Banning City Council
March 25, 2025

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Vincent Avila, Chief of Police
MEETING DATE: March 25, 2025
SUBJECT: Receive and File Police Department Statistics for the Month of February 2025
RECOMMENDATION:

Receive and file
BACKGROUND:

The Banning Police Department provides statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many police officers need to be on the street, what crimes are being committed, and reveal increases and decreases in specific crimes. Also, cities get funding in part on their crime rates. If a federal crime bill passed, the Government needs to know which cities could benefit the most from those funds, and some cities have been rewarded financially for drastically lowering rates of crime.

FISCAL IMPACT:

None
ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current police activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. STATS-FEBRUARY 2025.pdf
406
407

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Todd Hopkins, CalFire Division Chief
MEETING DATE: March 25, 2025
SUBJECT: Receive and File Fire Protection Services Statistics for the Month of February 2025
RECOMMENDATION:

Receive and file
BACKGROUND:

City Council has requested CalFire’s Riverside County Division, which provides fire protection services in the City of Banning, provide specific reports to the public and City Council on a monthly basis.

JUSTIFICATION:

Many fire and EMS departments store and analyze statistical data, which can provide a detailed analysis of the types of responses their organization is called to assist. This information is critical to elevating the level of service provided by the fire department
FISCAL IMPACT:

None
ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current fire and paramedic activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Fire Statistics February 2025.pdf
408
Bill Weiser
Jurisdiction Summary for City of Banning
Fire Chief
Riverside County Fire Department/ CAL FIRE
2/1/2025 to 2/28/2025
Incident Response Activity
*At least 1 Resource Dispatched
Incident Type #
Com Fire 1
False Alarm 37
Medical 369
Other Fire 10
Other Misc 2
Public Service Assist 23
Res Fire 1
Standby 2
Traffic Collision 23
Vehicle Fire 2
Wildland Fire 2
Incident Total 472
Average Enroute to On-Scene Time
*Units Responding Charlie, Delta, Bravo, Echo, Code 3
8 238 79
2 4.54 72.78
<5 Minutes +5 Minutes
+10 Minutes +20 Minutes
Average Min % 0 to 5 Min
Enroute Time: Unit has been acknowledged as responding.

On-Scene Time: Unit has been acknowledged as being On-Scene.

Transport
*Based on Units with a Transport time
0 Total: 0
Mutual Aid
*Unit responses
Jurisdiction Units Responses
Engine 359
Total: 359
Mutual Aid Given
Engine 162
Total: 162
Mutual Aid Received
21 Brush 4
Chief 8
Engine 178
Patrol 3
PIO 3
Squad 19
Truck/Quint 9
Total: 245
3/1/2025 1:41:24PM Page 1 of 2 409
Truck Report
MRFT1 recorded 9 responses in City of Banning from 2/1/2025 1:40:10 PM to 2/28/2025 1:40:10 PM
Significant Incidents
CAL FIRE / Riverside County Fire Department responded to multiple reports of a residential structure fire at 556 N 6th Street in the City of Banning. The first arriving Company Officer reported a single-story residential structure with a light smoke showing from a home to the rear of the property. Firefighters contained the fire within approximately twenty-five minutes of their arrival. Four adults were displaced as a result of the fire and denied assistance from American Red Cross. There were no injuries to civilians or fire department personnel. Firefighters remained on scene for an additional two hours conducting salvage and overhaul. 25CARRU028018
2/15/2025 5:12:00PM
3/1/2025 1:41:24PM Page 2 of 2 410

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: March 25, 2025
SUBJECT: Public Works Capital Improvement Project Tracking List RECOMMENDATION:

Receive and file.

BACKGROUND:

There are several planning, environmental, design and construction contracts that have been approved by City Council and/or the City Manager’s office that are being managed by the Public Works Department. In an effort to keep the City Council and the public informed of the progress made and current status of each project, staff has prepared and will continue to update the attached Public Works CIP Tracking List. The list will be presented to City Council on a monthly basis.

JUSTIFICATION:

This recurring item is provided to keep City Council and the public apprised of progress on certain projects.

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

Not applicable.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CIP Tracking March 2025.pdf
411
Category Project # Project Name Phase % Completed Tasks Completed Current Tasks Future Tasks Tentative Completion Date Project Budget Streets 2023-17 Hargrave Grade Separation PA&ED 0% Contract execution; project kickoff, grant reporting.

Agreements with Caltrans and UPRR;
Project Management Plan; Update
Basis of Design Document 12/30/27 $ 8,300,000
Streets - Highland Springs Avenue
Interchange
PA&ED 35% Highway Safety Manaul segmentation existing
condition; aerial topo mapping; traffic volume
report; Environmental Purpose/Need Statement;
Air/Noise memos; VMT Methodology Memo; DDI
Exclusion Memo; ROW Data Sheets;
Geometric development; utility agency data
collection; Traffic Operations Analysis
Report; Enviro. Technical Reports; HSM
Analysis Memo; Geotech Reports; Prelim
Drainage Reports;
Design Standard Risk Assessment;
Value Analysis Report; Geometric
Approval Document; R/W Data Sheets;
Transp. Management Plan
8/1/25 $ 2,900,000
Streets 2020-04 Sun Lakes Blvd Extension CEQA, PS&E 90% Council has approved a redesign in order to comply with Kinder Morgan's requirements.

Webb to submit signed 100% Plans.

Finalize Easement Documents and
Environmental Permitting
Prepare Bid Documents 12/1/26 $ 1,248,026
Streets - Traffic Signalization of 8th
Street/I-10 Interchange
Design/Permits 90% Design well underway. Submittal of
encroachment permit application to Caltrans.

Caltrans approval on TOAR and concepts.

Design drawings have been resubmitted to
Caltrans and awaiting a response.

Negotiations with private owners for ROW
Resubmitted to Caltrans if needed.

Caltrans encroachment permit
issuance. Property acquisition (private
12/1/25 $ 1,081,000
Streets 2022-05 HSIP Cycle 10 Omar/Ramsey
Intersection Improvements
Construction 0% Project Approved for Funding by the State.

Proposal solicitation. Contract award.

Caltrans Construction Allocation Funds
Released. Preparing Bid Documents
Advertize Bid to Public 7/30/25 $ 59,698
Streets 2023-04 HSIP Cycle 10 Ramsey Street
Pedestrian Safety Improvements
Construction 0% Project Approved for Funding by the State.

Project Awarded.

Caltrans Construction Allocation Funds
Released. Preparing Bid Documents
Advertize Bid to Public 7/30/25 $ 64,780
Streets 2023-09 HSIP Upgrade 17 Traffic Signals
Hardware
PS&E 5% Project approved for funding by Caltrans 30% Plans approved by City. STC Traffic Working on 60% Plans and Caltrans
60% Plans Submittal 12/1/25 $ 433,900
Streets 2023-10 HSIP Pedestrian Crossings
Upgrades at 19 Intersection
PS&E 2% Project approved for funding by Caltrans Preparing RFP Documents for Design Services
Send to purchasing for advertizing 12/1/25 $ 585,000
Streets 2023-11 HSIP Wilson St & 12 St
Intersection Upgrade
PS&E 2% Project approved for funding by Caltrans Preparing RFP Documents for Design Services
Send to purchasing for advertizing 12/1/25 $ 277,000
Streets 2023-05 San Gorgonio/UPRR Pedestrian
Crossing
Design 60% Amendment 2 CC Approval. 65% Plans
complete
90% Plans Sent to UPRR, Caltrans and
CUPC for Review and Comments
Submittal of 100% Plans 12/1/25 $ 230,000
Facility 2021-06 CNG Station Design-Build 40% Demo, undergroudn trenching, grading. Underground utility installation, grading. Complete underground utility work, demolition, grading, installation of
equipment, paving, concrete and new
wall.
10/1/25 $ 4,888,261
Facility City Hall Roof Repairs - Phase 1 Construction 100% Inspection and repair of tiled roof area Completed Retention Release 1/31/25 $ 90,000 Facility City Hall Roof Repairs - Phase 2 Design/Bid 10% Scope identification - Roof/leak repairs on flat roof section over remainder of City Hall
Preparation of RFP Award, Construction 6/30/25 $ 275,000 Facility 2024-02 City Hall West Side Workspace
Reconfiguration
Construction 95% Removal of cubicles, removal of floowing, close off existing hallway door, installation of flooring
and new office spaces and furniture
Punchlist Complete punchlist and close out
project.
2/28/25 $ 300,000
Water 2018-02W2 New Domestic Water Well C8 (Phase 2: Well Equipping and Site Development)
Construction 0% Contracts signed Schedule Kickoff Mobilization 2/28/25 $ 3,774,100 Wastewater 2022-
01WW
Wastewater Treatment Plant and
Recycled Water Improvments
Phase 1
(Design)
0% Execute DBIA Agreement (545) and General
Conditions (535).

Schedule Kickoff Mobilization 3/25/25 $ 4,398,490
Wastewater 2020-
08WW
WWTP Equalization Basin Design/CEQA 90% Completed 60% drawings, 90% drawings are in reviewed.

Development of 100% drawings; working
with EPA on grant funding.

Submitall of 100% drawings; grant
funding to be announced by end of Feb.
2025.
3/31/25 $ 362,866
Water 2023-15 Ramsey Street Water Line Construction 90% 16" DIP for the actual mainline alignment has been completed and tested. Services installed.

Prepare for final trench repairs. Close contract 10/1/25 $ 1,199,106 Water 2022-07W Well M12A (Phase 2: Well
Equipping an Site Development)
Construction 0% Contracts signed Schedule Kickoff Mobilization 3/25/25 $ 2,684,990 Recycled
Water
2024-1RW Charles Street and Lincoln Street
Booster Station and Reservoirs
Construction 0% Project has been advertised for bids Pre-Construction Scheduled for 1/27/25 Begin Construction Activities 2/1/26 $ 10,160,200 Facility 2023-16 Opportunity Village Sound Wall Design 60% Project kicked off. 100% Plans Approved by City. Waiting on Caltrans Approval and Encroachment
Final Plans 3/31/25 $ 103,486
Facility 2023-06 Lions Park Non-Potable Water
Conversion
Design 100% Project Awarded. Kick Off Meeting. Surveying and utility research
100% Plans Approved by City. Prepare Bid Package to go out in July after Completion of Little League
12/1/25 $ 98,500
Electric Sun Lakes Blvd Extension Design 60% Full underground conversion design and const estimate completed. Further direction given to
reduce cost of project
Completing redesign of project to reduce
the amount of overhead to underground
conversion
Prepare bid package to include with
larger Public Works project
12/1/26 $ 55,400

PUBLIC WORKS CAPITAL IMPROVEMENT PROJECTS (CIP) TRACKING SHEET 412
Electric Robertson's Ready Mix Pole
Relocation
Construction 0% Line Extension Agreement approved by City Council. Additional comments provided by
Robertson's Ready Mix
Update and execute ageemtment, and
collect deposits from Robertson's to begin
ordering materials for construction
Order materials for contruction and
schedule installation
6/30/25 $ 425,000
Electric 12kV Reconductor on Barbour St
at Hathaway
Design 90% Design has been completed for the project Plan in review with amangement Include project in budget cycel for 2025/26; Order materials for contruction
and schedule installation
12/30/25 $ 100,000
413

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vincent Avila, Chief of Police
MEETING DATE: March 25, 2025
SUBJECT: Receive and File Code Enforcement Statistics for the Month of February 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

The City’s Code Enforcement Division (“Code”) is responsible for enforcement of the Banning Municipal Code and state and federal laws, as applicable. Typical code enforcement duties and responsibilities include pursuing the abatement of unsafe buildings, unpermitted land use, business without a license, construction without permit, and unregistered food vendors. Additionally, Code is responsible for compliance with weed abatement, which involves patrol, investigation, noticing, enforcement, and remediation of vacant lots.

Code is currently overseeing 393 open cases, including 18 cases opened during the month of February 2025. Below is a summary of cases during the month of February 2025.

Month YTD
New Cases Opened 18 35
Total Cases Open (includes previous years) 393 N/A
Notice of Violations issued 76 89
Violations Resolved 81 214
Citations Issued 3 24
Field Inspections completed 74 155
Fee's Collected (Citations) $ 696.92 $ 1459.75
Red Tagged Properties 1 3
Abandoned Vehicles Abated (AVA Program) 0 0
Weed Abatement Cost Recovery Received $ 1708.53 $ 20,221.23 JUSTIFICATION:

Monthly activity reports are provided for informational purposes.

FISCAL IMPACT:
414
Not applicable.

ALTERNATIVES:

Direct staff to provide additional information on the case data.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
415

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: March 25, 2025
SUBJECT: Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for February 2025 RECOMMENDATION:

Receive and file.

BACKGROUND:

Per Purchasing Policy B-30, 3-105(5), written notification by the Purchasing Officer of all City Manager approved contracts will be provided quarterly to the City Council for review, and 16-107(3), The City Manager, or his designated representative, shall make a monthly written report to the City Council as to all Change Orders approved by the City Manager during the month, and of all possible future Change Orders that may appear probable prior to the next monthly report. At a minimum, the City Manager shall provide the Council with the name and nature of the contract, all Change Orders approved during that month, the reason for the Change Orders, the cumulative amount of the Change Orders for that contract, and any additional information the Council requests.

JUSTIFICATION:

While the policy requires contracts signed under the City Manager’s signature authority to be submitted to City Council on a quarterly basis, it is staff’s intent to submit these reports on a monthly basis to provide continuity with other monthly reports submitted to Council.

FISCAL IMPACT:

None
ALTERNATIVES:

Failure to provide this report to the City Council would result in the City being out of compliance with Purchasing Policy B-30,3-105(5).

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025-02 Feb 2025 Executed Contracts up to 25,000.pdf 416
City Manager
Approval Date Vendor Name Description of Item/Service Contact Award Total Department/ Division Comments 2/24/2025 H & L Charter Co., Inc. OEP La Brea Tar Pits Trip $2,517.00 Parks & Rec Contracts Approved Within City Manager Signature Authority FOR MONTH OF FEBRUARY 2025
Outdoor
Education
Program
417
Date Vendor Name Description of Item/Service Contact Award Total Change Order Comments
Date Vendor Name Description of Item/Service Amount Department Comments FOR MONTH OF FEBRUARY 2025 - NO ITEMS
Change Orders Approved Within City Manager Signature Authority FOR MONTH OF FEBRUARY 2025 - NO ITEMS
INVENTORY PURCHASES OVER $25K
418

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: March 25, 2025
SUBJECT: City Council Travel and Conference Expense Report Year to Date Through February 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

The City Council attends many events, conferences, and training sessions while serving the City of Banning. The rules for these events and expenses are enforced by the Reimbursement Policy for Elected and Appointed Officials as well as by Policy E-3 Travel and Meeting Policy.

JUSTIFICATION:

As part of the Reimbursements Policy for Elected and Appointed Officials each official must briefly report on outside meetings, and all City reimbursement expenditures are subject to disclosure under the Public Records Act and other applicable laws. This monthly report will enable the City to comply with this requirement.

FISCAL IMPACT:

All expenditures under this category are from account 001-1000-411.23-05. As of February 28, 2025, the total charge to this account is $13,660.73.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current council activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Feb 2025 Council Travel report.pdf
419
420
421
422
423
424
425
426

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Art Vela, Director of Public Works
MEETING DATE: March 25, 2025
SUBJECT: Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37388-7, Lot G, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System
RECOMMENDATION:

Staff recommends that City Council accept an easement from Tri Pointe Homes for electric utility purposes for Tract Map No. 37388-7, Lot G, within the Atwell Development for the maintenance of the City owned and operated electric distribution system.

BACKGROUND:

Final Tract Map No. 37388-7 within the Atwell Development Specific Plan was approved by City Council by Resolution No. 2024-190 on December 10, 2024. Banning Electric Utility has constructed electrical improvements within this tract that were required to serve the housing development. As part of the Conditions of Approval for the project, the owner is required to provide the City with necessary easements for the maintenance of the City owned and operated electric distribution system.

The facilities within the proposed easement consist of primary underground electric infrastructure required for utility service within the Atwell development.

JUSTIFICATION:

It is necessary to obtain the easement for the City to access and maintain the City-owned electric distribution equipment which may include utility poles, conduit with conductors, transformers, switchgear, equipment pads, and meters.

FISCAL IMPACT:

There is no fiscal impact associated with the acceptance of the easement.

ALTERNATIVES:

Do not accept the easement and provide alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
427
ATTACHMENTS:

1. Att. 1_Certificate of Acceptance - Easement for 37388-7, Lot G.docx

2. Att. 2_Easement Tract 37388-7, Lot G.pdf
428
Recording Requested by:

City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220

NO RECORDING FEE PER SECTION
6103 OF THE GOVERNMENT CODE

CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT – PUBLIC ELECTRIC UTILITY PURPOSES from Tri Pointe Homes IE-SD, Inc., dated 2/10/2025, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 25th day of March 2025, and the grantees consent to recordation thereof by its duly authorized agent.

Dated: March 25, 2025

CITY OF BANNING
________________________________
Caroline Patton, Administrative City Clerk
429
430
431

EXHIBIT “A”

PUBLIC ELECTRIC EASEMENT
CITY OF BANNING PROJECT ID NO. RW 25-0001

LEGAL DESCRIPTION
AN 18.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT ‘G’ OF TRACT NO. 37388-7, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN MAP BOOK 499, PAGES 97 THROUGH 106, INCLUSIVE, RECORDS OF SAID COUNTY, LYING 9.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE CENTERLINE INTERSECTION OF EUREKA AVENUE, HAVING A HALF WIDTH OF 28.00 FEET, AND APEX STREET, HAVING A HALF WIDTH OF 35.00 FEET AS SHOWN ON SAID TRACT NO. 37388-7;
THENCE ALONG THE CENTERLINE OF SAID APEX STREET NORTH 11°23’53” EAST 102.20 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE OF APEX STREET NORTH 78°36’07” WEST 35.00

FEET TO THE WEST RIGHT OF WAY LINE OF SAID APEX STREET, SAID POINT ALSO BEING ON THE EAST LINE OF SAID LOT ‘G’ AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 78°36’07” WEST 12.50 FEET TO THE POINT OF TERMINUS.

SAID PUBLIC ELECTRIC EASEMENT CONTAINS 225 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL CONDITIONS, RESERVATIONS, EASEMENTS AND RIGHTS OF RECORDS, IF ANY.

SEE EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED UNDER THE SUPERVISION OF:
_________________________________________
DARYL J. CHRISTIAN, PLS 8554 DATE
RECOMMENDED FOR ACCEPTANCE BY:
_________________________________________
ROBERT C. OLLERTON, PLS 7731 DATE
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
432

PUBLIC ELECTRIC EASEMENT
CITY OF BANNING PROJECT ID NO. RW 25-0001
SHEET 1 OF 2

P L A N N E R S E N G I N E E R S S U R V E Y O R S

ABBREVIATIONS
M.B. MAP BOOK
NO. NUMBER
P.O.C. POINT OF COMMENCEMENT
P.O.T. POINT OF TERMINUS
T.P.O.B. TRUE POINT OF BEGINNING

PLAT TO ACCOMPANY LEGAL DESCRIPTION

INDEX MAP

SURVEYOR'S CERTIFICATE
PREPARED UNDER THE SUPERVISION OF:

DARYL J. CHRISTIAN DATE
LICENSED LAND SURVEYOR NO. 8554
SHEET 2
STREET

APEX MEADOWLINE WAY

EUREKA AVENUE HIGHLAND HOME ROAD
SCALE: 1" = 300'
LOT 'G' TR. NO. 37388-7
M.B. 499/ 97-106
433
9'
9'
18'

12.5'

12.5'
35'
35'
3' 1
28'
28'
8'
1 N 11°23'53" E (RAD)
102.20'
N 78°36'07" W

35.00'
L1
Δ=20°57'02" R= 600.00 L=219.39'

LINE TABLE
LINE #
L1

BEARING
N 78°36'07" W

DISTANCE

12.50'
SCALE: 1" = 20'
P.O.C.

T.P.O.B.

APEX STREET
26 TR. NO. 37388-7

PUBLIC ELECTRIC EASEMENT
CITY OF BANNING PROJECT ID NO. RW 25-0001
SHEET 2 OF 2

P L A N N E R S E N G I N E E R S S U R V E Y O R S

PLAT TO ACCOMPANY LEGAL DESCRIPTION
P.O.T.

M.B. 499/ 97-106

LOT 'G'
LOT
'A'
LEGEND:

INDICATES NON-EXCLUSIVE

EASEMENT FOR PUBLIC UTILITY

PURPOSES TO THE CITY OF

BANNING PER TRACT
NO. 37388-7, M.B. 499/ 97-106
EASEMENT NOTES:
1 PUBLIC ELECTRIC

EASEMENT
(225 SF)

EUREKA AVENUE
CL
CL
434

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: March 25, 2025
SUBJECT: Receive and File Update on KB Homes Project, Vista Robles, and Impacts to Saint Boniface School Site
RECOMMENDATION:

Receive and file.

BACKGROUND:

At its March 11, 2025 regular meeting, the City Council directed staff to provide information on the status of construction impacts of the Vista Robles residential project on the Saint Bonafice School site. KB Homes is currently constructing the Vista Robles project, which consists of 143 single-family residential homes located north of Gilman Street and west of Wytes Way. The project received land entitlements from the City as follows:

April 3, 2024 - Planning Commission adopted Resolution 2024-06, approving the Design Review Application (Case DR 24-0026) for the architecture and design of the homes.

December 11, 2018 - City Council adopted Resolution 2018-149, approving the Tentative Tract Map Application (TTM 33540) for a revised subdivision map reducing the number of lots from 171 to 143.

Additional information on the above approvals is included in the attached 2024 Planning Commission Staff Report.

The project site includes a known resource, Saint Bonafice School. Chapter IV (Environmental Resources) of the General Plan identifies that, "the St. Boniface Indian School was built in 1889 on 80 acres purchased by the Bureau of Catholic Indian Missions." Program 2.D of this Chapter states that, "should development be proposed, extensive analysis of the site shall be conducted, and mitigation proposed, to document its historic significance."
Prior to approving the aforementioned entitlements, the City prepared an Initial Study to evaluate all impacts associated with the project in accordance with requirements in the California Environmental Quality Act (CEQA). The Initial Study analyzed project impacts to air quality, biological resources, cultural resources, transportation, among other categories listed in Appendix G of the CEQA Guidelines.

Part of the CEQA process involves a formal consultation process with recognized tribes, pursuant to Assembly Bill 52 (AB 52). The consultation process requires formal notice from the City to tribal governments identified by the Native American Heritage Commission, a State Agency that identifies, catalogs, and protects Native American cultural resources. The notice to the tribes requests formal consultation on a proposed project to ensure any culturally significant impacts are mitigated. For the subject project, the City complied with AB 52 and has mitigated impacts to culturally significant resources, including the St. Boniface Site, with any of the recognized tribe(s) seeking consultation. The project is conditioned to mitigate impacts to the resource, including conveying land to the Morongo Band 435
of Mission Indians, installing fencing around protected areas and other measures that were identified during the consultation process. However, the City is unable to disclose the location of any tribal resources to members of the public, pursuant to California Public Resources Code Section 5097.9 and the California Code of Regulations Section 15120(d).

JUSTIFICATION:

The Community Development Department will ensure compliance mitigation requirements to resources, as required by CEQA.

FISCAL IMPACT:

None.

ALTERNATIVES:

Provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2024 Planning Commission Staff Report - Vista Robles by KB Homes

2. PC Resolution 2024-06 Vista Robles Design Review

3. CC Resolution No 2018-149 Vista Robles TTM

4. AB 52 Technical Advisory
436

CITY OF BANNING

STAFF REPORT
TO: PLANNING COMMISSION
FROM:

PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: April 3, 2024
SUBJECT: Consideration of Resolution 2024-06 Making a Determination under CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) that the Project is consistent with a previously adopted (September 26, 2006) Mitigated Negative Declaration for TM 33540 and that no further analysis is required; and Consideration of Design Review (DR 24-0026, a Proposal to Consider the Architecture and Design for 143 Single-Family Homes on 148 Previously Recorded Lots (TM 33540) On a 65-Acre Site Generally Located North of Gilman Street and West of Wyte Way, and within the Low Density Residential (LDR) Zoning District (APNs 535-070-014; 535-110-002; 535-110-006; 535-110-011; 535-110-012; 535- 311-006 Through 023; and 535-312-001 Through 024).

Adam Rush, Community Development Director
PROJECT APPLICANT:

Vernell Williams
KB Home Coastal
36310 INLAND VALLEY DR #300
WILDOMAR, CA 92595-7594
BACKGROUND:

Tentative Tract Map (TTM) 33540 and a Mitigated Negative Declaration was approved by City Council on June 13, 2006 as Resolution 2006-059, with modifications to the TTM approved by City Council on December 11, 2018 as Resolution 2018-149. The 2018 approval reduced the lot count from 171 lots to 143 lots and required conveyance of additional land to the Morongo Band of Mission Indians. The Applicant processed Final Tract Map (TM) 33540 through the Public Works Department. TM 33540 subdivided 71.79 acres into 143 single family residential lots, 7 Open Space, Park, and Drainage lots, and 1 lot that will be deeded by the owner/developer to the Morongo Band of Mission Indians (MBMI) within 60 days after recordation of the Final Map. The resulting net acreage of the project site is approximately 65 acres after conveyance to MBMI. The Applicant has complied with the required Conditions of Approval for TM 33540, including close coordination with MBMI and has recently obtained approval of the Memorandum of Agreement (MOA), Cultural Resources Mitigation Monitoring Program (CRMMP), and Tribal Monitoring Services Agreement (TSMA). The Final Map was approved by the City Council on December 12, 2023, and the Final Map was recorded on December 21, 2023.

The Applicant submitted proposed architecture for a Pre Application Conference (PAC) in August 2022.

Staff reviewed the proposed architecture, provided comments, and the Design Review under consideration has fully integrated said comments from staff. On March 13, 2024, the Applicant completed the submittal of Design Review Application (DR) 24-0026 using the City's online SmartGov portal to consider the architecture and design for 143 single-family homes on 148 previously recorded 1 437
lots (TM 33540) on a 65-acre site generally located north of Gilman Street and West of Wyte Way, and within the Low Density Residential (LDR) zoning district.

DESCRIPTION:

The subject property zoning designation is Low Density Residential (LDR) which allows for residential development with a minimum lot size of 7,000 square feet and allowable density of up to 5 dwelling units per acre (du/ac). A total of 143 new detached, one- and two-story single-family homes are proposed on the existing lots, producing a development consistent with the General Plan designation, Zoning district, and the underlying TM 33540.

The development incorporates six residential floor plans having a mix of Craftsman, Spanish, and Traditional architectural styles. Each floor plan also has a reverse floor plan, and some floor plans have options such as a Great Room with a four-door sliding door, and a den/extra bedroom option. In addition, homes with side and rear elevations situated in view from common areas will provide enhancements on those elevations which may include window shutters, wrap around trim, and additional window treatments. Each architectural style proposes three color schemes to further ensure that product placement throughout the tract provides great variations in color, style, height, and material treatments.

The Plan 1, Plan 2, and Plan 3 homes all propose single-story units with 3-4 bedroom floor plans ranging in size from 1,851 square-feet, to 2,379 square feet with two-car attached garages. The single-story homes will have a maximum height of nineteen-feet, four inches. The Plan 4, Plan 5, and Plan 6 homes are two-stories and the proposed floor plans range in size from 2,533 square-feet to 3,118 square-feet, with a two-car garage. The two-story homes will have a maximum height of 29 feet, nine inches. The architectural elevations proposed are a mix of Spanish, Craftsman, and Traditional styles with the use of concrete flat or "S" roof tiles, wood posts, wood siding, stucco arches, and ornamental metal accents (See Attached Color Board). Each architectural style will incorporate three color schemes. Exterior finishes include light earth tone stucco with contrasting trim colors. Desired architectural elements include recessed front door entries, porches with entry archways, prominent columns, and decorative shutters. Roofs pitches will be 4:12 and roofing material will consist of concrete “S” tile for the Spanish Elevations and flat concrete tile for the Craftsman and Traditional Elevations which is compatible with the existing surrounding built environment.

FINDINGS:

Pursuant to Banning Municipal Code (BMC) Section 17.56.050 – Findings, the proposed Project must be found to be in compliance with BMC Section 17.56.010 Design Review. The purpose of a Design Review is to: establish design review procedures for development proposals; assure that proposed projects conform to development standards and design guidelines; focus on community design principles which result in creative, imaginative solutions which establish quality design for the City; promote the orderly and harmonious appearance of structures, landscaping, parking areas, etc.; and maintain the public health, safety and general welfare and property throughout the City.

BMC Section 17.56.050-Findings goes on to state that: Prior to making a determination, the review authority shall determine that the project adequately meets adopted City performance standards and design guidelines, based upon the following findings:

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

Findings of Fact: Proposed Design Review 24-0026 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 designation is Low Density Residential (LDR) on the General Plan Land Use Map and LDR Zoning District. The proposed use is consistent with the LDR land use designation, which allows single-family detached residential units. Examples of permitted uses include attached and detached residential, parks, passive open space, and infrastructure necessary to serve the primary use. Further, Design Review 24-0026 is consistent with General Plan Economic 2 438
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.” The addition of 143 single-family homes will increase housing opportunities in a market with low supply. Attracting new Banning citizens increases the City’s supply of workforce housing and increases the City’s median household income.

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.

Findings of Fact: The Low Density Residential (LDR) (0-5 du/acre) zoning district allows the development of attached and detached single family homes, in traditional subdivisions and planned communities. The proposed project is consistent with the intent of the land use designation as the development involves detached single-family homes within a legally formed residential subdivision.

Further, the Project is consistent with Section 17.30.030 (Residential Development Standards) of the LDR zone and subject to the attached Conditions of Approval.

Finding No. 3: The design and layout of the 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.

Findings of Fact: The Project will provide site and circulation layout design in such a way that the project will not interfere with the use and enjoyment of surrounding existing and future development.

Additionally, the Project is consistent with Section 17.12.150 (Architectural Design Guidelines) of the Zoning Ordinance and the development standards of the LDR zone. The City Engineer has determined that the recorded subdivision of land is in conformity with law and subdivisions code; and, that all the lots will have adequate access to public streets, sanitary sewer lines, water mains, fire hydrants, drainage structures and utilities.

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

Findings of Fact: The Project will not impair the integrity and character of the LDR land use district in which it is to be located because the site is located within the same zoning district as surrounding property and the proposed homes are similar in massing and design as the existing built environment.

The Project will continue to flow with the existing roadway system and will not create any barriers that will divide the neighborhood. The building architecture, site layout, and public improvements are compatible with the character of the surrounding neighborhood and Zoning Ordinance design guidelines and will be compatible with the existing surrounding built environment.

Staff has determined that all of the required Design Review Findings can be made in the affirmative.

ENVIRONMENTAL DETERMINATION:

Make a Determination under CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) that the Project is consistent with a previously adopted (September 26, 2006) Mitigated Negative Declaration (MND) for TM 33540 and pursuant to Sections 15162(a)(1) - (3)(A)-(3)(D), (b)-(d) of the California Environmental Quality Act and the CEQA Guidelines. The proposed Design Review project is consistent with the development density and intensity evaluated in the MND for Map 33540 and no further analysis is required. A Notice of Determination has been prepared for the Project.

PUBLIC COMMUNICATION:

The proposed Design Review 24-026 was advertised in the Record Gazette newspaper, March 22, 2023.

In addition, notices were mailed to the owners of parcels within a 300-foot radius from the Project site. As of the date of this report, staff has not received any written comments either for or opposed to the project.
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ATTACHMENTS:

1. DR 24-0026_PC Resolution 2024-06

2. DR 24-0026_Conditions of Approval

3. Vista Robles Product Placement Map

4. Vista Robles Color Board

5. Vista Robles - Color Elevations Floor Plans

6. DR 24-0026_Exhibits

7. DR 24-0026_Notice of Determination

8. DR 24-0026_Public Hearing Notice

9. DR-24-0026_ Applicant's Cert.
4 440
RESOLUTION 2024- 06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BANNING,

CALIFORNIA, MAKING A DETERMINATION UNDER CEQA GUIDELINES SECTION 15162 ( SUBSEQUENT EIRs AND NEGATIVE DECLARATIONS) THAT THE PROJECT IS CONSISTENT WITH A PREVIOUSLY ADOPTED ( SEPTEMBER 26, 2006) MITIGATED NEGATIVE DECLARATION FOR TM 33540, AND CONSIDERING DESIGN REVIEW (DR) 24-0026, THE ARCHITECTURAL AND LANDSCAPING ELEMENTS FOR 143 SINGLE- STORY AND TWO-STORY SINGLE- FAMILY HOMES WITHIN TRACT NO. 33540, ON A TOTAL OF 65 ACRES OF VACANT LAND

GENERALLY LOCATED NORTH OF GILMAN STREET AND WEST OF WYTE WAY, WITHIN THE LOW DENSITY RESIDENTIAL ( LDR) ZONING DISTRICT. ( APN' S 535- 070-014; 535-110-002; 535-110-006; 535-110-011; 535-110-012; 535-311-006 THROUGH 023; and 535-312-001 THROUGH 024).

WHEREAS, an application for Design Review 24- 0026 to allow for this use has been duly filed by:

Project Applicant:

Property Owner:

Project Location:

APN Information:

Vernell Williams, KB Home Coastal
36310 Inland Valley Drive #300
Wildomar, CA 92595- 7594
KB Home Coastal
36310 Inland Valley Drive #300
Wildomar, CA 92595-7594
North of Gilman Street and West of Wyte Way, and
within the Low Density Residential ( LOR) zoning
district
APNs 535- 070- 014; 535- 110- 002; 535- 110- 006; 535-
110- 011; 535- 110- 012; 535- 311- 006 Through 023;
and 535- 312- 001 Through 024; and
WHEREAS, the Planning Commission is authorized under Chapter 17. 56 of the Banning Municipal Code (" BMC") to approve proposed Design Review 24- 0026, to allow for the construction and operation of a structural steel manufacturing facility on a vacant industrial site located at 1750 West Westward Avenue within the Industrial ( I) zoning district ( the " Project"); and
WHEREAS, the Community Development Department has evaluated the project' s potential effects on the environment as required under the California Environmental Quality Act (" CEQA") and determined that the project is in compliance with a previously adopted Mitigated Negative Declaration for TM 33540 and pursuant to CEQA Statutes Section 15162 ( Subsequent EIRs and Negative declarations), no further environmental action is required; and
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WHEREAS, on March 22, 2024, the City gave public notice by advertising in the Record Gazette, a newspaper of general circulation within the City of Banning, and by mailing notices to property owners within 300-feet of the Project, of the holding of a public hearing at which the Project would be considered; and WHEREAS, on April 3, 2024, the Planning Commission held the noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, proposed Design Review 24-0026.

NOW THEREFORE, the Planning Commission of the City of Banning does hereby find and determine as follows:

SECTION 1:

A. CEQA. Planning Division staff has determined that the Project complies with a previously adopted Mitigated Negative Declaration for TM 33540 and pursuant to the California Environmental Quality Act and CEQA Guidelines Section 15162 {Subsequent EIRs and Negative declarations), no further environmental action is required.

8. Multiple Species Habitat Conservation Plan ( MSHCP). The Project is not subject to MSHCP as the Project is located outside of any MSHCP criteria area and mitigation is satisfied by payment of the required MSHCP Mitigation Fee.

SECTION 2: Design Review Findings
Section 17. 56. 050 of the City of Banning Zoning Ordinance requires that Design Review applications meet certain findings prior to the approval by the Planning Commission.

The following findings are provided in support of the approval of Design Review 24- 0026:

Finding No. 1:

Findings of Fact:

The proposed project is consistent with the General Plan.

Proposed Design Review 24-0026 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 designation is Low Density Residential { LOR) on the General Plan Land Use Map and LOR Zoning District. The proposed use is consistent with the LOR land use designation, which allows singlefamily detached residential units. Examples of permitted uses include attached and detached residential, parks, passive open space, and infrastructure necessary to serve the primary use.

Further, Design Review 24- 0026 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." The addition of 143 442
single-family homes will increase housing opportunities in a market with low supply. Attracting new Banning citizens increases the City' s supply of workforce housing and increases the City' s median household income.

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.

Findings of Fact: The Low Density Residential { LOR) { 0-5 du/ acre) zoning district allows the development of attached and detached single family homes, in traditional subdivisions and planned communities. The proposed project is consistent with the intent of the land use designation as the development involves detached single- family homes within a legally formed residential subdivision. Further, the Project is consistent with Section 17.30.030 ( Residential Development Standards) of the LOR zone and subject to the attached Conditions of Approval.

Finding No. 3: The design and layout of the 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.

Findings of Fact: The Project will provide site and circulation layout design in such a way that the project will not interfere with the use and enjoyment of surrounding existing and future development. Additionally, the Project is consistent with Section 17. 12. 150 ( Architectural Design Guidelines} of the Zoning Ordinance and the development standards of the LOR zone. The City Engineer has determined that the recorded subdivision of land is in conformity with law and subdivisions code; and, that all the lots will have adequate access to public streets, sanitary sewer lines, water mains, fire hydrants, drainage structures and utilities.

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

Findings of Fact: The Project will not impair the integrity and character of the LOR land use district in which it is to be located because the site is located within the same zoning district as surrounding property and the proposed homes are similar in massing and design as the existing built environment. The Project will continue to flow with the existing roadway system and will not create any barriers that will divide the neighborhood. The building architecture, site layout, and public improvements are compatible with the character of the surrounding neighborhood and Zoning Ordinance design guidelines and will be compatible with the existing surrounding built environment.
443
SECTION 3: PLANNING COMMISSION ACTION.

Based on the foregoing, the Planning Commission of the City of Banning hereby approves Design Review 24-0026, consistent with the recommended Conditions of Approval attached hereto as Exhibit " A".

PASSED, APPROVED, AND ADOPTED this 3
rd day of April 2024.

APPROVED AS TO FORM
AND LEGAL CONTENT:

ATTEST :
we r, Assistant City Attorney
Watson & Gershon
WK! CkldPIOYV
Sandra Calderon, Recording Secretary
City of Banning, California
Ri ~
Banning Planning Commission
444
CERTIFICATION:

I, Sandra Calderon, Recording Secretary of the Planning Commission of the City of Banning, California, do hereby certify that the foregoing Resolution 2024- 06, was duly adopted by the Planning Commission of the City of Banning, California, at a regular meeting thereof held on the 3rd day ofApril 2024, by the following vote, to wit:

AYES: Kinzie, Hawver, Krick, Lopez, Miller, Wilcox
NOES: None
ABSENT: None
ABSTAIN: None
i(L,MN,l (b.ld.eA IJ{I.J
Sandra Calderon, Recording Secretary
City of Banning, California
445
City of Banning
Community Development Department
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: General Requirements

1. The establishment of a dental facility permitted under Design Review 24-0026 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 PROJECT #: Design Review No. 24-0026
SUBJECT:

Conditions of Approval
Planning Commission Resolution No. 2024- 06)
APPLICANT: Vernell Williams, KB Home Coastal
LOCATION:

North of Gilman Street and West of Wyte Way, and within the Low Density Residential ( LDR) Zoning District (APNs 535-070-014; 535-110- 002; 535-110-006; 535-110-011; 535-110-012; 535-311-006 Through 023; and 535-312-001 Through 024)
446
Conditions of Approval
DR 24-0026

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.

3. The issuance of these Conditions of Approval does not negate the requirements of the Engineering/ Public Works Department or submittal, review, and approval of:

Street improvement plans, signing and striping plans, grading plans, storm drain improvement plans, street lighting plans, water, sewer, and electrical improvement plans, or other plans as deemed necessary by the City Engineer.

4. Approval of Design Review No. 24-0026shall be for a period of two (2) years from the date of Planning Commission approval. The applicant shall commence substantial construction within two ( 2) years from the date of this approval, or the Design Review shall become null and void. Additionally, if after commencement of operations are discontinued for a period of one ( 1) calendar year ( 365 days), the Design Review shall become also 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 Title 17 of the Banning Municipal Code.

5. A copy of the signed resolution of approval or Community Development Director' s letter of approval and all conditions of approval and any applicable mitigation measures shall be reproduced in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for review and approval as required by the reviewing department.

6. The design of all lots shall meet the minimum property development requirements contained in the City’ s Zoning Ordinance for the Low- Density Residential Zoning District.

7. Six- foot high decorative block walls with a decorative stone cap, decorative wrought iron or durable tubular steel fencing, or combination thereof approved by the Community Development Director, shall be constructed at the perimeter and neighborhood entries of the subdivision. Decorative fence and wall plans, and elevations shall be submitted to Planning Department for review and approval under separate permit.

8. Interior lot fencing shall be made of durable vinyl fencing or other material approved by the Community Development Director.

9. Prior to the issuance of any building permits, typical building elevations shall be submitted to the Planning Department for design review and approval, in accordance with the provisions and requirements of Article 16E of the Banning 447
Conditions of Approval
DR 24-0026

Ordinance Code, and shall substantially conform to the approved Design Review 24-0026 on file with the Planning Department.

10.The following building setback lines shall be delineated on the composite development plan submitted for building permits:
a. Front yard - Minimum 20 feet.
b. Side yard ( interior lot) - Minimum 10 feet ( single- story: measured between the furthest projection of the eave to the property line). c. Side yard (corner lot - street side) – Minimum 15 feet. d. Side yard ( corner lot – abutting interior lot) - Minimum 10 feet( measured between the furthest projection of the eave to the property line) e. Rear yard – minimum 15 feet.

11.The developer shall contact the U.S. postal Service to determine the appropriate type and location of mailboxes.

12.The applicant shall install slate, concrete, tile, clay tile, or equal roofing material approved by the Planning Department on all units within the subject property.

13.A trailer, used as an office by the property owner or his designee, may be permitted on the site during construction for a period not to exceed six ( 6) months. Prior to issuance of a building permit for any residential unit, said trailer shall be subject to a Land Use Permit reviewed and approved by the Planning Department.

14.Prior to the issuance of any Building Permits, the project proponent shall submit to the City’ s Planning Department for review and approval: ( 1) three ( 3) copies of a drought-tolerant landscape plan and irrigation plans prepared by a licensed landscape architect. Said plan shall also depict the proposed placement and materials for a 6-foot high decorative walls throughout the subdivision. The drought- tolerant landscape plan shall include the following:

A. The location, type, size, and quantity of vegetation to be installed, and a date by which the landscaping shall be completed.

B. Required drought- tolerant slope planting: Slope planting shall be required for the surface of all cut slopes of three ( 3) feet or greater in height and fill slopes more than two ( 2) feet in height. Said slopes shall be protected against damage from erosion by providing jute netting and planting with ground cover plants or grass, except that grass will not exceed 25% of the total planting area on the slope face.
448
Conditions of Approval
DR 24-0026

1. All slopes exceeding three ( 3) feet in vertical height shall also be planted with shrubs, spaced at distances not to exceed five ( 5) feet on center; or trees spaced at distances not to exceed ten ( 10) feet on center; or a combination of shrubs and trees.

2. Slopes exceeding five ( 5) feet in vertical height shall be planted with a combination of drought- tolerant trees, shrubs, and groundcover.

3. Drought- tolerant slope planting as required by B (1) and ( 2), above, shall consist of the following sizes and quantities:
a. Trees: 40% — 24- inch box; 25% — 15-gallon; 25% - five gallon; 10% - one gallon.
b. Shrubs: 40% — 10 gallon; 40% — five gallon; 20%— one gallon. c. Groundcover: 100% coverage from flats planted 10-inch on- center.

4. All trees that are to be planted shall have a deep root barrier installed.

5. The approved landscape plan shall be installed prior to the issuance of a Certificate of Occupancy for any single-family residence to be constructed within the subdivision.

The Plan shall be forwarded to a Landscape Architect for review and the applicant shall pay all fees associated with the review process. The approved landscape plan shall be implemented/ installed prior to the issuance of a Certificate of Occupancy for any single- family residence constructed within TM 33540. ( Submit landscape and irrigation plans as soon as possible to allow sufficient time for a Landscape Architect to review same).

15. Prior to the issuance of a Certificate of Occupancy for any single- family residence constructed within the Project site, as shown on the approved plans, the applicant shall submit to the City for review and approval three ( 3) copies of a detailed landscape and irrigation plan ( comprised of xeriscape plant material) indicating type, species and location of the following minimum number of drought tolerant, multi- branched trees on each lot adjacent to the street right- of-way ( all trees shall be planted with root barriers):

Interior lot - 2 trees; one 24” box, one 15-gallon
Corner lot - 3 trees; two 24” box and one 15-gallon.

The Plan shall be forwarded to a Landscape Architect for review and the applicant shall pay all fees associated with the review process. 449
Conditions of Approval
DR 24-0026

The approved landscape plan shall be implemented / installed prior to the issuance of a Certificate of Occupancy for any single- family residence constructed within as shown on the approved plans. ( Submit landscape and irrigation plans as soon as possible to allow sufficient time for a Landscape Architect to review same).

16. A chain link fence, minimum of six-( 6) feet high, must be maintained around the perimeter of the site during all phases of construction.

17.During all construction activities, the permittee shall provide video surveillance of all sensitive outside and inside areas of the facility with a system camera resolution of 1280 x 720 pixels; shall be transmission control protocol capable of being accessed through the internet; shall provide sound; shall record 24 hours per day at 15 frames per second; and shall have a storage capacity of 90 days.

18.Developer shall meet all requirements of responsible agencies, including but not limited to: Southern California Gas Company, and Southern California Edison Company.

19. Any/ All required mitigation measures required under the original approval for Final Tract Map 33540 that are incomplete or unresolved shall apply to this Design Review and shall be fulfilled prior to occupancy.

Public Works Department
Precise Grading and Public Improvements

20.All Public Works/Engineering conditions of approval for Final Tract Map 33540 shall be in effect, enforceable, and applicable to Design Review 24-0026.

Banning Electric Utility

21. The City of Banning Electric Utility (“ Utility”) will require adequate easements needed to service the project.

22. 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.

23. Streetlight infrastructure, which may include a metered pedestal, is to be installed by the developer and are assumed to be publicly owned and maintained by the Utility.
450
Conditions of Approval
DR 24-0026

24. Prior to constructing the Utility’ 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 the Utility. It will also be required that the developer follow the Electric Utility Maps & Records requirement ( per attachment).

This will allow the utility to assist with the completion of a distribution plan and provide a cost estimate to service the project. Design conditions and requirements to serve the project with electricity shall be discussed and reviewed following necessary approval( s) for Tract No. 33540.

25.The Developer shall execute one or more line extension agreements with the Utility providing for the installation, construction, improvement, and dedication of the utility system following approval of tentative tract map.

26. 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.

27.Applicant shall complete and return an Electric Utility General Development Service Requirements form, and complete and return a New Service Questionnaire to the Utility.

Fire

28. With respect to the planning conditions for the referenced project, the fire department requires the following fire protection measures be provided in accordance with Riverside County Ordinances, the current edition of California Fire Code ( CFC) as adopted and amended by the County of Riverside and/ or recognized fire protection standards. These conditions are preliminary and further review will be conducted upon receipt of additional entitlement and/ or construction submittals. Additional requirements may be required based upon the adopted codes at the time of submittal.

29. Fire Protection Water Supplies/ Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B. Prior to building permit issuance for new construction, the applicant shall provide documentation to the Fire Department 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. 451
Conditions of Approval
DR 24-0026

Reference CFC as amended. a. Will Serve Letters from the responsible water purveyor are required prior to a map recordation.

30.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 the CFC Appendix C. Fire hydrants shall be located no more than 600 feet from all portions of the exterior of the building along an approved route from a fire apparatus access road. Where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along streets for transportation hazards. The size and number of outlets required for the approved fire hydrants are 4 x 2 . Final fire hydrant locations shall be determined during the fire water plan review. Reference CFC as amended.

31. Tract Water Plans - If fire hydrants are required to be installed, applicant/ developer shall furnish the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Reference CFC as amended.

32. Fire Department Access - Fire apparatus access roads shall be provided within 300 feet of all exterior portions of buildings, unless otherwise approved by the Fire Department. Fire apparatus access roads shall have an unobstructed width of no less than 24 feet. Dead- end fire apparatus access roads exceeding 150 feet shall provide an approved turn around. 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. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/ departure.

Reference CFC as amended and Riverside County Fire Department Policies and Standards. a. Fire Lane marking: Identification and markingof fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.
452
Conditions of Approval
DR 24-0026

33. Fire Department Access Turn Around On- parcel dead- end fire apparatus access roads exceeding 150 feet in length shall provide a bulb turnaround at the terminus measuring a minimum of 38 feet outside radius and 14 feet inside radius. Parallel parking around the perimeter of the bulb is acceptable, provided the bulb outside turning radius is increased by 8 feet. In-lieu of a bulb, a hammer- head type turnaround is acceptable where the top of the T dimension is 120 feet with the stem in the center. Additional turnaround designs may be acceptable as approved by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.

34.Fire and Life Safety Requirements - Final fire and life safety conditions will be addressed when the Fire Department reviews any subsequent submittals. These conditions will be based on California Fire Code (CFC), California Building Code CBC), and related codes/standards adopted and amended at the time of construction plan submittal.

35.Secondary Access Unless otherwise approved by the Fire Department, dead end fire apparatus access roads shall not exceed 1,320 feet. Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as otherwise approved by the Fire Department. Secondary egress/access fire apparatus access roads shall be as remote as practical from the primary fire apparatus access road to reduce the possibility that both routes will be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.

36. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two- family dwellings per the California Residential Code ( CRC). Plans must be submitted to the Office of the Fire Marshal for review and be approved prior to installation. Reference CRC.

37. Phased Construction Access and Water Supply: If construction is phased, an approved phasing plan shall be approved by the Fire Department. Each phase shall provide approved access and water supply for fire protection prior to any construction. Reference CFC as amended.
453
Conditions of Approval
DR 24-0026

38. Traffic Calming Devices - Requests for installation of traffic calming designs/ devices on fire apparatus access roads shall be submitted and approved by the Fire Code Official. Reference CFC as amended.

END***
454
PARCEL: 535- 070- 014
APPLICANT: Banuelos, Veronica
241 Lupine st
Hemet, CA 92543
9517951373
OWNER: KB HOME COASTAL INC
36310 INLAND VALLEY DR # 300
WILDOMAR, CA 92595- 7594
FEES: Paid Due
Environmental Assessment - ND
or MND
8,505.00 $ 0.00
Design Review $ 6,093.00 $ 0.00
00Totals : 0.

I hereby certify that I have read and examined this application and know the same to be true and correct.

All provisions of Laws and Ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state/ local law regulating construction or the performance of construction.

Issued By: _______________________________________
Contractor or Authorized Agent: _________________________________________ Date: _______________ 14,598.00
PLN 24-0026 DESIGN REVIEW ( DR)
ISSUED:

EXPIRES: 09/08/2024
PROJECT NAME: VISTA ROBLES
SITE ADDRESS: 1651 W GILMAN ST BANNING

Printed by : Adam Rush on: 03/ 28/ 2024 06: 03 PM
City of Banning, CA
99 E Ramsey Street
Banning, CA 92220
http://banning. ca.us/64/Planning
scalderon@banningca. gov
Planning Division
455
OPEN
147148
SPACE
BASIN
151

PRIVATE PARK

PER LANDSCAPE PLAN
1 2
9 10
11 13
14 57
596061
71 91
3 4
5 6
7 8
12 15
16 17
18 19
20 5051525354555658
64 65
66 62
63 67
68 69
70 72
73 74
75 76
77 78
79 80
81 82
83 84
88 89
90 CIVILENGINEEROWNER/ DEVELOPER

SOILS ENGINEER

CITY OF BANNING

VICINITY MAP
SITE

UTILITIES

SITE ADDRESS

SCHOOL DISTRICT

LAND USE

LEGAL DESCRIPTION

SETBACK REQUIREMENTS
M
A
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
2 TYPICAL MINIMUM LOT SETBACKS
LEGEND
XX

COUNTY OF RIVERSIDE

VISTA ROBLES
TRACT NO. 33540

SITE PLAN OF DEVELOPMENT
A.P.N.
3 SITE PLAN OF DEVELOPMENT

VISTA ROBLES
TRACT 33540

BANNING, CA

COUNTY OF RIVERSIDE

TITLE SHEET/ SITE PLAN
1 SHEET INDEX

HOUSE PLAN LEGEND
TRACT 33540 HOUSE PLANS
456
144
150PR
IV
A
TE
P
A
R
K
149

PRIVATE PARK
151

PRIVATE PARK
145

OPEN SPACE
PE
R
LA
N
D
S
C
A
P
E
P
LA
N

PER LANDSCAPE PLAN
25 26
27 29
33 3640
91 115 120
121
122
123
124
125
126
127
128
129130
131
132
133
134
135136137
138
139
140
141
142
143
20 21
22 23
24 28
30 31
32 34
35 37383941424344454647484950
81 82
83 84 85
86 87
88 89
90 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
116
117 118
119
145

OPEN SPACE
144
BASIN
145

OPEN SPACE
146

OPEN SPACE
3 SITE PLAN OF DEVELOPMENT

VISTA ROBLES
TRACT 33540

BANNING, CA

COUNTY OF RIVERSIDE
M
A
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
1 LEGEND
XX

HOUSE PLAN LEGEND

SITE PLAN
2 457
3 SITE PLAN OF DEVELOPMENT

VISTA ROBLES
TRACT 33540

BANNING, CA

COUNTY OF RIVERSIDE
PLAN 6 - 3118 SF
PLAN 1 - 1851 SF
PLAN 2 - 2079 SF
PLAN 3 - 2379 SF
PLAN 4- 2533 SF
PLAN 5 - 2874 SF

ARCHITECTURAL PLAN
A

MAILBOX KIOSK DESIGN
B C

PLAN TABLES
3 458
ST17TH16TH
ST

PASEODELSOL
12THST19TH
ST
18TH
ST
VIA

PANORAMA
SIMS
ST

STARGAZE WAY
GILMAN
ST

WILSON ST WILSON ST

HOFFER ST

GILMAN ST GILMAN ST

SUNDOWN
DR

INDIAN SCHOOL LN

WILSON ST
4TH
ST

MOONBEAM DR

SUNSHINE
DR

KING ST

SUNBEAM
DR

ROOSEVELT RD

SUNNYBROOK DR

SUNKIST
DR
4THPL

JENNIFER
WAY

ALTURAPL
LUNAR
LN

SUN GLOW DR
11TH
ST

VICTORST

THEODORE ST

ROOSEVELT RD
8TH
ST

HALFMOON
CT

STARLIGHT
CT

SILVER STAR DR

RIPLEYWAY

BENNETT
PL
5TH
ST

HIBISCUSCT
GILMAN
HOME

CHANNEL

CHRISTIE ST

SUNBIRD
DR

SUNFLOWER
DR
7TH

ST STHARVEST
6TH
MOON
LN

PENDLETON RD

KING ST
WYTE
WAY
LINDA
VISTA
DR

PROJECTLOCATION
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community PROJECT LOCATION: TR 33540 – GenerallylocatednorthofGilmanStreetandWestofWyteWay ZONE: Low Density Residential ( LDR)

CITY OF BANNING
µ0 200 400 600
Feet

AERIAL BASE MAP
3/20/ 2024
PROJECT NUMBER: DR 24-0026
459
16TH
ST
17TH
ST

PASEODELSOL
12THST19TH
ST
18TH
ST
VIA

PANORAMA
SIMS
ST

STARGAZE WAY
GILMAN
ST

WILSON ST WILSON ST

HOFFER ST

GILMAN ST GILMAN ST
UNDOWN
DR

INDIAN SCHOOL LN

WILSON ST
4TH
ST

MOONBEAM DR
HINE
DR

KING ST

SUNBEAM
DR

ROOSEVELT RD

SUNNYBROOK DR

SUNKIST
DR
4THPL

JENNIFER
WAY

ALTURAPL
LUNAR
LN

SUN GLOW DR
11TH
ST

VICTORST

THEODORE ST

ROOSEVELT RD
8TH
ST

HALFMOON
CT

STARLIGHT
CT

SILVER STAR DR

RIPLEYWAY
ENNETT
PL

ECLIPSE
DR
5TH
ST

HIBISCUSCT
GILMAN
HOME

CHANNEL

CHRISTIE ST

SUNBIRD
DR

NFLOWER
DR
7TH

ST STHARVEST
6TH
MOON
LN

PENDLETON RD

KING ST
WYTE
WAY
LINDA
VISTA
DR

PROJECTLOCATION
Smith
Creek
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community PRONECT LOCATON: TR 33540 – GenerallylocatednorthofGilmanStreetandWestofWyteWay ZONE: Low Density Residential ( LDR)

CITY OF BANNING
µ0 200 400 600
Feet

DEVELOPMENT OPPORTUNITIES
3/20/ 2024
PROJECT NUMBER: DR 24-0026
Legend
Fire Hazard Severity Zones - Very High
California Geological Su rveyLiquefactionHazardZone
California Dep t. of ConservationEarthquakeFaultZones
FEM A 0.2 % (500-Year) A
nnualChanceFloodHazard
USGS Blue Line Strea ms
Bann ing Airport Influe nce Area
460
ST17TH16TH
ST

PASEODELSOL
12THST19TH
ST
18TH
ST
VIA

PANORAMA
SIMS
ST

STARGAZE WAY
GILMAN
ST

WILSON ST WILSON ST

HOFFER ST

GILMAN ST GILMAN ST
UNDOWN
DR

INDIAN SCHOOL LN

WILSON ST
4TH
ST

MOONBEAM DR
HINE
DR

KING ST

SUNBEAM
DR

ROOSEVELT RD

SUNNYBROOK DR

SUNKIST
DR
4THPL

JENNIFER
WAY

ALTURAPL
LUNAR
LN

SUN GLOW DR
11TH
ST

VICTORST

THEODORE ST

ROOSEVELT RD
8TH
ST

HALFMOON
CT

STARLIGHT
CT

SILVER STAR DR

RIPLEYWAY
ENNETT
PL
5TH
ST

HIBISCUS
CT
GILMAN
HOME

CHANNEL

CHRISTIE ST
UNBIRD
DR

NFLOWER
DR
7TH

ST STHARVEST
6TH
MOON
LN

PENDLETON RD

KING ST
WYTE
WAY
LINDA
VISTA
DR

PROJECTLOCATION
1651
435
99 1560
1511
1322 1245
11921268
1289
1118
1224
1078 878 858
992
902
1133
584 546
513
498
432
757
1257573
1901
287
13261324
1353
301
340
145
168
161150
195
273
200
746
746 620
691
1133
958
933
982
854
291 133
1518 1366
905
11761244
1057 925
859
994 924 900
1490 1193 1177
1140
11411163
1120 970
880
1400
1075 907
1056
1054 1014
959 958
858
519
885903
940
375
970 926 882
923
648
1034 1012
940
96799110551079
606
440
581603
624 604 558
619
714
642 582 518
1323
6011356
1925
2021
2301
948
925
239
351
943
992
1119
344
431487690
672
1486
1999
425
13711343
1321
1350
1370
1320
151
1361
1325
1260 1226 1120
1117
529
5301286
1267
7371246
295
200
1281
1376
1296
1373
265
338
341
344
179
168
946
1001
961955
901
1184
1224
1245 1225
1142
969 949
885
1032
1036
1177 1157
1366 1176
1035
1029
1016 938
860
1033
153
172
624
681715
11386661172
652
539
500
884
831
931
295
1224
391
1175
857881
178
1475
1498
491
1066
569721 451
858
771
982
485
875
466
881
920
484
1166
1135
10611051
893
319
947
477
448
661
1157
958
667
855
885
909
575 555
626
526 508
538
729
490
1224
1444
873
1288
1575
1313
12251246
1139
5011268
315
1195
1099
1055
1166
1070
1119
934
916
467
584
887
904
502
395
370
190 174
12441266
717
1368
1396
1424
397
1256
1246
1224
826
873
1119
1338 1316 1192 1156 1140
1031
1061
968
1074 950
720 694
489775
716 682 430 1076
607
932
908
1101
10371017
884
864
1267
1291
1165
651
590
5931034
471
1197
1267
1291
1496
385 295 243
878
915
155
908
882
433
963
943
923 910916
535
430
1492
14729681505
10421045
983
971
860 975
9039391015
566
539559
4661446
982
859
909
693 619 589
897 893
962
526
1343
1443
1424
1321
1018
1468
1367
1047
1119
1100
158
1087
1040
986
968
231
1481
1391
1421
1368
1033
1194
746
609
1291
1255
1377
1297
345
22542314
1346
945 924
977
899
871
946
988
933
956
876 873
932 929
911
2293
21562184
976
916
2233
10652148
1082
1218
9761005
1025
1381
148
625
755
530
743
885
1467
1491
11141098
2294
983
501
378
365
345
390
1367
13961391
1421
862 865893
2340
872
949
930 931
980
874
2122
923
936 933
953
978
952
934
914
1393
921
1029
1461
963
2273 2253
213310931117
996
1130
906
851881
345
906
339
981
889
2144
2213 2193 2173
101122002262
1058
417
1266
1301
973
869
909
2078
2333 2309
2302
1176
913
979
1289 1269
1204 1162
1267 1193
1164
1288 1266 1244
910
870 871
2186
1009 22222282 1094
10139931058 1083
928
1080
1321
1446
1324
1343
1443
484
1493
637
658
575
1346 341
344
14011409
923
1398
852
878
1068
945
1061 1044
190
745
481
932
908
884
959
983
933 932
344
1161
1135
1007
1158
2234
912
951
971
991 1002
854
2164
983
2147
1118
1008
968
2242
1148
1030
1221
1243
1467
1491
1296
1268
1221
1243
1421
888
1423
22742374821
994
950 954
2036
1039
2345
1143
1035
1012
712
671
753
775
712 711
776
672
693
711
732
712
775
711711
776
754
672
689
652
731
671
753
776
754
672
693 694
731
694
754
665
775
694
735
757
2200
776
672
711
776
672
753
712 712
779
701
754
694
754
694
671
731
671
731
779
671
737 732 732
693
1580
15031545
67515201335
775 774 770
6571550
778
1522
1364
693
775
732
714
680
657
731
779
713
934
732
700
660
679
714
69714551421
1462
1330
684
753
732
1575
1102 958 752
719
756
734 688
510
336637749
65062412451213
755 754
710
910
6806581441
712
717
740 488
470
1310
740
697
731 730 671
782
638
745
516680
750282740
670 670
580
732
757730678
720
750
701
541
380 360
710645
654690
1554740 1210
1250
1405
731 730
741
698
741
619
754
566
661
448
314
1525
732
1398 12901430
651
709
660
1000
679
634
689735
714
754
513674Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community PROJECT LOCATION: TR 33540 – GenerallylocatednorthofGilmanStreetandWestofWyteWay ZONE: Low Density Residential ( LDR)

CITY OF BANNING
µ0 200 400 600
Feet

PROJECT VICINITY
3/20/2024
PROJECT NUMBER: DR 24-0026
461
ST17TH16TH
ST

PASEODELSOL
12THST19TH
ST
18TH
ST
VIA

PANORAMA
SIMS
ST

STARGAZE WAY
GILMAN
ST

WILSON ST WILSON ST

HOFFER ST

GILMAN ST GILMAN ST
UNDOWN
DR

INDIAN SCHOOL LN

WILSON ST
4TH
ST

MOONBEAM DR
SHINE
DR

KING ST

SUNBEAM
DR

ROOSEVELT RD

SUNNYBROOK DR

SUNKIST
DR
4THPL

JENNIFER
WAY

ALTURAPL
LUNAR
LN

SUN GLOW DR
11TH
ST

VICTORST

THEODORE ST

ROOSEVELT RD
8TH
ST

HALFMOON
CT

STARLIGHT
CT

SILVER STAR DR

RIPLEYWAY
ENNETT
PL
5TH
ST

HIBISCUS
CT
GILMAN
HOME

CHANNEL

CHRISTIE ST

SUNBIRD
DR

NFLOWER
DR
7TH

ST STHARVEST
6TH
MOON
LN

PENDLETON RD

KING ST
WYTE
WAY
LINDA
VISTA
DR
PublicFacilitiesSchool
MobileHomeParks
OpenSpaceParks
MediumDensityResidential(
0-10 du/ac)
Ranch/AgricultureHillside(
10 ac min.)
Open SpaceParks
VeryLowDensityResidential(
0-2 du/ac)
LowDensityResidential(
0-5 du/ac)
Ranch/AgricultureHillside(
10 ac min.) PROJECTLOCATION
LEGEND
Genera l Plan/ Zoning
Ranch/Agriculture - Hillside (10 ac min.)
Very Low Density Residential ( 0-2 du/ac)
Low Density Residential ( 0-5 du/ac)
Medium Density Residential ( 0-10 du/ac)
Mobile Home Parks
Public Facilities - School
Open Space - Parks
PROJECT LOCATION: TR 33540 – GenerallylocatednorthofGilmanStreetandWestofWyteWay ZONE: Low Density Residential ( LDR)

CITY OF BANNING
µ0 200 400 600
Feet

GENERAL PLAN/ ZONING
3/20/ 2024
PROJECT NUMBER: DR 24-0026
462
SCHEME2SCHEME1
SCHEME 4
SCHEME 7
SCHEME 5
SCHEME 8
SCHEME 6
SCHEME 9
SCHEME 3
ROOFBARCELONA La Terra Blend
1 BCCS 6031
ROOFSHAKE CharcoalBlend1FBCJ1430
ROOFSLATEEbony1FACS5047
ROOFBARCELONA California MissionBlend1BCCS6464
ROOF
SHAKEToffee1FBCJ0007
ROOFSLATE Charcoal BrownBlend1FACS1132
ROOFBARCELONA CasaGrande1BCCS6969
ROOFSHAKE Charcoal
BrownBlend1FBCJ1132
ROOFSLATE Stone Mountain Blend
1 FACS 5354

STONEMOUNTAIN LEDGE
Bitteroot

BRICKBELGIAN BRICK
Bear Creek

STONEMOUNTAIN LEDGE
Shasta

BRICKSPECIAL USED
Eagle Buff
STONERUSTICLEDGESaratoga

BRICKSPECIAL USED
Rustic Blend
KB Home reserves the right to modify or discontinue any products, colors or styles at any time without prior notice. Displays of options, colors, textures, brick, stone, tile, shutters, roofing materials, siding, surfaces, stain and material combinations viewed on a sample color board may differ from the appearances of the options on homes when viewed in person. Please visit a KB Home model home community to view actual colors textures, materials, and combinations.

SPANISH ‘ A’ ELEVATIONS
CRAFTSMAN ‘ B’ ELEVATIONS
TRADITIONAL ‘ C’ ELEVATIONS
STUCCO
2057GreekVilla ( SW 7551)
STUCCO
2026WorldlyGray (SW 7043)
STUCCOKB1/ 4 420
Alabaster ( SW 7008)
STUCCO
1256PolarBear ( SW 7564)
STUCCO
1306Ramie ( SW 6156)
STUCCOxxxxSedateGray ( SW 6169)
STUCCOKB1204BittersweetStem (SW 7536)
STUCCOxxxxSilverStrand ( SW 7057)
STUCCO
xxxxRelaxedKhaki (SW 6149)

STUCCO HIGHLIGHT
Viaduct ( SW 9567)
SHAKEAnonymous ( SW 7046) SHAKEHighTea ( SW 6159) SHAKEUnusualGray (SW 7059) SIDINGArgos ( SW 7065)

STUCCO HIGHLIGHT
Outrigger ( SW 9517)
SIDINGFrostedFern ( SW 9648)

STUCCO HIGHLIGHT
Sugared Almond ( SW 9537)
SIDINGVirtualTaupe ( SW 7039)

GARAGEFACTORY TAUPE (
SW 7038)

GARAGEFACTORY TAUPE (
SW 7038)

GARAGEFACTORY WHITE (
SW 7656)

GARAGEFACTORY ALMOND (
SW 7572)

GARAGEFACTORY WHITE (
SW 7656)

GARAGEFACTORY ALMOND (
SW 7572)

GARAGEFACTORY BROWN (
SW 6006)

GARAGEFACTORY GRAY (
SW 7660)

GARAGEFACTORY WHITE (
SW 7656)

FRONT ENTRY / SHUTTERS
Succulent ( SW 9650)

FRONT ENTRY /
SHUTTERSRookwoodRed ( SW 2802)

FRONT ENTRY /
SHUTTERSSlateTile ( SW 7624)

FRONT ENTRY / SHUTTERS
Fiery Brown ( SW 6055)

FRONT ENTRY / SHUTTERS
Cracked Pepper ( SW 9580)

FRONT ENTRY / SHUTTERS
Cyberspace ( SW 7076)

FRONT ENTRY / SHUTTERS
Rain Cloud ( SW 9639)

FRONT ENTRY / SHUTTERS
Stargazer ( SW 9635)

FRONT ENTRY / SHUTTERS
Sage Green Light ( SW 2851)
CLAYPIPEAuroraBrown ( SW 2837) CLAYPIPEAuroraBrown ( SW 2837) CLAYPIPEAuroraBrown ( SW 2837) TRIM
Naturel ( SW 7542)

FASCIA / TRIM
Urbane Bronze ( SW 7048)

FASCIA /
TRIMExtraWhite ( SW 7006)
TRIM
Relaxed Khaki (SW 6149)

FASCIA /
TRIMWesthighlandWhite (
SW 7566)

FASCIA /
TRIMLotusPod ( SW 7572)
TRIMResortTan ( SW 7550)

FASCIA /
TRIMShellWhite ( SW 8917)

FASCIA /
TRIMOrigamiWhite ( SW 7636)
FASCIA
Griffin ( SW 7026)

GABLE END
Pewter Tankard ( SW 0023)
FASCIA
Downing Earth (SW 2820)
GABLEENDOliveGrove ( SW 7734)
FASCIASmokehouse ( SW 7040)
GABLEENDRetreat ( SW 6207)
Southern California / Inland Empire Division
Project #xxxxxxx
May 12, 2022
Vista Robles
DECOTILE20039Jaen SOLIDTILE20107CharcoalGreen DECOTILE20004Salamanca SOLIDTILE30617RedChestnut DECOTILE20068Almeria SOLIDTILE20106LightTeal 463
PLAN 1
464
PLAN 1
465
PLAN 1
466
PLAN 1
467
PLAN 1
468
PLAN 1
469
PLAN 1
470
PLAN 1
471
PLAN 1
472
PLAN 1
473
PLAN 1
474
PLAN 2
475
PLAN 2
476
PLAN 2
477
PLAN 2
478
PLAN 2
479
PLAN 2
480
PLAN 2
481
PLAN 2
482
PLAN 2
483
PLAN 2
484
PLAN 2
485
PLAN 3
486
PLAN 3
487
PLAN 3
488
PLAN 3
489
PLAN 3
490
PLAN 3
491
PLAN 3
492
PLAN 3
493
PLAN 3
494
PLAN 3
495
PLAN 3
496
PLAN 3
497
PLAN 4
498
PLAN 4
499
PLAN 4
500
PLAN 4
501
PLAN 4
502
PLAN 4
503
PLAN 4
504
PLAN 4
505
PLAN 4
506
PLAN 4
507
PLAN 4
508
PLAN 4
509
PLAN 5
510
PLAN 5
511
PLAN 5
512
PLAN 5
513
PLAN 5
514
PLAN 5
515
PLAN 5
516
PLAN 5
517
PLAN 5
518
PLAN 5
519
PLAN 5
520
PLAN 5
521

ELEVATION LEGEND
Elevation ' A' (Spanish Colonial)
1201
Elevation ( Craftsman)
PI
Fr -
1 - 77 777
Elevation ' C' (Traditional)

CONCRETE TILE ROOFING

CONCRETE FLAT TILE ROOFING

WOOD FASCIA BOARD
STUCCO FINISH ( 16/ 20 SAND)

STUCCO OVER FOAM TRIM

DECORATIVE STUCCO FINISH OVER

FOAM CORBELS' SHAPED FOAM TRIM

STUCCO COLUMN

VINYL WINDOW SYSTEM

COMPOSITE ENTRY DOOR

METAL SECTIONAL GARAGE DOOR

DECORATIVE SHUTTERS

DECORATIVE GABLE END DETAIL

COACH LIGHTS

GARAGE DOOR WINDOW PANEL

DECORATIVE CLAY PIPES

ADDRESS PLAQUE

DECORATIVE VENTS

STUCCO OVER FOAM POTSHELF

LAP SIDING

WOOD BRACE

WOOD POST

WOOD TRIM

WOOD POTSHELF

STONE VENEER

BRICK VENEER

BOARD AND BATTEN

SHAKE SIDING

DECORATIVE CERAMIC TILES
0 4
2 8
PLAN 6
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36310 Inland Valley Drive
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VISTA RUBLES
TRACT NO. 33540
237. 3118
JOB No. 425929
STORY:

Rev. March 18, 2024
BANNING, CA 522
37- 0" 37,- 0'

PRIMARY
BATH opt.
1I
door' I

00. 0
walk- in
closet
low
linen

PRIMARY

BEDROOM

BEDROOM
4 walk- in
clos- linen

BEDROOM
3 walk- in I
closet 1
I'
washer' dryer
space space
LAUND
BATH
2 BEDROOM
2 19'-1"
do
U

GAMEROOM /
OPT.

BEDROOM
6 L J
7'- 1"
37'- 0"
i
ref.
solace
pantry

GREAT ROOM
island
d/ w

KITCHEN
oven/
range
opt.
service'
door w/
stoop
1 GARAGE
opt.
double
door
DEN
storage
ENTRY
PORCH
up
n
FLEX
coats
BATH
3 BEDROOM
5 SQUARE FOOTAGE
PLAN 2373118
FIRST FLOOR AREA 1455 50 FT.
5E0000 FLOOR AREA 1696 5O. FT.

TOTAL AREA 3118 50. FT.

GARAGE AREA 425 50. FT.

PORCH AREA( 5) ELEVATION ' A' SO 5O. FT.

ELEVATION ' 5' 33 50. FT.

ELEVATION ' C' 59 50. FT.
6',. 4
19'-1"
37,- 0'
Second Floor Plan ' A' First Floor Plan ' A'
0 4
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VISTA ROBLES
TRACT NO. 33540
2 8
PLAN 6
237. 3118

BANNING, CA
JOB No. :

STORY:

Rev. March 19, 2024
425929
523

PRIMARY
BATH opt.
door
0 00.
walk- in
closet
low
linen
37- 0"

PRIMARY

BEDROOM

BEDROOM
4 walk- in
clos- linen

BEDROOM
3 walk- in I
closet
washer dryer
space space
LAUNDRY —
BATH
2 BEDROOM
2 do
U

GAMEROOM /
OPT.

BEDROOM
6 L
I

0.9"
A
opt.
double
door
Second Floor Plan ' B' First Floor Plan ' B'
O 4
E
2 8
PLAN 6
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36310 Inland Valley Drive
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BANNING, CA

VISTA ROBLES
TRACT NO. 33540
237. 3118
JOB No.: 425929
STORY:

Rev. March 18, 2024 524
37- 0" 37- 0"

PRIMARY
BATH opt.
door
0 00.
walk- in
closet
low
linen

PRIMARY

BEDROOM

BEDROOM
4 walk- in
clos linen

BEDROOM
3 walk- in I
closet
washer dryer
space space
LAUNDRY —
BATH
2 BEDROOM
2 do

GAMEROOM /
OPT.

BEDROOM
6 1
16' 4"
J
37' 0"
ref.
solace
pantry

GREAT ROOM
island
d/ w

KITCHEN
oven/
range
I, w/ h
opt. 1
service
door w/
stoop '
GARAGE
opt.
double
door
DEN
storage
ENTRY
PORCH
up
FLEX
20'- 0"
6'
coats
BATHQH3
0 BEDROOM
5 7'- 0"
37- 0"
Second Floor Plan ' C' First Floor Plan ' C'
O 4
E
2 8
PLAN 6
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BANNING, CA

VISTA ROBLES
TRACT NO. 33540
237. 3118
JOB No.: 425929
STORY:

Rev. March 18, 2024 525
H
B' Craftsman
3: 12
L 1-
A' Spanish Colonial
4: 12
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Roof Plans

VISTA ROBLES
TRACT NO. 33540
LJ
C' Traditional
4: 12 / 5: 12
4 16
PLAN 6
237. 3118
JOB No.: 425929
STORY:

Rev. March 10, 2024

BANNING, CA
526
Le. Elevation ' A' (Spans o ania
r- kik
r

ENGE LILE
TO F@NCE LIMY
Right Elevation ' A' (Spanish Colonial)
Front E evation ' A' (Spanis o
onial)
LF- Cr 111tH

L FEKCE LINE
Rear Elevation ' A' (Spanish Colonial)
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VISTA ROBLES
TRACT NO. 33540
0 4
2 8
PLAN 6
237. 3118
JOB No. : 425929
STORY:

Rev. March 1R. 2024
BANNING, CA 527
Enhanced Le ttElevation ' A' (Spanish Colonial)
r
Enhanced Right Elevation ' A' (Spanish Colonial)
NOTE'

DECORATIVE ELEMENTS ON SIDES AND REAR

ELEVATIONS WHICH INCLUDE WINDOW GRIDS &

WINDOW SHUTTERS DEPICTS ENHANCED

ELEVATION DETAILS TO BE SHOWN ON SIDES AND
REAR ELEVATIONS FACING MAIN HIGHWAY.

STREETS, OPEN AREAS AND ALLEYS
6' 0 Hl6N

UENCE LINE
Enhanced Condition
f
1 6'
4iHIGHLFEKCELINE
Enhanced Rear Elevation ' A' (Spanish Colonial)
0 4
2 8
PLAN 6
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VISTA ROBLES
TRACT NO. 33540
237. 3118
JOB No.: 423929 -
STORY:

Rev. March IR. 2024
BANNING, CA 528
6-0' HIGH
FENCE LINE I.

Le E evation ' B' (Gra man
7111 11111 11mr
NEW 9 0" HUSH

UENCE LINE

TO FENCE LINE
Front Elevation ' B' (Cra sman
iso
11 Right Elevation ' B' (Craftsman) Rear Elevation ' B" (Craftsman) a5,0' HIGH

FEHLE LINE
0 4
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VISTA ROBLES
TRACT NO. 33540
2 8
PLAN 6
2373118
JOB No.: 425929
STORY:

Rcv. March 15. 2024
BANNING, CA 529
NOTE'

DECORATIVE ELEMENTS ON SIDES AND REAR

ELEVATIONS WHICH INCLUDE WINDOW GRIDS &

WINDOW SHUTTERS DEPICTS ENHANCED
ELEVATION DETAILS TO 13E SHOWN ON SIDES AND

REAR ELEVATIONS FACING MAIN HIGHWAY,

STREETS, OPEN AREAS AND ALLEYS
16-.

TO FENCE LINE
EnEnhanced Left Elevation ' B' ra man)

6.0° WGH

UENCE LINE

TO FENCE LINE
Enhanced Right Elevation ' B' (Craftsman)
ogi
Enhanced Rear Elevation 1)3" (Craftsman)
0 4
2 8
PLAN 6
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VISTA ROBLES
TRACT NO. 33540
237. 31 18
SOB No.: 425929
STORY:

Rev. March 19, 2024
BANNING, CA 530
Le E evation'+ C' (Tra onal)
r
6'- 0' NGH
ENGE LaE
10•- 0•

TO FENCE LINE
Right Elevation " C" (Traditional)
1 84 HIGH

L FENCE LINE
Rear Elevation ' C' (Traditional)
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BANNING, CA

VISTA ROBLES
TRACT NO. 33540
0 4
OQ28
PLAN 6
2373118
5013 No.: 425929
STORY:

Rev. Much 1R. 2024
531
nI
II II 1
I
6'- 0' HIGH

FEMOELIN
I I
r
10- 0' 1TOFENCELEE
Enhance Left Elevation ' C' I (Tea Itionai)
Rol
NOTE"

DECORATIVE ELEMENTS ON SIDES AND REAR

ELEVATIONS WHICH INCLUDE WINDOW GRIDS &

WINDOW SHUTTERS DEPICTS ENHANCED

ELEVATION DETAILS TO BE SHOWN ON SIDES AND
REAR ELEVATIONS FACING MAIN HIGHWAY.

STREETS, OPEN AREAS AND ALLEYS
E- 0" HIGH

UENGE LINE

TO FENCE LINE
Enhanced Right Elevation ' C' (Traditional)
11 n •
LF-0' HIGH

L FENCE LINE
Enhanced Rear Elevation ' C' (Traditional)
O 4
2 8
PLAN 6
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36310 Inland Valley Drive
Wildmoar, CA 92599
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VISTA ROBLES
TRACT NO. 33540
237. 31 18
JOB No.: 425929
STORY:

Rcv. March 19. 2024

BANNING, CA
iiii
EINEM
532
LIJ
FENCE
KGH

FENCE LINE
Rear E eration ption
L
n
Rear Elevation " C" at Quad Door Option
4,0-103/ 1

FENCE LINE
NOTE'

DECORATIVE ELEMENTS ON SIDES AND REAR

ELEVATIONS WHICH INCLUDE WINDOW GRIDS &

WINDOW SHUTTERS DEPICTS ENHANCED

ELEVATION DETAILS TO BE SHOWN ON SIDES AND

REAR ELEVATIONS FACING MAIN HIGHWAY,

STREETS, OPEN AREAS AND ALLEYS
00 M1
7 ii
IV
n
INCH

FENCE LINE
Rear E evaton "B" at (quad Door tion

GREAT ROOM
Quad Door Option
0 4
2 8
PLAN 6
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VISTA ROBLES
TRACT NO. 33540
237. 3118
1015 N. 425929
STORY:

Rev. March 18, 2024
BANNING, CA 533
RESOLUTION 2018- 149

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

CALIFORNIA, APPROVING THE MODIFICATION AND PHASING OF
PREVIOUSLY APPROVED TENTATIVE TRACT MAP NO. 33540 AND
DESIGN REVIEW NO. 18- 7003. PREVIOUSLY APPROVED TO
SUBDIVIDE 65 ACRES INTO 172 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS, 1 FLOOD CONTROL BASIN AND 10 LETTERED LOTS FOR
STREETS. THE PROPOSED MODIFICATION IS TO REDUCE THE
LOTS TO 143 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS, 3 PRIVATE PARK LOTS, 2 FLOOD CONTROL LOTS AND 9 LETTERED LOTS FOR STREETS IN THE LOW DENSITY RESIDENTIAL ( LDR) DISTRICT.

THE PROPERTY IS LOCATED NORTH OF GILMAN STREET AND
WEST OF WYTE WAY WITHIN APNS 535- 070-14, 535- 110- 002, 006, 011, 012; 535- 311- 006 THROUGH 023; AND 535- 312- 001 THROUGH 024.

WHEREAS, on September 26, 2006, the City Council of Banning adopted Resolution 2006- 58adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for Tentative Tract Map 33540, to allow the subdivision of 65 acres into 172 single family residential lots and 3 open space lots within the Low Density Residential Land Use District generally located north of Gilman Street and west of Wyte Way; and WHEREAS, the applicant has submitted an application for a modification of Tentative Tract Map 33540, a Design Review approval, including phasing for the development of 143 single family residential lots on 65 acres within the Low Density Residential Land Use District. The proposed 7 phases include 21 residential lots, 2 detention basins, 3 open space lots and 1 Home Owners Association lot within Phase 1, 9 residential lots in Phase 2, 5 residential lots in Phase 3, 9 residential lots in Phase 4, 38 residential lot in Phase 5, 37 residential lots in Phase 6 and 24 residential lots in Phase 7. The application has been duly filed by:

Project Owner:

Project Applicant:

Project Location:

APN:

Lot Area:

Vintage Stone Eagle, LLC
Drew Wilson — Civil Design and Drafting, Inc.

North side of Gilman Street, west of Wyte Way
535- 070-14; 535- 110- 002, -006, -011, -012; 535- 311- 006 THROUGH -023, 029; 535- 312- 001 THROUGH -
024; 543- 150- 007 THROUGH 019
65 Acres
Resolution 2018- 149
534
WHEREAS, the modification of Tentative Tract Map 33540 and Design Review 16- 7003 are the subject of this Resolution;
WHEREAS, the Municipal Code allows for the subdivision of 65 acres into 143 single family residential lots ranging in size from 7, 000 square feet to 14, 000 square feet, subject to the approval of a Tentative Tract Map; and WHEREAS, on November 30, 2018 the City gave public notice as required under Government Code Section 66451. 3 by mailing notices to property owners and advertising in a newspaper of general circulation within the City of Banning of the holding of a public hearing at which the project would be considered; and WHEREAS, on December 11, 2018 the City Council held the noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Tentative Tract Map and at which the City Council considered the Tentative Tract Map; and
WHEREAS, in accordance with the requirements of the California Environmental Quality Act ( CEQA), staff analyzed Modifications and Phasing to Tentative Tract Map 33540 and Design Review 18- 7003 and determined that, pursuant to CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, a subsequent environmental document is not required.

NOW THEREFORE, the City Council of the City of Banning does resolve, determine, find, and order as follows:

SECTION 1. California Environmental Quality Act ( CEQA) The California Environmental Quality Act ( CEQA) Guidelines Sections 15162( a) and 15164( b) set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously adopted Negative Declaration for the project. CEQA Guidelines, Section 15162( a) and 15164( b) state that when a Negative Declaration has been adopted for a project, no subsequent Negative Declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole public record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

E Resolution 2018- 149
535

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous Negative Declaration; or
b. Significant effects previously examined will be substantially more severe than shown in the previously adopted Negative Declaration; or c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous Negative Declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

On September 26, 2006, the City Council adopted Resolution 2006- 58 adopted a Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with Public Resources Code Section 21152( a) and CEQA Guidelines Section 15063( b)( 2), for Tentative Tract Map 33540.

In accordance with the requirements of CEQA, the City Council considered the Modification and Phasing of Tentative Tract Map 33540 and Design Review 18- 7003 and has determined that, on the basis of substantial evidence in light of the whole public record and the criteria pursuant to CEQA Section 15062( a) and 15164( b), no factors listed in CEQA Guidelines Sections 15162( a) or 15164( b) have occurred. The basis of this determination is based on the fact the modifications have reduced the number of residential lots and increased the open space preservation and Design Review 18- 7003 had already been identified and addressed. The phasing of the proposed development does not result in any potential environmental impacts or substantial changes in the project. Therefore, no changes to the previously adopted Mitigated Negative Declaration and Mitigation Monitoring Program are necessary.

Pursuant to CEQA and the state CEQA Guidelines, City staff has considered the potential environmental impacts of the Modification and Phasing of Tentative Tract Map 33540 and Design Review 18- 7003 (the " Project"). City staff has also reviewed the MND and MMRP prepared for Tentative Tract Map 33540 and adopted by the City Council on September 26, 2006, including the impacts and mitigation measures identified therein. Based on that review, the City of Banning Planning Division has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of Resolution 2018- 149
536
substantial importance which shows that the Project will have significant effects not discussed in the prior adopted MND. All potential environmental impacts associated with Tentative Tract Map 33540 and Design Review 18- 7003 are adequately addressed by the prior MND, and the mitigation measures contained in the prior MND will reduce those impacts to a level that is less than significant. The City Council has independently reviewed City staff' determination, and based upon the whole record before it, City staff' determination, and its independent review and judgment, finds that that the Project, as designed, is not subject to further environmental review pursuant to the Guidelines because: ( 1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior MND; and ( 2) All potential environmental impacts associated with Tentative Tract Map 33540 and Design Review 18- 7003 are adequately addressed by the prior MND, and the mitigation measures contained in the prior MND will reduce those impacts to a level that is less than significant. The custodian of records for the prior MND, and all other materials that constitute the record of proceedings upon which the Planning Commission' srecommendation is based, is the Planning Division of the City Banning. Those documents are available for public review in the Planning Division located at 99 E. Ramsey Street, Banning, California 92220 Multiple Species Habitat Conservation Plan ( MSHCP).

The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee.

SECTION 2. REQUIRED FINDINGS
MAP ACT FINDINGS.

In accordance with Banning Municipal Code and Government Code § 66473. 1, § 66473. 5and § 66474, the City Council, in light of the whole record before it, including but not limited to the Planning Department' sstaff report and all documents incorporated by reference therein, the City' s
General Plan, Subdivision Ordinance, Zoning
Ordinance, standards for public streets and facilities, and the City' s Single Family Residential Design Guidelines and any other evidence within the record or provided at the public hearing of this matter, hereby finds and determines as follows:

1. Tentative Tract Map 33540 is consistent and compatible with the objectives, policies, general land uses, and programs specified the City' s General Plan in
that:

The General Plan land use designation for the site is Low Density Residential LDR" which allows project densities from 0 to 5 dwelling units per acre. The proposed Map will result in reduction from 173 single family residential dwelling Resolution 2018- 149
537
to the development of 143 single family residential dwelling units at a density of

2. units per acre. This density level within the range permitted under the General Plan land use designation for this site. One of the primary goals stated in the Land Use Element of the General Plan is that existing neighborhoods be preserved and enhanced ( Goal 1). The proposed Map serves to achieve this objective through the development of single family residential lots and supporting infrastructure while maintaining the City' s scenic and cultural resources for the enjoyment of existing and future residents. Specifically, the open space at the base of the slop/ ridge has been preserved as open space.

This area will be maintained in perpetuity by a Home Owners Association. The lots are expected to be used for detached single- family homes, a use allowed in the General Plan. Further the project serves to achieve Goal 1 of the General Plan Circulation Element, the development of a safe and efficient transportation system. Gilman Street, the primary access for the project, as well as all internal streets will meet the street designation depicted in the City' s General Plan ( local
streets). Further all streets have been reviewed by the Engineering/ Public Work' s Department to ensure proper design standards. Considering all of these aspects, the proposed Map furthers the objectives and policies of the General Plan and is compatible with the general land uses specific in the General Plan.

2. The design and improvement of the subdivision proposed under Tentative Tract Map 33540 is consistent with the City' sGeneral Plan in that:

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.

3. The site is physically suitable for the type of development proposed under Tentative Tract Map 33540, in that:

The site is generally rectangular in shape and slopes from the northwest to the south east, and consists of 65 acres. The site is not located within a flood plan.

The project is located within an Alquist Priolo special studies zone, seismic and geologic reports have been generated and a " no build zone has been established. No structures or residential lots are proposed for this zone.

4. The site is physically suitable for the density of development proposed under Tentative Tract Map 33540, in that:

The site is generally rectangular in shape, relatively flat, and slopes from the northwest to the southeast and consists of 65 acres. The subdivision designed has been reduced to accommodate the development of 143 ( e.g. single family residential dwelling) units considering the shape and topography of the site. The project as proposed has a density of 2. units per acre. According to the density Resolution 2018- 149
538
ranges provided in the Land Use Element of the City' s
General Plan for the Low
Density Residential ( LDR) land use designation and in the City' s Zoning Ordinance for the LDR zone, a density of 0- 5 units per acres is appropriate for a site of this size and configuration.

5. The design of the subdivision and improvements proposed under Tentative Tract Map 33540, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that:

A portion of the site contains a cemetery; the balance of the site is vacant with the exception of some remnant foundations from the previously occurring Indian School on the property. A biological assessment was conducted on the proposed project site. The study included records searches as well as surveys.

The general biological survey found that the majority of the habitat on the site consists of non-ative grasslands. The on -site survey identified 49 common species on the site. The northern edge of the site is foraging habitat for avian species and provides a corridor for wildlife, and will be preserved as open space.

A preliminary assessment for burrowing owl habitat was completed as required by the Riverside County Multi -Species Habitat Conservation Plan ( MSHCP). The site was found to contain suitable habitat for the species, however, no birds were observed. A mitigation measure has been included which requires a protocol survey for burrowing owl to be completed 30 -days prior to the issuance of grading permits. Should burrowing owls be located on site, a biologist shall submit recommendations for relocation of the animals to the Planning Department for review and approval. 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. This determination is based on the Biological Assessment conducted by Pacific Southwest in November 2004 and the City' s General Plan. 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.

6. The design of the subdivision and improvements proposed under Tentative Tract Map 33540, is not likely to cause serious public health problems in that:

The design of the subdivision is in conformance with the City' s General Plan,
Zoning Ordinance, and Subdivision Ordinance, the construction of all units 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 Storm water runoff management and controls. In addition, the design and construction of all improvements for the subdivision 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 the public health, safety and welfare. Finally, the proposed street system throughout the subdivision will improve emergency vehicular access and in the immediate neighborhood.

Resolution 2018- 149
539
7 The design of the subdivision and improvements proposed under Tentative Tract Map 33540, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that:

No easements of record or easements established by judgment 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 such easements.

8. The design of the subdivision proposed Tentative Tract Map 33540, adequately provides for future passive or natural heating and cooling opportunities in the subdivision in that:

Taking into consideration local climate and the existing contour and configuration of the site and its surroundings, the size and configuration of lots within the proposed subdivision have been arranged, to the greatest extent feasible, to permit orientation of structures in an east -west alignment for southern exposure, or to take advantage of natural shade, or to take advantage of prevailing breezes.

SECTION 3. REQUIRED FINDINGS:

REQUIRED FINDINGS FOR DESIGN REVIEW No. 18- 7003:

Section 17. 56. 050 of the City of Banning Zoning Ordinance requires that Design Review applications meet certain findings prior to the approval by the City Council. The following findings are provided in support of the approval of Design Review No. 18- 7003:

Finding No. 1: The proposed use is consistent with the General Plan; Finding of Fact: Design Review No. 18- 7003 is consistent with the General Plan Land Use Element' s Residential Goals, Policies and Programs which, Goal 1 states to " Preserve and enhance the City' s neighborhoods" and Goal 2 states to have " A broad range of housing types to fill the needs of the City' s current and future residents." The proposed residential development is consistent with the City Council strategic plan relating to Economic Development Strategy I, in that development of the subdivision is expected to contribute to achieving a stable and diversified economy within the community. The construction of the proposed tract will generate property and sales tax revenues to the City which will help offset the provision of services to the project residents.

Resolution 2018- 149
540
Finding No. 2:

Finding of Fact:

Finding No. 3:

Finding of Fact:

Finding No. 4:

Finding of Fact:

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

The proposed project, the construction of 143 single family residential units and associated improvements in the Low Density Residential Land Use District, is consistent with the Zoning Ordinance and development standards as the subdivision meets or exceeds the Zoning Ordinance development standards for the LDR Zone as to lot width, lot depth, setbacks and building height and provides public improvements that meet City standards.

Additionally, all other standards and design guidelines have been considered.

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. Public Roadway improvement dedications have already been taken.

The design of the subdivision is in conformance with the City' s General Plan, Zoning Ordinance, and Subdivision Ordinance, the construction of all units 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 Storm water runoff
management and controls. In addition, the design and construction of all improvements for the subdivision 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 the public health, safety and welfare. Finally, the proposed street system throughout the subdivision will improve emergency vehicular access and in the immediate neighborhood The design of the proposed project is compatible with the character of the surrounding neighborhood.

The proposed project is generally rectangular in shape, relatively flat, and slopes from the northwest to the southeast and consists of 65 acres. The subdivision designed has been reduced to provide more open space and accommodate the development of 143 ( e.g. single family residential dwelling) units considering the shape and topography of the site. The project as proposed has a density of

2. units per acre. According to the density ranges provided in the Resolution 2018- 149
541
Land Use Element of the City' s
General Plan for the Low Density
Residential ( LDR) land use designation and in the City' s Zoning Ordinance for the LDR zone, a density of 0-5 units per acres is appropriate for a site of this size and configuration in an area which is relatively quiet.

SECTION 4. CITY COUNCIL ACTION:

The City Council hereby takes the following action:

1. Adoption of Resolution 2018- 149 to approve:
a. Findings, in accordance with Public Resources Code Section 21152( b) and CEQA Guidelines Section 15162( a), that the project, as designed, is not subject to further environmental review pursuant to CEQA Guidelines Section 15162( a) because: ( 1) The project and the circumstances under which the project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the project does not involve new information of substantial importance which shows that the project will have significant effects not discussed in the prior MND adopted for Lot Split Tentative Tract Map 33540; and ( 2) All potential environmental impacts associated with Tentative Tract Map 33540 and Design Review 18- 7003 are adequately addressed by the prior MND, and the mitigation measures contained in the prior MND will reduce those impacts to a level that is less than significant; and
b. Modifications and Phasing of Tentative Tract Map 33540 and Design Review No. 18- 7003, in accordance with the plans attached and Conditions of approval attached as Exhibit B, Exhibit C. subject to the attached Conditions of Approval:

PASSED, APPROVED AND ADOPTED this 11th day of December, 2018. l7
rthur L. VVelch, Mayor
City of Banning 1
yiq
Resolution 2018- 149
542
ATTEST:

Laurie
i'Qwui,`` mq``
Samps , Acting Deputy City Clerk
City of Banning
APPROVED AS TO FORM AND LEGAL CONTENT:

Kevin Ennis, City Attorney
Richards, Watson & Gershon
Resolution 2018- 149
543
CERTIFICATION:

I, Laurie Sampson, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2018- 149 was duly adopted at a regular
meeting of the City Council of the City of Banning held on the 11th day of December, 2018, by the following vote, to wit:

AYES: Council Members Andrade, Happe, Peterson, Wallace, and Mayor Welch NOES: None
ABSENT: None
ABSTAIN: None
Laurie Sampson, cting Deputy City Clerk
City of Banning, California
Resolution 2018- 149
544

STAGECOACH TOWN USA
ESTABLISHED 1913

DEPARTMENT OF

PLANNING

RECOMMENDED FINAL CONDITIONS OF

APPROVAL

EXHIBIT A
PROJECT #: Tentative Tract Map 33540
SUBJECT: Subdivision of 65+ acres into 173 143 Single family residential lots APPLICANT: Drew Wilson — Civil Design and Drafting
APN: 535- 070-14; 535- 110- 002,-06,- 011,-2; 535- 311- 006 through - 023,-29; 535- 312- 001 through LOCATION: - 024
APPLICANT SHALL CONTACT THE PLANNING DIVISION, ( 951) 922- 3125, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

A. General Requirements

1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney' s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition.

2. Tentative Tract No. 33540 is recommended for approval by the Planning Commission. Full approval is subject to City Council action.

3. A copy of the signed Resolution of Approval or Community Development Director' sletter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check.

4. An easement shall be recorded against the subject property which provides legal and practical access from the project to the north via the extension of " F" Street ( to be unimproved) for the purpose of maintenance of the existing antennae. If proof of alternative access to the antennae has been confirmed this condition may be removed.

B. Time Limits

1. This tentative tract map shall expire unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 2 years from the date of the approval.

Completion
Date
SC -11 01
Modified November 7, 2018 1
545
Project No. TT33540
Completion Date
C. Site Development
1, The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations.

2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Community Development Director.

3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the City of Banning Fire Marshal and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy.

4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Community Development Director review and approval prior to the issuance of building permits.

5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits ( such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first.

6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance.

7. All trash pick- up shall be for individual units with all receptacles shielded from public view.

8. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/ orlandscaping to the satisfaction of the Community Development Director. For single family residential developments, transformers shall be placed in underground vaults. To the satisfaction of Electric and the Public Works Director and New Condition 30.

9. Street names shall be submitted for Community Development Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map.

10. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination.

11. The Covenants, Conditions, and Restrictions ( CC& Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes.

12. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Community Development Director and City Engineer review and approved prior to the issuance of building permits.

13. The developer shall submit a construction access plan and schedule for the development of all lots for Community Development Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing.

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Project No. TT33540
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14. Six- foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project' s perimeter.

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PC 11/ 7/8 (Draft) 3
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Project No. TT33540
Completion Date

15. On corner side yards, provide minimum 5 -foot setback between walls/ fences and sidewalk.

16. For residential development, return walls and corner side walls shall be decorative masonry.

17. Future development for ( each building pad/arcel) shall be subject to separate Development/ Design Review process for Planning Commission approval.

D. Building Design

1. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Community Development Director review and approval prior to issuance of building permits.

E. Parking and Vehicular Access ( indicate details on building plans)

1. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk.

2. Multiple car garage driveways shall be tapered down to a standard two -car width at street.

3. On flag lots, use a 12 -foot driveway within flag to maximize landscape area.

F. Landscaping

1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Community Development Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision.

2. Existing trees required to be preserved in place shall be protected with a construction barrier, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist' s recommendations regarding preservation, transplanting, and trimming methods.

3. For single family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition.

4. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Community Development Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division.

5. Landscaping and irrigation systems required to be installed within the public right- of- way on the perimeter of this project area shall be continuously maintained by the developer or Home Owners Association.

6. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division.

7. Tree maintenance criteria shall be developed and submitted for Community Development Director review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species.

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PC 11/ 7/8 (Draft) 4
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3. Environmental — Mitigation Measures
Project No. TT33540
Completion Date

8. Landscaping and irrigation shall be designed to conserve water through the principles of _/_/_ Xeriscape.

1. In those instances requiring long term monitoring ( i.e.) beyond final certificate of occupancy), the / /_ applicant shall provide a written monitoring and reporting program to the Community Development Director prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented.

2. Any lot with a rear yard slope of more than 10 feet will be designed to include terracing of that slope, and intermediate usable yard space within the slope area. This may include staggered retaining walls, stairs and patios, to the clarification of the Director of Community Development

3. Alternatively, the tract map can be redesigned to limit pad elevations between adjacent lots to 10 feet or less.

4. All manufactured slopes of 10 feet or more shall be landscaped and irrigated in such a manner as to assure 100% coverage within 12 months. Landscaping shall be native groundcover or similar.

Irrigation systems shall be operated and maintained by a groundcover or similar. All irrigation systems shall be operated and maintained by a homeowners' association, in order to assure logn term survival of the plantings. A maintenance easement shall be recorded on each lot on which such a slope occurs, in favor of the homeowners' association.

5. The applicant shall submit, for review and approval, a PM10 Management Plan for all grading and construction activities, for review and approval by the City Engineer prior to the issuance of grading permits.

6. SCAQMD Rule 403 shall be implemented.

7. No more than 5 acres shall be actively graded during any one day.

8. During all grading and construction activities, the site shall be watered at least twice daily.

9. All trucks hauling dirt, sand or soil shall be covered, or shall maintain two feet of freeboard.

10. Streets accessing the project site shall be swept at the end of each work day.

11. All grading activities shall be suspended during wind speeds of 25 mph or greater.

12. All diesel powered vehicles and equipment shall be properly maintained.

13. Electric or natural gas powered equipment shall be used to the greatest extent possible.

14. Ridesharing and transit incentives shall be provided to the construction crews.

15. Pre -coated or natural colored building materials shall be used to the greatest extent possible.

16. Within 30 days prior to the issuance of grading permits, a protocol survey for burrowing owls shall be conducted to determine if the species occurs on the site. Should the species be identified, the biologist shall provide the Planning Department with recommendations for relocation, frothier review and approval. No grading permit shall be issued until the relocation has been completed CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 5
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Project No. TT33540
Completion Date

17. Within 30 days prior to the issuance of grading permits, if the grading permit is sought between / / February 1 and August 31, a survey of nesting birds subject to the provisions of the Migratory Bird Treaty Act shall be conducted. Should nests be identified, the biologist shall provide the Planning Department with recommendations for buffer areas and construction restriction, for their review and approval. No grading permit shall be issued until the recommendations have been implemented.

18. No staging, grading or other ground disturbance shall be permitted within the open space area lot 176)

19. The open space area ( lot 176 shall be fenced to prevent encroachment. The Planning Department shall approve the fence. Signs shall be placed at each end of the fence, identifying the area as protected, and prohibiting encroachment by humans dogs or other domestic animals.

20. Prior to any ground disturbing activity, the applicant shall secure, and shall provide written evidence of the same to the Planning Department, appropriate permits from the California Regional Water Quality Control Board, the US Army Corps of Engineers and the California Department of Fish and Game. The US Army Corps permit shall assure mitigation for the loss of

0. 29 acres of federal jurisdictional areas; and the CDFG permit shall assure mitigation for the loss of 0. 71 acres of state jurisdictional areas.

21. A Phase II I recovery consistent with the Plan submitted by L& L Environmental shall be completed on the project site prior to any ground disturbing activity on the project site. The final report shall be provided to the City Planning Department for review and approval.

22. The project shall convey, with recordation of the final map, a 7± acre parcel ( lot 175) to the Morongo Band of Mission Indians.

23. The applicant shall, prior to the issuance of grading permits, construct a temporary chain link fence to separate the cemetery from the tract. The fence shall be reviewed and approved by Planning / department prior to the issuance of building permits. The fence shall be replaced by a permanent decorative block wall within 30 days of completions of grading activities". 23b. The applicant shall, prior to the issuance of grading permits, complete the design of the burial grounds by a licensed landscape architect, including the relocation of cement slabs, the adobe wall, the grotto, selected stone works, planters and trees

24. The applicant shall, prior to the issuance of grading permits, install wrought iron fencing to enclose the parcel to be conveyed to the Morongo Band, and extending to the entrance on 8th Street.

25. The applicant shall pave and landscape the access road from the 7± acre parcel to 8th Street.

26. The applicant shall, prior to the issuance of grading permits, have the site surveyed by a qualified arborist to determine whether the olive trees on the west end of the property can be transplanted to the boundary of the cemetery to act as a buffer. The transplantation shall be complete prior to the issuance of occupancy permits for any house on the property.

27. The applicant and the Morongo Band shall develop a plan for the preservation of the cemetery and other items to be relocated within the 7± acre parcel.

28. The applicant shall, at his expense, engage a qualified archaeologist to complete the cataloging of the artifacts collected in the 1990 survey, and shall cause these artifacts to be delivered to the Morongo Band upon completion of the cataloging effort.

I/
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Project No. TT33540
Completion Date

29. All ground disturbing activities on any portion of the site will be monitored by a qualified archaeologist and a
representative of the Morongo Band. The archaeologist shall be empowered to stop or redirect activities should artifacts be uncovered. The archaeologist shall deliver a report documenting all monitoring activities to the Planning Department and the Morongo Band within 30 days of completion of grading activities.

30. If human remains or potential human remains are identified during earth moving activities, all work shall stop in that area, and the Riverside Counter Coroner shall be contacted. No further activity shall occur in the area in the areas until the Coroner has completed his investigation, including Native American consultation.

31. A permanent name marker and the existing bronze plaque ( in possession of the Riverside County Parks and History Division) shall be placed in the cemetery.

32. The applicant shall, in conjunction with City staff, prepare formal paperwork for nomination of the site to the National Register of Historic Places and the California Register of Historic Places, and assure the filing of the paperwork with the appropriate agencies.

33. A Historic American Engineering Record level recordation of the Gilman Home Channel shall be completed prior to any ground disturbing activity the project site.

34. Consistent with the recommendations of the L& L Environmental Survey, the channel shall be preserved in place, either in whole or in part, or relocated in part to the open space area north of the project site. If relocated, a memorial plaque explaining the significance of the structure shall be incorporated into the relocation.

35. Construction activities shall be limited to those hours prescribed in the Municipal Code.

36. All construction equipment, including heavy equipment, shall be mufflered.

37. Construction staging and storage areas shall be located along the northern portion of the site, south of the open space and cemetery lots.

38. Continuous grading activities along the eastern boundary of the project site shall be limited to no more than 15 minutes within an hour.

H. Other Agencies

1. The applicant shall contact the U. S. Postal Service to determine the appropriate type and location of mail boxes. Multi -family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to Community Development Director review and approval prior to the issuance of building permits.

APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, ( 951) 922- 3130, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

I. General

1. The Department of Public Works recommends the following Conditions of Approval for Tentative Tract Map 33540. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency.

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PC 11/ 7/8 (Draft) 7
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Project No. 1T33540
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2. Prior to the issuance of any grading, construction, or public works permit by the City, the / / applicant shall obtain any necessary clearances and/ or permits from the following agencies:

Fire Marshal
Public Works Department ( Grading Permit, Improvement Permit) Community Development Department
Riverside County Environmental Health Department
Banning Unified School District
California Regional Water Quality Control Board Colorado River Basin ( RWQCB) South Coast Air Quality Management District ( SCAQMD)
United States Army Corps of Engineers ( USACE)
California Department of Fish and Game ( DFG)
The applicant is responsible for meeting all requirements of permits and/ or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting improvements plans to the City.

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Project No. TT33540
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3. The following improvement plans shall be prepared by a civil engineer or architect licensed by the _/ / State of California as allowed and submitted to the Engineering Division for review and approval.

A separate set of plans shall be prepared for each line item listed below. Unless otherwise authorized by the City Engineer in writing, the plans shall utilize the minimum scale specified and shall be drawn on 24" x 36" Mylar. Plans may be prepared at a larger scale if additional detail or plan clarity is desired ( Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors).

A. On -Site Rough Grading Plan
B. Clearing Plan
Include fuel modifications zones
Include construction fencing plan
C. SWPPP
1" = 40' Horizontal
1" = 50' Horizontal
1" = 40' Horizontal
Note: A, B & C shall be processed concurrently.

D. Storm Drain Plan
E. Off -Site Street Improvement Plans
F. Off -Site Landscaping Plans
G. Off -Site Signing & Striping Plans
1" = 40' Horizontal
1" = 40' Horizontal
1" = 4' Vertical
1 "= 20' Horizontal
1" = 40' Horizontal
H. On -Site Street Improvement/ Signing & Striping Plans 1" = 40' Horizontal 1 "= 4' Vertical
I. On -Site Residential Precise Grading Plans 1" = 30' Horizontal 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.

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

All on -site 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 per Public Works standard plans and/ or as approved by the City Engineer.

A small index map shall be included on the title sheet of each set of plans, showing the overall view of the entire work area.

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Project No. TT33540
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4. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings on Mylar 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 or raster -image files submitted to the City, revised to reflect the "As -Built" conditions.

5. All 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 in the residence. To the satisfaction of Electric and the Public Works Director and New Condition 30.

J. Rights of Way

1. 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 development. Conferred rights shall 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.

2. The applicant shall offer for dedication on the Final Map all public street right- of- ways in conformance with the City' s
General Plan, Municipal Code, applicable precise plans, standard plans, and/ or as required by the City Engineer.

3. Offer to dedicate for public purposes the right- of- wayfor "A" Street through " J" Street as a general local streets; 60 foot width. The geometrics for the knuckle shall be in accordance with the City of Banning Standard No. G- 806. The geometrics for the cul- de- sac shall be in accordance with the City of Banning Standard No. G- 800. Offers of dedication shall include corner cut- off at intersection.

4. Offer to dedicate for public purposes the 24 foot wide right- of- way for a secondary access way for Wyte Way.

5. Offer to dedicate for public purposes the necessary right- of- way in order to meet the City of Banning master planned half street width of 30 feet fronting Gilman Street.

6. Obtain right- of- way, or offer to dedicate for public purposes the necessary right- of- way to construct the knuckle at the westerly end of Gilman Street.

7. Grant slope easements to the City of Banning for road maintenance purposes for any slopes supporting street sections. The easements shall extend 5 feet from the toe of slope to provide adequate access
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8. Grant a storm drain easement along master planned storm drain Line " A" for the benefit of /_/_ Riverside County Flood Control and Water Conservation District in accordance with their standards.

9. Prior to the issuance of any certificates of occupancy, the applicant shall not grant any easements over any property subject to a
requirement of dedication or irrevocable offer to the City of Banning or the Riverside County Flood Control and Water Conservation District unless such easements are expressly made subordinate to the easements to be offered for dedication to the City or RCFC. Prior to granting any of said easements, the sub divider 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.

K. Public Improvements:

1. Construct half street improvements in accordance with City standards fronting Gilman Street including street lighting, curb and gutter, access ramps, sidewalk, and asphalt concrete paving, street name signs, traffic signs and striping, and any transitions. Curb returns have a 35 foot radius along Gilman Street. Street lights on Gilman Street shall be installed offset of the existing street lights. Where the transverse slope of the existing pavement exceeds 3% the applicant shall remove pavement and join the existing pavement surface. Applicants' geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method

2. Construct full street improvements for " A" Street through " J" Street in accordance with City Standards including street lighting, curb and gutter, cross gutters and spandrels, access ramps, drive approaches, sidewalk, and asphalt concrete paving, street name signs, traffic signs and striping, and any transitions. Applicants' geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method.

3. signs and striping, and any transitions. Applicants' geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method. The road shall be accessed by drive approaches at the respective cul de sacs.

Construct 24 -foot wide secondary access road connecting the development to the cul- desac at Wyte Way in accordance with City Standards including asphalt concrete paving, traffic signs and striping, and any transitions. Applicant' s geotechnical engineer shall provide the design of the pavement section based upon the Caltans method. The road shall be accessed by drive approaches at respective cul- de- sacs.

4. Construct the missing portion of curb, gutter and sidewalk along Gilman Street at the southwesterly end that joins to the knuckle, approximately 150 feet more or less.

5. Construct drive approach( s) for the properties/ utilities accessed from the knuckle at the westerly end of Gilman Street. The applicant shall be responsible for paving the drive ways located within the public right- of- way.

6. Construct drive approach( s) for the properties/ utilities accessed from the knuckle at the northerly end of Gilman Street. The applicant shall be responsible for paving the drive ways located within the public right- of- way.

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7. All street improvement design shall provide pavement transitions per Caltrans standards for transition to existing street sections.

L. Grading and Drainage:

1. 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 must 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 ( RCFC), RCFC Hydrology Manual, and standard 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.

2. Prior to recordation of the final map or approval of the grading plan, the subdivider shall submit a geologic investigation/ reprt for review and approval to demonstrate that the site is not threatened by surface displacement from future faulting in accordance with the Alquist- Prolo Earthquake Fault Zoning Act. Such a report may require building setbacks and/ or engineering strengthening that could significantly alter the design of the proposed tentative tract map. The subdivider shall be responsible for the costs associated with the review and approval of geologic investigation/ reprt.

3. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. Note: Discharge to the rock and mortar channel ( existing Line " A") downstream of project shall not be increased from existing discharge rate.

4. Design and Construct master planned storm drain system Line " A" within tract boundary in accordance with RCFC design and construction standards.

5. accordance with RCFC dcsign and construction standards.

At a minimum, the development will make provisions to store runoff from rainfall events up to and including the one -hundred three- hour during event. Post -development peak urban runoff discharge rates shall not exceed pre -development peak urban runoff discharge rates.

6. Design and Construct master planned East Gilman Home Debris Basin in accordance with RCFC design and construction standards.

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Project No. TT33540
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7. 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 westerly of the project.

8. The applicant shall comply with Chapter 34 " Stormwater Management and Discharge Controls" of the Banning Municipal Code ( BMC); California Building Code Appendix Chapter 33 Excavation and Grading"; and the State Water Resources Control Board' s Order No. 99- 08- DWQ.
a) 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.
b) The applicant' s
SWPPP shall be reviewed and approved by the City Engineer prior to any on - site or off -site grading being done in relation to this project. c) 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. d) The applicant' s
SWPPP shall include provisions for all of the following Best Management Practices (" BMPs"):
i) Temporary Soil Stabilization ( erosion control).
ii) Temporary Sediment Control.
iii) Wind Erosion Control.
iv) Tracking Control.
v) Non -Storm Water Management.
vi) Waste Management and Materials Pollution Control.
e) All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. f) 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.

9. 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.

10. A rough grading plan and 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. 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.

CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 13
557
Project No. TT33540
Completion Date

11. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad / /_ certification stamped and signed by a qualified civil engineer or land surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times.

12. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot.

13. Obtain clearance or approval from the U. S. Army Corps of Engineers, California Department of Fish and Game, Regional Water Quality Control Board, and Riverside County Flood Control and Water Conservation District as required. Comply with all conditions and mitigation measures if so determined and submit copies of all correspondence with the agencies to the Community Development Director and City Engineer.

M. Landscaping:

1. Prior to occupancy of the first dwelling unit of the development, an automatic sprinkler system and landscaping shall be installed within the common areas including perimeter slopes. The system shall include a landscape controller, a separate water meter, a separate electric meter, and plantings as approved by the Community Development Director. A homeowner' sassociation shall be responsible for the maintenance and upkeep of the common areas in a manner meeting the approval of the Community Development Director.

2. Prior to the recordation of the final map, the subdivider shall reserve open space Lots 174 to 178 146 & 148 for granting in fee to a homeowner' s association who shall be responsible for their maintenance and upkeep in a manner meeting the approval of the Fire Marshall and Community Development Director. If a particular lot may not be granted in fee, the subdivider shall reserve the necessary rights to maintain the lot( s) as described herein.

N. Traffic:

1. The sub divider shall be responsible for the preparation of a Traffic Impact Analysis ( TIA) in order to identify the fair share part of any improvements that may be required. The TIA shall be prepared in accordance with County of Riverside guidelines.

2. The subdivider hall be responsible for the preparation of a Traffic Impact Analysis ( TIA) in order to identify the fair share part of any improvements that may be required. The TIA shall be prepared in accordance with County of Riverside guidelines. Subject to the most recent County of Riverside guidelines and the review and approval of the Public Works Director.

CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 14
558
Project No. TT33540
Completion Date

3. Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective —/ / pavement marker indicating the hydrant location on the street as approved by the Fire Marshall, and must be maintained in good condition by the property owner until the street is accepted for maintenance.

4. Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Marshall for the plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow -line to flow -line. When a dead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Marshall. Applicable CC& Rs or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/ humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Marshall is granted.

5. Place a two way stop with limit lines along Gilman Street at 8th Street.

6. Place centerline striping along Gilman Street.

7. Perform a traffic signal warrant study in accordance with Caltrans standards for the intersection of Wilson Street and 8th Street. If a traffic signal is warranted, the subdivider shall be responsible for constructing the traffic signal at this location prior to occupancy of the 85 single family dwelling.

0. Final Map:

1. Prior to approval of any Final Map, the applicant shall construct all on -site and off -site improvements in accordance with the approved plans and satisfy its obligations for same, or shall furnish a
fully secured and executed Agreement for Construction of Public Improvements guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City

2. 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 simultaneously with the final map, with the County Surveyor, 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. 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. 1 /
CC 6/ 13/ 06 (final)
PC 1117/8 (Draft) 15
559
Project No. TT33540
Completion Date

3. Prior to the recordation of final map or the issuance of a grading permit, the applicant shall obtain _/ /_ approval from the Fire Marshall in consultation with the City Engineer, for a conceptual fuel modification plan and program. Prior to the issuance of any certificate of occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Marshall with an approved plant pallet. The CC& Rs or other approved documents shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation.

4. 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 $ 5, 000.

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.

5. Prior to approval of the Final Map, the applicant shall submit a list of street names and addresses in Microsoft Excel spread sheet format for review and approval. The house number system shall be in accordance with Section 21- 17 & 21- 18 of the Banning Municipal Code. A reduced copy of the subdivision map shall be included with the submittal.

6. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design property rights, number of lots, environmental impact, etc.) may be administratively approved through the plan check process with the mutual consent and approval of the Community Development Director and City Engineer. Final maps shall be amended in accordance with the Subdivision Map Act.

7. Prior to approval of any final map the applicant shall identify and include in its improvement plans those routine structural and non- structural Best Management Practices ( BMP' s) as outlined in Supplement A to the Riverside County Drainage Area Management Plans and any attachments

8. A record of all street centerline monument ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of Monumentation Bond.

9. 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.

10. A map of the proposed subdivision drawn at 1"= 200' showing the outline of the streets including street names shall be submitted to the City to update the city atlas map.

CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 16
560
Project No. TT33540
Completion Date

11. An original Mylar of the final map ( after recordation) shall be provided to the City for the record files.

P. Fees:

1. Plan check fees for final map review, professional report review ( geotechnical, drainage, etc.), and all improvement plans review, shall be paid prior to submittal of said documents for review and approval in accordance with the Fee Schedule in effect at the time of submittal

2. Public Works Inspection fees shall be paid prior to the scheduling the final map for approval by City Council in accordance with the Fee Schedule in effect at time of time of scheduling

3. Water and sewer connection fees including frontage fees and water meter installation charges shall be paid on a per lot basis at the time of building permit issuance in accordance with the Fee Schedule in effect at that time.

4. Water and sewer connection fees including frontage fees and water meter installation charges shall be paid on a per lot basis at the time of building permit issuance in accordance with the Fee Schedule in effect at that time.

5. A Traffic Signal Mitigation fee shall be paid on a per lot basis prior to issuance of building permits for each lot within the subdivision.

6. 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.

PPLICANT SHALL CONTACT THE FIRE MARSHAL AT, (951) 922- 3210, FOR COMPLIANCE WITH fHE FOLLOWING CONDITIONS:

Q. Fire Department Developer Fees:

1. Fees are increased annually and may be different at the time of construction. The fee schedule at the time of plan submittal shall apply.

Residential Dwelling Units - $ 543. 00 per unit +

5. 00 per unit Disaster Planning
Plan Check & Inspection - $ 84. 00 per unit
R. Fire Hydrants:

1. Prior to construction or renovation, working fire hydrants shall be provided when any portion of any structure exceeds 150 feet from a water supply on a public street.

2. Spacing of fire hydrants shall comply with UFC Appendix III B and the City of Banning Public Works Standards. ( maximum 300 feet)
a.

3. Minimum 6 -inch riser, street valve, approved shear valve and blue dot identification marker shall be provided for each fire hydrant.
1 /
CC 6/ 13/ 06 (final)
PC 11/ 7118 (Draft) 17
561
Project No. TT33540
Completion Date

4. The City standard fire hydrant is the Residential, James Jones # J3700, or an equivalent approved / / by the Fire Marshal.

5. Fire Hydrants are to be painted by the developer, contractor, etc., prior to the final inspection.

EOS Standard W714) Rustoleum Red, damp proof # 769 and two ( 2) coats of Rustoleum semigloss yellow #659, or an approved equivalent.

S. Water Supply:

1. Fire flow shall be established by the Fire Department using the information provided in the UFC Appendix III A. Fire Flow may be adjusted upward where conditions indicate an unusual susceptibility to fire. ( minimum 1000gpm for 2 hours)
T. Fire Department Access:

1. Shall be required when any portion of the first story of any structure is more than 150 feet from Fire Department apparatus access.

2. Minimum clearances or widths may be increased when the minimum standards are not adequate for Fire Department access.

3. Surfaces shall be designed and maintained to support the imposed loads of fire apparatus.

Surfaces shall have all- weather driving capabilities, including bridges.

4. Minimum quality road surfaces shall be in place prior to combustible materials being delivered to the site.

5. Minimum unobstructed width shall be 20 feet.

6. Minimum unobstructed vertical clearance shall not be less than 13 feet 6 inches.

7. Minimum turning radius shall be 42 feet.

8. All dead- end access roads in excess of 150 feet shall have approved provisions for turning around of fire apparatus.

9. Maximum grade shall be established by the Fire Department

10. Vehicles shall not be parked or otherwise obstruct the required width of any fire apparatus access.

11. Two means of ingress/ egress shall be provided for emergency vehicles and fire apparatus.

12. The requirements for this segment are covered in UFC Article 9.

CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 18
562
Project No. TT33540
Completion Date
U. Premises Identification.

1. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

Residential - 3-1/2" mm. Size
V. Spark Arrestors

1. Chimneys used in conjunction with fireplaces or heating appliances in which solid or liquid fuel is used shall be maintained with an approved spark arrestor.

W. Inspections

1. Inspections shall be requested a minimum of forty- eight (48) hours prior to the time the required inspection is needed.

2. Fee for each inspection is $ 42. 00 per hour per person. Exception, residential inspections are

21. 00 per unit per person.

3. Work begun without a permit or without an approved set of plans at the job site will result in a triple fee and/ or the work stopped.

X. Hazardous Materials:
1 The storage, dispensing, use or handling of hazardous materials during construction shall be in accordance with the provisions of UFC Article 80 and UBC Section 307 in addition to all federal, state and local laws or ordinances.

Y. Fuel Modification/ Hazard Reduction Plan ( Req' d
Note for all Maps and Plans)

1. A "greenbelt" or fuel modification zone will be required along the northern portion of the project.

The Greenbelt/ Zone Plan and the provisions for maintenance shall meet the standard developed by the Fire Department. That standard is presented below.

CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 19
1 563
Project No. TT33540
Completion Date
Standard Banning Fire Services Requirements for
Fuel Modification Zones"
Around Projects in High Fire Hazard Areas
Lots that are within planning areas adjacent to open space ( Wildland/ Urban Interface Areas) will be developed in accordance with a Fire Protection Plan that provides adequate buffering and fuel modification zones consistent with City Fire Department standards. Fuel management zones will be provided as outlined below.

Areas where slopes exceed 30% will undergo trimming and/ or clearing of flammable native vegetation for a minimum distance of one - hundred ( 150) feet from any structure and a minimum distance of seventy- five 75) feet from any property line. No less than fifty ( 50) feet of these cleared areas will be planted with non- flammable (' wet -zone") vegetation with the remainder remaining clear of trees or large shrubs. The fuel management zones may be reduced through the use of concrete walls as a rear yard edge treatment or as otherwise approved by the City Fire Department. Where residential areas are adjacent to open space areas with slopes not exceeding 30%, a minimum of 100 feet from any structure and a minimum of 50 feet of non- flammable (" wet zone") vegetation must be provided outside of any property line.

The above listed fuel modification zone widths may be increased in areas of extremely steep slopes or where strong winds may influence fire behavior. Fuel modification areas can extend into private lots as long as a Homeowners Association establishes enforceable restrictions related to no additional structures i.e. garages, barns, storage buildings, wooden decks, patio covers, etc.) within required setbacks.

Maintenance of fuel management zones will be the responsibility of either a Homeowners Association, neighborhood association or other appropriate maintenance agency/ entity approved by the City of Banning.

Prior to approval of any Tentative Tract Map or Land Use Permit for properties adjacent to wildland terrace zones, the project proponent will prepare a Fire Protection Plan for approval by the City Fire Department. The Fire Protection Plan will provide definition of standards, locations, roadway widths, emergency access, design, maintenance, types of vegetation to be used in " wet zones", construction timing, financing and other applicable conditions related to fire protection.

Construction of the buildings that are directly adjacent to the wildland areas must meet the following minimum requirements in addition to other applicable codes:

1. All eaves must be fire protected ( i.e. boxed and stuccoed)

2. All attic openings must be screened with a mesh no larger than 1/ 8 inch.

3. Windows must be dual -paned with aluminum frames.

4. Only non- cmbustible siding may be used.

CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 20
564
Project No. TT33540
Completion Date
APPLICANT SHALL CONTACT THE WATER DEPARTMENT AT, ( 951) 922- 3282, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

Z. Water

1. Submit Water Improvement Plans to the Engineering Division for review and approval. Design water lines throughout and to property boundaries to tract. The proposed new water lines shall connect into the City' s water system on Gilman Street. To receive water service without using a hydromatic station, the upper elevation of the highest house pad shall be placed below the 2610 elevation. Also, in some areas of the tract, special seismic design should be considered.

2. All water lines and fitting shall be a minimum of 8 -inches in diameter and shall be DIP or 10- gag steel pipes, cement mortar lined & wrapped. Water line easements shall be a minimum width o 20 feet.

3. Fire hydrants shall be installed within and on the tract boundaries as per the approval plans, at 300 -foot maximum spacing.

4. A backflow device must be installed for each irrigation water connection and inc compliance with the State of California Department of Health Regulations. Contact the City of Banning, After Operations Division, prior to installation.

5. A Reimbursement Agreement may be entered into for the proposed constructed and extended water line on Gilman Street that others can use for their benefit.

AA. Sewer

1. Submit Sewer Improvement Plans to the City Engineer for review and approval. Desig and construct sewer lines throughout the tract beginning in the vicinity just easterly c proposed Street " A" and Gilman Street and, also, westerly on Gilman Street to the en of the proposed cul- de- sac for Gilman Street.

2. All sewer lines shall be extra strength Vitrified Clay Pipe and the sewer mains shall be minimum of 8 -inches in diameter. Sewer line easements to be a minimum of 20- fe wide and shall have an all weather access cover.

3. A sewer check valve shall be provided for each lot with a finished pad elevation low than the rim elevation of the immediate up -stream sewer manhole.

4. A Reimbursement Agreement may be entered into for the proposed constructed an extended sewer line on Gilman Street that others can use for their benefit.

BB. Sewer

1. Water and Sewer Connection Fees and Water Meter Installation charges shall be paid on a per lot basis and per EDU at the time of issuance of building permits, for each to within this subdivision in accordance with the fee schedule in effect at the time the fee are paid. Also, pay all water and sewer frontage fees, if applicable, and in accordanc with the fee schedule in effect at the time the fees are submitted, prior to plan checking proceeding.

CC 6/ 13/ 06 (final)
PC 11/ 7/8 (Draft) 21
565
Staff Recommendations of Modified Conditions
Tentative Track Map 33540

EXHIBIT B
Section A. - Condition # 4
A parcel is to be dedicated to the Morongo Band.

An easement shall be recorded against the subject property which provides legal practical access from the project to the north via the extension of " F" Street ( to be improved) for the purpose of maintenance of the existing antennae.

If proof of alternative access to the antennae has been confirmed this condition may be removed.

Section C. - Condition # 8 —
The power transformers will be aboveground.

All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/ orlandscaping to the satisfaction of the Community Development Director. For single family residential developments, transformers shall be placed in underground vaults. To the satisfaction of Electric and the Public Works Director and New Condition 30.

Section I.- Condition # 5
Added the verbiage "Existing power lines on Gilman - Shall Remain" All 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 in the residence. To the satisfaction of Electric and the Public Works Director and New Condition 30.

Section K. - Condition # 3 —
Road requirement removed as agreed with the City. A new emergency road added from the project to Wyte St.
566
FO ad- sh- a1- 1- b-e-a Geessed- by- cl rive- app- reac-- hes- at the- respactive -Gel -el -La - saes.

Construct 24 -foot wide secondary access road connecting the development to the cul- de- sac at Wyte Way in accordance with City Standards including asphalt concrete paving, traffic signs and striping, and any
geotechnical engineer shall provide the design of the
transitions.
pavement section
Applicant' s
based
upon the Caltans method. The road shall be accessed by drive approaches at respective cul- de- sacs.

Section L.- Condition # 5 —
Removed the required basin and line "A- 4" since the entire impacted area has been proposed as open space. All development has been removed from this area. Area to remain natural.

At a minimum, the development will make provisions to store runoff from rainfall events up to and including the one -hundred three- hour during event. Post - development peak urban runoff discharge rates shall not exceed pre -development peak urban runoff discharge rates.

Section M. Condition #2
Fixed lot numbers to match the new TTM lot numbering.

Prior to the recordation of the final map, the subdivider shall reserve open space Lots 174 to 178 146 & 148 for granting in fee to a homeowner' s association who shall be responsible for their maintenance and upkeep in a manner meeting the approval of the Fire Marshall and Community Development Director. If a particular lot may not be granted in fee, the subdivider shall reserve the necessary rights to maintain the lot( s) as described herein.

Section N.- Condition # 2 —
No TIA needed due to a reduction in lot numbers for this project.

The subdivider shall be responsible for the preparation of a Traffic Impact Anaylsis ( TIA) in order to identify the fair share part of any improvements that may be required. The TIA shall be prepared in accordance with County of Riverside guidelines. Subject to the most recent County of Riverside guidelines and the review and approval of the Public Works Director.
567
City of Banning
99 E. Ramsey Street • P. O. Box 998 • Banning, CA 92220- 0998 • (951) 922- 3125 • Fax ( 951) 922- 3128 Proud FITRory
Prosperous Tomorrow•, COMMUNITY DEVELOPMENT

DEPARTMENT
PROJECT #:

SUBJECT:

APPLICANT:

LOCATION:

Tentative Tract Map 33540 ( Modified) /Design Review No. 18- 7003 Conditions of Approval ( Planning Commission Resolution No. 2018- 14)
Drew Wilson — Civil Design and Drafting
APN: 535- 070-14, 535- 110- 002, 006, 011, 012; 535- 311- 006 THROUGH 023; AND 535- 312- 001 THROUGH 024

ADDITIONAL CONDITIONS

EXHIBIT C
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 project shall at all times 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, the Planning and Zoning Law, the Subdivisions Map 568
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

Act, Code of Civil Procedure Section 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' sdefense, 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.

3. Approval of this entitlement shall not waive compliance with any sections of the Development Code, other applicable City Ordinances, in effect at the time of building permit issuance.

4. Construction shall commence within two ( 2) years from the date of project approval, or the Design Review approval shall become null and void. Additionally, if after commencement of construction work is discontinued for a period of one year the Design Review shall become null and void. Projects may be built in phases if pre -approved by the review authority. The Community Development Director may, upon a written application being filed 30 days prior to expiration and for good cause, grant a onetime extension not to exceed 12 months. Upon granting of an extension, the Community Development Director shall ensure that the Design Review comply with all current Ordinance provisions.

5. A copy of the signed resolution of approval and all conditions of approval and any applicable mitigation measures shall be reproduced in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for review and approval as required by the reviewing department.

6. The applicant shall install slate, concrete, tile, clay tile, or equal roofing material as if pertains to fire safety as approved by the Planning and Fire Departments on all units within the subject property.

7. All ground -mounted utility appurtenances such as transformers and AC condensers shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/ or landscaping to the satisfaction of the Community Development Director. Any existing or proposed above ground utilities will be subject to the review and approval of the Public Works Department and Electric Department.

8. A detailed on -site lighting plan, including a photometric diagram, shall be reviewed and approved by the Community Development Director. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties in accordance with the Zoning Code. Lighting fixtures shall be shielded or recessed to prevent spillage to the adjacent properties. 569
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

Additionally, all lighting plans and installations shall conform to the requirements of the conditions stipulated by the Airport Land Use Commission ( ALUC) and Federal Aviation Administration ( FAA) review.

9. Applicant shall pay all development fees adopted by the City in effect at the time of issuance of any building permits, which shall include, but not be limited to: police and fire safety developer fees, water and sewer fees, park land dedication fees, impact fees, MSHCP fees, TUMF fees, and electric meter installation fees.

Applicant shall provide written evidence to the City that school mitigation fees have been paid or other arrangements acceptable to the Banning Unified School District have been met.

10. Asix- (6) foot chain link fence or wall must be maintained around the perimeter of the site during all phases of construction.

11. The developer shall submit a construction access plan and schedule for the development of the project for Community Development Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing.

12. Prior to any use of the project site, all Conditions of Approval shall be completed, as required, to the satisfaction of the Community Development Director. Contact the Planning Department at (951) 922- 3125 to request a FINAL INSPECTION prior to issuance of the Certificate of Occupancy a minimum of 48 hours in advance of requested inspection.

Public Works Department
General Requirements

13. APublic Works Permit shall be required prior to commencement of any work within the public right- of- way. The contractor working within the public right- of- wayshall submit proof of a Class "A" State Contractor' sLicense, City of Banning Business License, and Liability Insurance. 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/er representative.

14. The applicant shall comply with all Engineering Conditions as indicated in the attached FINAL CONDITIONS OF APPROVAL" for Tentative Tract Map 33540. 570
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

15. Condition # 3 on page 10 under " K" shall be revised as follows:

Construct 24 -foot wide secondary access road connecting the development to the cul- de- sac at Wyte Way in accordance with City Standards including asphalt concrete paving, traffic signs and striping, and any transitions. Applicant' s geotechnical engineer shall provide the design of the pavement section based upon the Caltans method. The road shall be accessed by drive approaches at respective cul- de- sacs.

16. Condition # 5 on Page 11 under "L Grading and Drainage" shall add the following paragraph:

At a minimum, the development will make provisions to store runoff from rainfall events up to and including the one -hundred three- hour during event. Post - development peak urban runoff discharge rates shall not exceed pre -development peak urban runoff discharge rates,

17. In addition to the above items, the applicant, prior to the issuance of any grading or building permit, shall provide a Project Specific Water Quality Management Plan WQMP) to the City for review and approval in accordance with California Regional Water Quality Control Board Colorado River Basin Region Order No. R7- 2013- 0011.

Water

18. Submit Water Improvement Plans along with hydraulic analysis calculations demonstrating adequate fire protection to the Engineering Division for review and approval. Design waterlines throughout and to and across property boundaries of tract. The proposed new waterlines shall connect into the City' s water system on
Gilman Street. To receive water service without using a hydropneumatic booster station, the elevation of the highest house pad shall be placed below the 2610 elevation. In some areas of the tract, special seismic design should be considered.

19. AII waterlines and fittings shall be a minimum of 8" diameter ductile iron pipe DIP), class 350. Any waterline easements shall be a minimum width of 20 feet.

20. Fire hydrants shall be installed within and on the tract boundaries as per the approved plans, at a 300' maximum spacing. Fire hydrant model shall be James Jones J- 4040 or approved equal.
571
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

21. An RP backflow prevention device must be installed for each irrigation water connection and in compliance with the State of California Department of Health Regulations. Contact the City of Banning Water Operations Division prior to installation of backflow prevention devices.

Sewer

22. Submit Sewer Improvement Plans to the Engineering Division for review and approval. Design and construct sewer lines throughout the tract and, also, westerly on Gilman Street from the existing cleanout approximately 950 feet west of Wyte Way to the end of the street.

23. All sewer lines shall be PVC SDR 26 and the sewer mains shall be a minimum of 8" diameter. Sewer line easements to be a minimum of 20' wide and shall have an all- weather access cover.

24. A sewer backwater check valve shall be provided for each lot with a finished pad elevation lower than the rim elevation of the immediate upstream sewer manhole.

Fees

25. Water and Sewer Connection Fees shall be paid per EDU ( EDU is based upon meter size) on a per lot basis at the time of issuance of building permits, in accordance with the fee schedule in effect at the time the fees are paid.

26. Frontage Fees for water and sewer, if applicable, will be based on the rates outlined in Chapter 13 Section 8 of the municipal code.

27. Water Meter Installation charges shall all be paid at the time of issuance of building permits, within this project in accordance with the fee schedule in effect at the time the fees are paid.

28. Plan checking fees are to be paid with initial plan submittal.

Electric Utility Department
The following will need to be completed in order to receive electric service. 572
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

29. The developer will be required to submit an electrical utility design to service this project. The design must be approved by electric utility.

30. Place all utilities underground within the tract and along with the existing Banning overhead power lines in the area of the proposed street that will connect to Wyte Way.

A. The existing power lines on Gilman shall remain provided that the power poles are behind side walk or within a parkway.

B. For confirmation of location of existing power poles, the developer shall identify the current location of each power pole relative to the proposed improvements.

C. All electric utilities within the tract will need to be underground and easements/ right- of- wayfor pad -mounted electrical equipment will need to be provided by the developer.

31. The electric utility point of connection for this project will be from Gillman Street.

32. If any poles on Gilman Street need to be relocated due to this development, it will be at the expense of the developer.

33. Street lighting will be required to be placed along Gilman Street as well as within project.

34. The City of Banning Electric Utility shall be responsible for:

A. Reviewing electric plans submitted by customer.

B. Providing cost estimate for installing an underground electrical system for this project.

C. Inspecting all trenches prior to backfilling. 24 -hour prior notice is required before inspection.

D. Install electrical apparatus including primary conductors, terminations, metering and transformer to provide electrical service for your project.

Building Department
The following comments are required at time of plan check submittal

35. The Site shall be developed in compliance with all current model codes. All plans shall be designed in compliance with the latest editions of the California Building Codes as adopted by the City of Banning.

36. 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, and where necessary to provide access. Paths of travel shall incorporate ( but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warnings, signage, gates, lifts and walking surface 573
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

material. The accessible route( s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance( s) to the site. California Building Code CBC) 11A and 11B.

A. City of Banning enforces the State of California provisions of the California Building Code disabled access requirements. The Federal ADA standards differ in some cases from the California State requirements. It is the building owner' sresponsibility to be aware of those differences and comply accordingly.

B. Disabled access parking shall be located on the shortest accessible route.

Relocate parking spaces accordingly.

37. Separate submittals and permits are required for all accessory structures such as, but not limited to, trash enclosures, patios, block walls, and storage buildings.

38. Pursuant to California Business and Professions Code Section 6737, this project is required to be designed by a California licensed architect or engineer. Based on change of use and potential exiting and fire life safety improvements.

Fire Department

39. Effective January 1st 2011 all one/ two family dwellings and townhouses require an automatic residential fire sprinkler system designed and installed in accordance with CRC section HCD R313. 3or NFPA 13D.

40. For residential areas, approved standard fire hydrants, located at each intersection and spaced 500 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 500 GPM for 1 - hour duration at 20 PSI.

41. Prior to building plan approval and construction, applicant/ developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a
registered civil engineer, and shall
confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval.

42. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 574
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

43. Blue dot retro-eflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-5 (located at www. rvcfire. org.)

44. •Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standards. Access lanes will not have an up, or downgrade of more than 15%. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities.

45. Any turn -around requires a minimum 38 -foot turning radius. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor.

46. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 575
Exhibit B
Draft Additional Conditions of Approval
TTM 33540 Modified/ DR 18- 7003

MODIFIED CONDITIONS
Attached
END***
576

TECHNICAL ADVISORY

AB 52 AND TRIBAL CULTURAL RESOURCES IN
CEQA

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Table of Contents

I. Purpose.............................................................................................................................................3 II. Legislative Intent ..............................................................................................................................3 III. Summary of New Requirements for Consultation and Tribal Cultural Resources................................4 A. Definition of Tribal Cultural Resources....................................................................................................4 B. Consultation............................................................................................................................................6 C. Timing in the CEQA Process and Consultation Steps...............................................................................7 D. Confidentiality.........................................................................................................................................8 E. Mitigation ................................................................................................................................................9 IV. Updating Appendix G.......................................................................................................................9 V. Compliance Timeline and Consultation Process Flowchart ...............................................................12 VI. Bibliography of Resources..............................................................................................................13 A. California Government Resources.........................................................................................................13 B. Federal Government Resources............................................................................................................14 C. Selected California Cases.......................................................................................................................14 D. Selected Federal Cases..........................................................................................................................15 578
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I. Purpose
This technical advisory is part of a series of advisories provided by the Governor’s Office of Planning and Research (OPR) as a service to professional planners, land use officials and California Environmental Quality Act (CEQA) practitioners. OPR creates and updates technical advisories as needed on current issues in environmental law and land use planning that broadly affect the practice of CEQA and land use planning in California.

The purpose of this technical advisory is to provide guidance to lead agencies regarding recent changes to CEQA requiring consultation with California Native American tribes and consideration of tribal cultural resources. It summarizes the reasons for the legislative changes and explains the substantive and procedural requirements that went into effect on July 1, 2015. Finally, it summarizes relevant case law and provides a list of additional resources related to tribal cultural resources and CEQA.

II. Legislative Intent
The legislature added the new requirements regarding tribal cultural resources in Assembly Bill 52 (Gatto, 2014). By requiring consideration of tribal cultural resources early in the CEQA process, the legislature intended to ensure that local and tribal governments, public agencies, and project proponents would have information available early in the project planning process to identify and address potential adverse impacts to tribal cultural resources. By taking this proactive approach, the legislature also intended to reduce the potential for delay and conflict in the environmental review process. AB 52 § 1 (b)(7).
1 1 Assembly Bill 52 (Gatto, 2014). Section 1 of the bill states the legislature’s intent as follows:
“In recognition of California Native American tribal sovereignty and the unique relationship of California local governments and public agencies with California Native American tribal governments, and respecting the interests and roles of project proponents, it is the intent of the Legislature, in enacting this act, to accomplish all of the following: (1) Recognize that California Native American prehistoric, historic, archaeological, cultural, and sacred places are essential elements in tribal cultural traditions, heritages, and identities. (2) Establish a new category of resources in the California Environmental Quality Act called “tribal cultural resources” that considers the tribal cultural values in addition to the scientific and archaeological values when determining impacts and mitigation. (3) Establish examples of mitigation measures for tribal cultural resources that uphold the existing mitigation preference for historical and archaeological resources of preservation in place, if feasible. (4) Recognize that California Native American tribes may have expertise with regard to their tribal history and practices, which concern the tribal cultural resources with which they are traditionally and culturally affiliated. Because the California Environmental Quality Act calls for a sufficient degree of analysis, tribal knowledge about the land and tribal cultural resources at issue should be included in environmental assessments for projects that may have a significant impact on those resources. (5) In recognition of their governmental status, establish a meaningful consultation process between California Native American tribal governments and lead agencies, respecting the interests and roles of all California Native American tribes and project proponents, and the level of required confidentiality concerning tribal cultural resources, at the earliest possible point in the California Environmental Quality Act environmental review process, so that tribal cultural resources can be identified, and culturally appropriate mitigation and mitigation monitoring programs can be considered by the decision making body of the lead agency. (6) Recognize the unique history of California Native American tribes and uphold existing rights of all California Native American tribes to participate in, and contribute their knowledge to, the environmental review process pursuant to the California Environmental Quality Act (Division 13 (commencing with § 21000) of the Public Resources Code). (7) Ensure that local and tribal governments, public agencies, and project proponents have 579
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To accomplish those goals, the legislature added or amended the following sections in the Public Resources Code: 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 5097.94. These changes are summarized in Section III.

III. Summary of New Requirements for Consultation and Tribal Cultural Resources
The Public Resources Code now states that “[a] project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.” Pub. Res. Code § 21084.2.

To determine whether a project may have such an effect, the Public Resources Code requires a lead agency to consult with any California Native American tribe that requests consultation and is traditionally and culturally affiliated with the geographic area of a proposed project. That consultation must take place prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project. Pub. Res. Code § 21080.3.1.

If a lead agency determines that a project may cause a substantial adverse change to tribal cultural resources, the lead agency must consider measures to mitigate that impact. Pub. Res. Code § 20184.3 (b)(2) provides examples of mitigation measures that lead agencies may consider to avoid or minimize impacts to tribal cultural resources.

Specific provisions of the new law are described in more detail below.

A. Definition of Tribal Cultural Resources
Section 21074 of the Public Resources Code states that “tribal cultural resources” are:
(1) sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe that are listed, or determined to be eligible for listing, in the national or state register of historical resources, or listed in a local register of historic resources; or (2) resources that the lead agency determines, in its discretion, are tribal cultural resources. 2 information available, early in the California Environmental Quality Act environmental review process, for purposes of identifying and addressing potential adverse impacts to tribal cultural resources and to reduce the potential for delay and conflicts in the environmental review process. (8) Enable California Native American tribes to manage and accept conveyances of, and act as caretakers of, tribal cultural resources. (9) Establish that a substantial adverse change to a tribal cultural resource has a significant effect on the environment.” 2 Pub. Res. Code § 21074
(a) “Tribal cultural resources” are either of the following:
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Any lead agency determination that a resource should be treated as a tribal cultural resource must be made using the criteria set forth in subdivision (c) of § 5024.1 of the historical register.3 The agency must also consider the significance of the resource to a California Native America tribe. Pub. Res. Code §§ 5024.1, 21074. California Native American tribes traditionally and culturally affiliated with the geographic area of a project may have expertise concerning their tribal cultural resources. Pub. Res. Code § 21080.3.1. Courts will defer to a lead agency’s factual determination that a resource is a tribal cultural resource if that decision is supported by substantial evidence in the record. 4 Evidence that may support such a finding could include elder testimony, oral history, tribal government archival information, testimony of a qualified archaeologist certified by the relevant tribe, testimony of an expert certified by the tribal government, official tribal government declarations or resolutions, formal statements from a certified Tribal Historic Preservation Officer, or historical/anthropological records.

Federal law also provides examples of potential sources of tribal knowledge. The federal Native American Graves Repatriation Act recognizes the following types of evidence of cultural affiliation: geographical, kinship, biological, archeological, anthropological, linguistic, folklore, oral tradition, historical, or other (1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(A) Included or determined to be eligible for inclusion in the California Register of Historical Resources. (B) Included in a local register of historical resources as defined in subdivision (k) of §5020.1. (2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of §5024.1. In applying the criteria set forth in subdivision (c) of §5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.
(b) A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. (c) A historical resource described in §21084.1, a unique archaeological resource as defined in subdivision (g) of §21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of §21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a). 3 Pub. Resources Code § 5024.1 (c): A resource may be listed as historical resources in the California Register if it meets any of the following National Register of Historic Places criteria:
(1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage.
(2) Is associated with the lives of persons important in our past. (3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work if an important creative individual or possesses high artistic values. (4) Has yielded, or may be likely to yield, information important in prehistory or history. 4 Berkeley Hillside Preservation v. City of Berkeley, 60 Cal. 4th 1086, 1117 (2015); Valley Advocates v. City of Fresno, 160 Cal.App.4th 1039, 1072 (2008).
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relevant information or expert opinion. 43 C.F.R. § 10.14 (d). Similarly, in Pueblo of Sandia v. United States, the Tenth Circuit held that meeting minutes, anthropological reports, and tribal elder affidavits were all admissible evidence of a resource’s tribal significance. See Pueblo of Sandia v. United States, 50 F.3d 856 (10th Cir. 1995).

B. Consultation
Public Resources Code § 21080.3.1(b) states that a “consultation” with a California Native American tribe (as defined in Government Code § 65352.4) means:
[T]he meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement.

Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance.

OPR’s SB 18 Tribal Consultation Guidelines provide further explanation of what counts as tribal consultation.
5 The guidelines state that consultation “is a process in which both the tribe and local government invest time and effort into seeking a mutually agreeable resolution for the purpose of preserving or mitigating impacts to a cultural place, where feasible.” Tribal Consultation Guidelines, 15.

The guidelines go on to say that:

Effective consultation is an ongoing process, not a single event. The process should focus on identifying issues of concern to tribes pertinent to the cultural place(s) at issue – including cultural values, religious beliefs, traditional practices, and laws protecting California Native American cultural sites – and on defining the full range of acceptable ways in which a local government can accommodate tribal concerns.

Id. at 16.

The new provisions in the Public Resources Code suggest topics that may be addressed during consultation. If the California Native American tribe requests consultation regarding alternatives to the project, recommended mitigation measures, or significant effects, the consultation must include those topics. Pub. Res. Code § 21080.3.2 (a).
5 Since 2004, cities and counties have had to consult with California Native American Tribes before adoption or amendment of a general plan, specific plan or designation of open space. (Gov. Code § 65352.4, “Senate Bill 18” (Burton, Chapter 905, Statutes of 2004).) The Tribal Consultation Guidelines explain those requirements in detail.

The new requirements in the Public Resources Code do not change those ongoing responsibilities. In instances in which the requirements of both the Government Code and the Public Resources Code apply to a project, while there may be substantial overlap, the lead agency must ensure that it complies with the requirements of both statutes.
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C. Timing in the CEQA Process and Consultation Steps
The new provisions in the Public Resources Code set out specific steps and timelines for the notice and consultation process.

Those steps are summarized below as well as in the graphic entitled “Compliance Timeline and Consultation Process Flowchart” in Section V.
(1) The Native American Heritage Commission will provide each tribe with: (i) a list of all public agencies that may be lead agencies under CEQA within the geographic area with which the tribe is traditionally and culturally affiliated; (ii) the contact information of those public agencies; and (iii) information on how the Tribe may request consultation. This list must be provided on or before July 1, 2016. Pub. Res. Code § 5097.94 (m).
(2) If a tribe wishes to be notified of projects within its geographic area, the tribe must submit a written request to the relevant lead agency. Pub. Res. Code § 21080.3.1 (b). The Native American Heritage Commission website includes a sample template for an AB 52 notice list request letter from a California Native American tribe to a lead agency. (3) Within 14 days of determining that a private project application is complete, the lead agency must provide written notification to the tribes as described in step 2. The 14-day notification must include a description of the project, its location, and must state that the tribe has 30 days to request consultation. OPR’s AB 52 website includes a sample template for an AB 52 notice letter from a lead agency to a California Native American tribe. (4) If the tribe wishes to engage in consultation on the project, it must respond to the lead agency within 30 days of receipt of the formal notification described in step 3. The tribe’s response must designate a lead contact person. If the tribe does not designate a lead contact person, or designates multiple people, the lead agency shall defer to the individual listed on the contact list maintained by the Native American Heritage Commission. The NAHC website includes a sample template for an AB 52 response letter from a California Native American tribe to a lead agency. (5) The lead agency must begin the consultation process within 30 days of receiving the request for consultation.
(6) Consultation concludes when either: 1) the parties agree to measures to mitigate or avoid significant effects on the tribal cultural resources; or 2) a party, acting in good faith and after reasonable effort, concludes that a mutual agreement cannot be reached. Pub. Res. Code § 21080.3.2 (b)(1) & (2).
6 6 Note that the consultation can continue throughout the CEQA process. 583
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D. Confidentiality
Environmental documents must not include information about the location of an archeological site or sacred lands or any other information that is exempt from public disclosure pursuant to the Public Records Act. Cal. Code Regs. § 15120 (d); see also Clover Valley Foundation v. City of Rocklin, 197 Cal.

App. 4th 200, 220 (2011).
7 Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects are also exempt from disclosure. Pub. Res. Code, §§ 5097.9, 5097.993. Confidential cultural resource inventories or reports generated for environmental documents should be maintained by the lead agency under separate cover and shall not be available to the public.

See Clover Valley Foundation, 197 Cal. App. 4th at 221 (citing Governor’s Office of Planning and Research, Cal. Tribal Consultation Guidelines (Nov. 14, 2005 supp. p. 27)).

The new provisions in the Public Resources Code include additional rules governing confidentiality during tribal consultation. Pub. Res. Code § 21082.3 (c).

First, information submitted by a California Native American tribe during the environmental review process may not be included in the environmental document or disclosed to the public without the prior written consent of the tribe. However, confidential information may be included in a confidential appendix or exchanged confidentially with other public agencies that have jurisdiction over the environmental review documents. Pub. Res. Code § 21082.3 (c)(1). This confidentiality protection extends to a tribe’s comment letter on an environmental document. A lead agency can write general summaries of tribal comment letters without violating this confidentiality mandate. See Clover Valley Foundation, 197 Cal. App. 4th at 222.

Second, the lead agency and the tribe may agree to share confidential information regarding tribal cultural resources with the project applicant and its agents. If this occurs, the project applicant becomes responsible for keeping the information confidential (unless the tribe consents to disclosure in writing in order to prevent looting, vandalism, or damage to the cultural resource). The project applicant must use a reasonable degree of care to protect the information. Additionally, information that is already publically available, developed by the project applicant, or lawfully obtained from a third party that is not the tribe, lead agency, or another public agency may be disclosed during the environmental review process. Pub. Res. Code § 21082.3 (c)(2).
7 In Clover Valley, the trial court denied petitions for writ of mandate challenging a city’s approval of a subdivision project. Revisions to the project included transferring prehistoric Native American artifacts for preservation. The city prepared a recirculated draft environmental impact report to analyze the revised project. The locations and specific characteristics of the cultural resources were not described. The city provided additional information briefly describing the characteristics of the cultural resources, the project’s effects on them, and planned mitigation measures. The Court of Appeal affirmed the trial court’s ruling, holding that the changes were not significant in light of disclosure restrictions pertaining to cultural resources. Gov. Code § 6254 (r); Pub. Res. Code §§ 5097.9, 5097.993; Cal. Code Regs., tit. 14, § 15120, subd. (d).
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Third, the new law does not affect any existing cultural resource or confidentiality protections.

Pub. Res. Code, § 21082.3 (c)(3).

Fourth, the lead agency or another public agency may describe the confidential information in general terms in the environmental document. This is done to ensure that confidentiality is maintained while the public is informed about the basis of the decision. Pub. Res. Code § 21082.3(c)(4). The decision in Clover Valley provides a useful description of how a lead agency may balance the need for confidentiality with disclosure obligations under CEQA.

E. Mitigation
Public agencies must, when feasible, avoid damaging effects to any tribal cultural resource. Pub. Res.

Code § 21084.3 (a). Appropriate mitigation for a tribal cultural resource is different than mitigation for archeological resources. If the lead agency determines that a project may cause a substantial adverse change to a tribal cultural resource, mitigation measures should be identified through consultation with the tribal government. If measures are not otherwise identified in the consultation process, the Public Resources Code describes mitigation measures that may avoid or minimize the significant adverse impacts. Pub. Res. Code § 21084.3 (b). Examples include:
(1) Avoidance and preservation of the resources in place, including planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria.
(2) Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including the following:
(A) Protecting the cultural character and integrity of the resource; (B) Protecting the traditional use of the resource; or
(C) Protecting the confidentiality of the resource.
(3) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places.
(4) Protecting the resource. Id.

IV. Updating Appendix G
The new provisions direct OPR to update the sample initial study checklist in Appendix G of the CEQA Guidelines to do the following: (1) separate the consideration of paleontological resources from tribal cultural resources and update the relevant sample questions; and (2) add consideration of tribal cultural resources with relevant sample questions.
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As noted above, the substantive and procedural requirements added in AB 52 went into effect on July 1, 2015. Because the environmental checklist in Appendix G is a sample checklist and not mandatory, lead agencies do not need to wait for the Appendix G update before updating their own procedures.

In January 2016, OPR transmitted a draft update to Appendix G to the California Natural Resources Agency. On June 3, 2016 the agency released a revised proposal to include tribal cultural resources in Appendix G. Up to date information can be found here: http://resources.ca.gov/ceqa/.

On September 27, 2016 the Office of Administrative Law endorsed/approved the suggested changes.

Appendix G now contains a statement in the Environmental Checklist Form at the beginning of Appendix G regarding notice and consultation between lead agencies and California Native American Tribes.

Appendix G also has a new section called Tribal Cultural Resources, which asks two questions related to the presence of tribal cultural resources. The first asks whether there is a potential adverse change in the significance of a listed tribal cultural resource. The second asks whether there is a substantial adverse change in the significance of a resource determined by a lead agency to be a tribal cultural resource. As noted in Section III.A, when answering the second question, a lead agency must use its discretion while supporting the decision with substantial evidence, applying the criteria of the historic register, and taking into account the significance of the resource to a California Native American Tribe. Consultation with California Native American Tribes is a key way to obtain the information necessary to understand the significance of the resource.

Appendix G contains the following prompt for lead agencies to consider whether the substantive and procedural requirements for consultation with tribal governments have been followed in accordance with the changes to CEQA made by AB 52:

Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun?
Appendix G was also updated to contain the following questions:

Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k); or ii) a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources 586
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Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
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V. Compliance Timeline and Consultation Process Flowchart 588
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VI. Bibliography of Resources
A. California Government Resources
Assembly Bill No. 52 (2013- 2014 Reg. Sess.)
<http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB52> (as of Feb. 17, 2015).

Senate Bill No. 18 (2003-2004 Reg. Sess.) <http://www.leginfo.ca.gov/pub/03- 04/bill/sen/sb_0001-0050/sb_18_bill_20040930_chaptered.html> (as of Feb. 17, 2015).

Governor’s Exec. Order No. B-10-11 (Sept. 19, 2011) <http://gov.ca.gov/news.php?id=17223> (as of Feb. 17, 2015).

Governor’s Office of Planning and Research, Tribal Consultation Guidelines: Supplement to General Plan Guidelines (Nov. 14, 2005)
<http://www.opr.ca.gov/docs/011414_Updated_Guidelines_922.pdf> (as of Feb. 17, 2015).

Governor’s Office of Planning and Research Tribal Cultural Resources and CEQA website and Implementation Resources (2016) < https://www.opr.ca.gov/s_ab52.php> (as of Jul. 14, 2016).

California Native American Heritage Commission Web Site and Implementation Resources (2015) <http://www.nahc.ca.gov> (as of Jul. 14, 2016).

California Energy Commission, Tribal Consultation Policy (Nov. 2014) <http://www.energy.ca.gov/Tribal/documents/2014-11-
12_Draft_Tribal_Consultation_Policy.pdf> (as of Feb. 17, 2015).

California Office of Historic Preservation, California Office of Historic Preservation Web Site (2015) <www.ohp.parks.ca.gov> (as of Feb. 17, 2015).

California Office of Historic Preservation, California Historical Resources Information System (2015) <http://ohp.parks.ca.gov/?page_id=1068> (as of Feb. 17, 2015).

California Department of Transportation, Native American Liaison Web Site (2007) <http://dot.ca.gov/hq/tpp/offices/ocp/nalb/> (as of Feb. 17, 2015). 589
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B. Federal Government Resources
Executive Order 13175, 65 Federal Register 67249 (Nov. 9, 2009) regarding Consultation and Coordination with Indian Tribal Governments <http://www.whitehouse.gov/the-pressoffice/memorandum-Tribal-consultation-signed-president> (as of Feb. 17, 2015).

Executive Order 13007, 61 Federal Register 26771 (May 24, 1996), regarding Tribal Sacred Sites <http://www.achp.gov/EO13007.html> (as of Feb. 17, 2015).

U.S. Department of the Interior, National Parks Service, Guidelines for Evaluating and Registering Archeological Properties (2000) (“Bulletin 36”) <http://www.nps.gov/nr/publications/bulletins/pdfs/nrb36.pdf> (as of Feb. 17, 2015).

U.S. Department of the Interior, National Parks Service, Guidelines for Evaluating and Documenting Traditional Cultural Properties (1990, revised 1998) (“Bulletin 38”) <http://www.nps.gov/nr/publications/bulletins/pdfs/nrb38.pdf> (as of Feb. 17, 2015).

Advisory Council on Historic Preservation, Working With §106 Web Site (Feb. 13, 2015) <http://www.achp.gov/work106.html> (as of Feb. 17, 2015).

C. Selected California Cases
Berkeley Hillside Preservation v. City of Berkeley, 60 Cal. App. 4th 1086 (2015) (holding that an agency’s factual determination of whether unusual circumstances exist is reviewed under the substantial evidence standard, and favorably citing the holding in Valley Advocates).

Citizens for the Restoration of L Street v. City of Fresno, 229 Cal. App. 4th 340 (2014) (holding that the fair argument standard does not apply to a lead agency’s discretionary determination of whether a non-listed building or district is an historical resource for purposes of CEQA).

Madera Oversight Coalition, Inc. v. County of Madera, 199 Cal. App. 4th 48 (2011) (holding that the phrase “preservation in place is the ‘preferred manner’ of mitigating impacts to archaeological sites” means that feasible preservation in place must be adopted to mitigate impacts to historical resources of an archaeological nature unless the lead agency determines that another form of mitigation is available and provides superior mitigation of impacts. Preservation in place maintains the relationship between artifacts and the archaeological context. Preservation may also avoid conflict with religious or cultural values of groups associated with the site.) (Overruled in part on other grounds).

Clover Valley Foundation v. City of Rocklin, 197 Cal. App. 4th 200 (2011) (holding that CEQA does not require a lead agency to disclose confidential information regarding the location and nature of cultural resources sites and that a lead agency need only provide a general description of those resources and mitigation measures in an EIR).
590
Governor’s Office of Planning and Research Page | 15
June 2017
Valley Advocates v. City of Fresno, 160 Cal. App. 4th 1039 (2008) (holding that the substantial evidence standard of review applies to an agency’s determination of whether a building that is not listed, or eligible for listing, in a historic register qualifies as an historical resource, and further holding that once a lead agency determines the resource to be an historical resource, the fair argument standard applies to the question of whether the proposed project may cause a substantial adverse change in the significance of that historical resource).

D. Selected Federal Cases
Pueblo of Sandia v. United States, 50 F.3d 856 (10th Cir. 1995) (federal case regarding traditional cultural properties under the National Historic Preservation Act and the National Environmental Policy Act, including an example of a reasonable and good faith effort at consultation between a lead agency and a tribe. This case includes a discussion on cumulative impact analysis and a reasonable range of alternatives analysis under NEPA and Section 106 of the NHPA. This case recognizes as evidence the affidavit of a tribal elder and religious leader.).

Muckleshoot Indian Tribe v. United States Forest Service, 177 F. 3d 800 (9th Cir. 1999) (Federal case regarding traditional cultural properties under the National Historic Preservation Act and the National Environmental Policy Act, including a discussion of how adequate mitigation for a tribally significant historic property may be different than mitigation for an historic resource. This case includes examples of tribal evidence).
591

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: March 25, 2025
SUBJECT: Consideration of Resolution 2025-38, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2025/2026 RECOMMENDATION:

Adopt Resolution 2025-38.

BACKGROUND:

In accordance with the “Landscaping and Lighting Act of 1972” (“1972 Act”) of the Streets and Highways Code, the City Council adopted a resolution on August 14, 1990, ordering the formation of Landscape Maintenance District (LMD) No. 1, (“the District”) the boundaries of which are shown in Attachment “2.” An additional five tracts and three tentative tracts were annexed (Annexation No. 1) into LMD No. 1 when the City Council approved Resolution No. 2005-36 on May 10, 2005. Tract No. 37320 then joined LMD No. 1 on November 14, 2023 when the City Council approved Resolution No. 2023-177, as Annexation No. 2. The District, by special benefit assessments, provides funding for the servicing and maintenance of certain landscape areas within the City of Banning, all of which are located in the public right-of-way. The 1972 Act requires that assessments are to be levied according to benefit rather than according to assessed value. Adopting this resolution will initiate the proceedings to update the District for Fiscal Year 2025/2026. A tentative schedule for updating the District, as required by the “Landscaping and Lighting Act of 1972,” is attached hereto as Attachment “3” for your information.

On February 11, 2025 an update of LMD No. 1 was presented to the City Council, along with options to consider in ensuring the budget within each Zone stays within its’ means, which includes required budget cuts. The staff report and presentation are attached as Attachment “4” and the options for the Council’s consideration were listed and explained. The direction from the City Council was to research the prospect of removing Richard Sanchez Park from Zone 1 and assigning its operation and maintenance to the Parks Department. Currently, the City Attorney’s Office and Engineering Division staff are researching the process to deannex Richard Sanchez Park from the LMD and if feasible, it can be removed from the District when the Engineer’s Report for FY 25/26 is brought forward for consideration at the May 13, 2025 City Council meeting.

Additionally, the City Council requested that staff look at the possibility of removing the horse vinyl fencing from the trails within LMD No. 1. The fencing is often vandalized, leading to thousands of dollars of required repairs each year and it appears it is not used as an equestrian trail, as intended.

JUSTIFICATION:

The City Council approved the formation of LMD No. 1 by adopting Resolution No. 1990-59 on August 14, 1990. The adoption of Resolution 2025-38 will enable the City Engineer to prepare the assessments 592
for Fiscal Year 2025/2026.

FISCAL IMPACT:

None. A detailed estimate will be prepared and forwarded with the Engineer’s Report which will be bought before the City Council on May 13, 2025.

ALTERNATIVES:

Do not approve Resolution 2025-38 and provide alternative direction to staff. If this Resolution is not approved, then the assessment of properties within LMD No. 1 for FY 25/26 will not occur, leaving no revenues for the FY 25/26 budget.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-38, LMD Proceedings.docx

2. LMD No.1 Map of Zones 1 thru 11 Combined.pdf

3. Tentative Schedule for Updating LMD No. 1.pdf

4. February 11, 2025 LMD No. 1 Options Agenda Packet.pdf 593
Resolution 2025-38

RESOLUTION 2025-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, INITIATING PROCEEDINGS TO UPDATE LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2025/2026, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, the City Council, pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500, desires to initiate proceedings to update the City of Banning’s Landscape Maintenance District No. 1, and to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscaping and all appurtenant facilities related thereto.

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

SECTION 1. The City Council desires to update Landscape Maintenance District No. 1 for Fiscal Year 2025/2026, pursuant to the “Landscaping and Lighting Act of 1972” (Section 22500 and following, Streets and Highways Code) for the purpose of the following improvements:

Maintaining and servicing street trees, parkways, median islands, perimeter strips and backup walls, side slopes adjacent to sidewalks and storm drains, open space areas, flood detention or retention basins, and the irrigation of the above improvements.

SECTION 2. The City Council hereby directs the City Engineer to prepare and file with the City Clerk an Engineer’s Report in accordance with Article 4 of Chapter 1 of the “Landscaping and Lighting Act of 1972”.

SECTION 3. The fee to be assessed will not exceed the reasonable cost of providing the service. The fee charged shall be based on the rate and methodology set forth in Resolution Nos. 1990-59, 2005-36 and 2023-177.

SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

SECTION 5. 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 March, 2025.

Sheri Flynn, Mayor
City of Banning
594
Resolution 2025-38

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLC
595
Resolution 2025-38

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-38, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of March, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
596
TR 32370
TR 21882
TR 30222 TR 30906
TR 28252
TR 30186
TR 23446
TR 23598
TR 31835
TR 23446
TR 30793
TR 32109
TR 31834
TR 22810
TR 22811
TR 31833
TR 29721
TR 22913
LEGEND
City Boundary
Tracts
Existing Zone
1 2
3 4
5 6
7 8
9 10
LMD No. 1 Zones
2025-2026
11 597
Landscape Maintenance Areas
LMD 1 Proposed Zone 1
Riverside Co. GIS, July 2019

WILSON ST
O
M
A
R
ST

PALM DR

WHITE OAK DR

HOFFER ST

RED BLUFF LN
M

OUNTAIN AVE
FO
O

THILL D
R

GILMAN ST
A

SPEN LN

CATCHEN RD
SUNSET
AVE

CYPRESS
ST
ELM DR
OAK LN
41S
T
S
T
H
OLLY
C
T

SUGAR PINE
C
O
IR
REG
ON T
RL
BILB
E
RRY LN

PINE CIR
WILLOW
PL

PEPPER LN

JUNIPER PL

EUCALYPTUS
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
CT

CHESTNUT LN

CEDAR LN
LEGEND
Zone 1
TR 22810
TR 22811
TR 22913
TR 30186
TR 30222
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone1.mxd; Map Date 05 Nov 2019
I
0 500 1,000 1,500
Feet

CITY OF BANNING
598
Landscape Maintenance Areas
LMD1 Proposed Zone 2
Riverside Co. GIS, July 2019

WILSON ST

HIGHLAND HO
ME R
D
KIN
G
S

WELL AVE
EVELYN
DR
D
O
R
OTHY
ANNA
DR
D
Y
S
A
R
T
D

HOFFER R
ST

AUTUMN GOLD
RAMSEY
ST

SUMMER CT

FOOTHILL
DR

AUTUMN LN
SPRING
VIEW
DR

FALLING LEAF LN

SPRING CT

CASEY CIR

CORRAL CIR
O
M
A
R
S
T
JA
N
A
N
C
T

WINTERBERRY CT

CORNUCOPIA CT
LE
SLIE C
T

WINTERGREEN CT

WESTERN SUNSET RD
M
A
RLBO
R
O
WAY
CLA
RI CT

BEVERLY
D
R
GRAND
VIEW
AVE
LORI
WAY

CO P PERLEAF LN
G

OLDEN S
KY
C
T

PROSPECTOR CIR
MEADOW
WAY
C
ST

CHAPPAREL
WAY
ALDER
C
T
LEGEND
Zone 2
TR 21882
TR 23446
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone2.mxd; Map Date 10 Oct 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
599
L
andscapeMaintenanceAreas
LMD1ProposedZone3
Riverside Co. GIS, July 2019
W
I
L
S
O
N
S
T

PEPPER LN

MOUNTAIN AVE
H
O
F
F
E
R
S
T
A
UT
U
M
N
GO
LD
C
AT
C
H
E
N
R
D
B
UNK
ER
HILL
RD

DOROTHY ANNA DR

DYSART DR
G
E
O
R
G
E
S
T

WINCHESTER DR
S
P
R
I
N
G
C
T
E
L
M
D
R

FALLING LEAF LN

OMAR ST

FOOTHILL
DR
41ST ST
40TH AVE

WINTERBERRYCT

CORNUCOPIACT

SPRING DR
W
E
S
T
E
R
N
S
U
N
S
E
T
R
D
COMS
TOCK
RD

KELLOGG DR

ALDER CT
LEGENDZo
ne3
TR29721
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone3.mxd; Map Date 05 Nov 2019 I
0250500750F
eet

CITYOFBANNING
600
Landscape Maintenance Areas
LMD1 Proposed Zone 4
Riverside Co. GIS, July 2019

WILSON ST
SPRING
V EI W
DR
M
A
RLBO
R
O
WAY

AUTUMN GOLD

SUMMER CT

WINCHES
TER
D
R

GEORGE ST
AUTUMN
L
H
N

IGHLAND HO
ME R
D

FALLING LEAF LN
D
O
R
O
THY
A
N
NA
DR
O
M
A
R
ST

CATCHEN RD

BUNKER HILL RD

SPRING CT

WINTERBERRY CT

CORNUCOPIA CT

JACINTO VIEW RD

WINTERGREEN CT
SPRING
D
R
D
Y
S
A
R
T
D
R
M

OUNTA NI AVE

WESTERN SUNSET RD

COPPERLEAF LN

KINGSTON RD

COMSTOCK
RD

GOLDRUSH
PL

PRAIRIE
PL

FOOTHI L L
DR
G

OLDEN S
K
Y
C
T
KELLO
G
G
D
R
41S
T
S
T
40TH AVE
ALDER
C
T
LEGEND
Zone 4
TR 32109
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone4.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
601
Landscape Maintenance Areas
LMD1 Proposed Zone 5
Riverside Co. GIS, July 2019

ECLIPSE
DR

WILSON ST

MOONBEAM DR
G
R
O
VE S
T

SUNRAY CT
S
TA
R
G
A
ZE WAY
DAWN
LN
LUNA
R LN
SIM
S
S
T
18TH S
T
19TH S
T
20TH S
T

SUNRISE AVE
HALFM
O
O
N
C
T
S
TA
RLIGHT
C
T

SILVER STAR
DR

SUNVIEW
DR
HARVE
ST M
O
ON LN
LEGEND
Zone 5
TR 23598
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone5.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
602
L
andscapeMaintenanceAreas
LMD1ProposedZone6
Riverside Co. GIS, July 2019
B
R
YA
N
S
T

DRIFTWOOD CIR

HATHAWAY ST

LISA LN
C
H
A
R
L
E
S
S
T
W
E
S
L
E
Y
S
T
A
D
A
M
S
T
LEGENDZo
ne6
TR28252
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone6.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
603
Landscape Maintenance Areas
LMD1 Proposed Zone 7
Riverside Co. GIS, July 2019

WILSON ST

PALM DR

HIGHLAND HO
ME R
D

HOFFER ST

DOROTHY
ANNA
D
R

CATCHEN RD

RED BLUFF LN

GILMAN ST

ELSIE LEE CIR
M
O
U
N
TAIN
AVE

TERRY LEE CIR
O
M
A
R
ST
SPRING
D
R

FALLING LEAF LN
ELM DR

WINTERGREEN CT CORNUCOPIA CT
DYSART
DR

WESTERN SUNSET RD

PEPPER LN
41S
T
S
T
ELISA
DAWN
DR

FOOTHILL
D
R

MERIDIAN AVE

CEDAR LN
LEGEND
Zone 7
TR 30793
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone7.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
604
L
andscapeMaintenanceAreas
LMD1ProposedZone8
Riverside Co. GIS, July 2019
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
RY
AV
E

DRIFTWOOD CIR

HARGRAVE ST

JUAREZ ST

HERMOSA AVE

LISA LN

CALDERON WAY
A
D
A
M
S
T
LEGENDZo
ne8
TR31834
TR31833
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone8.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
605
L
andscapeMaintenanceAreas
LMD1ProposedZone9
Riverside Co. GIS, July 2019
C
H
A
R
L
E
S
V
I
C
T
O
RY
AV
E

HARGRAVE ST

HERMOSA AVE

CALDERON WAY
LEGENDZo
ne9
TR31835
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone9.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
606
Landscape Maintenance Areas
LMD1 Proposed Zone 10
Riverside Co. GIS, July 2019

RED BLUFF LN
D
Y
S
A
R
T
D
R

CYPRESS
ST
M
OU
NTAIN
AVE

GILMAN ST
P
E
P
PER LN
FO
O
T
HILL D
R
OAK LN

EVERGREEN LN
BILBER
RY
LN

PINE CIR
WILLO
W
PL

EUCALYPTUS
D
R

DAISY LN
S
Y
C
A
M
O
RE C
T

WOOD LN
G CT

CHESTNUT LN

CEDAR LN

MERIDIA
N
AVE
LEGEND
Zone 10
TR 30906
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone10.mxd; Map Date 05 Nov 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
607
C
PEPPER
GILMAN

WILLOW PL
OAK LN

CHESTNUT LN

CEDAR LN

RED BLUFF LN

PALM DR
LEGEND
Zone 11
TR 32370
Landscaped Areas
0 400 800 1,200
Feet
Landscape Maintenance Areas
LMD1 Proposed Zone 11

CITY OF BANNING
DY
M:\GIS-Assessment\Banning\LMD1_Zone11.mxd; Map Date 05 Oct 2023

FOOTHILL DR

PINE CIR

BILBERRY LN

MOUNTAIN AVE
LN
AMORE
Riverside Co. GIS, July 2019
608
Resolution No. 2025-XX
ATTACHMENT 3
(Tentative Schedule for Updating Landscape Maintenance District No. 1) Item Council Meeting
Resolution Initiating Update March 25, 2025
Resolution of Intention (Approving Engineer’s
Report)
May 13, 2025
Resolution Confirming Assessment (Public
Hearing)
June 10, 2025
609

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: February 11, 2025
SUBJECT: Discussion of Options and Obtain Direction Regarding Landscape Maintenance District (LMD) No. 1
RECOMMENDATION:

Discuss the background, operation and maintenance, and budget of Landscape Maintenance District No. 1 (“LMD No. 1” or “District”) with City Council and obtain direction on several options.

BACKGROUND:

LMD No. 1 in the City of Banning was established through the adoption of Resolution 1990-59 on August 14, 1990 (9 tracts), with another development, Tract No. 22913, being annexed into the District in 1992.

An additional five tracts and three tentative tracts were annexed into LMD No. 1 (Annexation No. 1) when the City Council approved Resolution 2005-36 on May 10, 2005. Annexation No. 2, adding Tract No. 32370, occurred on November 14, 2023 when the City Council approved Resolution No. 2023-177.

There are currently eleven (11) Zones and 1,034 assessment units (i.e. properties) in LMD No. 1. A map displaying the District and its’ Zones is shown as Attachment 2.

LMD No. 1 provides a mechanism for the operation and maintenance of landscape medians and parkways, perimeter strips, landscaped hillsides with high visibility, side slopes adjacent to sidewalks and retention basins annexed into it. LMD No. 1 funds expenses (e.g. utility costs, landscape maintenance contractor, etc.) by revenues collected from the special benefit assessments paid for by each property owner within LMD No. 1. The District, by these special benefit assessments, provides funding for the operation and maintenance of certain landscape areas within the City of Banning, all of which were constructed as part of private development projects and many of which are located in the public right-ofway. The 1972 Act requires that assessments are to be levied according to benefit rather than according to assessed value.

Every year, Engineering Division staff prepare three staff reports as part of the levy and assessment process required by the Streets and Highways Code. After the initiation staff report, an Engineer’s Report is prepared in house and the intention to levy assessments and approval of the Engineer’s Report is brought before the City Council. Lastly, a Public Hearing confirming the assessment for the following fiscal year is held.

Budget Shortfalls
Zones 1-5 of LMD No. 1 did not include a price increase or escalator to the yearly amounts paid by each homeowner. A maximum 5% escalator was introduced for Zones 6-11. This has left most of those tracts operating in a deficit each year as revenues do not pay for rising costs in utilities and the landscape 610
contractor services.

The annual assessments may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Increase (CPI) for all Urban Consumers in the RiversideSan Bernardino-Ontario, CA area, published by the United States Department of Labor, Bureau of Labor Statistics during the preceding calendar year, provided however, that any such increase shall not exceed five percent (5%) per fiscal year.

Previous Proposition 218 Attempt
In 2019, due to the revenue shortfall and the lack of funding for replacement projects, the Public Works Department hired Webb Municipal Finance, LLC (Webb) to analyze the existing LMD No. 1 structure, prepare a financial analysis in the form of a Financial Report, and determine the proper zones and assessment amounts for each tract in order to assure the LMD No.1 is operated with a balanced budget.

The consultant prepared a detailed analysis and budget for all the existing tracts within LMD No. 1 and recommended that it be rezoned in a manner that allows each tract to pay only for benefits that it is receiving. Thus, ten (10) new Zones were developed to better reflect each tract’s unique expenses and revenues and benefits bestowed to its’ property owners residing within the Zone, as shown in Attachment 2, the LMD No.1 map. Zone No. 11 was annexed into the LMD No. 1 on November 14, 2023, and is comprised of Tract No. 32370, known as Canterbury.

Additionally, the Financial Report prepared by Webb analyzed the LMD No. 1 budget and recommended changes including some increases to the Assessment Units to ensure revenues were sufficient to support the rising expenditures. A Prop 218 hearing was recommended in the Financial Report to change the Assessments needed to balance the budget. Webb then prepared a “Proposition 218” Engineer’s Report that presented the new escalated Assessment Unit rates for each Zone reflected on the Proposition 218 notice and ballot for each Zone. A Prop 218 public hearing was held on December 8, 2020 with the results tabulated showing a “No” vote for each of the ten Zones. Thus, the base Assessment Unit rate remained unchanged, with no increases despite rising costs. The exceptions were Zones 6 through 10, whose tracts were annexed into LMD No.1 in 2005, at which time, those property owners authorized the annual CPI adjustment. The newly annexed Zone 11 also has an annual CPI adjuster.

LMD Remedies/Revisions
Since the failed Prop 218 attempt, the Public Works Department has reduced landscape contractor services and water and electric costs in the Zones with annual operating deficits, as explained below.

The guiding principle used by the Public Works Department is that each Zone should be self-sufficient with regard to its budget and not use public general funding. Despite these efforts, some Zones are still in deficit although services and utilities were cut to a minimum level. Currently, the aesthetics of the District do not meet the community’s expectations.

On April 9, 2024, a workshop was held with the City Council and the Deputy Director of Public Works/City Engineer presented the LMD No. 1 Update and discussed the items below. Attachment 3 is the Agenda packet from that meeting. City Council members suggested the Public Works Department continue reducing services and costs.

Service Reductions
Since the Prop 218 Public Hearing held on December 8, 2020, certain operational adjustments (i.e. maintenance contract scope reduction for mowing, trash pickup, and shrub maintenance and reduction in watering) have been made to reduce costs. This has helped to reduce deficits in Zones 1,2,3,4,5, 8 and 9 this past year. Zones that have enough funds to support their budget have funds to install improvements such as mulch, irrigation upgrades, and plants. Unfortunately, this past year, vandalism of 611
sprinkler heads and stolen irrigation valves have cost about $8,500 to replace.

For Fiscal Year (FY) 2024/2025, in the Zones that have a balanced budget (Zones 6,7,10 and 11) and in Richard Sanchez Park of Zone 1, mowing occurs weekly, and shrubs are maintained biweekly in the summer months. In the Zones with deficits, mowing occurs biweekly, and shrubs are maintained quarterly. The current landscape contractor for FY 2024/2025 is Mariposa Landscapes Inc., and their Bid Schedule/Scope of Work is shown as Attachment 4.

De-annexation/Dissolution of a Zone
If the City Council wanted to de-annex a Zone from the District, Engineering Division staff would need to follow the same process that was used to form the District. Therefore, each property owner needs to be sent a ballot to vote on the dissolution of the Zone/District. During the Public Hearing, the ballots received will need to be tabulated to determine if the dissolution passes or not by a majority vote.

De-annexation or dissolution would be considered on a very limited basis. Zones that have stormwater retention and water quality devices must be maintained to ensure the City’s compliance with the Regional Water Quality Control Board permits. The City would also like to avoid de-annexation for ‘out of sight, out of mind’ areas, such as landscaping at the rear of a residential property that is separated from the property by a block wall. Some cases may require that the zones establish a Homeowners Association (HOA). Forming a HOA for existing communities, where no HOA currently exists, can be more complex compared to one established by a developer during the construction of the community.

The formation of an HOA would require buy-in and significant participation from homeowners.

In order to have a HOA take over the operation and maintenance of the LMD, the City would need to enter into an agreement with the HOA and provide them with an encroachment permit allowing them to access public property for maintenance. Additional items that should be included in the agreement are insurance requirements and indemnification provisions. There would be a cost to the homeowners within a Zone for the formation of the HOA and for the HOA expenses, including maintaining the areas within the LMD.

Transfers to Parks Department
City Council may consider transferring portions of the LMD to another department to assume the funding, maintenance, and operations of portions of the LMD. This could be applicable to Richard Sanchez Park in Zone 1. This park was developed as an amenity to the surrounding tract of homes, and at the time of its creation, did not meet the minimum size requirements to be accepted as a public park by the City. If this facility were to be transferred from the LMD to the Parks Department, it would come with a permanent funding obligation need by the Parks Department and the City’s General Fund.

New Zone 12
Engineering Division staff worked with the City’s legal counsel to discuss alternatives and pathways to improve the maintenance and appearance of the LMD. One option discussed would be to provide a public subsidy for portions of the LMD that have a community appeal. This was described as landscape areas that serve a benefit to the community, such as roadway landscaping along major thoroughfares.

To implement this recommendation, the City would establish a new Zone 12 that would remove landscaping along major roadways from applicable individual zones within the public right of way and transfer them to Zone 12. Eligible roadway segments could include Wilson Street, Highland Home Road and Hargrave Street.

Any transference of portions of the LMD would require a new and permanent General Fund appropriation for the maintenance and operation of the landscaped areas. The estimated costs would need to be 612
established during the preparation of the Engineer’s Report, but is estimated at between $150,000 and $200,000, with annual increases due to rising labor and utility costs. The City would also be responsible for any capital costs, including replacement of irrigation equipment or replacement/enhancement of plant materials.

Additional Remedies
Other possibilities include holding another Proposition 218 Hearing and asking residents within LMD No. 1 to vote on increasing the base assessment and add an annual CPI escalator for Zones 1 through 5 or consider utilizing General funds.

Recent Updates
Engineering Division staff met with the City Attorney’s Office and together compiled a list of possible options for each Zone that the City Council can consider and provide directions to City staff as listed below.

Zone 1
Option 1: Maintain status quo
Cessation of maintenance at Richard Sanchez Park, focus funding solely on storm water compliance of the retention basin, maintenance to ensure it functions.

Option 2: Transfer maintenance costs of Richard Sanchez Park to the Parks Dept.

Required new general fund obligation to the Parks Dept. in perpetuity.

Prioritize LMD assessment to storm water basin, then street frontages.

Option 3: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Other Considerations:

Transfer of Mountain Ave. frontages to new Zone 12, as a General Fund perpetual obligation.

Some combination of the above options.

Zone 2
Option 1: Maintain status quo
Cessation of maintenance to eliminate turf and replace with mulch, no landscaping.

Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Other Considerations:

Transfer of Highland Home Road median and Wilson Street frontages to new Zone 12, as a General Fund perpetual obligation.

Some combination of the above options.

Zone 3
Option 1: Maintain status quo
Cessation of maintenance to eliminate turf and replace with mulch, no landscaping Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Zone 4
Option 1: Maintain status quo
Cessation of maintenance on Alder Ct. to eliminate turf and replace with mulch, no landscaping and only maintain along Wilson Street.

Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage. 613
Zone 5
Option 1: Maintain status quo
Cessation of maintenance and eliminate the watering of plant material within the tract, maintain on a necessary basis only.

Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Zone 6 (annual operating surplus and reserves)
Option 1: Maintain status quo
Utilize reserves over time to complete turf conversions and lower utility costs.

Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Zone 7 (annual operating surplus and reserves)
Option 1: Maintain status quo
Utilize reserves over time for continued tree pruning.

Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Zone 8
Option 1: Maintain status quo
Continue with minimal landscape services.

Option 2: De-annexation and return the frontage along both sides of Charles Street to adjacent property owners.

Utilize reserves to connect irrigation to household utility.

Option 3: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Zone 9
Option 1: Maintain status quo
Cessation of maintenance and eliminate landscaping and irrigation on Hargrave Street and Victory Ave., replace with mulch and removal of trail vinyl fencing.

Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Zone 10 (annual operating surplus and reserves)
Option 1: Maintain status quo
Utilize reserves over time for continued tree pruning.

Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone Increase assessments within the Zone. No guarantee of passage.

Zone 11 (annual operating surplus and reserves)
No actions. Recently annexed into LMD No. 1.

Each Zone could have its own action and Prop 218 Ballot as each is independent of the other.

If the City Council elects to reassess costs, add a CPI escalator and hold a Prop 218 balloting proceeding, a consultant will have to be obtained, similar to the work that Webb did in 2019 and 2020.

The Engineering Division estimates consultant costs at approximately $70,000 to complete the Prop 218 work, which would be an additional cost to the LMD.

JUSTIFICATION:

The City Council approved the formation of LMD No. 1 by adopting Resolution No. 1990-59 on August 614
14, 1990. Assessments collected from the property owners located within LMD No. 1 provide for the funding required to maintain landscape areas located within the public right-of-way directly benefiting said property owners. The District, with the exception of Zones 6,7,10 and 11, is operating in a deficit and some Zones will run out of reserves next Fiscal Year.

Therefore, staff are seeking direction from the City Council on how to proceed.

FISCAL IMPACT:

Any work within the LMD must be fully funded from each LMD Zone, and funds cannot be transferred across zones for work. Funds will not be expended to fully deplete reserve balances or expended in zones with structural deficits.

ALTERNATIVES:

This item is updating the City Council and staff are seeking direction on which option(s) to move forward with for each Zone within the District for FY 25/26.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Att 1. LMD Options and Update Presentation, 1.28.25.pdf

2. Att 2. LMD No. 1 Map of Zones 1 thru 11 Combined.pdf

3. Att 3. April 9, 2024 Workshop Agenda Packet.pdf

4. Att 4. Mariposa reduced SOW, 05-30-2024.pdf
615

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Stephanie Sirls, Transit Manager
Art Vela, Director of Public Works
MEETING DATE: March 25, 2025
SUBJECT: Consideration of Resolution 2025-40, Approving the Line Extension Contract with SoCalGas and Authorizing an Appropriation of $603,392.46 to Facilitate the Completion of the City’s Compressed Natural Gas (CNG) Fuel Facility Project
RECOMMENDATION:

Adopt Resolution 2025-40.

BACKGROUND:

The City owns and operates a CNG fueling facility located at the Corporate Yard (176 E. Lincoln Street).

The facility was commissioned in 2004 and serves the City’s fleet (i.e. transit buses and dump truck) and the Banning Unified School District (BUSD) bus fleet.

The BUSD has dedicated slow fill supply lines and dispensers from the City’s CNG fueling facility to their property located adjacent and to the east of the City’s Corporate Yard. The dedicated supply lines and dispensers allow the BUSD bus fleet to refill overnight.

At the time of commissioning the CNG facility was available 24 hours a day, 7 days per week to the general public and to other agencies such as, Morongo Band of Mission Indians, Caltrans, County of Riverside and Waste Management. The public access has been closed for several years due to complications with the CNG fueling station.

The existing CNG fueling facility is several years beyond it’s useful life, is constantly under repair and parts are becoming increasingly difficult to purchase. If the facility were to go down the City’s CNG fleet would have to travel to either Redlands, Moreno Valley or Palm Springs to refuel.

As a result, City staff released a Request for Proposals (RFP-23-034) on June 5, 2023 and Council unanimously approved a Design Build Agreement to EFS WEST on September 12, 2023 to rehabilitate the CNG station. Final design has been completed and construction commenced in February of this year.

As the project progressed, there have been ongoing discussions and site visits with SoCalGas. Through those discussions, it was determined that an underground gas line needed to be extended and would require a significant level of civil work to include trenching and backfill services.

JUSTIFICATION:

To successfully complete the CNG rehabilitation project, a line extension is necessary. SoCalGas has 616
provided a proposal for the required work, which includes extending the gas line to connect with the City’s existing infrastructure. This extension is critical for ensuring that the CNG facilities are operational and meet the City’s energy demands.

The total cost for this line extension contract is $603,692.46. This expenditure is justified considering the benefits it will bring, including:

1. Enhanced Energy Reliability: Ensures the availability of CNG for the public, city operations, and services.

2. Environmental Benefits: Supports the city's commitment to clean energy and reducing greenhouse gas emissions.

3. Cost Efficiency: Investing in this infrastructure will lead to long-term savings in energy costs and provide an additional revenue stream to transit operations.

FISCAL IMPACT:

The total cost for this line extension contract is $603,692.46 and requires an appropriation of $603,692.46 to Account No. 610-5800-434-90.56. This expenditure will be fully funded through the Riverside County Transportation Commission (RCTC) utilizing State Transit Assistance (STA) funds.

Approval of this contract will allow the City to proceed without delays and stay on schedule for project completion.

Additionally, the new CNG fueling facility will be an asset assigned to the Transit Division. Revenues generated by fuel sales to BUSD and the public will be allocated to the Transit Division and used to meet the City’s farebox recovery match of ten percent (10%). At times it is necessary to transfer General Funds to the Transit Division in order to meet it’s farebox recovery match. The CNG fueling facility revenues will reduce the need for said transfers from the General Fund.

ALTERNATIVES:

Do not adopt the resolution and provide staff with alternate direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-40, SOCal Agreement.docx

2. 286304 Exhibit A-1 Contract.pdf

3. 176 E Lincoln St Sketch.pdf
617
Resolution 2025-40

RESOLUTION 2025-40

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

APPROVING THE LINE EXTENSION CONTRACT WITH SOCALGAS AND AUTHORIZING AN APPROPRIATION OF $603,392.46 TO FACILITATE THE COMPLETION OF THE CITY’S

COMPRESSED NATURAL GAS (CNG) REHABILITATION PROJECT
WHEREAS, the City owns and operates a compressed natural gas (CNG) fueling facility located at the Corporate Yard (176 E. Lincoln Street). The facility was commissioned in 2004 and serves the City’s fleet and the Banning Unified School District (BUSD) bus fleet; and WHEREAS, the CNG fueling facility is several years beyond it’s useful life, is constantly under repair and parts are becoming increasingly difficult to purchase. If the facility were to go down the City’s CNG fleet would have to travel to either Redlands, Moreno Valley or Palm Springs to refuel; and
WHEREAS, the City staff released a Request for Proposals (RFP-23-034) on June 5, 2023, and the City Council unanimously approved a Design Build Agreement with EFS WEST on September 12, 2023; and
WHEREAS, the construction crew has commenced work on the project, and it has been determined that an underground gas line extension by SoCalGas is necessary to ensure the operational integrity of the CNG facility; and
WHEREAS, an appropriation is needed for the total cost of the line extension contract with SoCalGas in the amount of $603,392.46, which will be funded through the Riverside County Transportation Commission (RCTC) utilizing State Transit Assistance (STA) funds; and WHEREAS, the line extension is critical for enhancing energy reliability, supporting the City’s commitment to clean energy, and achieving long-term cost efficiencies; and WHEREAS, the revenues generated from the new CNG fueling facility will contribute to the Transit Division, reducing the need for transfers from the General Fund to meet the City’s farebox recovery match.

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

SECTION 1. City Council approves the line extension contract with SoCalGas in the amount of $603,392.46 to facilitate the completion of the City’s CNG Rehabilitation Project.

SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Design-Build Agreement for the CNG Fueling Station and Line Extension Contract with SoCalGas.

SECTION 3. City Council authorizes the City Manager to execute to execute the Line Extension Contract Agreement with SoCalGas and make any non-substantive changes as necessary.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 618
Resolution 2025-40

PASSED, APPROVED AND ADOPTED this 25th day of March, 2025.

Sheri Flynn, Mayor
City of Banning
619
Resolution 2025-40

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP,
620
Resolution 2025-40

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-40 was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of March, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
621
Resolution 2025-40

Exhibit A
Draft Contract with SoCalGas
622
Line Extension Contract
Reference:

SoCalGas Project #: 00000286304
Project Location: 176 E.LINCOLN STREET
02/27/2025

DOUG SCHULZE

CITY MANAGER

CITY OF BANNING
176 E. LINCOLN ST
BANNING, CA 92220
Project Scope:

Non-Residential, industrial, project located at 176 E.lincoln Street and San Gorgonio, in the City of Banning, County of Riverside.

Install Stub, Service, Meter, Service Reinforcement to the specified location in Company provided trench, backfill by SoCalGas.

The engineering required for the installation of the gas facilities as described above in the Project Scope, based on the information you have provided us, has been completed. The attached "Exhibit A" dated 02/27/2025 details the estimated costs and allowances, if applicable, and also indicates any advances and contributions, if required at this time.

Please provide us with an address list for the property, if applicable, including any internal apartment or unit numbers or letters as quickly as possible. This will assist us in providing timely installation of the requested gas meters and/or refunds of your refundable advances, if applicable.

To acknowledge your receipt of the Exhibit A, confirmation of the scope of the Project, and receipt and agreement with the enclosed General Conditions, please have this letter executed by your authorized representative(s) (owner or corporate officer) and return all pages to the SoCalGas New Business Process Team at either [email protected], if you are executing these documents through the electronic signature portal, or [email protected], if you are not executing these documents through the electronic signature portal. Your return of the executed copy of this letter plus any required advance made through one of the designated SoCalGas payment channels (e.g., online at www.socalgas.com/exhibitA, in person at a SoCalGas Branch Office, mailed to SoCalGas Mail Payments: P.O. Box 2007, ML711D, Monterey Park, CA 91754-0957), will constitute your request to SoCalGas to schedule the installation and your agreement to Exhibit A and the General Conditions. Timely return of this letter will ensure that your construction is not delayed. A copy of the letter has been provided for your records.

Thank you for this opportunity to provide you with natural gas to serve your energy requirements. We are pleased to have you as a SoCalGas customer and want to provide you with the best possible service.

If you have any questions, please contact me at (213) 231-7888.

Sincerely,

MATTHEW VALENCIA

LD PLNG ASSOC
4495 HOWARD AVE
RIVERSIDE,CA 92507-0000

SOUTHERN CALIFORNIA GAS COMPANY - GENERAL CONDITIONS FOR LINE EXTENSIONS These are the general conditions under which Southern California Gas Company ("SoCalGas") will provide line extensions for Applicants.
623
I. COSTS
A. Estimates and Duration. The enclosed Exhibit A estimate is valid for 90 days and may be revised after that time if the installation of gas facilities for the Project has not begun. Once SoCalGas begins the installation, the estimated cost will remain in effect for twelve (12) months. If at the end of the twelve (12) months the work is not complete, SoCalGas reserves the right to calculate its costs for the work completed, less applicable allowances, and issue a new project and Line Extension Contract for the remaining installation work. Applicants who submit a new application for gas line extension(s) on or after July 1, 2023 must pay SoCalGas the actual cost, but the estimated amount is due and payable in advance. Because of unforeseen contingencies and other factors, the actual cost may be considerably higher or lower than this estimate. Therefore, the estimate is not a warranty by SoCalGas of the actual cost. If additional monies are due, Applicant agrees to pay them within 30 days after invoice. Applicant will be responsible for costs of engineering, planning, surveying, right of way acquisition and other associated costs. Estimated and actual cost excludes Betterments and Utility Convenience.

B. Allowances. Applicant(s) receiving allowances as an offset to the installation costs are responsible for these costs and may be billed subject to the following: line extension(s) where allowances have been granted to the Applicant based on future gas load(s) must have the gas meter(s) installed and turned on with bona fide load within six (6) months for main/main and service(s) installations and twelve (12) months for service(s) only installations. These time frames commence from the date SoCalGas completed the installation of gas facilities. If Applicant fails to comply, the Applicant will be billed for the difference between estimated allowances and authorized allowances, as described in Tariff Rule Nos. 20 and/or 21. The bill amount will include Income Tax Component Contribution and Advances (ITCCA/CIAC) Tax. Applicant requested temporary service(s) are fully collectible. Refunds shall be made and calculated in accordance with Rule No. 22.

C Attorneys Fees and Offset. If SoCalGas is required to bring an action to collect monies due or to enforce any other right or remedy, Applicant agrees that SoCalGas is entitled to recover its reasonable attorneys' fees and costs. SoCalGas may withhold from any payments due Applicant any amounts Applicant owes SoCalGas.

II. INDEMNITY
A. General. Applicant shall indemnify and hold SoCalGas harmless from and against all liability (excluding only Pre-Existing Environmental Liability) connected with or resulting from injury to or death of persons, including but not limited to employees of SoCalGas or Applicant, injury to property of SoCalGas, Applicant or a third party, or violation of local, state or federal laws or regulations (excluding environmental laws or regulations) (including attorneys' fees) arising out of the performance of this Contract, except only for liability to the extent it is caused by the negligence or willful misconduct by SoCalGas.

B. Environmental. Applicant shall indemnify and hold SoCalGas harmless from and against any and all liability (including attorneys' fees) arising out of or in any way connected with the violation or compliance with of any local, state, or federal environmental law or regulation as a result of preexisting conditions at the Project site, release or spill of any pre-existing hazardous materials or waste, or out of the management and disposal of any pre-existing contaminated soils or groundwater, hazardous or nonhazardous, removed from the ground as a result of SoCalGas's work performed ("PreExisting Environmental Liability"), including, but not limited to, liability for the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and other response costs.

As between Applicant and SoCalGas, Applicant agrees to accept full responsibility for and bear all costs associated with Pre-Existing Environmental Liability. Applicant agrees that SoCalGas may stop work, terminate it, redesign the gas facilities to a different location, or take other action reasonably necessary to complete its work without incurring any Pre-Existing Environmental Liability.

C. Withhold Rights. In addition to any other rights to withhold, SoCalGas may withhold from payments due Applicant such amounts as, in SoCalGas's reasonable opinion, are necessary to provide security against all loss, damage, expense and liability covered by the foregoing indemnity provisions.

III. WARRANTY
SoCalGas requires that Applicant warrant all materials and workmanship performed by Applicant (directly or through a contractor other than SoCalGas) shall be free of all defects and fit for their intended purpose. A one-year warranty on any materials and a two-year warranty on any installation work provided are required. If Applicant's work or materials fail to conform to the warranty, Applicant shall reimburse SoCalGas for the total cost of repair and/or replacement or SoCalGas may give Applicant the opportunity to fix within a reasonable time such defect(s). Such reimbursements are non-refundable and the amount of such reimbursements may be withheld by SoCalGas and offset against refundable amounts owed Applicant, when applicable.
624
IV. TARIFF RULES / COMMISSION
A. This Line Extension Contract ("Contract") consists of and incorporates by reference the line extension contract letter, Exhibits A, General Conditions and all of SoCalGas's applicable tariff schedules and rules as submitted from time to time with the California Public Utilities Commission ("Commission"), including but not limited to, the Preliminary Statement and Rule Nos. 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these rules may be obtained by visiting the SoCalGas' Internet site at www.socalgas.com or by requesting copies from your SoCalGas representative.

B. This contract is at all times subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction.

C. No agent of SoCalGas has authority to make any terms or representations not contained in this Contract and the tariff schedules and Applicant hereby waives them and agrees neither SoCalGas nor Applicant shall be bound by them.

V. JOINT AND SEVERAL LIABILITY
Where two or more parties are Applicants for a Project, SoCalGas shall direct all communications, bills and refunds, when applicable, to the designated Applicant, but all Applicants shall be jointly and severally liable to comply with all terms and conditions herein.

VI. STUB EXTENSIONS
For Applicant(s) receiving allowances, stub costs are refundable only to the extent the allowances generated by stub extensions exceed the main to meter installation costs, and only for ten years from the date of the stub installation. Refunds will be made without interest, and no refund will be made in excess of the amount advanced.

VII. AUTHORIZED SIGNATURE
If Applicant is a corporation, partnership, joint venture, or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture, or individuals as the case may be.

My signature below represents my agreement and acceptance of the Project confirmation, Exhibit A and Southern California Gas Company's General Conditions For Line Extension. I acknowledge and agree that SoCalGas's cost estimates and allowances, if applicable, for this Project were based on information provided by me or my authorized representative. I further acknowledge and agree that my signature represents my/my company's agreement and understanding that subsequent changes in Project scope may affect the installation price and further, that if allowances have been granted, an additional contribution may be required if the future loads on which the allowances were based do not materialize.

APPLICANT: CITY OF BANNING
By: Address:
(Future bills, refunds, and correspondence will be
mailed to the address provided)
_______________________________________
(Authorized Signature)
________________________________________
________________________________________
_______________________________________
(Print Name)
________________________________________
Title: Telephone:
________________________________________ ________________________________________ Date: Social Security or Federal Tax ID No.
________________________________________ No._____________________________________ 625
PLEASE PAY THIS AMOUNT 603691.46
Date Mailed
02/27/2025
Project ID 00000286304
Application Date 01/30/2024
Exhibit A

COST AND ALLOWANCE CALCULATION (ESTIMATES)
(x) Trenching by Company (x) Gas Only Trench
(x) Backfill by SoCalGas
$ 486847.95 -$ 0.00 -$ 0.00 = $ 486847.95
Project Cost * Site Preparation Allowance Applied
Advance Required (Refundable) $ 0.00
Advance Required (Non-Refundable) $ 486847.95
ITCCA (CIAC Tax) $ 486847.95 X 24 % = $116843.51
Payment Received $ 0.00
Total Amount Due $ 603691.46
* Site preparation reimbursement for applicant provided trench will be treated per Tariff Rules 20 &amp; 21 and payments, if any, will be based on the agreed upon price per foot times the actual footage of the trench used.

Form 3905-D, Effective 09/05 Line Extension Contract #: 00000286304-1 Date Mailed
02/27/2025
If paying online, go to www.socalgas.com/exhibitA. If paying by mail or in person, detach and return this portion with your payment.

THIS BILL IS NOW DUE AND PAYABLE

CITY OF BANNING
176 E. LINCOLN ST
BANNING, CA 92220
NBMS Project ID 00000286304-1
9200028630401000006036914640000 92 000286304 4
626
627

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: March 25, 2025
SUBJECT: Report on Agenda Formatting Request and Public Comments RECOMMENDATION:

Receive and file.

BACKGROUND:

On February 25, 2025, the City Council requested the City Clerk's Office research the ability to put page numbers onto each item on the agenda and directed staff that public comments received under correspondence are to be read into the record.

JUSTIFICATION:

The City Clerk's Office has concluded this research, and we are unable to add page numbers to each item on the agenda. The company reports there is a feature request already in progress on this topic and the feature may be available in the future.

City Clerk Vickie Sellers will read (aloud) all public comment received under correspondence into the record.

FISCAL IMPACT:

None
ALTERNATIVES:

There are no alternatives at this time.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 03 06_Granicus Feature Request.pdf
628
1 Caroline Patton
From: Granicus Customer Support <[email protected]>
Sent: Thursday, March 6, 2025 11:21 AM
To: Caroline Patton
Subject: Case Update: 07378991 - Wondering if this is possible [ ref:!00D46018MW9.! 500Vm0P7Wb9:ref ]
Case Update

Caroline,

Thank you for contacting Granicus Support.

Currently this is not possible. There is a Feature Request already in to our developers (which does not guarantee it's going to happen, but will let the developers know what clients are wanting for future updates).

Thank you,
Bridget Nicholson

Please visit our Granicus support portal and knowledge base at support.granicus.com to access training content and technical "howto's." You can also view the current status of Granicus applications and services by visiting status.granicus.com.

ref:!00D46018MW9.!500Vm0P7Wb9:ref-#SLAE#

--------------- Original Message ---------------
From: Caroline Patton [[email protected]]
Sent: 3/6/2025 1:29 PM
To: [email protected]
629
2 Subject: Wondering if this is possible
Our board is wondering if it’s possible to paginate our agenda packets? This would mean the front agenda page would have dots leading to the page number (as shown below). Is this even doable? Caroline Patton, MPA, CMC
Administrative City Clerk
City of Banning
Office. 951-922-3102
Fax. 951-922-3128
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
The information contained in this email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, if you have received this communication in error, please notify us immediately by telephone. Thank you. 630

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: March 25, 2025
SUBJECT: Consideration of Resolutions 2025-41, 2025-02 UA, and 2025-02 SA, Approving the Citywide Proposed Mid-Cycle Budget for Fiscal Year 2024- 25 RECOMMENDATION:

Adopt Resolutions 2025-41, 2025-02 UA, and 2025-02 SA.

BACKGROUND:

Each year in February or March, staff brings an updated mid-year budget that sets expectations for the ending financial results of the City.

JUSTIFICATION:

Our proposed budget is located at the following link:
https://banningca.opengov.com/transparency#/139399/accountType=revenuesVersusExpenses&embed=n&breakdow A summary is also attached below. Staff is working to identify any additional reductions to close the deficit and will bring any changes to Council for the meeting.

FISCAL IMPACT:

Staff has been able to close the shortfall in the General Fund to $533 thousand. Each year there remains unexpended budget. Last year the city came in around $600 thousand better than the mid-year budget.

This budget should result in actual results near breakeven for FY 2024-25.

Staff would like to discuss challenges and potential solutions:

Electric Enterprise (originally discussed with Council on August 15, 2023) General Fund (discussed with Council when presenting Citywide Forensic Investigation) Internal Service Funds (discussed with Council over the last couple of years and when presenting Citywide Forensic Investigation)
These same items were discussed by Urban Futures during the last City Council Meeting Development Opportunities (staff had anticipated future project revenues would ensure the continued success of the turnaround for the city)
Up To 1% Sales Tax Measure (could bring in around $4 million dollars per year at todays sales levels and is not solely paid by City residents)
Utility Users Tax Measure (if permitted for Municipal Utilities could add to General Fund revenues, but is only paid by municipal utility customers)
Golden Handshake (could help reduce salaries and benefits expenses, reduce budgeted positions, 631
and reclass positions to better suit needs)
CalPERS Actuarial Fresh Start (in combination with the Golden Handshake could help reduce impact of coming increases to the Unaccrued Actuarial Liability costs expected through 2034) ALTERNATIVES:

Provide direction and feedback.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-41, Midyear Budget 24-25.docx

2. Resolution 2025-02 UA, Midyear Budget 24-25.docx

3. Resolution 2025-02 SA, Midyear Budget 24-25.docx

4. FY 2024-25 Proposed Budget.pdf

5. City-Wide Cost Allocation Plan - Full Cost FY24 Actual Expenses - 12193 - 03.14.2025 - Allocation Results.pdf
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Resolution 2025-41

RESOLUTION 2025-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AND ADOPTING THE MID-YEAR 2024-2025 BUDGET FOR THE FISCAL PERIOD JULY 1, 2024, THROUGH JUNE 30, 2025, AND MAKING APPROPRIATIONS TO

MEET EXPENSES APPROVED THEREIN
WHEREAS, the Administrative Services Director prepared the Mid-Year budget plan for Fiscal Year 2024-25 which set forth all of the expected revenue of the City of Banning, and the recommended appropriations to meet the operating and capital expenses for all City of Banning funds; and
WHEREAS, the Mid-Year budget for Fiscal Year 202425 of the City of Banning has been submitted to this Council, and said budget has been considered and, is in form and substance satisfactory to this Council; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and interfund transfers, without the consent of the City Manager; and WHEREAS, the City may transfer appropriations, between departments and within their respective funds, as long as those appropriations do not exceed their fund total unless approved by Council; and
WHEREAS, the City requires public improvements, and a capital improvement program (CIP) which allows for the planning, financing, and prioritizing of said improvements; and WHEREAS, the City departments may not hire in excess of the approved number of positions in the job classification as indicated by the budget detail without the consent of the City Council; and
WHEREAS, it is essential that the City of Banning adopt a budget plan establishing the revenues and expenditures for all of its governmental, proprietary and fiduciary funds in accordance with the adopted budget and fiscal policies.

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

SECTION 1. The Mid-Year Budget for the City of Banning, for fiscal period July 1, 2024, through June 30, 2025, as summarized in the fund summary, is hereby approved and adopted in the form on file with the City Clerk.

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 of original resolutions. 633
Resolution 2025-41