Agenda packet, regular meeting, third session — Banning City Council, February 13, 2024 (part 4 of 4)

Service Name Fee Description Current Fee Proposed Fee
Simultaneous Pluming Permit Fee
When included
with Building
Permit Fee
Trade Permit Fixture
Count Fees Below
10% of Building Plan
Review Fee if not
specified

STANDARD PLAN REVIEW AND PERMIT FEES
Accessibility Ramp Valuation $527.00
Accessory Structures-Residential
Aluminum Patio Cover (Standard Approved Plan) Fixed Valuation $208.00 Deck - Non-Standard - Plan Review 65% of Permit Fee $126.00 Deck - Non-Standard - Permit Fixed Valuation $312.00
Patio Cover - City Standard Fixed Valuation $312.00
Patio Cover - Non-Standard - Plan Review 65% of Permit Fee $126.00 Patio Cover - Non-Standard - Permit Fixed Valuation $312.00 Block Wall
Standard up to 6' Height <6' City Standard Valuation $178.00 Each Additional 100 LF over 50 LF Valuation $30.00
Non-Standard up to 6' Height <6' height - Plan Review 65% of Permit Fee $189.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Non-Standard up to 6' Height <6' height - Permit Valuation $268.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Non-Standard <50' and Greater than 6' height - Plan Review 65% of Permit Fee $252.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Non-Standard <50' and Greater than 6' height - Permit Valuation $447.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Retaining Wall
Standard up to 6' Height <6' City Standard - Plan Review 65% of Permit Fee $32.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Standard up to 6' Height <6' City Standard - Permit Valuation $446.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Non-Standard up to 6' Height <6' - Plan Review 65% of Permit Fee $252.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Non-Standard up to 6' Height <6' - Permit Valuation $447.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Non-Standard <50' and greater than 6' height - Plan Review 65% of Permit Fee $315.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $4.00 Non-Standard <50' and greater than 6' height - Permit Valuation $535.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Cellular Antenna/Pole
New - Plan Review 65% of Permit Fee $284.00
New - Permit Valuation $446.00
Modification - Plan Review 65% of Permit Fee $63.00
Modification - Permit Valuation $372.00
Construction Trailer - Plan Review 65% of Permit Fee $63.00 Construction Trailer - Permit Valuation $223.00
Demolition
Patio Cover or Room Fixed Fee $51.65 $178.00
Swimming Pool or Building Fixed Fee $51.65 $268.00
New Door/Window/Skylight - Residential - Plan Review 65% of Permit Fee $126.00 New Door/Window/Skylight - Residential - Permit Valuation $491.00 Drywall Repair - Up To 1,000 SF - Permit Valuation $312.00 Each Additional 1,000 SF - Permit Valuation $15.00
Flag Pole
Up To 25' - Plan Review 65% of Permit Fee $126.00
Up To 25' - Permit Valuation $357.00
Over 25' - Plan Review 65% of Permit Fee $189.00
Over 25' - Permit Valuation $491.00
Food Truck or Carnival Valuation $223.00
Hood & Duct - Plan Review 65% of Permit Fee $252.00
Hood & Duct - Permit Valuation $1,213.00
Model Home Complex with Sales Office Conversion - Plan Review 65% of Permit Fee $221.00 Model Home Complex with Sales Office Conversion - Permit Valuation $1,026.00 Parking Lot Restriping - 1-2 Accessible Stalls - Plan Review 65% of Permit Fee $63.00 Each Additional Stall over 2 - Plan Review 65% of Permit Fee $11.00 Parking Lot Restriping - 1-2 Accessible Stalls - Permit Valuation $178.00 Each Additional Stall over 2 - Permit Valuation $13.00
Re-Roof
Single Family Dwelling Valuation $208.00

Page 2 of 6 ends

Service Name Fee Description Current Fee Proposed Fee
Multi-Family/Commercial/Industrial - Up to 25,000 SQ or 250 Squares Valuation $268.00 Each Additional 25,000 SF or 250 Squares Valuation $44.00 Siding or Stucco Repair - Plan Review 65% of Permit Fee $63.00 Siding or Stucco Repair - Permit Valuation $447.00
Signs
Monument Sign - Plan Review 65% of Permit Fee $158.00
Monument Sign - Permit Valuation $446.00
Site Signage - Plan Review 65% of Permit Fee $252.00
Site Signage - Permit Valuation $579.00
Wall Sign - Plan Review 65% of Permit Fee $126.00
Wall Sign - Permit Valuation $178.00
Spray Booth - Plan Review 65% of Permit Fee $599.00
Spray Booth - Permit Valuation $535.00
Storage Rack - First 500 LF - Plan Review 65% of Permit Fee $126.00 Each Additional 500 LF - Plan Review 65% of Permit Fee $11.00 Storage Rack - First 500 LF - Permit Valuation $223.00
Each Additional 500 LF - Permit Valuation $29.00
Swimming Pool
Residential - Plan Review 65% of Permit Fee $95.00
Residential - Permit Valuation $535.00
Multi-Family/Commercial - Plan Review 65% of Permit Fee $378.00 Multi-Family/Commercial - Permit Valuation $1,606.00
Temporary Uses (e.g. Christmas Tree Lot/Pumpkin Lot/Similar Events) - Plan Review 65% of Permit Fee $126.00
Temporary Uses (e.g. Christmas Tree Lot/Pumpkin Lot/Similar Events) - Permit Valuation $312.00
Trash Enclosure - Plan Review 65% of Permit Fee $189.00 Trash Enclosure - Permit Valuation $579.00
Wall Addition
Interior Commercial - Plan Review 65% of Permit Fee $315.00 Interior Commercial - Permit Valuation $1,641.00
Interior Residential - Plan Review 65% of Permit Fee $252.00 Interior Residential - Permit Valuation $892.00
Window Changeout - Plan Review 65% of Permit Fee $63.00 Window Changeout - Permit Valuation $178.00
NEW CONSTRUCTION PERMIT FEES CALCULATED BY VALUE*:

VALUATION Base Fee Rate Per Unit
$0 to $1999 $190.00 $321.00
$2000-$20,000 $190.00 $21.08 per $1,000 $321.00 + $93 per $1,000 over $2k $20,001-$50,000 $580.00 $17.83 per $1,000 $1,995.00 + $18 per $1,000 over $20k $50,001-$75,000 $1,115.00 $11.68 per $1,000 $2,535.00 + $26 per $1,000 over $50k $75,001-$100,000 $1,407.00 $11.84 per $1,000 $3,185.00 + $32 per $1,000 over $75k 100,001 to 500,000 $1,703.00 $9.08 per $1,000 $3,985.00 + $5 per $1,000 over $100k $500,001 to $1,000,000 $5,333.00 $6.97 per $1,000 $5,985.00 + $5 per $1,000 over $500k $1,000,001 and up $8,018.00 $4.00 per $1,000 $8,485.00 + $5 per $1,000 over $1M NEW RESIDENTIAL HOMES, ADUs AND ROOM ADDITIONS PERMIT FEES SQUARE FEET Base Fee Rate Per Sq. Ft.
1-499 2367.41 $1,611.00
500-999 2367.41 $1,669.00 + $58 per 100 SF over 500 SF
1000-2499 2367.41 $1,959.00 + $12 per 100 SF over 1k SF 2500 and over 2367.41 $2,139.00 + $12 per 100 SF over 2.5K SF

ELECTRICAL PLAN REVIEW AND PERMITS
Electrical Permit Processing Fee - Residential Fixed Fee $161.13 $63.00 Minimum Electrical Permit Fee-Residential with fixture counts Fixed Fee $161.13 $156.00 Electrical Permit Processing Fee - Commercial Fixed Fee $161.13 $84.00 Minimum Electrical Permit Fee-Commercial with fixture counts Fixed Fee $161.13 $156.00 Processing fee simultaneously with other MEP permit Fixed Fee $161.13 $21.00 Electrical Only Plan Review Fee valuation
65% of Electrical
Permit Fee

ELECTRICAL FIXED FEES
Electrical Panel/Pedestal or Sub-Panel Max 200 amp Fixed Fee $211.00 $134.00 Electrical Meter Reset Permit no fee $134.00
EV Charger Plug-Residential Plan Review $132.00 $63.00
EV Charger Plug-Residential Permit $182.00 $223.00
EV Charging Station - Commercial Plan Review 60% of permit fee $189.00

Page 3 of 6 ends

Service Name Fee Description Current Fee Proposed Fee
EV Charging Station each additional charger at same location 60% of permit fee $10.00 EV Charging Station - Commercial Permit valuation $268.00 EV Charging Station each additional charger at same location valuation $14.00 Generator 10 KW or less Plan Review $264.00 $63.00
Generator 10 KW or less Permit $883.00 $178.00
Generator over 10 KW Plan Review $264.00 $95.00
Generator over 10 KW Permit $553.00 $223.00
Solar
Residential Roof Mounted Solar Less Than 15 KW Plan Review 175 $136.00 Each additional 15 KW 0 $7.50
Residential Roof Mounted Solar Less Than 15 KW Permit 275 $240.00 Each additional 15 KW 300+15 per kw $7.50
Commercial Roof Mounted Solar Less than 50 KW Plan Review 500 $222.00 Commercial Roof Mounted Solar 51-250 KW Plan Review each KW 500+$7/kw $3.50 Commercial Roof Mounted Solar 251+ KW Plan Review each KW 1200 $2.50 Commercial Roof Mounted Solar Less than 50 KW Permit 500 $772.00 Commercial Roof Mounted Solar 51-250 KW Permit each KW 500+$7/kw $3.50 Commercial Roof Mounted Solar 251+ KW Permit each KW 1200+$5/kw $2.50 Tract & Solar App - Residential Roof Mounted Solar Less Than 15 KW 450 $240.00 Each additional 15 KW 300+15 perkw $8.00
Residential Ground Mounted Solar Less Than 15 KW Plan Review 175 $204.00 Each additional 15 KW 0 $7.50
Residential Roof Mounted Solar Less Than 15 KW Permit 275 $385.00 Each additional 15 KW 300+15 per kw $7.50
Commercial Ground Mounted Solar Less than 50 KW Plan Review 500 $407.00 Commercial Ground Mounted Solar 51-250 KW Plan Review each KW 500+$7/kw $3.50 Commercial Ground Mounted Solar 251+ KW Plan Review each KW 1200 $2.50 Commercial Ground Mounted Solar Less than 50 KW Permit 500 $963.00 Commercial Ground Mounted Solar 51-250 KW Permit each KW 500+$7/kw $3.50 Commercial Ground Mounted Solar 251+ KW Permit each KW 1200+$5/kw $2.50 Battery Storage
1st Battery Plan Review $175.00 $95.00
Each Additional Battery $0.00 $ 32.00
1st Battery Permit $272.44 $357.00
Each Additional Battery $0.00 $44.00
Battery Storage with Solar Installation Plan Review
None, only pay solar
fee. $126.00
Battery Storage with Solar Installation Permit
None, only pay solar
fee. $44.00
Temporary Electrical Prior to Final $692.00 $223.00
Temporary Power Poles - Plan Review $63.00
Temporary Power Poles - Permit $522.00 $223.00
Each Span Pole Included above $14.00
ELECTRICAL FIXTURE COUNTS To be used only when flat or valuation fee is not applicable.

Receptacles, Switches, Fixtures and Outlets
Each receptacle, switch, fixture, or outlet, lights $3.10 $5.00 Residential Appliance-For fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens; countermounted cooking tops; electric ranges; self-contained room, console or through-wall air conditions; space heater; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding 1 horsepower (HP) Fixed Fee $15.49 $7.00 Non-Residential Appliance-For nonresidential appliances and selfcontained factory-wired, nonresidential appliances not exceeding 1 horsepower (HP), kilowatt (kW) or kilovolt-ampere (kVA) in rating, including medical and dental devices; food, beverage and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment. Fixed Fee $15.49 $7.00 Power Apparatus
Power Apparatus: Up To 1 HP, kW, Or kVA $15.49 $7.00
Power Apparatus: 1- 10 HP, kW, Or kVA $42.35 $24.00
Power Apparatus: 11 - 50 HP, kW, Or kVA $56.81 $36.00
Power Apparatus: 50 - 100 HP, kW, Or kVA $101.22 $71.00 Power Apparatus: > 100 HP, kW, Or kVA $101.22 $107.00
Busway and Trolley
Busway - Plug-In Type - Each 100 LF $0.00 $7.00
Trolley - Each 100 LF $0.00 $7.00

Page 4 of 6 ends

Service Name Fee Description Current Fee Proposed Fee
Signs, Outline Lighting and Marquees
For signs, outline lighting systems or marquees supplied from one branch circuit Valuation $36.00 For additional branch circuits within the same sign, outline lighting system or marquee Valuation $7.00
Services (Service Change)
Service Entrance - 600V or <200A Fixed Fee $56.81 $36.00 Service Entrance - 600V or <1000A Fixed Fee $83.66 $71.00 Service Entrance - 600V or >1000A Fixed Fee $138.41 $107.00 Temporary Power Service
Temporary Pedestal $42.35 $36.00
Temporary Distribution System $42.35 $12.00
Temporary Lighting $42.35 $12.00
Carnival or Circus
Generator $0.00 $24.00
Generator and Electrically Driven Ride $0.00 $24.00
Other Rides or Displays with Electrical Lighting $0.00 $7.00 System of Area and Booth Lighting $0.00 $7.00
Motors
Motor 1HP or Less Fixed Fee $15.49 $16.00
Motor 1HP < 10 HP Fixed Fee $42.35 $43.00
Motor 10HP <50 HP Fixed Fee $56.81 $58.00
Motor 50 HP <100 HP Fixed Fee $101.22 $102.00
Motor 100 HP and Up Fixed Fee $101.22 $102.00

PLUMBING PLAN REVIEW AND PERMITS
Plumbing Permit Processing Fee - Residential Fixed Fee $161.13 $63.00 Minimum Plumbing Permit Fee-Residential plus fixture counts Fixed Fee $161.13 $156.00 Plumbing Permit Processing Fee - Commercial Fixed Fee $161.13 $84.00 Minimum Plumbing Permit Fee-Commercial plus fixture counts Fixed Fee $161.13 $156.00 Processing fee simultaneously with other MEP permit Fixed Fee $161.13 $21.00 Plumbing Only Plan Review Fee Valuation
65% of Plumbing
Permit Fee

PLUMBING FIXED FEES
Gas Line - Plan Review Fixed Fee $132.00 $63.00
Gas Line - Permit $42.35 $208.00
Gas Re-Piping Valuation $208.00
Grease Interceptor - Plan Review Fixed Fee 65% of Permit Fee $105.00 Grease Interceptor - Permit Fixed Fee Valuation $384.00 Septic System - New or Replacement - Plan Review 65% of Permit Fee $126.00 Septic System - New or Replacement - Permit Valuation $491.00 Sewer Hook-up - Plan Review 65% of Permit Fee $63.00
Sewer Hook-up - Permit Valuation $268.00
Sewer Repair $197.00 $208.00
Temporary Gas Prior to Final $216.00 $223.00
Tub to Walk-in Shower - Plan Review Included below $63.00 Tub to Walk-in Shower - Permit $496.00 $357.00
Water Heater Fixed Fee $129.11 $89.00
Water Re-Piping Valuation $208.00
Water Heater - Tankless - Plan Review 65% of Permit Fee $63.00 Water Heater - Tankless - Permit Valuation $178.00
PLUMBING FIXTURE COUNTS To be used only when flat or valuation fee is not applicable.

Cesspool
For each private sewage disposal system, ex: septic tank Valuation $71.00 For each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps $141.50 $36.00 Fixtures and Vents
For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection thereof) $18.57 $12.00 For repair or alteration of drainage or vent piping $18.57 $5.00 Each Drain Piping, Drinking fountain, urinal, water piping, floor drain, washer (auto), laundry tray, kitchen sink, water closet, lavatory, shower, bat $18.59 h tub. $20.00 Gas Piping System
1-4 outlets - Per Outlet $42.35 $5.00
5 or More Outlets - Per Outlet $42.35 $3.00
House Sewer Fixed Fee $42.35 $45.00
Lawn Sprinkler, Vacuum Breaker, Backflow Protection Devices Lawn Sprinkler System on any one meter, including backflow protect Valuation $17.00 Each Backflow Protection Device 2 inches or smaller Valuation $17.00 Each Backflow Protection Device over 2 inches Valuation $36.00

Page 5 of 6 ends

Service Name Fee Description Current Fee Proposed Fee
Miscellaneous $26.86 $17.00
Lateral Connection Fixed Fee $141.51 $143.00
Leach System Fixed Fee $59.91 $65.00
Sewers, Disposal Systems and Interceptors
For each residential building sewer and each trailer park sewer Valuation $36.00 Rainwater systems - per drain (inside building) Valuation $12.00 Sewage Disposal Fixed Fee $101.22 $103.00
Water Piping and Water Heater
For installation, alteration, or repair of water piping or water-treating equipment, or both $18.59 $5.00
For each water heater including vent $18.59 $17.00

MECHANICAL PLAN REVIEW AND PERMIT FEES
Mechanical Permit Processing Fee - Residential Fixed Fee $161.13 $63.00 Minimum Mechanical Permit Fee-Residential plus fixture counts Fixed Fee $161.13 $156.00 Mechanical Permit Processing Fee - Commercial Fixed Fee $161.13 $84.00 Minimum Mechanical Permit Fee-Commercial plus fixture counts Fixed Fee $161.13 $156.00 Processing fee simultaneously with other MEP permit Fixed Fee $161.13 $21.00 Mechanical Only Plan Review Fee Valuation
65% of Mechanical
Permit Fee

MECHANICAL FIXED PERMIT FEES
Furnace - Floor Fixed Fee $42.35 $89.00
Wall Heater Fixed Fee $42.35 $268.00
Fireplace Fixed Fee $28.92 $104.00
HVAC Change-Out - Commercial - First Unit $154.94 $223.00 HVAC Change-Out - Commercial - Each Additional Unit $0.00 $45.00 HVAC Change-Out - Residential $154.94 $134.00
MECHANICAL FIXTURE COUNTS To be used only when flat or valuation fee is not applicable.

Air Handling Unit
Up to 10,000 CFM Fixed Fee $28.92 $12.00
Over 10,000 CFM Fixed Fee $28.92 $24.00
Appliance Vent Fixed Fee $28.92 $7.00
For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit.

Boiler, Compressor, Absorption System
Up to 3 HP/100,000 btu/h $0.00 $17.00
Over 3 HP/ 100,000 btu/h $0.00 $29.00
Ductwork Fixed Fee $42.35 $43.00
Evaporative Cooler $0.00 $12.00
Forced Heating System Fixed Fee $42.35 $43.00
Furnace
Up to 100,000 btu/h $42.35 $17.00
Over 100,000 btu/h $42.35 $24.00
For the installation or relocation of each floor furnace, including vent. $42.35 $17.00 For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater. $42.35 $17.00
Misc. Equipment Fixed Fee $28.92 $12.00
Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code. Valuation $17.00
Ventilation and Exhaust
For each ventilation fan connected to a single duct Each $15.49 $7.00 For each ventilation system which is not a portion of any heating or airconditioning system authorized by a permit Each $15.49 $12.00 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood. $15.49 $12.00

Page 6 of 6 ends

THIS PAGE

INTENTIONALLY BLANK
1588
APPENDIX D – FIRE PREVENTION FEE DETAIL

419
1589
Appendix D - Fire Prevention Fee Detail
23456789
1011121314151617181920212223242526272829303132333435363738

A B C D E F G H I J K L M N O P Q R S

Square Footage:
0 - 2,000 sq. ft. [5] 1.25 + 1.25 = 2.50 x $149.97 = $374.94 $188.00 $187.472,001 - 5,000 sq. ft. [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.955,001 - 10,000 sq. ft. [5] 2.75 + 2.75 = 5.50 x $149.97 = $824.86 $413.00 $412.4310,001 - 25,000 sq. ft. [5] 3.50 + 3.50 = 7.00 x $149.97 = $1,049.82 $524.91 $524.9125,001 - 50,000 sq. ft. [5] 4.25 + 4.25 = 8.50 x $149.97 = $1,274.78 $638.00 $637.3950,001 or > to be charged by a sq. ft. multiplier [5] 5.00 + 5.00 = 10.00 x $149.97 = $1,499.74 $749.87 $749.87 Shell Buildings for all Commercial Uses - (The enclosure for all newly constructed or added space for non-residential occupancies classified as CBC Group A, B, E, F, I, M, S, or other commercial occupancies not specifically addressed elsewhere in this Fee Schedule where the interior is not completed or occupiable) Square Footage:
0 - 2,000 sq. ft. [5] 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.972,001 - 5,000 sq. ft. [5] 1.25 + 1.25 = 2.50 x $149.97 = $374.94 $188.00 $187.475,001 - 10,000 sq. ft. [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.9610,001 - 25,000 sq. ft. [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.9525,001 - 50,000 sq. ft. [5] 2.50 + 2.50 = 5.00 x $149.97 = $749.87 $374.94 $374.9450,001 or > to be charged by a sq. ft. multiplier [5] 3.00 + 3.00 = 6.00 x $149.97 = $899.84 $449.92 $449.92 Tenant Improvement - (Remodeled space for non-residential occupancies classified as CBC Group A, B, E, F, I, M, R, S, or other commercial occupancies not specifically addressed elsewhere.) Square Footage: [5]
0 - 2,000 sq. ft. [5] 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.972,001 - 5,000 sq. ft. [5] 1.25 + 1.25 = 2.50 x $149.97 = $374.94 $188.00 $187.475,001 - 10,000 sq. ft. [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.9610,001 - 25,000 sq. ft. [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.9525,001 - 50,000 sq. ft. [5] 2.50 + 2.50 = 5.00 x $149.97 = $749.87 $374.94 $374.9450,001 or > to be charged by a sq. ft. multiplier [5] 3.00 + 3.00 = 6.00 x $149.97 = $899.84 $449.92 $449.92 420
1590
Appendix D - Fire Prevention Fee Detail
234

A B C D E F G H I J K L M N O P Q R S

Square Footage:
0 - 2,000 sq. ft. [5] 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.972,001 - 5,000 sq. ft. [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.965,001 - 10,000 sq. ft. [5] 2.25 + 2.25 = 4.50 x $149.97 = $674.88 $338.00 $337.4410,001 - 25,000 sq. ft. [5] 3.00 + 3.00 = 6.00 x $149.97 = $899.84 $449.92 $449.9225,001 - 50,000 sq. ft. [5] 3.75 + 3.75 = 7.50 x $149.97 = $1,124.81 $563.00 $562.4050,001 or > to be charged by a sq. ft. multiplier [5] 4.50 + 4.50 = 9.00 x $149.97 = $1,349.77 $674.88 $674.88 $0.00 $0.00
Fuel Modification Plan 2.00 + 1.00 = 3.00 x $149.97 = $449.92 $299.95 $149.97Alternate methods and materials (4 hrs. min.) 4.00 + 0.00 = 4.00 x $149.97 = $599.90 $599.90 $0.003rd review and subsequent submittals (per hour) 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Work without Permit 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.97Misc./Over the Counter/ Revisions 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Construction Reinspection Fee 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97 TOTAL: NEW CONSTRUCTION, ADDITIONS, AND MAJOR REMODELS
Fire Sprinklers
New 13, 13R Fire Sprinkler System (base fee) [5,9] 3.50 + = 3.50 x $149.97 = $524.91 $524.91 $0.00 $518.52New 13, 13R Fire Sprinkler System (per sprinkler head) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50 $326.40New 13D Fire Sprinkler System (base fee) [5,9] 1.50 + = 1.50 x $149.97 = $224.96 $224.96 $0.00New 13D Fire Sprinkler System (per sprinkler head) (each separate plan type) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50TI 13, 13R Fire Sprinkler System (base fee) [5,9] 2.50 + = 2.50 x $149.97 = $374.94 $374.94 $0.00TI 13, 13R Fire Sprinkler System (per sprinkler head) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50TI 13D Fire Sprinkler System (base fee) [5,9] 1.25 + = 1.25 x $149.97 = $187.47 $187.47 $0.00TI 13D Fire Sprinkler System (per sprinkler head) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50 $0.00 $0.00
Alarms $0.00 $0.00
New Fire Alarm System (base fee) [5,9] 3.50 + = 3.50 x $149.97 = $524.91 $524.91 $0.00New Fire Alarm System (per initiating or notification device) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50TI Fire Alarm System (base fee) [5,9] 2.50 + = 2.50 x $149.97 = $374.94 $374.94 $0.00TI Fire Alarm System (per initiating or notification device) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50Monitoring Only 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.97 Water Systems $0.00 $0.00
Underground (per connection) [5,6,8] 1.50 + 2.00 = 3.50 x $149.97 = $524.91 $224.96 $299.95Fire Pump [5] 3.00 + 2.50 = 5.50 x $149.97 = $824.86 $449.92 $374.94Aboveground Temporary Tank 1.50 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.96Emergency Underground Repair 1.50 3.00 = 4.50 x $149.97 = $674.88 $224.96 $449.92Standpipes/Hose valves 1.50 2.00 = 3.50 x $149.97 = $524.91 $224.96 $299.95 421
1591
Appendix D - Fire Prevention Fee Detail
234

A B C D E F G H I J K L M N O P Q R S

ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
8081828384858687888990919293949596979899
100101102103104105106107108109110111112113114115116117118119120121122 Other Systems
Special Extinguishing System (e.g. FM-200, Halon, Dry Chem, Spray mist, inert gases) [5] 2.75 + 1.50 = 4.25 x $149.97 = $637.39 $412.43 $224.96Hood and Duct Extinguishing System [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.96Special Equipment (Oven, Dust, and Battery, etc.) [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.95Solar Photovoltaic Systems (Residential) [5,12] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Solar Photovoltaic Systems (Commercial) [5,12] 2.00 + 1.00 = 3.00 x $149.97 = $449.92 $299.95 $149.97Refrigeration System < 500 lb. [5] 3.00 + 1.50 = 4.50 x $149.97 = $674.88 $449.92 $224.96Refrigeration System ≥ 500 lb. [5,10] 5.00 + 3.00 = 8.00 x $149.97 = $1,199.79 $749.87 $449.92Spray Booth [5] 1.50 + 1.00 = 2.50 x $149.97 = $374.94 $224.96 $149.97Gas Systems (Med Gas, Industrial Gas, LPG) [5] 3.00 + 2.00 = 5.00 x $149.97 = $749.87 $449.92 $299.95Emergency Responder Radio Coverage [5] 4.00 + 4.00 = 8.00 x $149.97 = $1,199.79 $599.90 $599.90Generator/ Cell Site [5] 1.00 1.50 = 2.50 x $149.97 = $374.94 $149.97 $224.96 $0.00 $0.00
Haz-Mat
Chem Class < 10 Chemicals [5] 1.50 + 1.00 = 2.50 x $149.97 = $374.94 $224.96 $149.97Chem Class 10 - 25 Chemicals [5] 2.50 + 1.50 = 4.00 x $149.97 = $599.90 $374.94 $224.96Chem Class 26 - 100 Chemicals [5] 4.00 + 2.50 = 6.50 x $149.97 = $974.83 $599.90 $374.94Chem Class ≥100 Chemicals [5] 5.50 + 3.50 = 9.00 x $149.97 = $1,349.77 $824.86 $524.91 High Pile Storage
High Pile Storage up to 12,000 sq. ft. [5,9] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.95High Pile Storage 12,001 - 50,000 sq. ft. [5,9] 4.00 + 4.00 = 8.00 x $149.97 = $1,199.79 $599.90 $599.90High Pile Storage 50,001 - 100,000 sq. ft. [5,9] 6.00 + 6.00 = 12.00 x $149.97 = $1,799.69 $899.84 $899.84High Pile Storage > 100,000 sq. ft. [5,9] 8.00 + 8.00 = 16.00 x $149.97 = $2,399.58 $1,199.79 $1,199.79 Access and Water Supply
Access and Water Supply only [5] 1.00 + 2.00 = 3.00 x $149.97 = $449.92 $149.97 $299.95 Tanks
Underground Storage Tanks (per tank) 2.25 0.75 = 3.00 x $149.97 = $449.92 $338.00 $112.48Aboveground Storage Tanks (per tank) 2.25 0.75 = 3.00 x $149.97 = $449.92 $338.00 $112.48Alterations to gas stations (no tank alterations) 1.50 1.00 = 2.50 x $149.97 = $374.94 $224.96 $149.97 Smoke Control
Smoke Control - Rationale Analysis and Plan Review 7.00 + 6.00 = 13.00 x $149.97 = $1,949.66 $1,049.82 $899.84 $0.00 $0.00

ANNUAL FIRE CODE PERMITS (CFC OPERATIONAL PERMITS)
Aerosol Products Level 2 & 3 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Open Flame and/ or Candles in Assembly Occupancies 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Carnivals and Fairs 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92Cellulose Nitrate 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Combustible Fibers 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97 422
1592
Appendix D - Fire Prevention Fee Detail
234

A B C D E F G H I J K L M N O P Q R S

ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165 Combustible Materials 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Compressed Gases 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Cryogenic Fluids 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Dispensing of Flammable/Combustible liquids into a vehicle 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Dry Cleaning Plants 1-2 units 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99> 2 units 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96 Combustible Dust Producing & Operations 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Covered and Uncovered Mall Buildings 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Explosives 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Fire Standby (per hour) 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Storage of Fireworks 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Fireworks Display 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84Flammable/Combustible Liquids Inside ≥60 Gal. 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Flammable/Combustible Liquids Inside <60 Gal. 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Flammable/Combustible Liquid Outside/Aboveground tank (per tank) 0.00 + 0.75 = 0.75 x $149.97 = $112.48 $0.00 $112.48Flammable/Combustible Liquid Underground Tanks (per tank) 0.00 + 0.75 = 0.75 x $149.97 = $112.48 $0.00 $112.48Hazardous Materials 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97High-Piled Combustible Stock <12,000 sq. ft. 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.9712,000 - 100,000 sq. ft. 0.00 + 2.50 = 2.50 x $149.97 = $374.94 $0.00 $374.94>100,000 sq. ft. 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90 Hydrant/Control Valve Flow Test 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Industrial Ovens/Drying 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Liquefied Petroleum Gases 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Liquid or Gas Filled Vehicles in Assemblies 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Miscellaneous Combustible Storage 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Motor Vehicle Repair 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Outside Storage of Tires 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Places of Assembly 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Pyrotechnical Special Effects 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90Spray Booths/ DippingOperations 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Special Event w/ tents and/or canopies >400 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Special Event without tents and/or canopies 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Welding and Cutting 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Special Amusement Buildings 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96 Hazardous Production Materials 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Lumber yards and woodworking plants 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Magnesium 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Refrigeration Equipment <500 lbs. 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97≥500 lbs. 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95 423
1593
Appendix D - Fire Prevention Fee Detail
234

A B C D E F G H I J K L M N O P Q R S

FIRE AND LIFE SAFETY INSPECTIONS
A-1 occupancies: Assembly uses, usually with fixed seating, intended for the production and viewing of performing arts or motion pictures <20,000 sq. ft.

0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96
A-1 occupancies: Assembly uses, usually with fixed seating, intended for the production and viewing of performing arts or motion pictures ≥20,000 sq. ft.

0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92
A-2 occupancies: Assembly uses intended for food and/or drink consumption with occupant load of 50-150 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97A-2 occupancies: Assembly uses intended for food and/or drink consumption with occupant load of more than 151 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96A-3 occupancies: Assembly uses intended for worship, recreation or amusement and other assembly occupancies not classified as A1,A-2,A-4, and A-5 occupancies <20,000 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96A-3 occupancies: Assembly uses intended for worship, recreation or amusement and other assembly occupancies not classified as A1,A-2,A-4, and A-5 occupancies ≥20,000 sq. ft. 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92A-4 occupancies: Assembly uses intended for viewing of indoor sporting events and activities with spectator seating <20,000 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96A-4 occupancies: Assembly uses intended for viewing of indoor sporting events and activities with spectator seating ≥20,000 sq. ft. 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92A-5 occupancies: Assembly uses intended for participation in or viewing outdoor activities 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96E Occupancy < 10,000 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96≥ 10,000 sq. ft. 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90 B,F,M or S Occupancies < 3,600 Square Feet 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97B,F,M or S Occupancies 3,601 - 50,000 Square Feet 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95B,F,M or S Occupancies 50,001 - 350,000 sq. ft. 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92B,F,M or S Occupancies > 350,000 sq. ft. 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84H Occupancy 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92High-Rise 75' or more 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84R-1 Occupancy (i.e. hotels, motels) <25 units 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.9226-50 units 0.00 + 3.75 = 3.75 x $149.97 = $562.40 $0.00 $562.4051-75 units 0.00 + 4.50 = 4.50 x $149.97 = $674.88 $0.00 $674.8876-100 units 0.00 + 5.25 = 5.25 x $149.97 = $787.36 $0.00 $787.36>100 units 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84 R-2 Occupancy (i.e. Res Permanent 3+) per unit 0.00 + 0.25 = 0.25 x $149.97 = $37.49 $0.00 $37.49Care Facility Residential State Licensed - 6 or less Pre-inspection fee 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Care Facility Commercial 0-50 State Licensed 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95 424
1594
Appendix D - Fire Prevention Fee Detail
234

A B C D E F G H I J K L M N O P Q R S

ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229 Care Facility Commercial 51-99 State Licensed 0.00 + 2.50 = 2.50 x $149.97 = $374.94 $0.00 $374.94Care Facility Commercial 100-150 State Licensed 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92Care Facility Commercial ≥ 151 State Licensed 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90Day Care Facilities Residential 8-14 fire clearance 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Day Care Facilities Commercial 0-50 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Day Care Facilities Commercial 51-100 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Day Care Facilities Commercial 101-150 0.00 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Day Care Facilities Commercial >150 0.00 2.50 = 2.50 x $149.97 = $374.94 $0.00 $374.942nd Re-Inspection (after initial and first re-inspection) 0.00 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.972nd Re-Inspection Penalty (Penalty of $150 + reinspection fee $150 = $300) [3] $0.00 $300.003rd + Re-inspection Penalty (Penalty of $250 + reinspection fee $150 = $400) [3] $0.00 $400.00 Vegetation
Hazard Reduction Inspection, per inspection [2] 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Hazard Reduction Abatement Administrative Fee 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Hazard Reduction Abatement Cost Recovery 0.00 + 0.25 = 0.25 x $149.97 = $37.49 $0.00 $37.49 Hourly Rates
Inspection/Reinspection 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Plan Review 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Engine Company (3 person crew) 3.00 + 1.00 = 4.00 x = $0.00 $0.00 $0.00Truck Company (4 person crew) 4.00 + 1.00 = 5.00 x = $0.00 $0.00 $0.00Consultant Fire Plan Review $0.00 actual
consultant
cost + 20%
admin fee
For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this division. Additionally, the City will pass-through to the applicant any direct costs incurred from the use of external service providers if required to process the specific application plus Citywide Overhead % of the total cost for administrative staff time.

SUPPORT TO PLANNING
Annexation Process and Environmental Review, Deposit [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Conditional Use Permit [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Conditional Use Permit: Admin & Existing Structure [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Conditional Use Permit: Amended CUP/Substantial Conformance [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Custom Home Review [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Development Agreement, Deposit [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Development Agreement Amendment, Deposit [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00 Environmental Review [5]
EIR Report Preparation, Deposit [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00 425
1595
Appendix D - Fire Prevention Fee Detail
234

A B C D E F G H I J K L M N O P Q R S

ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265 Extension of Time [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00General Plan Amendment, Deposit [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Home Occupation Permit [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00Phasing Map [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00 Plot Plan [5]
With hearing [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Without hearing (notice) [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Without hearing (no notice) [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Amended plot plan/substantial conformance [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Administrative (Includes second units) [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00 Pre-application Review [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Specific Plan, Deposit [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Specific Plan Amendment, Deposit [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Subdivision Sales Office (Trailer) and Model Home Complexes-Temporary [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00Temporary Use Permits [5] Minor [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Major [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00 Tentative Parcel Map [5]
Residential [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Commercial [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00 Tentative Tract or Condo Map [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Tentative Tract or Parcel Map Revised [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00 Notes[1] Fees driven by State statue[2] This fee will be assessed to all parcels defined as open space land and where legally permitted. Any fees associated with failure to comply and fire department ordered abated land will be pursued separately from this inspection fee. This fee will be collected as part of the annual property tax bill through the County of Riverside. [3] Placeholder for Master Fee Schedule (MFS); not included in cost analysis[4] All devlelopment related fees for plan review includes 2 Plan Checks[5] Source document from client "Copy of MV Fee Model 7 14 15 Fire COS Input.xlsx"[6] Current fee includes 4 connections; proposed fee is per connection[7] Fire does not review[8] Current fee is for up to 4 connections[9] Current fee has a range; used lowest end of range[10] Current fee is per system[11] Annual revenues are projected using the plan check volume data[12] CA Govt. Code SS 66015 limits Res. $500 maximum; Comm. $1,000 Maximum; Building Permit fees set at maximums 426
1596
APPENDIX E – ANIMAL LICENSE FEE DETAIL

427
1597
Beaumont Current Fee Proposed Fee
1 Year License Altered $25.00 $25.00
2 Year License Altered $40.00 $40.00
3 Year License Altered $55.00 $55.00
1 Year Unaltered $100.00 $100.00
Late License Fee $25.00 $25.00
Replacement Tag $25.00 $25.00
Banning
1 Year License Altered $25.00 $25.00
2 Year License Altered $40.00 $40.00
3 Year License Altered $55.00 $55.00
1 Year Unaltered $100.00 $100.00
Late License Fee $25.00 $25.00
Replacement Tag $25.00 $25.00
Calimesa
1 Year License Altered $25.00 $25.00
2 Year License Altered $40.00 $40.00
3 Year License Altered $55.00 $55.00
1 Year Unaltered $100.00 $100.00
Late License Fee $25.00 $25.00
Replacement Tag $25.00 $25.00
Shelter Fees - Determined by Ramona Humane Society

ANIMAL CARE
428
1598
APPENDIX F – LESIURE & CULTURAL SERVICES FEE DETAIL

429
1599

SERVICE
DIRECT
COSTS

CITY/DEPT
ADMIN

FACILITY

MAINT TOTAL REVENUES
Youth Sports $35,569 $47,662 $83,231
Recreation Classes $49,958 $74,929 $124,887
Senior Classes $40,826 $62,310 $103,136
Senior Programs $85,767 $125,699 $211,466
Facility Management $46,397 $65,445 $111,842
Facility Maintenance $181,980 $181,980
$258,517 $376,045 $181,980 $816,542 $18,750
Recreation Program Cost Recovery 7.3% 3.0% 2.3% 2.3%

RENTALS
DIRECT
COSTS

CITY/DEPT
ADMIN

FACILITY

MAINT TOTAL REVENUES
COST

RECOVERY
Facility Rentals $89,489 $131,691 $221,180 $128,520 58.1% Ballfield Rentals $48,788 $71,299 $497,282 $617,369 $2,500 0.4% $138,277 $202,990 $497,282 $838,549 $131,020 15.6%

DIRECT COSTS ARE DIRECT PART TIME AND FULL TIME SALARIES, BENEFITS, AND OTHER OPERATING EXPENSES

CITY OF BEAUMONT

DETAIL OF RECREATION SERVICES
FISCAL YEAR 2022‐23
430
1600
Contact Information
Eric Johnson
President
Tel 714-992-9027
[email protected]
Chu Thai
Vice President
Tel 714-992-9024
[email protected]
Company Information
Revenue & Cost Specialists
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
Tel (714) 992-9020
www.revenuecost.com
431
1601
1602

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
Adam Rush, Community Development Director
MEETING DATE: February 13, 2024
SUBJECT: Consideration and Introduction of Ordinance 1600, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) Zoning Districts by Amending the Definitions in Sections 17.08.010.B.8 and 17.08.010.B.11, Amending Existing Permitted Uses and Adding New Permitted and Conditionally Permitted Uses for the Very High Density Residential Zone in Section 17.08.020, and Adding Residential Development Standards for the Very High Density Residential Zone in Section 17.08.030 (Chapter 17.08, Articles I & Ii); And Amending Commercial Zoning Districts (Chapter 17.12, Articles I & II) by Adding New Permitted and Conditionally Permitted Uses to Table 17.12.020 of the City of Banning Municipal Code (BMC) Allowing Special Needs Housing As Required Pursuant to Programs Contained in the 6th Cycle Housing Element and State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act RECOMMENDATION:

Staff recommends that the City Council waive full reading and introduce, as read by title only, Ordinance 1600, An Ordinance of the City of Banning, California, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) zoning districts by amending the definitions in Sections

17.08.010.B.8 and 17.08.010.B.11 of the Banning Municipal Code (BMC); Adding new Permitted and Conditionally permitted uses for the VHDR zone in Section 17.08.020 BMC; Adding Residential development standards for the VHDR zone in Section 17.08.030 BMC; and Amending Commercial Zoning Districts by Adding new Permitted and Conditionally Permitted Uses to Section 17.12.020 BMC allowing special needs housing as required by Programs contained in the recently adopted 6th Cycle Housing Element; and make a determination that the project is exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment, and direct Staff to file a Notice of Exemption for the project.

BACKGROUND:

On January 9, 2024, the Banning City Council adopt the revised 6th Cycle Housing Element Update. In approving the Housing Element, the City Council understood that a Zoning Text Amendment would be required to implement amended and new Housing Element Programs contained within the 6th Cycle Housing Element, and would be brought forward to this approval body in February 2024. The City Council was so advised during staff’s presentation that the following recommended Programs in the 6th Cycle Housing Element will require amendments to Title 17, Zoning, of the Banning Municipal Code:
1603
Program 4:

Amend Density threshold for VHDR from 19-24 to 24-30 du/ac.

Program 5:

Per CGC 65583, allow housing developments by right when a minimum of 20% of units are affordable.

Program 6:

Offer incentives for lot consolidation for affordable housing projects.

Program 8:

Allow supportive housing by right in MF and MU zones.

Permit Group Homes in all residential zones with similar approval authority as for Residential Care Facilities.

Change parking requirements for supportive housing within ½ mile of a transit stop.

Program 9:

Allow emergency shelters by right in Public Facilities zone.

Revise parking requirements for emergency shelters.

Per AB 101, allow residential care facilities by right in MU and non-residential zones allowing mixed use.

Per AB 2162, allow transitional housing and supporting housing by right in residential zones.

Allow farmworker housing in RA and RA-H zones by right.

Ensure BMC is updated pursuant to latest ADU laws.

Remove any text viewed as a constraint to the development of residential care facilities.

Remove reasonable accommodation findings related to character and sensitivity of neighborhoods.

Program 10:

Remove constraints on a variety of special needs housing types to enhance the feasibility of affordable housing projects.

Remove 2-acre minimum lot size for MFR development in MDR zones.

Program 12:

Adopt design standards for multi-family and mixed-use projects.

Program 17:

Integrate changes in State Density Bonus housing law, including requirements under AB 2345.

Program 19:

Consider rezoning nonvacant and underutilized properties for alternative housing sites.

Evaluate fee structure for shared/micro units based on size.

Encourage innovative housing types to serve special needs.

Program 26:

Amend BMC to incorporate information on SB9/10 lot splits – including development standards.

Information to be made available on City’s website.

Program 27:

Periodically amend BMC to incorporate/integrate additional and/or new legislation changes to State Housing Laws
JUSTIFICATION:

California law requires each City and County adopt a comprehensive, long-term General Plan to guide development in their jurisdiction and land outside its boundaries that has relation to its city planning (Govt. Code §65300). California Government Code Section 65302 requires the General Plan to consist 1604
of seven State-mandated elements, including Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety Elements. The Housing Element is one of the seven State-mandated elements of the General Plan and must be updated every 8 years, unless otherwise mandated by California Government Code Section 65581. The purpose of the Housing Element is to develop comprehensive strategies for providing safe, decent, and affordable housing within the community across all income levels. The 6th Cycle Housing Element Update which spans the time period from 2021 through 2029 was adopted by the City Council on November 9, 2021 and was submitted to the California Department of Housing and Community Development (HCD) for certification review on November 18, 2021. At the conclusion of a 90-Day Review Period, HCD did not certify the Housing Element and required revisions to be made per a comment letter dated February 21, 2022. A revised 6th Cycle Housing Element Update was reviewed by the Planning Commission on December 6, 2023 and is scheduled for City Council review on January 9, 2024. Upon adoption by the City Council, the 6th Cycle Housing Element will again be transmitted to HCD for Certification review. To be considered for Certification, the proposed Zoning Text Amendments contained in Draft Ordinance 1600 are integral to implementing the Housing Element Programs and must be adopted by the City Council prior to the conclusion of HCD’s 60-day Certification review period. Until the 6th Cycle Housing Element is Certified by HCD, the City is not eligible to compete for federal, state, or local grant money. If deemed by HCD to have a noncompliant Housing Element, the City can lose the ability to receive Community Development Block Grants as well as other negative incentives such as fines and increases to the City’s Regional Housing Needs Assessment.

FISCAL IMPACT:

The costs associated with preparing the Ordinance Amendment is minimal. Future residential or mixeduse development will be paid for through the submittal of developer fees.

If deemed by HCD to have a noncompliant Housing Element, the City can lose the ability to receive Community Development Block Grants as well as other negative incentives such as fines and increases to the City’s Regional Housing Needs Assessment.

ALTERNATIVES:

1. Introduce Ordinance 1600 as recommended.

2. Introduce Ordinance 1600 with modifications.

3. Remand to the Planning Commission for further discussion.

3. Provide alternative direction to staff.

ATTACHMENTS:

1. Ordinance 1600 ZTA_23-97503.docx

2. PHN_Ord 1600_ZTA 23-97503 Final.pdf

3. NOE_ZTA_23-97503_FINAL.pdf

4. 2024 02 08_Proof of Publication.pdf
1605
Ordinance 1600

Page 1 of 14 ends

ORDINANCE 1600

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, AMENDING

THE HIGH DENSITY RESIDENTIAL (HDR) AND VERY HIGH DENSITY

RESIDENTIAL (VHDR) ZONING DISTRICTS BY AMENDING THE
DEFINITIONS IN SECTIONS 17.08.010.B.8 AND 17.08.010.B.11, BY ADDING

NEW PERMITTED AND CONDITIONALLY PERMITTED USES FOR THE
VERY HIGH DENSITY RESIDENTIAL ZONE IN SECTION 17.08.020, AND

ADDING RESIDENTIAL DEVELOPMENT STANDARDS FOR THE VERY
HIGH DENSITY RESIDENTIAL ZONE IN SECTION 17.08.030 (CHAPTER

17.08, ARTICLES I & II); AND AMENDING COMMERCIAL ZONING DISTRICTS (CHAPTER 17.12, ARTICLES I & II) BY ADDING NEW

PERMITTED AND CONDITIONALLY PERMITTED USES TO TABLE

17.12.020 OF THE CITY OF BANNING MUNICIPAL CODE (BMC) ALLOWING SPECIAL NEEDS HOUSING AS REQUIRED PURSUANT TO STATE LAW;

AND MAKING A DETERMINATION OF EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Findings and Purpose.

A. On January 9, 2024, the City of Banning adopted a revised Housing Element update for the 6th Cycle based on comments received from the State of California Department of Housing and Community Development (HCD) and the public.

B. The City has submitted its revised Housing Element update to HCD for review and certification. HCD has 60 days to act, during which time the City must adopt certain zoning text amendments described in the Housing Element; including: (1) establishing residential density at 30 dwelling units per acre (DU/AC); (2) establishing a zone or zones that authorizes certain MultiFamily Residential (MFR)/High Density Residential) (HDR) housing projects or as a ministerial action (e.g., "by right"); (3) adopting objective residential development standards decreases the barriers to entry as related to Multi-Family Residential and High Density Residential development; and (4) establishing reasonable regulations for Multi-Family Residential and High Density Residential development, is necessary as a means of documenting and preserving these properties. Zoning Text Amendment 23-97503, which would amend Title 17 of the Banning Municipal Code as described in the title of this Ordinance, was prepared for the purpose of fulfilling this obligation.

C. On January 9, 2024, the Planning Commission held a duly noticed public hearing on Zoning Text Amendment 23-97503, during which all interested persons were allowed to comment on the matter. After considering all of the evidence and testimony presented at that hearing, the Planning Commission adopted Resolution 2024-02, recommending that the City Council adopt an ordinance approving Zoning Text Amendment 23-97503.

D. On February 13, 2024, the City Council held a duly noticed public hearing on Zoning Text Amendment 23-97503, during which all interested persons were allowed to comment on the matter.

E. Based on all of the evidence and testimony presented at that hearing, the entirety of the administrative record in this matter, and the Planning Commission’s recommendation regarding the same, the City Council finds as follows:
a. All facts and findings set forth above in this Section 1 of the Ordinance are true and correct.
b. This Ordinance is consistent with the goals and policies of the City's revised Housing Element update and the City’s General Plan as a whole. 1606
Ordinance 1600

Page 2 of 14 ends

c. This Ordinance is internally consistent with the Banning Municipal Code. d. The City Council has independently reviewed and considered the requirements of the California Environmental Quality Act ("CEQA"), and has determined that the zoning text amendments contained in this Ordinance are categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment.

F. All legal prerequisites to adoption of this Ordinance have occurred.

SECTION 2. Paragraph B of Section 17.08.010 (Purpose) of Article I (General Provisions) of Chapter 17.08 (Residential Districts) of Division II (Land Use Districts) of Title 17 (Zoning) of the Banning Municipal Code is hereby amended as follows:
(i.) Subparagraph 8 is amended to read as follows:
“High Density Residential (HDR) (11 – 23 DU/AC). Allows condominiums and townhomes, as well as apartments with the provision of common area amenities and open space. The clustering of condominiums and townhomes is appropriate with the provision of common area amenities and open space. Mobile home parks and subdivisions with the provision of common area amenities and open space may also be appropriate, with the approval of a conditional use permit. Home Occupations may be appropriate with approval of a Home Occupation permit.” (ii.) Subparagraph 11 is amended to read as follows:
“Very High-Density Residential (VHDR) (24 – 30 DU/AC). Allows condominiums and townhomes, as well as apartments with the provision of common area amenities and open space. The clustering of condominiums and townhomes is appropriate with the provision of common area amenities and open space. Home occupations may be appropriate with approval of a home occupation permit.” SECTION 3. Table 17.08.020 (Permitted, Conditional and Prohibited Uses) of Section

17.08.020 (Permitted, Conditional and Prohibited Uses) of Article I (General Provisions) of Chapter 17.08 (Residential Districts) of Division II (Land Use Districts) of Title 17 (Zoning) of the Banning Municipal Code is hereby amended as indicated by the following additions and deletions:
“Table 17.08.020
Permitted, Conditional and Prohibited Residential Uses
Zone R/A R/A/H RR RR/H VLDR LDR MDR HDR* MHP VHDR
Residential Uses
Accessory Dwelling Unit P P P P P P P P XP P
Affordable Housing (min.
20% lower income,
nonvacant site)7

X X X X X C P P P P
Cannabis Commercial
Indoor Cultivation

X X X X X X X X X X
Cannabis Manufacturing
Level 1

X X X X X X X X X X
Cannabis Distribution
Facility

X X X X X X X X X X
Cannabis Microbusiness X X X X X X X X X X
Cannabis Personal
Cultivation6

P P P P P P P P P P
Cannabis Retailer X X X X X X X X X X
1607
Ordinance 1600

Page 3 of 14 ends

“Table 17.08.020
Permitted, Conditional and Prohibited Residential Uses
Zone R/A R/A/H RR RR/H VLDR LDR MDR HDR* MHP VHDR
Cannabis Testing
Laboratory

X X X X X X X X X X
Other Cannabis Uses X X X X X X X X X X
Commercial cargo/storage
container

P P P P P X X X X X
Community Gardens P P P P P P P P P P
Condominiums and
Townhomes

X X X X C C P P X P
Congregate Care Facility X X X X X P P P X P
Day Care Center P P X X X C C C C C
Day Care Home, Small1 P P P P P P P P P P
Day Care Home, Large2 C C C C C C C C C C
Dormitory X X X X X C C C X C
Farmworker Housing P P P P X X X X X X
Homeless Shelter X X X X X X X C C C
Mobile Home Parks or
Subdivisions

X X X X X X C C P X
Multi-Family Residential
Dwelling

X X X X X C P P X P
Planned Unit Development X X X P P P P P X P
Residential Care
Facility/Group Home,
Large

X X X X X X C C X C
Residential Care
Facility/Group Home,
Small, Licensed

P P P P P P P P P P
Residential Care
Facility/Group Home,
Small, Unlicensed

X X X X X X C C X C
Second Dwelling Unit P P P P P P P P X P
Single Family Dwelling P P P P P P P C X X
Single Room Occupancy X X X X X X X C X P
Supportive/Transitional
Housing

X X X X X X P P X P
Equestrian Uses
Stables, Private P P P P P X X X X X
Stables, Commercial P C P C C X X X X X
Tack and Feed Stores C C C X X X X X X X
Veterinary Offices and
Hospitals

C X C X C X X X X X
Agricultural Uses
Grazing of Animals P P P P P P X X X X
Kennels and Catteries,
commercial

C C C C C C X X X X
Locally Adaptive Farming P5 P5 C C X X X X X X
1608
Ordinance 1600

Page 4 of 14 ends

“Table 17.08.020
Permitted, Conditional and Prohibited Residential Uses
Zone R/A R/A/H RR RR/H VLDR LDR MDR HDR* MHP VHDR
Factory Farms with
Genetic Monocultures

X X X X X X X X X X
Ranching P P C C X X X X X X
Recreational Uses
Clubhouses C X C X C C C C C X
Golf Courses and Related
Facilities

C X C X C C C C C X
Swimming Pool/Sports
Club

X X X X C C C C C X
Sports Courts and Fields C X C X C C C C X X
Accessory Uses
Telecommunications
Antennae

C X X X X X X X X X
Garages (for storage of
vehicles only, in excess to
that required under
Chapter 17.28 (Parking
Regulations)

C X C X C C X X X X
Other Uses
Bed and Breakfast C C C C C C C X X X
Boarding House X X X X X X X X X C
Cemeteries C X C X C C X X X X
Churches C X C X C C C C C X
Utility Facilities C C C C C C C C C X
Private Schools C C C C C C C C C X
Neighborhood Oriented
Retail Stores3

X X X X X X C X X X
Temporary Uses4 T T T T T T T T T T
Housing developments in the VHDR district are permitted at a minimum density of twenty dwelling units per acre by-right when at least fifty percent of the units are reserved for lower income households. 1 Small family day care homes are permitted by right in single-family residences located in any residential zone. Small family day care homes are not permitted in multiple-family residences. 2 Large family day care homes are conditionally permitted in single-family residences located in any residential zone. Large family day care homes are not permitted in multiple-family residences. 3 Neighborhood-oriented retail stores, as defined in the General Plan, consist of "corner store" type development such as convenience stores, grocery or green grocer, video rental, drug stores, sit down restaurants, coffee shops or coffee bars or similar uses, less than five thousand square feet in total square footage.
4 Temporary uses require temporary use permit. See Chapter 17.108 for provisions. 5 Agricultural employee housing allowed with up to twelve units or thirty-six persons, and/or up to six workers as a single-family use.
1609
Ordinance 1600

Page 5 of 14 ends

6 Cannabis Personal Cultivation must comply with the provisions of Chapter 5.34. 7 Housing developments in the VHDR district are permitted at a minimum density of twenty-four dwelling units to 30 dwelling units per acre, without a Public Hearing required. Applies only to affordable housing projects pursuant to Government Code Section 65583.” SECTION 4. Table 17.08.030 (Residential Development Standards) of Section 17.08.030 (General Standards) of Article II (Land Use District Development Standards) of Chapter 17.08 (Residential Districts) of Division II (Land Use Districts) of Title 17 (Zoning) of the Banning Municipal Code is hereby amended as indicated by the following additions and deletions:
“Table 17.08.030
Residential Development Standards1

R/A R/A/H RR RR/H VLDR LDR MDR HDR MHP VHDR
Max. Density
(Units/Ac.)
1/10
Ac.
1/10
Ac.2
0-1 0-12 0-2 0-5 0-10 11-18
23 9-18 24-30
Min. Lot Size
(Ac. or s.f.)
Single Family
Lot3,4,10
10 Ac.
10 Ac. 40,000
s.f.
40,000
s.f.
20,000
s.f.
7,000
s.f. or
suffix.
7,000 7,000 N/A 15,000
Min. Lot Size
(Ac.) MultiFamily
Residential
Units
N/A N/A N/A N/A N/A 2 Ac.
7,000
7,000 7,000 N/A N/A
Min. Lot
Width (Feet)
600 600 150 150 100 70 50 150 150 150
Min. Lot
Depth (Feet)
600 600 150 150 100 90 75 100 100 100
Min. Front
Setback
(Feet)
50 50 50 50 35 20 15 15 10 10
Min. Rear
Setback
(Feet)
50 50 35 35 35 15 10 10 10 10
Min. Side
Yard Setback
(Feet)
25 25 25 25 15 10 5 5 5 5
Min. Street
Side (Feet)
30 30 30 30 20 15 10 10 5 10
Max. Bldg.

Coverage
(%)9
10 10 15 15 25 408 40 40 50 70
Min. Private
Outdoor
Space (s.f.)
N/A N/A N/A N/A N/A N/A 200 200 200 200
Min.

Common
Outdoor
Space (s.f.)6
N/A N/A N/A N/A N/A N/A 200 200 200 200
1610
Ordinance 1600

Page 6 of 14 ends

“Table 17.08.030
Residential Development Standards1

R/A R/A/H RR RR/H VLDR LDR MDR HDR MHP VHDR
Maximum
Height
(stories/feet)
2/35 2/35 2/35 2/35 2/35 2/35 3/457 4/60 1/25 5/70
Maximum
Fence/Wall
Height (ft)
6 6 6 6 6 6 6 6 6 6
Floor Area
Ratio (FAR)8
One-story
home
.10 .10 .15 .15 .25 .35 .40 .40 .50 .50
Multi-story
home
.20 .20 .30 .30 .40 .60 .70 .70 N/A .70
1 These standards can be superseded by standards in a Specific Plan, or by the standards provided for Planned Unit Development, under Section 17.08.170.
2 The provisions for hillside development and density transfers shall apply. 3 A single family home can be built on an existing legal lot in the R/A, R/A-H, RR, RR/H, VLDR, LDR or MDR zones, providing all single family residential development standards for that zone are met. 4 Minimum lot size net of public right-of-way dedication. 5 In the LDR Zone, if no suffix is shown on the map. If a suffix is shown on the map, that suffix indicates the minimum lot size.
6 A minimum of 30% of the net site area must be provided in common outdoor space. See Multi-Family Residential development standards, Section 17.08.140.
7 Maximum height only permitted if Fire Department provides written verification that they can serve. 8 Up to 240 square feet of third car garage space is exempted from lot coverage and FAR for lots over 9,500 square feet.
9 Golf cart garages are exempted from the building coverage requirements in areas that are adjacent to a golf cart path.
10 All residentially zoned lots are eligible to apply for ministerial subdivisions under the provisions of Senate Bill 9, the California Housing Opportunity and More Efficiency (HOME) Act pursuant Governemnt Code Section 66411.7.”
SECTION 5. Table 17.12.020 (Permitted, Conditional and Prohibited Commercial and Industrial Uses) of Section 17.12.020 (Permitted, Conditional and Prohibited Uses) of Article I (General Provisions) of Chapter 17.12 (Commercial and Industrial Districts) of Division II (Land Use Districts) of Title 17 (Zoning), of the Banning Municipal Code is hereby amended as indicated by the following additions and deletions:
“Table 17.12.020
Permitted, Conditional and Prohibited Commercial and Industrial Uses Zone DC GC HSC PO I AI BP IMR
Resource and Open Space
Uses
Plant nurseries, with on-site
sales

X P X X X X C C
Plant nurseries, without on-site
sales

X C X X X X X C
Surface mining1 X X X X C X X C
1611
Ordinance 1600

Page 7 of 14 ends

“Table 17.12.020
Permitted, Conditional and Prohibited Commercial and Industrial Uses Zone DC GC HSC PO I AI BP IMR
Commercial cargo/storage
containers

C C C C P P P P
Community Gardens P P P P P P P P
Recreation, Education and Public Assembly
Adult entertainment X X X X C X X X
Adult day care facilities X C C C X X C X
Automobile race track X X X X C C X X
Billiard parlors/pool halls C C C X X C C X
Churches C C C C C X C C
Community centers P P C C X X X X
Convention facilities P P P X X P X X
Day care centers C C C C X X C X
Health/fitness facilities C P P P X X C X
Indoor recreation centers C P P X X C X X
Libraries P P P P X P X X
Membership organization
facilities

X X X C C P C X
Museums P P P P X P X X
Outdoor commercial recreation P P P C X C C X
Public parks and playgrounds P P P P X P P X
Recreational vehicle (RV) parks X X C X X X X X
Recreational vehicle (RV)
storage

X X X X C X C X
Schools X X X C X P X X
Sport facilities and outdoor public
assembly

C C C C X C C X
Studios for dance, art, music,
photography, etc.

P P P P C X C X
Theatres and meeting halls C C C C C X C C
Retail Uses
Accessory retail uses P P P P P P P X
Alcoholic beverage sales, on- or
off-site

C C C C X X X X
Antique stores P P P X X X P X
Art galleries P P C C X P P X
Auto, mobile home, and motor
vehicle sales, with or without part
sales, new and/or used3

X P P X P P C X
Auto, mobile home, and motor
vehicle part sales3

C P P X P P C X
Bakeries, retail P P P P X X P X
Bars and drinking establishments C C C X X C X X
Building material stores X P P X X X P X
Certified farmers' markets P P P X X X X X
Convenience stores C P P C X C X X
1612
Ordinance 1600

Page 8 of 14 ends

“Table 17.12.020
Permitted, Conditional and Prohibited Commercial and Industrial Uses Zone DC GC HSC PO I AI BP IMR
Convenience stores, no liquor
sales

P P P X X X P X
Department stores P P P X X X P X
Drive-in/drive-through sales X P P C X X C X
Drug stores P P P C X X C X
Electronic Message Center C
Factory outlet centers X P P X X X C X
Farm and ranch supply stores X P P X X X X X
Furniture, furnishings, home
equipment stores

P P P X X X P X
Gift shops P P P P X P P X
Grocery stores, retail butchers
and green grocers

P P P X X X C X
Hardware/lumber stores C P P X P X P X
Liquor stores (off-site
consumption)

X C C C X X X X
Outdoor retail merchandise
display and activities

P C C C X X C X
Outdoor retail sales, temporary T T T T X T T X
Pawn shops X C C X X X C X
Pet stores and grooming P P P X X X P X
Restaurants, no beer, wine or
liquor sales

P P P P C C P C
Restaurants, serving beer, wine
or liquor

P P P P C C P C
Restaurants, drive-in, take-out,
fast food

C P P C X X C X
Retail stores, general
merchandise

P P P X X X P X
Second hand/thrift stores X C C X X X X X
Shopping centers, 15,000 square
feet or more

C P P X X X C X
Video rental stores P P P X X X P X
Warehouse or club stores (i.e.,
"Big box stores")

X P P P X X P X
Services
Automatic teller machine (ATM),
not at a bank

P P P P X P P X
Banks and financial
establishments/services

P P P P X X P X
Barber shops and beauty shops P P P X X X P X
Bed and breakfast
establishments

P C C X X X X X
Boarding house X X C X X X X X
1613
Ordinance 1600

Page 9 of 14 ends

“Table 17.12.020
Permitted, Conditional and Prohibited Commercial and Industrial Uses Zone DC GC HSC PO I AI BP IMR
Business support/secretarial
services

P P P P X P P X
Car wash X P P X X X C X
Columbarium's and mortuaries X C C X X X C X
Construction storage (indoor
and/or outdoor)

X X X X P X C C
Drive-in and drive-through
services

X P P C X X C X
Dry cleaning, retail C P P C X X P X
Equipment rental yards X X C X P C C X
Fortune-Telling X C C C C C C X
Government offices P C C P X P P X
Hookah and Smoking Lounges X C C C C C C X
Hotels and motels P P P X X X C X
Laundry, coin operated C P P X X X X X
Massage Establishment P P P P X P P X
Medical services, clinics and labs C C C P X X C X
Mobile Vending T T T T T T T T
Professional offices P P P P X P P X
Public parking P P P P P P P X
Public utility and safety facilities P P P P P P P P
Real estate offices P P P P X X P X
Repair and maintenance of
consumer products

X P P C X X P X
Repair and maintenance of
motor vehicles, including auto
body

X C P X P P P X
Research and development
facilities

X X X C C C P X
Storage, accessory, including
self-storage

X X X X C X C X
Tattoo and Body Piercing
Studios

C C C C C C X X
Vehicle fueling/service stations X P P P X P P X
Veterinary clinics, animal
hospitals, grooming

C P P P X X P X
Manufacturing and Processing Uses
Assembly from prefabricated
parts or products
X C3 X X P P P X
Auto wrecking/parts salvaging X X X X C X X X
Bakeries, wholesale X X X X P X P X
Breweries and distilleries C C C X C X C X
Breweries and distilleries,
ancillary to a bar or restaurant

C C C X X P C X
1614
Ordinance 1600

Page 10 of 14 ends

“Table 17.12.020
Permitted, Conditional and Prohibited Commercial and Industrial Uses Zone DC GC HSC PO I AI BP IMR
Cabinet shops, carpentry,
furniture manufacturing and
assembly

X X X X P X P X
Ceramics manufacturing and
assembly

X X X X P X P X
Cleaning and dyeing plants X X X X P X X X
Contractor's storage yards X X X X P C C P
Creameries and dairies X X X X C X X X
Distribution X X X X P P P X
Food products manufacturing X X X X P X C X
Furniture and fixtures X X X X P X P X
Garment and shoe
manufacturing

X X X X P X P X
Ice and cold storage X X X X P P P X
Laundries and dry cleaning
plants

C C C C P X C X
Lumber yards X X X X P X C X
Machining, welding and
blacksmithing

X X X X P P C C
Manufacturing facilities, light X X X X P C P X
Manufacturing facilities, heavy X X X X P C X X
Metal plating shops X X X X C X X X
Mixed-use office/industrial X X X X P C P C
Mixed-use industrial/commercial X X X X P X C X
Packing plant X X X X P X P X
Printing/publishing C C C C P X P X
Recycling facilities X X X X P X C X
Recycling—Reverse vending
machines

P P P X P X P X
Sheet metal shops X X X X P P C C
Stone and granite storage and
sales

X X X X P X C P
Storage yard X X X X P C C P
Tire recapping, retreading and
storage

X X X X C C C X
Truck (commercial) repair,
towing, storage and service

X X X X P P C C
Trucking yard or terminal X X X X C C C X
Warehousing X X X X P P P C
Wholesaling X X X X P C P X
Residential Uses
Caretaker/watchperson's
dwelling

C X X X C C C C
Guest house X X X X X X X X
Home occupations P X X X X X X X
1615
Ordinance 1600

Page 11 of 14 ends

“Table 17.12.020
Permitted, Conditional and Prohibited Commercial and Industrial Uses Zone DC GC HSC PO I AI BP IMR
Mixed-use,
residential/commercial6

P P C C X C C X
Residential accessory uses and
structures

C X X X X X X X
Residential care facility, large X X C X X X X X
Residential care facility, small,
licensed

X P X P C X C X X X X
Residential care facility, small,
unlicensed

X X C X X X X X
Congregate care housing C X X C X X C X
Single room occupancy facility C X C X X X X X
Single-family dwellings, existing P X X X X X X X
Single-family dwellings, new X X X X X X X X
Accessory Dwelling Unit X X X X X X X X
Other Uses
Commercial or
telecommunications antennae

X C C C C C C C
Public utility facilities X P P P P P P P
Emergency shelters X X X X X P X X
Cannabis Commercial Indoor
Cultivation9

X X X X C X C X
Cannabis Personal Cultivation7 X X X X X X X X
Cannabis Manufacturing Level
19 X X X X C X X X
Cannabis Retailer X X C8 X X X X X
Cannabis Testing Laboratory9 X X X X C X X X
Cannabis Distribution Facility10 X X X X C X X X
Cannabis Microbusiness11 X X X X C X C X
Other Cannabis Uses X X X X X X X X
1 Surface mining permit required. See Chapter 17.100.
2 Reserved.
3 Refer to Section 17.12.050(B) for conditional use permit requirements. 4 A government office shall include administrative functions as well as those activities that will involve on-site customer patronage. A government office that is only administrative in nature, involving no customer patronage, can be considered a professional office. 5 When undertaken in conjunction with on-site retail as a primary use. 6 Existing mixed residential/commercial uses that are legal and nonconforming with respect to Conditional Use Permits may be reoccupied.
7 Cannabis Personal Cultivation is prohibited except in a house, an apartment unit, a mobile home, or other similar dwelling that is a legal non-conforming use and that otherwise complies with Chapter 5.34 of this Code.
8 Cannabis Retailers shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.54.
9 Cannabis Commercial Indoor Cultivation, Cannabis Manufacturing Level 1, and Cannabis Testing Laboratory uses shall require approval of a Cannabis Conditional Use Permit by the 1616
Ordinance 1600

Page 12 of 14 ends

City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.
10 A Cannabis Distribution Facility shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.
11 A Cannabis Microbusiness shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.”
SECTION 6. If any section, subsection, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining section or portions of this Ordinance or any part thereof.

The Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of any one or more sections, subsections, subdivisions, paragraphs, sentence, clauses or phrases may be declared invalid or unconstitutional.

SECTION 7. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 8. This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this 13th day of February 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
1617
Ordinance 1600

Page 13 of 14 ends

APPROVED AS TO FORM:

Serita Young, City Attorney
Richards, Watson & Gershon
1618
Ordinance 1600

Page 14 of 14 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that Ordinance 1600 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 13th day of February 2024, and was duly adopted at a regular meeting of said City Council on the 00th day of Month 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Deputy City Clerk
City of Banning, California
1619
City of Banning
Community Development Department
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

NOTICE OF PUBLIC HEARING AND
SUMMARY OF ORDINANCE 1600
NOTICE IS HEREBY GIVEN in accordance with Government Code Sections 65854, 65090, and 65091 of a public hearing before the City Council of the City of Banning, to be held on Tuesday, February 13, 2024, at 5:00 p.m., or soon thereafter, in the Banning Council Chambers, 99 E. Ramsey Street, Banning, California, to consider adoption of proposed Ordinance 1600:

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, AMENDING THE HIGH

DENSITY RESIDENTIAL (HDR) AND VERY HIGH DENSITY RESIDENTIAL (VHDR) ZONING DISTRICTS BY AMENDING THE DEFINITIONS IN SECTIONS 17.08.010.B.8 AND

17.08.010.B.11, BY ADDING NEW PERMITTED AND CONDITIONALLY PERMITTED USES FOR THE VERY HIGH DENSITY RESIDENTIAL ZONE IN SECTION 17.08.020, AND

ADDING RESIDENTIAL DEVELOPMENT STANDARDS FOR THE VERY HIGH DENSITY RESIDENTIAL ZONE IN SECTION 17.08.030 (CHAPTER 17.08, ARTICLES I & II); AND AMENDING COMMERCIAL ZONING DISTRICTS (CHAPTER 17.12, ARTICLES I & II) BY

ADDING NEW PERMITTED AND CONDITIONALLY PERMITTED USES TO TABLE

17.12.020 OF THE CITY OF BANNING MUNICIPAL CODE (BMC) ALLOWING SPECIAL NEEDS HOUSING AS REQUIRED PURSUANT TO STATE LAW; AND MAKING A

DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Summary of Ordinance 1600
This is a summary of the above-entitled Ordinance 1600 of the City of Banning. This summary has been prepared and published in accordance with the requirements of Government Code Section 36933.

On February 13, 2024, City staff will recommend that the City Council of the City of Banning introduce and conduct the first reading of Ordinance 1600. On January 9, 2024, the City Council approved the City of Banning 6th Cycle Housing Element update by adoption of Resolution 2024-12. The Housing Plan within the adopted 6th Cycle Housing Element update identifies the City’s housing goals, policies, and implementation programs. Ordinance 1600 proposes certain Zoning Text Amendments required under the implementation programs within the 6th Cycle Housing Element update, in compliance with recent changes in California housing laws, and in response to comments received by the State of California Department of Housing and Community Development (“HCD”). Specifically, Ordinance 1600 amends:
(1) Banning Municipal Code (“BMC”) Section 17.08.010.B.8. to increase the density threshold for the High Density Residential (“HDR”) zoning district from 11-18 du/acre to 11-24 du/acre consistent with Program 6 within the Housing Element; (2) BMS Section 17/.08.010.B.11 to increase the density threshold for the Very High-Density Residential (“VHDR”) zoning district from 19-24 du/acre to 24-30 du/acre consistent with Program 4 within the Housing Element; (3) Table 17.08.020 of BMC Section

17.08.020 to reduce constraints for special needs housing and identify uses allowed within the VHDR zoning district consistent with Program 5 within the Housing Element/Government Code Section 65583 of the State housing laws; (4) Table 17.08.030 of BMC Section 17.08.030 to add residential development standards for the VHDR zoning district, modify the minimum lot size for multi-family residential units on premises within the Low Density Residential (“LDR”) zoning district, and modify the maximum density for premises within the HDR zoning district, all consistent with Program 4 within the Housing Element/Government Code Section 65583 of the State housing laws; and (5) Table 17.12.020 of BMC Section 17.12.020 to add “Residential care facility, small, licensed” as a permitted use on premises within 1620
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 the Downtown Commercial (“DC”) and General Commercial (“GC”) zoning districts and as a use subject to a Conditional Use Permit in the Professional Office (“PO”) zoning district to further reduce constraints for special needs housing consistent with Programs 8 and 9 within the Housing Element/Government Code Section 65583 of the State housing laws.

City staff has evaluated the potential environmental impacts of the adoption of the proposed Zoning Text Amendments pursuant to the California Environmental Quality Act (“CEQA”). City staff has determined that the proposed Zoning Text Amendments contained in proposed Ordinance 1600 are categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment.

On January 10, 2024, the Planning Commission of the City of Banning held a public hearing on the proposed Zoning Text Amendments, at which time all persons interested in the proposed Zoning Text Amendments had an opportunity to and did address the Planning Commission on this matter. Following the receipt of public testimony, the Planning Commission voted 5-0-0 to recommend approval of the proposed Zoning Text Amendments to the City Council by adopting Planning Commission Resolution 2024-02.

To observe the live meeting through your personal computer you may use your computer or smart phone to enter the following or click on the link: https://banninglive.viebit.com or on the Banning Government Channel on Cable Television.

Information regarding the CEQA determination, the proposed Zoning Text Amendments, and Ordinance 1600 can be obtained by contacting the City's Community Development Department, Planning Division by telephone at (951) 922-3125 or by email at [email protected], or by visiting the City Hall located at 99 East Ramsey Street, Banning during regular business hours. You may also go to the City of Banning website at http://www.banningca.gov.

All parties interested in speaking either in support of or in opposition of this item are invited to attend the hearing, or to send their written comments by mail to the Community Development Department, City of Banning at P.O. Box 998, Banning, California, 92220, or to Sandra Calderon by email at [email protected].

If you challenge any decision regarding this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City as specified above, at, or prior to, the hearing (Cal. Gov. Code, § 65009).

Submitted by:
_________________________
Caroline Patton, Deputy City Clerk
City of Banning, California
Dated: January 30, 2024
Publish Date: February 2, 2024 and February 9, 2024
1621
Notice of Exemption Appendix E
To: Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92502-0751
From: City of Banning
Community Development Dept.

P.O. Box 998
Banning, CA 92220
Project Title:

Project Location – Specific:

Project Location – City: City of Banning Project Location – County: Riverside Description, Nature, Purpose, and Beneficiaries of Project:

Name of Public Agency Approving Project: City of Banning Planning Commission Name of Person or Agency Carrying Out Project: City of Banning Community Development Department
Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1);15268):

Declared Emergency (Sec. 21080(b)(3); 15269(a):

Emergency Project (Sec. 21080(b)(4); 15269(b)(c):

Categorical Exemption. State type and section number:

Statutory Exemptions. State code number: 15061(b)(3)
Reasons why project is exempt:

Lead Agency
Contact Person: Adam Rush Area Code/Telephone/Extension: (951) 922-3125 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: 01/4/2024_ Title: Community Development Director Signed by Lead Agency Date received by OPR:

Signed by Applicant
Zoning Text Amendment (ZTA) 23-97503, amending Chapters 17.08 and 17.12 of the BMC.

Citywide – City of Banning, CA 92220
A zoning text amendment to amend Title 17 of the Banning Municipal Code (BMC) to implement Programs identified in the 6th RHNA (2021 – 2029) Cycle Housing Element Update.

Project is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) (Review For Exemptions) of the CEQA Guidelines, no further analysis is required because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment.

Future projects subject to proposed amendments to Title 17 (Zoning) will require a discretionary permit and CEQA review, and will be analyzed at the appropriate time in accordance with CEQA. 1622
1623

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: February 13, 2024
SUBJECT: Consideration and Introduction of Ordinance 1597, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code
RECOMMENDATION:

A motion waiving full reading and introducing, as read by title only, Ordinance 1597, establishing regulations governing the possession of catalytic converters, and amending Title 9 of the Banning Municipal Code.

BACKGROUND:

Theft of catalytic converters has been an increasing problem in Riverside County as well as in Banning in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.

The purpose and intent of the proposed Ordinance is to curb the theft of catalytic converters in Banning and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. Similar ordinances have been adopted by Riverside County and the City of Beaumont.

JUSTIFICATION:

The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for thefts. The proposed Ordinance is necessary to provide the City of Banning a means to protect the public, deter this criminal activity, and promote a more productive use of City resources.

FISCAL IMPACT:

City staff and legal counsel time involved with preparation of ordinance and staff report is minimal.

Adoption of this Ordinance will create efficiencies for law enforcement personnel.

ALTERNATIVES:

1. Waive full reading and introduce, as read by title only, Ordinance 1597, as written.

2. Waive full reading and introduce, as read by title only, Ordinance 1597, with modifications.

3. Do not introduce Ordinance 1597.

ATTACHMENTS:
1624

1. Ordinance 1597 (Catalytic Converter)
1625
Ordinance 1597

Page 1 of 5 ends

ORDINANCE 1597

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,

ESTABLISHING REGULATIONS GOVERNING THE POSSESSION OF
CATALYTIC CONVERTERS, AND AMENDING TITLE 9 OF THE

BANNING MUNICIPAL CODE
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Findings and Purpose.

A. The City Council finds that theft of catalytic converters has been an increasing problem in Banning in recent years. In the City, dozens of reports of catalytic converter thefts occur annually impacting many victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.

B. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the City a means to protect the public, deter this criminal activity, and promote a more productive use of City of Banning resources.

C. In accordance with the California Constitution, Article XI, Section 7, a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

D. The purpose and intent of this Ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.

SECTION 2. A new Chapter 9.28 is hereby added to Title 9 (Public Peace, Morals, and Welfare) of the Banning Municipal Code, to read, as follows:
“Chapter 9.28 - UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS Sections:

9.28.010 - Definitions.

9.28.020 - Unlawful possession of a catalytic converter.

9.28.030 - Violations and enforcement.
1626
Ordinance 1597

Page 2 of 5 ends

9.28.010 - Definitions.

As used in this chapter, the following terms shall have the following meanings:
“Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants, and shall also mean ‘catalytic converter’ as that term is used in California Vehicle Code Section 10852.5.
“Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:

1. Signed bill of sale from the original owner authorizing removal of the catalytic converter, including the vehicle owner’s name, address, and telephone number.

2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop or similar business.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated clearly showing the vehicle’s license plate number and vehicle identification number.

5. Vehicle registration associated with the catalytic converter together with photographs showing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner claimed to have conveyed the catalytic converter to the person now in possession.
“Lawful possession” means (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner’s verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a lawful possession.
“Enforcement officer” means a sworn officer of the police department, sworn federal task force officer, building official, code enforcement official, city attorney, or district attorney, and their designees.

9.28.020 - Unlawful possession of a catalytic converter.

A. Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not properly installed in a 1627
Ordinance 1597

Page 3 of 5 ends

vehicle unless the person has a documentation or other proof verifying they are in lawful possession of the catalytic converter.

B. This section does not apply to a detached catalytic converter, otherwise lawfully possessed, that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with (i) the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act; or (ii) or applicable regulations of the California Air Resources Board, as they may be amended from time to time.

C. It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

D. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including, but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.

9.28.030 - Violations and enforcement.

A. Misdemeanor Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the county jail for one year.

B. State Penalties Apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.

C. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an enforcement officer determines a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation, in accordance with and subject to the provisions of chapter 1.20 of this code.”
SECTION 3. Non-exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this Ordinance shall be cumulative and not exclusive.

Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of 1628
Ordinance 1597

Page 4 of 5 ends

correcting, removing, or abating a violation, nor prevent the enforced correction, removal, or abatement thereof.

SECTION 4. Severability. The provisions of this Ordinance are separate and severable.

If any provision of this Ordinance is for any reason held by a court to be unconstitutional or invalid, the City Council declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this Ordinance, or the validity of its application to other persons or circumstances.

SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 6: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this ____ day of __________, 2024. ______________________, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, City Attorney
Richards, Watson & Gershon
1629
Ordinance 1597

Page 5 of 5 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that Ordinance 1597 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 12th day of December, 2023, and was duly adopted at a regular meeting of said City Council on the ___ day of ____________, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1630

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
Adam B. Rush, M.A., AICP
MEETING DATE: February 13, 2024
SUBJECT: Consideration and Introduction of Ordinance 1598, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions, and Making a Determination of Exemption under CEQA pursuant to CEQA Guidelines 15060(c)(2)(3) and 15061(b)(3) RECOMMENDATION:

Waive full reading and introduce, as read by title only, Ordinance 1598. An Ordinance of the City of Banning, California, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions.

BACKGROUND:

Assembly Bill ("AB") 2495 was approved by the Governor on September 5, 2018, and became effective on January 1, 2019. AB 2495 puts limitations on cost recovery by cities, counties, and cities and counties, in criminal code enforcement cases.

AB 2495 added Section 688.5 to the California Penal Code, which prohibits a local agency from charging a defendant for the costs of an investigation, prosecution, or appeal in a criminal case, including a criminal violation of a local ordinance.

Various state laws authorize local governments to declare what is a nuisance, and also to approach Code Enforcement either administratively, civilly or criminally. A local entity may also pursue cost recovery options as long as they have adopted a local ordinance specifically allowing for it. Typically, costs are recovered in connection with civil litigation or administrative enforcement actions. Before the enactment of AB 2495, some cities also sought recoupment of various enforcement costs in connection with criminal cases. AB 2495 was drafted in response. Before this change in the law, the recovery of attorney’s fees in connection with a criminal case was sought by some, but not all local agencies. But numerous local agencies regularly sought recovery of investigation costs and other costs incurred by code enforcement staff. Reimbursement of these enforcement costs was typically transparent — accomplished either by an agreement during the plea bargain process or by a judge’s order judge as restitution.

Under AB 2495, municipalities may still recover costs through administrative processes, but local agencies will no longer be able to seek costs related to the investigation and prosecution of a criminal case.
1631
JUSTIFICATION:

The City Council conducted a workshop on August 22, 2023 that reviewed the functions, resources and staffing associated with the Code Enforcement Division. In addition, the Council regularly receives updates on the Code Enforcement Statistics generated from the previous month. Currently, the Department is fully staffed within the parameters set by the City Council; nevertheless, the amount and complexity of active cases, combined with at least a half-dozen cases referred to the City's Code Enforcement Legal Counsel (Silver & Wright) and regular enforcement of unpermitted sidewalk street vendors, staffing resources are not sufficient to efficiently and effectively manage every element under our charge.

California Assembly Bill 2495 was approved by the Governor in 2018 and placed limitations on cities and counties concerning the recovery of costs in criminal code enforcement cases. Furthermore, this legislation prohibits a local agency from charging a defendant for the costs of an investigation, prosecution or appeal in a criminal case, such as criminal violations of a local ordinance.

Code Enforcement activities rarely result in 100% cost recovery of all labor and equipment costs (both "hard" and "soft" costs) and with the passage of AB 2495, the ability to recover costs associated with investigations and attorney's fees were further eliminated. These investigation services are required in order to ensure and preserve the Due Process Rights (4th and 14th Amendment protections afforded by the U.S. Constitution). As such, if detailed and timely investigations were not conducted, then the violators could have their cases dismissed based upon a "lack of due process protections", which further contributes to the degradation and blight of our community. In effect, the City is prohibited from collecting reimbursement from property owners and businesses that continue to operate illegally and perpetuate a public nuisance and threat to public safety.

However, a local entity may pursue cost recovery options as long as they have adopted a local ordinance specifically allowing for it. Ordinance 1598 has been prepared by the City's Code Enforcement legal counsel - Silver & Wright - and forwarded to City Council, by the Community Development Director, for introduction and first reading. Ordinance 1598 seeks to provide this enabling authority, which is provided under California Government Code Sections 36901, 38771, 38773.1, and 38773.5, as well as Article XI, Section 7 of the California Constitution. These Government Code provisions are rooted in the City’s authority, under Article XI, Section 7 of the California Constitution, which grants a city broad discretionary power to “make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws.”
In summary, these Government Code provisions allow the City Council to impose fines, penalties, and forfeitures for violations of ordinances. The City may fix the penalty by fine or imprisonment, or both; however, a fine may not exceed $1,000. In addition, Sections 38771, 38771, 38773.1, and 38773.5 allow the City to declare, by ordinance, what constitutes a public nuisance; meaning a use or property presents a clear danger to the safety or welfare of the public. Also, by ordinance, the City may establish a procedure to collect abatement and related administrative costs by nuisance abatement lien.

Subsequently, the City can record a special assessment against the subject parcel for said cost.

City staff has determined that the proposed Ordinance 1598 is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) of the CEQA Guidelines (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines Section 1632
15061(b)(3). Should the City Council adopt the proposed Ordinance 1598, staff will file the attached draft Notice of Exemption ("NOE") with the County and, pursuant to Senate Bill 69, will also file the NOE with the Office of Planning & Research (OPR).

FISCAL IMPACT:

The City's Code Enforcement Legal Counsel - Silver & Wright works on contingency, based upon the recovery of certain costs received through the Receivership Process that is pursued for properties that qualify as a Public Nuisance and constitute a clear threat to the Public Safety and Welfare. As such, no cost was incurred for Silver & Wright to prepare this Ordinance.

The City Attorney's Office has reviewed the formatting of the draft Ordinance, and provided suggested changes to staff, in their regular course of business operations and contracted services to the City. While a specific dollar amount is not yet tabulated, this review does not constitute more than a couple hours.

The Community Development Director acted as the primary staff contact with the City's Legal Team and prepared the staff report under his normal duties. As such, no additional costs were incurred that are not already allocated for this position.

Approximate Costs are: $2,670.00 in staff time and $750.00 in advertising with the Record Gazette.

ALTERNATIVES:

1. Waive full reading and introduce, as read by title only, Ordinance 1598. An Ordinance of the City of Banning, California, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions.

2. Do Not Conduct the First Reading and Provide Direction to Staff

3. Continue this Item and Provide Direction to Staff

4. Request Additional Input, Research, Justification, etc. from Staff ATTACHMENTS:

1. Banning - Ordinance 1598 (Nuisance Abatement Cost Recovery Program)-CLEAN.docx

2. 08-22-23 CC_Code E. Workshop.pdf

3. AB 2495.pdf

4. NOE Copy.pdf
1633
Ordinance 1598

Page 1 of 15 ends

ORDINANCE 1598

AN ORDINANCE OF THE CITY OF BANNING,
CALIFORNIA, ADDING A NEW CHAPTER 1.32 TO TITLE
1 OF THE BANNING MUNICIPAL CODE AND

AMENDING OTHER SECTIONS OF THE BANNING

MUNICIPAL CODE TO CREATE AND IMPLEMENT A

COMPREHENSIVE COST RECOVERY PROGRAM FOR

ALL NUISANCE ABATEMENT ACTIONS
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Findings and Purpose.

A. Article XI, section 7, of the California Constitution authorizes the City of Banning (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws.

B. Government Code Sections 36901, 38771, 38773.1, and 38773.5 authorize the City to enact ordinances establishing what constitutes public nuisances, procedures for abating nuisance conditions, procedures for recovery of all costs and attorneys’ fees related to abatement of nuisances, and procedures for collection of civil penalties.

C. Violations of the Banning Municipal Code (“BMC”) threaten the health, safety, and welfare of the public, burden scarce City resources, and diminish the quality of life in the City and, therefore, constitute public nuisances.

D. The City recognizes that responding to and abating public nuisances and other violations of law, including the BMC, is costly, time-consuming, and burdensome.

E. The City finds that effective code enforcement requires comprehensive cost recovery tools and procedures.

F. Recovery of costs from parties responsible for violating applicable laws and maintaining public nuisances will enable the City to replenish resources needed to meet the increasing demands on code enforcement and public services.

SECTION 2. The above recitals are true and correct and are incorporated herein 1634
Ordinance 1598

Page 2 of 15 ends

SECTION 3. California Environmental Quality Act Findings. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) of the CEQA Guidelines (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 4. Section 1.20.150 (“Procedures”) of Chapter 1.20 (“Administrative Citations”) of Title 1 (“General Provisions”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“1.20.150 - Procedures.

The city manager is hereby authorized to promulgate such policies and procedures as are necessary for the successful implementation of this divisions. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.”
SECTION 5. Section 1.28.070 (“Violations Deemed Public Nuisances”) of Chapter 1.28 (“General Penalty”) of Title 1 (“General Provisions”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“1.28.070 - Violations deemed public nuisances.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any other ordinance of the city, or any such threatened violation, shall be deemed a public nuisance and may be abated as such by the city, and each day that such condition continues shall be regarded as a new and separate offense. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.” SECTION 6. A new Chapter 1.32 is hereby added to Title 1 (“General Provisions”) of the Banning Municipal Code, and is to read in its entirety as follows:
“Chapter 1.32 COST RECOVERY
Sections:

1.32.010 - Cost recovery program.

1.32.020- Definitions.

1.32.030 - Nuisance abatement cost recovery.
1635
Ordinance 1598

Page 3 of 15 ends

1.32.040 - Attorneys’ fees and costs.

1.32.050 - Collection remedies.

1.32.060 - Administrative procedure for recovering abatement costs.

1.32.070 - Abatement costs hearing.

1.32.080 - Service.

1.32.090 - Nuisance abatement lien.

1.32.100 - Special assessment.

1.32.110 - Notice of pendency of nuisance abatement action.

1.32.120 - Collection by court judgment.

1.32.130 - Collection costs.

1.32.140 - Interest.

1.32.010 - Cost recovery program.

This chapter is intended to create a comprehensive cost recovery program as authorized by law for the abatement of public nuisances and the enforcement of this code.

The provisions of this chapter shall supersede and replace any inconsistent provisions contained within this code.

1.32.020 - Definitions.

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
“Abatement costs” means and includes all costs, expenses, fines, and fees, such as administrative expenses, administrative fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation costs, enforcement costs, abatement costs, litigation fees, litigation costs, hearing costs, attorneys’ fees and costs, and all other costs and expenses related to, arising out of, or incurred by the city relating to any enforcement action pursuant to this code to the fullest extent permitted by law. “City manager’s designee” means and includes the city manager or the person designated by the city manager to fulfill the responsibilities required by this chapter. “Collection costs” means any costs, expenses, or fees, including attorneys’ fees, that are incurred by the city to enforce or collect upon any unpaid abatement costs or any other amounts owed to the city or the public pursuant to this code. “Decision” means the decision of the hearing officer at the conclusion of an administrative hearing held in accordance with this chapter. “Enforcement Official” means and includes any city employee or agent of the city 1636
Ordinance 1598

Page 4 of 15 ends

authorized by this code, the city council, or the city manager to enforce any provision of this code.
“Hearing costs” means and includes all costs, expenses, and fees, including gearing officer fees and attorneys’ fees, related to any administrative hearing held pursuant to this chapter.
“Interested party” or “interested parties” means and includes each person or entity with a legal interest in any nuisance property that is the subject of a nuisance abatement action. “Invoice” means the invoice identifying all abatement costs that the city is entitled to recover related to a nuisance abatement action.
“Nuisance” and “public nuisance” means and includes any violations of this code, any adopted code, any state or federal law, or any other unlawful or nuisance condition. “Nuisance abatement action” means any code enforcement activity or nuisance abatement activity taken by the city, including, but not limited to, any legal action, administrative action, or civil action intended to cause or compel compliance with, or to enforce any, provisions of this code, any adopted codes, or any applicable state or federal laws. For purposes of the city’s cost recovery rights, a “nuisance abatement action” shall not include any criminal action or proceeding.
“Nuisance property” means the parcel of real property containing nuisance conditions that is the subject of a nuisance abatement action.
“Responsible party” or “responsible parties” means and includes all parties responsible for causing, allowing, or maintaining a public nuisance, including, but not limited to, the owners, trustees, managers, custodians, tenants, lessees, licenses, beneficiaries, and occupants of the nuisance property upon which a public nuisance was caused, allowed, or maintained.
“Requesting party” means and includes any responsible party or interested party to whom an invoice has been issued that properly requests a hearing on the amount of abatement costs as required by this chapter.

1.32.030 - Nuisance abatement cost recovery.

The city is entitled, and is hereby authorized, to recover all abatement costs related to, arising out of, or incurred by the city as a result of any nuisance abatement action to the fullest extent permitted by law. Each responsible party shall be jointly and severally liable to the city for all the city’s abatement costs.

1.32.040 - Attorneys’ fees and costs.
1637
Ordinance 1598

Page 5 of 15 ends

If the city elects at the initiation of any nuisance abatement action to seek attorneys’ fees, the prevailing party in such nuisance abatement action shall be entitled to recover its reasonable attorneys’ fees, not to exceed the amount of reasonable attorneys’ fees incurred by the city in the nuisance abatement action. In the event the city prevails, the attorneys’ fees awarded to the city shall be included as abatement costs. Non-prevailing parties shall be jointly and severally liable for all attorneys’ fees and costs owed to the prevailing party. The city shall be deemed the prevailing party in a nuisance abatement action if a nuisance condition is proven to have existed on a nuisance property when the city initiated its nuisance abatement action even if the nuisance condition is cured prior to the conclusion of the nuisance abatement action.

1.32.050 - Collection remedies.

In addition to any other remedy set forth in this code or provided by law, the city is authorized to initiate any administrative or civil action to recover all abatement costs, and to pursue recovery of all abatement costs in any nuisance abatement action to the fullest extent permitted by law. Each of the responsible parties shall be jointly and severally liable for all abatement costs. Unpaid abatement costs may be recovered as a lien and special assessment against the nuisance property, as provided in this chapter.

1.32.060 - Administrative procedure for recovering abatement costs.

A. The administrative cost recovery procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity.

B. In accordance with the provisions of this chapter, the city shall serve upon each responsible party and each interested party an invoice identifying all abatement costs related to a nuisance abatement action.

C. Any responsible party or interested party to whom an invoice has been issued shall have forty-five days from the date of the invoice to remit full payment of the invoice to the city. Payment shall be submitted to the city as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the nuisance property.

D. Any responsible party or interested party to whom an invoice has been issued may, within fifteen days from the date of the invoice, request a hearing on the amount of abatement costs. A request for hearing must be made in writing to the city clerk and contain the following information:

1. The requesting party’s full legal name.

2. The requesting party’s mailing address for service.
1638
Ordinance 1598

Page 6 of 15 ends

3. The requesting party’s phone number.

4. The amount of abatement costs disputed.

5. The specific legal and factual grounds for all disputes of the invoice and abatement costs.

E. The failure of any responsible party or interested party to properly and timely request a hearing shall constitute a waiver by that party of that party’s right to contest the invoice and the abatement costs, a waiver by that party of that party’s right to a hearing, a failure by that party to exhaust that party’s administrative remedies, a bar to any further challenge to the invoice and abatement costs by that party, and an admission by that party to that party’s liability for the abatement costs as assessed.

1.32.070 - Abatement costs hearing.

A. If a hearing is timely and properly requested, the city manager’s designee shall appoint a neutral and impartial hearing officer to hold and conduct an administrative hearing in accordance with this chapter. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer’s compensation, if any, shall be paid by the city; however, the non-prevailing parties shall be jointly and severally liable to reimburse the city for the costs of the hearing and the hearing officer’s compensation. The hearing officer’s compensation shall not be directly or indirectly conditioned upon the outcome of the hearing.

B. The city shall endeavor to set a hearing within sixty days from the date that a timely and proper hearing request is filed, or upon any other date mutually agreed upon by all parties to the hearing. The city shall provide notice of the date, time, and location of the hearing to all requesting parties at least ten days prior to the hearing. The hearing notice shall specify that failure by a requesting party to appear at the hearing will constitute a waiver of that party’s right to contest the invoice and the abatement costs, a waiver of that party’s right to a hearing, a failure by that party to exhaust their administrative remedies, a bar to any further challenge to the invoice and the abatement costs by that party, and an admission to that party’s liability for the abatement costs as assessed.

Failure by the city to strictly comply with this provision shall not invalidate the invoice, the decision, the hearing notice, the administrative hearing, nor the city’s cost recovery rights. The hearing officer shall hold an informal administrative hearing. Formal rules of evidence shall not apply to this hearing; however, there shall be an opportunity to present testimony, documentary evidence, and other evidence to the hearing officer, and to cross1639 Ordinance 1598

Page 7 of 15 ends

examine witnesses. Only the requesting parties and the city may participate in the hearing.

C. Administrative citations, administrative orders, administrative decisions, criminal convictions, civil judgments, and other similar proceedings, unless being actively and validly contested or appealed, shall be conclusive as establishing the adjudicated matters, such as the identity of the responsible parties and the existence of the nuisances, and those adjudicated matters shall not be subject to dispute at the abatement costs hearing.

D. The hearing officer may continue the hearing and request additional information as is reasonable and necessary.

E. Not later than thirty days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision approving, denying, or modifying the amount of the abatement costs that the city is entitled to recover. The hearing officer’s decision shall be final. The city shall serve notice of the hearing officer’s decision in accordance with this chapter. Failure by the hearing officer to strictly comply with this provision shall not invalidate the invoice nor the decision.

F. The hearing costs shall be advanced by the city; however, the non-prevailing parties shall be ultimately liable to reimburse the city for the hearing costs. If any cost recovery is upheld, even in part, the city shall be the prevailing party, and the requesting parties shall be liable to the city for the hearing costs in proportion to the amount of abatement costs upheld by the hearing officer. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties and shall not be liable to reimburse the city for the hearing costs.

G. If the city is the prevailing party, the hearing officer’s decision shall order the responsible parties to pay the confirmed amount of abatement costs to the city within thirty days, and shall specify that any confirmed abatement costs not paid within thirty days shall become a lien and special assessment against the nuisance property.

1.32.080 - Service.

A. Whenever a notice or document is required to be served by this chapter, unless specifically provided otherwise, it may be served by any one of the following methods:

1. Personal service on the party.

2. First-class or certified mail to the party at that party’s last known address. 1640
Ordinance 1598

Page 8 of 15 ends

3. By posting in a conspicuous place at the entrance to the nuisance property.

4. For any party registered with the Secretary of State, by certified mail to that party’s agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

5. By email when an email address is provided by that party.

6. In any other manner reasonably calculated to effectuate notice.

B. Service by posting shall be deemed effective at the time of posting. Service by mail shall be deemed effective upon deposit in the mail.

C. The failure of any party to receive any notice or document served in accordance with this chapter shall not affect the validity of the notice or document, the validity of its service, any proceeding conducted pursuant to that notice or document, nor the city’s cost recovery rights.

D. Unless otherwise provided in the invoice, all notices and documents required to be served on the city pursuant to this chapter must be personally served or mailed to the city clerk’s office. The notice or document must be received by the city within the time specified for service.

1.32.090 - Nuisance abatement lien.

A. If the abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the invoice has not been paid in full within the time designated by this chapter, the city may record a nuisance abatement lien against the nuisance property for any unpaid amount.

B. Prior to recording a nuisance abatement lien, the city shall serve notice of the lien on all persons or entities with a recorded interest in the nuisance property.

In addition, the owners of record shall be served with notice of the lien at the address provided in the last equalized assessment roll or the supplemental roll for the nuisance property, whichever is more current, in the same manner as a summons in a civil action in accordance with Code of Civil Procedure, part 2, title 5, chapter 4, article 3 (commencing with Section 415.10). If the owner of record cannot be found after diligent search, notice of the lien may be served by posting a copy of the notice in a conspicuous place upon the nuisance property for a period of ten days.
1641
Ordinance 1598

Page 9 of 15 ends

C. In the event that the lien is discharged, released, or satisfied, then notice of the discharge, release, or satisfaction shall be recorded on the nuisance property.

D. If the lien is not satisfied within ninety calendar days, the city may foreclose on the lien.

E. Notice of the lien shall be in the form substantially as follows:

NOTICE OF ABATEMENT LIEN
(Claim of City of Banning)
Pursuant to Banning Municipal Code (“BMC”) Chapter 1.32, on or about [MONTH] [DAY], [YEAR], the City of Banning (“City”) instituted a nuisance abatement action against the herein described parcel of real property intended to cause or compel compliance with the BMC. The City has incurred costs, expenses, and fees that have not been reimbursed by the responsible parties.

Accordingly, the City is entitled to, and hereby claims, a lien against the nuisance property in the amount of $[AMOUNT], plus interest, until this amount has been paid in full and discharged of record. The record owner of the nuisance property is [RECORD OWNER NAME]. The nuisance property is the parcel of real property located in the City of Banning, County of Riverside, State of California at [STREET ADDRESS], Banning, California [ZIP], Assessor’s Parcel Number [APN]. The legal description for the nuisance property is:
[LEGAL DESCRIPTION]
Dated: [MONTH] [DAY], [YEAR]
City Manager’s
Designee City of
Banning, California

1.32.100 - Special assessment.

A. If the abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the invoice has not been paid in full within the time designated by this chapter, the city may levy a special assessment against the nuisance property for any unpaid amount.

The special assessment may also be recorded against the nuisance property.

The recording shall specify that the nuisance property may be sold by the 1642
Ordinance 1598

Page 10 of 15 ends

county after three years by the tax collector for the unpaid delinquent assessments.

B. Prior to recording, the city shall serve notice by certified mail of the special assessment on all persons or entities with a recorded interest in the nuisance property.

C. Notice of the special assessment shall be provided to the tax collector for the county to add to the next regular tax bill levied against the nuisance property, and it shall be collected at the same time and in the same manner as ordinary taxes are collected, subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other taxes.

D. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

E. The recorded special assessment shall be in the form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT LIEN
(Claim of City of Banning)
Pursuant to Banning Municipal Code (“BMC”) Chapter 1.32, on or about [MONTH] [DAY], [YEAR], the City of Banning (“City”) instituted a nuisance abatement action against the herein described parcel of real property intended to cause or compel compliance with the BMC. The City has incurred costs, expenses, and fees that have not been reimbursed by the responsible parties.

Accordingly, the City is entitled to, and hereby claims, a special assessment lien against the nuisance property in the amount of $[AMOUNT], plus interest, until this amount has been paid in full and discharged of record. The record owner of the nuisance property is [RECORD OWNER NAME]. The nuisance property is the parcel of real property located in the City of Banning, County of Riverside, State of California at [STREET ADDRESS], Banning, California [ZIP], Assessor’s Parcel Number [APN]. The legal description for the nuisance property is:
[LEGAL DESCRIPTION]
Dated: [MONTH] [DAY], [YEAR]
City Manager’s
Designee City of
Banning, California

1.32.110 - Notice of pendency of nuisance abatement action. 1643
Ordinance 1598

Page 11 of 15 ends

Upon initiating any nuisance abatement action, the enforcement official may record a notice of pendency of nuisance abatement action (“NoP”) with the county recorder’s office.

The NoP shall identify the city’s enforcement and cost recovery rights. Any costs associated with recording, or withdrawing, a NoP shall constitute abatement costs subject to recovery pursuant to this chapter.

1.32.120 - Collection by court judgment.

In addition to any other available remedies, the city may bring a civil action and obtain a judgment in the superior court for the purpose of collecting any unpaid abatement costs imposed pursuant to this chapter. That action may be filed as a small claims, limited civil, or unlimited civil case, depending on the amount at issue.

1.32.130 - Collection costs.

The City is entitled to recover all collection costs incurred by the city to enforce or collect upon any unpaid abatement costs or any other amounts owed to the city or the public pursuant to this code. The parties owing the amounts being collected shall be jointly and severally liable to the city for those collection costs. The liable parties shall be given notice and an opportunity to contest the collection costs in the same manner as for abatement costs pursuant to this chapter. Collection costs are subject to enforcement and collection in the same manner and means as abatement costs.

1.32.140 - Interest.

The city is entitled to recover interest at the legal rate, currently ten percent per year, on any overdue abatement costs, collection costs, or other amounts owed to the city pursuant to this code. The liable parties for the overdue amounts shall be jointly and severally liable for the interest as well. Interest is subject to enforcement and collection in the same manner and means as abatement costs.”
SECTION 7. Section 5.04.290 (“Remedies Cumulative”) of Chapter 5.04 (“Licenses Generally”) of Title 5 (“Business Licenses and Regulations”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“5.04.290 Remedies cumulative.

The conviction and punishment of any person for engaging in any business without first obtaining a certificate to conduct such business shall not relieve such person from paying the business tax fee due and unpaid at the time of such conviction, nor shall the payment of any business tax fee prevent a criminal prosecution for the violation of any of the provisions of this chapter. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the 1644
Ordinance 1598

Page 12 of 15 ends

purpose of enforcing the provisions hereof. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.” SECTION 8. A new Section 8.12.110 is hereby added to Chapter 8.12 (“Registration of Vacant Properties”) of Title 8 (“Health and Safety”) of the Banning Municipal Code to read as follows:
“8.12.110 Additional authority.

In addition to the enforcement remedies established in Chapters 1.20 and 1.28 of this code, the City of Banning code enforcement division shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this chapter to implement additional maintenance and/or security measures including, but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of the property. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.”
SECTION 9. Section 8.32.130 (“Declaration of Nuisance”) of Chapter 8.32 (“Graffiti Prevention and Removal”) of Title 8 (“Health and Safety”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“8.32.130 - Declaration of nuisance.

The existence of graffiti within the city limits is a public nuisance and may be abated in accordance with the procedures set forth in chapter 8.48. The cost for the abatement of graffiti may be recovered in accordance with the cost recovery provisions also set forth in chapter 8.48. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.”
SECTION 10. Section 8.48.550 (“Nuisances—General”) of Article IV (“Cost Recovery”) of Chapter 8.48 (“Nuisances”) of Title 8 (“Health and Safety”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“8.48.550 - Nuisances—General.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code shall be deemed a public nuisance and may be summarily abated as such by the city, and each day such condition continues shall constitute a new and separate offense. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in 1645
Ordinance 1598

Page 13 of 15 ends

equity, including, but not limited to, those provided in Chapter 1.32 of this code.” SECTION 11. Section 10.28.170 (“Remedies”) of Chapter 10.28 (“Abandoned Vehicles” of Title 10 (“Vehicles and Traffic”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“10.28.170 - Remedies.

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of abating and removing an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.” SECTION 12. Severability. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 13. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.
1646
Ordinance 1598

Page 14 of 15 ends

__________________________, Mayor
City of Banning
ATTEST:

Caroline Patton, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, City Attorney
Richards, Watson & Gershon
1647
Ordinance 1598

Page 15 of 15 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that Ordinance 1598 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 13th day of February 2024, and was duly adopted at a regular meeting of said City Council on the 00th day of Month 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1648

CITY COUNCIL SPECIAL MEETING

CODE ENFORCEMENT WORKSHOP
AUGUST 22, 2023
The Code Enforcement division responds to citizen complaints and proactively identifies code violations on public and private property, protecting the health and safety of the community. This division also ensures voluntary resolution of issues City-wide by enforcing the City’s municipal codes. 1649
Empowering Legislation
 Article XI, Section 7, of the California Constitution  A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. (Sec. 7 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.)  Penal Code: Chapter 4.2 - Code Enforcement Officers [829.5 - 829.7]  Each local jurisdiction that employs code enforcement officers shall develop code enforcement officer safety standards appropriate for the code enforcement officers employed in their jurisdiction. (Added by Stats. 2021, Ch. 637, Sec. 2. (SB 296) Effective January 1, 2022.) 1650
Code Enforcement Definition
CODE ENFORCEMENT DEFINITION:
"Code Enforcement is the prevention, detection, investigation and enforcement of violations of statutes or ordinances regulating public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs."
1651
What is a Code Officer?
CODE ENFORCEMENT OFFICER DEFINITION:
"A Code Enforcement Officer is a sworn or non-sworn inspector, officer or investigator, employed by a city, or county, or city and county, who possesses specialized training in, and whose primary duties are the prevention, detection, investigation, and enforcement of violations of laws regulating public nuisance, public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs." 1652
What is a Code Officer? (cont’d)
Health & Safety Code CHAPTER 20. – Certified Code Enforcement Officers [26205 - 26217] (Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2.) (c) “Certified Code Enforcement Officer” or “CCEO” means a person registered or certified as described in this chapter.
(d) “Code enforcement officer” has the same meaning as defined in Section 829.5 of the Penal Code. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) 1653
Code Enforcement Definition (Expanded)
"Code enforcement is a function, local governments perform, that citizens consider important for accomplishing community goals, such as protecting property values and the environment. Code Enforcement is a process whereby local governments use various techniques to gain compliance with duly-adopted regulations such as land use and zoning ordinances, health and housing codes, sign standards, and uniform building and fire codes.

In recent years, federal and state regulations governing air and water quality and the transport and storage of hazardous wastes, and requirements for implementing the Americans with Disabilities Act have come into play. Local governments are now obliged to include enforcement of these rules and regulations in the array of responsibilities they assume for protecting the public health and welfare. 1654
Code Enforcement Definition (cont’d):
 Local enforcement officials ensure compliance with policies, codes, rules, regulations and permits in a proper, timely fashion within the limits of the law.  Officials must be fully acquainted with the adoption process and the thinking behind the regulations they enforce as well as the legal limits placed on them.  Conversely, those who write the laws must understand the problems particular to enforcement and administration as the codes and regulations are implemented.  The Code Enforcement Official is a unique public servant whose responsibility lies squarely between policy making and the realms of law enforcement and litigation.  Enforcement applies laws to specific properties, either by using warnings and notices to persuade voluntary compliance or by filing court actions.  Elected and Enforcement Officials are obligated to understand the management of the code enforcement function and the entire complex process. 1655
Code Enforcement Process
A complaint is
received, and a case is
opened. It’s referred
and closed if it
pertains to another
department.

An investigation is
launched. This may
include research,
interviews, sending
correspondence,
inspecting and making
determinations.

This step may include
written warnings,
orders to correct,
citations and fees,
vacating order, and/ or
enforcement of permits.

Can appeal to a
hearing officer.

Process includes
scheduling and
holding a hearing and
issuing final notices. A
decision is made.

Final processing
occurs when the
complaint is referred,
unfounded, or
abated. A case can
be closed at any
point in the process.
1 Step
Complaint
Received
2 Step
Initiate
Investigation
3 Step
Enforcement
(if necessary)
4 Step
Hearing
(if necessary)
5 Step
Close
Case
1656
Thank you!
Contact Information
Adam B. Rush, AICP
Community Development Director
(951) 922-3131
[email protected]
Contact Information
Curtis Wright, Esq.

Silver & Wright, LLP
(909) 833-5420
[email protected]
Questions & Comments?
1657
1658
1659

!"#$ %&'$()!" * +))$*,"'& > /?@@569A@14B::5:8B:CD9E9BF6G -. (/0123456789:6;<= 1H?HIAJKLMMNDAAOPPK QB6FBO9:RANS7TUVPWXKLMM SA2:R;S49FY 07CCF9EE< SA2:R;A@= 1FAZ96R[5R49= 6R7\\456B:R= 6R]A6BR5A:XQ\965@56= 1FAZ96R]A6BR5A:XS5R;=1FAZ96R]A6BR5A:XSA2:R;= ^9E6F5\R5A:A@_BR2F9N12F\AE9B:CI9:9@565BF59EA@1FAZ96R= _BO9A@123456789:6;7\\FA`5:81FAZ96R= 9A@19FEA:AF789:6;SBFF;5:8?2R1FAZ96R= aJ9O\RQRBR2E=b#c$#d *$e/ f5:5ER9F5B40Q96HWPLVL03<0P<g <g ^964BF9CaO9F89:6;0Q96HWPLVL03<0K<gPUWhT0B<<g aO9F89:6;1FAZ96R0Q96HWPLVL03<0M<gPUWhT03<06<<g i jk
l

]9BC789:6; SA:RB6R19FEA:=mmmmmmmmmmmmmmmmmmmmmmmmmmmm7F9BSAC9n[949\GA:9naJR9:E5A:= o%%"p$,qrs))p"#s*!/ tu7RRB6G69FR5@59CCA62O9:RA@9J9O\R5A:@5:C5:8H vuwBEB_AR569A@aJ9O\R5A:399:@549C3;RG9\23456B89:6;B\\FA`5:8RG9\FAZ96Rx y9E_A Q58:BR2F9=^BR9= z{|}~~|~} z{|}~{
} 72RGAF5R;65R9C=Q96R5A:EWPLVKB:CWPPPLN123456D9EA2F69ESAC9H^BR9D9695`9C@AF@545:8BR?1D= D9@9F9:69=Q96R5A:EWPPLVNWPPUWNB:CWPPUWHPN123456D9EA2F69ESAC9H SBR98AF56B4aJ9O\R5A:HQRBR9R;\9B:CE96R5A::2O39F= [5R49=

¡¢£¤¢¢ ¥¦¥§§§¨ ©¢¤ª¢ §«§¬¢®¯¤©¢ ©¢¤ª¢¥¦§°¨§ ±¤ª²¢³°¥¤¢¡´¤¢µ¢©¢ ¢²©¢¤¶¤¤¡¤¦··¸¹²¢¦º¢¡¢¦²» ¥¦¼ ©¢¤ª¢¹½ ¾µ¢¿¹²´·¹ª¤¥¦··¶¤²¢·¥¦··¦¢¤À¶¤²¢·¸¹¡º¢¤» ©¢¤ª¢ ¦±¤ª²¢µ¢¥·¤¥¦ªª¸¢®µ´¢¤³»Á§¾·¢³µ¢¿¹²´· ª¢ª¦¡¢ª±µ¢¤£¢²µ¢¿¹²´·ª¢¤¢¢ªÂ¡´·¢¡¢¡´¤¢µ¢©¢ ¢²©¢¤¶¤¤¡¤¦··¸¹²¢¦º¢¡¢¦²»¾µ±¤ª²¢´¤©ª¢·¢·¹µ¤¹ª¢¤¦ §¬°» ¹²· ª¢¤²¢¡¢¯© Ã ·¤©¤¡¢·Ä¹·¦²Åª»¾µ¢¹²·ªµµ±¤ª²¢¹ºÆ¢²µ¢·¤ ©¤¡¢·Ä¹·¦²¼ÇÄ¦È½´¹¤¹£¢²³°¨É¨¼²½¼§½µ¢Ä¦¹ª¢·¢¼µ¢²©®··¤¢¹· ª¤¢²¤¤¢º·¤¢¢¢º·¢ª¤¢²´µ²·²µ¢µ¢¢©¤¡¢½ª³°¨É¨¼²½¼Á½¼µ¢²©´¤Æ¢² ¢¢ª£¢²³°Á«Ê½º¢²¹¢µ´¢·¤¤¢¹·´µ²·²µ¢µ¢¢©¤¡¢¥ª¤¢²·¤ª¤¢²·» Å¹¤µ¢¤¥µ¢²©ª¢¢¡¢ª´¤Æ¢²¥µ¢¹²·ªµµ±¤ª²¢¢Ë¢¡´´¹¤¹Ä¦¹ª¢·¢ £¢²³°¨É³¼º½¼Á½»¦ª¡» ¹µ¥¦Â¶ ¼°³½§§ÌÁ³Á³ ³§Ì§ÊÌ§¨§Á ¡¡¹¯¢©¢·´¡¢¯¤¢²¤ Í Í ³§Ì§Ì§¨§Á
21080(b)(1); 15060(c)(2); 15061(b)(3); 15060(c)(3); and 15378. 1660

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: A'ja Wallace,
Lincoln Bogard, Administrative Services Director
MEETING DATE: February 13, 2024
SUBJECT: Consideration of Resolution 2024-01 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 24-25 A and B for the Period of July 2024 through June 2025 and Approving Certain Related Actions
RECOMMENDATION:

Staff recommends that the Successor Agency adopt Resolution 2024-01 SA.

BACKGROUND:

Pursuant to Health and Safety Code (the “HSC”) Section 34172(a)(1), the Community Redevelopment Agency of the City of Banning was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the City Council of the City of Banning previously elected to serve in the capacity of the Successor Agency. The Oversight Board has been established pursuant to HSC Section 34179 to assist in the wind-down of the dissolved Redevelopment Agency.

Per HSC Section 34177(o)(1), the Successor Agency is required to prepare a ROPS before each twelvemonth fiscal year period. Pursuant to HSC Section 34180(g), Oversight Board approval is required for the establishment of each ROPS. Pursuant to HSC Section 34177(o)(1), an Oversight Board-approved ROPS 24-25 A and B for the period of July 1, 2024 through June 30, 2025 must be submitted to the State Department of Finance, State Controller’s Office and to the County Auditor-Controller not later than February 1, 2024. The Oversight Board will approve the establishment of ROPS 24-25 A and B.

The Successor Agency staff has prepared the proposed Recognized Obligation Payment Schedule for the period of July 1, 2024, through June 30, 2025 ("ROPS 24-25"), substantially in the form shown in Exhibit "A", attached hereto and incorporated herein by this reference.

The Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2024, and continuing through June 30, 2025 (“FY 2024-25 Administrative Budget”), substantially in the form shown in Exhibit "B", attached hereto and incorporated herein by this reference.

Successor Agency is entitled to an administrative cost allowance (the “Administrative Cost Allowance”) pursuant to HSC Sections 34171(b) and 34183(a)(3) in the approximate amount of [$250,000] for the 2024-25 fiscal year of which approximately [$125,000] will be disbursed July 1, 2024, and approximately [$125,000] will be disbursed January 2, 2025.

JUSTIFICATION:

At its meeting on January 18, 2024, the Countywide Oversight Board for the Successor Agency 1661
(“Oversight Board”) to the dissolved Community Redevelopment Agency of the City of Banning (“Successor Agency”) approved the Fiscal Year 2024-2025 Recognized Obligation Payment Schedule (“ROPS”) with the adoption of Resolution 2024-024 (Oversight Board Resolution).

FISCAL IMPACT:

Per HSC Section 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations. The Oversight Board has approved the establishment of ROPS 23-24 A and B, which will ensure that the Successor Agency has the authority to continue to pay its enforceable obligations.

ALTERNATIVES:

1. Adopt Resolution 2024-01 SA as recommended.

2. Adopt Resolution 2024-01 SA with modifications.

ATTACHMENTS:

1. Resolution 2024-01 SA, ROPS 24-25 A and B.docx

2. Attachment 1a-Exhibit A ROPS 24-25 City of Banning.pdf

3. Attachment 1b-Exhibit B City of Banning SA Admin Budget FY 24-25.pdf

4. Attachment 2-Resolution No. 2024-024_Banning SA ROPS 2024-25 and Admin Budget.pdf 1662
Resolution 2024-01 SA

Page 1 of 4 ends

RESOLUTION 2024-01 SA

A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BANNING, CALIFORNIA

APPROVING THE ESTABLISHMENT OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) 24-25 A & B FOR THE PERIOD OF JULY 2024 THROUGH JUNE 2025

AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, pursuant to Health and Safety Code (the “HSC”) § 34172 (a ) (1), the Community Redevelopment Agency of the City of Banning was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, the City of Banning previously elected to serve in the capacity of the Successor Agency to the Dissolved Community Redevelopment Agency of the City of Banning (the “Successor Agency”); and WHEREAS, per HSC § 34177 (o) (1), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (the “ROPS”) before each twelve-month fiscal year period; and
WHEREAS, pursuant to HSC § 34180 (g), the Countywide Oversight Board of the County of Riverside (the “Oversight Board”) approval is required for the establishment of each ROPS; and
WHEREAS, pursuant to HSC § 34177 (o) (1), an Oversight Board-approved ROPS 24-25 A and B for the period of July 2024 through June 2025 and it will be submitted to the State Department of Finance, State Controller’s Office and to the County Auditor-Controller not later than February 1, 2024; and
WHEREAS, pursuant to HSC § 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations; and WHEREAS, it is proposed that the Successor Agency approve the establishment of the Successor Agency’s ROPS 24-25 A and B, which is attached hereto as Exhibit “A”; and WHEREAS, the Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2024 and continuing through June 30, 2025 (“FY 2024-25 Administrative Budget”), substantially in the form shown in Exhibit "B", attached hereto and incorporated herein by this reference; and
WHEREAS, ROPS 24-25 A and B will be submitted to the Oversight Board for approval to ensure that the Successor Agency has the authority to continue to pay its enforceable obligations; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Dissolved Community Redevelopment Agency of the City of Banning, as follows:
1663
Resolution 2024-01 SA

Page 2 of 4 ends

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this resolution.

SECTION 2. The Successor Agency’s ROPS 24-25 A and B for the period of July 2024 through June 2025, which is attached hereto as Exhibit “A”, is approved, inclusive of each enforceable obligation.

SECTION 3. The Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2024 and continuing through June 30, 2025 (“FY 2024-25 Administrative Budget”), substantially in the form shown in Exhibit "B", attached hereto and incorporated herein by this reference.

SECTION 4. The amount requested for enforceable obligation No. 12, the Successor Agency’s Administrative Allowance, is consistent with the provisions of HSC § 34171 (b) and is thus considered fair and reasonable.

SECTION 5. The City Manager, as the Successor Agency’s Executive Director or designee, is authorized to: i) post the ROPS 24-25 A and B on the City’s website, ii) transmit the ROPS 24-25 A and B to the Oversight Board, the State Department of Finance, State Controller’s Office and to the County Auditor-Controller for their review within the timeframe and in the manner prescribed by the HSC; and iii) make ministerial revisions to ROPS 24-25 A and B, which may include, but are not limited to restating the information included within ROPS 24-25 A and B in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution, and to implement ROPS 24-25 A and B on behalf of the Successor Agency, including authorizing and causing such payments.

SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of February 2024.

Alberto Sanchez, Chairperson
Banning Successor Agency
ATTEST:

Caroline Patton, Secretary
Banning Successor Agency
1664
Resolution 2024-01 SA

Page 3 of 4 ends

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, Agency Counsel
Richards, Watson & Gershon
1665
Resolution 2024-01 SA

Page 4 of 4 ends

CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Successor Agency, do hereby certify that the foregoing Resolution 2024-01 SA, was duly adopted by the Successor Agency of the City of Banning, California, at a regular meeting thereof held on the 13th day of February 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Successor Agency
1666
1667
1668
1669
1670
1671
"EXHIBIT B"
July to Dec Jan to June
ROPS 24-25A ROPS 24-25B
Administrative Cost Allowance HSC § 34171 (b) 125,000 125,000 Administrative Cost Allowance (ROPS 24-25): 125,000 125,000 Successor Agency Indirect Costs:

Salaries & Benefits 108,382 108,382
Projected Operating Expenses 12,151 12,151
Total Indirect Costs 120,533 120,533
Successor Agency Direct Costs:

Professional Services 1,213 1,213
Annual Audit 3,255 3,255
Miscellaneous Expenses
Total Direct Costs 4,468 4,468
Total Successor Agency Indirect & Direct Costs 125,000 125,000 Admin Costs
Successor Agency to the
Redevelopment Agency for City of Banning

ADMINISTRATIVE BUDGET
July 1, 2024 to June 30, 2025
Admin Cost Allowance
https://cibanningcaus.sharepoint.com/sites/financesp/Accounting Documents/Bonds and Other Long Term Debt/CRA/ROPS/ROPS 24-25/For County Oversight Board/City of Banning SA Admin Budget FY 24-25Admin ROPS 24-25 (2) 1672 1673
1674
1675
1676
1677
1678
1679
1680

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: February 13, 2024
SUBJECT: Consider of Stagecoach Days Memorandum of Understanding (MOU) RECOMMENDATION:

A motion to notify Stagecoach Days Association of the City's intent to extend the current MOU for one year with a termination date of June 21, 2025. A second motion directing the City Manager to work with the Stagecoach Days Association President to negotiate a new MOU that will be effective June 22, 2025, upon City Council approval.

BACKGROUND:

The Memorandum of Understanding (MOU) between the City of Banning and Stagecoach Days Association became effective June 22, 2021. The MOU term is three years from the effective date, with a two-year automatic extension, unless a party gives notice to the other party, not less than sixty (60) days prior to such anniversary date, that the term of the MOU shall not be extended. Therefore, if the City Council desires to not extend the MOU for years 4 and 5, notice must be given no later than April 25, 2024.

During the December 12, 2023 meeting, City Council created an ad hoc committee (Mayor Pro Tem Minjares and Councilmember Wallace) to meet with Stagecoach Days Committee members to discuss concerns. Mayor Pro Tem Minjares has reported positive outcomes from the meeting and recommended extension of the MOU for one year. In addition, it is recommended that during the next year, a new MOU should be drafted to provide more clarity regarding responsibilities and expectations of each party.

JUSTIFICATION:

Stagecoach Days is designated as a signature event in Banning. As the largest and longest running annual community celebration in Banning, continuation of the annual celebration is a priority.

FISCAL IMPACT:

Extension for one year will commit the City to direct financial support of $30,500, event insurance and inkind contributions capped at $10,000.

ALTERNATIVES:
1) Take no action - MOU will automatically extend for two years; 2) Adopt recommended motions - MOU extended for one year and new MOU will be negotiated; 3) Motion to notify Stagecoach Days Association of intent to terminate MOU effective immediately - No commitment from City to support Stagecoach Days with direct or in-kind contributions.

ATTACHMENTS:

1. 2021 06 22_MOU_Stagecoach Days Association.pdf
1681
1682

Page 1 of 6 ends

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (“ MOU”) is entered into this 22nd day of June 2021 (“Effective Date”), between the Stagecoach Days Association, a California non-profit 501(c)(3) corporation ( the “ASSOCIATION”) and the City of Banning, a California municipal corporation ( the “CITY”), to memorialize the agreement of the parties concerning their ongoing relationship for the purpose of conducting the Banning Stagecoach Days Event (“ Stagecoach Days”).

Recitals
WHEREAS, since 2010, the ASSOCIATION has organized, promoted, and conducted Stagecoach Days as an annual event and community celebration.

WHEREAS, the CITY and the ASSOCIATION desire to work in cooperation and partnership with each other to annually produce Stagecoach Days; WHEREAS, the CITY seeks to continue support Stagecoach Days at a level that is consistent with recent years; and
WHEREAS, the ASSOCIATION and the CITY desire to enter into this MOU to delineate the parties’ respective rights and obligations and define their relationship for Stagecoach Days.

Agreement
NOW THEREFORE, for these reasons, and in consideration of the conditions, covenants, and agreements set forth below, the ASSOCIATION and the CITY agree as follows:

1. RELATIONSHIP BETWEEN THE PARTIES
The parties agree that the relationship of the parties is between two separate and independent entities. There is not a joint venture, partnership, employeremployee relationship or any principal- agent relationship.

2. EXCLUSIVITY
The ASSOCIATION shall have exclusive operational and vending control over and within the geographic area and locations at which Stagecoach Days events will be conducted, as such geographic area and locations are defined in the event application and permits relating hereto. The CITY shall not (a) authorize or permit any other person or entity to conduct any other community event, or (b) grant any other person or entity a transient merchant license to conduct any type of business, within Dysart Park during the time period of two weeks before, two weeks after, and during Stagecoach Days, which begins the Friday after Labor Day and ends two (2) days later.

DocuSign Envelope ID: C452AAA4- 39FE- 474B-A2FF-725F3361DB4A 1683

Page 2 of 6 ends

3. ELEMENTS OF ANNUAL EVENT
The ASSOCIATION will organize, promote, and conduct the annual, threeday Stagecoach Days event and the annual Stagecoach Days Parade. The three-day event, depending upon budget, will consist of a minimum of two (2) Professional Rodeo Cowboy Association ( PRCA) Pro Rodeo events, multiple food, souvenir, and craft vendors, live music performances, and either a carnival or a “Kid’s Zone” with mutually agreed upon activities and attractions that are geared towards family entertainment.

The parade will be held on Ramsey Street, between San Gorgonio Avenue and 12th Street the Saturday morning of the three-day event and the ASSOCIATION will strive to have a minimum of forty (40) parade entries, including at least two (2) marching bands.

4. SECURITY FOR THE BANNING STAGECOACH DAYS EVENT
The ASSOCIATION shall be responsible for providing private security, as may be required, and which security is to be provided by guards that are licensed by the Bureau of Security and Investigative Services.

The CITY will provide police officers and volunteers at the three-day event and the parade as deemed appropriate by the Chief of Police, or his/her designee. The ASSOCIATION will not be charged for officers. However, the cost associated with police officers that are provided solely for Stagecoach Days and associated events will be charged against the total in-kind service donation of Ten Thousand Dollars ($ 10,000.00) discussed in Section 5 below.

5. IN-KIND SERVICES FOR BANNING STAGECOACH DAYS
Aside from the public- safety services outlined above, the CITY agrees to provide in-kind services to the ASSOCIATION commensurate with previous participation in the Stagecoach Days. The CITY’s in-kind contribution will be understood to include additional services and items required specifically for the Stagecoach Days, which the CITY would not provide in the absence of said event. Such in-kind services may include, but are not limited to:

Additional street sweeping;
Additional trash removal;
Placement and removal of barricades upon streets and public parking lots for various events and posting of “No Parking” signs as needed; Staff to assist with entry gates, parking and ticket booths; and DocuSign Envelope ID: C452AAA4- 39FE- 474B-A2FF-725F3361DB4A 1684

Page 3 of 6 ends

Other similar services that the CITY has provided to the ASSOCIATION for the production of the annual event.

The CITY will also designate the Parks and Recreation Director, or his/her designee, to facilitate and coordinate the ASSOCIATION’ s requests for inkind services and to manage the Stagecoach Days community event application process to facilitate timely approvals.

The CITY shall facilitate the necessary multi-departmental meetings with representatives of the ASSOCIATION to outline the in-kind services requested by the ASSOCIATION and those deemed necessary by the CITY in preparation and execution of the annual event.

No later than sixty (60) days prior to the Stagecoach Days event, the ASSOCIATION will provide detailed plans and information outlining the need for in-kind services and equipment ( except as otherwise noted for specific items covered in this MOU). This information shall include any plans, information, and applications for new associated events that may necessitate additional in-kind CITY services, equipment, staff, or other in-kind contribution.

No later than forty-five (45) days prior to Stagecoach Days, the CITY will estimate the value of the CITY’s in-kind contribution by utilizing the salary costs associated with CITY staff, equipment costs, the rental value of items and facilities that will be used and any additional actual costs incurred by the CITY. The CITY will ensure the requested in-kind services and equipment align with prior-years’ in-kind contributions, which are capped at, and will remain capped at Ten Thousand Dollars ($ 10,000.00) annually.

6. CITY SPONSORSHIP
In addition to the in-kind services outlined in Section 5 above, subject to the sufficiency of annual appropriations properly budgeted and available for such purposes, the CITY will provide the ASSOCIATION with a Twelve Thousand Five Hundred Dollar($ 12,500) in cash sponsorship for Stagecoach Days, will rent bleachers for the event in an amount not to exceed Eighteen Thousand Dollars ($ 18,000), and will provide necessary event insurance. In exchange, the ASSOCIATION shall include the CITY as a sponsor, providing the CITY with sponsor promotion, recognition, and all other benefits commensurate with its level of support.

7. APPLICATION PROCESS
DocuSign Envelope ID: C452AAA4- 39FE- 474B-A2FF-725F3361DB4A 1685

Page 4 of 6 ends

Annually the ASSOCIATION agrees to provide to the CITY a report that includes essential details of the Stagecoach Days event in a format approved by CITY staff. Such a report will be deemed sufficient for properly processing a Special Event Application. All additional applicable licenses required by the CITY must be completed and submitted with the Special Event Application.

All proposed activities must be submitted by the ASSOCIATION for approval by the CITY no later than forty-five (45) days prior to the first day of the event.

8. INDEMNIFICATION
To the fullest extent permitted by law, each party agrees to indemnify and hold harmless the other party, its governing board or body, officers, agents, and employees against any and all claims, damages, liabilities, injury expenses, demands, causes of actions, and judgments, including court costs and attorneys’ fees, arising out of or resulting from the performance of this MOU and attributable to the other party’s negligence or intentional acts of its officers, agents, or employees. Following a determination of the percentage of fault or liability by agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this MOU for the percentage of liability determined.

The parties agree this provision shall survive the expiration or termination of this MOU.

9. COMPLETE AGREEMENT
The parties agree that this MOU constitutes the entire agreement of the parties and that no prior agreement or representation, written or oral, shall be binding or of any force or effect. Further, this MOU may not be amended, modified, altered, or enlarged except in writing signed by the duly authorized representatives of the parties hereto.

10. AGREEMENT BINDING
The parties agree that this MOU shall be binding upon the successors and legal representatives of the parties hereto. Neither party shall assign this MOU or any of their respective rights, obligations, or interest in it.

11. TERM
The term of this MOU will be for three ( 3) years from the Effective Date, with a two-year automatic extension, unless a party gives written notice to the other party, not less than sixty ( 60) days prior to such anniversary date, that the DocuSign Envelope ID: C452AAA4- 39FE- 474B-A2FF-725F3361DB4A 1686

Page 5 of 6 ends

term of the MOU shall not be extended. Such notice shall be given as provided for by Section 12 below. The CITY’s obligations in the second year of the term and any subsequent year(s) shall be subject to the sufficiency of annual appropriations properly budgeted and available for such purposes.

12. NOTICES
All notices with respect to this MOU shall be given by first class mail or handdelivery to the parties as follows:

CITY: ASSOCIATION:

City of Banning Stagecoach Days Association
Attn: City Manager Amy Pippenger
99 E. Ramsey Street P.O. Box 604
Banning, CA 92220 Banning, CA 92220

13. SEVERABILITY
If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: C452AAA4- 39FE- 474B-A2FF-725F3361DB4A 1687

Page 6 of 6 ends

IN WITNESS HEREOF, the duly authorized representatives of the parties are signing this MOU on the date set forth in the introductory clause.

CITY OF BANNING STAGECOACH DAYS ASSOCIATION
Doug Schulze, City Manager Amy Pippenger, Chairperson
ATTEST:

Caroline Patton, Deputy City Clerk Tayler Berghoefer, Secretary APPROVED AS TO FORM: [ Pursuant to California Corporations Code Section 313, both signature lines
must be executed unless the signatory
holds at least one of the offices
designated on each line.]
Kevin Ennis, City Attorney
DocuSign Envelope ID: C452AAA4- 39FE- 474B-A2FF-725F3361DB4A 6/ 22/ 2021
7/ 8/ 2021
7/ 8/ 2021
7/ 27/ 2021
7/ 27/ 2021
1688

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: February 13, 2024
SUBJECT: Consideration of Resolution 2024-25, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024-02 SA, Making Certain Findings Relating to the City of Banning's Creation of a Community Revitalization Investment Authority to Operate within the Community
RECOMMENDATION:
1) That the Successor Agency adopt Resolution 2024-02 SA; and 2) That the City Council adopt Resolution 2024-25.

BACKGROUND:

The Community Revitalization and Investment Authority (CRIA) in California, established by Assembly Bill 2 in 2015, offers several benefits for designated districts. CRIA works by enabling tax increment financing to fund projects within a designated Revitalization Area. As developers and businesses improve properties in the investment area, the higher appraised value results in greater property tax assessment. This increased revenue is then allocated directly to the CRIA for use only within the investment area. The CRIA can be created by a resolution of the governing body of a city or county, and once formed, it can conduct a variety of activities, including funding infrastructure improvements, affordable housing projects, seismic retrofits, property acquisition, tenant improvements, and undertaking brownfield cleanup
The CRIA is intended to provide a source of tax increment funding for infrastructure and housing in disadvantaged communities, and it does not require a public vote for creation or issuance of bonds. The CRIA's sponsoring jurisdiction can provide a loan to the CRIA in the interim period while the revenue is generated. Overall, the CRIA offers a way to revitalize areas without raising taxes, providing a sustainable way to fund much-needed projects.

Some of the key benefits include:

1. Increased Funding for Affordable Housing: CRIAs increase funding for and production of affordable housing in disadvantaged communities, with a mandatory affordable housing set-aside of 25%.

2. Powers of Eminent Domain: CRIA's entail the powers of eminent domain for the first 12 years, which can be used to acquire private property for public use with fair compensation to the property owner.

3. No Public Vote Required: Unlike some other financing districts, CRIAs do not require a public vote for creation or issuance of bonds, although they are subject to a majority protest at adoption.

4. Tax Increment Financing: CRIA's use tax increment funds to finance projects within a designated 1689
Revitalization Area, providing a mechanism for funding community improvements and economic development.

5. Job Creation and Training: The CRIA program can also lead to job creation and training opportunities through community revitalization and cleanup efforts, as evidenced by grants from the EPA's Brownfields Jobs Training Program.

The process for creating a Community Revitalization and Investment Authority (CRIA) in California involves several steps, as outlined by the California Government Code and various local government resources:

1. Feasibility Analysis: Conduct a feasibility analysis to determine if the creation of a CRIA is suitable for the community. This process has been completed.
2 . Community Outreach: Hold public informational meetings and provide notice of informational meetings to property owners and residents, typically at least 10 days prior to the meeting. City Council has previously completed this process. As a result, Council directed the City Manager to discuss creation of a joint City/County District with Riverside County. Meetings were held with Riverside County staff from 5th District Supervisor Gutierrez' office as well as staff from the County Executive's Office. Riverside County staff expected some additional incentive from the City. The conditions required by the County for partnership in the CRIA would render the CRIA financially infeasible for the City.

3. Resolution by Governing Body: A single-member CRIA (City only) may be created by resolution of the governing body. This is the next step required in the process, if Council desires to proceed.

4. Adoption of Revitalization Plan: Once formed, the CRIA board adopts a Revitalization Plan, which outlines the activities the CRIA will undertake, such as funding infrastructure improvements, affordable housing projects, seismic retrofits, property acquisition, tenant improvements, and undertaking brownfield cleanup. CRIA funds could be used for implementation of the recently adopted Downtown Revitalization and Complete Streets Plan.

5. Board Composition: The CRIA is governed by a board, typically made up of at least 3 members of a legislative body and 2 public members.

JUSTIFICATION:

A Community Revitalization Investment Authority (CRIA) will provide tools to achieve City Council goals of cleaning up the Ramsey Street corridor and creating a vibrant downtown.

FISCAL IMPACT:

CRIA funding capacity is estimated in the range of $23 to $46 million in present value terms.

ALTERNATIVES:

1. Approve Resolutions as recommended;

2. Do not approve Resolutions.

ATTACHMENTS:

1. Resolution 2024-25.docx

2. Resolution 2024-02 SA.docx

3. Banning CRIA Next Steps 2-13-2024.pdf
1690
Resolution 2024-25

Page 1 of 5 ends

RESOLUTION 2024-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

CREATING A COMMUNITY REVITALIZATION INVESTMENT AUTHORITY TO OPERATE

WITHIN THE COMMUNITY, AND MAKING CERTAIN FINDINGS AND TAKING CERTAIN

ACTIONS IN CONNECTION THEREWITH
WHEREAS, the California Legislature approved Assembly Bill 2 (Stats. 2015, c. 319, as amended), and thereby enacted Part 1 (commencing with Section 62000) of Division 4 of Title 6 of the Government Code (the “CRIA Law”) to create a planning and financing tool for local governments to address areas characterized by unsafe or unhealthy buildings in which persons live or work, conditions that make the viable use of buildings or parcels difficult, high business vacancies and lack of employment opportunities, and inadequate public improvements, water, or sewer utilities; and
WHEREAS, the CRIA Law authorizes cities to create a public body, corporate and politic known as a “Community Revitalization Investment Authority” (“CRIA”) to operate in the community, and to grant the CRIA jurisdiction to carry out a community redevelopment revitalization plan (“Plan”) within a community revitalization investment area (“Plan Area”); and WHEREAS, a CRIA may be created by the adoption of a resolution by the legislative body of a city, and the composition of the CRIA’s governing board is comprised of three (3) appointed members of the legislative body, and two (2) appointed members of the public that live or work within the Plan Area; and,
WHEREAS, a CRIA is an “agency” as described in subdivision (b) of Section 16 of the California Constitution for purposes of receiving tax increment revenues, with the powers and duties set forth in Government Code Section 62002, which include, but are not limited to: providing funding to rehabilitate, repair, upgrade, or construct infrastructure; providing for low- and moderate-income housing in accordance with Part 2 (commencing with Section 62100) of Division 4, Title 6 of the Government Code; remediating or removing a release of hazardous substances pursuant to the Polanco Redevelopment Act; providing for seismic retrofits or existing buildings in accordance with applicable laws and regulations; acquiring and transferring real property; issuing bonds in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code; borrowing money, receiving grants, or accepting financial or other financial assistance from the state or federal governments, or any other public agency or private lending institution; making loans or grants for owners of tenants to improve, rehabilitate, or retrofit buildings or structures within the Plan Area; and providing direct assistance to businesses within the Plan Area in connection with new or existing facilities for industrial or manufacturing uses; and, WHEREAS, following its creation, a CRIA is required to adopt a Plan that includes the elements set forth in Section 62003 of the Government Code, and a CIRA may carry out the adopted Plan within a Plan Area that satisfies the conditions and requirements set forth in subsections (d) or (e) of Section 62001 of the Government Code; WHEREAS, a CRIA’s adoption of a Plan must be considered at three (3) public hearings held at least thirty (30) days apart, and such public hearings must comply with the procedural and substantive requirements set forth in Section 62004 of the Government Code; 1691
Resolution 2024-25

Page 2 of 5 ends

WHEREAS, a CRIA formed by a city that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health & Safety Code may not become effective until the successor agency of the former redevelopment agency has adopted findings of fact that satisfy the requirements of subsection (b)(3) of Section 62001 of the Government Code; and,
WHEREAS, the City of Banning is a California general law city located in Riverside County; and,
WHEREAS, following the dissolution of the Banning Redevelopment Agency, the City has had difficulty remediating blighted conditions existing throughout the community, encouraging private investment and development in the area, attracting new to and retaining existing businesses in the community, funding vital development and infrastructure improvements, and providing affordable housing opportunities and programs for its residents, among other things; and,
WHEREAS, the City Council of the City of Banning therefore desires to create a CRIA to operate within its jurisdiction boundaries to address these issues, to support the economic revitalization of the community, and to address geographical areas within its boundaries marked by deteriorated buildings, conditions that make the viable use of buildings or parcels difficult, high incidents of business vacancies and unemployment, and inadequacies in public improvements and utilities; and,
WHEREAS, contemporaneously with adoption of this Resolution, the Successor Agency of the Former Banning Redevelopment Agency has adopted a Resolution making the findings required by subsection (b)(3) of Section 62001 of the Government Code; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The foregoing recitals are true and correct and incorporated herein this Resolution as substantive findings.

SECTION 2. Pursuant to Part 1 (commencing with Section 62000) of Division 4 of Title 6 of the Government Code, the City Council hereby creates, and authorizes and declares the existence of, a community revitalization investment authority within the City of Banning, to be known as the Banning Community Revitalization Investment Authority, a public body, corporate and politic (the “Authority”).

SECTION 3. The Authority is hereby authorized and directed to prepare and adopt a community revitalization and investment plan that complies with and satisfies the requirements of Section 62003 of the Government Code (“Authority Plan”), and is further authorized and directed to implement and carry out said plan within a community revitalization investment area that complies with and satisfies the requirements of subdivision (d) of Section 62001 of the Government Code (“Authority Plan Area”). The Authority is authorized and directed to take any and all actions necessary and appropriate to identify, prepare, and adopt the Authority Plan and Authority Plan Area.

SECTION 4. The City Council hereby appoints the following three (3) members of the City Council to the Governing Board of the Authority Governing Board (“City Council Members”):
1692
Resolution 2024-25

Page 3 of 5 ends

Member 1:

Member 2:

Member 3:

SECTION 5. The City Council Members shall appoint two (2) public members to the Governing Board of the Authority, and such persons shall either reside in or work within the Authority Plan Area (“Public Members”). City staff is hereby authorized and directed to prepare a draft Authority Plan (“Draft Plan”) for consideration by the Authority, and between publication of the notice for the first public hearing required by subsection (c) of Section 62004, and the date of the first public hearing on the Authority Plan, the City Council Members shall accept nominations for and make appointments of the Public Members to the Governing Board of the Authority. Such nominations and appointments of the Public Members shall be completed in the manner directed by the City Council Members. The Authority may, on its own initiative, or it shall upon the direction of the City Council, adopt rules and regulations governing the manner and method of future appointments to the Governing Board of the Authority, as well as the terms of office of members of the Governing Board of the Authority.

SECTION 6. Following its adoption of a Plan in accordance with Section 62004 of the Government Code, the Authority is hereby authorized and empowered to do all of the actions and activities authorized by the CRIA Law, including but not limited to those set forth in Section 62002 of the Government Code.

SECTION 7. This Resolution is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the actions authorized by this Resolution will not have an impact on the environment, in that the Authority’s adoption of the Authority Plan and Authority Plan Area are subject to future discretion of the Governing Board of the Authority, and the Authorities contents and scope of the Authority Plan and Authority Plan Area are too speculative at this time to enable environmental review.

SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of February 2024.

Alberto Sanchez, Mayor
City of Banning
1693
Resolution 2024-25

Page 4 of 5 ends

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
1694
Resolution 2024-25

Page 5 of 5 ends

CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-25, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of February 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1695
Resolution 2024-02 SA

Page 1 of 3 ends

RESOLUTION 2024-02 SA

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER BANNING

REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS RELATING TO THE CITY OF BANNING’S CREATION OF A COMMUNITY REVITALIZATION INVESTMENT AUTHORITY

TO OPERATE WITHIN THE COMMUNITY
WHEREAS, the California Legislature approved Assembly Bill 2 (Stats. 2015, c. 319, as amended), and thereby enacted Part 1 (commencing with Section 62000) of Division 4 of Title 6 of the Government Code (the “CRIA Law”) to create a planning and financing tool for local governments to address areas characterized by deteriorated buildings in which persons live or work, conditions that make the viable use of buildings or parcels difficult, high business vacancies and lack of employment opportunities, and inadequate public improvements, water, or sewer utilities; and
WHEREAS, the CRIA Law authorizes cities to create a public body, corporate and politic known as a “Community Revitalization Investment Authority” (“CRIA”) to operate in the community, and to grant the CRIA jurisdiction to carry out a community redevelopment revitalization plan (“Plan”) within a community revitalization investment area (“Plan Area”); and WHEREAS, a CRIA formed by a city that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health & Safety Code (the “Dissolution Law”) may not become effective until the successor agency of the former redevelopment agency has adopted findings of fact that satisfy the requirements of subsection (b)(3) of Section 62001 of the Government Code; and WHEREAS the City of Banning has heretofore created a redevelopment agency, known as the Banning Redevelopment Agency (“Former Agency”), which was dissolved by virtue of the Dissolution Law, and the Successor Agency to the Former Agency (“Successor Agency”) is charged with overseeing and effectuating the “wind down” of the Former Agency’s affairs in accordance with statutory mandates; and
WHEREAS, the City Council of the City of Banning will, contemporaneously with adoption of this Resolution, consider the creation of the Banning Community Revitalization Investment Authority (“Authority”) pursuant to the CRIA Law; and
WHEREAS, the Successor Agency desires to facilitate the creation and effectiveness of the Authority by adopting this resolution making the findings set forth in subsection (b)(3) of Section 62001 of the Government Code; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FORMER BANNING REDEVELOPMENT AGENCY HEREBY FINDS, DECLARES, AND RESOLVES as follows:

SECTION 1. The foregoing recitals are true and correct and incorporated herein this Resolution as substantive findings.

SECTION 2. Pursuant to subsection (b)(3) of Section 62001, and based upon staff presentations and reports, public testimony, and other matters presented during its consideration of this matter, the Successor Agency hereby makes the following findings of fact:
1696
Resolution 2024-02 SA

Page 2 of 3 ends

(A) The Successor Agency has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health & Safety Code, with such finding of completion dated April 13, 2013;
(B) Neither the City or the Successor Agency is currently or has been a named plaintiff in any litigation against the state in which assets of the Former Agency are the subject, and accordingly no assets of the Former Agency which are the subject of such litigation will be used to benefit any efforts of the Authority, and further that no assets of the Former Agency which may be the subject of any such future litigation will be used to benefit any efforts of the Authority unless such litigation has been resolved by entry of a final judgment by any court of competent jurisdiction and any appeals have been exhausted; and (C) The Successor Agency has complied with all orders of the State Controller pursuant to Section 34167.5 of the Health & Safety Code, as such orders and the Successor Agency’s compliance therewith are evidenced by the State Controller’s Asset Transfer Review for the City of Banning.

SECTION 3. The Secretary of the Successor Agency shall certify to the adoption of this Resolution, and it shall become effective immediately upon approval.

PASSED, APPROVED AND ADOPTED this 13th day of February 2024.

Alberto Sanchez, Chairperson
Banning Successor Agency
ATTEST:

Caroline Patton, Secretary
Banning Successor Agency

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, Agency Counsel
Richards, Watson & Gershon
1697
Resolution 2024-02 SA

Page 3 of 3 ends

CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Successor Agency, do hereby certify that the foregoing Resolution 2024-02 SA, was duly adopted by the Successor Agency of the City of Banning, California, at a regular meeting thereof held on the 13th day of February 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Successor Agency
1698
Prepared by:

Kosmont Companies
Community Revitalization and
Investment Authority (CRIA)
Next Steps for Implementation
February 13, 2024
1699
Executive Summary
Communicating in a Digital World
2 • City of Banning has potential for private sector investment and development across multiple opportunity site areas in the City
• Investments in critical infrastructure and property assemblage, particularly in the Downtown / Ramsey Street area, are needed to support investment and economic revitalization • A public/private financing strategy that includes Tax Increment Financing (TIF) financing in the form of a Community Revitalization and Investment Authority (CRIA) has been evaluated by staff and consulting firm Kosmont to be well-suited to capture value from new development to fund acquisition and infrastructure costs, particularly due to eminent domain authority of CRIA • CRIA funding capacity is estimated in the range of $23 to $46 million in present value terms (25% of funding being set aside for affordable housing uses, or $6 to $11 million) 1700
Executive Summary (Continued)
Communicating in a Digital World
3 • City staff and consultants have had multiple discussions with County of Riverside staff and elected officials, and the conditions required by the County for partnership in the CRIA would render the CRIA financially infeasible for the City
• It is thus suggested that the City proceed with CRIA implementation without the County • Purpose of today’s meeting is to formally create the CRIA entity and appoint City Councilmembers to the CRIA governing board
• Next steps include drafting the guiding CRIA Plan, followed by a set of public meetings and hearings to present and vet the CRIA Plan with the community • Completion of the CRIA formation process is anticipated in the Fall of 2024 1701
Outline
Communicating in a Digital World
4 1. Overview of TIF / CRIA

2. Banning CRIA Boundary and Strategic Considerations

3. Targeted Property Assembly Activities and Infrastructure Projects

4. Financing and Funding Alternatives

5. Next Steps
1702
5 $0M
$100M
$200M
$300M
$400M
$500M
$600M
0 5 10 15 20 25 30 35 40 45 50 55
Baseline Property Value
Property taxes continue to flow to City / County / Schools / Other Taxing Entities as normal New Property Value from
New Development / Rehabilitation
Available to TIF District
Years from District Formation
Assessed
Property Value
(A/V) within
TIF District
Boundaries
New Total
Value After
TIF District
Benefits all
Taxing Entities
Period of New
Development
Note: Illustrative. Conservative 2% growth of existing assessed value (A/V) shown; does not include mark-to-market increases associated with property sales.

What is Tax Increment Financing (TIF) –Not a New Tax
1703
CRIA Fundamentals
Communicating in a Digital World
6 Does NOT increase property taxes
Term 30 years to issue debt; 45 years to repay
Public agency separate from the city, county that created it; implements governing Governance document (CRIA Plan) City or County that meets disadvantaged community definitions (median income, unemployment, crime, deterioration) Eligibility
Mandatory public hearings for formation (includes protest opportunity); no public Approvals vote to issue debt Infrastructure, affordable housing, remediation, acquire and transfer property (incl. via eminent domain), loans and grants to property owners and businesses; 25% affordable housing set aside
Eligible
Projects
1704
7 CRIA versus Former Redevelopment Agencies
Sample of Similarities and Differences
Former RDA CRIA
Eligible Use of Funds • Infrastructure and affordable housing • Market-rate housing
• Parcel assembly
• Tax and other private business /
developer subsidies, incl. golf courses,
casinos, big box retail, auto malls
• Infrastructure and affordable housing
• Market-rate housing
• Parcel assembly
• Assistance to businesses
• Assistance not allowed for golf courses,
casinos, big box retail, auto malls
Eminent Domain /
Condemnation
• Allowed • Allowed for first 12 years of CRIA lifetime Eligible Areas • Must qualify as “blighted” with loose
definition
• “Blight” defined quantitatively
Governance • City Council or County Board
• School entity participation
• CRIA Board, including public members
(no school entities)
Formation • Vote of governing body, limited ongoing
review
• 3 public hearings, majority protest
opportunity, annual review required,
“check-in” at 15 years post-formation
1705
Why are Public Agencies Authorizing TIF Districts?
Communicating in a Digital World
8 1. Return on Investment: Private sector investment induced by district commitment accelerates growth of net fiscal revenues, job creation, housing production, essential infrastructure improvements

2. Ability to attract additional funds / other public money (“OPM”) – tax increment from other entities (county, special districts), federal / state grants / loans (e.g., for TOD, water, housing, parks, remediation)

3. Eminent domain authority (specific to CRIA)
1706
TIF Districts in Progress
Statewide
(Partial List)
Fully Formed In Formation Process Under Evaluation
Jurisdiction Purpose
Apple Valley Industrial and housing supportive infrastructure Banning Downtown revitalization, industrial infrastructure Barstow Industrial and housing supportive infrastructure Brentwood Housing, employment, and transit-supportive infrastructure Buena Park Mall reimagination, housing-supportive infrastructure Carson + L.A. County Remediation, affordable housing, recreation Citrus Heights Mall reimagination
Covina Downtown housing and blended use supportive infrastructure Fairfield Downtown, housing, and transit-supportive infrastructure Fresno Downtown, housing and transit-supportive infrastructure Fresno County Industrial and commercial supportive infrastructure Humboldt County Coastal mixed-use and energy supportive infrastructure Indian Wells Housing and tourism-supportive infrastructure Imperial County Industrial, renewable energy, and housing and infrastructure La Verne + L.A. County Housing and transit-supportive infrastructure Long Beach Economic empowerment and affordable housing
Los Angeles (Downtown, San Pedro, other) Affordable housing and transit-supportive infrastructure Los Angeles County Uninc. West Carson Housing / bio-science / tech infrastructure Madera County (3 Districts) Water, sewer, roads and other housing infrastructure Modesto + Stanislaus County Downtown, housing, and recreation infrastructure Mount Shasta + Siskiyou County Rural brownfield mixed-use infrastructure Napa Downtown, housing, tourism supportive infrastructure Oakland Affordable housing and infrastructure
Ontario Industrial and housing infrastructure
Palmdale + L.A. County Housing and commercial infrastructure Pittsburg Housing, commercial, and tech park infrastructure Placentia + Orange County Housing and TOD infrastructure Rancho Cucamonga Blended use and connectivity infrastructure Redlands Education related and blended use infrastructure Redondo Beach + L.A. County Parks / open space, recreation infrastructure Riverside Affordable housing and infrastructure
Sacramento County (Unincorporated) Industrial / commercial supportive infrastructure San Jose Affordable housing and TOD infrastructure
Sanger Housing and commercial supportive infrastructure Santa Cruz Downtown and blended use infrastructure
Santa Fe Springs Blended use infrastructure
Selma Water, sewer, and other housing supportive infrastructure Vacaville Housing and business park infrastructure
Yucaipa Housing and commercial infrastructure 1707
CRIA Qualification Analysis
+ Economic Development Opportunity Sites
10 Source: City of Banning, ESRI (2023)
• Income
• Unemployment
• Crime
• Planned and proposed projects
1708
Draft CRIA Boundary
Refined Iteratively Over the Last 12 Months
11 Source: City of Banning, Riverside County Auditor-Controller (2023) • Approx. 3,226 acres (22% of
Citywide acreage)
• Approx.$766.9M in existing
assessed value (32.7% of
Citywide A/V)
• (100% within the City of Banning)
1709
CRIA Boundary Land Uses
12 Source: City of Banning, General Plan and Zoning Map (2021) 1710 13 Potential Targeted Improvements
• Acquisition / assemblage of underutilized parcels for redevelopment, particularly along Ramsey Street
• Development off-site infrastructure (e.g., water / sewer / storm drain, other utilities) • Roadway, streetscape improvements
• Affordable housing
• Parks and open space
1711
14 Future Development Assumptions
Absorption Assumed over 30 Years
Note: AV at buildout values in current 2024 dollars.

Source: City of Banning Planning and Economic Development Staff, CoStar (2023) Area # SF or Units Estimated
AV Factor
Estimated
Total AV at Buildout
Residential 600 units $325,000 per unit $195 million
Industrial 3,000,000 SF $185 PSF $555 million
Cannabis/Flex Space 65,000 SF $165 PSF $11 million
Grandave Studios 225,000 SF $165 PSF $37 million
Retail 80,000 SF $250 PSF $20 million
Total New Development Assumed within CRIA Study Area $818 million 1712
15 Potential Partner Agencies
Property Tax Distribution
• Primary non-school recipients and potential
contributors of property tax are City of
Banning and County of Riverside
• City receives approx. 16% of every $1 collected
in property taxes within the CRIA Study Area
 City additionally receives equivalent of approx.
11% of property tax in lieu of MVLF, also
available to CRIA
• County receives approx. 11%
 County additionally receives equivalent of
approx. 9% of property tax in lieu of MVLF, also
available to CRIASchool-related entities
cannot participate
Tax Rate Area (TRA) weighted average distributions for CRIA Study Area shown. Post-ERAF (Education Revenue Augmentation Fund) distribution.

Parcels within former Redevelopment Agency Project Areas are subject to RPTTF revenue flow until expiration of ROPS obligations.

Source: Riverside County Auditor Controller (2023)
City
16%
County
11%
Other Entities /
Schools (not
eligible)
73%
Weighted Average Property Tax Distribution
within CRIA Study Area
1713
16 Scenario Analysis Summary Matrix
Boundary Scenario #2
CRIA Revenue
Contribution Scenario
Year 5
Accumulated
Revenue +
Bonding
Capacity*
Year 10
Accumulated
Revenue +
Bonding
Capacity*
45-Year
Present Value
@ 3%
25% Affordable
Housing
Set-Aside
A) City 25% Scenario $2,428,000 $7,593,000 $22,950,000 $5,738,000 B) City 50% Scenario $5,501,000 $15,831,000 $45,900,000 $11,475,000 City contribution includes contribution from both AB8 + MVLF in-lieu property tax. * Bonding capacity assumes Year 5 is first bond issuance for CRIA. “Year 5 means fifth year of revenue following district formation. Net proceeds shown. Bondable revenue assumes $25,000 admin charge, 150% debt service coverage. 6.5% interest rate; 30-year term. Proceeds net of 2% underwriter's discount, estimated reserve fund (maximum annual debt service), costs of issuance estimated at $350,000.

Source: Kosmont Financial Services (KFS), registered municipal advisor. 1714
17 Nominal vs. Present-Value Dollars
Revenue Allocation
Scenarios
Present Value Dollars
(3% Discount Rate)
Nominal 2024
Dollars
City 25% Scenario $23M $52M
City 50% Scenario $46M $103M
1715
18 Potential Cash Flow / Debt Issuance Approaches
• Kosmont Financial Services is in active discussions with public finance underwriters regarding CRIA debt issuances in other jurisdictions
• Underwriters have proposed several approaches for the leverage of CRIA tax increment for accelerated debt issuance (e.g., 2-3 years from CRIA formation), for example:
a) CRIA increment only
b) Overlapping CRIA and CFD (CFD Backstop) – landowners / developers must be willing to pay CFD special taxes in the short term (e.g., 5-10 years) until CRIA increment reaches a level to cover debt service
c) CRIA increment with City or County general fund backstop • There are advantages and disadvantages with each approach (e.g., upfront proceeds available, public agency risk, cost of capital)
• Additional alternatives are available if private sector partners (e.g., landowners / developers are willing to advance infrastructure funding in exchange for reimbursement from CRIA proceeds)
1716
19 CRIA Helps Attracts Other Funding
Federal & State Sources
 Cap-and-Trade / HCD grant & loan
programs (AHSC, IIG, TCC)
 Prop 1 bond funds / Prop 68
 SB 1 Road funds
 SB 2 Transfer Tax funds
 Federal DOT / EPA / EDA funding
Other Potential Funding Sources
 Development Agreement / impact fees
 Benefit assessments (e.g., contribution from CFD)
 Private investment
Communities with CRIAs are more likely to win state grant funding sources 1717
City “Return on Investment”
20 • Implementation of regional economic development policy objectives, including affordable housing, community revitalization in a Disadvantaged Community, quality of life improvement • Jobs and wages from both temporary construction activities and ongoing operation of new development, including 2,400+ permanent new jobs
• Acceleration of development and related fiscal revenues: $24.1 million in present value fiscal benefit for City General Fund over 45 years, net of tax increment contribution to EIFD, and net of estimated fiscal expenditures (45-year, 25% City allocation example) 1718
21 Fiscal ROI – Summary of Potential Net Fiscal Impacts Net of 25% Increment Contribution to Banning CRIA
Annual
(Stabilized
Year 20)
Year 0-45
Nominal
Total
Year 0-45
Present Value
@ 3.0%
City of Banning
Estimated Fiscal Revenues (Net of CRIA Allocation) $4,445,310 $205,601,200 $89,224,300 Estimated Fiscal Expenditures $3,083,000 $158,519,500 $65,168,600 Estimated Net Fiscal Impact to City $1,362,310 $47,081,700 $24,055,700 1719
22 Potential CRIA Formation Schedule
 Tax increment allocation begins fiscal year following district formation  Debt issuance, if desired, would occur after a stabilized level of tax increment has been established Target Date Task
TODAY: Feb 13, 2024 a) City adopts resolution creating the CRIA entity Feb-Mar 2024 b) CRIA drafts Community Revitalization and Investment Plan (CRIA Plan) Apr 2024 c) Distribute draft CRIA Plan to property owners and residents within CRIA boundary May 2024 d) Initial CRIA public meeting to present the draft CRIA Plan to the public and property owners Jul 2024 e) CRIA Public Hearing #1 to hear written and oral comments but take no action Jul or Aug 2024 f) City Council considers resolution approving the CRIA Plan and allocation of property tax increment to CRIA
Aug 2024 g) CRIA Public Hearing #2 to hear additional comments and take action to modify or reject Plan, if appropriate
Sept 2024 h) CRIA Public Hearing #3 to consider oral and written protests and take action to terminate proceedings or adopt CRIA Plan by ordinance
1720
23 Next Steps / Action Items
• For Tonight:
a) City Council to consider Resolution forming the CRIA entity b) Successor Agency to consider Resolution making findings of pre-requisites to CRIA formation
• Staff and consultants to prepare draft CRIA Plan, distribute publicly via mail and website, convene a public meeting of the CRIA to present the draft CRIA Plan (targeting May 2024) 1721
24 THANK YOU
Questions?
Kosmont Companies
1601 N. Sepulveda Blvd. #382 Manhattan Beach, CA 90266
Ph: (424) 297-1070 | Fax: (424) 286-4632
www.kosmont.com
1722
Disclaimer
25 The analyses, projections, assumptions, rates of return, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Project pro forma and tax analyses are projections only.Actual results may differ from those expressed in this analysis.

Discussions or descriptions of potential financial tools that may be available to the City are included for informational purposes only and are not intended to be to be “advice” within the context of this Analysis.

Municipal Advisory activities are conducted through Kosmont Companies’ affiliate, Kosmont Financial Services, which is Registered as a Municipal Advisor with the SEC and MSRB. 1723

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: February 13, 2024
SUBJECT: Consideration and Adoption of Resolution 2024-27, A Resolution of the City Council of the City of Banning, California, Authorizing a Waiver of Fees in an Amount Not to Exceed $20,000 for Habitat-for-Humanity of the San Gorgonio Pass, Associated with the Processing of a Tentative Parcel Map (TPM) on Three Parcels Located at the Southwest Corner of W. Wilson Street and N. 8th Street in the City of Banning (APNs: 540-033- 045, -046, and -047)
RECOMMENDATION:

City staff recommends that the City Council adopt Resolution 2024-27.

BACKGROUND:

Habitat-for-Humanity ("Habitat") is a global 501(c)(3) nonprofit housing organization working in local communities across all 50 states in the U.S. and in approximately 70 countries. Habitat's vision is of a world where everyone has a decent place to live. Habitat specializes in refurbishing and constructing new homes for low income residents in the community. Habitat for Humanity has been providing housing opportunities, in the San Gorgonio Pass Area, for the past nineteen years.

In January of 2020, the City Council previously approved a Fee Waiver of $20,000 for another property on Wilson Street which is constructed, occupied, and was recently dedicated to the new residents.

Habitat has completed several homes within the City of Banning and recently purchased three (3) additional properties (APNs: 540-033-045; -046; and -047) which is referenced herein. The requested Fee Waiver would incorporate the City's application fees for Development Review by Community Development, Public Works, Engineering, and Banning Electric. In addition, these fees also include the City providing customer service associated with the required Planning Entitlements, Public Hearings, Environmental Documentation and Clearance, and Plan Check by the Engineering Division. The City's Fee Estimate for provision of these services is no less than $23,370 a breakdown of which provided below:

PLANNING FEES
Final Parcel Map $992.00
Tentative Parcel Map $8,550.00
Environmental Assessment $8,505.00
Sub-Total: $18,047.00

ENGINEERING FEES
1724
Tentative Parcel Map - Preliminary $2,238.00
Final Parcel Map (Plan Check - 1st Sheet) $2,275.00
Final Parcel Map (Plan Check - Each Additional
Sheet)
$810.00
Sub-Total: $5,323.00
TOTAL FEES: $23,370.00
Furthermore, the Fee Waiver would cover costs incurred by the City's contracted Licensed Surveyor.

However, the request does not cover any Building or Public Works Permit Fees or Inspections, Development Impact Fees (DIF), or other ancillary costs (e.g., miscellaneous permit fees, utility account connections, landscape inspections, etc.). Plan Check and Permit Fees associated with future housing units are also not included in this Fee Waiver estimate.

If granted by the City Council, any fees that exceed the waiver of $20,000.00 would be the responsibility of the Applicant, Habitat-for-Humanity.

JUSTIFICATION:

According to the Public Policy Institute of California, The share of Californians saying, ‘housing or homelessness is the top issue facing the state’, has increased sharply and residents in all major regions express concern about housing affordability and homelessness. Californians spend disproportionate shares of their income on housing and about half say housing costs are a financial strain, which is a much higher share than 15 years ago. Affordability is a greater challenge in coastal areas, where two-thirds of Californians reside and a majority of Los Angeles residents, young adults, and African Americans have considered moving further Inland, due to the rise in housing costs. (Sources: Longitudinal data from PPIC Statewide Surveys, 2001–19).

This "Inland Migration" has been experienced by the City of Banning as seen through development of the Atwell project, which has sold over one-thousand homes since initial construction in March of 2020.

FISCAL IMPACT:

The fee waiver will have an impact (and reduction) to the City's General Fund in the amount of at least $20,000.00, with the total amount realized within Fiscal Year 2023/2024 (by June 30, 2023).

ALTERNATIVES:

1. Adopt Resolution 2024-27, authorizing a waiver of fees in an amount not to exceed $20,000 for Habitat-for-Humanity of the San Gorgonio Pass, associated with the processing of a Tentative Parcel Map (TPM) on three parcels located at the southwest corner of Wilson St and 8th Street in the City of Banning, CA. (APNs: 540-033-045; -046; and -047).

2. Approve the fee waiver request, but in a reduced amount to be determined by the City Council.

3. Do not approve the fee waiver request and provide alternative direction to Habitat-for-Humanity.

4. Continue the item and request that staff to provide additional research or information, as directed by the City Council.

ATTACHMENTS:

1. Resolution 2024-27, Habitat for Humanity Fee Waiver Request.docx

2. LAND USE EXHIBITS.pdf

3. January 14, 2020 - CC Agenda Packet & Minutes.pdf
1725
RESOLUTION 2024-27

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AUTHORIZING A WAIVER OF FEES IN AN AMOUNT NOT TO EXCEED $20,000 FOR

HABITAT-FOR-HUMANITY OF THE SAN GORGONIO PASS, ASSOCIATED WITH THE

PROCESSING OF A TENTATIVE PARCEL MAP (TPM) ON THREE PARCELS LOCATED AT THE SOUTHWEST CORNER OF W. WILSON STREET AND N. 8TH STREET IN THE CITY OF BANNING (APNS: 540-033-045; -046; AND -047)
WHEREAS, Habitat for Humanity (“Habitat”) is a global 501(c)(3) nonprofit housing organization working in local communities across all 50 states in the U.S. and in approximately 70 countries. Habitat's vision is of a world where everyone has a decent place to live; and WHEREAS, Habitat has recently purchased three parcels on N. 8th Street in the City of Banning identified as Assessor’s Parcel Numbers 540-033-045, 540-033-046, and 540-033-047; and
WHEREAS, Habitat intends to improve the properties by constructing affordable singlefamily residences in partnership with families in need of places to live; and WHEREAS, Habitat’s homebuyers help to build their own homes alongside volunteers and pay an affordable mortgage; and
WHEREAS, Habitat has requested the City’s approval of a waiver of (1) application fees for development review of the proposed projects by the Community Development Department, the Public Works Department, and the Electric Utility, and (2) fees for the City providing customer service associated with the required land use entitlements, public hearings, environmental documentation and clearance, and plan check (collectively, “Plan Check and Development Review Fees”); and
WHEREAS, the requested waiver of the Fees will have an impact (and reduction) to the City's General Fund in an amount up to $20,000.00, with the total amount realized within Fiscal Year 2023/2024 (by June 30, 2024); and
WHEREAS, according to the Public Policy Institute of California, “The share of Californians saying, ‘housing or homelessness is the top issue facing the state’, has increased sharply and residents in all major regions express concern about housing affordability and homelessness. Californians spend disproportionate shares of their income on housing and about half say housing costs are a financial strain, which is a much higher share than 15 years ago.

Affordability is a greater challenge in coastal areas, where two-thirds of Californians reside and a majority of Los Angeles residents, young adults, and African Americans have considered moving further Inland, due to the rise in housing costs.” (Sources: Longitudinal data from PPIC Statewide Surveys, 2001–19).

WHEREAS, this "Inland Migration" has been experienced by the City of Banning as seen through development of the Atwell project, which has sold over one-thousand homes since initial construction in March of 2020.
1726
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council authorizes the City Manager to waive the Plan Check and Development Review Fees not-to-exceed $20,000 for Habitat’s improvement of the parcels identified as APNs: 540-033-045, -046, and -047.

SECTION 2. The City Council directs the City Manager, or his designee, to work with Habitat’s representatives to process a Tentative Parcel Map (TPM) application and coordinate with internal City staff on the assignment and delegation of staff resources.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this Resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of February 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, City Attorney
Richards, Watson & Gershon
1727
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-27, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of February 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1728

HABITAT-FOR-HUMANITY PROPERTIES
1729

GENERAL PLAN LAND USE DESIGNATION/ZONING CLASSIFICATION 1730

ROAD/STREET ASSESTS
1731

SEWER ASSESTS
1732

WATER ASSETS
1733

CITY OF BANNING

CITY COUNCIL REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze , City Manager
MEETING DATE: January 14, 2020
SUBJECT: Resolution 2020-8, Authorizing Waiver of Fees for Habitat for Humanity to construct a Single -Family Residence ( SFR) located at Lot No. 17 (APN: 541- 042- 010), Wilson St. in the City of Banning, CA
RECOMMENDED ACTION:

Staff recommends the City Council adopt Resolution 2020- 8, authorizing waiver of fees for Habitat for Humanity to construct a SFR at Lot No. 17; which is located on Wilson St. in the City of Banning.

BACKGROUND:

Habitat for Humanity is a not for profit organization that specializes in refurbishing and constructing new homes for low income residents in the community. Habitat for Humanity has been engaged in the San Gorgonio Pass Area for the past nineteen years.

This not for profit has completed several homes within the City of Banning and recently engaged on another property; which is referenced herein. During the September 10, 2018 City Council meeting, an affordability covenant was executed to cover the cost of the fee waiver for a previous property; however, this funding source is no longer available to the City.

The requested fee waiver would incorporate the City’s application fees for Plan Check Review, Permits, Inspections, and Development Impact Fees ( DIF). The application of the WRCOG TUMF and WRMSHCP related impact fees are likely not applicable or waived based upon the implementing ordinances, respectively; however, the City does not administer either of these fee programs and the Community Development Department only collects the MSHCP impact fees as a “ pass through” to the Regional Conservation Authority ( RCA).

The total fee estimate is calculated by staff to be approximately $ 20,000; which is inclusive of the fees referenced above. This amount is only an estimate as plans have 2031734
Staff Report: Resolution 2020- 8
January 14, 2020

Page 2 of 2 ends

yet to be transmitted for plan check, inspections have not been conducted, and construction has not commenced.

JUSTIFICATION:

The Governor has declared a “ Housing Crisis” and signed 18 bills to increase housing production across all income categories in California. The provision of low cost and Affordable Housing is in short supply and the addition of new housing construction to the City’s existing housing stock provides for a wide range of economic benefits.

FISCAL IMPACT :

The fee waiver will have an impact to the City’s General Fund in the amount of approximately $ 20,000 realized within Fiscal Year 19/20.

OPTIONS:

1. Approve as recommended.

2. Do not approve and provide alternative direc tion.

ATTACHMENT :

1. Resolution 2020- 8
https:// banningca. gov/DocumentCenter/ View/ 6796/Attachment- 1---Resolution2020- 8

2. Fee Estimate Detail
https:// banningca. gov/DocumentCenter/ View/ 6795/Attachment- 2---Fee-EstimateDetail Approved by:

Douglas Schulze
City Manager
2041735
John Hagan asked if there were certain criteria required ( i.e. live in the district for 90 days).

The City Attorney explained that the only requirement is to be a registered voter
living in District 2 of the City of Banning.

Councilmember Welch provided some timeline information and recommended an informational workshop for anyone interested in applying.

The City Manager indicated he will also prepare a notice to mail out to District 2 registered voters.

A motion was made by Councilmember Happe, seconded by Councilmember Welch, to advertise and recruit a qualified candidate from District 2 for appointment to fill the vacancy until a candidate is elected during the regular election on November 3, 2020. Electronic vote was taken as follows; AYES: Andrade, Happe, Wallace & Welch
NOES: None
ABSTAIN: None
ABSENT: None
Action: Advertise and recruit to fill the vacancy in District 2.

2. Resolution 2020- 8, Authorizing Waiver of Fees for Habitat for Humanity to Construct a Single -Family Residence ( SFR) Located at Lot No. 17( APN:
541- 042-10), Wilson Street
Amy Minjares, Executive Director at Habitat for Humanity thanked the Council for their consideration ( Attachment 10).

A motion was made by Councilmember Welch, seconded by Mayor Andrade, to adopt Resolution 2020- 8, authorizing waiver of fees for Habitat for Humanity to construct a SFR at Lot No. 17, which is located on Wilson Street in the City of Banning. Electronic vote was taken as follows:

AYES: Andrade, Happe, Wallace & Welch
NOES: None
ABSTAIN: None
ABSENT: None

3. Statement of Investment Policy
Administrative Services Director Jennifer Christensen provided a presentation for this item ( Attachment 11). She pointed out that the policy included in the agenda packet

Page 14 of 84 ends

Regular City Council Meeting 01/ 14/ 2020 5: 00 p. m.
1736

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: February 13, 2024
SUBJECT: Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings
RECOMMENDATION:

A motion directing the City Manager to prepare a policy prohibiting the use of personal cell phones on the dais during public meetings.

BACKGROUND:

Council Member Flynn requested a future agenda item to discuss the use of personal cell phones on the dais. Many city councils have debated the issue of personal digital device use on the dais and some have adopted policies ranging from complete bans on use of personal devices to voluntarily turning off devices during meetings. However, it is frequently recognized that use of electronic devices is necessary because a growing number of cities no longer use printed agenda materials. In fact, many inland empire cities have transitioned to electronic agendas only.

While receiving text messages during meetings isn’t illegal, it could create legal problems if a council member receives a message pertaining to a quasi-judicial matter during a hearing if the message is not shared. Generally, city councils have recognized, at a minimum, the value of having personal digital devices for emergency communications with family members and care givers.

JUSTIFICATION:

A City Council policy and amendment to the Manual of Procedures would be appropriate, if the City Council supports a policy prohibiting the use of personal cell phones on the dais during meetings.

FISCAL IMPACT:

Staff time involved with preparation of a policy and resolution is estimated to be less than 10 hours at an average hourly rate of approximately $80 for a total cost of less than $1,000.

ALTERNATIVES:

1. Direct City Manager to prepare a policy and resolution prohibiting use of cell phones on the dais during public meetings.

2. Take no action.
1737

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: February 13, 2024
SUBJECT: Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass
RECOMMENDATION:

Discuss adding a City of Banning identifier to the San Gorgonio Avenue Overpass and provide direction to staff.

BACKGROUND:

Many City’s have begun to add architectural features including their names (“City Identifier”) on overpasses along interstates. These City Identifiers provide an opportunity for city’s to brand, create recognition and provide a positive image for existing and future residents and visitors traveling to and by their city’s, which could aid in additional economic development.

The City of Banning could add a City Identifier to the San Gorgonio overpass an enjoy those same benefits. In the limited research conducted by Public Work staff, it appears that a cost range for such an improvement could range from $500,000 to $1,500,000 depending on the design. The biggest challenge for this project would be funding. Funding sources could include grants (e.g. Clean California, etc.), finance districts (e.g. Infrastructure Finance Districts, etc.) and local funds. As of today the City does not have any funds allocated to this project.

If a majority interests exists, City Council could consider a few options:

Option #1: Do nothing.

Option #2: Direct staff to research grant opportunities and apply for grants as they become available.

Some grants may require a match, which could be funded by local funds or other sources.

Option #3: Direct staff to procure architectural services to develop several architectural renderings to choose from and to develop high level cost estimates. The results of these efforts could assist in bolstering the City’s grant applications.

The three options above are not intended to be an exhaustive list of options, but only those that would not require a large funding commitment at this time.

JUSTIFICATION:

A City Identifier on the San Gorgonio Avenue overpass could provide the City various benefits as described in this report.
1738
FISCAL IMPACT:

The cost for the preparation of a grant application(s) would range from $10,000 to $25,000 depending on the requirements of the grant guidelines and level of effort.

The cost for the preparation of architectural renderings and estimates would range from $20,000 to $30,000.

ALTERNATIVES:

1. Direct to move forward with one of the options listed in this report.

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Identifier Examples.pdf
1739
1740
1741
1742
1743

Banning City CouncilFebruary 13, 2024

Banning City Council
February 13, 2024