Banning Municipal Code Ch. 12.04 Street and Highway Comprehensive Plan

In order to conserve and promote the public health, safety and general welfare, a precise plan of streets and highways is hereby adopted, showing the locations and widths of a system of major traffic thoroughfares and other traffic ways and streets and the recommended treatment thereof.

(Code 1965, § 21-22.)

The city council hereby declares that it is its intention to develop a comprehensive precise plan incorporating the subjects enumerated in this chapter and that, for purposes of convenience and practical requirements and limitations, such comprehensive plan will be developed progressively by the addition from time to time, in the manner prescribed by law, detailed plans for certain streets or highways and that, when such detailed plans are prepared, processed and adopted as aforesaid, they shall become and be a part of the precise plan of streets and highways.

(Code 1965, § 21-23.)

The procedure for preparing and adopting additions to or amendments of any portion of the precise plan of streets and highways shall conform to the provisions of Title 7, chapter 1 of the Government Code of the state.

Additions to or amendments of the precise plan of streets and highways shall be adopted by ordinance in the manner prescribed by law. Each such ordinance so adding to or amending such precise plan shall be constituted an amendment. Such amendment shall contain, as a part thereof, a map of streets or highways project made the subject of such amendment, which map shall be the detailed map required by Section 12.04.040; provided, that for purposes of legal publications of suitable reduced scale map may be used. Each such amendment shall contain a proper title or designation identifying the project adopted by the amendment, together with a statement of the purpose and objective of each such project made the subject of such amendment.

(Code 1965, § 21-24.)

Each unit of the precise plan of streets and highways hereby adopted and hereafter added to or amended, shall be described by descriptive, title sufficient to identify the subject and location, and by a map. Such map, with appropriate notations shown thereon, shall set forth, in detail, all pertinent features necessary to assure compliance with and enforcement of the provisions and requirements of such precise plan, including location and width of each major traffic thoroughfare, other traffic way or street and the recommended treatment thereof.

(Code 1965, § 21-25.)

The planning commission shall be charged with the responsibility of preparing the precise plan of streets and highways and the required resolution and maps with respect thereto and shall prepare and maintain for public inspection a map of the city on which each part of the comprehensive precise plan shall be shown. The planning commission shall also prepare, or cause to be prepared, a detailed map of each project or unit of the precise plan and which map shall be of such scale as will permit the showing thereon of all dimensions and other data necessary to completely show the requirements imposed by the adoption of such plan. The city wide map showing the comprehensive plan of streets and highways or such portions thereof as may be adopted, shall show upon its face proper notations identifying the particular resolution of record and the corresponding detailed larger scale map pertaining to such portion of the comprehensive precise plan referred to by each such notation.

(Code 1965, § 21-26.)

* As to planning commission, see Chapter 2.28 of this Code.

Precise plans for streets and highways, when adopted by this chapter, shall, in each separate case, be consecutively numbered as an item under this section. Additional projects adopted by amendment shall be adopted by ordinance, the title of which shall be substantially as follows:

"AN ORDINANCE AMENDING SECTION 12.04.060 OF THE CODE OF THE CITY OF BANNING, ESTABLISHING PRECISE PLANS OF STREETS AND HIGHWAYS FOR THE CITY OF BANNING, PROVIDING PROCEDURES FOR THE ADDITION THERETO AND THE AMENDMENT THEREOF, PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF."

Such amendment shall identify by serial numbers the additional items which identifying serial numbers shall also constitute a part of the identification of the maps adopted as part of such amendatory ordinance.

(Code 1965, § 21-27.)

Each officer or employee of the city having the responsibility and authority for the issuance of licenses or permits, and any officer or official body having the responsibility or authority to pass upon plans or specifications for private or public projects, shall issue no such license or permit nor approve any project, plan, or specifications, the purpose of which does not conform to any feature of the precise plan adopted by this chapter.

(Code 1965, § 21-51.)

No person shall erect, construct, or establish any building, well, wall, signboard, or other improvement within the space between the street or highway line and any established building line setback or within the designated right-of-way of any thoroughfare proposed to be established or widened or straightened; provided, that no restriction shall apply to any form of agricultural or horticultural plantings or crops, or the maintaining of domestic animals and maintenance of fences.

(Code 1965, § 21-52.)

If buildings, utilities or other installations exist within reserved areas, as set forth in the preceding section on the effective date of this chapter or on the effective date of any plan subsequently adopted under the provisions of this chapter such nonconforming buildings, utilities or other installations may continue with reasonable maintenance but may not be enlarged or replaced except as provided in Section 12.04.100.

(Code 1965, § 21-53.)

If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter result through the strict and literal interpretations and enforcement thereof, as it applies to Section 12.04.090, the planning commission upon written application from the owner of property affected shall have authority, subject to the approval of the city council, to grant a variance from the provisions of this chapter as may be in harmony with its general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare served and substantial justice done; provided, that the granting of such variance shall be subject to the following:

A. A public hearing shall be held for the purpose of considering any such application.

B. Notice of such public hearing shall be given not less than ten days prior to the date of such public hearing. Such notice shall be by postal card and addressed to:

1. Division of Highways, California Department of Public Works.

2. City engineer.

3. Owners of all property within a radius of five hundred feet of the site of the building, utility or other installation involved in the application, using for the purpose, the name and address of the last known owners as shown on the records of the county assessor.

C. Within not to exceed forty days following such public hearing, the planning commission shall, by resolution, recite in full its findings upon which it bases its approval or disapproval of such variance.

D. A copy of such resolution containing the recommendations of the planning commission shall be mailed to the applicant, using therefor the address shown upon the written application. One copy of the resolution shall be delivered to the city council The city council may approve or disapprove the recommendation of the planning commission and its action shall be final.

(Code 1965, § 21-54.)