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.)

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.)

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.)

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;

5.

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.)

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.)

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)

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.

6.

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)

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)

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)

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.

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.

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.

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.

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)

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)

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 hand-washing 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)

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)

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 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.

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)

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.

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. 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.

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)

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)

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)

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)

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)

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)

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)

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.

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.

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.

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.

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)

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)

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)

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 hand-washing 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)

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)

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.)

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)

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)

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)

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 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.

2.

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.

5.

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)

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,

3.

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.)

Approved Development Agreements shall be kept on file with the City Clerk.

(Zoning Ord. dated 1/31/06, § 9115.09.)

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)

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.)

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.)

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)

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)

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.)

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.)

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.)

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.)

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.)

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 non-conforming 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 non-conforming 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 non-conforming 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 non-conforming 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)

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)

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 well-planned 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.

4.

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.)

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.)

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.)

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)

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.)

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 multi-use 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.)

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.)

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.)

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.)

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)

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.)

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.)

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.

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.)

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.)

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.)

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.)

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.)