Banning City Council
June 25, 2024

ACTIVE TRANSPORTATION PLAN
Visit the City of Banning website or scan the QR code to take the survey:

Visite el sitio web de la ciudad de Banning o escanee el código QR para realizar la encuesta:
www.banningca.gov
The City of Banning is developing its first Active Transportation Plan. The plan will identify strategies and improvements that will guide future investment to make walking, biking, and rolling across the City safer and more comfortable.

The project team is currently in the fact-finding period. This includes an analysis of the existing pedestrian and bicycle networks in addition to hearing from you about your needs as they relate to the transportation network.

This information will be used to start developing draft recommendations and identify locations where improvements should be made.

The project team needs your help! Please scan the QR code or visit the City of Banning website address below to take a short survey to provide feedback on walking, biking, and rolling in Banning. The survey is set to close March 31, 2023. Your feedback is vital in the development of Banning’s first Active Transportation Plan. The survey should take no longer than 10 minutes to complete. Help us make Banning a better place for walking, biking, and rolling.

Ciudad de Banning

PLAN DE TRANSPORTE ACTIVO
La Ciudad de Banning está desarrollando su primer Plan de Transporte Activo. El plan identificará estrategias y mejoras que guiarán las inversiones futuras para hacer que caminar, andar en bicicleta y rodar por la ciudad sea más seguro y cómodo. El equipo del proyecto se encuentra actualmente en el período de análisis. Esto incluye un análisis de las redes existentes para peatones y ciclistas, además de conocer sus necesidades en relación con la red de transporte. Esta información se utilizará para comenzar a desarrollar recomendaciones preliminares y para comenzar a identificar ubicaciones donde se deben realizar mejoras. El equipo del proyecto llevará a cabo una serie de actividades en persona en la primavera de 2023 para presentar estas ideas y obtener comentarios adicionales de la comunidad de Banning. ¡El equipo del proyecto necesita tu ayuda! Escanee el código QR o visite el sitio web de la ciudad de Banning a continuación para realizar una breve encuesta y proporcionar comentarios sobre caminar, andar en bicicleta y rodar en Banning. La encuesta está programada para cerrar el 31 de marzo de 2023. Sus comentarios son vitales en el desarrollo del primer Plan de Transporte Activo de Banning. Completar la encuesta no debería tomar más de 10 minutos. Ayúdenos a hacer de Banning un lugar mejor para caminar, andar en bicicleta y andar en bicicleta.

For more information on the
Banning Active Transportation
Plan, visit the project website at:
http://t.ly/I4yE
Para obtener más información
sobre el Plan de transporte activo
de la cuidad de Banning, visite el
sitio web del proyecto en:
http://t.ly/I4yE

APPENDIX C CONTINUED
977
182
APPENDIX CITY OF BANNING ACTIVE TRANSPORTATION PLAN | 2024 DRAFT REPORT

RANK STREET NAME TO FROM SCHOOL ZONE
(MAX. 100)

PROPENSITY
(MAX. 100)

B/P CRASHES
(MAX. 100)
EQUITY
(MAX. 100)
1 E Williams Street Sunset Avenue N Hathaway Street 57 100 32 94 2 Nicolet Street McGovern Avenue N Hathaway Street 86 91 20 83 3 N 16th Street Highland Springs Avenue W Ramsey Street 29 78 78 82 4 W Wilson Street Highland Springs Avenue N Blanchard Street 100 63 32 72 5 E Ramsey Street (mid) Sunset Avenue 8th Street 29 97 51 88 6 E Ramsey Street (east) Sunset Avenue 8th Street 29 81 52 100 7 Sunrise Avenue W Wilson Street Nicolet Street 29 59 95 74 8 N 8th Street W Indian School Lane W Ramsey Street 29 69 88 69 9 S 8th Street W Ramsey Street Westward Avenue 14 75 60 84 10 Omar Street W Wilson Street W Ramsey Street 0 66 100 70 11 W Ramsey Street Highland Springs Avenue Sunset Avenue 14 69 75 70 12 Sunset Avenue North of W Wilson Street W Westward Avenue 29 66 54 71 13 N 22nd Street Sunset Avenue W Ramsey Street 29 94 0 88 14 San Gorgonio Avenue Bluff Street Old Idyllwild Road 43 78 9 77 15 E Westward Avenue Sunset Avenue San Gorgonio Avenue 43 63 14 87 16 N Almond Way E George Street Nicolet Street 29 75 0 100 17 E George Street N Almond Way N Blanchard Street 29 66 0 100 18 Hargrave Street E Repplier Road E Porter Street 29 59 14 90 19 W Lincoln Street Sunset Avenue San Gorgonio Avenue 43 63 0 80 20 N Evans Street E George Street E Williams Street 14 66 0 100 21 N Blanchard Street E Indian School Lane E George Street 29 53 0 100 22 Sunrise Avenue W Ramsey Street W Westward Avenue 29 66 0 84 23 N Hathaway Street Morongo Road E Ramsey Street 14 66 0 97 24 Charles Street San Gorgonio Avenue east of wastewater ponds 14 59 0 87 25 E Indian School Lane San Gorgonio Avenue N Blanchard Street 0 41 25 100 26 Highland Home Road 14th Street W Ramsey Street 14 56 0 70 27 W Jacinto View Road Omar Street McGovern Avenue 0 69 0 70 28 Sun Lake Boulevard Highland Springs Avenue S Highland Home Road 0 63 0 74 29 W Westward Avenue S Highland Home Road Sunset Avenue 14 41 0 84 30 McGovern Avenue W Wilson Street W Jacinto View Road 0 66 0 70 31 Meadowline Way Highland Springs Avenue Highland Home Road 0 53 0 70 32 Highland Springs Avenue Brookside Avenue South of Sun Lake houses 0 47 18 54 33 W Indian School Lane N 8th Street N San Gorgonio Avenue 0 50 0 42

6.4 APPENDIX D - CITYWIDE PROJECT LIST WITH ASSIGNED SCORES 978
183
CITY OF BANNING ACTIVE TRANSPORTATION PLAN | 2024 DRAFT REPORT APPENDIX

TOTAL SCORE
(MAX 400)

SCHOOLS
WITHIN 1/4 MILE
OF CORRIDOR*

BIKE/PED COLLISIONS
SCORE ***

PER MILE

PROPENSITY, ORIGINS CENSUS

TRACTS, DESTINATIONS POINTS,
PROXIMITY POLYGONS STACKED**

CALENVIROSCREEN

4.0 TRACTS TOUCHING
CORRIDOR****

PRIMARY OR

SECONDARY
283 4 2.1 32 85 Secondary
280 6 1.3 29 75 Secondary
267 2 5.1 25 74 Secondary
267 7 2.1 20 65 Primary
265 2 3.3 31 79 Primary
262 2 3.4 26 90 Primary
257 2 6.2 19 67 Secondary
255 2 5.7 22 62 Primary
233 1 3.9 24 76 Primary
236 0 6.5 21 63 Secondary
228 1 4.9 22 63 Primary
220 2 3.5 21 64 Primary
211 2 0 30 79 Secondary
207 3 0.6 25 69 Primary
207 3 0.9 20 78 Primary
204 2 0 24 90 Secondary
195 2 0 21 90 Secondary
192 2 0.9 19 81 Primary
186 3 0 20 72 Primary
180 1 0 21 90 Secondary
182 2 0 17 90 Secondary
179 2 0 21 76 Secondary
177 1 0 21 87 Primary
160 1 0 19 78 Secondary
166 0 1.6 13 90 Secondary
140 1 0 18 63 Primary
139 0 0 22 63 Secondary
137 0 0 20 67 Primary
139 1 0 13 76 Primary
136 0 0 21 63 Secondary
123 0 0 17 63 Secondary
119 0 1.2 15 49 Primary
92 0 0 16 38 Secondary

APPENDIX D CONTINUED
979
184
APPENDIX CITY OF BANNING ACTIVE TRANSPORTATION PLAN | 2024 DRAFT REPORT 980

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: June 25, 2024
SUBJECT: Public Hearing and Consideration of Resolution 2024-105, Approving a Report in Connection with the Proposed Collection on the 2024/2025 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for Single-Family and Multi-Family Dwelling Accounts and Making a Determination of Exemption under CEQA
RECOMMENDATION:

Conduct public hearing and adopt Resolution 2024-105.

BACKGROUND:

On April 27, 2021, the City Council approved a solid waste franchise agreement with Waste Management of the Inland Empire (Waste Management) for Residential and Commercial Garbage, Recyclable Materials and Organics Waste Collection, Transportation, Recycling and Disposal Services (Franchise Agreement), effective July 1, 2021.

In accordance with the Franchise Agreement, on October 12, 2021, the City Council adopted Ordinance No. 1576, amending and restating Chapter 8.28, “Garbage Collection and Disposal,” of Title 8, “Health and Safety,” of the Banning Municipal Code. In addition to implementing many aspects of the new Franchise Agreement, the ordinance allows the collection of delinquent residential service charges on the County Tax Roll in accordance with the Franchise Agreement and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“Article 4”). The operative date of the amendments to the Municipal Code was January 1, 2022.

Pursuant to Article 4, delinquent charges collected on the County Tax Roll will be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

The Franchise Agreement provides that Waste Management shall provide solid waste collection services to residential accounts, which includes both single-family dwellings (SFD) and multi-family dwellings (MFD). Pursuant to the Franchise Agreement, services provided to residential accounts that become delinquent are not able to be discontinued. In consideration of Waste Management not being able to discontinue residential services, the City committed to working with Waste Management in placing qualifying residential delinquencies on the County Tax Roll. To initiate the process, the Franchise Agreement requires Waste Management, on May 1st of each year or such other agreed upon date, to notify the City in writing that it seeks to have the City place qualifying delinquencies on the County Tax Roll. At no cost to the City, Waste Management is responsible for timely preparing required information, reports, notices, and materials.
981
Pursuant to the Franchise Agreement, a qualifying delinquent charge is a SFD or MFD charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as listed on the last equalized assessment roll.

On April 4, 2024, Waste Management submitted a formal letter to the City requesting that qualifying SFD and MFD delinquent solid waste service charges for calendar year 2023 be placed on the Fiscal Year 2024/2025 County Tax Roll, together with a report which includes a description of each parcel within the City for which there is a qualifying delinquent charge (“Identified Parcel”) and the delinquent amount for each Identified Parcel (the “Report”). The Report is on file in the office of the City Clerk. Amounts listed in the Report include past due charges for service and late fees (2.5% or $5 minimum on balances over $15). Additionally, County Tax Roll Fees amount to 10% of unpaid balances per occurrence.

For the calendar year 2023 period, Waste Management’s request amounts to 732 delinquent residential accounts for a total principal balance of $295,823.93 . The principal balance for each parcel includes unpaid charges for solid waste collection services (including extra services) for all or a portion of the period of January 1, 2023 through December 31, 2023, and monthly late fees.

JUSTIFICATION:

The action before the City Council is to conduct a Public Hearing to place calendar year 2023 residential delinquent accounts on the Fiscal Year 2024/2025 County Tax Roll.

At the Public Hearing, the City Council shall hear and consider all oral and written objections or protests, if any, to the Report and the collection of the delinquent accounts on the Fiscal Year 2024/2025 County Tax Roll. If the City Council finds at the conclusion of the Public Hearing that the protest is made by the owners of a majority of the separate Identified Parcels, then the Report shall not be adopted and the delinquent charges shall not be collected on the County Tax Roll. In the absence of a majority protest, the City Council may adopt this resolution for inclusion of residential delinquent accounts to be added to the Fiscal Year 2024/2025 County Tax Roll.

On May 24, 2024, the notice of Public Hearing was mailed to the owner of each Identified Parcel at the address shown on the last equalized assessment roll available on the date the Report was prepared or as known to the City Clerk, and to the address to which the invoices are customarily mailed, if different than the owner’s address. The mailed notices describe the Council’s intent to place delinquent solid waste charges on the Fiscal Year 2024/2025 County Tax Roll, public hearing and protests process and deadline to resolve delinquent balances prior to submittal of the delinquencies to the County. In addition, notices of this public hearing were published in the Record Gazette on June 7, 2024 and June 14, 2024.

The following outlines the process for collecting delinquent solid waste charges:

1. Waste Management prepares an annual written Solid Waste Delinquency Report and submits a copy to the City. The delinquency report contains a description of each SFD and MFD parcel receiving solid waste services and the amount of the delinquent amount for each parcel that remains outstanding, which include service charges, late fees and a tax roll fee.

2. City staff evaluates delinquent residential accounts reported and continuously works with Waste Management to identify and resolve any identified inconsistencies. This process is pursued from the time the initial report is submitted by Waste Management through its final submittal to the County of Riverside.

3. At the public hearing, in absence of a majority protest, City Council approves the Solid Waste Delinquency Report and adopts a resolution authorizing the collection of delinquent solid waste charges to be placed on the annual County tax roll. City staff is authorized to decrease the number of residential delinquent accounts and/or principal balances reported to the County, if necessary. Property owners that resolve their outstanding calendar year 2023 solid waste charges with Waste Management, or make partial payment to Waste Management prior to July 19, 2024, 982
will be removed from the accounts submitted to the County of Riverside Auditor-Controller by the City for collection on the County Tax Roll or the amounts submitted will be reduced accordingly.

4. Following the final determination of the delinquent solid waste charges, the City shall file with the County of Riverside Auditor-Controller any remaining delinquent balances, including applicable late fees and tax roll fee, to be included on the respective property owner’s Fiscal Year 2024/25 property tax bill.

Property owners have two options to resolve delinquent solid waste charges:

1. Resolve unpaid solid waste delinquencies with Waste Management before the July 19, 2024 deadline; or

2. Resolve unpaid solid waste delinquencies with the County of Riverside once delinquent charges are included on the Fiscal Year 2024/2025 property tax bill. Delinquent charges collected on the County Tax Roll will be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

CEQA
City staff has evaluated the proposed collection of the delinquent charges on the County Tax Roll for purposes of compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. City staff has determined that the proposed collection of delinquent charges on the tax roll is an activity covered by the common sense exemption in that it can be seen with certainty that there is no possibility that such collection may have a significant effect on the environment because the collection only addresses the cost of an existing service provided to the public and not the commencement of a new service or program. Accordingly, the process for the collection of the delinquent charges on the County Tax Roll is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT:

At no cost to the City, Waste Management shall be responsible, without limitation, for all costs associated with preparing required information, including but not limited to, reports, notices, and materials, publication costs, and Riverside County fees. The Franchise Agreement provides that the City will pay Waste Management moneys collected from the payment of the delinquent charges placed on the County Tax Roll, less the franchise fee equal to twelve and one-half percent (12.5%).

ALTERNATIVES:

1. In the absence of a majority protest, adopt Resolution 2024-105, as recommended.

2. In the absence of a majority protest, adopt Resolution 2024-105, with modifications.

3. Reject Resolution 2024-100 and provide alternative direction to staff. If rejected, delinquent charges will not be collected on the Fiscal Year 2024/2025 County Tax Roll, and pursuant to the Franchise Agreement, Waste Management shall have the right to dispute the denial action by pursing measures outlined in the Franchise Agreement.

ATTACHMENTS:

1. Resolution 2024-105, Solid Waste Tax Roll.docx

2. WMLetter_4.04.24.pdf

3. SampleDelinquentLetter.docx

4. Publication.DOCX

5. 2024 06 14_PHN Solid Waste.pdf
983
Resolution 2024-100

RESOLUTION 2024-100

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

APPROVING A REPORT IN CONNECTION WITH THE PROPOSED COLLECTION ON THE 2024/2025 RIVERSIDE COUNTY PROPERTY TAX ROLL OF DELINQUENT SOLID WASTE

SERVICE CHARGES FOR SINGLE-FAMILY DWELLING AND MULTI-FAMILY DWELLING

ACCOUNTS, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA WHEREAS, the City Council is authorized pursuant to Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“HSC Code”), to levy and collect annual service charges for the collection, transportation, recycling and disposal of solid waste (“Charges”) and to have the delinquent Charges for single-family dwelling (SFD) and multi-family dwelling (MFD) accounts collected on the County of Riverside Property Tax Roll (“County Tax Roll”); and WHEREAS, the City Council agreed to undertake annual proceedings to collect qualifying delinquent Charges for SFD and MFD accounts on the County Tax Roll in consideration of its franchise agreement with Waste Management of the Inland Empire (“Waste Management”) which provides that Waste Management may not discontinue collection services for these delinquent residential accounts due to nonpayment; and
WHEREAS, pursuant to HSC Section 5473, delinquent Charges collected on the County Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City; and WHEREAS, pursuant to its solid waste franchise agreement with the City, Waste Management notified the City in writing on April 4, 2024, that it seeks to have the City collect qualifying delinquent Charges for SFD and MFD accounts for calendar year 2023 on the 2024/2025 County Tax Roll; and
WHEREAS, pursuant to the Franchise Agreement, a qualifying delinquent Charge is a Charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as the property owner is listed on the last equalized assessment roll (“Delinquent Charge”); and WHEREAS, the City has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Sections 5473 and 5473a (“Report”). The Report contains a description of each parcel within the City for which there is Delinquent Charge in connection with a SFD or MFD account (“Identified Parcel”) and the delinquent amount for each Identified Parcel.

The City has received the Report, which is on file in the office of the City Clerk; and WHEREAS, the City set a Public Hearing on the Report and collection of delinquent Charges on the 2024/2025 County Tax Roll for June 25, 2024 in the Council Chambers; and WHEREAS, on May 24, 2024 the notice of Public Hearing was mailed to the owner of each Identified Parcel at the address shown on the last equalized assessment roll available on the date the Report was prepared or as known to the City Clerk, and to the address to which the invoices are customarily mailed, if different than the owner’s address; and notices of the Public Hearing were published in the Record Gazette on June 7, 2024 and June 17, 2024; and 984
Resolution 2024-100

WHEREAS, the City Council has held a full and fair Public Hearing regarding the Report and collection of the Delinquent Charges on the 2024/2025 County Tax Roll, and the City Council considered all oral and written protests or objections regarding the Report and the collection of the Delinquent Charges on the 2024/2025 County Tax Roll; and WHEREAS, no majority protest, as determined in accordance with Health and Safety Code Section 5473.2, exists against the Report and collection of the Delinquent Charges on the 2024/2025 County Tax Roll.

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

SECTION 1. The City Council hereby overrules all protests and objections to the Report and collection of the Delinquent Charges on the Fiscal Year 2024/2025 Tax Roll and approves the Report as filed.

SECTION 2. The City Council approves the Delinquent Charges, including late fees and a tax roll fee, to be placed for collection on the 2024/2025 County Tax Roll.

SECTION 3. The City Manager or designee is authorized to decrease the number of SFD and MFD accounts and/or principal balances set forth in the Report prior to final submittal, should the Delinquent Charges be resolved or paid in part prior to the deadline identified in the notice of the Public Hearing, which is July 19, 2024.

SECTION 4. The City Clerk or designee is authorized and directed to file a certified copy of this Resolution and the Report with the County of Riverside Auditor-Controller.

SECTION 5. The City Council concurs with staff’s determination that the proposed collection of the Delinquent Charges on the 2024/2025 County Tax Roll is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that such collection will have a significant effect on the environment because the collection of the Delinquent Charges on the County Tax Roll only addresses the cost of an existing service provided to the public and not the commencement of a new service or program.

Consequently, the City Council finds the process for the collection of the Delinquent Charges on the 2024/2025 County Tax Roll is exempt from CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3).

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 25th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
985
Resolution 2024-100

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
986
Resolution 2024-100

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-100, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
987
April 4, 2024,
Mr. Art Vela, P.E.

Director of Public Works/City Engineer
City of Banning
99 East Ramsey Street
Banning, CA 92220
RE: 2023 Tax Roll Process
Dear Mr. Vela,
Per Section 4.02.1 of the Franchise Agreement, WM is required to provide notification in writing by May 1st of our intent to place delinquent accounts on tax roll for calendar year 2023. 988
Once we established the dates, we will provide the customer delinquent report, notification to customers, and all other required information and support for the hearing, and any other related activities to this matter.

Should you have any questions, please contact me at (951) 415-4389. Thank you for your time.

Respectfully,
Douglas Tani
Public Sector Manager
WM
989

NOTICE OF PUBLIC HEARING ON DELINQUENT SOLID WASTE SERVICE CHARGES May 22, 2024
TOTAL BALANCE DUE ON ACCT AS OF May 22, 2024: «Total_MAS» MINIMUM AMOUNT DUE TO AVOID TAX ROLL: «Principal»
«OwnerName»
«MailAddress»
«MailCityState» «MailZip»
SERVICE LOCATION:
«NAME»
«HOUSE» «STREET»
«CITY», «STATE» «ZIPCOD»
ACCOUNT #: «COMPANY»-«CUSTOMER»
PARCEL #: «ParcelNo»
Your property has been identified as having unpaid charges for solid waste collection services for all or a portion of the period January 1, 2023 – December 31, 2023. Please be aware that under an agreement with its contract trash hauler, Waste Management of the Inland Empire (“Waste Management”), the City of Banning (“City”) is authorized to annually place delinquent solid waste charges, together with accrued late fees and a Tax Roll fee, on the coming year’s County property tax roll pursuant to Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“Article 4”). This is done to avoid unnecessary City-wide rate increases in future years or a reduction in solid waste services.

Delinquent charges collected on the County tax roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

The Minimum Amount Due to Avoid Tax Roll referenced above includes unpaid charges for all or a portion of the period January 1, 2023 - December 31, 2023 and accrued late fees. If such amount is not paid or the amount otherwise cleared by July 19, 2024, this amount, together with a 10% Tax Roll fee, will be considered for collection on your County property tax bill for the coming fiscal year (2024-25).

Waste Management has prepared a written report which has been filed with the City Clerk in accordance with Article 4 (“Report”).

The Report contains a description of each parcel within the City for which there are unpaid charges for solid waste collection services for all or a portion of the period January 1, 2023 through December 31, 2023 in connection with a single-family or multi-family account (“Identified Parcel”) and the amount to be collected on the County Tax Roll for each Identified Parcel. As described above, the amount to be collected on the Tax Roll includes unpaid charges, accrued late fees and a Tax Roll fee.

The Banning City Council will conduct a public hearing on delinquent solid waste service charges at the following date and time at which time it will consider the Report and the placement of unpaid charges on property tax bills:
5:00 P.M.

June 25, 2024
Banning City Hall
99 E Ramsey St.

Banning, CA 92220
At the public hearing, the City Council will hear and consider all oral or written objections or protests to the Report and the collection of delinquent solid waste service charges on the County tax roll. Written protests may be personally delivered to the City Clerk during the public hearing or personally delivered to the City Clerk’s Office, Banning City Hall, 99 E. Ramsey Street, Banning, CA 92220.

Written protests may also be mailed to the City Clerk’s Office, P.O. Box 998, Banning, CA 92220 and must arrive by 5:00 P.M. on June 25, 2024 to be counted. A written protest must clearly state the signer’s opposition to the collection of the delinquent charges on the County tax roll, identify the parcel for which the protest is being submitted, and include an original signature of the person submitting the protest. If, at the conclusion of the public hearing, protest is made by the owners of a majority of the separate 990
Identified Parcels, the delinquent Charges shall not be collected on the 2024-25 Tax Roll but may be collected by other means including a collection action.

If your property is a rental unit, this notice may indicate your tenant has not paid charges for solid waste services. The Banning Municipal Code makes solid waste disposal the responsibility of all property owners in the City. If tenants do not pay their solid waste service charges, the bill becomes the legal obligation of the property owner. Waste Management is willing to send property owners quarterly notices on rental units, so owners will be aware if their tenants have failed to pay. Call Waste Management at the number listed below to arrange for this service.

If you have recently acquired the property identified in this notice, you may not be responsible for charges for service prior to your purchase. You may establish the effective date of the change of ownership by providing a copy of the escrow document or grant deed to Waste Management.

Questions regarding unpaid charges should be directed to Waste Management at (866) 949-9719.

For your convenience, payments can now be made on-line at www.wm.com, or by automated attendant at 1-866-964-2729 using your WM Customer ID# «WM_ezPay_#».

For questions or additional information regarding the public hearing, you may call the Public Works Department at (951) 922-3130 or email [email protected].

Si necesita ayuda para entender la información de esta notificación por favor llame al (951) 922-3130.

Waste Management of the Inland Empire ~ PO BOX 3020 ~ Monroe ~ WI ~ 53566 ~ 866-949-9719 991
Published Notice

CITY OF BANNING

NOTICE OF PUBLIC HEARING
Notice of Public Hearing Regarding the Proposed Collection of Delinquent Solid Waste Charges for Single-Family and Multi-Family Accounts on the Riverside County 2024-25 Tax Roll on
June 25, 2024 at 5:00 p.m.

City Council Chambers – 99 East Ramsey Street, Banning, CA 92220

The City of Banning (“City”) levies and collects annual service charges for the collection, transportation, recycling and disposal of solid waste (“Charges”). The City’s franchised hauler, Waste Management of the Inland Empire (“Waste Management”), bills and collects the Charges.

Pursuant to Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“Article 4”), the City is authorized to have the delinquent Charges for single-family and multi-family accounts collected on the County of Riverside Property Tax Roll (“Tax Roll”).

Delinquent Charges collected on the Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

Waste Management has requested the City to collect on the 2024-25 Tax Roll qualifying delinquent Charges for single-family and multi-family accounts for all or a portion of the 2023 calendar year. A qualifying delinquent Charge is a Charge that is at least 90 days in arrears and for which Waste Management has provided at least one written notice of the delinquency by mail to the service recipient and to the property owner, as the property owner is listed on the last equalized assessment roll (“Delinquent Charge”).

The City has caused a written report to be prepared and filed with the City Clerk in accordance with Article 4 (“Report”). The Report contains a description of each parcel within the City for which there is Delinquent Charge in connection with a single-family or multi-family account (“Identified Parcel”) and the delinquent amount for each Identified Parcel. The Report is on file in the City Clerk’s Office, Banning City Hall, 99 East Ramsey Street, Banning, CA 92220. The amount to be collected on the Tax Roll includes the unpaid Charges, accrued late fees, and a 10% Tax Roll fee.

NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on the Report on Tuesday, June 25, 2024 at 5:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, located at 99 East Ramsey Street, Banning, CA, 92220. The public hearing may be continued from time to time.

At the public hearing, the City Council will hear and consider all oral or written objections or protests to the Report and the collection of the Delinquent Charges on the County Tax Roll. Written protests may be personally delivered to the City Clerk during the public hearing or personally delivered to the City Clerk’s Office, Banning City Hall, 99 E. Ramsey Street, Banning, CA 92220. Written protests may also be mailed to the City Clerk’s Office, P.O. Box 998, Banning CA 92220. Written objections or protests must arrive by 5:00 pm on June 25, 2024 to be counted. A written protest must clearly state the signer’s opposition to the collection of the Delinquent Charges on the Tax Roll, identify the parcel for which the protest is being submitted, and include an original signature of the person submitting the protest.

If, at the conclusion of the public hearing, protest is made by the owners of a majority of the separate Identified Parcels, the Delinquent Charges shall not be collected on the 2024-25 Tax Roll, but may be collected by other means, including a collection action.

If a delinquent amount and accrued late fees are paid in full or in part or otherwise cleared by July 19, 2024, the delinquent amount set forth in the Report and late fees will be removed or reduced as applicable. 992
Published Notice
For questions or additional information regarding the public hearing, you may call the Public Works Department at (951) 922-3130 or email [email protected].

Si necesita ayuda para entender la información de esta notificación por favor llame al (951) 922-3130.
993
Record Gazette
218 N Murray St.

Proof of Publication
(2015.5 C.C.P.)

PHN SANITATION BILLCOLLECTIONS
State of California
County of Riverside
)
) ss.

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

June 7, 14,2024
Executed on: 06/14/2024
At Banning ,CA
I ceritfy (or declare) under penalty of perjury that
the foregoing is true and correct.

CITY OF BANNING NOTICE OF PUBLIC HEARING
Notice of Public Hearing Regarding the Proposed Collection of Delinquent Solid Waste Charges for Single-Family and Multi-Family Accounts on the Riverside County 2024-25 Tax Roll on
June 25, 2024 at 5:00 p.m.

City Council Chambers-99 East Ramsey Street, Banning, CA 92220 The City of Banning ("City") levies and collects annual service charges for the collectlon, transportation, recycling and disposal of solid waste ("Charges"). The City's franchised hauler, Waste Management of the Inland Empire ("Waste Management"), bills and collects the Charges.

Pursuant lo Section 8.28.270 of the Banning Municipal Code and Article 4 of Chapter 6 of Part 3 of Dlvls!on 5 of the CaUfomla Health and Safety Code, commencing with Section 5470 ("Article 4"), the City ls authorized to have the delinquent Charges for single-family and multi-family accounts collected on the County of Riverside Property Tax Roll ("Tax Roll").

Dellnquent Charges collected on the Tax Ro!! shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.

Waste Management has requested the City to collect on the 2024-25 Tax Roll qualifying delinquent Charges for slng!e-family and mum-family accounts for all or a portion of the 2023 calendar year. A qualifying delinquent Charge is a Charge that Is at least 90 days in arrears and forwhlch Waste Management has provided at feast one written notice of the delinquency by mall to the service recipient and ta the property owner, as the property owner Is llsted on the last equalized assessment roll ("Delinquent Charge").

The City has caused a written report to be prepared and filed With the City Clerk In accordance with Article 4 ("Report"), The Report contains a description of each parcel within the City for which there Is Oallnquent Charge In connection with a single-family or multi-family account r!dentlfled Parcel") and the delinquent amount for each Identified Parcel. The Re- port Is on fife In the City Clerk's Office, Banning City Hall, 99 East Ramsey Street, Banning, CA 92220. The amount to be collected on the Tax Roll Includes the unpaid Charges, accrued late fees, and a 10% Tax Roll fee.

NOTICE IS HEREBY GIVEN that the C!ty Councll will hold a DUbUC hearing on the Report on Tuesday, June 25, 2024 at 5:00 p.m., or as soon thereafter as the matter may be heard, In the City Council Chambers, located at 99 East Ramsey Streel, Banning, CA, 92220.

The public hearing may be continued from time to time,
At the public hearing, the City Councll will hear and consider all oral or written objections or protests to the Report and the collection of the Dellnquent Charges on the County Tax Roll. Written protests may be personally delivered to the City Clerk during the pubUc hearIng or personally delivered to the City Clerk's Office, Banning City Hall, 99 E. Ramsey Street, Banning, CA92220, Written protests may also be malled to the City Clerk's Office, P.O. Box 998, Banning CA 92220. Written objections or protests must arrive by 5:00 pm on June 25, 2024 to be counted. A written protest must clearly state the signer's opposition to the collection of the Delinquent Charges on the Tax Roll, Identify the parcel for which the protest Is being submitted, and include an origlnal signature of the person submitting the protest.

If, at the conclusion of tho public hearing, protest is made by the owners of a majority of the separate Identified Parcels, the Delinquent Charges shall not be collected on the 2024- 25 Tax Roll, but may be collected by other means, including a collection action.

If a delinquent amount and accrued. late fees are paid ln full or in part or otherwise cleared by July 19, 2024, the delinquent amount set forth In the Report and late fees will be removed or reduced as applicable.

For questions or at!dltlona! !nfarmat!on regarding the public hearing, you may cal! the Public Works Department at (951) 922-3130 or email MflH"@banningca.coY• SJ neces/ta ayuda para entender la Jnformacf6n d8 esta notificacl6n por favor /lame al (951) 922-3130.
994

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Art Vela, Director of Public Works
MEETING DATE: June 25, 2024
SUBJECT: Public Hearing and Consideration of Resolution 2024-106, Adopting the City of Banning Electric Utility 2024 Wildfire Mitigation Plan RECOMMENDATION:

Adopt Resolution 2024-106.

BACKGROUND:

In 2018, the California Public Utilities Commission (CPUC) completed the development of the statewide Fire Threat Map that designates areas of the State at an elevated risk of electric line-ignited wildfires.

This updated map incorporated historical fire data, fire-behavior modeling, and assessments of fuel, weather modeling, and a host of other factors. The map development and approval process involved detailed review by the relevant utility staff and local fire officials, a peer review process, and ultimate approval by a team of technical experts led by CAL Fire.

The CPUC’s Fire Threat Map includes three Tiers/Levels of fire threat risk. Tier 1 consists of areas that have the lowest hazards and risks. Tier 2 consists of areas where there is an elevated risk for destructive electric line-ignited wildfires. Finally, Tier 3 consists of areas where there is an extreme risk for destructive electric line-ignited wildfires.

In 2018, Governor Brown signed SB 901 (stats. 2018), which addressed a wide range of issues relating to wildfire prevention, response, and recovery. SB 901 substantially revised the Public Utilities Code Section 8387, eliminating the prior process established by SB 1028 and instead mandated all POUs (regardless of size or wildfire risk) develop a wildfire mitigation plan. SB 901 requires that POUs present their WMP at an appropriately noticed public meeting and receive public comment every year. The POU must also verify that the wildfire mitigation plan complies with all applicable rules, regulations, and standards.

Another Senate Bill, SB 1054, requires that all POUs must submit their wildfire prevention and mitigation plans updates to the California Wildfire Safety Advisory Board (WSAB) in each year. WSAB will then review the POU plans and will provide comments and advisory opinions on the content and sufficiency of the plan. The members of the board must be selected from industry experts, academics, and people with 995
labor and workforce safety experience. At least three members must be experienced in the safe operation, design, and engineering of electrical infrastructure.

JUSTIFICATION:

The City of Banning Electric Utility is required to meet the requirements of SB 901 by presenting the 2024 update of the WMP at an appropriately noticed public meeting and receive public comment.

FISCAL IMPACT:

There are no fiscal impacts to updating and resubmitting the Utility’s Wildfire Mitigation Plan. The costs of implementation are unknown and dependent upon the degree of fire mitigation efforts needed to protect residents, businesses, and property throughout the service territory. Approval of Resolution 2024- 106 and adoption of the 2024 City of Banning Electric Utility WMP allows the City of Banning to become eligible for Federal and State mitigation and prevention funds.

ALTERNATIVES:

Do not approve and provide alternate direction.

ATTACHMENTS:

1. Resolution 2024-106, Wildfire Mitigation Plan.docx

2. BEU 2024 Wildfire Mitigation Plan_.pdf
996
Resolution 2024-106

RESOLUTION 2024-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ADOPTING THE CITY OF BANNING ELECTRIC UTILITY 2024 WILDFIRE MITIGATION PLAN WHEREAS, the City of Banning is a general law municipality governed by elected city council members; and
WHEREAS, City of Banning owns and operates a retail electrical energy distribution system which serves load to end-use costumers in an assigned area of service; and WHEREAS, SB 901, amending California Public Utilities Code (“CPUC”) Section 8387, requires all POUs to prepare a wildfire mitigation plan before January 1, 2020, and annually thereafter; and
WHEREAS, SB 1054, amending CPUC Section 8387, requires each POU to submit its wildfire mitigation plan to the California Wildfire Safety Advisory Board (WSAB”) by July 1, 2020 and every annually thereafter; and
WHEREAS, pursuant to California Public Utilities Code Section 326.2, WSAB reviews Banning Electric Utility’s Wildfire Mitigation Plan annually and provides comments and advisory opinions on the content and sufficiency of the plan; and WHEREAS, WSAB requires that City of Banning Electric Utility (“Utility”) and all other Publicly-Owned Utilities must have their Wildfire Mitigation Plans adopted following a formal public comment process; and
WHEREAS, the Utility will present during a Public Hearing before the City of Banning City Council updates within the 2024 WMP.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning, California, declares, determines, and orders as follows:

SECTION 1. The City Council approves the Banning Electric Utility’s 2024 Wildfire Mitigation Plan and authorizes the City Manager or his designees to implement the mitigation measures documented in the plan.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book for original resolutions.

PASSED, APPROVED, AND ADOPTED this 25th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
997
Resolution 2024-106

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning, California
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
998
Resolution 2024-106

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-106, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
999
Resolution 2024-106

EXHIBIT A
City of Banning Electric Utility 2024 Wildfire Mitigation Plan 1000

CITY OF BANNING ELECTRIC UTILITY

WILDFIRE

MITIGATION
PLAN
2024 PLAN
1001
Banning Electric Utility Wildfire Mitigation Plan
June 2024
2 TABLE OF CONTENTS
I. Overview .............................................................................................................................................. 4 A. Policy Statement............................................................................................................................ 4 B. Purpose of the Wildfire Mitigation Plan ....................................................................................... 4 C. Organization of the Wildfire Mitigation Plan............................................................................... 4 II. Objectives of the Wildfire Mitigation Plan ...................................................................................... 12 A. Minimizing Sources of Ignition..................................................................................................... 12 B. Resiliency of the Electric Grid..................................................................................................... 12 C. Identifying Unnecessary or Ineffective Actions........................................................................ 12 III. Roles and Responsibilities............................................................................................................ 13 A. Utility Governance Structure ...................................................................................................... 13 B. WILDFIRE PREVENTION ................................................................................................................. 15 C. WILDFIRE RESPONSE AND RECOVERY ........................................................................................ 16 D. Coordination with Water Utilities/Department......................................................................... 16 E. Coordination With Communication Infrastructure Providers .................................................16 F. Standardized Emergency Management System .................................................................... 17 IV. Wildfire Risks and Drivers associated with design, construction, operation, and maintenance ............................................................................................................................................ 21 A. Particular Risks and Risk Drivers Associated With Topographic and Climatological Risk Factors.................................................................................................................................................... 21 B. Enterprisewide Safety Risks ......................................................................................................... 25 C. Changes to CPUC Fire Threat Map ........................................................................................... 25 V. Wildfire Preventative Strategies ................................................................................................. 28 A. High fire threat district ................................................................................................................. 28 1002
Banning Electric Utility Wildfire Mitigation Plan
June 2024
3 B. Weather Monitoring .................................................................................................................... 28 C. Design and Construction Standards ......................................................................................... 29 D. Vegetation Management.......................................................................................................... 29 E. Inspections.................................................................................................................................... 32 F. Workforce training ....................................................................................................................... 33 G. Reclosing Policy ........................................................................................................................... 33 H. Deenergization............................................................................................................................. 33

1. Impacts to public safety......................................................................................................... 35

2. Customer Notification Protocols............................................................................................ 35 VI. Community Outreach and Public Awareness......................................................................... 36 VII. Restoration of Service.................................................................................................................. 37 VIII. Evaluating of the Plan ................................................................................................................. 38 A. Metrics and Assumptions for Measuring Plan Performance...................................................38 Metric 1: Fire Ignitions........................................................................................................................ 38 Metric 2: Wires Down......................................................................................................................... 38 B. Impact of Metrics on Plan........................................................................................................... 38 C. Monitoring and Auditing the Plan ............................................................................................. 39 D. Identifying and correcting Deficiencies in the Plan................................................................ 39 E. Monitoring the effectiveness of inspections............................................................................. 40 IX. Independent Auditor .................................................................................................................. 42 1003
Banning Electric Utility Wildfire Mitigation Plan
June 2024
4 I. OVERVIEW
A. POLICY STATEMENT
Banning Electric Utility’s (BEU) overarching goal is to provide safe, reliable, and economic electric service to its local community. In order to meet this goal, BEU constructs, maintains, and operates its electrical lines and equipment in a manner that minimizes the risk of catastrophic wildfire posed by its electrical lines and equipment.

B. PURPOSE OF THE WILDFIRE MITIGATION PLAN
This Wildfire Mitigation Plan describes the range of activities that BEU is taking to mitigate the threat of power-line ignited wildfires, including its various programs, policies, and procedures. This plan is subject to direct supervision by the Banning City Council and is implemented by the BEU Electric Utility Director. This plan complies with the requirements of Public Utilities Code section 8387 for publicly owned electric utilities to prepare a wildfire mitigation plan by January 1, 2020, and annually thereafter.

BEU is a department within the City of Banning. The City of Banning contracts with CAL Fire/Riverside County Fire Department for all fire department related services. BEU has collaborated with the City’s fire prevention personnel to compile a program for patrol and vegetation clearance within the City and Utility’s territory that is most susceptible to wildfire. BEU and CAL Fire have identified the utility poles that are within the high fire threat district within BEU’s service territory. Since this identification was made, BEU has dedicated service crews to patrolling these areas while also utilizing on-call vegetation management services to ensure that the overhead conductors are clear from as many possible impacts.

CAL Fire creates its own fire-fighting plan for areas within the state’s responsibility as well as within Banning city limits due to CAL Fire being the city’s contracted Fire Agency. This plan was developed utilizing information about higher risk areas identified within the State Fire Map.

In this plan revision, BEU continued the use of the original California Municipal Utilities Association (CMUA) template, however adding elements from the recommended California Wildfire Safety Advisory Board’s (WSAB) model comprehensive revision template. BEU has also considered the specific recommendations and has implemented changes where applicable. BEU may consider a major change to the template for future plan updates based on the information that will be required to present.

C. ORGANIZATION OF THE WILDFIRE MITIGATION PLAN
Senate Bill 1028 requires all electric utilities to construct, maintain and operate its electrical lines and equipment in a manner that minimizes the risk of wildfire posed by this equipment. SB 1028 (that modifies an earlier wildfire mitigation bill, SB 901) and AB 1054 requires each POU develop and submit a Wildfire Mitigation Plan (WMP) to a new state agency, named the California Wildfire Safety Advisory Board (WSAB), for review and approval by July 1, 2020 and update and resubmit the plan each July thereafter.

Table 1 below indicates the statutory requirements of PUC 8387(b) with corresponding sections within this plan that addresses each requirement:
1004
Banning Electric Utility Wildfire Mitigation Plan
June 2024
5 PUC 8387
Requirement
Statutory Language Location in WMP
(b)(2)(A) An accounting of the responsibilities of persons responsible for executing the plan.

Section [III], page 13
(b)(2)(B) The objectives of the wildfire mitigation plan. Section [II], page 12 (b)(2)(C)
A description of the preventive strategies and programs to be adopted by the local publicly owned electric utility or electrical cooperative to minimize the risk of its electrical lines and equipment causing catastrophic wildfires,
including consideration of dynamic climate change risks. Section [V], page 27 (b)(2)(D)
A description of the metrics the local publicly owned
electric utility or electrical cooperative plans to use to evaluate the wildfire mitigation plan’s performance and the assumptions that underlie the use of those metrics. Section[VIII(A)], page 37
(b)(2)(E)
A discussion of how the application of previously identified metrics to previous wildfire mitigation plan performances has informed the wildfire mitigation plan. Section[VIII(E)], page 39 (b)(2)(F)
Protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communication infrastructure.

Section[V(G-H)],
page 32
1005
Banning Electric Utility Wildfire Mitigation Plan
June 2024
6 (b)(2)(G)
Appropriate and feasible procedures for notifying a
customer who may be impacted by the deenergizing
of electrical lines. The procedures shall consider the
need to notify, as a priority, critical first responders, health care facilities, and operators of
telecommunications infrastructure.

Section [IV(A)],
page 22
(b)(2)(H) Plans for vegetation management. Section [V(D)], page 28
(b)(2)(I)
Plans for inspections of the local publicly owned
electric utility’s or electrical cooperative’s electrical infrastructure.

Section [V(E)],
page 31
(b)(2)(J)
A list that identifies, describes, and prioritizes all wildfire risks, and drivers for those risks, throughout the local publicly owned electric utility’s or electrical
cooperative’s service territory. The list shall include, but not be limited to, both of the following:
(i) Risks and risk drivers associated with design,
construction, operation, and maintenance of the
local publicly owned electric utilities or electrical
cooperative’s equipment and facilities.
(ii)Particular risks and risk drivers associated with
topographic and climatological risk factors
throughout the different parts of the local publicly
owned electric utility’s or electrical cooperative’s
service territory.

Section [IV],
page 21
(b)(2)(K)
Identification of any geographic area in the local
publicly owned electric utility’s or electrical
cooperative’s service territory that is a higher wildfire threat than is identified in a commission fire threat
map, and identification of where the commission
should expand a high fire threat district based on new
information or changes to the environment.

Section [IV(A)],
page 23
1006
Banning Electric Utility Wildfire Mitigation Plan
June 2024
7 Table 1 Statutory Requirements of the Plan
(b)(2)(L) A methodology for identifying and presenting
enterprise wide safety risk and wildfire-related risk.

Section [IV(B)],
page 25
(b)(2)(M) A statement of how the local publicly owned electric utility or electrical cooperative will restore service after a wildfire.

Section [VII],
page 36
(b)(2)(N) A description of the processes and procedures the local publicly owned electric utility or electrical
cooperative shall use to do all of the following.
(i) Monitor and audit the implementation of the
wildfire mitigation plan.
(ii) Identify any deficiencies in the wildfire
mitigation plan or its implementation and
correct those deficiencies.
(iii) Monitor and audit the effectiveness of electrical line and equipment inspections, including
inspections performed by contractors that are
carried out under the plan, other applicable
statutes, or commission rules.

Section[VIII(C)],
page 38
1007
Banning Electric Utility Wildfire Mitigation Plan
June 2024
8 In 2018 the CPUC completed the development of the statewide Fire Threat Map, also known as Fire Map 2 (Figure 1), that designates areas of the state at an elevated risk of electric line-ignited wildfires. This updated map incorporated historical fire data, fire-behavior modeling, and assessments of fuel, weather modeling, and host of other factors. The map development and approval process involved detailed review by the relevant utility staff and local fire officials, a peer review process, and ultimate approval by a team of technical experts led by CAL Fire.

The CPUC’s Fire Threat Map includes three Tiers/Levels of fire threat risk. Tier 1 consists of areas that have the lowest hazards and risks. Tier 2 consists of areas on the CPUC Fire Threat Map where there is an elevated risk for destructive utility-associated wildfires. Finally, Tier 3 consists of areas on the CPUC Fire-Threat Map where there is an extreme risk for destructive utility-associated wildfires.

SB 1028 was enacted prior to the adoption of the CPUC’s Fire Threat Map and does not reference the tiers of fire risk. However, BEU staff believe that the Fire Threat Map is the best source of data for determining whether there is significant risk of wildfire resulting from electrical lines or equipment. The Fire Threat Map incorporates historical fire data and received extensive input from electric utility staff and fire officials.

The CPUC’s Fire Threat Map (Figure 2) for BEU identifies four primary areas of wildfire potential within Banning, a Tier 2 threat level within the site of the Rancho San Gorgonio Development, a tier 2 level in East Banning north and South of the Banning Airport, a Tier 2 threat level within the Communication Hill, Gilman Ranch and Sunnyslope Cemetery areas, and a Tier 3 threat level in the Banning Canyon and Mias Canyon areas. There is also a short stretch of transmission line (0.9 miles long) in an open area south of the I-10 Freeway between Sunset Avenue and South Highland Home Road that is in a Tier 2 threat level area.
1008
Banning Electric Utility Wildfire Mitigation Plan
June 2024
9 Figure 1 - CPUC Fire Map 2
1009
Banning Electric Utility Wildfire Mitigation Plan
June 2024
10 Figure 2 - CPUC Fire Map 2 BEU Service Territory
Conversely, the California Department of Forestry and Fire Protection's Fire and Resource Assessment Program (FRAP) had also developed a map in 2008 and then revised in 2012, also known as the FRAP Map, that depicts areas of California where there is an elevated hazard for the ignition and rapid spread of power-line fires due to strong winds, abundant dry vegetation, and other environmental conditions. During this period of plan evaluation, the FRAP map was revised once again based on updated information within the State Responsibility Areas only, as the Local Responsibility Areas remained unchanged. The map below (Figure 3) identifies areas of wildfire potential within Banning’s Local Responsibility Area. Banning and Mias Canyon areas, a portion of area along the boundary of North Hathaway Street, areas within Gilman Ranch and 1010
Banning Electric Utility Wildfire Mitigation Plan
June 2024
11 near Sunnyslope Cemetery, and an area in southeast Banning south of Wesley Street and Smith Creek as Very High Fire Hazard Severity Zones (VHFHZs).

Figure 3 FRAP Map - BEU Service Territory, Local and State Responsibility Areas 1011
Banning Electric Utility Wildfire Mitigation Plan
June 2024
12 II. OBJECTIVES OF THE WILDFIRE MITIGATION PLAN
A. MINIMIZING SOURCES OF IGNITION
The primary goal of this Wildfire Mitigation Plan is to minimize the probability that BEU’s transmission and distribution system may be the origin or contributing source for the ignition of a fire. BEU has evaluated the prudent and cost-effective improvements to its physical assets, operations, and training that can help to meet this objective. BEU will implement those changes consistent with this evaluation.

B. RESILIENCY OF THE ELECTRIC GRID
The secondary goal of this Wildfire Mitigation Plan is to improve the resiliency of the electric grid.

As part of the development of this plan, BEU assesses new industry practices and technologies that will reduce the likelihood of an interruption (frequency) in service and improve the restoration (duration) of service.

C. IDENTIFYING UNNECESSARY OR INEFFECTIVE ACTIONS
The final goal for this Wildfire Mitigation Plan is to measure the effectiveness of specific wildfire mitigation strategies. Where a particular action, program component, or protocol is determined to be unnecessary or ineffective, BEU will assess whether a modification or replacement is merited.

This plan will also help determine if more cost-effective measures would produce the same or improved results.
1012
Banning Electric Utility Wildfire Mitigation Plan
June 2024
13 III. ROLES AND RESPONSIBILITIES
A. UTILITY GOVERNANCE STRUCTURE
BEU’s organization chart is shown below:
1013
Banning Electric Utility Wildfire Mitigation Plan
June 2024
14 Responsibilities of BEU Management
The BEU staff that have explicit responsibilities for wildfire prevention activities include:

Electric Utilities Director: Assumes overall responsibility for BEU’s planning and mitigation activities, including maintaining compliance with state and federal safety and operating requirements.

Certain tasks are delegated through the Business Support Manager for financing and budgeting of wildfire resiliency projects.

Electric Operations Manager: Responsible for the safe operation of the BEU’s 34.5kV, 12.47 kV, and service level voltage lines and equipment. The Electric Operations Manager supervises the BEU’s linemen and is primarily responsible for ensuring that the lines are inspected, and a data base of pole and equipment inspections and O&M is maintained. The Electric Operations Manager is responsible for safety programs, including wildfire prevention training and evaluation and installation of new protective equipment to reduce fire risk.

Subject Matter Expert
Retail Electric Distribution
& Power Supply
System Design
Reliability & Resilience
Distribution Automation
System Operations and
Maintenance
Safety and Training
Electrical Energy
Procurement & Delivery
Public Benefit Programs
Department
Administrator
(Office Manager)
1014
Banning Electric Utility Wildfire Mitigation Plan
June 2024
15 Electrical Engineering Manager: Responsible for the reliable operation of the BEU’s 34.5 kV transmission system and BEU’s six 34.5/12.47 kV substations as well as maintaining system resiliency programs. This individual maintains compliance with federal, state and local fire management personnel to ensure that appropriate preventive measures are in place.

Electrical Engineering Supervisor: Responsible for management of the WMP, tracking of wildfire mitigation efforts, leads research of new technological developments related to wildfire mitigation, acts as the liaison between BEU and other stakeholders of the WMP. The Electrical Engineering Supervisor also manages the design and analysis functions of the electric distribution system.

Power Resources and Revenue Administrator: Manages the resource adequacy for the Utility.

Analyzes the effect that wildfire protection and prevention projects and mitigation activities will have rates and revenues.

B. WILDFIRE PREVENTION
BEU’s overall responsibility is to provide safe, reliable and sustainable and energy to its customers.

The main responsibilities of BEUs’ wildfire prevention objective include:
• Operating system in a manner that will minimize potential wildfire risks. • Taking all reasonable and practicable actions to minimize the risk of a catastrophic wildfire caused by BEU electric facilities.
• Coordinating with federal, state, and local fire management personnel as necessary or appropriate to implement BEU’s Wildfire Mitigation Plan. • Immediately reporting fires, pursuant to existing BEU practices and the requirements of this Wildfire Mitigation Plan.
• Taking corrective action when the staff witnesses or is notified that fire protection measures have not been properly installed or maintained.
• Complying with relevant federal, state, and industry standard requirements, including the industry standards established by the California Public Utilities Commission. • Collecting and maintaining wildfire data necessary for the implementation of this Wildfire Mitigation Plan.
• Providing regular training programs for all employees having obligations for implementation of this Wildfire Mitigation Plan.

BEU has evaluated practical and feasible improvements to its physical assets to reduce the fire hazard due to BEU’s equipment. BEU’s response has been to:
• significantly increase vegetation removal in the elevated threat areas; • increase the number of patrols during red-flag periods to check for downed lines and broken or damaged poles and cross-arms;
1015
Banning Electric Utility Wildfire Mitigation Plan
June 2024
16 • install expulsion-limiting fuses and avian protection at pole connections as a standard practice, and
• pilot a project to inspect and take inventory of all the 12.47 kV and 34.5/69 kV circuits which will aid in the adoption of a more rigorous inspection program for circuits located in the elevated threat areas.

C. WILDFIRE RESPONSE AND RECOVERY
Whether or not Banning’s Emergency Operations Plan is put into action, BEU emergency respondents have an obligation to communicate directly with local field level emergency response personnel as well as with local government officials during an apparent emergency event.

BEU staff have the following obligations regarding fire prevention, response and investigation:
• Take all reasonable and practicable actions to prevent and suppress fires resulting from BEU electric facilities.
• Follow BEU protocols during Red Flag Warnings.

D. COORDINATION WITH WATER UTILITIES/DEPARTMENT
BEU coordinates either directly with the Water/Wastewater Superintendent regarding information and implementation of strategies directly related to wildfire mitigation efforts. This communication would usually be elevated to the Public Works Director who oversees the Water/Wastewater Division during an actual wildfire event to ensure that all levels of management are informed of mitigation procedures and any fire-fighting activity that may be present within City limits that may affect power to water/wastewater resources.

E. COORDINATION WITH OTHER POWER AND COMMUNICATION

INFRASTRUCTURE PROVIDERS
Coordination with Southern California Edison (SCE)
SCE has 220, 115, and 33 kV lines within BEU’s service territory. SCE has developed their own Wildfire Prevention and Mitigation Plan detailing their plans for preventing any wildfire events and BEU and SCE are cooperating to reduce any impacts of the SCE plan on Banning customers.

Banning receives all its power imports SCE’s 115 kV transmission lines from El Casco Substation to SCE’s Banning Substation. SCE also has the ability to feed Banning through three other 115kV transmission lines from Zanja, Maraschino, or Devers Substations to SCE’s Banning Substation. There are six 33 kV lines out of Banning Substation. Three of these lines (Dysart, Saddleback, and Stubby) serve SCE customers outside BEU’s service territory, with the remaining three serving Banning loads. 1016
Banning Electric Utility Wildfire Mitigation Plan
June 2024
17 SCE has performed system studies to determine what would happen to Banning residents if different combinations of these three lines serving Banning were interrupted.

Depending upon the circuit interrupted, Banning could see up to two-thirds of its load dropped.

Banning does not currently utilize any internal generation that could make up the capacity shortfall, which could cause significant impacts on Banning’s customers.

As a result, BEU and SCE will need to develop protocols for inspecting and energizing SCE lines that have tripped or been purposely de-energized during red flag periods. Development of these protocols had been designated as high priority in BEU’s initial WMP, however to date there has been minimal activity on the development of these protocols. BEU hopes to have these protocols in the near future as it engages SCE on topic discussion and provide feedback in a future WMP update.

Coordination with Communication Infrastructure Providers BEU has a direct relationship with communications providers such as Verizon, Frontier, AT&T, Spectrum/Charter, TMobile, MCI and others. Most communications regarding removal or upgrade of overhead utilities is handled through a Joint Pole Authorization (JPA) process. The JPA tracks the progress of changes to utility (joint pole owner) connections at any given pole and tracks the costs associated with specific changes or upgrades. The changes include but are not limited to new attachments, replacement of existing attachments, pole inspections, and removal of utility poles to convert to underground construction.

When communications with these companies are of an urgent matter, for instance in a high risk or red flag weather condition or if there is damage present at a utility pole, direct communication is required in order to assess all conditions and prepare for emergency. First responders are supplied with all of the direct contact information for these companies.

F. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM
As a local governmental agency, 1 BEU has planning, communication, and coordination obligations pursuant to the California Office of Emergency Services’ Standardized Emergency Management System (“SEMS”) Regulations,2 adopted in accordance with Government Code section 8607. The SEMS Regulations specify roles, responsibilities, and structures of communications at five different levels: field response, local government, operational area, regional, and state.3 1 As defined in Cal. Gov. Code § 8680.2.
2 19 CCR § 2407.
3 Cal. Gov. Code § 2403(b):
(1) “Field response level” commands emergency response personnel and resources to carry out tactical decisions and activities in direct response to an incident or threat. 1017
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18 Pursuant to this structure, the City of Banning annually coordinates and communicates with the relevant safety agencies as well as other relevant local and state agencies.

BEU operates under the objectives and policies described within City of Banning’s Emergency Operations Plan; the latest version of the plan was adopted in December 2012. The level of communication, training, and coordination required from management, field personnel, and responding agencies is outlined within this plan. This plan is also fully compliant with the National Incident Management System (NIMS), which was enacted by the US Department of Homeland Security on March 1, 2004.

SEMS/NIMS have five essential functions adapted from ICS. These functions, while originally designed to give direction and control only to field level responders, are also applicable in the EOC at the local government, operational area, regional, and state levels. They are:
• Command (field level) or Management (EOC level)
• Operations
• Planning & Intelligence
• Logistics
• Finance & Administration
Wildfires are considered a Level 2 Emergency Alert under the SEMS structure. Activation of personnel during a wildfire emergency is described in the following chart taken from Banning’s Emergency Operations Plan:
(2) “Local government level” manages and coordinates the overall emergency response and recovery activities within their jurisdiction.
(3) “Operational area level” manages and/or coordinates information, resources, and priorities among local governments within the operational area and serves as the coordination and communication link between the local government level and the regional level. (4) “Regional level” manages and coordinates information and resources among operational areas within the mutual aid region designated pursuant to Government Code §8600 and between the operational areas and the state level. This level along with the state level coordinates overall state agency support for emergency response activities. (5) “State level” manages state resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the mutual aid regions and between the regional level and state level, and serves as the coordination and communication link with the federal disaster response system.
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19 Figure 4 - Banning EOC Activation Levels
Under the SEMS structure, a significant amount of preparation is done through advanced planning at the county level, including the coordination of effort of public, private, and nonprofit organizations. Riverside County serves as the Operational Area and is guided by the Riverside County Disaster Council that is made up of representatives of several officials which include members of the Banning City Council. The Banning City Mayor, and lead representative of Banning City Council, is responsible for declaring a local disaster and implementing the Emergency Operations Plan. The Operational Area includes local and regional organizations that bring relevant expertise to the wildfire prevention and recovery planning process. These participants include Riverside County Sheriff – Banning Station, Riverside County Fire/CDF/ESC, Executive Management Team, Riverside County Office of Emergency Services, Banning Unified School District, Morongo Tribe, Banning City Council, EOC Command Management Staff, the American Red Cross, Hospitals, special districts, communications providers, and other similar organizations.
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20 Pursuant to the SEMS structure, BEU members are encouraged to participates in annual training exercises that are coordinated through other local and county agencies. NIMS Training and Emergency Preparedness training is required for all emergency response personnel. Participation in Tabletop Exercises, Functional Exercises and Multi-Agency Exercise are recommended to provide emergency responders with a realistic simulation of emergency events with full field deployment.

BEU is a member of the California Utility Emergency Association, which plays a key role in ensuring communications between utilities during emergencies. BEU also participates in the Western Energy Institute’s Western Region Mutual Assistance Agreement, which is a mutual assistance agreement covering utilities across several western states. 1020
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21 IV. WILDFIRE RISKS AND DRIVERS ASSOCIATED WITH DESIGN,

CONSTRUCTION, OPERATION, AND MAINTENANCE
A. PARTICULAR RISKS AND RISK DRIVERS ASSOCIATED WITH

TOPOGRAPHIC AND CLIMATOLOGICAL RISK FACTORS
Climate change is expected to cause increased temperatures, drier conditions, and insect outbreaks in the decades to come, all of which will likely increase the risk of wildfires, especially in the western United States. 4 Because wildfire risk is tied to higher temperatures, drought, and flooding, comprehensive resilience planning for multiple impacts is critical for communities.

Within BEU’s service territory and the surrounding areas, the primary risk drivers for wildfire are the following:
• Extended drought;
• Vegetation type;
• Vegetation Density;
• Weather;
• High winds;
• Terrain;
• Changing Weather Patterns (Climate Change)
• Communities at Risk
• Fire History
Banning has two primary areas where the potential for wildfires is high due to fuels or vegetation, winds and terrain. The northeaster portion of Banning, the Banning and Mias Canyon areas, is a rugged, hilly area with canyons that makes travel through it difficult. This is the City’s primary fire threat area. Wildfires can start within this area and then move to the west into the populated areas of Banning and unincorporated Riverside County due to prevailing winds.

The other area of concern is the undeveloped Communication Hill area of north-central Banning that contains communication towers and water reservoirs atop a large hill. Directly to the east side are two large undeveloped areas comprised of Gilman Ranch and Sunnyslope Cemetery. The Gilman Ranch and Sunnyslope Cemetery areas will be developed in the next few years, reducing wildfire threats. BEU has to plan on fires in the area even though BEU only has less than a combined 800 feet of overhead distribution line in these areas. SCE has several high voltage 115 kV transmission lines going east-west across the very northern part of the area.

Asset Classification
4 D.J. Wuebbles et al., Climate Science Special Report: Fourth National Climate Assessment, (Washington, DC: U.S. Global Change Research Program, 2017)
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22 BEU does not have any substations in Banning and Mias Canyons, Communication Hill, or Gilman ranch and Sunnyslope areas. BEU has a single, 12.47 kV overhead circuit along Gilman Street in the Gilman Ranch area, a single 12.47 kV overhead circuit through Banning Canyon adjacent to Bluff Street and a single-phase 7.2 kV overhead circuit through Mias Canyon on Mias Canyon Road. BEU does not have any 34.5 or 69 kV transmission lines through any of these areas.

The 12.47 kV overhead circuit on Gilman Street will eventually be converted to an underground circuit that will serve a future development to the north. The threat of wildfire being caused by utility lines in this area will be eliminated through grid hardening.

Both Banning Canyon and Mias Canyon lie within the Tier 3 extreme risk threat level area and present a challenge for BEU to provide reliable energy to these areas during an event that could potentially spark a wildfire.

One such challenge is that Banning Canyon is frequently referred to as the “Water Canyon” in that there are eight water distribution wells in which BEU currently provides energy. If BEU were to disconnect power to these wells, CAL Fire may be extremely limited in fire protection resources if these wells aren’t pumping and providing water to fight wildfires. At the same time, the city’s customers/rate payers could possibly be forced to operate on short water supply during a wildfire event which would have an immediate impact on quality of life for Banning residents.

SCE had undergone a project to replace most of their facilities thru the water canyon and has completed a significant portion of the project that includes joint poles with BEU facilities.

Unfortunately, BEU was not able to effectively participate in hardening their facilities on this circuit due to inability to efficiently coordinate. There were several time-sensitive factors that disallowed BEU’s consistent involvement in the project. SCE completed their portion of the upgrades to this circuit in late 2021.

Mias Canyon poses a unique challenge because BEU currently provides primary 12.47kV and

7.2kV electric power through Mias Canyon Road (Figure 5), and SCE transforms BEU’s primary power to secondary power at 240 V to serve 14 residential customers in this area (meters are owned by and billed through SCE). The task that must be defined is what type of event will require BEU to de-energize Mias Canyon and how will this be accomplished? What role will SCE play in this situation and what authority will they have? BEU has discussed with SCE the need for the

12.47kV and 7.2kV circuits that serve Mias Canyon to be regulated with an on-line 15 kV rated distribution circuit recloser that will allow BEU to shut off power to this area if the utility feels that de-energization is warranted. BEU is working diligently with SCE to reach a consensus on the sequence of operations during such an event such as notifying resident of any potential fire threats and coordinating any information it releases to SCE to avoid releasing contradictory information or miscommunicating during field operations.
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23 Figure 5 - Primary Utility in Tier 3 Area
To ensure conformity with all required actions of SB 1054, a timeline for necessary action to remediate potential threats in the Banning and Mias Canyon Tier 3 zones and other projects in Tier 2 zones is presented in Table 2.
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24 Location Fire
Threat
Tier
Electric
Assets
Risk Description Targeted Action/s Timeframe
Banning
Canyon
3 12.47kv OH
distribution -
3 miles
Single-circuit overhead line
feeds 8 water distribution
wells needed for fresh
water and fire protection
Joint project with
SCE to harden the
line which will
include covered
conductor, avian
protection, fireretardant wrap at
base of poles, and

12.47kV recloser near
base of the canyon.

Construction
schedule is
currently
unknown.

Coordination
with SCE on
shared cost will
be required. Due
to budget
constraints,
construction
activity will fall
into BEU’s new
Electric Master
Plan to be
completed
during FY 24/25.

Additional
information will
be provided in a
future WMP
update.

Mias Canyon 3 BEU provides
OH 12.47kv
and 7.2kv
through Mias
Canyon to 14
SCE
customers
No disconnect device
(recloser) exists to
disconnect power to SCE
customers in case of fire
emergency.

Operating procedures with
SCE have not been
established. Coordination
prior to construction will be
required.

Install temporary inline stick operated
disconnects.

Develop engineering
estimate for line
upgrade and
reclosers
Increase monitoring
and limit fuels
Design is
currently
complete.

Application for
grant funding
thru FEMA is
complete and
awaiting
decision on
award. Grant
funding thru
Prepare CA
match has been
approved as of
November 2022.

Construction to
begin after
award of FEMA
grant funds,
tentatively
scheduled to
begin FY 24/25.
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25 South of the I10 Freeway
between
Sunset Avenue
and South
Highland
Home Road
2 BEU provides
OH 34.5kV for
subtransmission
voltage to
Midway
Substation,

12.47kv and

7.2kv for
supplemental
service to a
housing tract
and
municipal
water
facilities
Water wells and pump
stations within this Tier 2
area are directly affected
by loss of power along this
pole line
Joint project with
City of Banning
Public Works and
current developer to
harden/underground
the facilities as part
of the new Sun Lakes
Blvd extension
between Sunset
Avenue and
Highland Home
Road
Development
agreement is
being pursued
thru the City for
funding of this
project. This
project will be
incorporated
within BEU
upcoming
Capital
Improvement
Program.

East Banning,
North of I-10
Freeway
2 BEU provides
OH 12.47kv
and 7.2kv
along the
boundary of
North
Hathaway
Street
Service to large industrial
facilities is affected by loss
of power along this pole
line.

Joint project with an
aggregate
processing industrial
user to harden a
pole line due to a
required relocation
and joint projects
with several large
warehouse
developments to
and underground
facilities along
Hathaway Steet,
Nicolet Street and
Wilson Street.

Design for the
pole hardening
project is
currently
complete.

Coordination
with the industrial
user has
commenced
and is scheduled
to be completed
during FY 24/25.

Undergrounding
of overhead
utilities will be
coordinated in
phases with the
large industrial
developers. The
effort is
expected to last
several years
and is tentatively
scheduled to
begin FY 25/26.

Table 2 - Action Plan for Tier 2 and Tier 3 Areas
B. ENTERPRISEWIDE SAFETY RISKS
BEU does not have a database of what type of events have caused the most fires over the years.

Based on current outage information, the ranking of factors causing BEU’s outages was estimated as equipment deterioration or failure, vegetation (tree branches and palm fronds), vehicles running into BEU equipment, animals (mostly birds, snakes, and rodents), mylar balloons, lightning and vandalism.
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26 During the past three years, BEU’s largest and longest lasting outages have been caused by equipment deterioration or failure and vehicle damage to BEU equipment. The most outages (by number) over this period are due to equipment deterioration or failure, vegetation (mostly customer trees in service laterals) and vehicles hitting BEU equipment. BEU contracts with professional tree trimming vendors to ensure that all transmission and distribution equipment within the public right-of-way and on City-owned property are clear from any potential hazards involving vegetation.

BEU has had a long-term problem with palm fronds and other taller trees on private property throughout the city that blow free during wind events and fall across BEU’s power lines. BEU’s field staff does its best to engage and educate property owners of the inconvenience to other rate payers and potential dangers that may be present by allowing tree branches to reside near live power lines. Older, unkept trees that have the appearance of deterioration possibly due to tree rot are given the highest priority for required action. BEU may impose penalties that may include a fine or temporary disconnection of electric service if such vegetation hazards are not remedied within a specified amount of time once official notice of the unsafe condition is given.

C. CHANGES TO CPUC FIRE THREAT MAP
BEU has considered the recommended threat levels identified on the CPUC Fire Threat Map and proposes to evaluate and remedy our construction standards accordingly. However, BEU has identified certain challenges to the methodology used to identify some of the areas with the service territory as high-risk wildfire threat zones.

As expressed in previous WMP updates, BEU may choose to evaluate and recommend the following areas be eliminated from designation as a high-risk fire area although the CPUC fire map and FRAP Map show these areas as elevated risk areas:
• The site of the Rancho San Gorgonio Development
• East Banning north and south of the Banning Airport
• Gilman Ranch and Sunnyslope Cemetery areas,
• The portion of southeast Banning that lies south of Wesley Street and Smith Creek BEU believes that these areas could potentially have low risk of wildfire ignition due to the existence of only a few hundred feet of overhead wire in these sparsely developed areas. BEU also does not plan to construct additional overhead lines in these areas. Additionally, within the next few years, three new master planned communities will begin construction in the Rancho San Gorgonio, Gilman Ranch and Sunnyslope Cemetery areas, eliminating much of the undeveloped at-risk area.

BEU is currently in the process of new Electric Master Plan to address many aspects of improvement within its distribution system, which will also detail how to evaluate and effectively mitigate the areas referenced above. The plan, which will commence during the 2025 WMP review period, will 1026
Banning Electric Utility Wildfire Mitigation Plan
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27 outline recommended funding mechanisms to achieve its goals while also evaluating the level of risk associated with these areas, if any at all. This information will be presented to the Board for review and guidance based on BEU’s findings.
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28 V. WILDFIRE PREVENTATIVE STRATEGIES
A. HIGH FIRE THREAT DISTRICT
BEU directly participated in the development of the California Public Utilities Commission’s (CPUC) Fire-Threat Map,5 which designates a High-Fire Threat District. In the map development process, BEU served as a territory lead, and worked with utility staff and local fire & government officials to identify the areas of BEU’s service territory that are at an elevated or extreme risk of power line ignited wildfire. BEU has incorporated the High Fire Threat District into its construction, inspection, maintenance, repair, and clearance practices, where applicable.

B. WEATHER MONITORING
BEU monitors current and forecasted weather data from a variety of sources including:
• United States National Weather Service
• United States Forest Service Wildland Fire Assessment System • National Fire Danger Rating System
• National Interagency Fire Center – Predictive Services for Northern and Southern California. • Any official warnings from CAL Fire
BEU assigns one of four operating conditions based on the relevant weather data and knowledge of local conditions:
(1) Normal: During normal conditions, no changes are made to operations or work policy. (2) Elevated: During elevated fire-risk conditions, patrols begin in the areas of elevated and extreme risk to wildfires.
(3) Extreme: During extreme fire-risk conditions, an additional crew is assigned to either patrol or remain on stand-by to assist with any corrective action in the areas of elevated and extreme risk to wildfires.
(4) Red Flag: If the National Weather Service declares a Red Flag Warning for any portion of BEU’s service territory, then an additional crew will be assigned to patrol the areas of elevated and extreme risk to wildfires and assist with any corrective action needed. 5 Adopted by CPUC Decision 17-12-024.
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29 C. DESIGN AND CONSTRUCTION STANDARDS
BEU’s electric facilities are designed and constructed to meet or exceed the relevant federal, state, or industry standard. BEU treats CPUC General Order (GO) 95 as a key industry standard for design and construction standards for overhead electrical facilities. BEU meets or exceeds all standards in GO 95. Additionally, BEU monitors and follows as appropriate the National Electric Safety Code.

D. VEGETATION MANAGEMENT
BEU meets or exceeds the minimum industry standard vegetation management practices. For transmission-level facilities, BEU complies with NERC FAC-003-4, where applicable. For both transmission and distribution level facilities, BEU meets: (1) Public Resources Code section 4292; (2) Public Resources Code section 4293; (3) GO 95 Rule 35; and (4) the GO 95 Appendix E Guidelines to Rule 35. These standards require significantly increased clearances in the High Fire Threat District. The recommended time-of-trim guidelines do not establish a mandatory standard, but instead provide useful guidance to utilities. BEU will use specific knowledge of growing conditions and tree species to determine the appropriate time of trim clearance in each circumstance.

GO 95, Rule 35, Table 1
Case Type of Clearance Trolley
Contact,
Feeder and
Span Wires,
0-5kv
Supply
Conductors
and Supply
Cables, 750 -
22,500 Volts
Supply
Conductors
and Supply
Cables, 22.5 -
300 kV
Supply
Conductors
and Supply
Cables, 300 -
550 kV (mm)
13 Radial clearance of
bare line conductors
from tree branches
or foliage
18 inches 18 inches ¼ Pin
Spacing
½ Pin
Spacing
14 Radial clearance of
bare line conductors
from vegetation in
the Fire-Threat District
18 inches 48 inches 48 inches 120 inches
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30 Appendix E
Guidelines to Rule 35
The radial clearances shown below are recommended minimum clearancesthat should be established, at time of trimming, between the vegetation and the energized conductors and associated live parts where practicable. Reasonable vegetation management practices may make it advantageous for the purposes of public safety or service reliability to obtain greater clearances than those listed below to ensure compliance until the next scheduled maintenance. Each utility may determine and apply additional appropriate clearances beyond clearances listed below, which take into consideration various factors, including: line operating voltage, length of span, line sag, planned maintenance cycles, location of vegetation within the span, species type, experience with particular species, vegetation growth rate and characteristics, vegetation management standards and best practices, local climate, elevation, fire risk, and vegetation trimming requirements that are applicable to State Responsibility Area lands pursuant to Public Resource Code Sections 4102 and 4293.

Voltage of Lines Case 13 Case 14
Radial clearances for any conductor of a line
operating at 2,400 or more volts, but less than
72,000 volts
4 feet 12 feet
Radial clearances for any conductor of a line
operating at 72,000 or more volts, but less than
110,000 volts
6 feet 20 feet
Radial clearances for any conductor of a line
operating at 110,000 or more volts, but less than
300,000 volts
10 feet 30 feet
Radial clearances for any conductor of a line
operating at 300,000 or more volts
15 feet 30 feet
Within the High Fire Threat District, BEU performs an evaluation of every tree that has the potential to strike overhead facilities it if were to fail on a basis required by statewide frequency requirements. BEU performs more frequent and detailed inspections of any such trees, and in cases where “hazard trees” (dead, dying, diseased or leaning) could strike the facilities, will work with the land owner to remove the tree or portion of the tree that poses a risk.

BEU has completed vegetation management on all of it poles in the Tier 2 and Tier 3 HFTD and also in other areas identified by CAL Fire as possible hazardous to wildfire between April and June of 2023. The vegetation management activities include clearing away any tree branches, dry brush, or other types of vegetation within 4ft of energized line and up to 10ft from base of each pole operating at 12,470 volts and below. The poles that were identified and mitigated are shown in Figure 6 below.
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31 Figure 6 - Poles Cleared for Vegetation Management
There are approximately 164 solely owned and jointly owned utility poles that BEU mitigated during this maintenance interval, and will continue to do annually as part of the vegetation management and fuel reduction program. Many of the areas identified in Figure 6 above aren’t in the traditional Tier 2 and Tier 3 HFTD. We believe this is due to the incorporation of areas into the Fire Map that have had historical fire data, which do not pose elevated risks to wildfire. As a best practice, BEU has decided to incorporate these poles into our vegetation management program regardless of their relevance to Wildfire Mitigation. 1031
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32 E. INSPECTIONS
BEU meets or exceeds the minimum inspection requirements provided in CPUC GO 165 and CPUC GO 95, Rule 18. Pursuant to these rules, BEU inspects electric facilities in the Hight Fire Threat District more frequently than the other areas of its service territory. Additionally, BEU staff uses their knowledge of the specific environmental and geographical conditions to determine when areas outside of the High Fire Threat District require more frequent inspections.

BEU performs a detailed inspection of each pole. Detailed inspections include careful visual inspections of each pole to identify any non-conformance with GO 95 and GO 165, infringement by other utilities on poles or rights-of-way, defects, potential safety hazards and deterioration of poles, cross-arms or insulators.

BEU also performs safety/visual inspections (also known as patrols) of cross-arms, insulators and conductor, a brief visual inspection to identify obvious damage or non-conformance of the poles that could result in an ignition source.

Finally, BEU performs detailed pole tests to assess the condition of transmission and distribution poles to identify which poles need to be repaired or replaced. The specific tests include pole sounding, butt testing, and visual inspections. The test information is used to determine the pole strength and shell thickness.

If BEU staff discovers a facility in need of repair that is owned by an entity other than BEU, BEU will issue a notice to repair to the facility owner and work to ensure that necessary repairs are completed promptly. If BEU owns utility space on this pole, then the notification will be filed through the JPA process.

BEU works to ensure that all inspections to be performed within the High Fire Threat District are completed before the beginning of the historic fire season, which typically began on September

1. However, California continues to experience destructive wildfires and prolonged periods of high fire danger due to an extended drought, which produces a near year-round fire season.

Therefore, BEU monitors drought conditions and other relevant factors throughout the year to determine if inspections should be completed on a shorter timeframe.

In Tiers 2 and 3 of the High Fire-Threat District, the inspection intervals for Solely-owned and Joint Use poles shall not exceed the time specified in the following Table.

Inspection Tier 2 Tier 3
Patrol 2 Years 1 Year
Detailed – Includes pole-butt tests and/or
intrusive testing
10 Years 5 Years
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33 Although Tier 2 patrol inspection intervals are designated to be completed in two-year intervals, BEU has decided for now to patrol these areas yearly while drought conditions persist.

F. WORKFORCE TRAINING
BEU has implemented work rules and complementary training programs for its workforce to help reduce the likelihood of the ignition of wildfires. As described earlier, the Election Operations Manager is responsible for such safety programs, which includes specific training that helps crews recognize and predict wildfire trends and patterns and learn the skills required to evaluate and install new protective equipment to reduce fire risk.

G. RECLOSING POLICY
BEU currently handles all circuit reclosing activities at the substation, particularly at the feeder circuit breaker control level. BEU does not currently have any in-field distribution circuit reclosers installed in its distribution system. However, BEU does plan to provide circuit reclosers on its circuit that supplies power to both Banning Canyon and Mias Canyon due to extreme (Tier 3) fire risk that this particular area is exposed to.

H. DE-ENERGIZATION
The combination of predicted wind gusts up to 50 mph, low humidity of 5 to 10 percent, and warm temperatures have created a Red Flag warning for extreme fire conditions in our area. As a result, of the most contentious areas of discussion in wildfire mitigation analysis has been the willingness or ability of utilities to de-energize transmission and distribution circuits during red flag weather events or other high-risk periods. Public Safety Power Shut-Offs (PSPS) is the de-energization of power lines to protect public safety under California law.

While SCE alerts have been deployed to BEU customers that the Dysart, Saddleback, and Stubby circuits could experience PSPS events during red flag weather events, these events will not impact Banning Electric Utility customers at this time. These unincorporated areas currently affected by PSPS are not served by BEU. A potential PSPS event within the City of Banning would only occur if the Banning Circuit out of El Casco is impacted by a PSPS event. Currently, the Banning Circuit out of El Casco is not scheduled for a PSPS event. If an SCE PSPS will impact Banning Electric Utility customers in the future, every attempt will be made to alert and inform our customers.

BEU identifies two separate justifications for de-energizing a circuit. The first is for operational reasons, such as a local fire or request by safety officers for a specific circuit to be de-energized as a result of an ongoing event. The second is a pre-emptive de-energization to reduce fire risk or some other potential impact due to anticipated conditions.

BEU recognizes that de-energizing circuits could have an impact on surrounding utilities such as SCE, water production and pumping facilities, wastewater reclamation facilities, local 1033
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34 communication switchyards and cell towers. Any de-energization policy must consider the impacts on these entities. More importantly, de-energizing lines affects the ability of fire fighters to control the fire.

BEU will continue to de-energize circuits for operational reasons at the request of police and fire personnel. At this time, BEU does not intend to preemptively de-energize lines due to the impact on firefighting capabilities in the City. However, BEU must evaluate the effects of possible SCE line de-energization on its ability to serve customers during extreme weather events.

While not BEU’s initial intent, this plan recognizes that BEU has the authority to preemptively shut off power due to fire-threat conditions; however, this option will only be used in extraordinary circumstances. BEU will make a case-by-case decision to shut off power based on the following considerations:
• Red Flag Warnings issued by the National Weather Service for fire weather zones that contain BEU circuits;
• BEU staff assessments of local conditions, including wind speed (sustained and gust), humidity and temperature, fuel moisture, fuel loading and data from weather stations; • Real-time information from staff located in areas identified as at risk of being subject to extreme weather conditions;
• Input from BEU fire experts and vegetation experts;
• Input from local and state fire authorities regarding the potential consequences of wildfires in select locations;
• Alternative ways to reroute power to affected areas;
• Awareness of mandatory or voluntary evacuation orders in place; • Expected impact of de-energizing circuits on essential services; • Other operational considerations to minimize potential wildfire ignitions, including the blocking of reclosers on the identified circuit(s);
• On-going fire activity throughout BEU territory and California; • Ability to notify customers;
• Notifications to local governments and public officials; and • Potential impacts to communities and customers
A typical but not required procedure for identifying and responding to potential wildfire threats would be:
• During Extreme weather events where wind gusts exceed 25 mph, activate the appropriate operations requirements in response to the weather which may include public advisory through various communication channels
• During Red Flag weather events where wind gusts exceed 50 mph, activate the appropriate operations requirements in response to the weather, which will include public notice to customers of a potential PSPS event
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35 Banning will occasionally experience higher than normal wind speeds, some that may exceed 80 mph. It is important for BEU to be even more vigilant during these extreme wind events, which may necessitate the need de-energize in elevated risk areas that may be susceptible to wildfire. BEU plans to evaluate each case individually in order to make the best decision regarding PSPS for the Utility and its customers.

1. IMPACTS TO PUBLIC SAFETY
While there are not any impacts directly related to public safety through power shutoff, BEU understands the difficulty of its customers being able to function regularly and safely during a power outage. BEU always recommends that its customers prepare for outages regardless of cause.

2. CUSTOMER NOTIFICATION PROTOCOLS
BEU has sent letters to all customers encouraging them to follow Banning Electric on Twitter, Facebook, and Instagram for future updates and alerts and register for alerts and updates on the City of Banning at Nixle. Nixle helps keep customers up-to-date with relevant information from your local public safety departments & schools.

Key Accounts
BEU has a responsibility to the community when it comes to providing safe, reliable, and sustainable power to its customers. In that mission, BEU recognizes that it is important to keep its most vulnerable customers abreast of all information on situations that could have an impact on power delivery. BEU staff is developing a Key Accounts system that will quickly and thoroughly notify medical baseline customers and others that are identified as critical facilities in any event that poses a risk of wildfire and/or will compromise delivery of electric power to BEU customers.

Key Accounts will not be limited to only critical care customers; it will include other critical demand customers as well such as first responders, public safety, mass transit, local government, etc.
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June 2024
36 VI. COMMUNITY OUTREACH AND PUBLIC AWARENESS
To date, BEU has not had any other community outreach in regard to fire safety aside of presenting each Wildfire Mitigation Plan thru Public Hearings at Banning City Council meetings. BEU plans to hold community meetings when appropriate to discuss information on BEU’s fire mitigation activities including the potential use of PSPS de-energization protocols. Subject matter expert personnel will be available at these meeting and will deliver information and answer questions related to a variety of topics including:
• Climate change impacts on wildfires
• Grid hardening and other engineering practices
• Vegetation management
• Weather monitoring as it relates to elevated/extreme threat and red flag events • PSPS protocol
• Safety during outages
1036
Banning Electric Utility Wildfire Mitigation Plan
June 2024
37 VII. RESTORATION OF SERVICE
If a transmission or distribution line has been de-energized in anticipation of a wildfire threat, BEU troubleshooters or patrollers must perform additional steps prior to re-energization. In an event of a wildfire where distribution poles or transmission structures were burned, additional steps must be taken to rebuild the lines. BEU field crews must take several important steps prior to restoring electrical service after a de-energization event which include:
• Patrol - look for vegetation in lines and any obvious damage that may prevent safe energization; notify communication company(ies) if their cables have been affected and relocate if safe to do so
• Repair – if equipment damage is found, additional crews are dispatched with new materials to repair or replace damaged equipment after area is cleared of any obstructions
• Test - once the lines and poles are safe to operate, crews test the infrastructure by closing the fuse, or breaker to re-energize the power line
• Restore - power is restored and BEU provides notification of power restoration to customers 1037
Banning Electric Utility Wildfire Mitigation Plan
June 2024
38 VIII. EVALUATING OF THE PLAN
A. METRICS AND ASSUMPTIONS FOR MEASURING PLAN PERFORMANCE BEU will track two metrics to measure the performance of this Wildfire Mitigation Plan: (1) number of fire ignitions; and (2) wires down within the elevated fire threat areas.

METRIC 1: FIRE IGNITIONS
For purposes of this metric, a fire ignition is defined as follows:
• BEU facility was associated with the fire;
• The fire was self-propagating and of a material other than electrical and/or communication facilities;
• The resulting fire traveled greater than one linear meter from the ignition point; and • BEU has knowledge that the fire occurred.

While there have been no ignitions of fire by BEU facilities as of the drafting of this plan, there has been one fire of 10 acres or more and another fire under 10 acres that have occurred within City limits since the 2023 WMP update. Both fired however were outside of the BEU service territory:
• On May 25, 2024, a 34-acre vegetation fire ignited on Idyllwild Highway in unincorporated Banning and was contained the same day. There were no BEU facilities within the area. • On May 28, 2024, a 7-acre vegetation fire ignited on Idyllwild Highway in unincorporated Banning and was contained the same day. There were no BEU facilities within the area.

METRIC 2: WIRES DOWN
The second metric is the number of distribution and transmission wires downed within BEU’s elevated fire threat areas annually. For purposes of this metric, a wire down event includes any instance where an electric transmission or primary distribution conductor falls to the ground or on to a foreign object.

BEU will not normalize this metric by excluding unusual events, such as severe storms. Instead, BEU will supplement this metric with a qualitative description of any such unusual events.

B. IMPACT OF METRICS ON PLAN
BEU Performance Metrics
Table 3 below gives some information on BEU’s performance metrics during this plan review period per the performance categories above.
1038
Banning Electric Utility Wildfire Mitigation Plan
June 2024
39 Category Performance Metric
Equipment Failure Number of fire ignitions due to equipment failure in Tier 2 or 3 HFTD: 0 Number of wires down in Tier 2 or 3 HFTD: 0
Number of pole failures in Tier 2 or 3 HFTD: 1
Vegetation Management Number of outages caused by wire contact with vegetation in Tier 2 or 3 HFTD: 0
Number of recurring tree issues in Tier 2 or 3 HFTD: 0
Construction Feet of primary non-insulated conductor replaced with insulated conductor in Tier 2 or 3 HFTD: 0
Feet of primary conductor placed underground in Tier 2 or 3 HFTD (grid hardening): 3200 (includes some new construction)
Number of wood poles equipped with fire-protectant wrap in Tier 2 or 3 HFTD:
0 Number of wood poles replaced with fire-resilient poles in Tier 2 or 3 HFTD: 0 Installation of avian protection over equipment connections at utility poles in Tier 2 or 3 HFTD: 0
Table 3 - WMP Performance Metrics
C. MONITORING AND AUDITING THE PLAN
This Wildfire Mitigation Plan will be presented to Banning City Council in June of 2024 as part of the Public Hearing process. BEU will present an update of this plan by way of Public Hearing before the Banning City Council on an annual basis. Each year, BEU will conduct an internal audit of the plan as it is updated.

D. IDENTIFYING AND CORRECTING DEFICIENCIES IN THE PLAN
As each WMP plan update is reviewed, any noted areas of improvement will be presented to the Banning City Council for inclusion. Specific areas that should be examined include identifying better communication methods with residents in high threat fire areas and identifying better evacuation methods. Evacuation and communication issues are part of the Riverside County’s and City of Banning’s Local Hazard Mitigation Plan (LHMP) and they will be responsible for implementing their plans with BEU’s assistance. A primary goal of the City is to implement a mass communication system to help during disasters.

BEU will collaborate with SCE on protocols for notifying residents of Mias Canyon and City of Banning operational facilities in Banning Canyon of any potential fire threats. If necessary, SCE could make regional notifications of potential PSPS and fire threats and BEU must coordinate any 1039
Banning Electric Utility Wildfire Mitigation Plan
June 2024
40 information it releases with SCE to avoid releasing contradictory information. BEU will continue to monitor area weather conditions and work with SCE to provide advanced warning of extreme weather events, elevated fire danger conditions, and planned PSPS events that may affect BEU’s service to its customers.

E. MONITORING THE EFFECTIVENESS OF INSPECTIONS
The Wildfire Prevention Plan will be evaluated on an annual basis to assess its effectiveness. This Plan will be judged based upon:
• Number of downed wires in elevated fire threat areas annually; • Vegetation management in compliance with GO 95;
• Number of compromised poles repaired/replaced annually; • Feet of non-insulated conductor replaced with insulated/covered conductor in high threat fire areas where applicable;
• Feet of primary and secondary power lines placed underground in high fire threat areas (grid hardening)
• Number of wood poles equipped with fire protectant wrap, coating or barrier in high fire threat areas
• Number of wood poles replaced with fire-resilient poles in high fire threat areas • Installation of avian protection over equipment connections at utility poles within high fire threat areas
• Number of fires in elevated threat areas caused by BEU’s electrical equipment.

BEU intends to do its best at keeping wires from falling, being aggressive with its vegetation management, replacing or repairing all its poles and replace its non-insulated conductor with insulated or covered conductor in the areas that make the most sense, BEU should not be responsible for many, if any, fires in high-threat areas even though wildfires may start in the area due to other reasons.

Review of Mitigation Activity Accomplishments
During the initial year following the first draft of the WMP, BEU has implemented several strategies to help minimize the risk/potential of wildfire within its service area. Table 4 below details some of the accomplishments made to reduce wildfire risk.

Category Risk Description Accomplishments
Design and
Construction
New industrial development and Water
Well facility within Tier 2 HFTD area
Completed a 3,200 ft underground 12.47kV
line extension to a new industrial end user and
City Water Well facility. Most of this line
extension consisted of construction within the
Tier 2 HFTD.
1040
Banning Electric Utility Wildfire Mitigation Plan
June 2024
41 Design and
Construction
Distribution Construction Standards
Improvements
Added improvements to construction
standards such as the use of fiberglass cross
arms, covered conductor for Tier 3 HFTD areas,
avian protection, current limiting fuses, and
polymer insulators and the use of FRP-wrapped
wood poles, steel, or fiberglass poles in HFTD
areas
Inspection and
Maintenance
GO 165 Annual Inspections Annual system patrol to inspect the condition of electrical assets in Tier 3 HFTD areas 100%
complete. Bi-Annual system patrol and
inspection of Tier 2 HFTD areas is 100%
complete.

Operational
Practices
Relay/Reclosing Strategies Increased sensitivity for all substation reclosers on feeders with assets in the Tier 2 and Tier 3
areas
Table 4 - Mitigation Activity Accomplishments
To continue improving fire safety measures, BEU plans to utilize automated in-line field reclosers and cutout mounted reclosers at certain locations within the Tier 2 and 3 HFTD areas. Covered conductor will be utilized on utility lines within Banning Canyon and Mias Canyon which are the two areas that are almost completely within the Tier 3 HFTD, and BEU will analyze the use for other areas as well.
1041
Banning Electric Utility Wildfire Mitigation Plan
June 2024
42 IX. INDEPENDENT AUDITOR
Public Utilities Code section 8387(c) requires BEU to contract with a qualified independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of this Wildfire Mitigation Plan. An independent evaluator was utilized during the initial WMP documentation, and BEU will determine when it would be appropriate to utilized an independent evaluator for future WMP to evaluate completeness and issue a report that will be posted to the BEU website.
1042

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Zoning Text Amendment (ZTA 24-0050) and First Reading of Ordinance 1605, Amending Table 17.08.020 of Section

17.08.020 of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to Clarify that Affordable Housing Uses are Permitted by Right and are not Subject to Discretionary Action in Specified Zoning Districts as Required by State Law; and Making a Determination of Exemption from the California Environmental Quality Act
RECOMMENDATION:

Introduce, as read by title only, and waive further reading of Ordinance 1605.

BACKGROUND:

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 rescinded their previous conditional certification of the Housing Element and required revisions to an Ordinance previously approved by a former HCD reviewer. These revisions were detailed in the HCD comment letter dated February 21, 2022.

A revised 6th Cycle Housing Element Update was prepared, which addressed comments received from HCD and was reviewed by the Planning Commission on December 6, 2023, and was then reviewed and adopted by the City Council on January 9, 2024. The readopted 6th Cycle Housing Element was transmitted to HCD for Certification review. To be considered for Certification by HCD, the proposed Zoning Text Amendments contained in Ordinance 1600 were integral to implementing the Housing Element Programs. The adopted Ordinance 1600 was transmitted to HCD prior to the conclusion of HCD's 60-day review on March 14, 2024.

A letter from HCD dated March 29, 2024, stated that although the City of Banning 6th Cycle Housing Element complied with the statutory requirements of State Housing Element law, the Housing Element was found to not be in substantial compliance due to the wording of a line item in Table 17.08.020, and the wording of footnote number 7 of the same table. Staff worked directly with HCD to garner tentative agreement of proposed amendments to Table 17.08.020, and footnote number 7, as shown in redline/strikethrough format in the attached Draft Ordinance 1605.

Pursuant to an email conversation with HCD staff on May 17, 2024 (attached), the proposed Zoning Text Amendment/Ordinance 1605, when adopted, and an executed copy of which is transmitted to HCD, will garner certification of the 6th Cycle Housing Element. Until the 6th Cycle Housing Element is Certified 1043
by HCD, the City is not eligible to compete for federal, state, or local grant money. If HCD continues to find that the City has 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.

JUSTIFICATION:

Adoption of Ordinance 1605 will implement Zoning Text Amendment (ZTA 24-0050), a proposal to Amend Table 17.08.020 in BMC Section 17.08.020, Residential Zoning Districts (Chapter 17.08, Article I, Division II); amending Permitted and Conditionally Permitted Uses by moving the line item for "Affordable Housing" to just below "Multi-Family Housing" in the Table; and amending footnote number 7 to Table

17.08.020 of the BMC, from:
"
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."
to the following:
"
7 Affordable housing developments pursuant to Government Code Section 65583.2 and located within the multi-family housing zoning districts are permitted by right without a public hearing or discretionary action and, in the VHDR district, are permitted at a minimum density of 24 dwelling units to 30 dwelling units per acre."
Findings:

Finding A: The proposed Amendment is consistent with the goals and policies of the General Plan.

Findings of Fact: The proposed amendment to Title 17 (Zoning) is consistent with the following goals and policies of the General Plan: Community Development Element: Goal. A balanced, well planned community including businesses which provides a functional pattern of land uses and enhances the quality of life for all Banning residents. Policy 1. The City maintain a land use map which assures a balance of residential, commercial, industrial open space and public lands. Policy 2. The Planning, Public Works and Economic Development staff shall be closely coordinated, to assure [sic] efficient and cost effective processing of applications. Policy 3. Development in all land use categories shall be of the highest quality. Policy 4. Specific Plans shall be required to for projects proposing one or more of the following: More than one residential land use designation; A combination of residential, commercial and/or industrial land use designation; or Extension of infrastructure (water, sewer and roadways) into an area where these do not exist. Policy 5. All land use proposals shall be consistent with the goals, policies and programs of this General Plan, and with the Zoning Ordinance. Policy 6. The City shall implement a program for art in public places. Housing Element (6th Cycle Housing Element Update):

Goal Promote the maintenance and preservation of the City’s existing housing stock. Policy 1.1 Encourage the revitalization of the existing housing stock through rehabilitation programs. Policy 1.2 Continue to establish and enforce property maintenance regulations that promote the sound maintenance of property and enhance the livability and appearance of residential areas. Policy 1.3 Promote the development of attractive and safe housing to meet community needs.

Finding B. The proposed Amendment is consistent with the goals and policies of Title 17 of the Municipal Code (Zoning Ordinance).

Findings of Fact: The proposed amendment to Title 17 (Zoning) is internally consistent with the rest of Title 17. This proposed amendment will create opportunities for attractive and safe residential housing for all current and future City of Banning residents from all socio-economic groups. The Project will also implement Housing Element Policy 2.2 by supporting the development of housing affordable to all income groups by utilizing a variety of public and private efforts.

Finding C: That the Planning Commission has independently reviewed and considered the requirements of CEQA. Findings of Fact: As stated in Section 1 of this Resolution, Planning Division staff find and 1044
determine that the proposed amendments to Title 17 (Zoning), as set forth in Exhibit B to this Resolution, is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3); the Planning Commission has reviewed staff’s determinations of exemption from CEQA, and recommends that the City Council, based on its own independent judgement, concur with staff’s determination of exemption and direct the Community Development Director to file the Notice of Exemption attached as Exhibit A to this Resolution.

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.

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.

Public Communication
The proposed Ordinance 1605 (Zoning Text Amendment 24-0050) to achieve certification of the City of Banning 6th Cycle Housing Element was advertised in the Record Gazette newspaper on May 17, 2024 for the May 29, 2024 Planning Commission meeting; and on June 14, 2024 for the June 25, 2024 City Council public hearing.

As of the date of this report, staff has not received any written comments on the project.

Planning Commission Action
On May 29, 2024, the Planning Commission voted unanimously to adopt PC Resolution 2024-11, recommending that the City Council adopt Ordinance 1605; and find that the project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT:

Other than staff time, none if adopted but potentially severe sanctions if the Housing Element is not Certified by HCD. Future residential or mixed-use development pursuant to adopted Housing Element goals and policies will be paid for through the submittal of developer fees.

ALTERNATIVES:

1. Adopt Ordinance 1605 (ZTA 24-0050)

2. Direct staff to the revise the Draft Zoning Text Amendment

3. Provide alternative direction to staff.

ATTACHMENTS:

1. Ordinance 1605.docx

2. RE_ Draft Zoning Ordinance 16xx, City of Banning, CA HCD Certification Review.pdf

3. draft_NOE_ZTA_24-0050.docx

4. 2024 06 11_PHN ZTA 24-0050 (Housing Element Implementation 2).docx 1045
Ordinance 1605

ORDINANCE 1605

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, AMENDING TABLE 17.08.020 OF SECTION 17.08.020 OF ARTICLE I OF CHAPTER 17.08 OF DIVISION II OF TITLE 17 OF THE CITY OF BANNING MUNICIPAL CODE

TO CLARIFY THAT AFFORDABLE HOUSING USES ARE PERMITTED BY

RIGHT AND ARE NOT SUBJECT TO DISCRETIONARY ACTION IN
SPECIFIED ZONING DISTRICTS AS REQUIRED BY 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. City staff prepared Zoning Text Amendment 23-97503, as set forth in Ordinance 1600, which amended BMC Title 17 for the purpose of fulfilling the City’s obligations under its Housing Element.

C. On January 10, 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 Ordinance 1600 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, and introduced Ordinance 1600. On February 27, 2024, the City Council adopted Ordinance 1600.

E. On March 14, 2024, City staff forwarded a certified copy of Ordinance 1600 to HCD as proof of rezones required to garner HCD Certification of the City of Banning 6th Cycle Housing Element. By letter dated March 29, 2024, HCD informed the City that Zoning Text Amendment 23-97503, as adopted by Ordinance 1600, did not fully comply with the requirements under Government Code Sections 65583.2(c), (h), or (i). Specifically, HCD stated that with respect to affordable housing uses, the City’s amendments to the Zoning Ordinance must clearly state such uses are permitted “by right” and are not subject to discretionary review within the Medium Density Residential (“MDR”), High Density Residential (“HDR”), Mobile Home Park (“MHP”), and Very High-Density Residential (“VHDR”) Zoning Districts consistent with the requirements under Government Code Section 65583.2.

F. In response to HCD’s March 29, 2024 letter, City staff has prepared Zoning Text Amendment 24-0050, as set forth in this Ordinance, to amend Table 17.08.020 of Section

17.08.020 of Article 1 of Chapter 17.08 of Division II of Title 17 of the Banning Municipal Code to 1046
Ordinance 1605

clarify that affordable housing uses are permitted by right and are not subject to discretionary action, as required under State law, in the MDR, HDR, MHP, and VHDR Zoning Districts when 20 percent (20%) or more of the total unit count is reserved for lower-income households.

G. On May 17, 2024, the City gave public notice by advertising in the Record Gazette, a newspaper of general circulation within the City of Banning, of the holding of a public hearing before the Planning Commission at which the proposed amendments to Title 17 (Zoning) would be considered.

H. On May 29, 2024, the Planning Commission of the City of Banning held a duly noticed public hearing on Zoning Text Amendment 24-0050, during which all interested persons were allowed to comment on the matter.

I. Based on all of the evidence and testimony presented at that hearing, and the entirety of the administrative record in this matter, the Planning Commission recommended that the City Council adopt Ordinance 1605.

J. On June 11, 2024, the City gave public notice by advertising in the Record Gazette, a newspaper of general circulation within the City of Banning, of the holding of a public hearing before the City Council at which the proposed amendments to Title 17 (Zoning) would be considered.

K. On June 25, 2024, the City Council of the City of Banning held a duly noticed public hearing on Zoning Text Amendment 24-0050, during which all interested persons were allowed to comment on the matter.

L. Based on all of the evidence and testimony presented at both hearings, and the entirety of the administrative record in this matter, 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. c. This Ordinance is internally consistent with the Banning Municipal Code. d. The proposed Zoning Text Amendment 24-0050 is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendment, clarifying that affordable housing uses (where permitted in the City’s Zoning Districts) are permitted by right and are not subject to discretionary action as required under State law, will have a significant effect on the environment. The proposed amendment is an administrative process of the City that will not result in direct or indirect physical changes in in the environment. The City Council has independently reviewed the administrative record concerning the proposed Zoning Text Amendment 24-0050 and the proposed CEQA determination, and based on its own independent judgement, finds that the amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of CEQA and the State CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).

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

SECTION 2. 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 P P
1047
Ordinance 1605

“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 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
Multiple-Family
Affordable Housing (min.
20% lower income, by
non-discretionary
action)7

X X X X X C P P P 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
1048
Ordinance 1605

“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
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
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
1049
Ordinance 1605

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 Affordable housing developments pursuant to Government Code Section 65583.2 and located within the multi-family housing zoning districts are permitted by right without a public hearing or discretionary action and, in the VHDR district, are permitted at a minimum density of 24 dwelling units to 30 dwelling units per acre.

SECTION 3. 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 4. 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 5. This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this ____ day of ____ 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:
1050
Ordinance 1605

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita Young, City Attorney
Richards, Watson & Gershon
1051
Ordinance 1605

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that Ordinance 1605 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 00th day of Month 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
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From: McDougall, Paul@HCD
To: Emery Papp; Vasquez, Melissa@HCD
Subject: RE: Draft Zoning Ordinance 16xx, City of Banning, CA HCD Certification Review Date: Friday, May 17, 2024 2:24:40 PM
Got it; lets do that just to be safe and yes, that will do it From: Emery Papp <[email protected]>
Sent: Friday, May 17, 2024 2:19 PM
To: McDougall, Paul@HCD <[email protected]>; Vasquez, Melissa@HCD <[email protected]>
Subject: Re: Draft Zoning Ordinance 16xx, City of Banning, CA HCD Certification Review Hello Paul,
Thank you for the quick reply. I did drop the density info from the footnote because that is the current density range for the VHDR zone, but I will happily add it back in based on your suggestion.

Once adopted, will this change garner certification from HCD? Sincerely,
Emery Papp
Senior Planner
Get Outlook for iOS [aka.ms]
From: McDougall, Paul@HCD <[email protected]>
Sent: Friday, May 17, 2024 1:10:35 PM
To: Emery Papp <[email protected]>; Vasquez, Melissa@HCD <[email protected]> Subject: RE: Draft Zoning Ordinance 16xx, City of Banning, CA HCD Certification Review If so, please see the attached with suggestions highlighted in teal From: McDougall, Paul@HCD
Sent: Friday, May 17, 2024 1:00 PM
To: Emery Papp <[email protected]>; Vasquez, Melissa@HCD <[email protected]> Subject: RE: Draft Zoning Ordinance 16xx, City of Banning, CA HCD Certification Review Thanks Emery – Did you drop the minimum density language from the footnote? From: Emery Papp <[email protected]>
Sent: Thursday, May 16, 2024 6:25 PM
To: Vasquez, Melissa@HCD <[email protected]>; McDougall, Paul@HCD <[email protected]>
Subject: Draft Zoning Ordinance 16xx, City of Banning, CA HCD Certification Review Good Evening Melissa and Paul,
Please find attached a draft City Council Ordinance that will amend the Banning 1053
Municipal Code, Section 17.08.020, augmenting the previously adopted Ordinance 1600, pursuant to comments received from HCD on March 29, 2024.

This draft Ordinance has been scheduled for consideration by the City of Banning Planning Commission on May 29, 2024, to recommend an action to the City Council at a future date. At your earliest possible convenience, please let me know if the proposed amended text to Section 17.28.020 and amended footnote number 7 (highlighted in yellow) fully meets the intent of the CGC and can garner certification of the City of Banning 6th Cycle Housing Element.

Respectfully,
Emery J. Papp
Senior Planner
Community Development Department
City of Banning
Direct Line: 951-922-3152
Direct Fax: 951-922-3128
[email protected]
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov [banningca.gov]
My core working hours are Monday to Thursday from 7:00 AM to 5:30 PM. I will respond to your email as soon as possible.
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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: 05/29/2024_ Title: Community Development Director Signed by Lead Agency Date received by OPR:

Signed by Applicant
Zoning Text Amendment (ZTA) 24-0050, amending Chapter 17.08 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. 1055

NOTICE OF PUBLIC HEARING AND NOTICE OF EXEMPTION FOR CONSIDERATION OF ZONING TEXT AMENDMENT (ZTA) 24-0050 AMENDING TABLE 17.08.020 OF SECTION

17.08.020 OF ARTICLE I OF CHAPTER 17.08 OF DIVISION II OF TITLE 17 OF THE CITY OF

BANNING MUNICIPAL CODE TO CLARIFY THAT MULTI-FAMILY HOUSING USES HAVING A MINIMUM OF 20 PERCENT OF THE TOTAL NUMBER OF UNITS UNDER AFFORDABLE

COVENANT ARE PERMITTED BY RIGHT PURSUANT TO STATE LAW AND ARE NOT

SUBJECT TO DISCRETIONARY ACTION IN SPECIFIED MULTI-FAMILY ZONING DISTRICTS; AND MAKING A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

NOTICE IS HEREBY GIVEN of a public hearing before the City of Banning City Council, to be held Tuesday, June 25, at 5:00 p.m. in the Council Chambers, City Hall, 99 East Ramsey Street, Banning, California, to consider a Zoning Text Amendment amending Table 17.08.020of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to clarify that multi-family housing uses having a minimum of 20 percent of the total number of units under affordable covenant are permitted by right pursuant to state law and are not subject to discretionary action in specified multi-family zoning districts; and making a determination of exemption from the California Environmental Quality Act (CEQA). The Community Development Department has determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines applying only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

PLANNING COMMISSION ACTION: At a duly noticed public hearing held on May 29, 2024, the Planning Commission of the City of Banning adopted Resolution 2024-11, recommending that the City Council approve the Ordinance.

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

Information regarding the Notice of Exemption or Zoning Text Amendment can be obtained by contacting the City's Community Development Department, Planning Division at (951) 922-3125, or by going to the City of Banning Community Development – Planning Department website at:
https://banningca.gov/Archive.aspx?AMID=60&Type=&ADID=
All parties interested in speaking either in support of or in opposition to this item are invited to attend the public hearing or by sending their written comments by email to the Administrative City Clerk at [email protected] or by mail to the City Clerk at City of Banning at PO Box 998, Banning, CA 92220.

If you challenge any decision regarding the above proposal in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Administrative City Clerk prior to, at, or during the time the City Council makes its recommendation on the proposal; or, you or someone else raised at the public hearing or in written correspondence delivered to the hearing body at, or prior to, the hearing (California Government Code, Section 65009).

BY ORDER OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF BANNING,

CALIFORNIA
/s/ Emery J. Papp, Senior Planner
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Dated: June 11, 2024
Publish: June 14, 2024
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-112, Approving General Plan Amendment (GPA 23-2502), to Change the Existing Land Use Designation of Parcel Number 540-180-022 From General Commercial (GC) to Industrial (I); Zone Change (ZC 23-3502), to Change the Zoning District Classification of Parcel Number 540-180-022 From General Commercial (GC) to Industrial (I); Tentative Parcel Map (TPM 38659) to Consolidate Three Parcels Into One; And Design Review (DR 23-7008) for the New Construction and Operation of a Steel Distribution Facility With a 42,510 Square-foot Warehouse Building, of Which 3,434 Square Feet Is Designated for Office Space, on 14.92 Gross Acres of Land Located on the North Side of West Lincoln Street Between South 8th Street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026); and Adopting a Mitigated Negative Declaration (EA 23-1506) for the Project
RECOMMENDATION:

Adopt Resolution 2024-112.

BACKGROUND:

Project Sponsor: Sagecrest Planning+Environmental
27128 Paseo Espada, Suite 1524
San Juan Capistrano, CA 92675
Project Owner: Brown Strauss, Inc.
2495 Uravan Street, Aurora, CO 80011
Brown Strauss, Inc. (dba Brown Strauss Steel) is a leading structural steel service provider, with ten locations in the Western United States, and employing a total workforce of 260 employees. The proposed Project is designed to accommodate relocation of the existing Brown Strauss Steel distribution facility in the City of Fontana, CA. This facility is located at 14970 Jurupa Avenue on a 23-acre site and includes a small storage shed. The Project site is smaller than the existing Fontana facility and Brown Strauss anticipates a more efficient layout of the Banning facility, including a warehouse which will allow for staffing levels to remain the same, or be reduced, after the relocation is complete. The products stocked and sold by Brown Strauss are "wide flange" beam and structural tubing, together these two products account for over 90% of sales.

The Applicant proposes to develop a steel distribution facility consisting of a 42,510 SF warehouse, a 3,434 SF administrative office, two 500 square foot enclosed saw sheds, and an outdoor storage yard. 1058
Brown Strauss is primarily a distributor, buying structural steel products in bulk quantities from the steel mills, and selling steel products in various sizes and in smaller quantities, to steel fabricators. The facility will receive structural steel products via flatbed truck delivery and a proposed rail spur. The Applicant is currently in discussions with the Union Pacific RailRoad to add a rail spur to the property off of the adjacent rail line to allow for inbound deliveries. The proposed operation does not include a steel mill or foundry. The only manufacturing activity to be performed on-site is to cut products to length within two enclosed saw sheds on the north side of the building. Less than 10% of customer orders are cut to length on site. The warehouse would be utilized to store structural tube, structural channel and structural angle. The outdoor storage yard would be utilized to store "wide flange" beam and structural tubing.

Products inside the warehouse are moved via an overhead gantry and products in the outdoor storage yard are moved using forklifts. Outbound shipments to customers are typically via flatbed trucks, either company owned or common carriers. No truck bays are utilized by Brown Strauss and the trucks would be loaded/unloaded either to the north of the warehouse or inside of the warehouse. No direct sales are made to the public, therefore no retail customers will be on site.

The facility will have approximately 34 employees split between two shifts daily. Anticipated operating hours are from 5:00 am to 11:30 pm. Based on the two-shift schedule, there are never more than 21 employees on-site at any given time during the course of the workday, inclusive of office staff and site crew. Site crew work within the warehouse and outdoor storage yard. Office staff includes three management staff who manage on-site operations and the processing of paperwork for product deliveries. The same shift schedule is utilized at all Brown Strauss Steel facilities, and these particular staffing levels will be maintained after the relocation to City of Banning. Based on the specific operational characteristics of Brown Strauss experienced at the existing Fontana, CA location, the Applicant has requested a parking adjustment to 34 parking spaces as shown on the Site Plan for the proposed parking lot.

The Project involves new construction on a currently vacant site of approximately 14.3 net acres. It was quickly determined that the project did not qualify for an exemption under the California Environmental Quality Act (CEQA) and an Initial Study has been prepared for the Proposed Project, in conformance with Section 15070(b) of the State CEQA Guidelines. The purpose of the Initial Study is to identify potentially significant impacts associated with the construction and operation of the Proposed Project and incorporate mitigation measures into the Proposed Project as necessary to eliminate the potentially significant effects of the Proposed Project or to reduce the effects to a less than significant level.

A Lead Agency may prepare a Mitigated Negative Declaration for a project that is subject to CEQA when an Initial Study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment (Public Resources Code Section 21064.5).

The Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Project was made available on the City of Banning website for public review and comment for a 30-day public review and comment period prior to the Planning Commission public hearing, beginning Friday, April 26, 2024, and concluded on Tuesday, May 28, 2024.

The following entitlement approvals are sought by the Applicant/Owner for implementation of the Proposed Project:

Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program; General Plan Amendment No. 23-2502 and Zone Change No. 3502 (GPA 23-2502 and ZC 3502) to rezone 1431 W. Lincoln Street from General Commercial to Industrial for consistency with the other lots within the Project Site; and
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Design Review No. 23-7008 (DR 23-7008) to construct a 46,904 square feet steel distribution facility with an outdoor storage yard and associated parking and landscaping on 14.92 acres of land consisting of three parcels; and
Tentative Parcel Map No. 23-4002 (TPM 23-4002) to merge together three lots and provide right-of-way dedication along W. Lincoln Street; and
Parking Adjustment – Proposal for an alternative parking rate for a distribution facility.

JUSTIFICATION:

Brown Strauss, Inc. (Applicant) proposes to develop a steel distribution facility consisting of a 42,510 square feet warehouse, a 3,434 square feet administrative office, two 500 square feet enclosed saw sheds, an outdoor storage yard, and associated parking and landscaping (Project). The proposed Project would be constructed on three vacant parcels which will be consolidated into one parcel. The Project site is situated on north side of W Lincoln Street, south of Redlands Freeway (I-10) and Union Pacific railroad, west of South 8th street, East of South 22nd Street, at 1219 and 1431 W. Lincoln Street (APNs 540-180-020, 540-180-022, and 540- 180-026).

Site Plan: The Project involves the construction of a steel distribution facility consisting of a 42,510 square feet warehouse, a 3,434 square feet administrative office, two 500 square feet enclosed saw sheds, outdoor storage yard, and associated parking and landscaping with an approximately 1.5 acre street dedication. The Project would be built on three vacant parcels totaling approximately 14.92 acres which will be consolidated into one parcel via Tentative Parcel Map 23-4002. The building will be located on the southwest side of the site and the rest of the site would be utilized as outdoor storage. The warehouse and employee parking lot would be utilized to store structural tubing, structural channel and structural angle. The outdoor storage yard would be utilized to store "wide flange" beam and structural tubing. Products inside the warehouse are moved via overhead gantry, and products in the outdoor storage yard are moved using forklifts. A rail spur connection to the adjacent Union Pacific Railroad is proposed on the north of the site for the deliveries and a loading/unloading area is proposed to be located on the north side of the warehouse. Vehicular access to the Project Site would be provided via four driveway access points off of W. Lincoln Street consisting of two one-way gated driveways at opposite ends of the Project Site for truck and fire safety access, with circulation from west to east only, a one-way driveway directly into and through the warehouse from north to south only; and a two-way dedicated driveway into the employee parking lot for passenger vehicles only.

Proposed lot coverage is approximately 7.6 percent where a maximum of 60 percent is allowed. The Site Plan is designed with building setbacks as required by City code. The building would be a maximum height of 36’-4”. The proposed Project provides 64,504 square feet of landscaping where none is required.

Off-Site Improvements: Off-site improvements would occur on the northern and southern Project Site boundaries. Street improvements include curb, gutter and pavement along W. Lincoln Street.

Improvements along W. Lincoln Street would include an approximately 1.5 acre street dedication and the construction of a 7-foot-wide parkway, a 5-foot-wide sidewalk, and relocation of existing utility transmission lines to accommodate widening of the street consistent with the City’s General Plan Circulation Element and Street Improvement Plan. Four driveways would be provided along W. Lincoln Street for vehicular access including two one-way driveways at opposite ends of the Project Site for truck and fire safety access, a one-way driveway, and a two-way driveway for access to employee parking lot.

Off-site improvements on the northern Project Boundary includes the construction of a rail spur to the property off of the adjacent UP rail line to allow for inbound deliveries via rail.

Parking: The Project Site contains a total of 34 parking spaces, which include two handicapped accessible spaces and two clean air vehicle spaces. Though distribution is a permitted use in the Industrial zone (Banning Municipal Code, Table 17.12.020) there is no corresponding parking rate in the municipal code. Based on the most similar uses in the Banning Municipal Code parking table

17.28.040B, 53 parking spaces are required. However, the applicant proposes an alternative parking rate 1060
for the distribution facility based on the specific operational characteristics of the proposed facility. The new parking ratio is proposed based on the maximum number of staff on site at any given time, two shift scheduling, and no retail sales on-site. Based on the analysis provided in the parking adjustment justification the applicant proposes the parking requirements be reduced from 53 to 34 parking spaces to match the anticipated staffing needs of the proposed steel distribution facility. Staff supports the proposed request as there are ample areas on site that can accommodate additional parking in the future should the need arise.

Landscaping and Hardscape: Landscaping is designed around the north, south and west side of the property as well as along the driveways. The facility will provide approximately 64,504 square feet of landscaped area (approximately 10.4 percent of the net lot area), where none is required. West Lincoln Street frontage will be lined with a mix of African Sumac and Swan Hill Olive trees. Drought tolerant low shrubs are planned along West Lincoln Street and driveways. Along the west and north property boundary, Acacia Redolens ground cover is provided. The westerly driveway is lined with Acacia stenophylia. No landscaping is planned for the east property boundary adjacent to the UP right of way.

Architecture: The warehouse and office building will be constructed utilizing a pre-insulated metal panel system, which provides for an enhanced “granitstone” finish on street facing elevations that appears similar to traditional tilt-up concrete construction. The color scheme of the building is a variety of neutral earth tones with shades of blue which are consistent with the surrounding area and are reflective of the Brown Strauss company branded color scheme. Natural lighting will be provided using traditional windows in the office space and clear polycarbonate insulated panels on the warehouse. The Proposed Project design complies with the requirements of the Commercial and Industrial Development Design Guidelines in the Banning Municipal Code.

Site Lighting: Site lighting will consist of 20- to 35-foot tall light standards that will be pointed downward at the storage yard and along the edges of the building. Additional building mounted light fixtures will be used near building entrances.

Stormwater Management: The Water Quality Management Plan identifies stormwater management for post construction building operations. The existing on-site project area is generally flat, sloping to the southeast. The site is generally covered with native grass and weeds. The site sheet flows to the southeast discharging along West Lincoln Street, where flow continues to the east. To the north of the Project Site is the Union Pacific railroad, consisting of a limited drainage tributary with elevated tracks on earthen berms, running east/west. Flows originating along the south of the Union Pacific Railroad berms are carried to the east via existing earthen swales within the railroad right-of-way. Therefore, there are no significant offsite flows impacting the site.

The proposed project will provide a retention/detention system sized to retain 2.2472 acre-feet (af) of storm water while detaining an additional 0.7168 af of storm water. This will provide retention of the calculated developed conditions 100-year, 3-hour volume per City of Banning requirements and will provide adequate volume to mitigate developed flow rates to less than the existing condition flow rate, up to and including the 100-year, 24-hour event, with the exception of the 5-year, 24-hour storm. It should be noted that mitigation of the 5-year, 24-hour storm is not feasible due to the extremely low flow rate of the exiting condition. Construction of the Proposed Project will also require the developer to prepare a Stormwater Pollution Prevention Plan (SWPPP) as the Project Site is more than 1 acre in size.

Utilities and Services: Water and sewer services would be served by the City of Banning Public Works - Utilities Department and Wastewater Division, electrical service is readily available in the vicinity through Banning Electric Utility (BEU), and natural gas is available through Southern California Gas Company.

Required Findings for General Plan Amendment
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Section 17.64.070 of the Banning Municipal Code (BMC) requires that General Plan Amendment applications meet certain findings prior to approval. The City Council hereby finds and determines as follows with respect to General Plan Amendment 23-2502:

Finding A: That the proposed amendment is internally consistent with the General Plan.

Findings of Fact: California Government Code Section 65302 requires that a General Plan consist of seven (7) State-mandated elements, including Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. The Land Use Element is one of the seven State-mandated elements of the General Plan and includes the Land Use Map for the City of Banning. The Land Use map and the Zoning map are 100% consistent with one another and, therefore, the same map doubles to serve both purposes. The proposed Project will not create an incompatible land use as two of the three parcels in question are already designated for Industrial uses, the third parcel in question is contiguous with the other two parcels and will be used for the same purpose, and the immediate surrounding area is designated for nonresidential uses.

Finding B: That the proposed amendment would not be detrimental to the public Interest, health, safety, convenience, or welfare of the City.

Findings of Fact: The proposed General Plan Land Use Map Amendment and Zone Change will allow for the orderly development of the proposed Project to construct a steel distribution facility in an industrial area, further strengthening economic development and job opportunities, while not damaging the public interest, health, safety, convenience, or welfare of the City by ensuring such uses are placed away from existing residential uses and other sensitive uses.

Finding C: That the proposed amendment would maintain the appropriate balance of land uses within the City.

Findings of Fact: Table III-3, of the Community Development Chapter of the City’s General Plan details that 252.1 acres of vacant land is designated as General Commercial, and 274.1 acres of vacant land is designated as Industrial. The Project will decrease the amount of vacant General Commercial land by

4.3 acres, which is less than 1% (0.00943%) and represents a statistically insignificant change in the balance of vacant non-residential land uses within the City. As such, the balance of land use designations will not be negatively impacted by the Project.

Finding D: The amendment is physically suitable for the surrounding environment; including, but not limited to site access, the provision of utilities, and compatibility with adjoining land uses, including the absence of any physical constraints, for the requested land use designation(s) and the anticipated land use development(s).

Findings of Fact: The land use amendment will not adjust or change the physical characteristics of the parcels, other than from their current vacant state to a fully developed site in the near future. The existing backbone infrastructure is in place to service the Project location, and the Project will dedicate additional right-of-way along the frontage of Lincoln Street to accommodate widening to the General Plan Circulation Element ultimate configuration for this segment of Lincoln Street.

Findings of Fact: The Project will implement Policy 8 of the Community Development Chapter of the General Plan, which requires that the City assure the provision of adequate utilities, infrastructure, and other capital facilities” (General Plan, Page III-44).

Findings of Fact: The Project will implement Program 4.B, which “requires the City make regular assessments of infrastructure capacity and evaluate the necessary expansion and improvements needed to carry out responsible growth management” (General Plan, Page VI-19).

Required Findings for Amendment to Title 17 (Zoning)
Section 17.116.030 of the Banning Municipal Code provides that the following findings must be made to approve the proposed Zone Change. The City Council hereby finds and determines as follows with 1062
respect to Zone Change 23-3502:

Finding A: The General Plan requires that the need for public facilities be planned and identified to serve the needs of City residents, businesses, and visitors.

Findings of Fact: The proposed Project has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on-site improvements, streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards which is consistent with the City’s General Plan.

Finding B: The proposed Amendment is internally consistent with the Zoning Ordinance.

Findings of Fact: The proposed Project is an approximately 47,000 square-foot light industrial warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Industrial zone and the Project has adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.
.

Finding C: That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

Findings of Fact: That the Planning Commission has recommended to the City Council that an independent review has been conducted and the City Council has considered an Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program that has been prepared for the Project.

Required Findings for a Tentative Parcel Map
A Tentative Parcel Map requires that it meets specific findings in accordance with Title 16 of the Banning Subdivision Municipal Code and Government Code Section 66473.5 and Section 66474. The City Council hereby finds and determines as follows with respect to Tentative Parcel Map 23-4002 (TPM 38659):

Finding A: The proposed map is consistent with the General Plan.

Findings of Fact: The General Plan land use designation for the site is classified as General Commercial (proposed Industrial) and Industrial which allows for manufacturing, warehousing, and distribution. The proposed Tentative Parcel Map 38659 will combine three parcels into one totaling

14.92 acres. One of the primary policies of the Land Use Element of the General Plan is that Projects adjacent to existing neighborhoods shall be carefully reviewed to assure that neighborhood character is protected. The proposed Tentative Parcel Map serves to achieve this objective in that the subdivision design is consistent with existing neighborhood industrial character. Considering all of these aspects, the proposed Tentative Parcel Map furthers the objectives and policies of the General Plan and is compatible with the land use districts within the general vicinity of the Project.

Finding B: The design or improvement of the proposed subdivision is consistent with the City’s General Plan.

Findings of Fact: The proposed subdivision has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on-site improvements, such as streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards which is consistent with the City’s General Plan.

Finding C: The site is physically suitable for this type of development.

Findings of Fact: The existing on-site project area is generally flat, sloping to the southeast and is covered with native grass and weeds. The site sheet flows to the southeast, discharging along W.

Lincoln Street, where flow continues to the east. To the north of the Project site is the Union Pacific railroad, consisting of a limited drainage tributary with elevated tracks on earthen berms, running 1063
east/west. Flows originating to the south of the Union Pacific (UP) railroad berms are carried to the east via existing earthen swales within the UP right-of-way. Therefore, there are no significant offsite flows impacting the site. Additionally, the Project is adjacent to existing commercial and industrial development and has all services available, including streets, water, sewer and electricity. The site is physically suitable for this type of development.

Finding D: The site is physically suitable for the density of development.

Findings of Fact: The site is located within the Industrial Zoning District, which allows for the development of warehouses with a maximum building coverage of 60 percent. The Project proposes a maximum building coverage of 7.48 percent, which is considerably less than the maximum allowed.

Proposed hardscape for the site will cover approximately 67.34 percent of the site. The Tentative Parcel Map, to consolidate three lots into one lot as proposed, is suitable with the adjacent development.

Finding E: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact: The site is currently vacant and does not contain any significant vegetation or suitable habitat for wildlife. Per the Multiple Habitat Conservation Plan (MSHCP), there is no evidence that any endangered, threatened or listed species of plant or animal, or its habitat, is located on the site.

There is no evidence that vernal pool complex, similar bodies of water, or conditions suitable for forming such bodies of water exist on the site. The Project incorporates conditions intended to comply with the recommendations of the MSHCP. In addition, this Project has been conditioned to comply with the environmental policies and regulations of the City of Banning and those of all local and regional governmental agencies having jurisdiction over the site.

Finding F: The design of the subdivision or type of improvements is not likely to cause serious public health problems.

Findings of Fact: The design of the subdivision is in conformance with the City’s General Plan, Zoning Ordinance, and Subdivision Ordinance, the construction of a steel distribution and warehouse facility on the site has been conditioned to comply with all applicable City of Banning ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City’s Ordinances relating to Stormwater runoff management and controls. In addition, the design and construction of all improvements for the Tentative Parcel Map has been conditioned to be in conformance with adopted City street and public works standards. The City’s ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of public health, safety and welfare.

Finding G: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Findings of Fact: Other than easements in favor of the City of Banning, Southern California Gas, and the UP, no easements of record or easements established by judgement of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any other such easements.

Required Findings for a Design Review
Section 17.56.050 of the City of Banning Zoning Ordinance requires that Design Review applications meet certain findings prior to approval. The City Council hereby finds and determines as follows with respect to Design Review 23-7008:

Finding A: The Project is consistent with the applicable general plan designation and all applicable 1064
general plan policies as well with applicable zoning designation and regulations.

Finding of Fact: Proposed Design Review 23-7008 is consistent with the General Plan Land Use Element Policy, which states: “The land–use map shall provide for sufficient lands to provide a large range of products and services to the City and the region while carefully considering compatibility with adjacent residential lands.” The subject property is designated General Commercial and Industrial on the General Plan land use map. The proposed use is consistent with the I land-use designation. This land use designation includes industrial parks and freestanding industrial users. Examples of permitted uses include light and medium intensity manufacturing operations, warehousing and distribution, ministorage, and associated offices. Further, Design Review 23-7008 is consistent with General Plan Economic Development Policy, which states: “The City shall take a proactive role in the retention of existing businesses and the recruitment of new businesses, particularly those that generate and broaden employment opportunities, increase discretionary incomes, and contribute to City General Fund revenues.” Approval of proposed Design Review 23-7008 would allow the applicant to promote business diversity, while providing an economic benefit to the City.

Finding B: The proposed Project is consistent with the Zoning Ordinance, including the development standards and guidelines for the district in which it is located.

Finding of Fact: The proposed Project is an approximately 47,000 square-foot light industrial warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Industrial zone and the Project has adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.

Finding C: The design and layout of the proposed Project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not result in vehicular and/or pedestrian hazards.

Finding of Fact: The design and layout of the proposed Project is consistent with the development standards and design standards of the Banning Municipal Code. The proposed design and layout will not create any new interference with pedestrian or vehicular traffic paths of the neighboring properties or future development. Additionally, access to the street will be provided by driveways from Lincoln Street and will not result in hazards for vehicles or pedestrians. The Project is conditioned to provide additional right-of-way fronting onto W. Lincoln Street to improve the roadway to its ultimate configuration.

Finding D: The design of the proposed Project is compatible with the character of the surrounding neighborhood.

Finding of Fact: The Project is a new construction development with a proposed 47,000 square-foot light industrial/warehouse facility, which will be compatible with adjacent Industrial and other nonresidentially zoned properties to the north, south, east, and west. The Project is considered an Industrial use. Landscaping is required to maintain the character of the surrounding neighborhood.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § 21000 et seq.), the State Guidelines (14 Cal. Code Regs. § 15000 et seq.), City Staff prepared an Initial Study of the potential environmental effects of the Project as described in the Initial Study. Based upon the findings contained in that the Initial Study, the Planning Commission determined that, with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a potentially significant effect on the environment and a Mitigated Negative Declaration (MND) was prepared in full compliance with the requirements of CEQA.

Thereafter, City Staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period began on April 26, 2024, and concluded on May 28, 2024. Copies of the documents are available for public review and inspection at City Hall, 99 E.

Ramsey Street, Banning, California 92220, the Banning Public Library, located at 21 West Nicolet Street, Banning, California 92220, and the City of Banning website. The City did not receive comments during 1065
the public review period.

The Planning Commission reviewed MND and the MMRP, which is on file with the Planning Department and incorporated herein by this reference, and all comments received regarding the MND. In light of the whole record, the Planning Commission determine found that: (1) the MND was prepared in compliance with CEQA; (2) with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the MND reflects the independent judgement and analysis of the Planning Commission.

Based on the findings set forth in this Resolution, the Planning Commission recommended adoption of the MND and MMRP to the City Council for the Project.

The City Manager or their designee is authorized to file a Notice of Determination for Mitigated Negative Declaration EA 23-1506 in accordance with CEQA.

Public Communication
In accordance with Government Code Sections 65353, 65854, 65090, and 65091, on April 26, 2024 the City provided a 30-day public notice by advertisement in the Record Gazette newspaper of a public hearing before the Planning Commission concerning the Project, and Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) for the Project. The public hearing notice/NOI was also mailed to the owners of the subject properties within 300-feet of the Project boundary. One comment letter was received prior to the Planning Commission meeting from the California Highway Patrol, neither for or opposed to the project, but to express concern about truck stacking exiting from Interstate 10 with deliveries to the project site. The traffic consultant for the project responded that this issue is studied in the traffic analysis for the MND, and no significant impact is anticipated.

The project was also advertised in the Record Gazette newspaper on June 14, 2024 of a public hearing before the City Council concerning the Project, and Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) for the Project. The public hearing notice/NOI was also mailed to the owners of the subject properties within 300-feet of the Project boundary. As of the time this report was written, staff had not received any additional comments regarding the proposed project.

FISCAL IMPACT:

Brown Strauss, Inc. (dba Brown Strauss Steel) is a leading structural steel service provider, with ten locations in the Western United States, and employing a total workforce of 260 employees. The proposed Project is designed to accommodate relocation of the existing Brown Strauss Steel distribution facility in the City of Fontana, CA. As a result, the proposed project will create temporary construction jobs for City residents and upon conducting operations in Banning, sales tax revenues will be generated for all retail point of sales conducted at this location. The facility will employ approximately 34 workers.

ALTERNATIVES:

1. Adopt Resolution 2024-112, as presented.

2. Adopt Resolution 2024-112, with modifications.

3. Provide alternative direction to staff.

ATTACHMENTS:

1. Resolution_2024-112__Brown_Strauss (003).docx

2. Exhibit A - DR_23-7008_TPM_38659_COA.docx

3. DR 23-7008_NPH_IS-MND and appendices

4. DR 23-7008_Brown Strauss _ Response to Comments 5.29.2024

5. DR 23-7008_Project Plans

6. DR_23-7008 GIS exhibits

7. Proposed General Plan Designation_Zoning
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8. Existing General Plan Designation_Zoning

9. DR 23-7008_Site Photo Survey

10. Preliminary_Grading Plan

11. DR 23-7008_Conceptual Landscape Plan

12. County of Riverside_E-202400446

13. Tentative Parcel Map (TPM 38659)

14. Brown Strauss NOD

15. DR 23-7008 Public Hearing Notice
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RESOLUTION 2024-112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT (GPA 23-2502) TO CHANGE THE EXISTING LAND USE DESIGNATION OF PARCEL NUMBER 540-180-022 FROM GENERAL COMMERCIAL (GC) TO INDUSTRIAL (I); ZONE CHANGE (ZC 23-3502) TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF PARCEL NUMBER 540-180-022 FROM GENERAL COMMERCIAL (GC) TO INDUSTRIAL (I); TENTATIVE PARCEL MAP (TPM 38659) TO CONSOLIDATE THREE PARCELS INTO ONE; AND DESIGN REVIEW (DR 23-7008) FOR THE

NEW CONSTRUCTION AND OPERATION OF A STEEL DISTRIBUTION FACILITY WITH A 42,510 SQUARE-FOOT WAREHOUSE BUILDING, OF WHICH 3,434 SQUARE FEET IS DESIGNATED FOR OFFICE SPACE, ON 14.92 GROSS ACRES OF LAND LOCATED ON THE NORTH SIDE OF WEST LINCOLN STREET BETWEEN SOUTH 8TH STREET AND SOUTH 16TH STREET (APN NOS. 540-180-020, 540-180-022 AND 540-180-026); AND ADOPTING MITIGATED NEGATIVE DECLARATION (EA 23-1506) FOR THE PROJECT.

WHEREAS, an application for General Plan Amendment (GPA) 23-2502, Zone Change (ZC) 23-3502, Tentative Parcel Map (TPM) 23-4002 (a.k.a. TPM 38659), and Design Review (DR) 23-7008 (collectively, the "Project"), a proposal to amend the existing land use designation on one parcel of land from General Commercial (GC) to Industrial (I), amending the Zoning District classification from General Commercial (GC) to Industrial (I), for a 4.3-acre parcel of land located on the north side of Lincoln Street between 8th Street and 16th Street (APN: 540-180-022) to allow for the construction and operation of a steel distribution facility with a 42,510 square-foot warehouse building of which 3,434 square feet is designated for office space on 14.92 gross acres of land; and,
WHEREAS, the Planning Commission is authorized under Chapter 17.44 of the Banning Municipal Code (“BMC”) to approve proposed Design Review 23-7008, unless pursuant to Section 17.44.020 multiple applications have been filed that require approval by the City Council, in which case the Planning Commission shall make a recommendation to the City Council to allow for the construction and operation of a steel distribution facility with a 42,510 square-foot warehouse building of which 3,434 square feet is designated for office space on 14.92 gross acres of land within the Industrial Zoning and General Commercial (GC) zoning districts (the “Project”); and
WHEREAS, pursuant to Section 17.04.060.C. of the BMC, the Planning Commission has the authority to review and make recommendations to the City Council concerning GPA 23-2502, ZC 23-3502, and EA 23-1506; and
WHEREAS, the Planning Commission is authorized under Chapter 16.14 of the Banning Municipal Code (“BMC”) to make a recommendation to the City Council regarding proposed Tentative Parcel Map 38659 (TPM 23-4002) to allow for the merging of three parcels totaling approximately 14.92 acres within the Industrial Zoning and General Commercial zoning districts (the “Project”); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(2) and 15070, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined, on the basis of the Initial Study, that the Project will not have a significant effect on the environment with implementation of recommended mitigation measures; and
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WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Project and was made available on the City of Banning website for public review and comment for a 30-day public review and comment period prior to the public hearing beginning Friday, April 26, 2024, and concluding Tuesday, May 28, 2024; and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on April 26, 2024 the City provided a 30-day public notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, and Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) for the Project. The public hearing notice/NOI was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, on May 29, 2024 the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project and has adopted Planning Commission Resolution 2024-13, recommending that the City Council approve the Project; and WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on Month Day, 2024 the City gave public notice by advertisement in the Record Gazette newspaper, of a public hearing concerning the Project. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project; and, WHEREAS, on June 25, 2024, the City Council conducted a duly noticed public hearing on the Project.

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

SECTION 1. The City Council hereby finds that all facts stated in the preceding recitals are true and correct.

SECTION 2. The City Council hereby finds and determines as follows with respect to the California Environmental Quality Act and the Multiple Species Habitat Conservation Plan.

A. Pursuant to the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § 21000 et seq.), the State Guidelines (14 Cal. Code Regs. § 15000 et seq.), City Staff prepared an Initial Study of the potential environmental effects of the Project as described in the Initial Study. Based upon the findings contained in that the Initial Study, City Staff determined that, with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a potentially significant effect on the environment and a Mitigated Negative Declaration (MND) was prepared in full compliance with the requirements of CEQA.

B. Thereafter, City Staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The MND and the MMRP are on file with the Planning Department and incorporated herein by this reference. The public comment period began on April 26, 2024, and expired on May 28, 2024. Copies of the documents are available 1069
Resolution 2024-112

for public review and inspection at City Hall, 99 E. Ramsey Street, Banning, California 92220, the Banning Public Library, located at 21 West Nicolet Street, Banning, California 92220, and the City of Banning website. The City did not receive comments during the public review period.

C. In light of the whole record regarding the Project, the City Council determines and finds, in its independent judgment that: (1) the MND was prepared in compliance with CEQA; (2) with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a significant effect on the environment. According, the City Council hereby adopts the MND and MMRP for the Project.

D. The Project is located outside of any MSHCP criteria cell areas and plan compliance is provided through payment of the MSHCP Mitigation Fee at the time of building permit issuance.

SECTION 3. The City Council hereby finds and determines as follows with respect to General Plan Amendment 23-2502:

Finding No. 1: That the proposed amendment is internally consistent with the General Plan.

Findings of Fact: California Government Code Section 65302 requires that a General Plan consist of seven (7) State-mandated elements, including Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. The Land Use Element is one of the seven Statemandated elements of the General Plan and includes the Land Use Map for the City of Banning.

The Land Use map and the Zoning map are 100% consistent with one another and, therefore, the same map doubles to serve both purposes. The proposed Project will not create an incompatible land use as two of the three parcels in question are already designated for Industrial uses, the third parcel in question is contiguous with the other two parcels and will be used for the same purpose, and the immediate surrounding area is designated for nonresidential uses.

Finding No. 2: That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Findings of Fact: The proposed General Plan Land Use Map Amendment and Zone Change will allow for the orderly development of the proposed Project to construct a steel distribution facility in an industrial area, further strengthening economic development and job opportunities, while not damaging the public interest, health, safety, convenience, or welfare of the City by ensuring such uses are placed away from existing residential uses and other sensitive uses.

Finding No. 3: That the proposed amendment would maintain the appropriate balance of land uses within the City.

Findings of Fact: Table III-3, of the Community Development Chapter of the City’s General Plan details that 252.1 acres of vacant land is designated as General Commercial, and 274.1 acres of vacant land is designated as Industrial. The Project will decrease the amount of vacant General Commercial land by 4.3 acres, which is less than 1% (0.00943%) and represents a statistically insignificant change in the balance of vacant non-residential land uses within the City. As such, the balance of land use designations will not be negatively impacted by the Project. 1070
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Finding No. 4: The amendment is physically suitable for the surrounding environment; including, but not limited to site access, the provision of utilities, and compatibility with adjoining land uses, including the absence of any physical constraints, for the requested land use designation(s) and the anticipated land use development(s).

Findings of Fact: The land use amendment will not adjust or change the physical characteristics of the parcels, other than from their current vacant state to a fully developed site in the near future. The existing backbone infrastructure is in place to service the Project location, and the Project will dedicate additional right-of-way along the frontage of Lincoln Street to accommodate widening to the General Plan Circulation Element ultimate configuration for this segment of Lincoln Street.

Findings of Fact: The Project will implement Policy 8 of the Community Development Chapter of the General Plan, which requires that the City assure the provision of adequate utilities, infrastructure, and other capital facilities” (General Plan, Page III-44).

Findings of Fact: The Project will implement Program 4.B, which “requires the City make regular assessments of infrastructure capacity and evaluate the necessary expansion and improvements needed to carry out responsible growth management” (General Plan, Page VI-19).

SECTION 4. The City Council hereby finds and determines as follows with respect to Zone Change 23-3502:

Finding No. 1: The General Plan requires that the need for public facilities be planned and identified to serve the needs of City residents, businesses, and visitors.

Findings of Fact: The proposed Project has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on-site improvements, streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards which is consistent with the City’s General Plan.

Finding No. 2: The proposed Amendment is internally consistent with the Zoning Ordinance.

Findings of Fact: The proposed Project is an approximately 47,000 square-foot light industrial warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Industrial zone and the Project has adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.

Finding No. 3: That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

Findings of Fact: That the Planning Commission recommends to the City Council that an independent review has been conducted and the Planning Commission has considered an Initial Study and a Mitigated Negative Declaration that has been prepared for the Project. 1071
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SECTION 5. The City Council hereby finds and determines as follows with respect to Tentative Parcel Map 23-4002:

Finding No. 1: The proposed map is consistent with the General Plan.

Findings of Fact: The General Plan land use designation for the site is classified as General Commercial (proposed Industrial) and Industrial which allows for manufacturing, warehousing, and distribution. The proposed Tentative Parcel Map 38659 will combine three parcels into one totaling 14.92 acres. One of the primary policies of the Land Use Element of the General Plan is that Projects adjacent to existing neighborhoods shall be carefully reviewed to assure that neighborhood character is protected. The proposed Tentative Parcel Map serves to achieve this objective in that the subdivision design is consistent with existing neighborhood industrial character. Considering all of these aspects, the proposed Tentative Parcel Map furthers the objectives and policies of the General Plan and is compatible with the land use districts within the general vicinity of the Project.

Finding No. 2: The design or improvement of the proposed subdivision is consistent with the City’s General Plan.

Findings of Fact: The proposed subdivision has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on-site improvements, such as streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards which is consistent with the City’s General Plan.

Finding No. 3: The site is physically suitable for this type of development.

Findings of Fact: The existing on-site project area is generally flat, sloping to the southeast and is covered with native grass and weeds. The site sheet flows to the southeast, discharging along W. Lincoln Street, where flow continues to the east. To the north of the Project site is the Union Pacific railroad, consisting of a limited drainage tributary with elevated tracks on earthen berms, running east/west. Flows originating to the south of the Union Pacific (UP) railroad berms are carried to the east via existing earthen swales within the UP right-of-way. Therefore, there are no significant offsite flows impacting the site. Additionally, the Project is adjacent to existing commercial and industrial development and has all services available, including streets, water, sewer and electricity. The site is physically suitable for this type of development.

Finding No. 4: The site is physically suitable for the density of development.

Findings of Fact: The site is located within the Industrial Zoning District, which allows for the development of warehouses with a maximum building coverage of 60 percent. The Project proposes a maximum building coverage of 7.48 percent, which is considerably less than the maximum allowed. Proposed hardscape for the site will cover approximately 67.34 percent of the site. The Tentative Parcel Map, to consolidate three lots into one lot as proposed, is suitable with the adjacent development.

Finding No. 5: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
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Findings of Fact: The site is currently vacant and does not contain any significant vegetation or suitable habitat for wildlife. Per the Multiple Habitat Conservation Plan (MSHCP), there is no evidence that any endangered, threatened or listed species of plant or animal, or its habitat, is located on the site. There is no evidence that vernal pool complex, similar bodies of water, or conditions suitable for forming such bodies of water exist on the site. The Project incorporates conditions intended to comply with the recommendations of the MSHCP. In addition, this Project has been conditioned to comply with the environmental policies and regulations of the City of Banning and those of all local and regional governmental agencies having jurisdiction over the site.

Finding No. 6: The design of the subdivision or type of improvements is not likely to cause serious public health problems.

Findings of Fact: The design of the subdivision is in conformance with the City’s General Plan, Zoning Ordinance, and Subdivision Ordinance, the construction of a steel distribution and warehouse facility on the site has been conditioned to comply with all applicable City of Banning ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City’s Ordinances relating to Stormwater runoff management and controls. In addition, the design and construction of all improvements for the Tentative Parcel Map has been conditioned to be in conformance with adopted City street and public works standards. The City’s ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of public health, safety and welfare.

Finding No. 7: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Findings of Fact: Other than easements in favor of the City of Banning, Southern California Gas, and the UP, no easements of record or easements established by judgement of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any other such easements.

SECTION 6. The City Council hereby finds and determines as follows with respect to Design Review 23-7008:

Finding No. 1: The Project is consistent with the applicable general plan designation and all applicable general plan policies as well with applicable zoning designation and regulations.

Finding of Fact: Proposed Design Review 23-7008 is consistent with the General Plan Land Use Element Policy, which states: “The land–use map shall provide for sufficient lands to provide a large range of products and services to the City and the region while carefully considering compatibility with adjacent residential lands.” The subject property is designated General Commercial and Industrial on the General Plan land use map. The proposed use is consistent with the I land-use designation. This land use designation includes industrial parks and freestanding industrial users. Examples of permitted uses include light and medium intensity manufacturing operations, warehousing and distribution, ministorage, and associated offices. Further, Design Review 23-7008 is consistent with General Plan Economic Development Policy, which states: “The City shall take a proactive role in the retention of existing businesses and the recruitment of new businesses, particularly those that generate and broaden employment 1073
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opportunities, increase discretionary incomes, and contribute to City General Fund revenues.” Approval of proposed Design Review 23-7008 would allow the applicant to promote business diversity, while providing an economic benefit to the City.

Finding No. 2: The proposed Project is consistent with the Zoning Ordinance, including the development standards and guidelines for the district in which it is located.

Finding of Fact: The proposed Project is an approximately 47,000 square-foot light industrial warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Industrial zone and the Project has adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.

Finding No. 3: The design and layout of the proposed Project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not result in vehicular and/or pedestrian hazards.

Finding of Fact: The design and layout of the proposed Project is consistent with the development standards and design standards of the Banning Municipal Code. The proposed design and layout will not create any new interference with pedestrian or vehicular traffic paths of the neighboring properties or future development. Additionally, access to the street will be provided by driveways from Lincoln Street and will not result in hazards for vehicles or pedestrians. The Project is conditioned to provide additional right-of-way fronting onto W. Lincoln Street to improve the roadway to its ultimate configuration.

Finding No. 4: The design of the proposed Project is compatible with the character of the surrounding neighborhood.

Finding of Fact: The Project is a new construction development with a proposed 47,000 square-foot light industrial/warehouse facility, which will be compatible with adjacent Industrial and other non-residentially zoned properties to the north, south, east, and west. The Project is considered an Industrial use. Landscaping is required to maintain the character of the surrounding neighborhood.

SECTION 7. Based on the foregoing findings and the entirety of the administrative record in this matter, the City Council hereby approves General Plan Amendment 23-2502, Zone Change 23- 3502, Tentative Parcel Map 23-4002, and Design Review 23-7008, subject to the recommended Conditions of Approval, attached hereto as Exhibit “A”.

SECTION 8. The City Manager or their designee is authorized to file a Notice of Determination for Mitigated Negative Declaration EA 23-1506 in accordance with CEQA. 1074
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PASSED, APPROVED AND ADOPTED this 25th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
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Resolution 2024-112

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-112, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City Council
City of Banning, California
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Exhibit A
Conditions of Approval for Design Review 2023-7008 and Tentative Parcel Map 23-4002 (TPM 38659)
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PROJECT: EA 23-1506, GPA 23-2502, ZC 23-3502, TPM 23-4002, DR 23-7008 SUBJECT: Conditions of Approval (City Council Resolution 2024-112) APPLICANT: Sagecrest Planning+Environmental
LOCATION: TM 38659 (APNs 540-180-020, 022, 026): See Attached

EXHIBIT A
To City Council Resolution 2024-112
*All fair share agreements, covenant agreements and agreements subject to recordation will be subject to review and approval by the City Attorney and will include appropriate enforcement provisions by the City and be properly securitized.

Community Development Department

1. The operation of a steel distribution and warehousing facility (“Project”) shall always comply with all federal, state, County and City laws, codes, regulations, and standards, including those that relate to hazardous materials.

2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Sections 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction.

It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.
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Conditions of Approval (City Council Resolution 2024-112) Page 2 of 32

3. Approval of this entitlement shall not waive compliance with any sections of the CA Government Code, Banning Municipal Code (BMC), or other applicable City ordinances, in effect at the time of building permit issuance.

4. The Project permitted under Design Review 23-7008 shall commence operation within two (2) years from the date of this approval, or the Design Review shall become null and void. Additionally, if after commencement of tenant improvements, activities are discontinued for a period of one (1) year, the Design Review approval shall become null and void. The Community Development Director may, upon a written application being filed 30 days prior to expiration and for good cause, grant a one-time extension not to exceed 12 months. Upon granting of an extension, the Community Development Director shall ensure that the Design Review complies with all current provisions of BMC Title 17.

5. A copy of the signed Resolution of approval and these conditions of approval imposed on DR 23-7008 TPM 38659 shall be reproduced in legible form on the improvement plans submitted for review and approval as required by the reviewing department.

6. Prior to any occupancy/use of the Project site, or business activity being commenced thereon, the applicant shall complete these conditions of approval to the satisfaction of the Community Development Director.

7. Prior to the issuance of grading permits (MM BIO-1): In order to avoid violation of the MBTA and the California Fish and Game Code, site preparation activities (ground disturbance, construction activities, staging equipment, and/or removal of trees and vegetation) for the Project shall be avoided, to the greatest extent possible, during the nesting season of potentially occurring native and migratory bird species.

If site-preparation activities are proposed during the nesting/breeding season, the Project proponent shall retain a qualified biologist to conduct a pre-activity field survey prior to the issuance of grading permits for the Project to determine if active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone. If active nests are not located within the Project Site and an appropriate buffer of 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected bird nests (non-listed), or 100 feet of sensitive or protected songbird nests, construction may be conducted during the nesting/breeding season. However, if active nests are located during the pre-activity field survey, the Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in such project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Biologist determines that such project activities may be causing an 1079
Conditions of Approval (City Council Resolution 2024-112) Page 3 of 32 adverse reaction, the Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The on-site qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City of Banning for mitigation monitoring compliance record keeping.

8. Prior to commencement of ground disturbing activity or and/construction (MM BIO2): Project-specific habitat assessments and focused surveys for burrowing owls will be conducted for implementing development or infrastructure projects within burrowing owl survey areas. A pre-construction survey for resident burrowing owls will also be conducted by a qualified biologist within 30 days prior to commencement of grading and construction activities within those portions of implementing project sites containing suitable burrowing owl habitat and for those properties within an implementing project site where the biologist could not gain access. If ground disturbing activities in these areas are delayed or suspended for more than 30 days after the pre-construction survey, the area shall be resurveyed for owls. The preconstruction survey and any relocation activity will be conducted in accordance with the current Burrowing Owl Instruction for the Western Riverside MSHCP.

If active nests are identified on an implementing project site during the preconstruction survey, the nests shall be avoided, or the owls actively or passively relocated. To adequately avoid active nests, no grading or heavy equipment activity shall take place within at least 250 feet of an active nest during the breeding season (February 1 through August 31), and 160 feet during the non-breeding season.

If burrowing owls occupy any implementing project site and cannot be avoided, active or passive relocation shall be used to exclude owls from their burrows, as agreed to by the City of Perris Planning Division and the CDFG. Relocation shall be conducted outside the breeding season or once the young are able to leave the nest and fly. Passive relocation is the exclusion of owls from their burrows (outside the breeding season or once the young are able to leave the nest and fly) by installing 1-way doors in burrow entrances. These 1-way doors allow the owl to exit the burrow, but not enter it. These doors shall be left in place 48 hours to ensure owls have left the burrow. Artificial burrows shall be provided nearby. The implementing project area shall be monitored daily for 1 week to confirm owl use of burrows before excavating burrows in the impact area. Burrows shall be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible pipe shall be inserted into the tunnels during excavation to maintain an escape route for any animals inside the 1080
Conditions of Approval (City Council Resolution 2024-112) Page 4 of 32 burrow. The CDFG shall be consulted prior to any active relocation to determine acceptable receiving sites available where this species has a greater chance of successful long-term relocation. If avoidance is infeasible, then a DBESP will be required, including associated relocation of burrowing owls. If conservation is not required, then owl relocation will still be required following accepted protocols. Take of active nests will be avoided, so it is strongly recommended that any relocation occur outside of the nesting season.

9. Prior to issuance of grading permits (MM CR-1): In the event of an unanticipated discovery, all work must be suspended within 50 feet of the find until a qualified archaeologist evaluates it.

If archaeological resources are encountered during ground-disturbing activities, all work shall cease in the area of the find or diverted away from discovery to a distance of 50 feet. The City shall be immediately informed of the discovery and a qualified archaeologist shall be retained by the applicant to determine if the find is classified as a significant historical resource pursuant to CEQA Guidelines Section 15064.5(a) and/or unique archaeological resources (Public Resources Code Section 21083.2[g]). A qualified archaeologist is an archaeologist who meets or exceeds the Secretary of Interior’s Professional Qualification Standards for archaeology.

Personnel of the proposed project shall not collect or move any archaeological materials or associated materials. The qualified archaeologist shall be empowered to halt or divert ground disturbing activities.

If the resource is classified as a significant cultural resource, the qualified archaeologist shall make recommendations on the treatment and disposition of the find. The final recommendations on the treatment and disposition of the find shall be developed in accordance with all applicable provisions of Public Resources Code Section 21083.2 and CEQA Guidelines Sections 15064.5 and 15126.4. The City shall review and approve the recommendations prior to implementation. The City shall be provided with a final report on the treatment and disposition of the finding prior to issuance of a Certificate of Occupancy.

10. Ongoing during earth disturbing activity and/or construction (MM CR-2): In the event that human remains (or remains that may be human) are discovered at the Project Site or within the off-site Project improvement areas during ground-disturbing activities, the construction contractors, Project archaeologist, and/or designated Luiseño tribal representative shall immediately stop all activities within 100 feet of the find. The Project proponent shall then inform the Riverside County Coroner and the City of Banning Planning Division immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b).
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Conditions of Approval (City Council Resolution 2024-112) Page 5 of 32 If the coroner determines that the remains are of Native American origin, the coroner will notify the Native American Heritage Commission (NAHC), which will identify the “Most Likely Descendent” (MLD). Despite the affiliation with any Luiseño tribal representative(s) at the Project Site, the NAHC’s identification of the MLD will stand.

The MLD shall be granted access to inspect the Project Site of the discovery of Native American human remains and may recommend to the Project proponent means for treatment or disposition, with appropriate dignity of the human remains and any associated grave goods. The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the Project Site. The disposition of the remains will be determined in consultation between the Project proponent and the MLD. In the event that there is disagreement regarding the disposition of the remains, State law will apply and median with the NAHC will make the applicable determination (see Public Resources Code Section 5097.98(e) and 5097.94(k)).

The specific locations of Native American burials and reburials will be proprietary and not disclosed to the general public. The locations will be documented by the consulting archaeologist in conjunction with the various stakeholders and a report of findings will be filed with the Eastern Information Center (EIC).

11. Prior to the issuance of a grading permit (MM GEO-1): The Project proponent/developer shall submit to and receive approval from the City, a Paleontological Resource Impact Mitigation Monitoring Program (PRIMMP). The PRIMMP shall include the provision for a qualified professional paleontologist (or his or her trained paleontological representative) to be on-site for any Project-related excavations that exceed three (3) feet below the pre-grade surface. Selection of the paleontologist shall be subject to approval of the City of Banning Planning Manager and no grading activities shall occur at the Project Site or within the off-site Project improvement areas until the paleontologist has been approved by the City.

In the event of an unanticipated discovery, all work must be suspended within 50 feet of the find until a qualified paleontologist can evaluate the find and make recommendations. The approved paleontologist shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays. The paleontologist shall also remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. The paleontologist shall have the power to temporarily halt or divert grading equipment to allow for removal of abundant or large specimens.

Collected samples of sediments shall be washed to recover small invertebrate and vertebrate fossils. Recovered specimens shall be prepared so that they can be identified and permanently preserved. Specimens shall be identified and curated and placed into an accredited repository (such as the Western Science Center or 1082
Conditions of Approval (City Council Resolution 2024-112) Page 6 of 32 the Riverside Metropolitan Museum) with permanent curation and retrievable storage.

A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the steps outlined above. The report shall include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the City of Banning Planning Division, will signify completion of the program to mitigate impacts to paleontological resources.

12. Prior to building permit issuance (MM GEO-2): Prior to the start of construction, a paleontological resources Worker Environmental Awareness Program (WEAP) training program shall be presented to all earthmoving personnel to inform them of the possibility for buried resources and the procedures to follow in the event of fossil discoveries.

13. Prior to the issuance of a grading permit (MM TCR-1): at least 30 days prior to the issuance, the applicant shall contact the consulting Native American Tribe(s) that have requested monitoring through consultation with the City during the AB 52 and/or the SB 18 process (“Monitoring Tribes”). The applicant shall coordinate with the Tribe(s) to develop individual Tribal Monitoring Agreement(s). A copy of the signed agreement(s) shall be provided to the City of Banning Community Development Department, Planning Division prior to the issuance of a grading permit. The Agreement shall address the treatment of any known tribal cultural resources (TCRs) including the project’s approved mitigation measures and conditions of approval; the designation, responsibilities, and participation of professional Tribal Monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains/burial goods discovered on the site per the Tribe(s) customs and traditions and the City’s mitigation measures/conditions of approval.

The Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate the find and determine the appropriate next steps, in consultation with the Project archaeologist.

14. Ongoing during earth disturbing activity and/or construction, MM TCR-2: It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 1083
Conditions of Approval (City Council Resolution 2024-112) Page 7 of 32

15. The subject property shall be operated and maintained in accordance with the site plans stamped approved by the City and on file in the Planning Division, the conditions contained herein, and the applicable regulations within the BMC.

16. The Applicant shall complete any/all improvements to the site contained in the Subdivision Improvement Agreement for TM 38659.

17. The Applicant shall be responsible for completion of all Performance and Labor and Material Bonds under the approval for TM 38659.

18. Prior to release of performance bonds, the developer shall complete all public improvements including street widening, sidewalks, connections to sidewalks and trails within the development, providing ease of access to common open spaces and amenities.

Building Department

19. Once submitted for official plan review full architectural and structural drawing plans shall be provided. Structural plans and calculations shall be provided by a California licensed engineer or licensed architect.

20. Please provide the following number of construction plans and documents listed below for the first review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive an application number at the time plans are submitted for Building & Safety’s plan review. This number is needed to obtain information regarding your project:
(7) Precise Grading Plans
(7) Plot/Site Plans
(7) Site Disabled Access Plan
(7) Architectural Plans
(7) Structural Plans
(7) Electrical Plans
(7) Electrical Load Calculations
(7) Plumbing Plans/Isometrics
(7) Mechanical Plans
(2) Structural Calculations
(2) Roof and Floor Truss Calculations
(2) Title 24 Energy Calculations
(2) Geology Report
(2) Soils Report
(2) Condition of Approval Packages
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Conditions of Approval (City Council Resolution 2024-112) Page 8 of 32 (3) Temporary Fence Plan

21. Electronic plan submittal can be provided by building and safety. Please email [email protected] for additional information.

22. All structures shall be designed in accordance with the current version of the California Building Codes, including the California Green Building Standards Code.

Design all structures to comply with Seismic Design Category D, basic wind speed should be site specific and determined from ATC at www.atcouncil.org/windspeed with exposure type “C”, and Energy Calculations shall be designed per Climate Zone

10. 23. Where applicable, prior to issuance of building permits, provide a receipt from the appropriate Unified School District stating that all school fees have been paid. (Banning Unified School District)

24. Banning Electric does not release electric meters until final approvals are obtained from all agencies and departments.

25. Construction projects, requiring temporary electrical power, shall obtain an electrical permit from Banning Electric.

26. Construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

27. The Developer/Owner is responsible for the coordination of releasing any Deferral of Development Impact Fees or Bonds after such fees have been paid. The Developer/Owner should be aware, once the deferral notice is sent to the Riverside County Recorder’s Office; the release process takes two to three weeks. This process will delay final Certificates of Occupancy.

28. The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall request clearances from each department and/or agency at least two weeks prior to requesting a final building inspection from Building and Safety. Each agency may sign the Building and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

29. A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans.

Construction projects that have phased occupancy shall be completely separated 1085
Conditions of Approval (City Council Resolution 2024-112) Page 9 of 32 by a construction fence that is screened and show the adjusted fence locations at each phase.

30. The permittee shall utilize an anti-graffiti coating on trash enclosures and decorative block walls.

31. On site toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the nonsewer type shall conform to ANSI ZA.3 and on site per NPDS stormwater requirements.

32. All construction materials, which are not used, shall be recycled pursuant to the requirements per the California Green Building Standards Code. Receipts from the recycle company responsible for picking up the materials shall be kept in the construction office. After the construction is complete and before final occupancy, all trash receipts shall be forwarded to the City.

33. Prior to the issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Riverside County Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. No flammable construction materials shall be placed on the site without approvals by the Fire Department. All street and access roadways around the project shall be paved for emergency response vehicles before flammable materials are placed on the project.

34. Prior to issuance of building permits, site-grading certifications, compaction reports, and survey report shall be submitted to Building and Safety or to Public Works, as applicable.

35. All construction projects shall comply with the NPDES Stormwater Best Management Program. Prior to building permit issuance submit copy of the Water Quality Management Program Report. (WQMP)

36. All deferred plan items are to be identified on the cover sheet of the drawing plans.

37. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel. The accessible route(s) of travel shall be the most practical direct route.

38. Demolition of any onsite structures requires the following information or action. a. Submit copies of the property title at permit submittal. 1086
Conditions of Approval (City Council Resolution 2024-112) Page 10 of 32 b. Provide copy of the hazardous materials survey (asbestos and lead) for each structure.
c. Contact the City of Banning Building & Safety Department for current abatement and documentation requirements prior to performing demolition.

39. For the removal of fuel storage tanks, or other excavations involving backfill, a compaction shall be filed with the Building & Safety Department. Fuel storage tank removal will require notification of Riverside County Fire, Hazardous Materials and Riverside County Environmental Health Department.

40. All dead and removed trees and foliage is to be properly removed from the site.

41. The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal Americans with Disabilities Act (ADA) standards may differ in some cases from the California State requirements; therefore, it is the building owner’s responsibility to be aware of those differences and comply accordingly.

42. Building and Safety inspection requests must be made by 4:00 pm. on the previous City working day to receive a next day inspection. Please contact (951) 922-4820

43. Plan review application approval is valid for a period of 180 days after application date (plan check submittal date)- if the permit is not obtained within that time period the approval expires and becomes null and void. The Building Official may extend the time for action by the applicant for a period of 90 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration the applicant shall resubmit plans and pay a new plan review fee.

Electric Utility

44. A New Service Questionnaire will be required to determine the electrical demand of the project and to ensure the City of Banning Electric Utility (“BEU”) can provide safe and reliable service to the project.

45. The City of Banning Electric Utility will require adequate easements needed to service the project. An easement area will be required along Lincoln St for vaults, conduits, streetlights and pad mounted transformers and switches. Adequate easements will be required to serve all parcels of this project. These easements shall be offered for dedication to the City of Banning for public utility purposes. A non-exclusive easement shall be provided to the City of Banning to include the installation of electric distribution facilities within all common areas. 1087
Conditions of Approval (City Council Resolution 2024-112) Page 11 of 32

46. All structures and equipment will not be permitted to be built, installed, or stored under any overhead power lines and must maintain a minimum of 10-ft clearance from all overhead power lines.

47. Electrical point of connection will be provided from the area of Lincoln St and 12th St depending on the developer’s layout of the site (ex: electric room).

48. Streetlight infrastructure is to be installed by the developer, including necessary metering equipment, and are assumed to be publicly owned and maintained by BEU along West Lincoln St. Streetlighting requirements along HWY 243 shall adhere to the requirements of City of Banning Public Works and/or Cal Trans.

49. Prior to constructing BEU’s electric distribution system, the developer shall submit a detailed engineering plan showing design, location, and schematics for the utility system to be approved by BEU. The developer will also be required to follow the Electric Utility Maps & Records requirement. This will allow the utility to assist with the completion of a distribution plan and provide a cost estimate to serve the project.

50. *Note: Detailed design conditions and requirements to serve the project with electricity shall be discussed and reviewed following future approvals as the project progresses. Including the possibility of relocating existing steel poles along the frontage of the property.

51. The Developer may be required to execute one or more line extension agreements with BEU providing for the installation, construction, improvement, and dedication of the utility system.

52. All electric utility equipment will require to have adequate working clearances per local and state requirements, because of this some trees and bushes shown on the landscape plan might be eliminated. This equipment includes substructures, transformers, pad mounted switch gear and meter locations.

53. Please complete and return the following: New Service Questionnaire, Maps & Records Requirements, Electric Utility General Development Service Requirements.

Fire Department
With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards:

54. Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B or other approved method. Prior to 1088
Conditions of Approval (City Council Resolution 2024-112) Page 12 of 32 building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow. Reference CFC 507.3.

55. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the Fire Department. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4” x 2 ½” x 2 ½” (super hydrant). Reference CFC 507.5, CFC Appendix C and NFPA 24 7.2.3.

56. Fire Department Access - The minimum required turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet inside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. Reference CFC 503.1.1, 503.2.1 as amended by the County of Riverside and Riverside County Office of the Fire Marshal Technical Policy #TP22-002.

57. Fire Department Building Construction Permit Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC 105.1.

58. Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC 903.2 as amended by the County of Riverside.

59. Fire Alarm and Detection System - A water flow monitoring system and/or fire alarm system may be required as determined at time of building construction plan review.

Reference CFC 903.4 and CFC 907.2.

60. Traffic Calming Devices - Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Reference CFC 503.4.1.

61. Dock loading shall not impede fire department access lanes. 1089
Conditions of Approval (City Council Resolution 2024-112) Page 13 of 32

62. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1.

63. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01.

64. Fire Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01.

Public Works Department
General

65. The subject property shall substantially conform to the approved TENTATIVE PARCEL MAP 38659 and DESIGN REVIEW 23-7008. The City Engineer may approve minor design modifications to the project plans during the plan check process, if such modifications conform to the provisions of the Banning Municipal Code. Substantial changes shall not be permitted except upon application for, and approval of modification of this entitlement in compliance with all applicable procedures and requirements.

66. Revisions to the approved TENTATIVE PARCEL MAP 38659 during plan check process; including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes that are in substantial compliance with the Tentative Map, or associated Conditions of Approval, shall be administratively approved through the plan check process with the mutual consent and approval of the Developer, the Community Development Director, and the City Engineer.

Changes that are not administratively approved, through the process referenced above and herein shall be amended in accordance with the Subdivision Map Act, as amended and codified within the Banning Municipal Code (BMC).

67. All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

68. All applicable mitigation measures specified in the approved Technical Studies (Traffic Impact Analysis (TIA), Water Quality Management Plan (WQMP)), shall be incorporated as conditions of approval for this project and shall be addressed to the satisfaction of the Public Works Director and City Engineer. 1090
Conditions of Approval (City Council Resolution 2024-112) Page 14 of 32

69. The applicant shall comply with the Approved site plan, the preliminary grading plan, the preliminary WQMP & Hydrology report, and other relevant documents approved during project entitlement. Any significant omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision.

70. An Encroachment Permit shall be required prior to commencement of any work within the public right-of-way. The contractor working within the public right-of-way shall submit proof of a Class “A” State Contractor’s License, City of Banning Business License, and Liability Insurance.

71. The applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan, and improvement plans where applicable.

72. Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to the Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act).

73. All future utility systems including gas, electric, telephone, water, sewer, and cable TV, shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider.

Telephone, cable TV, and/or security systems shall be pre-wired. All future utility systems including gas, electric, telephone, water, sewer, and cable TV, shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired.

74. Any existing public improvements, or public improvements not accepted by the City that are damaged during construction shall be removed and replaced as determined by the City Engineer or his/her representative.

75. All weather vehicular access shall be maintained at all times to all parts of the proposed subdivision, where construction work is in progress, for emergency vehicles.

76. All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Applicant. 1091
Conditions of Approval (City Council Resolution 2024-112) Page 15 of 32

77. Prior to the release of surety and upon completion of construction, the Applicant shall furnish the City with reproducible record drawings on Mylar film of all improvement plans that were approved by the City Engineer. Each sheet shall be clearly marked "As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings.

The applicant shall have all AutoCAD files submitted to the City, revised to reflect the “As-Built” conditions.

Improvement Plans, Maps, Reports, Agreements and Certifications

78. The following is a non-inclusive list of items that may be required by the Public Works Department. Unless otherwise authorized in writing by the City Engineer, plans shall utilize the minimum scale specified and shall be drawn on 24”x36” sized paper. Plans should be drawn at a larger scale if additional detail and/or clarity is desired (Note:

The applicant may be required to prepare other improvement plans not listed here pursuant to improvement required by other agencies and utility purveyors). Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.

79. All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist. Registered Professional Landscape Architect or Registered Professional Surveyor in the State of California and submitted to the Public Works Department for review and approval.

80. The design of public infrastructure elements shall conform to the requirements of these Conditions of Approval, City General Plan, City/Regional Master Plans, City of Banning Grading Manual, City of Banning codes/standards, Standard Specifications for Public Works Construction (current edition), and Caltrans Standards and Specifications at no cost to any governmental agency as required by the City Engineer.

81. The design of private grading and improvements outside of public right of way shall comply with the City of Banning Grading Manual, Title 18 of the City of Banning Municipal Code, California Building Code, State Water Resources Control Board orders, rules, and regulations, and City of Banning standards and practices.

82. All off-site plan and profile, street improvement plans, and signing and striping plans shall show all existing improvements for a minimum distance of 200 feet beyond the project limits, and to a distance sufficient to show any required design transitions.

83. An index map shall be provided on the title sheet of all plan sets showing the overall view of the entire work area.
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Conditions of Approval (City Council Resolution 2024-112) Page 16 of 32

84. All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.

85. Permit Type Plan Set Scale
Grading Rough Grading Plan 1" = 40'
Precise Grading Plan 1" = 20'
Retaining Walls 1" = 40'
Encroachment
Final Maps
Technical
Studie
s
Permits and
Agreeme
nts
Erosion and Sediment Control
Street Improvement Plan Signing and
Striping Plan Traffic Control Plan
Storm Drain Improvement Plan Potable Water
Plan
Sewer Plan
Final Map
Easement Dedications Corner Records
Records of Survey
Geotechnical Report Compaction Report
Hydrologic and Hydraulic Report Water Quality
Management Plan
BMP Agreement
Landscape Maintenance Agreement
Subdivision/Improvement Agreement
Performance Bonds
Labor and Material Bond
Maintenance Bond
Certifications Non-Interference Letter
Grading Certifications Pad Certifications
1" = 40'
1" = 40' Horiz/ 1" = 4' Vertical
1" = 40'
1" = 40'
1" = 40' Horiz/ 1" = 4' Vertical
1" = 40' Horiz/ 1" = 4' Vertical
1" = 40' Horiz/ 1" = 4' Vertical
1" = 40'
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Conditions of Approval (City Council Resolution 2024-112) Page 17 of 32 Mapping/Survey

86. The submittal, approval, and recordation of the Final Map shall be in accordance with the provisions of the State Subdivision Map Act and Title 16, Subdivisions, of the Banning Municipal Code.

87. The Final Map shall have adequate reservations for public ingress and egress as well as public and/or private utility easements and abandonment of existing utility easements to the satisfaction of the City Engineer. The applicant shall be responsible for contacting all utility providers to establish appropriate easements required to provide services to each development area.

88. The applicant shall file an Environmental Constraint Sheet. An Environmental Constraint Sheet means a duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed with the County Surveyor simultaneously with the final map and labeled ENVIRONMENTAL CONSTRAINT SHEET in the top margin. Applicable items will be shown under a heading labeled Environmental Constraints Notes. The Environmental Constraint Sheet shall contain the statement:

THE ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS MAP

SHEET IS FOR INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS

OF THE DATE OF FILING, AND IS NOT INTENDED TO AFFECT RECORD TITLE INTEREST. THIS INFORMATION IS DERIVED FROM PUBLIC RECORDS OR

REPORTS, AND DOES NOT IMPLY THE CORRECTNESS OR SUFFICIENCY OF THOSE RECORDS OR REPORTS BY THE PREPARER OF THIS MAP SHEET.

As required by the City Engineer, the sheet shall delineate constraints involving, but not limited to, any of the following that are conditioned by the Advisory Agency:
archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability, and sewage disposal.

89. Prior to issuance of any permit(s), the applicant shall acquire or confer property rights necessary for the construction or proper functioning of the proposed project/development. Conferred rights may include right-of-way dedications, irrevocable offers to dedicate or grant of easements to the City for emergency services, maintenance, utilities, storm drain facilities, or temporary construction purposes including the reconstruction of essential improvements as directed by the City Engineer. All costs associated with acquiring rights-of-way or easements shall be borne by the applicant.
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Conditions of Approval (City Council Resolution 2024-112) Page 18 of 32

90. In the event that the applicant in unsuccessful in acquiring necessary property rights outside the project/development, the City will consider and potentially act on the option to acquire through eminent domain. Permits (or portions of permits) that are not affected by ROW acquisition will not be held up during the property acquisition or eminent domain process.

91. During the improvement plan checking process, turning radius template checks shall be submitted for access to all storm drain facilities, open space, and other utility easements that are accessed from a publicly accessible paved street. These templates shall clearly show that the easements are sufficient for full access under emergency conditions. The City of Banning's review of the easements shall include appropriateness of the vehicle turning radius, easement slopes and easement widths. Additional easement widths shall be required when the design vehicle is likely to use outriggers or other means of load stabilization.

92. All public facilities including sewer, water, reclaimed water and drainage shall be located in a public right of way or public utility easement. All final maps shall include appropriate easements per the approved tentative map and as required by the City Engineer and/or other agency maintaining public facilities. All easements shall meet minimum width and access requirements as mandated by the City or governing agency.

93. Submit a copy of the title report, closure calculations, and any separate instruments or necessary right-of-way documents to the Engineering Division prior to final map approval.

94. The Applicant shall be responsible for research on private utility lines (Gas, Edison, Telephone, Cable, Internet, etc.) to ensure there are no conflicts with site development. All existing on-site utility lines that conflict with this project shall be relocated, removed, or sealed to the satisfaction of the City Engineer.

95. The applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer of dedication to the City of Banning unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the applicant shall furnish a copy of the proposed easement to the City Engineer for review and approval. Further, a copy of the approved easement shall be furnished to the City Engineer prior to the issuance of any certificate of use and/or occupancy.

96. The applicant, at its sole expense, shall obtain all right of way or easement acquisitions necessary to implement any portion of condition of this project, including public improvements, off-site grading and construction, offsite street requirements, 1095
Conditions of Approval (City Council Resolution 2024-112) Page 19 of 32 offsite public utility requirements, storm drain improvements, or any other requirement of these conditions.

97. The applicant shall provide an easement over, across, and which provides ingress and egress to all private water quality, stormwater, drainage basins, public water facilities, public sewer facilities, public electric facilities, and fire department access to be dedicated to the City, for ingress, egress, and right to inspect, repair, remove, and replace unless otherwise directed by the City Engineer.

98. The applicant shall offer for dedication on the Final Map, within Final Map boundaries, all public street right-of-way and public utility easements in conformance with project entitlement documents. The City may reject the dedications and leave them open for future acceptance when all required public street improvements for the map are installed by the applicant in the rights of way.

99. The applicant shall offer to dedicate to the City of Banning additional Right of Way as described below:

Lincoln Street: 55' half width dedication (measured from Centerline) All offers of dedication shall include the corner cut-back at all intersections. 100. Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows:

Faithful Performance Bond 100% of estimated cost Labor and Material Bond 100% of estimated cost
Monumentation Bond - In the amount as supplied by the Record Engineer/Land Surveyor and as approved by the City Engineer
Securities for the public improvements shall be on file with the City Clerk prior to scheduling the final map for approval by City Council. Unit prices for bonding estimates shall be those specified or approved by the City Engineer. 101. The City and the applicant are to enter into a Public Improvement Agreement to guarantee the construction of the public improvements as listed in the Conditions of Approval and as shown on the approved plans.
102. The applicant shall verify and/or set all property corners, r/w corners, and centerline monuments. Subsequently, the applicant shall cause the surveyor to file the appropriate documents and records to the County of Riverside. 103. Public improvements shall be completed and accepted by City of Banning prior to release of Faithful Performance Bond and Labor and Material Bond for such 1096
Conditions of Approval (City Council Resolution 2024-112) Page 20 of 32 improvements. Faithful Performance Bond for applicable public improvements shall be reduced to 10% once City accepts improvements into maintenance period. Final 10% to serve as the maintenance bond for the 1- year maintenance period. 104. The Applicant shall comply with Assembly Bill 1414, which was enacted on January 1, 1995, and amended Section 8771 of the Business and Professions Code of the Land Surveyors Act. Assembly Bill 1414 requires that two (2) corner records be filed when:
a. Monuments exist that control the location of subdivisions or tracts, streets or highways; or provides survey control. The monuments are located and referenced by a licensed Land Surveyor before any streets or highways are reconstructed or relocated. The corner record(s) of the references are filed with the County Surveyor.
b. Monuments are reset in the surface of the new construction and a corner record is filed with the County Surveyor before recording of a Certificate of Completion for the project.
105. Permanent survey monuments shall be set at the intersection of street centerlines, beginning, and end of curves in centerlines, and at other locations designated by the Director of Public Works and City Engineer. All other centerline monuments shall be placed in accordance with standard survey practice. A complete set of street centerline ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of the monumentation bond.

Grading
106. The applicant shall comply with Title 18 of the Banning Municipal Code “Grading, Erosion, and Sediment Control”, the City of Banning Grading Manual, California Building Code related to excavation and grading, and State Water Resources Control Board orders, rules, and regulations.
107. Grading work shall be balanced on-site, wherever possible. If export is required as a result of the final grading plan, then measures will be taken to be in compliance with the applicable City of Banning Ordinances at time of final grading plan approval. 108. The project grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained for the release of concentrated or diverted storm flows. The project shall accept and convey storm flows from the adjacent property within the property boundaries, or within drainage devices and easements obtained by the applicant.
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Conditions of Approval (City Council Resolution 2024-112) Page 21 of 32 109. Rough grading plans shall include perimeter walls with top of wall and top of footing elevations shown. All footings shall have a minimum of 1-foot of cover, and/or sufficient cover to clear any obstructions. The Applicant shall submit design calculations and obtain permits for all perimeter and retaining walls from the Building and Safety Department.
110. A Grading Plan and Erosion Control Plan shall be submitted to the City Engineer for review and approval.
111. Detailed grading plans shall be prepared and approved by the City prior to any onsite grading for the project. 112. A soils report and geotechnical study shall be submitted in conjunction with the grading plan with further analyses of on-site soil conditions and appropriate measures to control erosion and dust. Any issues or recommendations provided in the report shall be addressed to the satisfaction of the City Engineer. The responsible geotechnical engineer shall sign and stamp all grading plans indicating the plan complies with the recommendations of the comprehensive soils and geotechnical report.
113. A grading permit shall be obtained from the Public Works Department prior to the commencement of any grading work.
114. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan (SWPPP) and file a Notice of Intent (NOI) with the Regional Water Quality Control Board (RWQCB). The applicant shall provide proof that the NOI and SWPPP has been approved by the RWQCB prior to issuance of any permits. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”):

Temporary Soil Stabilization (erosion control).

Temporary Sediment Control.

Wind Erosion Control.

Tracking Control.

Non-Storm Water Management.

Waste Management and Materials Pollution Control.
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Conditions of Approval (City Council Resolution 2024-112) Page 22 of 32 All erosion and sediment control BMPs proposed by the applicant shall be designed using the CASQA BMP handbook and approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City.
115. Construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site. Staging areas shall be screened from view from adjacent properties.

Vehicles shall be kept clean and free of mud and dust before leaving the development site. Surrounding streets shall be swept daily and maintained free of dirt and debris.
116. A precise grading plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained prior to commencement of any grading activity.
117. The applicant shall provide a lot pad certification. The pad certification shall include an elevation and compaction certification. The elevation certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. The compaction certification shall list the relative compaction of the pad soil and shall be certified by a licensed geotechnical engineer.
118. The applicant shall provide a Final Grade Certification. The certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall show actual building setbacks, swales, drainage devices, and other items shown in conformance with the approved Precise Grading Plan.

Stormwater/Water Quality
119. The applicant shall comply with Chapter 13.24 “Stormwater Management Systems” of the Banning Municipal Code.
120. The applicant shall submit a Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped (existing) conditions to the Engineering Division for review and approval. The study and analysis shall be prepared by a civil engineer licensed by the State of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District (RCFCD), RCFCD Hydrology Manual, and standard 1099
Conditions of Approval (City Council Resolution 2024-112) Page 23 of 32 plans and specifications. The 10- year storm flow shall be contained within the street curbs, and the 100-year storm shall be contained within the street right-of-way; when this criteria is exceeded, additional drainage facilities shall be designed and constructed.
121. The proposed drainage improvement plans shall be designed such that drainage facilities will maintain or reduce the 100-year peak runoff rates presently exiting all Project boundaries. The Project will use on-site detention basins to reduce the storm water flows to or below the existing condition flows prior to their discharge to areas located downstream of the project. The project shall be designed to retain the 100- year 3-hour storm. Detention facilities shall have a maximum draw down time of 72 hours.
122. Applicant shall submit drainage improvement plans for the proposed subdivision with the accompanying hydrology and hydraulic analysis and shall be designed per the RCFC&WCD Hydrology Manual and the City of Banning flood control standards.

Finalized studies shall verify the size of flood control facilities. Drainage facilities shall be in accordance with the approved tentative map and specific plan. Plans shall be submitted to RCFC&WCD and/or the City of Banning for review and approval for facilities that are to be owned and/or maintained by RCFC&WCD. 123. Trash Capture Devices are designed to keep trash, sediment, and debris from entering the City’s storm sewer system including its’ curb and gutters. The proposed project is in a “Priority Land Use” area (defined as: high-density residential areas (starting from 10 dwellings units/acre), Industrial areas (manufacturers, storage warehouses, distribution centers, junkyards), Commercial areas (populated consumer areas where goods and services are exchanged), Mixed-use areas (areas where high-density residential, industrial, and commercial intermix), and Public Transportation areas (property drains to or from bus stops)). Therefore, the developer shall install, operate, and maintain a “Full Capture” trash treatment control device for all storm drain systems (catch basins, inlets, etc.) on the property that capture runoff from the Priority Land Use area to comply with Trash Amendments/Provisions as defined by the SWRCB. The full capture system/device shall be selected from the SWRCB’s approved Certified “Full Capture Systems” list and shall also be approved by the City Engineer. If the project does not require a WQMP but is in a “Priority Land Use” area, a BMP Maintenance Agreement shall be prepared and executed with the City to ensure proper operation and maintenance of the full capture system/device and an annual self-inspection report shall be submitted to the Engineering Division.
124. The applicant shall identify and include in its improvement plans structural and nonstructural Best Management Practices (BMP’s) as outlined in the Final Water Quality Management Plan (WQMP).
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Conditions of Approval (City Council Resolution 2024-112) Page 24 of 32 125. The applicant shall prepare final Water Quality Management Plan in accordance with the California Regional Water Quality Control Board Colorado River Basin Region Order No. R7-2013-0011. The WQMP shall identify project Site Design BMP’s, Source Control BMPs and Treatment Control BMP’s as applicable. LID/Site Design BMPs should be incorporated in lieu of Treatment Control BMPs where feasible. The Whitewater River Region WQMP Guidance document shall be utilized by the applicant. The WQMP shall be reviewed and approved by the City Engineer. 126. The applicant shall execute a Stormwater Management Facilities Agreement on terms agreed to by the parties guaranteeing the maintenance of stormwater pollution controls. Said agreement shall be recorded with the Riverside County Recorder and run with the land.
127. The applicant shall provide their SIC code to the Engineering Division to determine if a SWRCB issued Industrial General Permit will be required. 128. A NPDES/Industrial Waste Inspection performed by the Public Works Dept. will occur and be paid for prior to the issuance of the Certificate of Occupancy.

Streets and Traffic
129. All street designs shall comply with City of Banning standard drawings where available. If no City standard is available applicant may select standards in the following order:
1 - City of Banning Standards
2 - Riverside County Standard Drawings
3 - 'Greenbook' Standard Drawings
4 - Caltrans Standard Drawing
5 - Other published standards, subject to approval from the City Engineer. Any standard drawing other than City of Banning standards shall be included on the improvement plan set as reference.
130. All street designs shall provide pavement and lane transitions per City of Banning and Caltrans standards for transitions to existing street sections. 131. Any public improvements damaged during the course of construction shall be replaced to the satisfaction of the City Engineer, or his/her designee. 132. Grading and excavations in the public right-of-way shall be supplemented with a soils and geology report prepared by a professional engineer or geologist licensed by the State of California.
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Conditions of Approval (City Council Resolution 2024-112) Page 25 of 32 133. Applicant’s geotechnical engineer shall provide the design of the pavement section and field measured “R-Values” based upon the Caltrans Method. 134. Street pavement design shall take into account the subgrade soil strength, the projected traffic loading, and have a design life of 20 years. 135. Minimum AC Thickness for any roadway shall be 4" AC, completed in 2 lifts. Final lift shall be a 0.15-foot cap completed after onsite construction is completed. 136. In accordance with the California Building Code, Title 24, and the requirements of the Americans with Disabilities Act (ADA), facilities for disabled persons shall be constructed in locations specified by the City Engineer (i.e., accessible paths of travel, curb ramps, etc.).
137. Parking areas shall be designed and improved with grades not to exceed five percent slope. All applicable ADA standards will be adhered to. 138. The street improvement plans shall include details for all ADA ramps, indicating elevations and grades in accordance with City of Banning standard drawings at a scale of 1”=5’ or larger if necessary.
139. ADA Ramps shall comply with City of Banning Standards and PROWAG guidelines, whichever is stricter.
140. Access drives to the public right-of-way shall be restricted to those approved by the City Engineer as shown on the approved plans. Commercial/Industrial driveway grades shall not exceed eight percent unless approved by the City Engineer. 141. Signing and Striping Plans shall show the following at a minimum: stop signs, limit lines and legends, no parking signs, raised pavement markers (including blue raised pavement markers at fire hydrants), and street name signs. 142. All existing overhead utility lines located on or adjacent to the site shall be undergrounded prior to public improvement acceptance and surety release, to the satisfaction of the Public Works Director, including but not limited to, electrical distribution, telephone, and cable lines, with the exception of electric utility lines over 33 kV in accordance with Ordinance 1500.
143. Lincoln Street: Construct half width street improvements for ARTERIAL HIGHWAY roadway per City of Banning Standard ST-101.1, (55’ half width, 43’ offset to C&G) including the following: Curb and Gutter, AC Pavement, Painted Median, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping. 1102
Conditions of Approval (City Council Resolution 2024-112) Page 26 of 32 144. The applicant shall provide estimates to construct, improve, or finance the proposed public improvements to the City Engineer for review and approval. The estimate shall differentiate between public improvements within the property boundaries of the tentative map, improvements outside the project boundaries and public improvements which abut the boundary of the property to be subdivided. 145. Applicant shall post a bond with the City of Banning to guarantee the repair of the roads.
146. Street lights shall be installed in accordance with the City of Banning Electric Department Standards. A detailed lighting plan shall be submitted for review and approval by the City’s Electric Department and City Engineer prior to recordation of Tr 37766. The plan shall indicate style, illumination, location, height and length of mast arm.
147. Applicant shall provide a modified Commercial Driveway to allow for truck movements in/out of the site to access the far right lane for westbound Lincoln Street.
148. Striping Plan shall accommodate bike lanes within the paved in accordance with the City's Active Transportation Plan.
149. All fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street/access driveway as approved by the Fire Marshall and must be maintained in good condition by the property owner until the street is accepted for maintenance.
150. All required public improvements for the project shall be completed, tested, and approved by City of Banning and/or other governing agency to the satisfaction of the City Engineer or their designee.
151. Applicant shall install all street name signs, striping, and related signage as shown on the approved plans to the satisfaction of the City Engineer and Public Works Director.
152. Applicant shall make pavement repairs necessary to mitigate the impacts of project construction traffic on all affected existing streets.

Landscaping
153. The applicant shall be required to enter into a Landscape Maintenance Agreement for the perpetual maintenance of landscaping within the public right-of-way fronting the project sites.
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Conditions of Approval (City Council Resolution 2024-112) Page 27 of 32 154. Prior to laying of the aggregate base layer for any new streets, all landscaping irrigation services (or sleeves to accommodate said services) shall be installed.

Street cut permits may be denied and alternate methods may be required for any construction within a street that was accepted by the City within the prior five years. 155. The applicant shall plant and maintain trees, shrubs, and ground cover placed in the parkway and slopes adjacent to public rights-of-way in connection with the project in accordance with applicable City standards.
156. Landscape and irrigation plans for all required facilities shall be submitted for approval. The final design of the parkways, walls, landscaping, and sidewalks shall be included in the plans and shall be subject to approval by the Community Development Director and City Engineer.
157. All landscape improvements within public right of way shall be compliant with the City of Banning MWELO guidelines.
158. An automatic sprinkler system and landscaping shall be installed, prior to certificate of occupancy for the portion of the project for which certificates of occupancy are requested, within the common areas including perimeter slopes and the interior collector streets. Each system shall include a smart landscape irrigation controller (including remote communication), a separate water meter and electric meter, and plantings as approved by the Community Development Director. Landscaping plans and specifications shall be reviewed and approved by the City Engineer. 159. Landscape improvements shall be certified by a licensed landscape architect or licensed landscape contractor as having been installed in accordance with the approved detailed plans and specifications. The applicant shall furnish said certification, including an irrigation management report, for each landscape irrigation system and any other required implementation report determined applicable to the City Engineer for review and approval.

Potable Water
160. All public potable water improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.
161. All private potable water improvement shall be designed and constructed per California Building Code, California Plumbing Code, and California Fire Code, latest editions. All private improvements shall be concurrently reviewed by the Building and Safety Department.
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Conditions of Approval (City Council Resolution 2024-112) Page 28 of 32 162. All private fire suppression systems shall be reviewed and approved by the City Fire Marshall.
163. Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project. 164. Fire hydrants shall be installed within and on the tract boundaries as per approved plans, at a 300-foot maximum spacing.
165. The fire service with require a RPDA backflow protection device. Private fire hydrants shall be painted red, and approval of location and materials to be coordinated with the Fire Department.
166. A backflow device must be installed on all common-area buildings and at each irrigation water connection. The backflow device must be in compliance with City of Banning standards and specifications.
167. A water improvement plan shall be submitted, separate from grading or site plans, showing proposed water service connection sizes and locations, including separate laterals for irrigation and fire protection. Both the domestic and irrigation water services will require the installation of a RP backflow protection device. Delta revision to existing plan to show new lateral locations is acceptable. 168. All required water lines and fire hydrants shall be installed and made operable before any building permits are issued. This may be done in phases if the construction work is in progress for emergency vehicles.

Sewer
169. All public sewer improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer. 170. Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project. 171. Each property shall have its own sewer lateral and shall be PVC SDR 26. 172. A sewer check valve shall be provided for each building with a finish pad elevation lower than the rim elevation of the immediate up-stream sewer manhole. 1105
Conditions of Approval (City Council Resolution 2024-112) Page 29 of 32 173. Applicant shall fill out and submit an Industrial User Survey form and an Industrial Waste Permit application.
174. A sewer improvement plan shall be submitted showing the sewer lateral size and location within the public right of way. A delta revision to the existing sewer plan is acceptable.

Solid Waste/Refuse
175. Effective January 1, 2022, all businesses shall subscribe to City’s three-container (trash, recycling, organics), Collection Services per Banning Municipal Code, Title

8.28, “Garbage Collection and Disposal” unless a City approved exemption is granted. Information on the program is available on the City of Banning website and made available at the following link:
https://library.municode.com/ca/banning/codes/code_of_ordinances. 176. Applicant is required to use the City’s exclusive franchise hauler (Waste Management) unless otherwise approved in writing by the Public Works Department.
177. Construction debris shall be disposed of at a certified recycling site. It is the responsibility of the developer to contact the City’s franchised solid waste hauler, Waste Management of the Inland Valley, at 1-800-423-9986 for disposal of construction debris.
178. Applicant is encouraged to review the referenced sections in the 2019 California Green Building Standard Code:https://calgreenenergyservices.com/wp/wpcontent/uploads/2019_california_green_code.pdf 179. Applicants shall submit a Construction and Demolition Waste Diversion Plan to the City’s Solid Waste Program Coordinator (SWPC) prior to commencement of construction or demolition. Contact the SWPC at [email protected] or 951.922.3193 for further details and to obtain a plan template. 180. The developer shall participate in the City’s recycling and diversion programs by providing a solid waste enclosure to accommodate necessary solid waste containers.
181. All new development projects including, but not limited to, industrial and business buildings and facilities, as well as multi-family complexes shall provide a solid waste enclosure to accommodate trash, recycle and organics waste bins and/or containers. Solid waste enclosures for multiple tenant properties, such as a 1106
Conditions of Approval (City Council Resolution 2024-112) Page 30 of 32 shopping center, must design the enclosure to accommodate all waste containers of the property.
182. Solid waste enclosures shall be located on the site to be serviced. 183. The enclosure shall be designed for the exclusive use of housing solid waste containers including trash, recyclable and organics materials. 184. Enclosures shall be lockable and/or contain locking bins. Locking mechanisms on enclosures and/or bins shall be approved by the City of Banning Solid Waste Franchise Hauler.
185. Design Criteria:
a. The size and dimensions of the trash enclosure shall be based on the required number and size of containers at a minimum accommodating one (1) container each for trash, recyclables and organics materials. b. Enclosure shall be architecturally compatible with the primary building on site to provide a coordinated design.
c. Exterior materials and colors of the enclosure shall match the building walls. d. Chain link fencing with or without/plastic slats is prohibited. e. Enclosure shall have solid metal or wood gates with latches that can be secured in an open or closed position.
f. Enclosures shall be constructed in a permanent manner. g. Exterior must be fully enclosed with solid roofing to prevent rainfall from entering the enclosure and to prevent wind dispersal, as well as offsite transport of trash and recycling.
h. Provide the minimum clearance for collector and user accessibility. i. City Engineer approval shall be obtained in writing prior to the construction of any solid waste enclosure.
186. Pursuant to CAL Green Building Standards Code section code 5.408. Construction and demolition wastes must be recycled and or salvaged for a reuse minimum of 65% of nonhazardous construction demolition waste materials. All projects require construction waste reduction, disposal and recycling services that comply with the 2019 California Green Building Standards Code (CALGreen) as described in the Non- Residential (5.408).
187. Applicants shall submit a Construction and Demolition Waste Diversion Reporting Form to the City’s Solid Waste Program Coordinator upon completion of the project to obtain diversion approval prior to final sign-off. Contact the SWPC at [email protected] or 951.922.3193 for further details and to obtain a report form template.
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Conditions of Approval (City Council Resolution 2024-112) Page 31 of 32 Public Works Fees
188. All fees must be paid in full at the thresholds identified below. Plan check fees for professional report review and all improvement plan reviews shall be paid at the time of submittal of said documents in accordance with the fee schedule in effect at the time of the submittal.
189. Applications submitted without full payment of fees are deemed incomplete. Plan review will not commence until all fees are paid.
190. Evidence of paid fees to agencies outside the City of Banning is required prior to the issuance of any applicable permit.
191. A fee shall be paid to Riverside County Flood Control and Water Conservation District in the amount specified by them to perform plan checking for drainage purposes for the proposed subdivision.
192. Public Works Grading Permit fees (including fees for NPDES inspections) shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.
193. Public Works Encroachment Permit and Inspection fees shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.
194. Water Meter fees and installation fees shall be paid in full prior to installation of any water meter in accordance with the fee schedule in effect at the time of installation. 195. Water connection fees shall be paid in accordance with the fee schedule in effect at the time of installation.
196. Sewer connection fees shall be paid in accordance with the fee schedule in effect at the time of installation.
197. Traffic Impact fees shall be paid in accordance with the fee schedule in effect at the time of issuance of occupancy permit.
198. A NPDES/Industrial Waste Inspection performed by the Public Works Dept. will occur and be paid for prior to the issuance of the Certificate of Occupancy. The applicant shall provide their SIC code to the Engineering Division to determine if a SWRCB issued Industrial General Permit will be required. For industrial facilities subject to the SWRCB's Industrial General Permit due to its SIC code, prior to the 1108
Conditions of Approval (City Council Resolution 2024-112) Page 32 of 32 Grading or Building Permit the applicant shall demonstrate coverage has been obtained by providing its WDID/NOI to the City Engineer. ***END***
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City of Banning
Community Development Department
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 Brown Strauss Industrial Project
Design Review No. DR 23-7008

INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION and APPENDICES.

Available at the City’s website:
https://banningca.gov/ArchiveCenter/ViewFile/Item/2996
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BROWN STRAUSS INDUSTRIAL PROJECT
Design Review No. DR 23-7008
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (SCH: 2024041145) Response to Comments
Prepared for:

City of Banning
Community Development Department – Planning Division
99 E. Ramsey Street
Banning, CA 92220
Contact: Emery Papp, Senior Planner
Applicant:

Brown Strauss Inc.
2495 Uravan Street
Aurora, CO 80011
Prepared By:
27128 Paseo Espada, Suite #1524
San Juan Capistrano, CA 92675
(949) 996-SAGE (7243)
Contact: Kelly Ribuffo, Senior Project Manager
May 2024
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Initial Study/Mitigated Negative Declaration - Response to Comments May 2024 Brown Strauss Industrial Project – Design Review No. 23-7008 2 This page intentionally left blank.
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Initial Study/Mitigated Negative Declaration - Response to Comments May 2024 Brown Strauss Industrial Project – Design Review No. 23-7008 i

TABLE OF CONTENTS
TABLE OF CONTENTS........................................................................................................................................... i

1. INTRODUCTION ......................................................................................................................................... 1

2. RESPONSES TO COMMENTS ....................................................................................................................... 2 a) Comment Letter A – California Highway Patrol................................................................................................3 Response to Comment Letter A – California Highway Patrol (CHP) ..........................................................................6

3. REVISIONS TO THE IS/MND........................................................................................................................ 7 1113
Initial Study/Mitigated Negative Declaration - Response to Comments May 2024 Brown Strauss Industrial Project – Design Review No. 23-7008

1. INTRODUCTION
An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the proposed Brown Strauss Industrial Project (Proposed Project) and made available for public comment during a 30- day public review period, from April 26, 2024, through May 28, 2024. One letter providing comment on the IS/MND was received by the City of Banning by the time that the public review period ended.

In accordance with the Guidelines for Implementation of the California Environmental Quality Act (State CEQA Guidelines), Section 15074(b) (14 CCR 15074(b)), before approving the Proposed Project, the City of Banning, as the lead agency under CEQA, will consider the MND with any comments received during the public review period. Specifically, Section 15074(b) of the State CEQA Guidelines (14 CCR 15074(b)) states the following:
“Prior to approving a project, the decision-making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis.”
Pursuant to State CEQA Guidelines Section 15073.5 – Recirculation of a Negative Declaration Prior to Adoption…
(a) A lead agency is required to recirculate a negative declaration when the document must be substantially revised after public notice of its availability has previously been given pursuant to Section 15072, but prior to its adoption. Notice of recirculation shall comply with Sections 15072 and 15073.
(b) A “substantial revision” of the negative declaration shall mean:
(1) A new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance, or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.
(c) Recirculation is not required under the following circumstances:
(1) Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1.
(2) New project revisions are added in response to written or verbal comments on the project’s effects identified in the proposed negative declaration which are not new avoidable significant effects.
(3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new 1114
Initial Study/Mitigated Negative Declaration - Response to Comments May 2024 Brown Strauss Industrial Project – Design Review No. 23-7008