Banning Municipal Code Art. I Title

A. The city council finds that the ecosystems of the City of Banning ("city") and/or western Riverside County and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; these vegetation communities and natural areas contain habitat value which contributes to the region's environmental resources; and special protections for these vegetation communities and natural areas must be established to prevent future endangerment of the plant and animal species that are dependent upon them. This chapter will protect the city's and the region's biological resources, vegetation communities, and natural areas, and prevent their degradation and loss by guiding development outside of biological resource core areas, and by establishing mitigation standards which will be applied to development projects. Adoption and implementation of this chapter will enable the city to achieve the conservation goals set forth in the western Riverside County multiple species habitat conservation plan ("MSHCP"), to implement the associated implementing agreement executed by the city council on November 12, 2003, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA"), the California Natural Community Conservation Planning Act ("NCCP Act"), and other applicable laws.

B. The purpose and intent of this chapter is to maintain and restore biological diversity and the natural ecosystem processes which support this diversity, to protect vegetation communities and natural areas within the city and/or western Riverside County which support species covered under the MSHCP; to maintain a future of economic development within the city by providing a streamlined regulatory process from which development can proceed in an orderly process; and to protect the existing character of the city and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP.

(Code 1965, § 33-1.)

(Ord. No. 1551, § 10, 9-24-2019)

For the purposes of this chapter, the following terms shall have the meanings set forth herein:

"Area plan" means the sixteen areas designated for purposes of providing an organizational framework for the criteria area, and for purposes of developing specific design criteria that will be utilized in assembling land within the criteria area that will become a part of the MSHCP conservation area.

"City" means the City of Banning, California.

"City council" means the city council of the City of Banning, California.

"Criteria area" means the general area designated and denoted on the MSHCP plan map as the "criteria area," comprised of approximately three hundred ten thousand acres (approximately ninety acres of which are located in the City of Banning) from which new habitat conservation within the MSHCP conservation area will be assembled.

"MSHCP" means the western Riverside County multiple species habitat conservation plan.

"MSHCP plan map" means the map of the area encompassed by the MSHCP set forth in the ordinance codified in this chapter in the attached Exhibit 1.

"Ordinance" means chapter 15.72 of title 15, of this Code.

"Project" means any action or activity that is subject to the city's ministerial or discretionary approval, or any action or activity undertaken directly by the city, for the purpose of developing or improving real property, including, but not limited to, the following: the sale, purchase, or lease of city-owned property; the approval of a tentative subdivision map; the issuance of a license, permit, certificate, variance, or other entitlement for the development or improvement of real property, including the clearing of grading of real property (except for weed or fire hazard abatement); and the construction or improvement of streets, water, sewer, or other public facilities or public works.

(Code 1965, § 33-5.)

(Ord. No. 152, § 1, 5-22-18; Ord. No. 1551, §§ 10, 11, 9-24-2019)

Except as provided in section 15.72.040, this chapter shall apply to all land within the city shown on the MSHCP plan map, attached to the ordinance codified in this chapter as Exhibit 1. Upon application to the city for a development project, an applicant shall be required to comply with the procedures set forth in this chapter. Upon the city's initiation of a project that is subject to CEQA, the city shall be required to comply with the procedures set forth in this chapter. No project requiring a discretionary, or certain ministerial permits or approvals that could have adverse impacts to species covered under the MSHCP, shall be approved by the city, and no city-initiated public project shall be undertaken, unless the project is consistent with the MSHCP and this chapter.

(Code 1965, § 33-2.)

(Ord. No. 1551, §§ 10, 12, 9-24-2019)

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This chapter shall not apply to the following:

A. The adoption or amendment of the city's general plan;

B. The adoption or amendment of any land use or zoning ordinance;

C. Any project for which and to the extent that a vesting tentative map pursuant to the Subdivision Map Act, or a development agreement pursuant to Government Code Sections 65864 et. seq., approved or executed prior to adoption of this chapter, confers vested rights under the city's ordinances or state law to proceed with the project notwithstanding the enactment of this chapter. Projects subject to this exemption must comply with all provisions of any applicable state and federal law;

D. Any project for which the city council determines that application of this chapter would result in the property owner being deprived of all reasonable economic use of the property in violation of federal or state constitutional prohibitions against the taking of property without just compensation.

(Code 1965, § 33-3.)

(Ord. No. 1551, § 10, 9-24-2019)

A. The city shall implement the requirements for private and public project contributions to the MSHCP conservation area as set forth in MSHCP, by electing to comply with one of the following:

1. The city shall implement the property owner initiated habitat evaluation and acquisition negotiation process ("HANS"); or

2. Upon receipt of a completed application for a project that is subject to this chapter, or prior to the city's initiation of a project, the city shall determine whether all or a portion of the real property for the project is located within the boundaries of the criteria area. If the city determines that all or a portion of the real property for the project is located within the criteria area, then the city shall perform the following:

a. Determine the design criteria applicable to the project based on the particular USGS section, quadrant, and/or cell grouping in which the project property is located, as set forth in Section 3.2 of the MSHCP, and

b. Impose as a condition to the city's approval of the project such conditions as are necessary to ensure the project complies with and implements the design criteria applicable to the project.

B. The city shall implement the requirements for the protection of riparian/riverine areas and vernal pools as set forth in Section 6.1.2 of the MSHCP in the following manner:

1. As part of the CEQA review of the project, the property owner shall comply, or the city shall comply if the project is city-initiated, with the surveying, mapping, and documentation procedures set forth in Section 6.1.2 of the MSHCP for riparian/riverine areas and vernal pools on the project property; and

2. Based on the documentation prepared for the project, the city shall impose as a condition to the city's approval of the project such conditions as are necessary to ensure the project complies with and implements the policies for the protection of riparian/riverine areas and vernal pools set forth in Section 6.1.2 of the MSHCP.

C. The city shall implement the requirements for the protection of narrow endemic plan species set forth in Section 6.1.3 of the MSHCP in the following manner:

1. As part of the CEQA review of the project, the property owner shall comply, or the city shall comply if the project is city-initiated, with the site-specific focused survey procedures set forth in Section 6.1.3 of the MSHCP; and

2. Based on the site-specific focused surveys prepared for the project, the city shall impose as a condition to the city's approval of the project such conditions as are necessary to ensure the project complies with and implements the narrow endemic plant species policies set forth in Section 6.1.3 of the MSHCP.

D. The city shall impose as a condition to the city's approval of a project such conditions as are necessary to ensure the project complies with and implements the urban/wildlands interface guidelines set forth in Section 6.1.4 of the MSHCP.

E. The city shall impose as a condition to the city's approval of a project such conditions as are necessary to ensure surveys are prepared for the project as required by Section 6.3.2 of the MSHCP.

F. Pursuant to this section and the MSHCP, the city may transfer any property interest acquired or obtained in fee title or as a conservation easement to the western Riverside County regional conservation authority for management. The city may also grant a conservation easement to the California Department of Fish and Game for any property interest obtained pursuant to this section.

(Code 1965, § 33-4.)

(Ord. No. 1551, § 10, 9-24-2019)