Banning Municipal Code § 17.08.100 Accessory dwelling unit standards

The standards shown in the table below outline the minimum standards and parameters for characteristics such as front and rear setback; building lot coverage; parcel size; structure height; the maximum number of attached dwelling units; and other aspects of residential development. Specific Plans and Planned Unit Developments may vary from these standards, as allowed by this Zoning Ordinance and the provisions of state law.

Table 17.08.030

Residential Development Standards1

1 These standards can be superseded by standards in a Specific Plan, or by the standards provided for Planned Unit Development, under Section 17.08.170.

2 The provisions for hillside development and density transfers shall apply.

3 A single family home can be built on an existing legal lot in the R/A, R/A-H, RR, RR/H, VLDR, LDR or MDR zones, providing all single family residential development standards for that zone are met.

4 Minimum lot size net of public right-of-way dedication.

5 In the LDR Zone, if no suffix is shown on the map. If a suffix is shown on the map, that suffix indicates the minimum lot size.

6 A minimum of 30% of the net site area must be provided in common outdoor space. See multi-family development standards, Section 17.08.140.

7 Maximum height only permitted if Fire Department provides written verification that they can serve.

8 Up to 240 square feet of third car garage space is exempted from lot coverage and FAR for lots over 9,500 square feet.

9 Golf cart garages are exempted from the building coverage requirements in areas that are adjacent to a golf cart path.

10 All residentially zoned lots are eligible to apply for ministerial subdivisions under the provisions of Senate Bill 9, the California Housing Opportunity and More Efficiency (HOME) Act pursuant Government Code Section 66411.7.

[Figure]

(Zoning Ord. dated 1/31/06, § 9102.03(1); Ord. No. 1370, § 3.)

(Ord. No. 1404, § 3, 3-10-09; Ord. No. 1492, § 3.2, 1-12-16; Ord. No. 1496, § 3(2), 5-10-16; Ord. No. 1510, § 3(2), 9-11-17; Ord. No. 1600, § 4, 2-27-24)

In addition to development standards contained in other sections of this Ordinance, the following use-specific development standards shall apply to the City's residential districts:

Table 17.08.040

Use Specific Development Standards

(Zoning Ord. dated 1/31/06, § 9102.03(2).)

(Ord. No. 1509, § 3, 4-11-17; Ord. No. 1512, § 6, 10-10-17)

Accessory structures in residential zoning districts shall be compatible with the materials and architecture of the primary dwelling of the property. Accessory structures may only be constructed on a lot containing a main dwelling unit. Accessory structures may be built to within five feet of the interior side and rear property lines as long as these structures are not closer than ten feet to any other structure. This section applies to accessory structures that are not "accessory dwelling units" or "junior accessory dwelling units." Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be regulated solely under Section 17.08.100 and applicable provisions of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310). To the extent this section conflicts with State ADU/JADU law, State law controls.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(A).)

(Ord. No. 1439, § 3, 9-13-11; Ord. No. 1488, § 3.2.b., 6-9-15; Ord. No. 1510, § 3(2), 9-11-17; Ord. No. 1624, § 4, 7-14-26)

A. Day Care Homes for up to six (6) children are allowed in all residential zones.

B. Large day care homes taking care of 7 to 12 children may be located no closer than 500 feet in any direction from an existing large family day care home, measured from property line to property line, except that they may be located no closer than 250 feet measured from property line to property line from any existing large family day care home fronting on a different street.

C. Day Care Centers are those uses with more than twelve children, and are considered a specific land use regulated by the City's zoning code. These are permitted in certain residential districts, are a conditional use in other residential districts, and are prohibited in the remaining group of residential districts. In zones where Day Care Centers are permitted or can obtain a Conditional Use Permit, these centers shall adhere to the following standards:

1. The facility must conform to all property development standards of the land use district in which it is located.

2. Large facilities may not be located within 500 feet of another day care center.

3. An outdoor recreation area of 75 square feet per child is required. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in the front yard, or in the required side yards.

4. A six-foot high solid decorative fence or wall shall be constructed on all property lines with the exception of the front yard. No fences shall be allowed in the front yard. Materials, textures, colors and design of the fence or wall shall be compatible with on-site development and with adjacent properties. All fences or walls shall provide for safety with controlled points of entry. In cases where day care is located on a property larger than one acre, it is excessive to require as much fencing and walls as are indicated above, therefore, the this design standard may be adjusted by the Community Development Director with the approval of the Planning Commission.

5. Landscaping of the lot consistent with that prevailing in the neighborhood, or shall be of a higher quality, and must be installed and maintained pursuant to the Landscaping Standards shown in Chapter 17.32 of the City's Zoning Ordinances.

6. All on-site parking shall be provided pursuant to the provisions of Parking Standards shown in Chapter 17.28 of the City's Zoning Ordinances. On site vehicle turnaround or separate entrance and exit points, as well as adequate passenger loading spaces, must be provided.

7. All on site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the permitted use of the property.

8. All on-site signage shall comply with the provisions of the City's Zoning Ordinances.

9. The center shall contain a fire extinguisher and smoke detector devices and shall meet all standards established by the City Fire Marshall.

10. A center within a residential land use district may operate up to 14 hours a day.

D. Large day care homes taking care of 7 to 12 children (as opposed to Day Care Centers taking care of 13 or more children), may be located no closer than 500 feet in any direction from an existing large family day care home, measured from property line to property line, except that they may be located no closer than 250 feet measured from property line to property line from any existing large family day care home fronting on a different street.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(B).)

Refer to Chapter 15.60 of the Banning Municipal Code.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(C); Ord. No. 1461, § 2, 3-12-13.)

Pursuant to the policies of the General Plan, density transfers are permitted in the R/A/H and RR/H districts, based on the following provisions.

A. A property owner may apply the density allowed on a lot, or portion of a lot, designated R/A/H or RR/H which has slopes of 25% or more, to an adjacent lot, or to that portion of the same lot designated R/A or RR having less than 25% slope.

B. The density transfer shall only be allowed if that lot, or portion of a lot, from which the density is being taken is dedicated in perpetuity as natural open space, to an organization dedicated to that preservation, and approved by the City Council.

C. In no case shall a density transfer result in a total density of more than 150% of the density permitted on the buildable parcel.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(D).)

Golf courses are subject to Conditional Use Permit review, and shall be constructed to at least the following standards:

A. State of the art water conservation techniques shall be incorporated into the design and irrigation of the golf course. Likewise treated effluent shall be used for irrigation where available. Although the City does not have non-potable infrastructure, projects should include provisions for future connections to non-potable water.

B. Drainage and storm sewer facilities should be designed with sufficiently sized and properly located storm sewers, drainage ditches, and catch basins so that runoff from rainwater and irrigation water does not at any time flow onto a public road or right-of-way.

C. Perimeter walls or fences shall be built in an aesthetically pleasing way, which takes the view into account, while providing safety to the public along public rights-of-way.

D. Accessory facilities such as club houses, maintenance buildings, and other structures, shall be designed and located to ensure compatibility and harmony with the golf course setting.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(E).)

A. Purpose and Intent. This Section implements Chapter 13 of Division I of Title 7 of the Government Code (Government Code sections 66310-66342), as amended, and establishes objective, ministerial standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). This Section shall be interpreted to provide the maximum allowance required by State law.

B. Applicability. This Section applies to ADUs and JADUs on lots with proposed or existing residential development were permitted by State law, including single-family and multifamily contexts as applicable.

1. ADU/JADU permit review shall be ministerial and non-discretionary. No conditional use permit, variance, public hearing, or other discretionary entitlement shall be required unless expressly authorized by State law.

2. No local standard, policy, condition, deed restriction, or third-party approval requirement may be imposed if prohibited by State law.

C. The definitions in this Article are intended to supplement Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310). If a conflict exists between this Article and Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310), State law shall control. Local definitions shall be interpreted in a manner consistent with Chapter 13 of Division 1 of Title 7 of the Government Code and shall not be applied to reduce rights provided by State law. For purposes of this Article:

1. "Accessory dwelling unit" or ADU is an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and that is located on the same lot as a proposed or existing primary dwelling. An accessory dwelling unit shall not be considered to exceed the allowable density for the lot and shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot. An accessory dwelling unit may include an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

2. "Existing primary dwelling" is a legally permitted and existing primary dwelling unit on a lot, including a single-family or a multifamily dwelling.

3. "Junior Accessory Dwelling Unit" or JADU is a unit that is no more than five hundred square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

4. "Livable space" is a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

5. "Primary dwelling" is the principal proposed or existing residential dwelling on a lot and may consist of a single-family dwelling or a multifamily dwelling.

6. "Proposed dwelling" means the principal proposed or existing residential dwelling on a lot and may consist of a single-family dwelling or a multifamily dwelling.

7. "Proposed primary dwelling" is a proposed primary dwelling on a lot that is the subject of an active building permit application, or that has received building permit approval but has not yet received certificate of occupancy and may consist of a single-family dwelling or multifamily dwelling.

C. Types of Units Allowed.

1. Accessory Dwelling Units on Single-Family Lots. The following types of accessory dwelling units are authorized on a lot where allowed in compliance with Division II (Land Use Districts) of this Zoning Code.

a. Attached Unit. An accessory dwelling unit that structurally abuts and is attached to an existing or proposed primary dwelling. An attached unit may be constructed on the side, top, or below the existing or proposed primary dwelling.

2. Detached Unit. An accessory dwelling unit that is physically separated from the existing or proposed primary dwelling. A detached accessory dwelling unit shall be deemed the primary dwelling if its floor area exceeds that of the existing primary dwelling.

3. Converted Existing Structure or Space. An accessory dwelling unit that is created from an existing space within an existing or proposed primary dwelling (e.g., basement, attic, attached garage, storage area, or similar area) or an existing space of an accessory structure (e.g., detached garage, shed, storage structure, or other similar existing accessory structure) on the same lot as the primary dwelling. This may include an existing primary dwelling that is converted to an accessory dwelling unit when a larger primary dwelling is established, though the converted dwelling shall still be limited in size to 1,200 square feet.

4. Junior Accessory Dwelling Unit on a Single-Family Lot. A junior accessory dwelling unit contained entirely within the walls of an existing or proposed single-family residence.

5. Multifamily Accessory Dwelling Unit. An accessory dwelling unit that may be allowed on a lot zoned for multifamily residence and is either attached, detached, or located within the portions of an existing multifamily dwelling that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, garages).

D. Process and Review Procedures.

1. Ministerial Review. A permit for an accessory dwelling unit or junior accessory dwelling unit is considered and approved ministerially, without discretionary review or hearing, notwithstanding the need for a variance or special use permit.

2. Processing Times. Within fifteen (15) business days after receipt of an application to create or convert an accessory dwelling unit or junior accessory dwelling unit, the Department shall determine whether the application is complete and provide written notice of that determination. If the Department determines that an application is incomplete, the written notice shall include a list of the incomplete items, and a description of how the application can be made complete. After an applicant resubmits materials to cure incompleteness, the Department shall determine completeness within fifteen (15) business days. In reviewing the resubmittal, the Department shall not require any item that was not identified in the prior incompleteness notice. If the Department does not make a timely completeness determination under this subsection, the application or resubmitted application shall be deemed complete for purposes of this Section.

The Department shall approve or deny a complete application within sixty (60) days of receipt of the complete application when there is an existing single-family or multifamily dwelling on the lot. If an ADU or JADU application is submitted concurrently with an application for a new primary dwelling or new multifamily dwelling on the same lot, the Department may delay approving or denying the ADU or JADU application until action is taken on the primary dwelling or multifamily dwelling application; however, review of the ADU or JADU application shall remain ministerial and non-discretionary. If the Department does not approve or deny a complete application within the applicable time period, the application shall be deemed approved, except to the extent State law provides otherwise. If the Department denies an application, it shall provide a written denial within the applicable time period, including a full list of defective or deficient items and a description of how the application may be remedied. The City shall provide a written appeal process for completeness determinations and denials. A final written appeal decision shall be issued within sixty (60) business days after receipt of a written appeal.

a. Pre-Approved Plans. The Community Development Director or designee, in consultation with the Building Official, shall adopt and maintain a pre-approved building plan for a detached accessory dwelling unit consistent with the current triennial California Building Standards Code rulemaking cycle. The preapproved plan, along with the contact information of an applicant that obtained approval of an accessory dwelling unit using a pre-approved plan, shall be posted on the Department's website in accordance with Section 65852.27 of the Government Code.

i. An application for a detached accessory dwelling unit that utilizes a pre-approved plan adopted by the Community Development Director or designee within the current triennial California Building Standards Code rulemaking cycle, or a plan identical to a plan approved by the Community Development Director or designee within the current triennial California Building Standards Code rulemaking cycle, shall be ministerially approved or denied within thirty (30) days of the date the Department receives a complete application.

ii. An applicant shall pay the same permitting fees that the City charges an applicant seeking approval for the same-sized accessory dwelling unit when reviewing and approving the submission of a pre-approved accessory dwelling unit plan.

3. Nonconforming Conditions. The Department shall not require, as a condition of ministerial approval of an ADU or JADU permit, correction of nonconforming zoning conditions. The Department shall not deny an application due to correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU. Notwithstanding the foregoing, the Building Official may require correction of a condition, or deny the application, only upon a written determination, supported by substantial evidence in the record, that correction is necessary to comply with applicable health and safety standards, including but not limited to Health and Safety Code Section 17920.3, or that the condition is directly affected by the proposed ADU/JADU construction. Any such determination shall identify the specific code section(s), the condition creating the risk, and the minimum corrective action required.

4. Unpermitted Junior and Accessory Dwelling Units. The Department shall not deny a permit for an unpermitted ADU or JADU built on or before January 1, 2020, due solely to violations identified in Government Code Section 66311.7, subdivision (a). Notwithstanding the foregoing, the Department may deny the permit if it makes a finding that correction is necessary to comply with Health and Safety Code Section 17920.3. This subsection does not apply to a building deemed substandard pursuant to Health and Safety Code Section 17920.3. The City shall provide public information resources, including permit checklists and the City website, that include:

a. A checklist of conditions in Health and Safety Code Section 17920.3 that may deem a building substandard; and

b. Notice that a homeowner may obtain a confidential third-party code inspection from a licensed contractor before submitting a permit application.

The City shall not penalize an applicant for having such unpermitted unit and shall approve permits necessary to correct noncompliance with health and safety standards.

5. Legal Nonconforming Accessory Dwelling Unit. The expansion of a legal nonconforming structure or use associated with an accessory dwelling unit shall be subject to the provisions of Division II (Land Use Districts) and Section 17.88 (Non-Conforming Structures and Non-Conforming Uses) of this Zoning Code.

6. Sewer. Subject to objective health and safety standards and applicable State law, written confirmation from the sewer district having jurisdiction of the availability of sewer service for the accessory dwelling unit or junior accessory dwelling unit, or written approval from Environmental Health Services for use on an existing or new septic system, shall be obtained prior to the issuance of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit. Holding tanks shall not be permitted for an accessory dwelling unit or junior accessory dwelling unit.

7. Water. Subject to objective health and safety standards and applicable State law, written confirmation from the water district having jurisdiction of the availability of water service for the accessory dwelling unit or junior accessory dwelling unit, or written approval from Environmental Health Services for use of an existing or new well, shall be obtained prior to the issuance of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit.

8. Fire and Life Safety. Accessory dwelling units and junior accessory dwelling units shall comply with applicable State law and applicable fire and life-safety requirements of the California Building Standards Code, as adopted by the City, except as otherwise provided by Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310).

9. Site Drainage and Access. Accessory dwelling units and junior accessory dwelling units shall comply with applicable objective requirements of this Code and other applicable law relating to site drainage and safe access.

10. Garage Demolitions. Review and issuance of a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed and issued at the same time with the application for the creation of an accessory dwelling unit.

11. Flood Protection. An accessory dwelling unit or junior accessory dwelling unit located within a floodplain safety overlay shall comply with Chapter 82.14 (Floodplain Safety Overlay), including but not limited to elevating the lowest finished floor to the required elevation.

12. Local Building Code. Accessory dwelling units shall comply with applicable local building code requirements that apply to detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official makes a written finding, based on substantial evidence in the record, that the construction of the accessory dwelling unit would have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent the City from changing the occupancy code of a space that was uninhabitable or was permitted only for non-residential use and is subsequently converted to residential use, consistent with State law.

F. Rental Terms, Occupancy, and Ownership.

1. Rental Terms. An accessory dwelling unit and junior accessory dwelling unit may be rented separately from the primary dwelling or multifamily dwelling in all regions of the City, subject to the following criteria:

a. Except as provided by State law, an ADU may be rented separately from the primary dwelling. Any rental of a JADU, and any ADU approved pursuant to Government Code Section 66323, shall be for a term longer than thirty (30) days.

2. Occupancy. Owner occupancy shall not be required for an accessory dwelling unit. For a junior accessory dwelling unit, owner occupancy may be required only when the junior accessory dwelling unit shares sanitation facilities with the single-family residence in which it is permitted. The owner may reside in either the remaining portion of the single-family residence or the junior accessory dwelling unit. Owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is a governmental agency, land trust, or housing organization. A deed restriction shall be recorded with the County Recorder and shall run with the land for any junior accessory dwelling unit permit. The deed restriction shall include all of the following:

a. A prohibition on sale of the junior accessory dwelling unit separate from sale of the single-family residence, including a statement that the deed restriction is enforceable against future purchasers.

b. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this Article and Government Code Section 66333, as amended.

3. Separate Conveyance. Separate sale or conveyance of an ADU is prohibited except as authorized by Government Code Sections 66341 and 66342.

G. Development Standards (Objective Standards).

1. Except as otherwise provided in this Article, development standards for ADUs and JADUs shall comply with Table 17.08.100, this Section, and applicable State law.

2. Land Use Zoning District Regulations. ADUs and JADUs shall comply with the objective standards set forth in this Section. Underlying zoning district standards shall apply only to the extent they do not conflict with this Section or Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310). In the event of a conflict, the provisions of this Section and applicable State law shall control.

3. State-Mandated Minimum Development Envelope. Notwithstanding any other local development standard, the City shall not impose any limit on lot coverage, floor area ratio, open space, front setback, minimum lot size, size based on percentage of the primary dwelling, or other standard that would prohibit construction of an ADU with at least 800 square feet of interior livable space and side and rear setbacks of four feet, in compliance with otherwise applicable State-authorized standards.

Table 17.08.100 Accessory Dwelling Unit Development Standards

ADU Development Standards 1

Notes:

1 The standards set forth in this table shall not preclude the construction of an attached or detached ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3). Front setback, lot coverage, floor area ratio, open space, and similar development standards shall be applied in a manner consistent with State law.

2 The maximum unit number is a total aggregate maximum regardless of type of ADU.

3 Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

4 Calculated based on livable space. The minimum unit size shall not prohibit the development of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

5 A junior accessory dwelling unit shall be contained entirely within a single-family dwelling and shall comply with Government Code section 66313, subdivision (d), and other applicable State law.

6 If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling and at no time exceed 1,200 square feet.

7 A converted ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions of an existing accessory structure when limited to accommodating ingress and egress, as authorized by Government Code section 66323, subdivision (a)(1)(A). A JADU shall remain limited to no more than 500 square feet of interior livable space and shall not be enlarged in a manner that alters the definition of a JADU under Government Code section 66313, subdivision (d).

8 No side or rear setback shall be required for an existing living area, existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, consistent with Government Code section 66314, subdivision (d)(7). Front setback requirements shall not preclude the construction of an ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3). ADUs qualifying under Government Code section 66323 shall be subject only to setback requirements expressly authorized by State law.

9 Notwithstanding the 5-foot minimum separation shown in this table, no minimum separation beyond applicable California Building Code, Fire Code, or Wildland-Urban Interface Code requirements shall be imposed on an ADU qualifying under Government Code section 66323. In addition, local minimum distance requirements shall not be applied in a manner that precludes the construction of an ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3).

10 Nothing in this note shall be interpreted to prohibit any ADU form required to be allowed under Government Code Section 66321, as amended.

11 An additional two feet in height may be allowed, provided that the roof of the ADU matches the roof pitch of the proposed or existing primary dwelling.

12 The spaces may be provided as tandem parking on a driveway and parking in setbacks are allowed as provided by Government Code Section 66314.

13 Where the property is less than 0.50 acres and not connected to the city sewer system, with an existing primary dwelling, an Advanced Treatment System designed to accommodate each additional dwelling is subject to approval by Environmental Health Services for the additional dwelling.

H. Development Standards Exemptions. An accessory dwelling unit and a junior accessory dwelling unit are exempt from the following standards:

1. Fire Sprinklers. Fire sprinklers shall not be required for an accessory dwelling unit or junior accessory dwelling unit if they are not required for the primary dwelling. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

2. Utility Connections. ADUs and JADUs shall be treated in accordance with Government Code Section 66311.5 and applicable fee law. An ADU or JADU shall not be considered a new residential use for utility connection or capacity charge purposes unless the unit is constructed with a new single-family dwelling. No impact fee shall be imposed on an ADU of 750 square feet or less of interior livable space, or on a JADU. Impact fees for ADUs larger than 750 square feet shall be proportional to the square footage of the primary dwelling. For ADUs/JADUs described in Government Code Section 66323(a)(1), the City and other applicable providers shall not require a new or separate utility connection or impose related connection or capacity charges, except as authorized by State law. For ADUs not described in Government Code Section 66323(a)(1), a separate connection may be required only as authorized by State law, and any charge shall be proportionate and not exceed the reasonable cost of service.

3. Parking. Parking for ADUs and JADUs shall be regulated as follows:

a. Parking for an ADU shall not exceed one off-street parking space per ADU or per bedroom, whichever is less, and may be provided as tandem parking or in setbacks as authorized by Government Code Section 66314, as amended.

b. No parking shall be required for an ADU in any circumstance listed in Government Code Section 66322, as amended.

c. No replacement parking shall be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit.

d. No additional parking shall be required for a JADU.

4. Height Standards. (Gov. Code § 66321(b)(4))

a. Minimum heights permitted. The following minimum height allowances shall be permitted, as applicable:

1. Detached ADU (general): A height of at least sixteen (16) feet shall be permitted.

2. Detached ADU within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor: A height of at least eighteen (18) feet shall be permitted, plus up to an additional two (2) feet to accommodate a sloped roof pitch aligned with the primary dwelling.

3. Detached ADU on a lot with an existing or proposed multifamily, multistory dwelling: A height of at least eighteen (18) feet shall be permitted.

4. Attached ADU: A height of twenty-five (25) feet, or the height limit applicable to the primary dwelling in the underlying zone, whichever is lower; provided, however, that nothing in this section shall be interpreted to require allowance of an attached ADU exceeding two (2) stories.

b. Height determination. For purposes of this section, building height shall be measured as the vertical distance from the average existing grade at the perimeter of the ADU building footprint to the highest point of the roof.

1. Average existing grade means the average of the highest and lowest points of existing grade measured at the exterior walls around the perimeter of the ADU footprint, prior to construction.

2. Sloped roofs: Height is measured to the highest point of the roof (ridge).

3. Flat roofs: Height is measured to the highest point of the roof surface, including any parapet.

4. Roof pitch aligned (objective standard): "Aligned with the primary dwelling" means the ADU roof slope matches the primary dwelling roof slope (same rise-over-run), and the additional two (2) feet allowance applies only where a sloped roof is provided.

c. Conflicts. If another provision of Title 17 establishes a lower height limit that would conflict with the minimum allowances in this subsection, this subsection shall control for ADUs/JADUs to the extent required by State law.

5. By-Right Permitting Exemptions. Notwithstanding any other provision of this Code, and consistent with Government Code Section 66323, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination thereof:

a. One ADU and one JADU per lot with a proposed or existing single-family dwelling, where all requirements of Government Code Section 66323(a)(1) are met.

b. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, with side and rear setbacks of no more than four feet, subject to the limitations authorized by Government Code Section 66323(a)(2).

c. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, as provided in Government Code Section 66323(a)(3).

d. Detached ADUs on lots with an existing or proposed multifamily dwelling, in the amounts and subject to the standards provided in Government Code Section 66323(a)(4).

e. The City shall not impose objective standards not authorized by Government Code Section 66323 on units qualifying under this subsection.

I. Severability and Conflict with State Law. If any provision of this Section, or its application to any person or circumstance, is held invalid, the remainder of this Section shall not be affected and shall continue in full force and effect to the fullest extent permitted by law. This Section shall be interpreted and applied to provide the maximum allowances required by Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310), as amended. Any conflicting local provision shall be superseded and inoperative to the extent of the conflict.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(F).)

(Ord. No. 1414, § 3(exh. A), 1-26-10; Ord. No. 1512, § 6, 10-10-17; Ord. No. 1559, § 6, 3-24-20; Ord. No. 1624, § 5, 7-14-26)

Editor's note— Ord. No. 1512, § 6, adopted October 10, 2017, changed the title of § 17.08.100 from second unit standards, to read as herein set out.

A. For new single family homes, minimum livable area in square feet shall be one thousand two hundred square feet.

B. For apartments and multi-family units, the minimum livable area in square feet shall be:

(Zoning Ord. dated 1/31/06, § 9102.03(2)(G); Ord. No. 1510, § 3(2), 9-11-17)

Mobile homes shall be installed in the following manner:

A. Mobile or manufactured homes are subject to the permitting requirements of Chapter 17.44, Administration—General Provisions.

B. Mobile or manufactured homes may be used as single family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974.

C. Mobile or manufactured homes which are used as single family residences shall be installed on an approved permanent foundation system in compliance with applicable codes.

D. The Community Development Director shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall be based on an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, roof pitch and type, building height, accessory buildings, access, off-street parking, minimum square footage requirements, and any other criteria deemed appropriate by the Director.

E. All mobile and manufactured homes shall have a minimum eave dimension of one foot.

F. All siding shall be non-reflective and shall be installed from the ground up to the roof.

G. All roofs shall have a minimum pitch of 1:4.

H. All homes shall have a minimum width (across the narrowest dimension) of twenty feet.

I. All homes shall have a garage.

J. All homes shall be fully landscaped.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(H).)

Mobile home parks or mobile home subdivisions are subject to the following design standards:

A. Mobile home space minimum setbacks shall be measured from the edge of internal streets and space lines in the following way:

1. Minimum Front setback - six feet.

2. Minimum Side setback - ten feet on each side.

3. Minimum Rear setback - six feet.

B. Structural separation - a minimum of ten feet between dwelling units.

C. Maximum mobile home space coverage (mobile home and its accessory structure) shall be sixty-five percent.

D. Each mobile home shall be equipped with skirting to give the appearance of the mobile home being located on-grade.

E. All on-site utilities shall be installed underground.

F. The mobile home park shall be provided with parking as required by the Parking Section of the City's Zoning Ordinances (Chapter 17.28).

G. A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants and their invited guests. The area shall be provided in one common location with a minimum aggregate area of two hundred square feet of recreational space for each mobile home space.

H. All exterior boundaries of the mobile home park shall appear similar to conventional residential developments and shall be screened by a dec-orative wall, fence or other comparable device six feet in height, with a minimum six foot wide landscaped area provided along the inside of the perimeter screen.

I. Common open space shall be landscaped in accordance with a landscape plan approved by the review authority and in a manner consistent with the Landscaping Section of the City's Zoning Ordinances (Chapter 17.32).

J. All mobile home parks or mobile home subdivision developments shall provide recreational amenities within the site such as a: swimming pool; spa; clubhouse; tot lot with play equipment; court game facilities for tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Community Development Director and provided according to the following schedule:

(Zoning Ord. dated 1/31/06, § 9102.03(2)(H).)

Multi-family housing is permitted in the MDR, HDR and VHDR zones, and conditionally permitted in the LDR zone; and is subject to design review. Multi-family housing shall be constructed in the following manner:

A. All multi-family developments with more than ten units shall provide thirty percent useable open space for active and passive recreational uses. Useable open space areas may not include: rights-of-way; vehicle parking areas; areas adjacent to or between any structures less than fifteen feet apart; setbacks; detention basins or any use whose primary purpose is not intended for recreation; patio or private yards; or areas with a slope greater than eight percent.

B. Every dwelling unit shall have a patio or balcony not less than three hundred square feet in area or twenty-five percent of the dwelling unit size, whichever is less.

C. All multi-family developments shall provide recreational amenities within the site such as a: swimming pool; spa; clubhouse; tot lot with play equipment; court game facilities for tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the community development director and provided according to the following schedule:

D. Off-street parking spaces for multi-family residential developments shall be located within one hundred fifty feet from the front or rear door of the dwelling for which is parking space is designated.

E. Each dwelling unit shall be provided at least one hundred fifty cubic feet of private enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit.

F. Driveway approaches within multi-family developments of more than ten units shall be delineated with interlocking pavers, rough textured concrete, or stamped concrete and landscaped medians.

G. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the uniform building code shall be provided.

H. Every dwelling unit shall be plumbed and wired for a washing machine and a dryer.

I. For multi-family developments of over ten units, security and management plans shall be submitted for review and approval.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(J).)

(Ord. No. 1466, § 3(1), 8-13-13; Ord. No. 1496, § 3(2), 5-10-16)

Whether they were built before or after any portion of these design standards or zoning ordinance, additions, alterations and expansions to multi-family housing in excess of twenty-five percent of existing structures must comply with the standards of the multi-family district in which the project is located.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(K).)

Neighborhood-oriented retail stores of up to five thousand square feet are subject to Design Review, and shall be constructed and operated in the following manner:

A. The minimum site area shall be ten thousand square feet.

B. The site shall not have primary access on a local residential street.

C. One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the city engineer and the planning commission.

D. No convenience store shall be located less than one thousand feet from an existing school, as measured from one property line to another.

E. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

F. All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

G. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

H. Parking shall comply with the provisions of Chapter 17.28 (Off-Street Parking Standards), except that up to fifty percent of the parking may be provided on-street rather than on-site.

I. The premises shall be kept in a neat and orderly condition at all times. Failure to maintain the project site shall be considered grounds for code enforcement action consistent with the nuisance provisions of the Banning Municipal Code, Title 8.

J. All structures shall include a trash enclosure, constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use. Pedestrian access shall be provided.

K. A bicycle rack shall be installed in a convenient location visible form the inside of the store.

L. Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out service only.

M. On-site video games may not be installed or operated on the premises.

N. A six-foot high decorative masonry wall shall be required along the property line adjacent to any residential structure.

O. The location, style and number of newspaper stands shall be approved by the community development director.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(L).)

A planned unit development (PUD) generally provides amenities beyond those expected in conventional residential developments. PUDs can achieve greater flexibility in design; they can improve the quality of residential neighborhoods through good planning; and PUDs provide for appropriate use of land which is sufficiently unique in its physical characteristics, scenic beauty, or other circumstances to warrant special methods of development. PUDs can also provide mixed use development, including a mix of commercial and residential development consistent with Section 17.08.160.

The purpose of a PUD is to allow clustered residential subdivisions and small lot subdivisions in zoning districts that allow higher densities: VLDR, LDR, MDR, and HDR. PUDs are prohibited in other zones. PUDs are subject to Design Review. Single family dwellings in PUDs may be either attached or detached.

A. Density. The underlying residential land use district shall determine the maximum number of dwelling units allowed in a PUD. Where parcels span more than one zone, the maximum number of dwelling units shall be determined by adding together the allowable density for each zone. Density transfer through the PUD project area is permitted for the promotion of clustering units in those areas suited to development, thus preserving the green space and natural features of the site.

[Figure]

B. Lot Size and Site Coverage. PUDs may create lot sizes to accommodate the creation of attached singe family dwelling units or clustered subdivisions. Structures shall not occupy more than forty percent of the gross site area. Smaller lot sizes can be considered on a case-by-case basis; however, smaller lots must demonstrate unique lot orientations (e.g. clustering with open space) and must provide project amenities such as common open spaces (unencumbered by utility easements), parks, recreation facilities, etc.

C. Number of Attached Units and Height of Structures. The maximum average number of single family units attached in any manner to form a single structure is six. Attached single family structures shall not exceed three stories or forty-two feet. Detached single family structures shall not exceed two and one-half stories, or thirty-five feet.

D. Setbacks.

1. Structural Setbacks from the project perimeter boundary

2. The minimum dwelling unit side structural setback from other dwelling unit structures is fifteen feet, plus one additional foot for each fifteen feet of structure length.

E. Open Space.

1. All PUDs with twelve or more dwelling units shall provide at least thirty percent of the total property as useable open space for passive and active recreational uses. Useable open space shall not include:

a. Rights-of-way;

b. Vehicle parking areas;

c. Areas adjacent to or between any structures which are less than fifteen feet apart;

d. Setbacks;

e. Patios and private yards;

f. Or slope areas greater than eight percent.

2. Useable open space that is encumbered by an underlying utility easement can be included in the open space requirement, but shall not be included in the required park land dedication as required in Banning Municipal Code Chapter 15.68.

F. Amenities. All PUDs shall provide recreational amenities within the site such as a: swimming pool; spa; clubhouse; tot lot with play equipment; court game facilities for tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Community Development Director and provided according to the following schedule:

G. Private Streets. Private streets shall be permitted when there is a homeowner's association established to maintain them. Streets shall be built to standards and specifications no less than those for public works construction.

H. Covenants.

1. Lots and dwelling units within a PUD may not be sold unless a corporation, homeowner's association, assessment district or other approved appropriate legal entity has been legally formed with the right to assess all those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, landscaping or slope maintenance landscaping (which may be on private lots adjacent to street rights-of-way).

2. No lot or dwelling unit may be sold unless all approved and required open space, amenities, landscaping and other improvements have been completed, or if completion is assured by a bond or other financing guarantee method approved by the City Engineer and/or City Attorney.

I. Fire Code. All parts of any structures shall be within 150 feet of paved access for single story residences, and within 50 feet of paved access for multi-story residential units.

J. Additional Standards. In addition to the PUD development requirements, the following specific standards contained in the zoning ordinances shall apply, including but not limited to:

1. Day care facilities;

2. Guest houses;

3. Lighting;

4. Minimum room size;

5. Minimum dwelling size;

6. Mobile homes and manufactured housing;

7. Mobile home park subdivision;

8. Golf courses and related facilities;

9. Recreational vehicle storage.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(M).)

Senior group housing developments are subject to development standards contained in this section, as well as to the development permit review process. These shall be constructed in the following manner:

A. Public Transit.

1. Dial-a-ride transportation shuttles shall be provided, and the number of these shall be determined during the development permit review process. A bus turn-out and shelter on the on-site arterial frontage shall be dedicated if the senior citizen housing development is located on a bus route as determined by the director.

2. A minimum of one comfortable, well constructed benches shall be provided adjacent to shuttle bus stops. Paved areas for shuttle parking shall be adequate in size and condition, and shall be suitably striped.

B. Handicapped Accessibility. The primary pedestrian entrance to the development, to the common areas, and to the parking facility, and to each unit, shall be provided with legal, handicapped access. Indoor common areas and living units shall be handicap adaptable, and be provided with all necessary safety equipment such as safety bars, as well as with emergency signal intercom systems as determined by the Director.

C. Regulations.

1. Senior group housing including, but not limited to independent living, assisted living and congregate housing, shall conform with all local, state, and federal requirements. The senior group housing facility must conform to all standards of the underlying zoning district in all matters. This includes the number of dwelling units per development which is governed by the underlying zone and is specified earlier in this chapter. This also includes all landscaping and open requirements, as well as all other requirements.

2. Residential occupancy shall be limited to single persons over 60 years of age, and to married couples or domestic partners of which one spouse or partner is over 60 years of age.

D. Minimum Floor Area. The minimum floor for each residential unit is as follows:

E. Lighting. Sufficient internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, the light source shall not be visible, it shall be stationary, deflected away from adjacent properties and public rights of way to minimize overspill, and of an intensity appropriate for the residential neighborhood.

F. Laundry Facilities. Each residential unit shall be plumbed and wired for a washing machine and dryer. In addition, common laundry facilities of sufficient number and accessibility shall also be provided. The facilities shall have keyed access for tenants only.

G. Recreation and Entertainment Activities. Common recreation and entertainment activities shall be provide, and shall be of a scale consistent with the number of living units. The minimum size shall equal 100 square feet for each living unit.

H. Conveniences. The development may provide one or more of the following specific internal common facilities for the exclusive use of the residents:

1. Beauty and barber shops;

2. Central cooking and dining room;

3. Movie theatre, stage or auditorium;

4. Community garden;

5. Gym, exercise facility, massage room, or aerobics room;

6. Small scale drug store not to exceed 1,500 square feet;

7. Small scale variety store not to exceed 1,500 square feet.

I. Off Street Parking. Off street parking shall be provided in the following manner:

1. Independent Living: One parking space for each dwelling unit for the exclusive use of the independent living residents, plus one space for every five units for guest parking Congregate Care: Three spaces for every four dwelling units for employee and guest use for congregate care residents.

2. All off-street parking shall be located within 150 feet of the front door of the main entrance.

3. Design standards related to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional and other requirements shall be consistent with the standards outlined elsewhere in these Zoning Ordinances.

J. Fire and Safety. The project shall be designed to provide maximum security for residents, guests, and employees. For convenience and for fire safety, all parts of all structures shall be within 150 feet of paved access for single-story buildings, and within 50 feet of any multi-story buildings.

K. Trash Receptacles.

1. Trash receptacles shall be provided on the premises. Trash receptacles shall comply with the adopted Public Works Department Standards for Banning, and shall be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides by a solid wall six feet in height, and on the fourth side by a gate of not less than five feet in height.

2. The gate shall be maintained in good order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures. The receptacles shall be located within close proximity to the residential units which they are intended to serve.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(N).)

Whether they were built before or after any portion of these design standards or zoning ordinances, any additions, alterations and expansions of 25% or more to single family housing must comply with the most current version of the City's design standards for the district in which the home is located.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(O).)

Development proposed in the R/A/H and RR/H districts shall conform to the following standards.

A. All development proposals shall include a comprehensive slope analysis which includes all slopes over 5%, and separates lands with slopes of 5 to 25 percent, and slopes of 26 percent or more. The analysis shall include acreage calculations for each slope category, and any other information required by the Community Development Director.

B. Development on lands of 25% or less slope shall be permitted at the underlying density.

C. Development on lands of more than 25% slope is prohibited.

D. The provisions of Section 17.08.080, Density Transfers, shall apply.

E. Development proposed for plateaus shall include a 100 foot building setback from all ridgelines or edge of plateau. Development at the 100 foot setback shall be limited to single story or 22 feet.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(P).)

Any person who seeks to own, manage, or operate a boarding house, single room occupancy, a large residential care facility or a small, unlicensed residential care facility shall obtain a conditional use permit from the city. A boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility may only be allowed to operate with a conditional use permit in the zones indicated in Sections 17.08.020 and 17.12.020 of this zoning ordinance. No person shall own, manage, or operate a boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility without a valid conditional use permit.

A. Application for a Conditional Use Permit. In addition to the findings for a conditional use permit required by Section 17.52.050 of this zoning ordinance, no conditional use permit for a boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility shall be granted unless the following findings are made:

1. The fire chief and building official have determined that the premises complies with all applicable laws, ordinances and regulations.

2. All persons directly or indirectly interested in use as an owner, partner officer, manager, employee or other person to be in charge of the use have not been convicted of a felony or any crime of moral turpitude.

B. Operational Standards. The following standards shall apply to boarding houses, single room occupancies, large residential care facilities and small, unlicensed residential care facilities:

1. The use shall not result in adverse effects to the health, welfare, peace, or safety of persons in the surrounding area;

2. The use shall not jeopardize or endanger the public health, safety, or welfare of persons in the surrounding area;

3. The use shall not adversely affect the livability of the surrounding neighborhood as a result of inadequate maintenance, prohibited activities, and/or operating characteristics;

4. The use shall not result in nuisance activities, including, without limitation, disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, public urination, theft, assault, battery, vandalism, littering, loitering, illegal parking, loud noises, lewd conduct, or police detentions and/or arrests;

5. The use shall not result in violation of any applicable provision of any other city, state, or federal law;

6. The use shall not be located within three hundred feet, measured from the property lines, of any other boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility, or within three hundred feet of any elementary or secondary school, or any day care center. However, boarding houses and unlicensed residential care facilities shall not be located with one thousand feet, measured from the property lines, of any other boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility, or within one thousand feet of any elementary or secondary school, or any day care center;

7. The use shall comply with the parking requirements in Tables 17.28.040(A) through (C).

C. Revocation of Conditional Use Permit. Violations of any of the provisions of this section shall be grounds for revocation of the conditional use permit authorizing the use. Violation of any local, state or federal laws by individual boarder, tenant or occupant while on the premises of the boarding house, single room occupancy or residential care facility shall be grounds for revocation of the permit. The revocation procedures contained in Section 17.52.100 of this zoning ordinance shall be followed.

D. Nonconforming Uses. All boarding houses, single room occupancies, large residential care facilities and small, unlicensed residential care facilities existing illegally prior to the effective date of the ordinance creating this section shall be required to comply with the requirements of this section within six months of the effective date. All boarding houses, single room occupancies, large residential care facilities and small, unlicensed residential care facilities existing legally prior to the effective date of the ordinance creating this section shall comply with Chapter 17.88 of the zoning ordinance.

E. Reasonable Accommodation. Any person who seeks to operate a residential care facility in a zone where such use is not permitted, either by right or subject to conditional use permit pursuant to Sections 17.08.020 and 17.12.020 of this zoning ordinance, may request that the city allow the residential care facility to locate in such a zone as a reasonable accommodation under the federal Fair Housing Act by applying for a conditional use permit. The city shall grant the conditional use permit as a reasonable accommodation if it finds:

1. The request for a reasonable accommodation will not impose an undue burden or expense on the city; and

2. The proposed use will not create a fundamental alteration in the city's zoning scheme. The factors that shall be considered in making this determination include, but are not limited to, the following:

a. Whether the proposed use is in accord with the operational standards identified in subsection B of this section,

b. Whether the proposed location of the use is in accord with the requirements of the zone in which the site is located and complies with other relevant city regulations, policies, and guidelines,

c. Whether the proposed location of the use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or welfare, or to existing land uses, the operation of established sensitive land uses as defined in this chapter, the character of established neighborhood, or planned residential development in the vicinity,

d. Whether the proposed use is consistent with the General Plan,

e. Whether the type, intensity, sensitivity, and operating characteristics of the proposed use, and the manner in which it is located on its site, are compatible with existing land uses, the character of established neighborhoods, or planned residential development in the vicinity,

f. Whether the site is physically suitable for the type, sensitivity, and intensity of the use as proposed, including access, utilities and absence of physical constraints.

(Ord. No. 1392, § 5.)

Community Gardens are allowed in all zones, subject to the following regulations:

A. Consent of the property owner shall be required.

B. Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community garden; and must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. The operating rules along with a site plan of the Community Garden shall be kept on file with the Community Development Department and shall include the name and telephone number of the garden coordinator.

C. All plots shall be tended on a regular (minimum weekly) basis. Gardens shall be maintained in a weed-free condition and produce must be harvested and not allowed to go to seed.

D. Hours of Operation: Hours of operation shall be limited to daylight hours.

E. Permitted structures. Accessory structures, such as storage sheds for tools and other supplies or greenhouses, may be allowed in a community garden pursuant to meeting zoning setback requirements and shall not exceed ten percent of the garden site lot area or one hundred twenty square feet, whichever is less. Accessory structures shall be compatible with the neighborhood and shall be approved by the Community Development Director.

F. Parking. A minimum of two graveled parking spaces with approved access shall be provided on the lot when there is no on-street parking allowed adjacent to the community garden property.

G. Utilities. Proposed connection to public utilities shall require permits from the City and shall meet any required City of Banning Electric Utility and City of Banning Water Utility requirements.

H. Addressing. Addresses shall be assigned to vacant parcels for Community Gardens. The property address shall be identified using four-inch address numbers displayed in a visible location.

I. Fencing. Fences shall not exceed six feet in height, shall be subject to any setback requirements of the zones in which they are located, shall be at least fifty percent open if they are taller than four feet, and shall be constructed of wood, vinyl, or ornamental metal. Chain link shall be permitted for community gardens.

J. Drainage. The Community Garden Site shall be designed and maintained so that water and fertilizer do not drain onto adjacent property.

K. Water Use. Water efficient irrigation techniques such as drip irrigation and timers to control watering times are encouraged. All hoses shall be equipped with a trigger nozzle. Mulching of planted areas is encouraged to retain plant moisture.

L. Composting. Composting may be performed onsite within a composting container subject to all of the following:

1. Composted materials shall be only those materials generated onsite or contributed by active members of the community garden.

2. Composting containers shall be located a minimum of three feet from the property lines.

3. Odors and/or fly-breeding shall not be greater than customarily found at a well-maintained residence.

M. Organic Gardening. Organic gardening is strongly encouraged.

N. Trash/Recycling Receptacles. Trash and recycling receptacles shall be provided onsite for the proper disposal of refuse. The receptacles shall be screened from adjacent properties by six-foot high solid fencing. Refuse shall be removed from the site weekly so that the receptacle area and the lot are kept free from litter.

O. Personal Use Only. Food crops grown and harvested are for personal use only; commercial sale of produce is not permitted and the garden shall not be run as a profit-making venture.

P. Prohibited plants. Planting illegal or invasive plants shall be prohibited. Plants grown must be food crops for personal consumption. Planting and cultivation of marijuana shall be prohibited.

All other applicable codes and ordinances shall apply to Community Gardens, including but not limited to grading and noise ordinances. Applicable permits from other departments may be required.

(Ord. No. 1509, § 3, 4-11-17)

All uses are subject to the pertinent regulations of the Banning Zoning Ordinance, including, but not limited to the administrative procedures of the City and the Community Development Department.

(Zoning Ord. dated 1/31/06, § 9102.04.)