis conditional use permit with conditions.

A.

Upon approval of a cannabis conditional use permit, the City Council may impose conditions in excess of the requirements set forth in this Chapter including, but not limited to, conditions relating to hours of

operation, the operation of any cannabis business, restrictions relating to the deployment or use of the types of equipment used on the premises, and set back requirements.

B.

The City may grant a cannabis conditional use permit prior to the applicant having obtained a state license from a licensing authority; however, no approved cannabis business may receive a certificate of occupancy nor operate in the City prior to possessing the requisite state and local licenses and permits.

C.

All cannabis businesses must pay all applicable taxes pursuant to all federal, state, and local laws.

D.

Cannabis businesses shall comply with all cannabis state laws and regulations.

(Ord. No. 1523, § 3G, 7-10-18)

A.

All cannabis businesses shall be conducted only in the interior of enclosed structures, facilities and buildings and all operations including the storage or cultivation of cannabis plants at any stage of growth shall not be visible from the exterior of any structure, facility, or building. There shall be no outdoor storage of any kind associated with the cannabis business.

B.

No cannabis business shall be located within a 600-foot radius of any park, day care center, or youth center, or public or private school providing instruction in kindergarten or any of grades 1-12, that is in existence at the time the cannabis conditional use permit is issued. The 600-foot distance requirement does not include any private school in which education is primarily conducted in a private home or a family day care home. The distances specified in this subsection shall be the horizontal distance measured in a straight line without regard to intervening structures, from the property line of the lot on which the cannabis business is located to the nearest property line of those uses described in this subsection. Outdoor storage on the premises shall be prohibited.

C.

Loading areas and loading docks shall be located on the side or rear of the lot, and shall be screened by solid, decorative walls.

D.

Hours of operation shall be as approved with the Conditional Use Permit.

E.

Cannabis businesses shall only be conducted on properties that are fully compliant with all Banning Municipal Code requirements, including required development standards such as parking, landscaping, etc.

F.

Cannabis businesses located within the same building or on the same property shall each have a validly issued cannabis conditional use permit from the City.

G.

All entrances into the premises shall be locked at all times with entry controlled by the permittee's managers and staff.

H.

The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed on the premises.

I.

All commercial cannabis activity in any premises shall be separated from the main entrance and lobby, and cannabis and cannabis products shall be secured by a lock accessible only to managers and staff of the permittee.

J.

A permittee shall not, without an approved amendment to the cannabis conditional use permit, make a physical change, alteration, or modification of the premises that alters the premises or the use of the premises from the premises diagram filed with the permit application. Material or substantial changes, alterations or modifications requiring approval include, but are not limited to, the removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway or passage alters or changes limited-access areas within the premises.

K.

A permittee shall not sublet the premises.

L.

Inspections. The City shall have the right to enter all cannabis businesses from time to time upon 24-hour's notice for the purpose of making reasonable inspections to observe and enforce compliance with this Chapter. Such inspections shall be limited to observing the licensed premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, state law, and other applicable laws and regulations. Any cannabis business licensed pursuant to this Chapter may be required to demonstrate, upon demand by the City that the source and quantity of any cannabis or cannabis products found upon the licensed premises is in full compliance with any applicable local or state law or regulation.

(Ord. No. 1523, § 3G, 7-10-18; Ord. No. 1542, § 5, 4-23-19)

A.

All agents, officers, or other persons acting for or employed by a cannabis business shall display a laminated or plastic-coated identification badge issued by the cannabis business at all times while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the cannabis business's "doing business as" name and city business license number, the employee's first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee's face and that is at least 1 inch in width and 1.5 inches in height.

B.

Employees and Volunteers Age Requirement. A cannabis business shall not employ an individual less than twenty-one (21) years of age, nor may a cannabis business permit an individual less than twenty-one (21) years of age to volunteer at or be within the cannabis business.

C.

Visitors. Cannabis businesses shall not be open to the general public. Any individual permitted to enter a limited access area who is not a person that has undergone a background check in accordance with Chapter 5.35 of this Code and is not listed on the premises' worker list shall be considered a visitor. Notwithstanding the foregoing, state and local employees, or their official designees, shall not be considered a visitor provided the individual is on the licensed premises for purposes of official government business.

1.

Visitors Identification and Record Requirements. Prior to permitting a visitor into a limited access area, a cannabis business must check the individual's valid government issued identification. The visitor shall be required to sign the cannabis business's visitor log, which must include the individual's name, date of entry, and purpose for entry.

2.

Visitors Must Be at Least Twenty-One (21) Years of Age. A cannabis business may not permit a visitor who is less than twenty-one (21) years of age to enter a limited access area.

3.

Visitors Prohibited Conduct. A visitor shall not be permitted to engage in any commercial cannabis activity while on the premises.

4.

A manager shall be on the site at all times that any other person, except a security guard, is on the site.

(Ord. No. 1523, § 3G, 7-10-18)

The premises of a cannabis business must comply with all of the following security requirements:

A.

Main Entrance and Lobby. The premises shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the cultivation areas.

B.

Transport Area. The premises shall have an area designed for the secure transfer of cannabis from the cultivation, manufacturing, or testing laboratory area to a vehicle for transportation.

C.

Commercial-Grade Locks. All points of ingress and egress to a premises shall ensure the use of commercial-grade, nonresidential door locks or window locks.

D.

A permittee that is engaged in cultivation, manufacture, or distribution or is a cannabis microbusiness shall hire or contract for 24-hour security personnel to provide security services for the premises. All security personnel hired or contracted for by the cannabis business shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.

E.

Video Surveillance. The premises must be equipped with a video surveillance system that meets all of the requirements set forth in this subsection.

1.

Each premises shall have a digital audio/video surveillance system with a minimum camera resolution of 1280 x 720 pixels.

2.

The surveillance-system storage device or the cameras shall be transmission control protocol (TCP) capable of being accessed through the internet.

3.

The video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance and shall capture audio such that all sounds are intelligible.

Each camera shall be permanently mounted and in a fixed location. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the premises, and allows for the clear and certain identification of any person and activities in all areas required to be filmed under subsection 5 below.

5.

Areas that shall be recorded on the audio/video surveillance system include the following:

a.

Areas where cannabis goods are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the premises;

b.

Limited-access areas;

c.

Security rooms;

d.

Areas storing a surveillance-system storage device with at least one camera recording the access points to the secured surveillance recording area;

e.

Entrances and exits to the premises;

f.

Waste containers.

6.

Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per second (FPS).

7.

The physical media or storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from tampering, fire, or theft.

8.

Surveillance recordings shall be kept for a minimum of 90 days.

9.

Surveillance recordings shall be monitored by a third party surveillance company.

Surveillance recordings are subject to inspection by the City, and shall be kept in a manner that allows the City to view and obtain copies of the recordings at the licensed premises upon not less than 24 hours advance notice. The permittee shall also send or otherwise provide copies of the recordings to the City upon reasonable notice by the City.

11.

Recorded images shall clearly and accurately display the time and date. Time is to be measured in accordance with the United States National Institute Standards and Technology standards.

12.

The video surveillance system shall be equipped with a failure notification system that provides notification to the permittee of any interruption or failure of the video surveillance system or video surveillance-system storage device.

13.

The video surveillance system shall be equipped with a battery backup system capable of sustaining system operations in the case of an energy failure.

F.

Alarm System. The premises shall have an audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows.

1.

The alarm system shall be installed, maintained, monitored, and responded to by a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services.

2.

Upon request, a permittee shall make available to the City all information related to the alarm system.

G.

Secure Storage of Product. Cannabis and cannabis products possessed by a cannabis business shall be kept and stored in a secured manner at all times. All areas where cannabis and/or cannabis products are kept shall be separated from the main entrance and lobby and secured by a lock accessible only to managers and staff.

H.

Lighting. The business entrance(s) and all window areas of any cannabis business shall be illuminated during evening hours. The cannabis business shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, and shielding.

(Ord. No. 1523, § 3G, 7-10-18; Ord. No. 1577, § 20, 9-28-21)

All permittees shall comply with the track and trace system established by the State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16 of the California Code of Regulations, as the same may be amended from time to time.

(Ord. No. 1523, § 3G, 7-10-18)

17.53.120 - Signage.

The premises must comply with the following signage requirements.

A.

A cannabis business shall conspicuously post signs a minimum of eight (8) inches wide by ten (10) inches high in size that can readily be seen by all persons at the entrance that state: "This site is not open to the public" and "Retail sales of any goods and services is prohibited."

B.

Business signage shall be limited to the name of the cannabis business only, shall be in compliance with the City's sign code, and shall contain no advertising of any companies, brands, products, goods, or services.

C.

A sign shall be posted in a conspicuous place near each point of public access which shall be not less than twelve (12) inches wide and twelve (12) inches long, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera."

D.

Limited access areas shall be clearly identified by the posting of a sign which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one-half inch in height, which shall state, "Limited Access Area—Authorized Personnel Only."

E.

A sign shall be posted stating "Smoking, vaporizing, ingesting, or otherwise consuming cannabis or cannabis products on these premises or in their vicinity is prohibited and a violation of the Banning Municipal Code."

F.

A cannabis microbusiness that engages in in person retail sale of cannabis and cannabis products is not required to comply with Subsection A above.

(Ord. No. 1523, § 3G, 7-10-18; Ord. No. 1577, § 21, 9-28-21)

17.53.130 - Cannabis waste management.

Cannabis waste disposal shall be conducted as follows:

A.

Chemical, Dangerous and Hazardous Waste. Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with federal, state and local laws, regulations, rules or other requirements. This may include, but is not limited to, the disposal of all pesticide or other chemicals used in the cultivation process, certain solvents or other chemicals used in the production of cannabis concentrate.

B.

Cannabis Waste. Cannabis waste must be made unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty percent non-medicinal cannabis waste. If necessary to protect the health and safety of individuals working on a licensed premises, a cannabis business may grind the stalk of a cannabis plant outside of its licensed premises provided all grinding activities occur within twenty feet of the licensed premises and cannot be seen from any public street.

C.

Cannabis waste must be placed in either a trash enclosure or a trash receptacle for which either is locked with a commercial grade lock that is only accessible by the owner, manager, or employee of the cannabis business and any waste disposal company that provide waste disposal services for the cannabis business.

(Ord. No. 1523, § 3G, 7-10-18)

A.

A cannabis business must ensure that its premises is maintained in a sanitary manner and activities on its premises are conducted in a sanitary manner.

B.

All facilities of a cannabis business must have adequate and sufficient access to bathrooms and handwashing facilities with running water at a suitable temperature.

C.

All workers that engage in the preparation of edible cannabis products must comply with the provisions of all relevant state and local laws regarding the preparation, distribution, and sale of food.

(Ord. No. 1523, § 3G, 7-10-18)

A.

A cannabis business must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and shall comply with all related Building Code requirements.

B.

The ventilation and filtration system must be approved by the Building Official and installed prior to the commencement of cannabis cultivation activities.

(Ord. No. 1523, § 3G, 7-10-18)

17.53.160 - Cannabis indoor cultivation.

A.

Cannabis Commercial Indoor Cultivation shall occur only indoors and shall contain not less than 10,000 square feet of canopy space nor exceed 22,000 square feet of canopy space per cannabis conditional use permit holder.

B.

Seed to Sale Tracking Required. Until such a time that the state of California fully implements the California Cannabis Track and Trace System required by Section 26067 of the Business and Professions Code, a cannabis business must utilize seed to sale software, third-party software that tracks all sales, transfers, purchases, receipts, deliveries of cannabis and cannabis products. The software must be capable of producing electronic shipping manifests, tracking all cannabis inventory in possession of the cannabis business, promptly identifying a discrepancy in the stock, and tracking cannabis from the end purchaser back to its source in the event of a serious adverse event. Once implemented, all permittees shall comply with the California Cannabis Track and Trace System established by the State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16 of the California Code of Regulations, as the same may be amended from time to time.

C.

Cultivators must comply with the Federal Worker Protection Standard (40 CFR 170).

D.

The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

E.

The cultivation of cannabis shall be conducted in a secure manner and shall not be visible from a public right of way. As used in this subsection, the term "visible" means capable of being seen without visual aid by an individual of normal acuity.

(Ord. No. 1523, § 3G, 7-10-18)

A.

Edible Cannabis Products. Edible cannabis products shall be manufactured, packaged and labeled in compliance with MAUCRSA and any implementing regulations adopted by the State.

B.

Edible cannabis products must be individually packaged and ready for sale by the manufacturer prior to sale or transfer to another cannabis business.

C.

Any person that is involved in the manufacture of edible cannabis products must be a state certified food handler. The valid certificate number of such person must be on record at the manufacturing facility where that individual produces edible cannabis products.

D.

Any facility used by a cannabis business to manufacture edible cannabis products shall be constructed, operated and inspected in compliance with all applicable building code and food safety requirements.

E.

A cannabis business that manufactures edible cannabis products must comply with the provisions of all relevant state and local laws regarding the preparation, distribution, and sale of food; which shall include, but not be limited to, hand-washing requirements, use of gloves for packaging, and policies prohibiting individuals suffering from symptoms associated with communicable diseases or infections from engaging the production of edible cannabis products.

F.

Expiration Date. A cannabis business engaged in the manufacture of cannabis products, including an edible cannabis product, that is perishable shall assign an expiration date or use-by date, whichever is appropriate, to all perishable cannabis products. Once an expiration date or use-by date is assigned to cannabis products, it shall be unlawful for a person to alter that date or affix a new label with a later use-by or expiration date.

G.

Extraction Requirements.

1.

A manufacturer engaged in extraction may only engage in extraction using non-volatile solvents. The permittee shall not make any modifications to the method of extraction without first obtaining a modification of its permit.

2.

Within the limitations set forth by state law, a cannabis business that extracts cannabis or produces cannabis concentrate using a solvent must use a professional grade, closed-loop extraction system capable of recovering the solvent used and must only use a solvent that is permissible under the MAUCRSA and any implementing regulations, and the manufacturer's state license.

H.

Compliance with State Law. All packaging and labeling of cannabis and cannabis products by a cannabis business must, at a minimum meet the requirements set forth in the MAUCRSA and any implementing regulations, as the same may be amended from time to time or superseded or replaced by subsequent state legislation or by any state department or division.

I.

Tamper-Evident, Child-Resistant Packaging Required. Cannabis and cannabis products shall be labeled and placed in a resealable, tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products.

J.

Cannot Be Attractive to Children. Cannabis packaging and labeling shall not be designed to appeal to children, including, but not limited to, cartoon characters or similar images.

K.

State-Mandated Warnings and Information. All cannabis and cannabis product labels and inserts shall include the state-mandated warnings and information contained in Business and Professions Code Section 26120(c). Notwithstanding the foregoing, during the period of time that the state permits untested cannabis and cannabis products to be sold to purchasers, all cannabis and cannabis products must have a label affixed to each package that clearly states "This product has not been tested as required by the Medicinal and Adult Use Cannabis Regulation and Safety Act" and must comply with any other labeling requirements imposed by the state.

(Ord. No. 1523, § 3G, 7-10-18)

17.53.180 - Cannabis testing laboratory.

A.

Accreditation. A testing laboratory shall obtain and maintain ISO/IEC 17025 accreditation.

B.

Operating Procedures. A testing laboratory shall adopt and adhere to standard operating procedures to ensure the reporting of accurate test results, including but not limited to equipment, calibration, and methodology standards, that are consistent with its ISO/IEC 17025 accreditation.

C.

A testing laboratory shall obtain samples of cannabis and cannabis products for testing in accordance with a statistically valid method designed to ensure that a sample is representative of the whole. Sampling methods should have at least a 95% confidence rate.

D.

A testing laboratory shall destroy and safely dispose of the remains of any samples of cannabis or cannabis products tested upon completion of the analysis and the expiration of any retention time pursuant its standard operating procedures.

E.

A testing laboratory shall maintain all testing results as a part of their respective business records.

(Ord. No. 1523, § 3G, 7-10-18)

The transportation of cannabis or cannabis products shall only be conducted by persons holding a State license for cannabis distribution or employee of those persons.

Transportation safety standards, in addition to those imposed by the State of California, shall be approved by the Chief of Police including without limitations, the type of vehicles in which cannabis or cannabis product may be distributed, and minimum qualification for persons eligible to operate such vehicles.

A person holding a permit to operate a distribution facility shall observe and comply with all security manifest and notice requirements of Business and Professions Code Section 26070, as well as all State law requirements and Bureau regulations to operate a distribution facility.

(Ord. No. 1565, § 14, 7-14-20)

A cannabis microbusiness shall comply with the following operational regulations as applicable:

A.

Any cannabis cultivation shall occur only indoors and shall contain less than ten thousand square feet of canopy space.

B.

The cannabis microbusiness shall comply with the California Cannabis Track and Trace System established by the State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16 of the California Code of Regulations, as the same may be amended from time to time.

C.

A cannabis microbusiness that engages in cultivation must comply with the Federal Worker Protection Standard (40 CFR 170).

D.

Any cannabis cultivation must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

E.

Any cannabis cultivation shall be conducted in a secure manner and shall not be visible from a public rightof-way. As used in this subsection, the term "visible" means capable of being seen without visual aid by an individual of normal acuity.

F.

A cannabis microbusiness that engages in the manufacture of cannabis products shall comply with Section 17.53.170.

G.

A cannabis microbusiness that engages in the distribution of cannabis or cannabis products shall comply with Section 17.53.190.

H.

A cannabis microbusiness that engages in the retail sale of cannabis must comply with Sections 17.54.090 and 17.54.170. In the event there is a conflict pertaining to any of the operational or development standards set forth in this Chapter and in the above-referenced Sections in this paragraph, the Community Development Director shall determine which standards apply. For example, if a cannabis microbusiness operates as both a retailer and cannabis cultivation facility and the standards pertaining to a retailer and cannabis cultivation facility conflict, the Community Development Director shall determine which standards apply.

I.

A conditional use permit shall only be issued to a cannabis microbusiness if it includes conditions that require (1) an application for a building permit for any construction or tenant improvements for the proposed use to be submitted within forty-five days of approval of the cannabis conditional use permit, (2) that any physical construction in reliance on the building permit be commenced within sixty days after the issuance of the building permit, and (3) that the cannabis microbusiness commence its operations within one hundred eighty days of the issuance of a building permit. If the applicant fails to satisfy the requirements for the forty-five-day, sixty-day, or one hundred eighty-day period, the cannabis conditional use permit shall automatically become null and void, unless the applicant files an application for an extension prior to the expiration of the applicable deadline and thereafter obtains that extension from the Community Development Director on the basis that the extension is warranted by special circumstances and that the applicant would be irreparably injured by the denial of an extension. In addition, if after commencement of construction, work is discontinued for a period of one hundred eighty days, the cannabis conditional use permit shall become null and void.

(Ord. No. 1577, § 23, 9-28-21)

17.53.210 - Other provisions.

A.

Cannabis Consumption on Premises. Smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at a premises is prohibited. Premises as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas.

B.

No person shall give, sell, distribute, or otherwise transfer any cannabis product in any manner not consistent with the approved cannabis conditional use permit or that violates local or state law.

C.

Permittees must cooperate with City staff and Police Department personnel who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to this Chapter.

D.

Permittees must comply with all state laws and regulations that pertain to cannabis businesses including, but not limited to, the MAUCRSA, and any regulations promulgated by a licensing authority.

(Ord. No. 1523, § 3G, 7-10-18; Ord. No. 1565, § 13, 7-14-20; Ord. No. 1577, § 2, 9-28-21)

Editor's note— Ord. No. 1577, § 22, adopted July 14, 2020, renumbered § 17.53.200 to be 17.53.210 to provide for the addition of a new § 17.53.200

A.

Indemnification. To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any permit pursuant to this Chapter or the operation of any cannabis business approved by such permit pursuant to this Chapter. As a condition of approval of a permit granted under this Chapter, the applicant shall:

1.

Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business as provided in this chapter.

2.

Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to guidelines and policies set forth by the City.

3.

Name the City as an additionally insured on all City required insurance policies.

Defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a permit or the operation of the cannabis business.

5.

Reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or federal enforcement action) related to the City's approval of a permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.

(Ord. No. 1523, § 3G, 7-10-18; Ord. No. 1565, § 13, 7-14-20; Ord. No. 1577, § 22, 9-28-21)

Editor's note— Ord. No. 1577, § 22, adopted July 14, 2020, renumbered § 17.53.210 to be 17.53.220 to provide for the addition of a new § 17.53.200.

Chapter 17.54 - CANNABIS RETAILER CONDITIONAL USE PERMITS

For the purpose of this Chapter, the following words and phrases shall be defined as follows:

A.

"Applicant" means an owner applying for a cannabis retailer conditional use permit pursuant to this Chapter.

B.

"Bureau" means the Bureau of Cannabis Control within the California Department of Consumer Affairs.

C.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

D.

"Cannabis business" means a cannabis retailer.

E.

"Cannabis microbusiness" means a commercial cannabis business comprised of at least three out of the following four uses on the same premises: (1) cannabis retailer, (2) a manufacturing facility, (3) a cultivation facility with canopy space of less than ten thousand square feet, and (4) a cannabis distribution facility. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses. Any term use in this definition that is not defined herein shall have the same definition as set forth in Section 17.53.010.

F.

"Cannabis products" has the same meaning as in Section 11018.1 of the Health and Safety Code.

G.

"Cannabis retailer" means a cannabis business that engages in the retail sale and delivery of cannabis or cannabis products to customers.

H.

"City" means the City of Banning.

I.

"City Manager" means the City Manager or his/her designee.

J.

"Convicted" or "Conviction" means a plea or verdict of guilty or a conviction following a plea of nolo contendere was entered, but does not include any plea, verdict, or conviction that is expunged pursuant to California law or a similar federal or state law where the expungement was granted.

K.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or engaging in any other cannabis activity that requires a State license issued by a licensing authority.

L.

"Financial interest" shall have the meaning set forth in Section 5004 of Title 16 of the California Code of Regulations, as the same may be amended from time to time.

M.

"Licensing authority" means the Bureau of Cannabis Control; CalCannabis Cultivation Licensing, a division of the California Department of Food and Agriculture (CDFA); the California Department of Public Health's Manufactured Cannabis Safety Branch; or any other State cannabis licensing authority.

N.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

O.

"Owner" means any of the following:

1.

A person with any ownership interest, unless the interest is solely a security, lien, or encumbrance.

2.

The chief executive officer of a nonprofit or other entity.

3.

A member of the board of directors of a nonprofit.

4.

An individual who will be participating in the direction, control, or management of the person applying for a permit. An owner who is an individual participating in the direction, control, or management of the commercial cannabis business includes any of the following:

a.

A partner of a cannabis business that is organized as a partnership.

b.

A member of a limited liability company of a cannabis business that is organized as a limited liability company.

c.

An officer or director of a cannabis business that is organized as a corporation.

P.

"Permit" means a cannabis retailer conditional use permit issued pursuant to this Chapter.

Q.

"Permittee" means any person holding a cannabis conditional use permit under this Chapter.

R.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

S.

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant where the cannabis business will be conducted.

T.

"Significant discrepancy" means a difference in actual inventory compared to records pertaining to inventory of at least one thousand dollars. For purposes of determining a discrepancy, the acquisition price of the cannabis goods shall be used to determine the value of cannabis goods in a permittee's inventory.

(Ord. No. 1531, § 3G, 11-13-18; Ord. No. 1577, § 24, 9-28-21)

17.54.020 - Cannabis retailer conditional use permit required.

A.

Except as expressly authorized pursuant to this Title (Title 17, Zoning), all commercial cannabis activity is prohibited in the City. Notwithstanding the foregoing, the City shall not prohibit any commercial cannabis activity for which the City is preempted by State law from prohibiting. Consistent with Section 5416 of Title 16 of the California Code of Regulations, or any successor section, cannabis retail deliveries are permitted from lawful and permitted retailers in the City and from retailers located outside the City that are lawfully operating and permitted by the county or city in which they are located.

B.

Prior to initiating operations and as a continuing requisite to operating a cannabis business, the person(s) wishing to operate a cannabis business shall:

1.

Obtain and maintain a validly issued cannabis conditional use permit approved by the City Council after recommendation by the Planning Commission, and comply with all conditions of approval.

2.

Obtain and maintain a State license to engage in the specific cannabis business being operated on the premises.

3.

Obtain and maintain a cannabis retailer regulatory permit as required by Chapter 5.33 of this Code.

4.

Obtain and maintain a business license or any other license or permit required by this Code.

C.

A cannabis microbusiness with a retail component is not subject to the requirements of this Chapter 17.54 and is instead regulated pursuant to Chapter 17.53.

(Ord. No. 1531, § 3G, 11-13-18; Ord. No. 1565, § 15, 7-14-20; Ord. No. 1577, § 25, 9-28-21)

17.54.030 - Cannabis retailer conditional use permit—Application fees and terms.

A.

No cannabis retailer conditional use permit application shall be processed unless the applicant pays the application fee deposit in the amount to be established by resolution of the City Council. No cannabis retailer conditional use permit shall be issued unless the applicant pays the nonrefundable permit fee in the amounts to be established by resolution of the City Council.

B.

Each cannabis retailer premises shall require a separate cannabis retailer conditional use permit. Two cannabis retailer premises in the City may not operate under one cannabis retailer conditional use permit. No holder of a cannabis retailer conditional use permit for one premises shall have an ownership interest in any other cannabis retailer lawfully or unlawfully operating in the City. Accordingly, no cannabis retailer conditional use permit shall be issued for an applicant, business entity, or person that has an ownership

interest in any other cannabis retailer in the City and no cannabis retailer conditional use permit shall be issued if the applicant, owner or person with a direct financial interest in the cannabis business also has an ownership or other direct financial interest in any other commercial cannabis retailer that is operating in the City or that has obtained a conditional use permit.

(Ord. No. 1531, § 3G, 11-13-18; Ord. No. 1539, § 3, 1-8-19)

17.54.040 - Cannabis retailer conditional use permit application requirements.

An applicant shall file the following information with the City at the time of application for a cannabis retailer conditional use permit:

A.

A completed cannabis retailer conditional use permit application, together with the application fee in an amount to be established by resolution of the City Council.

B.

Proof of a cannabis regulatory permit jointly approved by the City Manager and Chief of Police. The owner(s) identified on the cannabis retailer conditional use permit application shall be same owner(s) as listed on the cannabis retailer regulatory permit issued pursuant to Chapter 5.33.

C.

An operating plan for the proposed cannabis business that includes:

1.

A general description of the types of products and/or services to be sold or provided by the cannabis business.

2.

A site plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, of the parcel of property on which the proposed cannabis business will be located. The site plan shall include the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel.

3.

A floor plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, areas of ingress and egress, and all security camera locations.

4.

An evaluation of accessibility by the physically disabled to and within the building and identification of any planned accessibility improvements to comply with all state and federal disability access laws, including, but not limited to, Title 24 of the California Code of Regulations and the Americans with Disabilities Act. The evaluation must be professionally prepared by a licensed civil engineer or architect.

5.

A business plan describing how the cannabis business will operate in accordance with the Banning Municipal Code, state law, and other applicable regulations. The business plan must include plans for cash handling and transportation of cannabis and cannabis products to and from the premises.

6.

A list of all owners, employees, independent contractors, and volunteers.

D.

Neighborhood Context Map. An accurate straight-line drawing depicting the boundaries of the premises, the boundaries of all other properties within 600 feet of the premises, and the uses of those properties, specifically including, but not limited to, any use identified in Business and Professions Code section 26054(b), and any park. The map must also identify any residentially zoned parcel that is located within 200 feet of the premises. The map must be professionally prepared by a licensed civil engineer or architect.

E.

Security Plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the premises. The security plan must be prepared by a qualified professional.

F.

Lighting Plan. A lighting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.

G.

The name, phone number, and email address of an on-site community relations representative or staff member or other representative to whom the City can provide notice if there are operating problems associated with the cannabis business or refer members of the public who may have complaints or concerns regarding the cannabis business. This information shall be available to neighboring businesses and residences located within one hundred feet of the cannabis business, as measured in a straight line without regard to intervening structures.

(Ord. No. 1531, § 3G, 11-13-18)

17.54.050 - Additional application requirements.

A.

Each cannabis business shall obtain a separate conditional use permit.

B.

The applicant shall submit proof that the applicant is, or will be, entitled to possession of the premises for which application is made.

C.

The applicant shall submit proof of the nature of the cannabis business's organizational status, such as articles of incorporation, by-laws, partnership agreements, and other documentation which may be required by the City.

(Ord. No. 1531, § 3G, 11-13-18)

17.54.060 - Procedures and findings for approval of cannabis retailer conditional use permit.

A.

A cannabis retailer conditional use permit shall be processed in accordance with the procedures set forth in Chapter 17.52, Conditional Use Permits, with the following exceptions:

1.

Any provision that requires the approval by the Planning Commission with appeal to the City Council shall be replaced with the requirement that the Planning Commission make a recommendation on the cannabis retailer conditional use permit and that the approval of such permit shall be made by the City Council.

2.

Sections 17.52.020 (Application Procedures), 17.52.070 (Expiration), and 17.52.080 (Modifications) shall not apply.

3.

Any procedures pertaining to noticing and the setting of a public hearing before the Planning Commission shall also apply to the City Council.

B.

An applicant for a cannabis retailer conditional use permit shall comply with the California Environmental Quality Act ("CEQA"). No cannabis retailer conditional use permit shall be granted until the requisite CEQA review has been conducted.

(Ord. No. 1531, § 3G, 11-13-18; Ord. No. 1565, § 16, 7-14-20)

17.54.070 - Approval of cannabis retailer conditional use permit with conditions.

A.

Upon approval of a cannabis conditional use permit, the City Council may impose conditions in excess of the requirements set forth in this Chapter including, but not limited to, conditions relating to hours of operation, the operation of any cannabis business, restrictions relating to the deployment or use of the types of equipment used on the premises, and set back requirements.

B.

The City may grant a cannabis conditional use permit prior to the applicant having obtained a state license from a licensing authority; however, no approved cannabis business may receive a certificate of occupancy nor operate in the City prior to possessing the requisite state and local licenses and permits.

C.

All cannabis businesses must pay all applicable taxes pursuant to all federal, state, and local laws.

D.

Cannabis businesses shall comply with all cannabis state laws and regulations.

(Ord. No. 1531, § 3G, 11-13-18)

17.54.080 - Separation requirements and other limitations.

A.

Only one cannabis retailer for every 10,000 residents may lawfully operate in the City, with any fraction of that ratio being rounded down to the nearest whole number.

B.

No cannabis business shall be located within a 200-foot radius of any residential zoning district. No cannabis business shall be located within a 600-foot radius of any day care center, youth center, public or private school providing instruction in kindergarten or any of grades 1—12, or park. The 600-foot distance requirement does not include any private school in which education is primarily conducted in a private home or a family day care home. The distances specified in this subsection shall be the horizontal distance measured in a straight line without regard to intervening structures, from the property line of the lot on which the cannabis business is located to the nearest property line of those uses described in this subsection.

(Ord. No. 1531, § 3G, 11-13-18; Ord. No. 1539, § 4, 1-8-19)

A.

The building where the commercial cannabis activity occurs must be a minimum of 800 square feet in size.

B.

All cannabis businesses shall be conducted only in the interior of enclosed structures, facilities and buildings and all operations including the storage or cultivation of cannabis plants at any stage of growth shall not be visible from the exterior of any structure, facility, or building. There shall be no outdoor storage of any kind associated with the cannabis business.

C.

Loading areas and loading docks shall be located on the side or rear of the lot, and shall be screened by solid, decorative walls.

D.

Hours of operation shall be as approved with the Conditional Use Permit.

E.

Cannabis businesses shall only be conducted on properties that are fully compliant with all Banning Municipal Code requirements, including required development standards such as parking, landscaping, etc.

F.

All entrances into the premises shall be locked at all times with entry controlled by the permittee's managers and staff.

G.

The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed on the premises.

H.

All commercial cannabis activity in any premises shall be separated from the main entrance and lobby, and cannabis and cannabis products shall be secured by a lock accessible only to managers and staff of the permittee.

I.

A permittee shall not, without an approved amendment to the cannabis retailer conditional use permit, make a physical change, alteration, or modification of the premises that alters the premises or the use of

the premises from the premises diagram filed with the permit application. Material or substantial changes, alterations or modifications requiring approval include, but are not limited to, the removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway or passage alters or changes limited-access areas within the premises.

J.

A permittee shall not sublet the premises.

K.

Inspections. The City shall have the right to enter all cannabis businesses from time to time upon 24-hour's notice for the purpose of making reasonable inspections to observe and enforce compliance with this Chapter. Such inspections shall be limited to observing the licensed premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, state law, and other applicable laws and regulations. Any cannabis business licensed pursuant to this Chapter may be required to demonstrate, upon demand by the City that the source and quantity of any cannabis or cannabis products found upon the licensed premises is in full compliance with any applicable local or state law or regulation.

(Ord. No. 1531, § 3G, 11-13-18)

A.

All agents, officers, or other persons acting for or employed by a cannabis business shall display a laminated or plastic-coated identification badge issued by the cannabis business at all times while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the cannabis business's "Doing business as" name and city business license number, the employee's first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee's face and that is at least 1 inch in width and 1.5 inches in height.

B.

Employees and Volunteers Age Requirement. A cannabis business shall not employ an individual less than twenty-one (21) years of age, nor may a cannabis business permit an individual less than twenty-one (21) years of age to volunteer at the cannabis business.

C.

Visitors. Limited access areas of a cannabis business shall not be open to the general public. Any individual permitted to enter a limited access area who is not a person that has undergone a background check in accordance with Chapter 5.33 of this Code and is not listed on the premises' worker list shall be considered a visitor. Notwithstanding the foregoing, state and local employees, or their official designees, shall not be considered a visitor provided the individual is on the licensed premises for purposes of official government business.

1.

Visitors Identification and Record Requirements. Prior to permitting a visitor into a limited access area, a cannabis business must check the individual's valid government issued identification. The visitor shall be required to sign the cannabis business's visitor log, which must include the individual's name, date of entry, and purpose for entry.

2.

Visitors Must Be at Least Twenty-One (21) Years of Age. A cannabis business may not permit a visitor who is less than twenty-one (21) years of age to enter a limited access area.

3.

Visitors Prohibited Conduct. A visitor shall not be permitted to engage in any commercial cannabis activity while on the premises.

4.

A manager shall be on the site at all times that any other person, except a security guard, is on the site.

(Ord. No. 1531, § 3G, 11-13-18)

The premises of a cannabis business must comply with all of the following security requirements:

A.

Main Entrance and Lobby. The premises shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. The premises shall have an area designed for the secure receipt of cannabis and cannabis goods from a licensed distributor.

B.

Commercial-Grade Locks. All points of ingress and egress to a premises shall ensure the use of commercial-grade, nonresidential door locks or window locks.

C.

A permittee shall hire or contract for 24-hour security personnel to provide security services for the premises. All security personnel hired or contracted for by the cannabis business shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.

D.

Video Surveillance. The premises must be equipped with a video surveillance system that meets all of the requirements set forth in this subsection.

Each premises shall have a digital audio/video surveillance system with a minimum camera resolution of 1280 x 720 pixels.

2.

The surveillance-system storage device or the cameras shall be transmission control protocol (TCP) capable of being accessed through the internet.

3.

The video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance and shall capture audio such that all sounds are intelligible.

4.

Each camera shall be permanently mounted and in a fixed location. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the premises, and allows for the clear and certain identification of any person and activities in all areas required to be filmed under subsection 5 below.

5.

Areas that shall be recorded on the audio/video surveillance system include the following:

a.

Areas where cannabis goods are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the premises;

b.

Limited-access areas;

c.

Security rooms;

d.

Areas storing a surveillance-system storage device with at least one camera recording the access points to the secured surveillance recording area;

e.

Entrances and exits to the premises;

f.

Waste containers.

Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per second (FPS).

7.

The physical media or storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from tampering, fire, or theft.

8.

Surveillance recordings shall be kept for a minimum of 90 days.

9.

Surveillance recordings shall be monitored by a third party surveillance company.

10.

Surveillance recordings are subject to inspection by the City, and shall be kept in a manner that allows the City to view and obtain copies of the recordings at the licensed premises upon not less than 24 hours advance notice. The permittee shall also send or otherwise provide copies of the recordings to the City upon reasonable notice by the City.

11.

Recorded images shall clearly and accurately display the time and date. Time is to be measured in accordance with the United States National Institute Standards and Technology standards.

12.

The video surveillance system shall be equipped with a failure notification system that provides notification to the permittee of any interruption or failure of the video surveillance system or video surveillance-system storage device.

13.

The video surveillance system shall be equipped with a battery backup system capable of sustaining system operations in the case of an energy failure.

E.

Alarm System. The premises shall have an audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows.

1.

The alarm system shall be installed, maintained, monitored, and responded to by a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services.

2.

Upon request, a permittee shall make available to the City all information related to the alarm system.

F.

Secure Storage of Product. Cannabis and cannabis products possessed by a cannabis business shall be kept and stored in a secured manner at all times.

G.

Lighting. The business entrance(s) and all window areas of any cannabis business shall be illuminated during evening hours. The cannabis business shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, and shielding.

(Ord. No. 1531, § 3G, 11-13-18)

All permittees shall comply with the track and trace system established by the State of California and as further described in Sections 5048 through 5052, inclusive, of Title 16 of the California Code of Regulations, as the same may be amended from time to time.

(Ord. No. 1531, § 3G, 11-13-18)

17.54.130 - Signage.

The premises must comply with the following signage requirements:

A.

Business signage shall be limited to the name of the cannabis business only, shall be in compliance with the City's sign code, and shall contain no advertising of any companies, brands, products, goods, or services.

B.

A sign shall be posted in a conspicuous place near each point of public access which shall be not less than twelve (12) inches wide and twelve (12) inches long, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera."

C.

Limited access areas shall be clearly identified by the posting of a sign which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one-half inch in height, which shall state, "Limited Access Area—Authorized Personnel Only."

D.

A sign shall be posted stating "Smoking, vaporizing, ingesting, or otherwise consuming cannabis or cannabis products on these premises, in their vicinity, or in any public place is prohibited and a violation of the Banning Municipal Code."

(Ord. No. 1531, § 3G, 11-13-18)

17.54.140 - Cannabis waste management.

Cannabis waste disposal shall be conducted as follows:

A.

Cannabis Waste. Cannabis waste must be made unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty percent non-medicinal cannabis waste.

B.

Cannabis waste must be placed in either a trash enclosure or a trash receptacle for which either is locked with a commercial grade lock that is only accessible by the owner, manager, or employee of the cannabis business and any waste disposal company that provide waste disposal services for the cannabis business.

C.

The permittee shall comply with Chapter 13.20, Industrial Wastewater Collection and Treatment of the Banning Municipal Code.

(Ord. No. 1531, § 3G, 11-13-18)

17.54.150 - General sanitary requirements.

A.

A cannabis business must ensure that its premises is maintained in a sanitary manner and activities on its premises are conducted in a sanitary manner.

B.

All facilities of a cannabis business must have adequate and sufficient access to bathrooms and handwashing facilities with running water at a suitable temperature.

(Ord. No. 1531, § 3G, 11-13-18)

A.

A cannabis business must have a ventilation and filtration system installed that shall prevent cannabis odors from exiting the interior of the structure and shall comply with all related Building Code requirements.

The ventilation and filtration system must be approved by the Building Official and installed prior to the commencement of business activities on the premises.

(Ord. No. 1531, § 3G, 11-13-18; Ord. No. 1565, § 18, 7-14-20)

17.54.170 - Operating regulations.

A.

Limited Hours of Operation. A cannabis retailer may only be open to the public and engage in sales between the hours of 8:00 (eight) a.m. and 10:00 (ten) p.m.

B.

Product Not Visible To Public. The display of cannabis and cannabis products for sale shall not be visible from outside the licensed premises.

C.

Age Restricted Entry. A cannabis retailer may not permit an individual less than twenty-one years of age into the licensed premises, except a cannabis retailer with an M-license (allowing for the sale of medicinal cannabis and cannabis products) from the state may permit an individual aged eighteen years or older into the licensed premises if the cannabis retailer verifies the individual is a qualified patient with a physician's recommendation or a primary caregiver, as those terms are defined under State law.

D.

Cannabis Paraphernalia Sales. Cannabis retailers may sell or otherwise provide equipment, supplies, and paraphernalia used to consume cannabis and cannabis products.

E.

Electronic Point-of-Sale System Required. Cannabis retailers must have an electronic point of sale system that is either part of their seed to sale software or integrates with their seed to sale software. The electronic point of sale system must be capable of producing an electronic or automatic paper record for all transactions associated with any product sold, rented, or otherwise provided to the customer.

F.

No Sales of Expired Product. Cannabis retailers may not sell any expired products, cannabis or cannabis products. Cannabis retailers shall not alter, edit, or adjust in any manner an expiration date on any item or product once affixed by its manufacturer.

G.

Handling of Edible Cannabis Products. Cannabis retailers that possesses edible cannabis products shall comply with the provisions of all relevant state and local laws regarding the storage, handling, and sale of food.

H.

Sale of Untested Products. All cannabis and cannabis products sold by a cannabis retailer must be tested by a State licensed testing laboratory prior to sale to a purchaser in accordance with the MAUCRSA.

I.

Consumption of Cannabis and Cannabis Products on Premises. Cannabis and cannabis products shall not be smoked, vaporized, ingested or otherwise consumed on the licensed premises of a cannabis retailer.

Premises as used in this subsection includes the actual building, as well as any accessory structures, common areas and parking areas.

J.

Tamper-Evident, Child-Resistant Packaging Required. A cannabis retailer shall not deliver or sell cannabis products that are not packaged or labeled in a resealable, tamper-evident, child-resistant package. The cannabis and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products.

K.

Cannot Be Attractive to Children. Cannabis packaging and labeling shall not be designed to appeal to children, including, but not limited to, cartoon characters or similar images.

L.

State-Mandated Warnings and Information. All cannabis and cannabis product labels and inserts shall include the state-mandated warnings and information contained in Business and Professions Code Section 26120(c).

(Ord. No. 1531, § 3G, 11-13-18; Ord. No. 1565, § 19, 20, 7-14-20)

A.

No person shall give, sell, distribute, or otherwise transfer any cannabis product in any manner not consistent with the approved cannabis conditional use permit or that violates local or state law.

B.

Permittees must cooperate with City staff and Police Department personnel who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to this Chapter.

C.

Permittees must comply with all state laws and regulations that pertain to cannabis businesses including, but not limited to, the MAUCRSA, and any regulations promulgated by a licensing authority.

D.

Minimum square footage of the building shall be 800 square feet unless otherwise provided by the State.

(Ord. No. 1531, § 3G, 11-13-18)

A.

Indemnification. To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any permit pursuant to this Chapter or the operation of any cannabis business approved by such permit pursuant to this Chapter. As a condition of approval of a permit granted under this Chapter, the applicant shall:

1.

Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business as provided in this chapter.

2.

Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to guidelines and policies set forth by the City.

3.

Name the City as an additionally insured on all City required insurance policies.

4.

Defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a permit or the operation of the cannabis business.

5.

Reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or federal enforcement action) related to the City's approval of a permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.

(Ord. No. 1531, § 3G, 11-13-18)

Notwithstanding any other provision of this Code, a retailer conditional use permit shall only be issued if it includes conditions that require (1) an application for a building permit for any construction or tenant improvements for the proposed use to be submitted within forty-five days of approval of the retailer conditional use permit, (2) that any physical construction in reliance on the building permit be commenced within sixty days after the issuance of the building permit, and (3) that the retailer commence its operations within one hundred eighty days of the issuance of a building permit. If the applicant fails to satisfy the requirements for the forty-five-day, sixty-day, or one hundred eighty-day period, the retailer conditional use permit shall automatically become null and void, unless the applicant files an application for an extension prior to the expiration of the applicable deadline and thereafter obtains that extension from the Community Development Director on the basis that the extension is warranted by special circumstances and that the applicant would be irreparably injured by the denial of an extension. In addition, if after commencement of construction, work is discontinued for a period of one hundred eighty days, the Conditional Use Permit shall become null and void.

(Ord. No. 1565, § 17, 7-14-20; Ord. No. 1577, § 26, 9-28-21)

Chapter 17.56 - DESIGN REVIEW

These provisions are provided to:

A.

Establish design review procedures for development proposals;

B.

Assure that proposed project conform to development standards and design guidelines;

C.

Focus on community design principles which result in creative, imaginative solutions which establish quality design for the City;

D.

Promote the orderly and harmonious appearance of structures, landscaping, parking areas, etc; and

E.

Maintain the public health, safety and general welfare and property throughout the City.

(Zoning Ord. dated 1/31/06, § 9114.01.)

An application for Design Review shall be filed in a manner consistent with the requirements contained in Chapter 17.48, Applications and Fees, for new development projects, redevelopment project, or projects involving an intensification of land use (e.g., conversion of a residential structure to an office use, etc.).

(Zoning Ord. dated 1/31/06, § 9114.02.)

The Director shall evaluate all projects subject to design review prior to final action by any subsequent review authority, if any. The Director, as part of the overall project review process, shall forward the appropriate materials and submit a report to the review authority, if required.

(Zoning Ord. dated 1/31/06, § 9114.03.)

Upon receipt in proper form of a Design Review application, the Community Development Director may place the application as a public meeting or a public hearing on the next available planning commission

meeting agenda. The hearing shall be set and notice of the hearing given in a manner consistent with Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9114.04; Ord. No. 1363, § 3.)

Prior to making a determination, the review authority shall determine that the project adequately meets adopted City performance standards and design guidelines, based upon the following findings:

A.

The proposed project is consistent with the General Plan.

B.

The proposed project is consistent with the Zoning Ordinance, including the development standards and guidelines for the district in which it is located.

C.

The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not result in vehicular and/or pedestrian hazards.

D.

The design of the proposed project is compatible with the character of the surrounding neighborhood.

(Zoning Ord. dated 1/31/06, § 9114.05.)

A Design Review shall be exercised by the commencement of construction within 2 years from the date of approval or the Design Review shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, the Design Review shall become null and void. Projects may be built in phases if pre-approved by the review authority.

(Zoning Ord. dated 1/31/06, § 9114.06.)

Minor modifications to an approved Design Review may be approved be the Director, pursuant to Chapter 17.84, Minor Modifications. Any other modifications will require review by the Planning Commission.

(Zoning Ord. dated 1/31/06, § 9114.07.)

The Community Development Director may, upon an application being filed 30 days prior to expiration and for good cause, grant one time extension not to exceed 12 months. Upon granting of an extension, the

Community Development Director shall ensure that the Design Review complies with all current Ordinance provisions.

(Zoning Ord. dated 1/31/06, § 9114.08.)

Appeal of the reviewing authority's decision may be made pursuant to the provisions of Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9114.09.)

Chapter 17.58 - HISTORIC PRESERVATION

The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of historic resources, such as buildings, structures, sites, and places that reflect special elements of the city's architectural, artistic, cultural, historical, and social heritage. This chapter intends to safeguard the city's historic resources; enhance the city's value as an attractive, historic community; and integrate the preservation of historic resources and information about such resources into the land management and development process.

(Ord. No. 1593, § 3, 10-24-23)

17.58.20 - Area of application.

This chapter shall apply to all historic resources, publicly and privately owned within the corporate limits of the city.

(Ord. No. 1593, § 3, 10-24-23)

As applicable to this chapter, the following words and phrases shall be defined as follows:

Historic resource is a property, structure, site, improvement or natural feature, including any associated landscaping, that has been designated by the historic preservation commission and included on the registry of historic resources.

Ordinary maintenance and repair is routine work that does not, by law, require a permit; involves regular, customary, or usual care of an existing building, structure, or object for the purpose of preserving said property in a safe and sanitary condition; and does not involve a change in design, material, or appearance.

Resource is a property, structure, site, improvement or natural feature, including any associated landscaping.

Substantial alteration is any alteration of any historic resource, or part thereof, which so changes the resource as to remove, alter, destroy, lessen, or detract from its historical value or character, but does not include ordinary maintenance and repair work.

(Ord. No. 1593, § 3, 10-24-23)

A.

For the purposes of this chapter, a resource may be designated a historic resource if, following the process in Section 17.58.50, the city council, upon recommendation from the historic resources commission determines it satisfies any of the following requirements:

1.

The resource is the first, last, only, or most significant historical property of its type in the city.

2.

The resource is associated with an individual person or group having significant influence on the history or development of the city.

3.

The resource is an example or contains an example of a period, style, architectural movement, or construction of historical, aesthetic, or architectural interest.

4.

The resource is a part of, or contributes aesthetically to, the historical heritage of the city.

B.

The city council and the historic resources commission may consider age of a resource when determining whether any of the factors in this section are satisfied. However, age alone is not determinative of a resource's historical significance.

(Ord. No. 1593, § 3, 10-24-23)

17.58.50 - Procedure for identification and designation of historic resource; notice of sale or transfer.

A resource shall be identified, and if owner consent is provided, designated as a historic property by the city council, upon the recommendation of the historic preservation commission in the following manner:

A.

Identification and initiation of designation. The owner of the resource, or a resident of the city, may apply to the historic preservation commission to designate a resource as historic. Applications by owners and residents shall be accompanied by such historical and architectural information as required by applicable forms made available by the community development director or designee to make an informed recommendation, and the application fee in an amount set by resolution of the city council. The historic preservation commission may also identify properties for consideration of designation on its own motion.

B.

Owner consent required. An application, or identification by the commission, for designation shall include written consent of the resource owner. If owner consent is not obtained, the identified resource will not be considered for designation and inclusion in the register of historic resources.

C.

Inventory of identified resources. The commission shall maintain a list of resources identified by the commission, including those for which a designation application has been submitted but owner consent to such designation has not been obtained. The list shall include any relevant public information for the identified resources and shall be made available to the public, except for any information exempt from disclosure under state law, including, without limitation, records of Native American graves, cemeteries, sacred places, features and objects exempt from disclosure pursuant to California Government Code Section 7927.000 and the California Code of Regulations Title 14, Section 15120(d). Inclusion of a resource on the inventory does not trigger any requirements by or restrictions on the owner of the resource under this chapter.

D.

Delay of work pending designation determination. No alteration, demolition, or removal of resources for which the owner's consent to designation has been obtained shall be allowed until the designation determination is made by the commission.

E.

Public hearing. The commission shall schedule a public hearing on all proposed designations for which the owner of the resource has consented. If an application for designation originates from a resource owner or a city resident, the public hearing shall be held within ninety days of the commission's receipt of a complete application.

F.

Notice of hearing. Notice of the date, place, time, and purpose of the public hearing shall be given by first class mail to applicants, owners, and occupants of the resource and to property owners within three hundred feet of the resource at least ten days prior to the date of the public hearing and shall be advertised once in a newspaper of general circulation at least ten days before the public hearing. Additional methods of notice may be provided in any other manner deemed desirable and practicable.

G.

Commission recommendations. After the public hearing, the commission shall make a recommendation in writing to the city council on whether to approve, conditionally approve, or disapprove the application for designation and set forth the reasons for the decision based on the criteria in Section 17.58.40. The commission shall specify which part or parts of the resource it recommends be included in the city's register of historic resources.

H.

City council review. The commission shall notify the city clerk of the commission's recommendation, who shall set the matter for public hearing at a city council meeting. Notice of the public hearing before the city council shall be provided in the same manner as Section 17.58.50.E. After the city council's public hearing on the matter, the city council shall by resolution affirm, modify, or reject the commission's recommendation regarding whether the resource should be designated a historic resource based on the criteria in Section 17.85.40. If the city council designates a resource as a historic resource, the commission shall enter the historic resource in the city's register of historic resources. The register shall contain a description of each resource, the reason(s) for its inclusion in the register, and an inventory detailing those parts or characteristics of the resource which are being classified as historic. Copies of the register shall be available to the public.

I.

Notice of designation. Notice of the designation shall be sent to applicants and owners of the designated resource. Within thirty days of receipt of the notice of designation, the owner shall have recorded in the office of the county recorder that said resource has been designated a historical resource and is subject to all restrictions applicable to such resource under this code. Failure to send any notice to owners whose address is not a matter of public record shall not invalidate any proceedings in connection with a designation and failure of an owner to record the designation shall not affect the application of any provisions of this chapter.

J.

Amendment or rescission. Designation of a historic resource may be rescinded or amended in the same manner and procedure as for designation. A designation may be rescinded if the applicant presents facts clearly demonstrating to the satisfaction of the city council, upon recommendation of the historic preservation commission, that the failure to remove the resource from the register of historic resources would cause immediate and substantial hardship (pursuant to the standards in Section 17.58.80) to the owner of the resource which was not reasonably foreseeable at the time the resource was placed on the register of historic resources.

K.

Notice of transfer. Owner, or their legal representatives, assignees, or heirs shall give written notice to the historic preservation commission of the sale or transfer of ownership of any designated historic resource within ten days of the sale or transfer.

(Ord. No. 1593, § 3, 10-24-23)

17.58.60 - Certificate of appropriateness for demolition, substantial alternation, or removal.

A.

Certificate of appropriateness required. Except as provided in Sections 17.58.80 or 17.58.90, it is unlawful for any person to demolish, remove, substantially alter, or engage in any work on a historic resource without first notifying the community development department of the resource's status as a registered historic resource and without first having applied and been granted a certificate of appropriateness from the city

ss required. Except as provided in Sections 17.58.80 or 17.58.90, it is unlawful for any person to demolish, remove, substantially alter, or engage in any work on a historic resource without first notifying the community development department of the resource's status as a registered historic resource and without first having applied and been granted a certificate of appropriateness from the city

council, upon recommendation of the historic preservation committee for such work pursuant to the provisions of this chapter.

B.

Applications. An owner of a historic resource may request a certificate of appropriateness by filing a written application with the community development department on a form provided by the department and including all required information and payment of applicable fees. The community development director shall refer the application to the commission for review.

C.

Public hearing. The historic preservation commission shall hold a public hearing on an application for a certificate of appropriateness within sixty days of receipt of referral from the community development department. Any interested person or persons shall be allowed to appear in person or by petition at the hearing on the matter. The time limits in this section shall be extended by the community development director when necessary to comply with the provisions of the California Environmental Quality Act (CEQA), with the written consent of the owner, or to allow city staff an additional period of time not exceeding thirty days in which to analyze information submitted to the city at or near the end of the sixty day period in which to act on the application. A public hearing shall be scheduled and notice provided per this article and CEQA where applicable.

D.

Notice of hearing. Notice of the date, place, time, and purpose of the public hearing shall be given by first class mail to applicants, owners, and occupants of the resource and to property owners within three hundred feet of the resource at least ten days prior to the date of the public hearing and shall be advertised once in a daily newspaper of general circulation at least ten days before the public hearing. Notice may also be given in any other manner deemed desirable and practicable.

E.

Commission recommendation. After close of the public hearing, the historic preservation commission shall make a recommendation in writing to the city council regarding the approval, modification, or rejection of the proposed demolition, removal, or substantial alteration of the historic resource pursuant to the standards in Subsection G of this section.

F.

City council review. The historic preservation commission shall notify the city clerk of the commission's recommendations, who shall set the matter for public hearing at a city council meeting. Notice of the public hearing before the city council shall be provided in the same manner as Subsection D of this section. Upon review of the commission's recommendation, the city council may grant, deny, or modify the requested permit pursuant to the standard in Subsection G of this section.

G.

Standards for review. Except as provided in Section 17.58.80, the historic preservation commission shall only recommend approval, and the city council shall only approve, a permit for the destruction, removal, or substantial alteration of a historic resource if the commission or the city council finds the proposed work will neither adversely affect the exterior architectural features of the resource nor adversely affect the character or historical, architectural, or aesthetic interest, character defining elements, or value of the resource. In evaluating applications for demolition, removal, or substantial alteration of a historic resource, the commission and the city council shall consider the following:

1.

Consistency with the architectural style, design, arrangement, texture, materials, color, and character defining elements of the historic resource.

2.

Consistency with the U.S. Department of the Interior National Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings, as may be amended from time to time.

3.

The goals and policies of this chapter.

4.

The goals and policies of the general plan, any applicable specific plan, and the regulations of the city.

(Ord. No. 1593, § 3, 10-24-23)

A.

An owner of a historic resource may apply for a hardship permit for the demolition, removal, or substantial alteration of a historic resource that may adversely affect the exterior architectural features of the resource or adversely affect the character or historical, architectural, or aesthetic interest or value of the resource. Such application shall include facts and information clearly demonstrating a substantial hardship pursuant to Subsection C of this Section and that such substantial hardship was not reasonably foreseeable.

B.

City Council may approve a hardship permit if, upon recommendation of the historic preservation committee, the city council finds:

1.

The failure to receive the permit would cause immediate and substantial hardship to the owner of the resource.

That immediate and substantial hardship was not reasonably foreseeable at the time the resource was placed on the register of historic resources.

C.

For the purposes of this chapter, an immediate and substantial hardship exists when the preservation of the integrity of the historic resource:

1.

Is infeasible from a technical, mechanical, or structural standpoint, and/or

2.

Would leave the resource with no reasonable economic value because it would require an unreasonable expenditure considering current market value, permitted uses of the resource, the value of transferable development rights and the cost of compliance with applicable local, state, and federal codes.

D.

The historic preservation commission and the city council may request the applicant provide material evidence supporting the claim of immediate and substantial hardship.

(Ord. No. 1593, § 3, 10-24-23)

A.

The following do not require review a certificate of appropriateness:

1.

Ordinary maintenance and repair.

2.

Demolition, removal, repair, alteration, or other work the community development director determines is immediately necessary to protect the public health and safety and general welfare. The director shall notify the historic preservation commission in writing within five days of issuing any emergency approval.

3.

Alterations to the interior of any structure, including designated structures.

4.

Landscaping, unless landscaping is specifically designated as part of a historical resource.

Painting of a building.

6.

Demolition, removal, or substantial alteration of a noncommercial property owned by a religiously affiliated association or corporation not organized for profit provided the criteria in Government Code Section 37361(c) are met, including objection by the religiously affiliated association or corporation and demonstration of a substantial hardship.

B.

From time to time the Commission and City Council may add specific guidelines or manuals for reference by Staff and Resource owners.

(Ord. No. 1593, § 3, 10-24-23)

A.

For any action or development covered by this chapter that is undertaken without the issuance of a permit or that is not in full compliance with the terms and conditions of a permit issued pursuant to this chapter, the building official shall order the action stopped by written notice.

B.

It shall be a misdemeanor for any person to carry out any work in violation of such a stop work order or in violation of this chapter.

C.

In addition to other penalties, if a registered historic resource is demolished without a permit required by this chapter, no building permit shall be issued for any use of the site for five years.

(Ord. No. 1593, § 3, 10-24-23)

Chapter 17.60 - DEVELOPMENT AGREEMENTS

A.

These provisions establish procedures and requirements for the consideration of Development Agreements between property owners and the City. It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the California Government Code, and shall be so construed.

B.

Interpreting the provisions of any Development Agreement entered into pursuant to this chapter, those provisions shall be read to fully implement, and to be consistent with, the language of this chapter, Article 2.5 of the California Government Code, cited above, and the agreement itself.

(Zoning Ord. dated 1/31/06, § 9115.01.)

Any owner of real property or other person having a legal or equitable interest in the property may request and apply to enter into a Development Agreement on forms provided by the Director, consistent with the provisions of Chapter 17.48, Application and Fees.

(Zoning Ord. dated 1/31/06, § 9115.02.)

A.

The Director shall set the application, together with recommendations, for public hearing pursuant to Chapter 17.68, Hearings and Appeals.

B.

In the event the Council approves or conditionally approves the application, it shall, as a part of its action of approval, direct the City Attorney to prepare a Development Agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as a resolution authorizing execution of Development Agreement by the City Manager.

C.

The resolution shall set forth findings, and the facts supporting them, that the Development Agreement is consistent with the General Plan and any applicable Specific Plans, this Zoning Ordinance, and that it will promote the welfare and public interest of the City.

(Zoning Ord. dated 1/31/06, § 9115.03.)

A.

Mandatory Contents. Development Agreements entered into pursuant to this chapter must contain provisions that set forth:

1.

The specific duration of the agreement;

2.

The specific permitted uses of the property,

The specific density or intensity of the proposed use(s);

4.

Provisions, if any, for reservation or dedication of land for public purposes;

5.

Provisions not permitting protection from a future increase in development fees;

6.

Provisions for a tiered amendment review procedure such as:

a.

Director sign-off for small changes;

b.

Commission sign-off for large changes; and

c.

Major amendments by Council; and

7.

Provisions for a health and safety exception such as a "compelling public necessity".

B.

Permissive Contents. Development Agreements entered into pursuant to this chapter may include:

1.

Terms, conditions, restrictions, and requirements for subsequent discretionary actions;

2.

Provisions for timing of entitlements, improvements or other components of the project;

3.

The terms and conditions of financing of public improvements; and

4.

Terms, conditions and requirements which the Council may deem necessary and proper, including, but not limited to, a requirement for assuring, to the satisfaction of the City, performance of all provisions of the

agreement in a timely fashion by the applicant.

(Zoning Ord. dated 1/31/06, § 9115.04.)

A.

The Development Agreement shall not be executed by the City until on or after the date upon which the resolution approving the agreement and enacted becomes effective.

B.

A Development Agreement that has been properly executed shall be recorded in the office of the County Recorder no later than 10 days after it is entered into.

(Zoning Ord. dated 1/31/06, § 9115.05.)

Approval or conditional approval of a Development Agreement, pursuant to this chapter shall be deemed a discretionary action for purposes of the California Environmental Quality Act (CEQA).

(Zoning Ord. dated 1/31/06, § 9115.06.)

A.

All Development Agreements approved and executed pursuant to this chapter shall be reviewed every year following the date of execution, to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the Development Agreement. The burden shall be on the applicant or its successor to demonstrate such compliance to the full satisfaction of, and in a manner as prescribed by the City.

B.

In the event that, as a result of periodic review, the Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with terms or conditions of the agreement, the Council may order, after hearing, that the agreement be terminated or modified.

(Zoning Ord. dated 1/31/06, § 9115.07.)

A.

The rules, regulations and official policies governing permitted uses of the land, density limits, and design standards, improvement and construction standards and specifications, applicable to development of the

property subject to a Development Agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement, unless otherwise provided by the Development Agreement.

B.

A Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property under the Development Agreement, nor does a Development Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

(Zoning Ord. dated 1/31/06, § 9115.08.)

17.60.090 - Approved development agreements.

Approved Development Agreements shall be kept on file with the City Clerk.

(Zoning Ord. dated 1/31/06, § 9115.09.)

Chapter 17.64 - GENERAL PLAN AMENDMENTS

A.

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 vision and planning process.

B.

The City Council may amend the General Plan of the City of Banning whenever required by public necessity and general welfare.

(Zoning Ord. dated 1/31/06, § 9116.01.)

A.

Applicants shall submit such applications on forms provided for such purpose by the Director, 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, and shall provide such additional information and materials as the Director deems necessary and appropriate.

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 shall be applicable.

(Zoning Ord. dated 1/31/06, § 9116.02.)

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

(Zoning Ord. dated 1/31/06, § 9116.03.)

Upon receipt in proper form of a General Plan Amendment Application, or direction of the Council, and following Department review, hearings shall be set before the Commission and Council. Notice of the hearings shall be given pursuant to the requirements of Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9116.04.)

The Commission shall make written recommendation on the proposed amendment whether to approve, approve in modified form or disapprove, based upon the findings to the City Council.

(Zoning Ord. dated 1/31/06, § 9116.05.)

Upon receipt of the Commission's recommendation, the Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings. Amendments to the General Plan Land Use/Zoning District map shall be adopted by resolution. Amendments to the text of the General Plan shall be adopted by resolution.

(Zoning Ord. dated 1/31/06, § 9116.06.)

(Ord. No. 1488, § 3.2.c., 6-9-15)

17.64.070 - Findings.

An amendment to the General Plan may be adopted only if all of the findings are made:

A.

That the proposed amendment is internally consistent with the General Plan.

B.

That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

C.

That the proposed amendment would maintain the appropriate balance of land uses within the City; and

D.

That in the case of an amendment to the General Plan Land Use Map, the subject parcels (s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designations(s) and the anticipated land use developments (s).

(Zoning Ord. dated 1/31/06, § 9116.07.)

Chapter 17.68 - HEARINGS AND APPEALS

These provisions specify procedures for hearing before the Council, Commission and Director and appeals of any requirement, decision or determination made by the Director or the Commission.

(Zoning Ord. dated 1/31/06, § 9117.01.)

17.68.020 - Application processing.

A.

Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091, and 66451.3.

B.

Not less than 10 days before the date of a hearing, public notice shall be given of such hearing by each of the following methods:

1.

By publication once in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.

2.

a.

By mailing, 10 days prior to said hearing, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. For properties zoned R/A, R/A/H, RR, RR/H, notice shall be sent to the owners of property within a radius of 1,200 feet f the exterior boundaries of the property involved in the application. Notice is deemed received 2 days after date of postmark. The list of property owners addresses shall be typed on gummed labels, together with

required postage. The list shall be prepared and certified by a title insurance company, civil engineer or surveyor licensed to practice in California.

b.

The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; or, in the event that the number of owners and tenants to whom notice would be sent is greater than 1000, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least ⅛ page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and

3.

By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property of the owner's authorized agent. The notice shall state the nature of the request, the location of the property (text or diagram, the date, time, and place of the scheduled hearing, and the hearing body. Notice is deemed received 2 days after date of postmark.

(Zoning Ord. dated 1/31/06, § 9117.02.)

The Director shall make an investigation of facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Ordinance and the General Plan. The Director shall report the findings to the Commission or Council, as appropriate.

(Zoning Ord. dated 1/31/06, § 9117.03.)

Hearings as provided for in this chapter shall be held at the date, time and place for which notice has been given as required in this chapter. The summary minutes shall be prepared, and audiotape made and filed in the Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

(Zoning Ord. dated 1/31/06, § 9117.04.)

The Director shall announce and record his/her respective decisions at the conclusion of each required hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(Zoning Ord. dated 1/31/06, § 9117.05.)

A.

The Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

B.

Following the Hearing, a notice of the decision of the Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application. A copy of the decision, with all applicable conditions of approval, shall be forwarded to the Mayor and City Council.

(Zoning Ord. dated 1/31/06, § 9117.06.)

The Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.

(Zoning Ord. dated 1/31/06, § 9117.07.)

Director and Commission approved permits shall become effective upon approval, unless appealed. Specific Plans, General Plan Amendments, and Maps approved by the Council shall become effective upon approval. Development Code Amendments and Zoning text and map Amendments shall become effective 30 days following the final date of action (i.e., adoption) by the Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment.

Any determination or action taken by the Director may be appealed to the Commission. In a similar manner, any action taken by the Commission to approve or disapprove an application may be appealed to the Council.

(Zoning Ord. dated 1/31/06, § 9117.09.)

All appeals shall be submitted to the Department on a City application form, and shall specifically state the basis of the appeal. Appeals shall be filed with the Department within 15 days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 17.48, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9117.10.)

Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

(Zoning Ord. dated 1/31/06, § 9117.11.)

An action of the Director appealed to the Commission shall not become final unless and until upheld by the Commission. An action of the Commission appealed to the Council shall not become final unless and until upheld by the Council.

(Zoning Ord. dated 1/31/06, § 9117.12.)

When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment.

(Zoning Ord. dated 1/31/06, § 9117.13.)

If more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the department within fifteen days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.68.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant.

(Zoning Ord. dated 1/31/06, § 9117.14.)

(Ord. No. 1510, § 3(2), 9-11-17)

Chapter 17.72 - HOME OCCUPATION PERMITS

The provisions of this chapter allow for conducting home-based occupations, which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant of the dwelling.

(Zoning Ord. dated 1/31/06, § 9118.01.)

A.

The conduct of a home occupation requires the approval of the director who may establish conditions to further the intent of this chapter. An application for a home occupation permit shall be on a form prescribed by the director and shall be filed with the department pursuant to the chapter 17.48, applications and fees of this zoning ordinance.

B.

A home occupation permit shall not be required for an in-home education activity, including, but not limited to, music lessons, academic tutoring, or religious instruction, provided that no more than five students are present at any one time, and the use complies with all of the operating standards of the zoning ordinance.

(Zoning Ord. dated 1/31/06, § 9118.02.)

(Ord. No. 1463, § 5, 7-9-13)

17.72.030 - Operating standards.

Home occupations shall comply with all of the following operating standards and parameters:

A.

The home occupation shall not alter the appearance of the dwelling unit or its front or side yards.

B.

There shall be no displays, sale, or delivery of merchandise, or advertising signs on the premises;

C.

There shall be no signs other than the address and name of the residents;

D.

There shall be no advertising, which identifies the home occupation by street address;

E.

The home occupation shall be confined completely to 1 room located within the dwelling. It shall not occupy an area equivalent to more than 25% of the gross area of the dwelling.

F.

No portion of any garage or carport shall be used for home occupation purposes. Horticulture activities may be conducted outdoors but only within the rear ⅓ of the lot;

G.

Only one vehicle no larger than a ¾-ton truck may be used onsite or parked onsite by the occupant directly or indirectly in connection with a home occupation;

H.

There shall be no encroachment into any required parking, setback, or open space areas, by the home occupation. Likewise, the home occupation may not spill out onto the street or public right of way;

I.

Material or mechanical equipment which are not recognized as being part of a normal household or hobby use, may not be used or stored on the property, except for relatively small pieces of office equipment or tools;

J.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption, including but not limited to water, gas and electric, shall not exceed that of normal residential usage;

K.

Uses which create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards, or nuisance which can be detected by adjacent or nearby residents are not allowed as home occupations.

L.

Only the occupants of the dwelling may be engaged in the home occupation on the property;

M.

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, exceeding what would be allowed for a typical residence;

N.

The home occupation shall not generate vehicular traffic in excess of the customarily associated with the land use district in which it is located;

O.

Home occupations shall be required to obtain a current business license and Home Occupation Permit, pursuant to the City of Banning Municipal Code, and such licenses and permits shall not be transferable to another location or to another owner;

P.

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit; and 19. The Director may require any special condition to be made part of the record of the Home Occupation Permit, as deemed necessary to carry out the intent of this chapter.

(Zoning Ord. dated 1/31/06, § 9118.03.)

17.72.040 - Prohibited home occupations.

A.

Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

B.

Carpentry in excess of minor cabinet making;

C.

Medical and dental offices, clinics, and laboratories;

D.

Mini storage;

E.

Junk yards or salvage yards;

F.

Repair or fix-it shops; plumbing shops; welding and machine shops; and

G.

Storage of equipment, materials, and other accessories to the construction and service.

H.

Vehicle repair (body of mechanical) upholstery, and painting, storage; vehicle towing; and any and all types of auto or truck repair including but not limited to engine repair, exhaust system repair;

J.

Any use determined by the Director as not incidental or compatible with residential activities.

(Zoning Ord. dated 1/31/06, § 9118.04.)

A Home Occupation Permit may be revoked or modified by the Director if any one (1) of the following findings can be made:

A.

The use or combination of uses on the property, have become detrimental to the public health, safety, welfare or traffic, or constitute a nuisance;

B.

The permit was obtained by misinformation, misrepresentation or fraud;

C.

The use for which the permit was granted has ceased or was suspended for six (6) or more consecutive calendar months;

D.

The condition of the home, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this chapter.

E.

One (1) or more of the conditions of the Home Occupations Permit have not been met; or

F.

The use is in violation of any statute, ordinance, law, or regulations.

(Zoning Ord. dated 1/31/06, § 9118.05.)

Chapter 17.76 - INTERPRETATIONS

The purpose of these provisions is to ensure the consistent, fair and predictable interpretation and application of the City's Zoning Ordinance and the General Plan.

(Zoning Ord. dated 1/31/06, § 9119.01.)

A.

The Community Development Department Director has the authority to make Zoning Ordinance interpretations, and the Planning Commission has the authority to make General Plan interpretations. A written appeal of any interpretation of the provisions of this Zoning Ordinance may be filed, together with all required fees, with the Department pursuant to the terms of this Zoning Ordinance. The appeal shall specifically state the Zoning Ordinance or General Plan provision(s) in question, and provide any information to assist in the review of the appeal.

B.

The decision of the Director may be appealed to the Planning Commission, and the decision of the Planning Commission may be appealed to the City Council.

(Zoning Ord. dated 1/31/06, § 9119.02.)

Chapter 17.80 - MINOR EXCEPTIONS

Provisions of this chapter are meant to ensure the following:

A.

Minor Exceptions or adjustments from the standards contained in this Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, such as topography or unusual parcel shape or various geographic features, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts.

B.

Minor Exceptions granted shall be subject to such conditions as will ensure that the minor adjustment thereby authorized shall not constitute a grant of special privileges(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated, and shall not create a precedent followed by other properties and property owners lacking similar special circumstances.

(Zoning Ord. dated 1/31/06, § 9120.01.)

Applications for Minor Exception shall be filed in a manner consistent with the requirements contained in Chapter 17.48, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9120.02.)

A.

Minor Exceptions may be granted by the Director for up to a maximum of 10% of only the following measurable design/site considerations:

1.

Setbacks;

2.

Lot Dimensions;

3.

On-site parking, loading and landscaping;

4.

Structure Heights.

B.

Any exception which exceeds the limitations in this chapter shall require the filing of a Variance application, pursuant to Chapter 17.112, Variances. Minor exceptions may be approved by the Director only if no other entitlements are required. If other approvals are necessary, the minor exception shall be filed and processed with those applications.

(Zoning Ord. dated 1/31/06, § 9120.03.)

Following his decision, the Director shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

A.

That there are special circumstances applicable to the property, including shape, topography, location or surroundings, such that the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification;

B.

That granting the Minor Exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Minor Exception is sought;

C.

That granting the Minor Exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located:

D.

That granting the Minor Exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.

E.

That granting the Minor Exception does not exceed 10% of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

F.

That granting the Minor Exception is not inconsistent with the General Plan.

(Zoning Ord. dated 1/31/06, § 9120.04.)

The granting of a prior Minor Exception shall not serve as the basis for the granting of a new Minor Exception.

(Zoning Ord. dated 1/31/06, § 9120.05.)

The burden of proof to establish the evidence in support of the findings, as required by Section 17.80.040, is solely the responsibility of the applicant.

(Zoning Ord. dated 1/31/06, § 9120.06.)

A Minor Exception shall be exercised within one (1) year from the date of approval, or the Minor Exception shall become null and void.

(Zoning Ord. dated 1/31/06, § 9120.07.)

The Director may, upon an application being filed 30 days prior to expiration and for good cause, grant one time extension not to exceed 12 months. Upon granting of an extension, the Director shall ensure the Minor Exception complies with all Zoning Ordinance provisions in effect at the time of the request for extension.

(Zoning Ord. dated 1/31/06, § 9120.08.)

No permit shall be issued for any use involved in an application for approval of a Minor Exception until, and unless, the same shall have become final.

(Zoning Ord. dated 1/31/06, § 9120.09.)

A.

A Minor Exception granted pursuant to the provisions of this chapter may be modified or revoked following a public hearing by the Director. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such Minor Exception was granted. Notice shall be deemed delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Riverside, and/or the project applicant.

B.

A Minor Exception may be revoked or modified by the Director if any one (1) of the following findings can be made:

1.

That circumstances have changed so that one (1) or more of the findings contained in Section 17.80.040 can no longer be made;

2.

That one or more of the conditions of the Minor Exception have not been met; or the grantee has not substantially exercised the rights granted by the Minor Exception;

3.

That the Minor Exception was obtained by misinformation, misrepresentation or fraud;

4.

That the improvement authorized by the Minor Exception has ceased or was suspended for six (6) or more consecutive calendar months;

5.

That the improvement authorized by the Minor Exception is in violation of any statute, ordinance, law, or regulation; or

6.

That the improvement authorized by the Minor Exception is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Zoning Ord. dated 1/31/06, § 9120.10.)

Chapter 17.84 - MINOR MODIFICATIONS

The modification procedure is intended to provide a method whereby minor changes may be made to existing, previously approved land use entitlements, without any additional impact or expansion of use or structure(s).

(Zoning Ord. dated 1/31/06, § 9121.01.)

A.

The minor modification of a previously approved entitlement requires the approval of the Director, who may establish additional conditions to further the intent of this chapter. An application for the minor modification shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.48, Applications and Fees.

B.

Any modification request which exceeds the prescribed limitations outlined in this chapter shall require the refilling of the original application and a subsequent hearing by the appropriate review authority.

(Zoning Ord. dated 1/31/06, § 9121.02.)

The Director may grant a minor adjustment to an approved permit up to a maximum of 10% governing only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in this Zoning Ordinance:

A.

On-site circulation and parking, loading and landscaping;

B.

Placement and/or height of walls, fences and structures;

C.

Reconfiguration of minor architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and

D.

A reduction in density or intensity of a Development Project.

(Zoning Ord. dated 1/31/06, § 9121.03.)

Chapter 17.88 - NON-CONFORMING STRUCTURES AND NON-CONFORMING USES

A.

These provisions provide for the orderly termination of non-conforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. The intent of this chapter is to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.

B.

Non-conforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that non-conforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.

(Zoning Ord. dated 1/31/06, § 9122.01.)

Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures, and may continue even though they fail to conform to the present requirements of the land use district in which they are located. Legal non-conforming structures may be maintained as follows:

A.

Legal non-conforming structures which are damaged up to one-half (½) or more of the replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of the Zoning Ordinance. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire and earthquake, may be reconstructed up to the original size, placement, and density. However, reconstruction shall be substantially completed within two (2) years of the damage or destruction.

B.

Necessary repairs and desired alterations may be made to legal non-conforming residential structures located in a residential land use district.

C.

Reasonable repairs and alterations may be made to legal non-conforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Chief Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed one-half (½) of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

D.

Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed one-half (½) of the replacement cost of the non-conforming structure over any consecutive five (5) year period.

E.

The replacement cost shall be determined by the Chief Building Official of the City.

F.

Any additional development of a parcel with a legal non-conforming structure will require that all new structures be in conformance with this Zoning Ordinance.

G.

If a structure is permitted but is non-conforming only due to off-street parking or loading standards, expansion of that structure will require that it meet off-street parking or loading standards for the existing structure as well as for the expansion, in conformance with Chapter 17.28, Parking Standards.

H.

If the use of a non-conforming structure is discontinued for a period of 6 or more consecutive calendar months, the structure shall lose its legal non-conforming status, and shall be removed or altered to conform to the provisions of this Development code. A use of a legal non-conforming structure shall be considered discontinued when any of the following apply:

1.

The Director has determined, by whatever means, that the intent of the owner to discontinue use of the non-conforming structure is apparent.

2.

Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of 6 or more consecutive calendar months.

3.

Where there are either no business sales receipts or no business purchase receipts available for the 6 month period.

4.

Where there has been no electrical utility bill paid for the property for the 6 month period.

(Zoning Ord. dated 1/31/06, § 9122.02.)

Non-conforming uses are those which lawfully existed prior to the effective date of this Zoning Ordinance, but which are no longer permitted in the land use district in which they are located. The continuance of legal non-conforming uses are subject to the following:

A.

Change of ownership, tenancy, or management of a non-conforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not increase.

B.

If a non-conforming use is discontinued for a period of six (6) or more consecutive calendar months, it shall lose its legal non-conforming status, and the continued use of the property shall be required to conform

with the provisions of this Zoning Ordinance.

C.

Additional development of any property on which a legal non-conforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.

D.

If a non-conforming use is converted to a conforming use, no non-conforming use may be resumed.

E.

No non-conforming use may be established or replaced by another non-conforming use, nor may any nonconforming use be expanded or changed, except as provided in this chapter.

F.

A nonconforming use located in a commercial or industrial zone may be expanded up to but not exceeding 50 percent of the existing floor area provided the expansion conforms to all other requirements of the zone and subject to the approval of a conditional use permit by the planning commission.

(Zoning Ord. dated 1/31/06, § 9122.03.)

(Ord. No. 1404, § 4, 3-10-09)

17.88.040 - Abatement of non-conforming uses.

Legal non-conforming uses shall be discontinued within the following specified time limits, from the effective date of this Zoning Ordinance:

Table 17.88.040

Abatement Schedule

(Zoning Ord. dated 1/31/06, § 9122.04.)

When any non-conforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

(Zoning Ord. dated 1/31/06, § 9122.05.)

When a property owner, upon request by the City, offers dedication for right-of-way which results in the reduction of a dimension of the property below the minimum property development requirements in the Zoning Ordinance, Council shall make a finding that such dedication is for public purposes and the reduction in minimum required dimension shall not in and of itself, create a nonconformity, pursuant to this Zoning Code.

(Zoning Ord. dated 1/31/06, § 9122.06.)

Nothing contained in this chapter shall be construed or implied as to allow for the continuation of illegal non-conforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of this ordinance regarding the enforcement of provisions, and State Law.

(Zoning Ord. dated 1/31/06, § 9122.07.)

Any lawfully created lot that becomes nonconforming with regard to lot area, lot width, or lot depth may be developed for a structure that would otherwise be allowed in that zone as long as all development standards are met with the exception of lot size or dimension, or a variance is obtained for any standards that cannot be achieved.

(Ord. No. 1510, § 3(2), 9-11-17)

Chapter 17.92 - PLANNED UNIT DEVELOPMENTS

Planned Unit Development permits allow greater flexibility in design in integrated developments than is possible through the strict application of zoning district regulations, and encourage the design of wellplanned facilities which offer a variety of land uses through creative and innovative planning, including but not limited to the following types of development:

A.

Residential Development. Residential developments, which may include a variety of housing types and site plans, accessible open (green spaces) or common recreational areas and facilities, and other features of

substantial benefit to a viable and balanced community.

B.

Residential/Commercial Development. Mixed residential/commercial developments that would permit but not be limited to apartments, convenience shopping facilities, professional office, commercial, recreational facilities, or other compatible land uses grouped in a well-designed and coordinated site development.

C.

Industrial/Commercial Development. Well-designed and controlled groupings of research, service and/or light industrial/commercial uses within an area containing visual and operational amenities, and features, such as selective occupancies, setbacks, landscaping and bulk and building material controls.

(Zoning Ord. dated 1/31/06, § 9123.01.)

A.

In administering the provisions of this chapter, the Community Development Department and the Planning Commission shall take into consideration the extent to which the proposed Planned Unit Development (PUD) generally promotes the purposes of this chapter. It is intended that this chapter be applied to developments capable of achieving the distinct environmental and developmental characteristics and benefits intended by the Planned Unit Development criteria set forth in this chapter.

B.

The PUD shall observe the following design criteria:

1.

The overall plan shall be comprehensive, and include all land, buildings, landscaping and their interrelationships.

2.

The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities as related to the intended use and intensity of development. Buildings, structures and facilities in the parcel shall be well integrated, and oriented to the topographic and natural landscape features of the site, including wildlife passage corridors, when possible.

3.

The proposed development shall be compatible with existing and planned land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community.

The internal street system should not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

5.

Common areas and recreational facilities s shall be located so as to be readily accessible to the occupants of the PUD and shall be well related to any common open spaces provided.

6.

Architectural unity and harmony should be achieved so far as practicable within the development, as well as with historical and other desirable characteristics of the immediate neighborhood, the broader community, and environmental features such as wetlands, trees, other vegetation, and wildlife habitat.

(Zoning Ord. dated 1/31/06, § 9123.02.)

In addition to the general provisions of this ordinance and the requirements of the underlying zones, unless modified herein, a PUD shall comply with the following standards:

A.

Design standards. The PUD project shall be designed to promote more economical and efficient use of the land, to provide a higher level of urban amenities, and to preserve the natural scenic qualities of open spaces. Overall standards for open spaces, circulation, off-street parking and other design criteria should be incorporated to create a harmonious, integrated project of such high quality as to justify exceptions to the regulations that pertain to the zoning district affecting the proposed project.

B.

Density standards. The density standards of the zone in which the property is located shall apply to residential uses. The total number of dwelling units permitted on a residential portion of planned development shall be computed by multiplying the gross acreage of the site by the permitted density factor.

C.

Minimum Lot Size. Residential lot size in a Planned Unit Development may be reduced below the minimum standards required by the zoning ordinance. However, as a prerequisite, the developer shall demonstrate that there is a reasonable relationship between the proposed lot size and the usable and accessible open area within the total development. When the required minimum lot area is reduced below the standards set forth in any residential zone, the additional amount of open space provided (above the minimum requirements of the zone) shall be equal to or greater than the sum of all reductions of the required minimum lot size.

D.

Yards.

1.

Front Yards. Front yard setback compatible with the existing or potential development adjacent and/or opposite from existing development shall be required to provide for an orderly and uniform transition along the streetscape to preserve, protect, and enhance the properties adjacent to the proposed planned development. The front yard of the proposed Planned Unit Development shall not be less than that of the developed lots, and shall not be less than the minimum requirements of the zoning district in which they are located. Where this is not the case, front yard setbacks shall be shown on the development plan and shall be subject to approval as shown or modified by the Planning Commission.

2.

Side and rear yards. The side and rear yards for each lot shall be shown on the development plan and shall be subject to approval, as shown, or as modified, by the Planning Commission.

E.

Development Standards. Development standards for building height, landscaping, lot coverage, types of structures, access and signs, shall meet the requirements of the underlying zones.

F.

Parking. Parking requirements for each land use shall be consistent with Chapter 17.28, Parking Requirements.

(Zoning Ord. dated 1/31/06, § 9123.03.)

17.92.040 - Open spaces, common areas and facilities.

Common open spaces shall comprise not less than thirty percent (30%) of the gross site area. Common open space shall be that portion of the gross site area developed for recreational use (such as swimming pool, tennis court, golf course, children's playground, picnic area), and designated for the use and enjoyment of all the occupants within the development, but shall not include streets, highways or other vehicular rights-of-way.

A.

The topographic constraints of said open space shall be such that at least fifty percent (50%) thereof shall be comprised of level land, or land of moderate slopes not exceeding ten percent (10%) grade. No grading slope or area exceeding a ten percent (10%) grade shall be counted as open space.

B.

The defined streambed of any water course shall not be counted as open space.

C.

A declaration of covenants, conditions and restrictions relating to the repair, maintenance and management of the open spaces and common areas and facilities, signed and acknowledged by those parties having any record title to the land to be developed, and enforceable by the City shall be recorded. Such

declaration shall provide that an assessment for the purposes of care, maintenance and improvement of the open spaces, common area and facilities upon any lot shall be a lien upon the lot and shall establish a method for making the claim and foreclosure, including power of sale.

D.

Common open space shall be left in its natural attractive, unique or scenic state, unless landscaped in accordance with an approved landscaping plan. Preservation of scenic landscape features such as watercourses, rock outcroppings, hillsides, sensitive land areas, existing vegetation, wildlife, unique topographic features and views shall be encouraged. Open spaces shall be integrated into the overall design of the project.

E.

All improvements, located within the common open space, such as landscaping, parks, recreational facilities, travel ways, and parking area, shall be maintained in a safe condition and a state of good repair.

F.

Any failure to maintain such improvements located within the common areas shall be declared to be unlawful and a public nuisance endangering the health, safety and general welfare of the public and a determent to the surrounding community.

G.

In addition to any other remedy provided by law for the abatement, removal or correction of such public nuisance, the City, after giving proper notice, may cause the necessary work of maintenance or repair to be done, and the cost thereof shall be assessed against the development property owners and the City may record and collect this assessment in the same manner as property taxes are recorded and collected.

(Zoning Ord. dated 1/31/06, § 9123.04.)

An application for a Planned Use Development Permit shall be filed in a manner consistent with the requirements contained in Chapter 17.48, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9123.05.)

In order to classify, regulate, restrict, and control the uses of land, buildings, and structures, to regulate and limit the type, height, bulk, and architecture of buildings and structures, and to regulate landscaping, open space, and density, the uses permitted pursuant to Planned Unit Development Permit shall be limited to the following:

A.

Residentially Zoned Districts.

1.

All uses permitted in residential zones, including but not limited to single family detached or attached dwelling, duplex and multiple family dwelling units;

2.

Commercial uses are permitted, providing that the juxtaposition of commercial uses with residential uses is deemed compatible and will not unreasonably interfere with the peaceful and relatively quiet use of the residential uses; provided, however, that said commercial uses shall not occupy more than ten percent (10%) of the site;

3.

Educational, cultural and institutional uses are also permitted in PUDs which are located in residential zoning districts, and are not subject to the above ten percent maximum.

B.

Industrial and Commercial Zone Districts.

1.

All uses permitted in industrial or commercial zones, provided that the juxtaposition of industrial uses with commercial uses is compatible and complementary.

2.

Residential uses are permitted, provided that the residential use is either above or behind the primary commercial or industrial use, and that separate access is provided.

(Zoning Ord. dated 1/31/06, § 9123.06.)

Upon compliance by the applicant with the procedures set forth in this chapter and Chapter 17.48, Applications and Fees, the Community Development Department may, as provided herein and upon approval by the Planning Commission, issue in any zoning district a Planned Unit Development Permit designating an area for Planned Unit Development and establishing conditions, standards and requirements for such development pursuant to this chapter.

(Zoning Ord. dated 1/31/06, § 9123.07.)

Chapter 17.96 - SPECIFIC PLANS

The purpose of this chapter is to establish uniform procedures for the adoption and implementation of Specific Plans.

(Zoning Ord. dated 1/31/06, § 9124.01.)

A Specific Plan application shall include a text and a diagram(s) which contain all of the provisions outlined in Government Code Sections 65451 and 65452, in addition to all data and related exhibits required by the Department.

(Zoning Ord. dated 1/31/06, § 9124.02.)

Upon receipt in proper form of a Specific Plan application, or direction of the City Council, and following Department review, hearings shall be set before the Planning Commission and City Council. Notice of the hearings shall be given pursuant to the requirements of Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9124.03.)

The Planning Commission shall make a written recommendation on the proposed Specific Plan whether to approve, approve in modified form or disapprove, based upon the findings contained in Section 17.96.060. Commission action recommending that the proposed Specific Plan be approved, approved in modified form, or denied shall be considered by the City Council following Commission action.

(Zoning Ord. dated 1/31/06, § 9124.04.)

17.96.050 - Council action on specific plans.

Upon receipt of the Commission's recommendation, the City Council may approve, approve with modifications, or disapprove the proposed Specific Plan based upon the findings contained in Section 17.96.060.

(Zoning Ord. dated 1/31/06, § 9124.05.)

A Specific Plan may be adopted only if all of the following findings are made:

A.

The proposed plan is consistent with the General Plan;

B.

The proposed plan would not be detrimental to the environment, or to the public interest, health, safety, convenience, or welfare of the City;

C.

The subject property is physically suitable for the requested land use designation(s) and the anticipated development(s); and

D.

The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.

(Zoning Ord. dated 1/31/06, § 9124.06.)

No public works project, tentative map or parcel map, or other land use entitlement may be approved, adopted or amended within an area covered by a Specific Plan, unless found consistent with the adopted Specific Plan.

(Zoning Ord. dated 1/31/06, § 9124.07.)

The following Specific Plans have been approved and are established as Specific Plan zoning districts to be shown upon Zoning Map as set forth herein. The Zoning Map shall be consistent with the adopted General Plan Land Use Map. Notwithstanding the express references to the Specific Plan(s) below, nothing in this section is intended to affect the enforceability of any other City Council adopted Specific Plan that is not specifically referenced below.

A.

Sun Lakes Village North Specific Plan Amendment No. 5. The Sun Lakes Village North Specific Plan Amendment No. 5, a copy of which is on file with the City Clerk and available in the Planning Division of the Community Development Department, which was adopted by the City Council by adoption of Ordinance 1571 on January 12, 2021, amends the Sun Lakes Village North Specific Plan and has been prepared to facilitate the development of forty-seven acres of real property located north of Sun Lakes Boulevard and east of Highland Springs Avenue. The area covered by the Sun Lakes Village North Specific Plan Amendment No. 5, including the "Business & Warehouse (BW)," the "Office & Professional (OP)," and the "Retail & Service (RS)" land use districts, shall collectively be established as the Sun Lakes Village North Specific Plan Amendment No. 5 zoning district, and shall be designated on the Zoning Map by the designation "Specific Plan - Sun Lakes Village North Specific Plan Amendment No. 5" and comprised of the BW, OP, and RS land use districts.

(Ord. No. 1571, §§ 1—3, 1-12-21)

Chapter 17.100 - SURFACE MINING AND LAND RECLAMATION

The following provisions are intended to establish procedures implementing the California Surface Mining and Land Reclamation Act of 1975, consistent with the following policies:

A.

Negative environmental effects should be prevented (or at least minimized), and mined land shall be reclaimed to a condition suitable for the majority of alternative uses including wildlife habitat, and human habitation, both of which require pure drinking water, as well as the removal of tailings and other toxic or hazardous waste or mining by-products.

B.

The production and conservation of minerals are possible, recognizing the importance of recreation, watershed, wildlife, range, forage, and aesthetic enjoyment considerations.

C.

Residual hazards to the public health and safety should be eliminated; and

D.

Regulation of surface mining and reclamation operations should be appropriate to the geologic, topographic, climatic, biologic, interspecies, and social conditions of the specific area being mined.

(Zoning Ord. dated 1/31/06, § 9125.01.)

All definitions contained in the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), are incorporated herein by reference.

Board. The State Mining and Geology Board, established pursuant to Public Resources Code Section 660.

Exploration or Prospecting. The search for minerals by geological, geophysical, geochemical, satellite, modeling or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of mineral present.

Hazardous Excavation. An unattended pit, shaft, portal or other surface opening which is not secured by covering, fencing, or having access restricted by gates, doors, or other reasonable means, and which presents a threat to the physical safety of wildlife or of the public.

Minerals. Any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

Person. Any individual, firm, association, corporation, organization or partnership, or any city, county, district, or the state or any department or agency thereof.

Plan. A document(s) delineating the proposed program for mining and reclaiming operations of all lands to be affected by the proposed activities.

State Geologist. The individual holding office as provided in the California Public Resources Code Section 677.

(Zoning Ord. dated 1/31/06, § 9125.02.)

The provisions of this chapter are not applicable to activities exempted under the provisions of the Surface Mining and Reclamation Act of 1975.

(Zoning Ord. dated 1/31/06, § 9125.03.)

The existence of vested rights, and the application of this chapter to such rights, shall be determined pursuant to the Surface Mining and Reclamation Act of 1975.

(Zoning Ord. dated 1/31/06, § 9125.04.)

Except as provided in the Surface Mining and Reclamation Act of 1975, any person who proposes to engage in a surface mining activity shall, prior to the commencement of such operations, file and obtain approval from the Planning Commission and City Council of a Plan and Conditional Use Permit pursuant to the requirements of this chapter, and Chapter 17.52, Conditional Use Permits.

(Zoning Ord. dated 1/31/06, § 9125.05.)

The plan shall be prepared by the applicant and filed with the Department for processing. The plan shall include the following information and documents:

A.

The name and address of the operator and the names and addresses of any persons designated as agent(s) for the service of process or notices.

B.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted;

C.

The maximum anticipated depth of the surface mining operation;

D.

The legal description of the lands that will be affected by such operation, a map that includes the boundaries and topographic details of such lands;

E.

A description of the geology of the area, and a detailed description of the geology of the area in which surface mining is to be conducted;

F.

The location of all streams, roads, railroads, and utility facilities within or adjacent to, such lands;

G.

The location of all proposed access roads to be constructed in conducting such operation, and the names and addresses of all surface and mineral interests of such lands;

H.

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

I.

A description of the proposed use or potential uses of the land after reclamation, including restoration of wildlife habitat, and evidence that all owners of interests in the land have been notified of the proposed use or potential uses;

J.

A description of the manner in which reclamation will be accomplished, including a description of the manner of control of contaminants and disposal of mining waste and a description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition minimizing erosion and sedimentation will occur;

K.

An assessment of the effect of implementation of the plan on future mining in the area;

L.

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands pursuant to the plan; and

M.

Any other information which the Director, the Planning Commission, or the City Council may require.

(Zoning Ord. dated 1/31/06, § 9125.06.)

The Plan shall be applicable to a specific piece of property or properties and shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil

stability, topography, geology, climate, stream characteristics, and principal mineral commodities.

(Zoning Ord. dated 1/31/06, § 9125.07.)

An application fee for the purpose of processing the Plan and Conditional Use Permit shall be paid to the City at the time of filing. The amount of the required application fee shall be the same as for a Conditional Use Permit pursuant to Chapter 17.48, Applications and Fees. The purpose of the fees shall be to defray the costs to the City for review of the submitted plan.

(Zoning Ord. dated 1/31/06, § 9125.08.)

Prior to setting the Plan and Conditional Use Permit, the Director shall solicit comments from the County Geologist, as the City's consulting expert, on the Plan. The applicant shall pay all fees associated with review by the County Geologist.

(Zoning Ord. dated 1/31/06, § 9125.09.)

Upon filing of all documents required by this Zoning Ordinance, a public hearing will be scheduled for Commission consideration and recommendation regarding the Plan and the Conditional Use Permit for the proposed or existing surface mining operation pursuant to the Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9125.10.)

The Commission shall make its recommendation and findings in writing to the City Council and shall transmit as copy thereof to the applicant and the City Council.

(Zoning Ord. dated 1/31/06, § 9125.11.)

The City Council, after receipt of the Commission's recommendation and findings, may either approve, modify or reject the application. The decision of the City Council shall be final.

(Zoning Ord. dated 1/31/06, § 9125.12.)

As a condition of approval for the Plan and the companion Conditional Use Permit, a periodic review schedule shall be established and maintained to evaluate the compliance with the approved plan.

(Zoning Ord. dated 1/31/06, § 9125.13.)

Chapter 17.104 - TECHNICAL STAFF REVIEW

A.

The purpose of Technical Staff Review is to provide a means and method of administrative review of development projects involving permitted land uses, prior to and as a condition of the issuance of building permits; except those uses listed below. The Director may require review of other projects, such as multiuse projects, phased projects, projects requiring permits from multiple agencies or authorities, or projects without recent local precedent, if the complexity of the project requires additional review.

B.

Technical Staff Review shall ensure that the design and improvements for the construction of all new or expansion of existing uses permitted by zoning, comply with all applicable City guidelines, standards, codes, regulations and ordinances; are consistent with the City's General Plan and any applicable Specific or Redevelopment Plans; are not injurious to the public health, safety, and welfare; and are not detrimental to surrounding properties, use or improvements.

(Zoning Ord. dated 1/31/06, § 9126.01.)

The construction of all new, or expansion of existing, commercial, industrial and multiple family residential uses listed as "permitted uses" by zoning, shall be subject to Technical Staff Review procedures, except those listed below.

(Zoning Ord. dated 1/31/06, § 9126.02.)

17.104.030 - Projects exempt from technical staff review.

The following list of projects are exempt from Technical Staff Review:

A.

Construction of a single-family residence on a legal, existing lot of record.

B.

The first alteration or expansion of an existing permitted use which results in no more than a 25% or 750 square foot increase, whichever is less, in the floor area of the original permitted use. All subsequent expansion of the existing permitted use shall require Technical Staff Review.

C.

Interior or exterior remodeling such as partitions, plumbing and or electrical conveyances, HVAC systems, insulation, re-roofing, windows, doors, siding, or similar remodeling, which does not increase the floor area of the permitted use.

D.

Demolition and/or removal of individual structures, unless the Director considers the structures to be of historic value, or of architectural or cultural interest and significance to the community. Such a structure does not need to rise to the level of being a Historic Landmark, but needs to be considered a distinctive element of the community, and in some sense an asset to the common wealth of a neighborhood or of the municipality as a whole. In cases where a reasonable argument can be made for historic, architectural or cultural significance, the Director shall refer the demolition request to the Planning Commission, which shall hold a public hearing and based upon research and upon comments from the public, determine whether such actions as demolition delay, or preservation of the structure, or some sort of rehabilitation, may be in the best interests of the community.

E.

Construction and/or replacement of permitted accessory uses and/or structures, limited to satellite dishes, antennas, fences, walls, swimming pools, porches, balconies, cabanas, decks, patio covers, carports, signs or new face copy, landscaping, and similar features. Other regulations and restrictions onthese items elsewhere in the City's Zoning Ordinance shall still apply.

F.

Improvement of parking areas involving less than ten (10) parking spaces.

G.

Building permits not reviewed hereunder shall be subject to such other review as may be required by the Chief Building Official or by the Chief Building Official's designee.

(Zoning Ord. dated 1/31/06, § 9126.03.)

17.104.040 - Technical staff review committee.

A.

The Technical Staff Review Committee is an ad hoc committee and its members shall be appointed as needed by the Community Development Director. In addition to the Community Development Director, Committee members may include the Director of Public Works, the Chief of Police, the City Engineer, the Fire Chief, the Building Inspector, the County Health Inspector, and other staff as needed to adequately review the project.

B.

Any application required by this chapter shall be accompanied by copies of site plans, diagrams, photographs, materials and other information required by the Technical Staff Review Committee.

(Zoning Ord. dated 1/31/06, § 9126.04.)

17.104.050 - Technical staff review procedure.

A.

Each member of the Committee shall review the site plan and other permit application materials to determine if it complies with all of the City's codes, policies and practices under that department's authority. The reviewer shall provide a written recommendation to the Director outlining all of the items on the site plan which must be added, modified or deleted to comply with the City's codes.

B.

No later than thirty (30) days following the date of the complete Technical Staff Review Application, members of the Committee will review their respective department's recommendation concerning the site plan or other permit application with the applicant, at which time all concerns of all departments will be reviewed. The Committee may reject a site plan and direct that it be resubmitted on the basis that it is incomplete or out of compliance with the City Codes.

(Zoning Ord. dated 1/31/06, § 9126.05.)

In reviewing all applications submitted for Technical Staff Review, the Technical Staff Review Committee shall be governed by all applicable provisions of the Banning Municipal Code and the Banning Zoning Ordinance.

(Zoning Ord. dated 1/31/06, § 9126.06.)

Chapter 17.108 - TEMPORARY USE PERMITS

The Temporary Use Permit allows for short-term activities which may be appropriate when regulated.

(Zoning Ord. dated 1/31/06, § 9127.01.)

The following temporary use may be permitted, subject to the issuance of a Temporary Use Permit:

A.

On and off-site contractors' construction yards in conjunction with an approved development project, but these must be removed at the same time that the approved development project has been completed, or earlier if so directed by the Community Development Department or its Director.

B.

Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 365 days, or upon expiration of the building permit, whichever occurs first.

C.

Outdoor display and sales of merchandise on vacant lots, limited to 2 events per calendar year, not to exceed three consecutive days, unless the event is for a non-profit 501 C(3) organization, in which case no permit is required.

D.

Christmas tree sales lots. However, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1st through December 31st, subject to the Municipal Code.

E.

Circuses, rodeos and carnivals, subject to compliance with the Municipal Code.

F.

Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities.

G.

Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses.

H.

City sponsored uses and activities, not occupying a structure, and occurring at regular periodic intervals (weekly, monthly, yearly, etc.).

I.

Temporary farmers markets, and roadside fruit and vegetable stands for crops and other food products.

(Zoning Ord. dated 1/31/06, § 9127.02.)

(Ord. No. 1434, § 11, 2-8-11; Ord. No. 1552, § 11, 12, 1-28-20; Ord. No. 1554, § 3, 1-28-20)

17.108.030 - Application procedures.

A.

An application for approval of a temporary use permit is required, and shall be submitted to the Community Development Director pursuant to Chapter 17.48, Applications and Fees.

B.

A Temporary Use Permit may be approved, modified, conditioned, or denied by the Community Development Director. Decisions of the Community Development Director may be appealed to the Planning Commission, pursuant to Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9127.03.)

In approving an application for a Temporary Use Permit, the Community Development Director may impose conditions deemed necessary to ensure that the permit takes into account any pertinent factors affecting the operation of such temporary event, or use, which may include, but not be limited to, the following:

A.

Provision for a fixed period not to exceed 60 days, plus one 30 day extension, or for a shorter period of time as determined by the Community Development Director.

B.

Arrangements for temporary parking facilities, including vehicular ingress and egress.

C.

Regulation of nuisances such as the prevention of glare or direct illumination on adjacent properties, noise, vibration, crowding, smoke, dust, dirt, odors, gases, exhausts, heat, and various byproducts.

D.

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

E.

Provisions for sanitary, and/or medical aid facilities, if required.

F.

Provisions for solid, hazardous and toxic waste collection and disposal, including provisions for the removal of waste and debris from construction, renovation, and reclamation sites.

G.

Provisions for security and safety measures.

H.

Regulation of signs.

I.

Regulation of operating hours and days, including limitation of the duration of the temporary use.

J.

Submittal of performance bonds, indemnity bonds, and other surety devices, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, that

the property will be restored to it's former condition, and that the City will not be held liable for any actions or incidents arising from the temporary use, or related in any way to the temporary use.

K.

Any other conditions which will ensure the operation and/or phasing out of the proposed temporary use in a safe, orderly and efficient manner, and in accordance with the intent and purpose of this chapter.

(Zoning Ord. dated 1/31/06, § 9127.04.)

A temporary use permit may be revoked by, and at the discretion of the Director if:

A.

The use is not actively undertaken;

B.

The site is not being properly maintained;

C.

The use or the site becomes a nuisance, or is harmful to the neighbors or to the community; or

D.

If the use or the site is undermining the health, safety, quiet enjoyment, or welfare of nearby residents or others.

(Zoning Ord. dated 1/31/06, § 9127.05.)

17.108.060 - Condition of site following temporary use.

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used pursuant to the provisions of this Zoning Ordinance.

(Zoning Ord. dated 1/31/06, § 9127.06.)

17.108.070 - Reserved.

Editor's note— Ord. No. 1554, § 4, adopted Jan. 28, 2020, repealed § 17.108.070, which pertained to requirements and prohibitions for mobile vending and derived from Ord. No. 1434, § 12, adopted February 8, 2011.

Chapter 17.112 - VARIANCES

17.112.010 - Purpose.

These provisions shall ensure the following:

A.

Variances from this Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, unusual geological or geographical feature, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts;

B.

That the Variance shall not constitute a grant of special privileges(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated; and

C.

The power to grant Variances does not extend to use regulations. Flexibility in use regulations is provided in the Conditional Use provisions of this Ordinance.

(Zoning Ord. dated 1/31/06, § 9128.01.)

Application for a Variance shall be filed on a form provided by the City's Planning Department in a manner consistent with the requirements contained in Chapter 17.48, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9128.02.)

A.

The Planning Commission may grant a Variance from the requirements of this Zoning Ordinance for the following:

1.

The modification of the dimensional standards of the distance between structures, lot area, lot coverage, lot dimensions, setbacks, and structure heights.

B.

Nothing contained herein shall be construed as a grant of authority to waive any requirement of this Zoning Ordinance as it may apply to the subject property. The Planning Commission may approve a condition which modifies a prescribed standard only upon a finding that the proposed variance provides an equal or greater exchange as it relates to the environment, public health, safety and/or welfare as provided by requirements of the prescribed standard.

(Zoning Ord. dated 1/31/06, § 9128.03.)

Upon receipt of a complete Variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9128.04.)

The Commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

A.

That there are special circumstances applicable to the property, including size, shape, topography, geological or geographic conditions, in which the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification;

B.

That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought;

C.

That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located;

D.

That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties (not including non-conforming properties) in the vicinity and land use district in which such property is located;

E.

That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

F.

That granting the Variance will not be inconsistent with the General Plan.

(Zoning Ord. dated 1/31/06, § 9128.05.)

The granting of a prior Variance does not establish grounds for the granting of any new Variance.

(Zoning Ord. dated 1/31/06, § 9128.06.)

The burden of proof to establish the evidence in support of the findings, as required by this chapter, is solely the responsibility of the applicant.

(Zoning Ord. dated 1/31/06, § 9128.07.)

A Variance may be revoked or modified by the Planning Commission if any one (1) of the following findings can be made:

A.

That circumstances have changed so that one (1) or more of the findings contained in Section 17.112.050 can no longer be made;

B.

That one or more of the conditions of the Variance have not been met; or the grantee has not substantially exercised the rights granted by the Minor Exception;

C.

That the Variance was obtained by misinformation, misrepresentation or fraud;

D.

That the improvement authorized by the Variance has ceased or was suspended for six (6) or more consecutive calendar months;

E.

That the improvement authorized by the Variance is in violation of any statute, ordinance, law, or regulation; or

F.

That the improvement authorized by the Variance is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Zoning Ord. dated 1/31/06, § 9128.08.)

Chapter 17.116 - ZONING ORDINANCE AMENDMENTS

The City Council may amend the provisions of this Zoning Ordinance for the public health, environmental protection, safety, general welfare and the aesthetic harmony of the City.

(Zoning Ord. dated 1/31/06, § 9129.01.)

17.116.020 - Procedures, hearings and notice.

A.

Amendments may be proposed by the Director, by the City Attorney, by any member of the Planning Commission or City Council, and by any land owner or his/her agent.

B.

Upon receipt in proper form of a Zoning Ordinance Amendment application, or direction of the City Council, and following Community Development Department review, a hearing shall be set before the Planning Commission. Notice of the hearings shall be given pursuant to the requirements of Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9129.02.)

17.116.030 - Planning commission action on amendments.

A.

The Planning Commission shall make a written recommendation on the proposed amendment whether to approve, approve in modified form, or disapprove based upon their findings.

B.

Commission action recommending that the proposed Zoning Ordinance Amendment be approved, approved in modified form, or denied shall be considered by the City Council following the Planning Commission action. A copy of the Planning Commission's recommendation to approve, or approve in modified form, shall be forwarded to the City Council.

(Zoning Ord. dated 1/31/06, § 9129.03.)

Upon receipt of the Planning Commission's recommendation for approval, approval in modified form, or denial, the City Council may approve, approve with modifications, or disapprove the proposed amendment based upon its findings. Amendments to the Zoning Ordinance shall be adopted by ordinance.

(Zoning Ord. dated 1/31/06, § 9129.04.)

17.116.050 - Findings.

An amendment to this Zoning Ordinance may be adopted only if the following findings are made:

A.

The proposed Amendment is consistent with the goals and policies of the General Plan.

B.

The proposed Amendment is internally consistent with the Zoning Ordinance.

C.

That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

(Zoning Ord. dated 1/31/06, § 9129.05.)