Banning City Council
February 13, 2024

The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 2/13/2024

CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn*
Council Member David Happe
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Marie Calderon, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works
Lincoln Bogard, Administrative Services Director
Adam Rush, Community Development Director
Ralph Wright, Parks and Recreation Director
Marisol Lopez, Economic Development Manager
*Participated via teleconference.

1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:22 p.m.

1.1. Invocation – Acting Chief of Police Thesier led the invocation.

1.2. Pledge of Allegiance – Council Member Happe led the Pledge of Allegiance.

1.3. Roll Call

COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 

2. AGENDA APPROVAL

2.1. Approve Agenda
Regular Meeting Minutes 2/13/2024 Page 2 of 13
Motion to approve the agenda, to place 8.2 before item 8.1.

Motion by Council Member Happe
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

3. PRESENTATIONS

3.1. Proclamation – American Heart Month

3.2. Proclamation – Black History Month

3.3. Proclamation – National Engineers Week

3.4. Quarterly Small Business Recognition – Donut De-Lite

4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that there was discussion and direction provided to staff, with no final nor reportable action.

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL

COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT

5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Mary Ann Rickena
• Inge Schuler
• Tania Hershey
• Keenan McCafferty
• Bill Hobbs
• Diego Rose
• Cindy Barrington
• Oleg Ivaschuk
• Richard Royce
• Jeffrey Platt
• Lily Aguilera

5.2. CORRESPONDENCE
None
Regular Meeting Minutes 2/13/2024 Page 3 of 13

5.3. APPOINTMENTS
None

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Southern California Association of Governments (SCAG) meeting and the Mayors and Council Members Academy in Monterey, CA.

Mayor Pro Tem Minjares reported on meeting with the Stagecoach Days Association Ad Hoc Committee and the CDBG Ad Hoc Committee.

Council Member Flynn reported on a meeting with Riverside County Transportation Commission (RCTC) and the Mayors and Council Members Academy in Monterey, CA.

5.5. CITY MANAGER REPORT
City Manager Schulze reported on employee benefits and the new Community Calendar.

5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.

5.7. CITY TREASURER REPORT
Treasurer Geronimo reported on a Budget and Finance Committee meeting.

6. CONSENT AGENDA

6.1 Approval of the Meeting Minutes for the January 9, 2024 City Council Meetings

6.2 Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023

6.3 Receive and File Cash and Investments Report for the Month of December 2023

6.4 Receipts, Disbursements, & Fund Balances Reporting for November and December 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date

6.5 Receive and File Police Department Statistics for the Month of December 2023

6.6 Receive and File Fire Protection Services Statistics for the Month of December 2023 and Annual Report for 2023

6.7 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports

6.8 Receive and File Code Enforcement Update and Statistics for the Month of December 2023 Recommendation: Receive and File Code Enforcement Update and Statistics for the Month of December, 2023.

6.9 Parks and Recreation Report of Monthly activities through the 2nd quarter of Fiscal Year 2023/2024 – December 2023

6.10 Consideration of Amendment No. 1 to the Purchase Order with Couts Heating and Cooling, Inc. of Corona, California for As-Needed HVAC services for City of Banning facilities in the amount of $15,000 for a total purchase order of $40,000

6.11 Accept as Complete Various Public Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration

6.12 Consideration of Resolution 2024-16, Approving Community Development Block Grant Consolidated Plan Needs Assessment for 2024-2029

6.13 Consideration of Resolution 2024-17, Approving Amendment No. 2 to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for an Regular Meeting Minutes 2/13/2024 Page 4 of 13
Additional Amount of $50,324.36 for the Design of the San Gorgonio Avenue and Railroad At-Grade Crossing Safety Improvements

6.14 Consideration of Resolution 2024-18, Approving an Updated Service Plan for Banning Connect Transit Services

6.15 Consideration of Resolution 2024-19, Approving the Reprogramming of Community Development Grant (CDBG) Funds for FY 2024-2025 in the Amount of $30,000 from Fire Station #89 to the Dysart Park Bleacher Project

6.16 Consideration of Resolution 2024-20, Authorizing the Acceptance of the Donation of Three (3) BMW Police Motorcycles from the City of Riverside Police Department

6.17 Consideration of Resolution 2024-21, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2024/2025

6.18 Consideration of Resolution 2024-22, Approving the Purchase of 50 Motorola APX NEXT Radios and Accessories

6.19 Consideration of Resolution 2024-23, Approving the Sole-Sourced Emergency Site Clean-up, Damaged Equipment Removal, Environmental Site Remediation and Security Guard Services Due to a Vandalism Fire at the Electric Utility’s Alola Substation at an Updated Total Expense of $382,206.57

6.20 Consideration of Resolution 2024-24, Approving the "Amended and Restated City of Banning Fee Agreement with Thompson Coburn LLP For Special Counsel Services” for an 8% Annual Increase in Hourly Legal Rates and to Update, Restate, and Amend Obsolete Provisions in the Agreement

6.21 Consideration of Resolution 2024-26, Approving SATEC ExpertPower Software-asa-Service (SaaS) Agreement

6.22 Consideration of Resolution 2024-28, Approving an InfoSend Master Service Agreement to Provide Data-Processing, Printing, and Mailing Services for Utility Billing

6.23 Consideration of WSPP Agreement/Confirmation between the City of Banning and the City of Burbank, CA for the Sale of Project Energy Bundled with the Associated Renewable Energy Credits (RECs)

6.24 Second Reading and Adoption of Ordinance 1599, an Ordinance of the City of Banning, California, Amending Table B (Public Safety Services) of Section 3.36.080 (Schedule of Fees and Service Charges) of Chapter 3.36 (Fee and Service Charge Revenue/Cost Comparison) of Title 3 (Revenue and Finance) of the Banning Municipal Code to Add References to Fees and Charges for Fire Inspections of Existing Businesses and Operational Fire Permits, and Making a Determination of Exemption from the California Environmental Quality Act Public Comment
None
Motion to adopt consent agenda items 6.1, 6.3 to 6.8, 6.10, 6.13, 6.17 to 6.21,

6.23 to 6.24.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Regular Meeting Minutes 2/13/2024 Page 5 of 13
Wallace, Colleen 
Motion approved by a vote of 5-0.

Mayor Sanchez announced a recess at 7:18 p.m. The meeting was reconvened at 7:32 p.m.

6.2. Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023 Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
None
Motion to table this item to the February 27, 2024 meeting.

Motion by Council Member Flynn
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.9. Parks and Recreation Report of Monthly activities through the 2nd quarter of Fiscal Year 2023/2024 – December 2023
Ralph Wright, Parks and Recreation Director, presented the staff report.

Public Comment
None
Motion to receive and file.

Motion by Council Member Happe
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Regular Meeting Minutes 2/13/2024 Page 6 of 13

6.11. Accept as Complete Various Public Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration Art Vela, Director of Public Works, presented the staff report.

Public Comment
None
Motion to accept as Complete Various Public Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.12. Consideration of Resolution 2024-16, Approving Community Development Block Grant Consolidated Plan Needs Assessment for 2024-2029
Laurie Sampon, Assistant City Manager, presented the staff report.

Public Comment
• Frank Connolly
Mayor Sanchez announced a recess at 8:14 p.m. The meeting was reconvened at 8:28 p.m.

Motion to adopt Resolution 2024-16.

Motion by Council Member Happe
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.14. Consideration of Resolution 2024-18, Approving an Updated Service Plan for Banning Connect Transit Services
Regular Meeting Minutes 2/13/2024 Page 7 of 13
Art Vela, Director of Public Works, presented the staff report.

Public Comment
• Frank Connolly
Motion to adopt Resolution 2024-18.

Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.15. Consideration of Resolution 2024-19, Approving the Reprogramming of Community Development Grant (CDBG) Funds for FY 2024-2025 in the Amount of $30,000 from Fire Station #89 to the Dysart Park Bleacher Project
Doug Schulze, City Manager, presented the staff report.

Public Comment
None
Motion to adopt Resolution 2024-19.

Motion by Council Member Happe
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.16. Consideration of Resolution 2024-20, Authorizing the Acceptance of the Donation of Three (3) BMW Police Motorcycles from the City of Riverside Police Department Derek Thesier, Acting Chief of Police, presented the staff report.

Public Comment
• Richard Royce
Motion to adopt Resolution 2024-20.

Regular Meeting Minutes 2/13/2024 Page 8 of 13
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.22. Consideration of Resolution 2024-28, Approving an InfoSend Master Service Agreement to Provide Data-Processing, Printing, and Mailing Services for Utility Billing
Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
• Frank Connolly
• Richard Royce
• Keenan McCafferty
Motion to adopt Resolution 2024-28.

Motion by Council Member Happe
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

7. PUBLIC HEARING(S)

7.1. 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 Regular Meeting Minutes 2/13/2024 Page 9 of 13
the 6th Cycle Housing Element and State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act Adam Rush, Community Development Director, introduced Emery Papp, Senior Planner, to present the staff report.

Public Comment
• Richard Royce
• Donald Bradshaw
• Keenan McCafferty
Motion to waive further reading and introduce, as read by title only, Ordinance 1600.

Motion by Mayor Sanchez
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-1.

Motion to continue the meeting past 10 p.m.

Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Mayor Sanchez announced a recess at 10:26 p.m. The meeting was reconvened at 10:39 p.m.

8. REPORTS OF OFFICERS

8.2. 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) Adam Rush, Community Development Director, presented the staff report.

Regular Meeting Minutes 2/13/2024 Page 10 of 13
Public Comment
None
Motion to waive further reading and introduce, as read by title only, Ordinance 1598.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.1. Consideration and Introduction of Ordinance 1597, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code
Doug Schulze, City Manager, presented the staff report.

Public Comment
• Richard Royce
• Daryl Terrell
Motion to waive further reading and introduce, as read by title only, Ordinance 1597.

Motion by Council Member Happe
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.2. 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) This item was heard before Agenda Item 8.1 under Agenda Item 2.1. See above.

Regular Meeting Minutes 2/13/2024 Page 11 of 13

8.3. 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 Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
None
Motion to adopt Resolution 2024-01 SA.

Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Motion to continue the meeting past 11 p.m.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion failed by a vote of 4-1 (requires a unanimous vote per policy in Resolution 2016-44).

Motion to adjourn the meeting.

Motion by Council Member Wallace
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Regular Meeting Minutes 2/13/2024 Page 12 of 13

8.4. Consider of Stagecoach Days Memorandum of Understanding (MOU)

8.5. 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

8.6. 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)

9. DISCUSION ITEM(S)

9.1. Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings

9.2. Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass

10. ITEMS FOR FUTURE AGENDAS

10.1. New Items

10.2. Pending Items:

1. Grow Banning (Sanchez)

2. Potential Grants to Fund Playhouse Bowl Improvements (Sanchez)

3. Food Desert Zoning Overlay (Minjares)

4. Beautification of San Gorgonio Overpass Funding (Gonzales)

5. Scope and Duties of the Budget and Finance Committee (Wallace)

6. Neighborhood Groups/Identities (Minjares)

7. Update on Community Garden (Flynn)

8. Public Notification Policy for Development Projects (Flynn)

9. Donation Policy (Flynn)

10. Zencity Contract (Flynn)

11. Comments Section on Agenda for Council Members (Flynn)

12. Cannabis Ordinance/Moratorium (Flynn)

13. Use of Personal Cell Phones on Dais (Flynn)

14. Zoom Options for Public Meetings (Flynn)

15. Ring of Honor (Minjares)

11. ADJOURNMENT
The meeting was adjourned at 11:03 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
Regular Meeting Minutes 2/13/2024 Page 13 of 13
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).

This entire meeting and all associated documents may be viewed here:
http://banning.ca.us/755/Agendas-and-Minutes---2024-to-Present ATTACHMENTS:

Exhibit A – City Manager’s Report Presentation
Exhibit B – Agenda Item 7.1: Staff Presentation
Exhibit C – Agenda Item 8.2: Staff Presentation
CITY MANAGER’S
REPORT
February 13, 2024
4850 Benefits
ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) 4850.
(a) Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3.

PUBLIC HEARING ITEM NO. 7.1 FEBRUARY 13, 2024 A Zoning Text Amendment (ZTA 23-97503) Amending the Definitions for HDR and VHDR zones in Section 17.08.010; Amending existing residential uses and adding new Permitted and Conditionally Permitted Uses for the Very High Density Residential Zoning District in Section 17.08.020, adding new Residential Development Standards for the Very High Density Residential zone in Section 17.08.030 (Chapter 17.08, ARTICLE I & II); Amending Commercial Zoning Districts (Chapter 17.12, Article 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 adopted Housing Element Programs and state law. BACKGROUND: On January 9, 2024, the City Council adopted the revised 6th Cycle Housing Element Update. In making this approval, 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. During Staff’s presentation, the City Council was advised that the following Programs in the 6th Cycle Housing Element will require amendments to Title 17, Zoning, of the Banning Municipal Code. The recommended amendments to Title 17 BMC are derived from the following Housing Element Programs: Program 4 – Amend density thresholds for MDR and VHDR zones Program 5 – Allow Affordable Housing developments “By Right” when 20% or more are affordable units Program 8 - Allow Supportive Housing By Right in Multi-Family and Mixed-Use zones Permit Group Homes with similar approval authority as Residential Care Facilities Program 9 - Per AB 101, allow residential care facilities by right in MU and non-residential zones Per AB 2162, allow transitional and supportive housing by right in residential zones BACKGROUND(Cont.): Program 9 - Allow farmworker housing in RA and RA-H zones by right • Ensure BMC is updated pursuant to latest ADU laws • 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 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 Program 27 - Periodically amend BMC to incorporate/integrate additional and/or new legislation changes to State Housing Laws Justification: The Housing Element is a State-mandated element 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 was readopted by the City Council on January 9, 2024, and was transmitted to HCD for Certification review on February 1, 2024. 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 also 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 and other negative incentives/sanctions can be imposed on the City.

Proposed Zoning Text Amendments: Proposed Zoning Text Amendments(Cont.): 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 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 Proposed Zoning Text Amendments(Cont.): Table 17.08.020 Permitted, Conditional and Prohibited Residential Uses 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 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 Zone R/A R/A/H RR RR/H VLDR LDR MDR HDR* MHP VHDR Proposed Zoning Text Amendments(Cont.): Zone R/A R/A/H RR RR/H VLDR LDR MDR HDR* MHP VHDR 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 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. 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.” Table 17.08.020 Permitted, Conditional and Prohibited Residential Uses Proposed Zoning Text Amendments(Cont.): Table 17.08.030 Residential Development Standards 1 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 0-1 2 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.) Multi- Family 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 40 8 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 Proposed Zoning Text Amendments(Cont.): Maximum Height (stories/feet) 2/35 2/35 2/35 2/35 2/35 2/35 3/45 7 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.” R/A R/A/H RR RR/H VLDR LDR MDR HDR MHP VHDR Table 17.08.030 Residential Development Standards 1 Proposed Zoning Text Amendments(Cont.): 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 Table 17.12.020 Permitted, Conditional and Prohibited Commercial and Industrial Uses Zone DC GC HSC PO I AI BP IMR Planning Commission Action: On January 10, 2024, the City of Banning Planning Commission held a public hearing to consider ZTA 23-97503. After considering evidence and testimony presented at the hearing, the Planning Commission voted all in favor to adopt PC Resolution 2024-02 recommending that the City Council adopt Ordinance 1600 and approve ZTA 23-97503.

Public Communication A Notice of Public Hearing was Published in the Record Gazette newspaper on January 2, 2024, and on January 9, 2024. No comments have been received either opposed to or for the project. Environmental Determination Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the Project is exempt from the California Environmental Quality Act (CEQA) subject 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. Subject to Section 15061(b)(3) (Review For Exemptions) of the CEQA Guidelines, no further analysis is required, and a Notice of Exemption has been prepared for the Project.

Correction The Draft Ordinance 1600 contains an error in Section 1.C. The Planning Commission date in this paragraph is incorrect and should be changed to January 10, 2024. Recommendation Make a Determination of Exemption from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines; and Approve and Adopt Ordinance 1600, with correction to Section 1.C., an Ordinance Amending Title 17 (Zoning) of the Banning Municipal Code as set forth in Exhibit A, amending Chapters 17.08 (Residential Districts) and 17.12 (Commercial and Industrial Districts) of Division II (Land Use Districts) of Title 17 (Zoning) of the BMC, and implementing State mandated legislation serving to decrease barriers to safe and affordable housing opportunities as related to multi-family, high-and very high density residential development. Alternative Actions: 1. Introduce Ordinance 1600 with modifications. 2. Remand to Planning Commission for further discussion. 3. Provide alternative direction to staff.

Thank you! Staff is Available for Questions Contact Information Emery J. Papp Senior Planner [email protected] Adam B. Rush Community Development Director [email protected] Fiscal Impact The costs associated with preparing the Ordinance and implementing the Zoning Text Amendment is minimal. Future residential or mixed-use 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.

CITY COUNCIL
REPORT OF OFFICERS ITEM 8.2
FEBRUARY 13, 2024
Introduction Introd n of Ordinance 1598. An Ordinance of the City
roduc
y of
uction of
f Banning,
Ordinance O
, California,
1598. A
, Adding
An
g a
n Ordina
a New
inance o
w Chapter
of
r 1.
the
City 1.32
to
City of
o Title
f B
e 1
Banni
of
nning
f the
g, Californi C
e Banning
rnia, Adding
g Municipal
ng a New
l Code
ew C
e and
Chapter 1.32
to Title d Amending
Other
e 1 of the B
Sections
Bann
of
ning
the
Municipa M l
Banning
Code and A
Municipal
Amendin
Code
ing
Other to
Create
Sectio
e and
ctions of the
d Implement a
e Banning Munic
a Comprehensive
nicipal
e Cost
l Code to
Create a t Recovery
Program
and
m for
Imple
r All
plement a
ll Nuisance
Comprehensiv
e Abatement
nsive Cost
t Actions
ost R
ns.

BACKGROUND:

Assembly Assem ly Bill ("AB") 2495 was approved by the Governor on September 5, 2018, and
sem
nd
embly Bi
d became
il
me
ll ( AB ) 24
e effective
249
ve
495
e on
5 w
on
was approv
n January
rov
ry
ov
1 ve
,
ve
1,
ed by
, 2019
t

9. he
. AB
G
AB
Govern
B 2495
rn
95 nor o
5 puts
on
ts
n Septembe
s limitations
er
ns
r 5,
s on
,
on
2018
n cost
8,
and be st
recovery
cam
ry
am
by
e
by
effectiv
cities,
tiv
s,
ve on Janua
counties,
nua
s,
ary
and
1 nd
, 201
cities

9. es
. AB
and
B
nd
2495 puts
counties,
s
s,
lim
in
mit
in
itations
criminal
on
al
n cos
code
st
recovery b de
enforcement
y
nt
y cities
t cases
ies,
es.

A local entity may also pursue cost recovery options as long as they have adopted
l
ed
e
a
entity
a local
y
a
may also
l ordinance
o
ce
pursue cos
e specifically
st
ly
t recover
y allowing
er
ng
ry
for
o
o
opt
r it
ption
it.

Typically, Typically, costs are recovered in connection with civil litigation or administrative
s
ve
sts are rec
e enforcement
co
nt
overed
t actions.
in con
. Before
nn
re
nec
e the
ti
he
ion with
e enactment
civ
t of
vi
of
il
AB
lit
AB
litigatio
B 2495
atio
95,
tio
5 on o
, some
or
adminis me
cities
minis
es
nistrati
also
rati
so
ative en
o sought
en
ht
nforcement
t recoupment
a
nt
act
t of
ti
of
ions. Be
f various
efo
us
efore the enactm
s enforcement
actm
nt
ctmen
t costs
nt
ts
t
s in
o
in
of AB 2495,
n connection
,
on
som
n with
me
cities a th
criminal
lso sou
l cases
ough
es.

The Code Enforcement Division is pursuing civil litigation on thirteen (13) NonCompliante nt
Enforcemen f
t Prolonged
en
ed
ent Divis
d Open
ivis
en
vision
n Cases
i
es
is pursu
s with
ursu
th
rsuin
h the
n
he
ng civi
e focus
il
us
l litigatio
s along
atio
ng
ation
the
n
he
n on thirtee
e Ramsey
rtee
ey
teen (13)
y Corridor
) No
or.

JUSTIFICATION:

Code Enforcement Enforce nt activities rarely result in 100% cost recovery of all labor and equipment
o
nt
orcemen
t costs
men
ts.
ent ac
. The
ac
he
ctivitie
e ability
es
ty
s r
to
ra
to
arely resu
o recover
su
e
ult in
r costs
n
ts
100% cost
s associated
r
ed
recover
d with
ver
th
ery of all labo
h investigations
or
ns
r an
s and
d
equipmen d
attorney's
en
y s'
nt cost
s fees
ost
es
sts. Th
s were
Th
re
he abilit
e further
t
e
ty to recove
r eliminated
er co
ed.

Ordinance Ordinan O ce 1598 seeks to provide this enabling authority, which is provided under
nan
er
nance 1598
r California
8 ia
8 seeks to pr
a Government
rovi
nt
ovide
t Code
this
e and
ena
d the
abli
he
bling authori
e California
hori
ia
ority, which
a Constitution
i
on.
s provid
. The
ovid
he
vide
e City
ed
unde ty
can
der Califo
n “make
lifo
ke
forni
and
ni
nd
ia Governm
d enforce
rnm
ce
nment
e within
C
in
Cod
its
d
ts
de and
s limits
d
ts
the
s all
e
l
e Califor
l local
for
a
fornia Co
l police,
Cons
e,
onstitutio
, sanitary,
on
y,
n. T
y, and
Th
nd
he Cit
d other
ty
can mak er
ordinances
ke
es
e an
s and
nd
nd
d enforce w
d regulations
with
ns
ithin
s not
n
ot
i
in
it
in
ts limits
n conflict
all lo
t with
o
th
ocal police
h general
ice
a
ce, sa
l laws
ani
ws.
anita
s.”
Ordinance Ordinanc Oe 1600 allows the City Council to impose fines, penalties, and forfeitures
e 16
es
1 s for
60 o
600 allows
r violations
s th
ns
th
of
h
o
he City Co
f ordinances
unc
es.
uncil
s.

The City may establish a procedure to collect abatement and related administrative
ay
ve
y establ
e costs
abl
ts
blis
by
is
by
sh a proced
y nuisance
oced
ce
cedure to c
e abatement
co
nt
ollec
t lien
ct
en
t ab
n and
bat
nd
bateme
d can
me
an
ment an
n record
an
rd
nd
a
d relate
a special
ed
administrativ al
assessment
a
nt
ative cost
t against
ost
st
sts b
t the
b
he
by nuisanc
e subject
anc
ct
nce abate
t parcel
batem
el.

PROPERTY ABATEMENTS (ex.):
2437 W. Lincoln St. (Soy La Pebbles)
Unpermitted storage of construction materials
Nuisance Nuisance Abatement Hearing (Oct. 2023) – Decision of Hearing Officer
nc
er
ce
in
e
in
e Abatem
n City’s
em
’s
ement He
s Favor
2735 W. Lincoln St. (“Burnt Out” Bldg.)
Compliance Agreement with New Owner
Voluntary Compliance for Demo
1240 W. Ramsey St. (“OYO Hotel”) – Demolished (Aug. 2023) SUCCESSFUL PROPERTY ABATEMENTS:

Ms. Lily Aguilera
SUCCESSFUL PROPERTY ABATEMENTS:

SUCCESSFUL PROPERTY ABATEMENTS:

Environmental Determination
Ordinance Ordinance 1598 is not subject to the California Environmental Quality Act (“CEQA”)
ce
”)
e 1598 is
pursuant
s
nt
no
to
ot
to
subject
Sections
t
ns
to the
15060
e Ca
60(c)(
alifo
)(2
ifo
)
forn
of
nia
of
a En
the
nvir
he
vironmen
CEQA
men
QA
ental Qualit
Guidelines
ity
es
y Ac
(the
ct
( CEQA he
activity
QA
ty
A )
y will
pu
l
pursuan
l not
suan
ot
uant t
t result
to
lt in
Se
a
ections
a direct
s
ct
1 t or
5 o
5060(c)(2)
r reasonably
o
ly
of the CEQ
y foreseeable
QA
le
A Guideline
e indirect
line
ct
ines (the
t physical
he
activit al
change
ty
ge
y w
in
will
n the
n
he
not result in a
e environment)
a
t)
dire
) and
ec
d
ct or r
d 15060
reas
60(c)(
sona
)(3
ona
)
nably
) (the
f
he
foreseea
e activity
ab
ty
l
y is
le
is
e ind
s not
d
ot
ir
t a
ect physica
a project
sica
ct
ica
t as
al
change s
defined
e
ed
in
in
n the envir
n Section
nvir
on
vironmen
15378
men
78)
ent) and
) because
15 it
50 it
060
t has
0(c
as
c)(
s no
(3
no
3) (the ac
o potential
ctiv
a
tivi
l for
it
or
ty is not
r resulting
a
ng in
p
in
project a
n physical
as
define al
change
ed
ge
d
to
i
to
n Se
o the
ect
he
ection 15378)
e environment,
b
t
because
, directly
i
ly
it
or
h
o
has no poten
r indirectly
ten
ly.
enti
y.

Further, Further, if the activity is deemed a project, the City Council finds that this Ordinance
i
ce
f
is
t
is
the activit
s exempt
vit
pt
vity is deem
t pursuant
eem
nt
em
to
me
to
ed a
o CEQA
p
QA
project, th
A Guidelines
e
es
e City Co
s Section
Coun
on
ouncil
n 15061
find
61(b)(
ds
)(3
s
).
that thi
. Should
is
Ordin ld
the
rdin
he
dinanc
City
nc
ty
ce is exemp
Council
emp
cil
mpt pursu
adopt
ursu
pt
rsuan
the
nt
he
t to CEQA
proposed
A
ed
Guidelines
Ordinance
S
ce
Sectio
1598
o
98,
on
8,
1506
staff
61 ff
1(b)
will
(3
ll
3). S
file
Sho
le
houl
the
ld
the Cit he
attached
ty
ed
y Counc
d draft
unc
ft
ncil adop
t Notice
dop
ce
p
of
t
of
t the propose
f Exemption
pose
on
osed O
n ("NOE")
rdin
")
rdinanc
) with
nc
th
ce
h the
1598,
e County
s
ty
taff
y and,
w
d,
will file
, pursuant
th
to
he
attach to
Senate
ed
e Bill
d
l
dra
l 69
af
69,
ft
,
t No
, will
t
l
ice o
l also
o
so
of Ex
o file
xem
le
emptio
e the
p
he
tion
e NOE
(
OE
( NOE
E with
E
th
) w
h the
wi
he
ith the
e Office
e
ce
Co
of
ounty and
f Planning
d,
ng
p
&
pursuant t
& Research
to
Senat ch
(OPR)
ate B
R).

RECOMMENDATION:

Waive full reading and introduce, as read by title only, Ordinance 1598
iv

98. ve
.
e f
An
fu
An
ull reading
n Ordinance
g
ce
a
of
n
of
nd in
f the
n
he
ntroduc
e City
duc
ty of
e
of
e, as rea
f Banning,
ad
g,
d by title
, California,
on
a,
only, O
, Adding
rdin
ng
din
g a
inanc
New
ce
1598. A w
Chapter
An

1. Or

1.32 rd
32 din
2 to
a
to
ance
o Title
o
le
of th
e One
he
ne
e C
of
ity
f the
of
he
of Banning
e Banning
n
ng
g, California
g Municipal
rnia
al
nia, A
l Code
Addi
de
dding a
e (BMC)
a
C)
New
) and
w
Chapter d
Amending

1.32 t
g Other
to
er
o Title O
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Thank you!
Staff is Available for Questions
Contact Information
Adam B. Rush, AICP
Community Development Director
[email protected]