Banning City Council
July 8, 2025

ORDINANCE 1610

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,

ADOPTING THE FIRE HAZARD SEVERITY ZONES WITHIN THE CITY

OF BANNING BASED ON MAPS PROVIDED BY THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION BY
AMENDING THE BANNING MUNICIPAL CODE SECTION 8.16.020 AND CHAPTER 15.28
WHEREAS, California Government Code Section 51178 establishes the responsibility of the State Fire Marshal to identify areas within the state as Moderate, High, and Very High Fire Hazard Severity Zones, based on consistent statewide criteria and the severity of fire hazards expected to prevail in those areas; and WHEREAS, California Government Code Section 51175 requires California Department of Forestry and Fire Protection (CAL FIRE) to evaluate fire hazard severity within Local Responsibility Areas and to identify where the Very High Fire Hazard Severity Zones exist; and
WHEREAS, Senate Bill 63 (2021) expanded the State Fire Marshal’s evaluation requirements to include Moderate and High Fire Hazard Severity Zones within the Local Responsibility Areas; and
WHEREAS, the Fire Hazard Severity Zone maps have been updated to more accurately reflect the zones in California that are susceptible to wildfire, utilizing the Fire Hazard Severity Zone model established by the Office of the State Fire Marshal; and WHEREAS, pursuant to Government Code Section 51178.5, the City of Banning made the updated Fire Hazard Severity Zones map available for public review and comment within thirty (30) days of its receipt on March 24, 2025; and WHEREAS, pursuant to Government Code Section 51179(a), the City is required to adopt the updated Fire Hazard Severity Zones map by ordinance within one hundred twenty (120) days of its receipt on March 24, 2025; and WHEREAS, the City Council hereby designates the Fire Hazard Severity Zones as required by CAL FIRE pursuant to Government Code Section 51178; and WHEREAS, the Local Responsibility Area Fire Hazard Severity Zones map, as updated by CAL FIRE and the Office of the State Fire Marshal, is hereby incorporated by reference; and
WHEREAS, the Fire Hazard Severity Zones Map will be located electronically on the City’s website at www.ci.banning.ca.us and maintained in the Office of the Fire Marshal.
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Ordinance 1610

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BANNING DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. CEQA. The City Council finds that the proposed actions are not a project subject to the California Environmental Quality Act (“CEQA”). (State CEQA Guidelines, § 15060(c)(3).) Section 15378 of the State CEQA Guidelines provides that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not qualify as a project subject to CEQA.

Here, the proposed actions constitute an organization or administrative activity that will not result in direct or indirect physical changes in the environment because it involves the designation of FHSZs in the Local Responsibility Areas as recommended by the Office of the State Fire Marshal and amendments to the City’s Fire Code SECTION 3. REPEAL FIRE DISTRICTS, CHAPTER 15.28. Chapter 15.28 of the City of Banning Municipal Code, titled “Fire Districts,” is hereby repealed in its entirety.

SECTION 4. AMEND FIRE PROTECTION CODE, CHAPTER 8.16. Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas) of Section 8.16.020 - Amendments to California Fire Code, is hereby repealed and amended as follows:
…
CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN

INTERFACE AREAS
Fire Hazard Severity Zones Map
In accordance with Government Code Sections 51175
through 51189, the Moderate, High, and Very High Fire
Hazard Severity Zones designated by the California
Department of Forestry and Fire Protection, as shown on the Fire Hazard Severity Zones map dated March 24, 2025, and retained on file at the office of the Fire Chief, are hereby adopted by reference. This map supersedes any previously adopted Fire Hazard Severity Zones or related maps within the jurisdiction of the City of Banning.
…
All other remaining provisions of Section 8.16.020 shall remain unchanged and continue in full force and effect.
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Ordinance 1610

SECTION 5. CONFLICTING PROVISIONS REPEALED
Any provision of the City of Banning Municipal Code, or any ordinances or resolutions, that conflict with this Ordinance is hereby repealed to the extent of such conflict.

SECTION 6. EFFECTIVE DATE OF ORDINANCE
That this ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.

SECTION 7. CERTIFICATION
That the City Clerk shall certify the passage of this Ordinance and shall cause the same to be published according to law.

INTRODUCED at a regular meeting of the City Council on June 24, 2025, and PASSED, APPROVED, and ADOPTED by the City Council on July 8, 2025.

PASSED, APPROVED AND ADOPTED this 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
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Ordinance 1610

CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1610 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 24th day of June, 2025, and was duly adopted at a regular meeting of said City Council on the 8th day of July, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
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Chapter 8.16 - FIRE PROTECTION CODE
Footnotes:
--- (2) ---
Editor's note— Section 2 of Ord. No. 1503, adopted Dec. 12, 2016, repealed and replaced in its entirety ch. 8.16 to read as herein set out. Former ch. 8.16 pertained to the same subject matter, consisted of §§ 8.16.010—8.16.050 and derived from the 1965 Code; Ord. 1380; and Ord. No. 1468, adopted Feb. 11, 2014.

8.16.010 - Application and adoption of the California Fire Code.

Except as stated in this section or as amended below in section 8.16.020 of this chapter, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City of Banning. In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted: Chapter 1 (excluding Sections 103.2 and 109.3), Chapters 3 and 25, and Sections 403.12, 503, 510.2, and 1103.2. (Ord. No. 1503, § 2, 12-12-16; Ord. No. 1555, § 1, 12-10-19; Ord. No. 1586, § 2, 11-8-22)

8.16.020 - Amendments to California Fire Code.

The codes, chapters, standards, and appendices are amended as specifically set forth in the following chapters herein:

CHAPTER 1. SCOPE AND ADMINISTRATION
Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence, or paragraph of this code or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this code which can be given effect without the invalid provision or application, and to this end, the provisions of this code are hereby declared to be severable.

Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply. 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet (334 m ) or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this code. Under the Fire Chief's direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Banning pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this code and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff. 2 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5 Officers of the California Highway Patrol.

3.6. Code Officers of the City of Banning Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.

Sections 104.7 and 104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.7 Liability. Any liability against Riverside County or the City of Banning or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

Section 104.13 is added to Section 104 of the California Fire Code to read as follows:
104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, "hazardous fire area" shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

Section 105.3.1 of the California Fire Code is amended to add the following language:
105.3.1 Expiration. An operational permit shall remain in effect for a period of one (1) year (365 days), unless otherwise reissued, renewed, or revoked, or for such a period of time as specified in the permit and as specified in writing by the Fire Code Official.

Section 107.2 of the California Fire Code is deleted in its entirety and replaced with the following:
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107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Banning fee schedule.

Section 107.7 is added to Section 107 of the California Fire Code to read as follows:
107.7 Cost recovery. Fire suppression, investigation, rescue, or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally, or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150 et seq., as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

Section 108.2 of the California Fire Code is amended to add the following language:
108.2 Inspections. The Fire Code Official shall issue an annual permit for a building, structure, and operations therein.

Section 111.1 of the California Fire Code is deleted in its entirety and replaced with the following:
111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

Section 112.4 of the California Fire Code is deleted in its entirety and replaced with the following:
112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Banning ordinances and fee schedules and Health and Safety Code Sections 17995 through 17995.5.

CHAPTER 2. DEFINITIONS
The definition of "Fire Chief" in Section 202 of the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee. 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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CHAPTER 3. GENERAL REQUIREMENTS
Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lander or similar device.

CHAPTER 5. FIRE SERVICE FEATURES
Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations
Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard - one (1) four (4) inch outlet and one (1) two and half (2½) inch outlet. 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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2. Super Hydrant Standard - one (1) four (4) inch outlet and two (2) two and one half (2½) inch outlet.

3. Super Hydrant Enhanced - two (2) four (4) inch outlet and one (1) two and one half (2½) inch outlet.

Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet (27871 m ) in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.

Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

Section 508.1.3 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet (27871 m ) in area shall be a minimum of 96 square feet (9 m 2 ) with a minimum dimension of 8 feet (2438 mm).

Section 508.1.6 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet (27871 m ) in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features. 2 2
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Section 508.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.7 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating, "Fire Dept. Command Center," located on the door to the fire command center.

Section 509.2.1 is added to Section 509.2 of the California Fire Code to read as follows:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

CHAPTER 6. BUILDING SERVICES AND SYSTEMS
Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

CHAPTER 9. FIRE PROTECTION SYSTEMS
Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet (334 m ) or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 - 903.2.20 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet (511 m ), and having setback distances of 50 feet (15 m) or more from the property line and other buildings.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses. 2 2
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3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Detached Group U occupancy greenhouses less than 5,500 square feet (511 m ).

5. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with twodwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90 percent of the water supply capacity.

CHAPTER 32. HIGH-PILED COMBUSTIBLE STORAGE
Section 3204.2.1 is added to Section 3204.2 of the California Fire Code to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. 2 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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a.
b.

CHAPTER 49. REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Section 4904.4 is added to Section 4904 of the California Fire Code to read as follows:
4904.4 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009, and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas.
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APPENDIX B
Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)
Duration in Table B105.1(2) at
the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.

The reduced fire-flow shall be not less than 1,000 gallons per minute.

The reduced fire-flow shall be not less than 1,500 gallons per minute. a
b
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APPENDIX C
Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections." (Ord. No. 1555, § 1, 12-10-19; Ord. No. 1586, § 2, 11-8-22; Ord. No. 1595, § 2, 9-12-23) 6/12/25, 11:57 PM Banning, CA Code of Ordinances
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A.

B.

C.

A.

B.

Chapter 15.28 - FIRE DISTRICTS

15.28.010 - Fire zones generally.

The fire districts shall be known and designated as Fire Zones One, Two and Three. Such zones shall include the territory or portions of the city described in the following section and as illustrated, outlined and designated on a certain map on file in the office of the city clerk for the application of the regulations included in the California Building Code adopted by Section 15.08.010. (Code 1965, § 6-09.01.)
(Ord. No. 1555, § 21, 12-10-19)

15.28.020 - Description of fire zones.

Fire Zones One, Two and Three of the city are hereby created and established as follows:

Fire Zone One. None established;
Fire Zone Two. Fire Zone Two shall consist of all that territory in this city included in the following boundaries:

Beginning at the intersection of Murray Street and Livingston Street; north along the centerline of Hays Street to the centerline of Third Street; south along the centerline of Third Street to the centerline of Livingston Street; east to the centerline of Murray Street, being the point of beginning;
Fire Zone Three. Fire Zone Three shall consist of all that certain territory in this city lying outside of Fire Zone Two.
(Code 1965, § 6-09.02.)

15.28.030 - Restrictions related to fire zones.

The restrictions in Fire Zones One, Two and Three shall consist of and be the restrictions provided for in the California Building Code adopted by Section 15.08.010 except as hereby specifically amended.

Notwithstanding any contrary provisions of this Code, including provisions of the California Building Code as adopted or as amended, it shall be unlawful for any person, firm or corporation to erect, construct, or move in any building or structure in the city unless the same is provided with a fire-retardant roof covering as defined in section 3203(e) of the California Building Code 1979 Edition, or a roofing material designated as Class A or B by a testing laboratory which has 6/12/25, 11:54 PM Banning, CA Code of Ordinances
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C.
been approved by the superintendent of building safety and the fire chief of the fire department as a testing agency that is regularly engaged in conducting test Class A or B roofing. No wood roof-covering of any type shall be permitted within the city limits.

It shall be unlawful for any person, firm or corporation to make any alterations, repairs, improvements or additions to any building or structure in the city involving the removal, repair, replacement or installation of roofing material on more than fifty percent of the roof of such structure or building within any twelve-month period unless the roof area so altered, repaired, improved or added to is provided with a roof or roof covering as provided in subsection A of this section.
(Code 1965, § 6-09.03.)
(Ord. No. 1555, § 22, 12-10-19)
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Michelle Green, Interim Administrative Services Director MEETING DATE: July 8, 2025
SUBJECT: Public Hearing on Vacancies to Comply with Assembly Bill 2561 RECOMMENDATION:

Hold a public hearing; and Receive and file this report in compliance with AB 2561.

BACKGROUND:

Description This item is being presented in response to Assembly Billy 2561 (AB 2561), signed into law by Governor Newsom on September 22, 2024, in response to new transparency requirements related to staffing vacancies. AB 2561 mandates that public agencies hold at least one public hearing each fiscal year before the adoption of their budgets to report on vacancy levels, evaluate hiring and retention efforts, and allow for participation by recognized bargaining groups. This report includes workforce data for the 2024 calendar year, along with the most current staffing status as of June 1, 2025.

JUSTIFICATION:

The legislative intent of AB 2561 declares the following:

1. Job vacancies in local government are widespread and a significant problem for the public sector affecting occupations across wage levels and education requirements.

2. High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbates staffing challenges.

3. There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.

To mitigate these impacts, the law requires agencies to:

1. Report annually on vacancies, recruitment activity, and retention strategies;

2. Identify any policies or practices that may hinder hiring or retention;

3. Provide recognized bargaining groups an opportunity to present during the public hearing; and

4. If any bargaining group vacancy rate reached or exceeds 20% of authorized positions, provide additional data upon request, including applicant volume, hiring timelines, and efforts to improve compensation, benefits, and working conditions.

Failure to comply with AB 2561 may result in an unfair practice charge. Agencies are obligated to present vacancy information annually or, under certain circumstances at the employee organization’s 761
request. Employee organizations are allowed to present to the City Council when the vacancy report is presented.

Workforce Overview:

As of June 1, 2025, the City has 249.7 full-time equivalent (FTE) budgeted positions and 7 are elected or appointed officials. Of the remaining 242.7 FTE’s 90.65% are represented by bargaining groups. The City’s overall vacancy rate is 17.92%.

Vacancy rates are calculated as follows: Vacancy Rate (%) = (Number of Vacant Positions in an employee group / Total Number of Authorized Positions) X 100. The following table summarizes the City’s vacancy rate by employee group as of June 1, 2025.

Represented Employee Groups
FTE's
Budgeted/Filled
Vacancies Vacancy Rate
IBEW General Unit 75 19 20.21
IBEW Utility Unit 43 4 8.51
Banning Police Officer's Association
(BPOA)
29 7 19.44
Banning Police Management
Association (BPMA)
3 0 0
Teamsters Local 1932 31 9 22.50
Unrepresented Employee Groups
PT Police Cadets, Seasonal 14.20 2.5 14.97
Executive Contracts 4 2 33.33
TOTAL: 199.20 43.50 17.92
Vacancies:

IBEW General
1 Customer Service Representative – On hold, budget
2 Accounting Specialist, Accounts Payable – On hold, budget 1 Code Enforcement Supervisor – Open recruitment
2 Public Safety Dispatcher – Open recruitment
1 Animal Control Officer – Pending position reclass
1 Community Services Officer – Pending position reclass 1 Police Records Technician I – On hold, budget
1 Building Permit Technician – Application in review
1 Work Release Crew Leader – On hold, budget
1 Parks Supervisor - Pending department review
1 Management Analyst – On hold, budget
1 Maintenance Worker I/II – On hold, budget
1 Accounting Specialist, Payroll - Pending testing
1 Executive Secretary (reclass from Asst. City Mgr.) - Position offered 2 Case Manager - Hold pending Opportunity Village status 762
IBEW Utility:
1 Backflow/Locator Specialist – Pending position reclass 1 Water Crew Supervisor – Pending recruitment
1 Wastewater Collection System Technician I – Pending recruitment 1 Public Benefits Analyst – Pending recruitment
Teamster Local 1931
1 Communication Manager
1 Grants Manager
1 Homeless Services Director
1 Planning Manager – Starting in June
1 Building Official – Applications in review
1 Sr. Building Inspector – On hold, budget
1 Sr. Civil Engineer – On hold, budget
1 Deputy Finance Director - Open recruitment
1 Finance Manager - Pending position reclassification
BPOA:
6 Police Officers – Open recruitment
1 Police Sergeant – Open recruitment
Unrepresented
1 City Manager, Executive Recruitment – Pending council direction 1 Administrative Services Director – Pending position reclassification 1 - 0.5 PT Police Cadet On hold, budget
2 - 0.5 Bus Drivers – Open recruitment
2 - 0.5 PT Case Managers - Hold pending Opportunity Village status Vacancies within the City arise from a range of factors including retirement, internal promotions, resignations, and terminations. Since January 1, 2024, the City has hired 50 full-time positions and 16 part-time positions. Human Resources staff managed 67 recruitments and reviewed 4,106 applications, demonstrating consistent interest in City employment opportunities.

Employee Separations:

Since January 1, 2024, 46 full-time equivalent employees have separated from the City. The reasons for departure were as follows:
8 employees retired
11 employees were involuntarily separated
15 employees left for other municipal positions offering higher pay or promotional opportunities 3 employees left the State
1 employee left due to the commute
9 employees left for the private sector
Employee Retention:

Employee retention remains a central focus of the City’s workforce strategy. The City has implemented several initiatives designed to improve employee satisfaction, promote longevity, and enhance professional growth. These efforts include:

Monthly and/or quarterly meetings with represented labor groups Enhanced employee recognition programs
Ongoing professional development through in-person and online training programs through various professional organizations
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Implementation of a succession plan/career development plan Contract awarded for Classification and Compensation Study, including an organizational assessment
As part of its workforce planning and in alignment with AB 2561, the City continues to assess internal practices and workforce conditions to identify and address recruitment and retention challenges. Current areas of focus include:

Exploring new advertising methods and platforms, particularly hard-to-fill positions in which local talent is scarce.

Ensuring compensation and benefits remain competitive within the region Reviewing recruitment best practices and improving the onboarding experience The ongoing self-assessment helps the City become an employer of choice, supports organizational resilience, and ensures the effective delivery of public services.

The City is committed to maintaining a skilled and resilient workforce and to comply with the requirements of AB 2561. This report and public hearing fulfill the requirements of AB 2561 and we will be working to bring all represented bargaining units are below the 20% vacancy threshold. The City will continue to monitor staffing trends, address recruitment challenges, and invest in workforce development.

FISCAL IMPACT:

The cost to prepare this staff report is estimated to be $300.

ALTERNATIVES:

None
BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Affidavit of Public Hearing
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765

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: July 8, 2025
SUBJECT: Consideration of (1) Resolution 2025-106, Approving the Banning Commerce Center Project by Sansone Group, Including a Design Review Application, Case DR 21-7017, for the Construction of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Generally Located North of the I-10 Freeway/E. Ramsey Street, East of N. Hathaway Street and Bisected by Wilson Street ("Project Site") and a Tentative Parcel Map Application, Case TPM 38576, for the Subdivision of the 131.28-acre Project Site into Three Numbered Lots for Private Development Improvements and Four Lettered Lots for Right-of-Way and Other Improvements; (2) Resolution 2025-107, Certifying the Environmental Impact Report (SCH No. 2022090102), Adopting Findings and a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Banning Commerce Center Project Consisting of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Located on the Project Site; and (3) Introduction and First Reading of Ordinance 1611, Approving a Development Agreement By and Between the City of Banning and JDJN Enterprises, LLC, a Missouri Limited Liability Corporation RECOMMENDATION:

1. Adopt Resolution 2025-106.

2. Adopt Resolution 2025-107.

3. Introduce and conduct first reading of, by title only, Ordinance 1611: AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF BANNING AND JDNJ ENTERPRISES, LLC, A

MISSOURI LIMITED LIABILITY CORPORATION
BACKGROUND:

Note: This project was previously considered in May 2025 and the Council's decision during that time is proposed for rescission as a separate agenda item on July 8, 2025. This will be a de novo hearing and decision.

Project Location:

The Site is located in the eastern portion of the City of Banning, and is generally bounded by Interstate 10 and Ramsey Street to the south with the Banning Municipal Airport located further south of I-10; vacant land and the California Highway Patrol (CHP) Banning West Weigh Station to the east; and vacant lands to the north and west. Immediately north of the Project site is Morongo Band of Mission Indians Tribal Land. The Site is located east of the intersection of Hathaway Street and Morongo Road 766
and the Site’s development involves improving and extending Wilson Street from this intersection, requiring a realignment of Morongo Road further north on Hathaway Street. The Site comprises eight Assessor’s Parcel Numbers (APNs) totaling 131.28 acres: 532-030-008, 532-030-009, 532-080-008, 532080-010, 532-090-026, 532-090-028, 532-090-030, 532-110-015 (“Project Site”).

Proposed Applications:

The applications that have been filed in conjunction with this project and the scope of the City Council’s review are the following:

Design Review, Case DR 21-7017 for the construction of one concrete tilt-up speculative industrial building of approximately 1,320,284 square feet, with approximately 39,600 square feet of office space and 1,312,284 square feet of warehousing on the 131.28-acre Project Site. The location of office space within the speculative warehouse building is not currently known, however, it would likely be located on the southwestern or southeastern corners of the building. For the purposes of the Environmental Impact Report (EIR) and the analyses contained therein, it is assumed that the Project would consist of approximately 640,200 square feet of warehousing and approximately 640,200 square feet of high-cube fulfillment uses. The City Council shall review the Design Review application for conformance to the criteria listed in Banning Zoning Ordinance (BZO) Section

17.56.050.

Tentative Parcel Map, Case TPM 38576, for the subdivision of the 131.28-acre Project Site. The Tentative Parcel Map establishes road rights-of way, Project development areas, public infrastructure locations, and easements for various public facilities. The TPM proposes seven (7) new parcels (including four lettered and three numbered lots), consisting of a variety of industrial and civic uses, lot types and sizes ranging from 1.34 acres to 89.5-acres, common open spaces, and circulation, access easements and other public improvements. The proposed map furthers the objectives and policies of the General Plan in that 89.5 acres of the project area is dedicated to industrial development and related site improvements, and 17.23-acres will be dedicated to new right-of-way improvements consistent with the Circulation Element. The City Council shall review the Tentative Parcel Map application for conformance to the criteria listed in Banning Municipal Code Title 16.14.030.

Development Agreement is proposed to specify terms and obligations between the developer and City, including public benefit fees, land dedication, term for development and other items specific to the Project. The terms are described in more detail later in this report. The City Council shall review the Development Agreement application for conformance to the criteria listed in BZO Section 17.60.030(C).

In addition to the above, due to the project’s proximity to the Banning Municipal Airport, the Project is subject to review by the Riverside County Airport Land Use Commission (ALUC). The site is located within Airport Compatibility Zone D of the Banning Municipal Airport Influence Area (AIA), requiring an ALUC determination of consistency with the County’s Airport Land Use Compatibility Plan. On April 1, 2025, the ALUC Director determined the project is consistent with their Plan, subject to the City applying conditions to its approval (Letter Attached). These conditions are included in the draft conditions of approval attached to this report.

Other City permits required for the Project may include, but are not limited to: issuance of encroachment permits for driveways, sidewalks, and utilities; security and parking area lighting; demolition permits; building permits; grading permits; tenant improvement permits; and permits for new utility connections.

Planning Commission Action:

On March 5, 2025, the Planning Commission voted 3-2 and adopted Resolution 2025- 04 recommending the City Council approve the Project applications and certify the EIR. In addition to the conditions recommended by staff, the Planning Commission conditioned this recommendation on the following:

1. Negotiate with City Attorney on concerns on development agreement, including Community Facilities District (CFD), Development Impact Fee (DIF) credits, and other concerns.

2. Improve Hathaway Street to four lanes with parking (or wide shoulder) on the west side of the 767
street and turn pockets at each intersection.

3. The Developer shall do their best efforts to do local hiring.

Additional discussion on these conditions is provided later in this report.

Comments from Planning Commissioners opposed to the motion included the following:

1. Non-compliance with the Criteria Cell and Special Linkage requirements of the Multiple Species Habitat Conservation Plan (MSHCP)

2. Missing decision from ALUC

3. Concern with inadequate information on cumulative traffic impacts due to the cumulative project list not including the occupancy of the warehouse at 200 John Street The Applicant has provided a response to these items in a response letter attached to this report.

Existing Conditions:

The Project site consists of vacant, mostly undeveloped land that contains non-ornamental vegetation.

The western portion of the Project site contains a 5-acre stockpile that is approximately 15 to 20 feet in height. The material originated during the grading of the adjacent site to the west. Additionally, there is an existing Southern California Edison (SCE) 112-kilovolt (kV) transmission line that bisects the Project site in a southwest-northeast manner. An unpaved access/utility road exists to serve this transmission line. Additionally, there is an unpaved road that runs east-west along the northern portion of the Project site.

The Project site is gently sloping and does not contain drastic elevation changes over short distances.

Project site elevations range from approximately 2,325 feet above mean sea level (AMSL) at the northwest corner of the Project site near the intersection of Hathaway Street and Morongo Road, and approximately 2,152 feet AMSL at the southeast corner of the Project site. There is approximately 173 feet of elevation difference across the Project site and the average site gradient is approximately 3.8 percent. The existing drainage pattern for the Project site is characterized by sheet flows across the Project site towards the southeasterly corner of the Project site. Runoff is captured by an existing earthen ditch on the southern boundary of the Project site and is conveyed easterly into the California Department of Transportation (Caltrans) right -of-way. The Project site lies within the San Gorgonio River Watershed and ultimately discharges into the Salton Sea.

Analysis – Development Applications:

The Banning Commerce Center Project the development of approximately 1,320,284 square feet of warehouse building (including office space) within one concrete tilt-up building. The Project also proposes associated facilities and improvements of the Project Site including on-site parking, loading docks, landscaping, and other related onsite and off- site improvements. A sewer lift- station is required on the southwesterly portion of the site (Lot “D” of the Tentative Parcel Map) and an electrical substation may be constructed on the northwesterly area of the project site (north side of Wilson Street extension on Lot “C” of the Tentative Parcel Map).

Zoning. The property is located within the Business Park Zone. Pursuant to the permitted uses table in BZO Section 17.12.020, warehousing is permitted as a by-right use. The building complies with standards in 17.12.030, including building height (50 -ft. maximum and 50-ft. proposed), required setbacks (10-ft. minimum front and 254-ft. proposed), and lot coverage (60% maximum and 34% proposed).

Site Access, Project Circulation and Parking. Regional access to the Project would be provided from I10. Local access would be provided via East Ramsey Street, Hathaway Street, Wilson Street, and Nicolet Street. Project site ingress and egress for the Project building would be via two driveways: one 44-foot wide driveway at the intersection of Nicolet Street and O’Donnell Street and one 52-foot wide driveway along Wilson Street. The Project access point along Wilson Street would be signalized. The Project access points from Nicolet Street and O’Donnell Street would be unsignalized. While not considered as part of the Project, the City has currently proposed a roadway alignment on the eastern 768
portion of the Project site for the future alignment of Cottonwood Road. This road would connect the Project to a proposed interchange with I-10. At such a point when the proposed interchange and roadway are constructed, there would be additional regional access to/from the Project site. Emergency access to the Project site would be provided by the proposed driveways located at the intersection of Nicolet Street and O’Donnell Street and at the driveway along Wilson Street.

Based upon a site-specific parking analysis for the various occupancy types proposed for the site, Banning Municipal Code Section 17.12.110 requires a total of 802 parking stalls for the Project site.

Parking stalls would be provided in a combination of 805 passenger vehicle parking stalls, consisting of a combination of standard auto stalls, ADA stalls, and electric vehicle (EV) charging stations. Specifically, 614 standard stalls, 17 Americans with Disabilities Act (ADA) stalls, 3 ADA van stalls, and 171 electric vehicle (EV) stalls to include a combination of standard EV, EV ADA, EV ADA Van, and ambulatory EV stalls will be provided. Parking for 82 bicycles would also be provided on site. Additionally, 270 truck trailer parking stalls (including dock doors and surface parking) are proposed at the building and 205 truck trailer parking stalls are proposed on the Project site north of Wilson Street. The Project would exceed the City requirement of 802 standard stalls by 3 standard parking stalls.

In addition to the improvements located on the Project site, the Applicant will improve the Project frontage with full- or half-width roadway improvements for the functional classification of the roadways.

Improvements would include roadway paving, curb and gutter, sidewalk, lighting, landscaping, underground utility infrastructure (water, sewer, electrical, storm), and striping as follows:

Wilson Street. The Project will be required to construct half-width improvements of Wilson Street along the Project frontage from Hathaway Street to the intersection of Wilson Street and O’Donnell Street. The remaining half of Wilson Street along this segment is to be constructed by others. The Project will construct fullwidth improvements of Wilson Street from the intersection of Wilson Street and O’Donnell Street to the eastern extent of the easternmost driveway along the Project’s northern portion
O’Donnell Street. The Project will require constructing half -width improvements of O’Donnell Street along the Project frontage from Nicolet Street to the intersection of Wilson Street and O’Donnell Street. The remaining half of O’Donnell Street along this segment is to be constructed by others.

Nicolet Street. An additional access road consisting of the extension of Nicolet Street from Hathaway Street to O’Donnell Street, will be required to comply with Fire access requirements.

The Project Site includes frontage on its easterly side for the future Cottonwood Road, which will be required as part of the realignment of the Ramsey Street/I-10 interchange. However, improvement of this street is not required at the time of the development of the Project.

Storm Drainage and Water Quality. The storm drain infrastructure to be constructed by the Project would be installed as part of the roadway improvements of O’Donnell Street and Wilson Streets along the Project frontages. These storm drains would be conveyed into the existing City of Banning storm conveyance infrastructure. In addition, on-site storm water retention infrastructure, including storm catch basins, underground conveyance, a concrete reinforced drainage swale on the northern Project boundary, and detention basins located on the southern and northern portions of the Project site would be constructed to intercept and retain the 100 -yr 3-hour stormwater flows pursuant to the City of Banning Municipal Code Section 13.24.110. A total of six detention basins are proposed on the Project site and have the capacity to detain 21.76 acre-feet of storm flows on the Project site. A drainage swale is proposed along the northern boundary of the Project site which would intercept and convey off-site sheet flows and shallow concentrated flows from the north to the east then south along to eastern boundary of the Project site. These flows would be conveyed into existing Caltrans stormwater infrastructure located at the CHP Banning West Weigh Station.

Grading Improvements. Retaining walls would be constructed onsite to address the approximately 173- foot elevation change across the Project site. These retaining walls would be located on the northwest, north, south and southeast portions of the Project Site, with wall heights ranging from 2 to 10 feet. It is 769
anticipated that a net import of 250,000 CY of earthwork will be required for the implementation of the Project. As part of the grading required for the Project, the maximum depth of excavation would be approximately 40 feet below grade.

Electrical Infrastructure. Existing on-site SCE transmission lines would be relocated to accommodate the Project. These transmission lines would be rerouted and installed underground within the rights-of-way of O’Donnell Street and Wilson Street as part of the off-site roadway improvements along the Project frontages. The undergrounding of above-ground electrical infrastructure would start at the intersection of Nicolet Street and O’Donnell Street, then northward along O’Donnell Street to the intersection of O’Donnell Street and Wilson Street, then eastward along Wilson Street to the eastern driveway along the northern portion of the Project site. At this point, the transmission line would daylight and continue along the proposed Wilson Street alignment to connect with the existing SCE transmission line at the northeast corner of the Project site.

Architecture. The proposed architectural design for the concrete, tilt-up building is a contemporary style of industrial building with variations in roof planes, wall planes, generous use of reveals to lend shading interest, glass windows with anodized aluminum trim, metal awning accents over entrances, and a pleasing and contrasting warm earth-tone paint palette. The variations in wall plane and roof plane movement are consistent with the City's Industrial Design Guidelines.

Landscaping. Irrigated landscaped areas would be constructed as part of the Project. Landscaping would include drought-tolerant shrubs, ground cover, and ornamental trees. The storm water basin(s) would be planted with grasses and shrubs tolerant of seasonal water inundation. Landscaping would be planted along Project frontages to provide screening from the public rights-of-way. Based upon comments received during the DEIR public review and comment period, a revised conceptual landscape plan for the project has been included in the Final EIR.

Other Off -Site Improvements. Recommendations made in the 2023 Traffic Analysis (FEIR Appendix K1) prepared for the Project are based on the minimum improvements needed to accommodate site access and maintain acceptable peak hour operations for the Project. Intersection improvements are recommended for seven intersections. For those improvements listed in Section 4.12 Transportation, Table 4.12-3 and not constructed as part of the Project, the Project Applicant’s responsibility for the Project’s contributions towards deficient intersections is fulfilled through payment of fair share contributions or fees that would be assigned to construction of the identified recommended improvements. The Project Applicant would be required to pay fair share and fees consistent with the City’s requirements.

A sanitary sewer lift station would be required to be constructed in order to serve the Project. However, this sanitary lift station would serve all other projects in the vicinity to the Project. As this area of the City has been identified by the City for development and was analyzed within the General Plan EIR, this new infrastructure would not have been previously unknown. Further, the lift station, and associated force main and gravity main would be constructed within already established ROW or within easements to be dedicated to the City on land previously disturbed. Further, this lift station is currently planned to be a public lift station and would not necessarily be implemented by the Project, however, the Project’s contribution to fair share funding and development impact fees would provide for the implementation of the lift station.

Hours of Operation and Employment. As the end-user of the Project is currently unknown and the ultimate Project use is speculative, it is assumed that the Project would operate 24 hours a day, seven (7) days a week. Likewise, it is assumed that approximately 2,841 employees would be employed on-site across three (3) shifts (947 employees per shift).

Analysis - Development Agreement:

California Government Code, §65864 through 65869.5, establish procedures for cities and counties to 770
enter into development agreements; BZO Chapter 17.60 implements the requirements of state law and specifies the required content and process for review and approval of development agreements.

Development agreements establish a vested right to proceed with development in conformation with the regulations in effect at the time of approval. This provides assurance to a developer that the project may proceed as originally approved, and not be affected by future changes in land uses regulations. In exchange for this assurance, the developer may agree to provide additional dedications, construction of public improvements, or other similar public benefits.

The proposed Development Agreement is included as an attachment to this report. Points that have been negotiated between the City and the Applicant are as follows:

1. Term of Agreement. The agreement has a term of fifteen (15) years with an option to extend five (5) years.

2. Vesting of Development Rights. As a material inducement to Developer and its lenders to continue with diligent efforts to promote the development of the Property, Developer shall have the vested right to develop the Project on the Site in accordance with the terms and conditions of the Project Approvals, this Development Agreement, and the Existing Development Regulations, and City shall have the right to control development of the Site in accordance with the provisions of the Project Approvals, this Development Agreement, and the Existing Development Regulations.

3. Subdivision Map Extension and Other Development Approvals. As permitted by Government Code § 66452.6, each subdivision or parcel map, heretofore or hereafter approved in connection with development of the Site or the Project shall be extended and shall remain in effect for the term provided by the Agreement. In addition, all subsequently adopted discretionary project approvals shall remain in effect for the term provided by this Development Agreement.

4. Development Impact Fees. Development Impact Fees (“DIF”) currently imposed are identified as applicable. Impact fees and sewer and water connection and capacity fees shall be those in effect at the time of the issuance of a building permit and due and payable by Developer prior to the issuance of the building permit for the building in question.

5. Ramsey Interchange Fee. Developer shall pay City a Ramsey Interchange Fee in the amount of Nine Million Dollars ($9,000,000) (“Ramsey Interchange Fee”) no later than two (2) years from the date of the ordinance approving the Development Agreement. If not paid within two (2) years, the fee shall be subject to CPI during the term of the agreement.

6. Electric Facilities Fee. The developer would pay $357,000 per megavolt-amperes (MVA), based on the requested electrical load prior to issuance of building permit.

7. Electrical Substation Land Dedication. The developer is offering to dedicate Lot "C" of the Tentative Parcel Map for electric facilities and receive credit from its impacts fee payments, based on an appraised cost, and if determined the land is still necessary after its appraisal.

8. Sanitary Lift Station Land Construction and Dedication. Developer shall construct a sanitary lift station (“Lift Station”) on lettered lot “D” on the proposed Tentative Parcel Map No. 38576 (“Lift Station Property”) subject to plans and specifications approved by the Public Works Director. City shall issue DIF Wastewater (Sanitary) credits in the amounts of (i) the cost of designing and constructing the Lift Station, and (ii) the FMV of the Lift Station Property (collectively, “Lift Station Costs”) which are in excess of the fair share of such costs attributable to the Project at full buildout as determined by the Public Works Director. Developer shall complete construction of the Lift Station prior to the issuance of the first certificate of occupancy for the Project.

9. Service and Facilities Components Required through the Formation of a Community Facilities District. After occupancy, the owner would pay $0.10 per square foot annually (with an annual CPI escalator) for use towards maintenance of public streets, public facilities and parks, and other related improvements and maintenance in the District.

The proposed agreement was reviewed by the Planning Commission at their meeting of March 5, 2025, and was recommended for approval by the City Council subject to conditions. The conditions included the following:

1. Negotiate with City Attorney on concerns on development agreement, including Community Facilities District (CFD), Development Impact Fee (DIF) credits, and other concerns. 771

2. Improve Hathaway Street to four lanes with parking (or wide shoulder) on the west side of the street and turn pockets at each intersection.

3. The Developer shall do their best efforts to do local hiring.

A revised development agreement is attached to this report and includes revisions made to the agreement based on the above conditions. The one exception is Item #2 and the extent of the required improvements to Hathaway Street. After evaluating the recommendation from the Planning Commission, the City Engineer determined that the requested improvements along Hathaway would be difficult to implement with existing constraints along this roadway. As a result, staff requested the applicant prepare an exhibit showing improvements to restrict truck entry into the residential areas located west of Hathaway and create an additional buffer via bike lane between traffic lanes and adjacent residential.

Staff recommends this alternative, depicted in an Exhibit of the Development Agreement, to the recommendation on Item #2.

Environmental Determination:

Environmental Impact Report. The proposed project is subject to the California Environmental Quality Act (CEQA). Based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the project. A Notice of Preparation (NOP) was subsequently completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comments on the Project’s potential impact(s) on the environment. The State Clearinghouse issued a project number for the project, SCH No. 2022090102. The 30-day public comment period for the NOP extended from September 2 to October 3, 2022. An electronic copy of the NOP was made available on the City’s website. Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts addressed in Chapter 4 of the Draft EIR. A Public Scoping meeting was held in person at the City of Banning Council Chambers and virtually via Zoom on September 20, 2022. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on September 2, 2022 providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting.

The Banning Commerce Center development project would result in construction and operational activities upon a currently undeveloped, vacant site. Such activities could potentially uncover Native American historical or archaeological resources unknown prior to ground disturbing activities; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) was conducted. On September 14, 2022 the City reached out to Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Morongo Band of Mission Indians (MBMI) requesting formal consultation with the City regarding the Development Project, and the Yuhaaviatam of San Manuel Nation (formerly known as the San Manuel Band of Mission Indians) with YSMN stating that the development project is outside of their ancestral territory.

A Notice of Availability (NOA) of the Draft EIR was provided to responsible and trustee agencies, as well as the organizations and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from June 17, 2024 to August 2, 2024 and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on June 17, 2024 to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR. During the public review and comment period, the City received 14 letters from Resource Agencies, Trustee Agencies, and other interested parties. The following comment letters were submitted to the City during the public review period:

State Agencies:

S1: California Department of Fish and Wildlife
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S2: South Coast Air Quality Management District
Tribal Governments:

T1: Morongo Band of Mission Indians
Local Agencies/Governments:

L1: Riverside County Flood Control and Water Conservation District Organizations:

O1: Advocates for the Environment
O2: California Native Plant Society
O3: Center for Biological Diversity
O4: Coalition for Californians Allied for a Responsible Economy O5: Golden State Environmental Justice Alliance
O6: Oswit Land Trust
O7: SC Wildlands
O8: SC Wildlands (2nd Letter)
O9: Stand Up for Mother Earth
The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project.

Less Than Significant Impacts. Of the 20 environmental factors analyzed in the Environmental Impact Report, specific categories associated with these factors were determined to be less than significant and were not further analyzed in the Draft EIR. The categories in these specific factors include:

Aesthetics (Thresholds 4.1-1, 4.1-2, 4.1-3, 4.1-4)
Agriculture and Forestry Resources (Thresholds 7.2-1, 7.2-2, 7.2-3, 7.2-4) Air Quality (Thresholds 4.3-4)
Biological Resources (Thresholds 4.4-4, 4.4-4)
Cultural Resources (Threshold 4.5-1)
Energy (Threshold 4.6-1, 4.6-2)
Geology and Soils (Thresholds 4.7-1(i), 4.7-1(ii), 4.7-1(iii), 4.7-1(iv), 4.7-2, 4.7-3, 4.7-4, 4.7-5) Hazards and Hazardous Materials (Thresholds 4.9-1, 4.9-2, 4.9-3, 4.9-4, 4.9-5, 4.9-6, 4.9-7) Hydrology and Water Quality (Thresholds 4.10-1, 4.10-2, 4.10-3, 4.10-4, 4.10-5, 4.10-6, 4.10-7,

4.108)
Land Use and Planning (Thresholds 4.11-1, 4.11-2)
Mineral Resources (Thresholds 4.12-1)
Noise (Thresholds 4.13-1, 4.13-2, 4.13-3)
Population and Housing (Thresholds 4.14-1, 4.14-2)
Public Services (Thresholds 4.15-1, 4.15-2, 4.15-3, 4.15-4, 4.15-5) Recreation (Thresholds 4.16-1, 4.16-2)
Transportation (Thresholds 4.17-1, 4.17-3, 4.17-4)
Utilities and Service Systems (Thresholds 4.19-1, 4.19-2, 4.19-3, 4.19-4, 4.19-5) Wildfire (Thresholds 4.20-1, 4.20-2, 4.20-4)
Less Than Significant Impacts with Mitigation. The following mitigation measures are feasible and are made binding through the Mitigation Monitoring and Reporting Program (MMRP) . Based on the analysis in the EIR, imposing mitigation measures will reduce potentially significant impacts to less than significant to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Transportation, Tribal Cultural Resources, and Wildfires, including the below referenced mitigation measure list which are fully described in the MMRP.

MM BIO-1: MSHCP Burrowing Owl 30-Day Preconstruction Surveys.

MM BIO-2: Nesting Bird Preconstruction Surveys.
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MM BIO-3: USACE/CDFW/RWQCB Riverine Resources.

MM CUL-1.

MM CUL-2.

MM CUL-3.

MM GEO-1.

MM GEO-2.

MM GEO-3.

MM GEO-4.

MM TCR-1: Native American Treatment Agreement.

MM TCR-2: Retention of Archaeologist.

MM TCR-3: Cultural Resource Management Plan.

MM TCR-4: Pre-Grade Meeting.

MM TCR-5: On-site Monitoring.

MM TCR-6: Inadvertent Discovery of Cultural Resources.

MM TCR-7: Inadvertent Discovery of Human Remains.

MM TCR-8: Final Report.

MM FIRE-1: Fire Safety Requirements.

Significant and Unavoidable Impacts. Section 15126 of the CEQA Guidelines requires that the EIR identify the significant environmental effects that cannot be avoided if the proposed project should be implemented (CEQA Guidelines Section§ 15126(b)), and the significant irreversible environmental changes that would be involved if the proposed project is implemented (CEQA Guidelines Section§ 15126(c)). The City finds the Development Project would result in significant and unavoidable impacts with respect to air quality, greenhouse gas emissions, and transportation after implementation of all feasible mitigation measures. In accordance with CEQA Guidelines Section 15092(b)(2), the City cannot approve the Development Project unless it first finds (1) under Public Resources Code Section 21081(a) (3), and CEQA Guidelines Section 15091(a)(3), that specific economic, legal, social technological, or other considerations, including provisions of employment opportunities to highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the EIR; and (2) under CEQA Guidelines Section 15092(b), that the remaining significant effects are acceptable due to overriding considerations described in CEQA Guidelines Section 15093 because the economic, legal, social, technological or other benefits of the proposed project outweigh its unavoidable adverse environmental effects. Therefore, a Statement of Overriding Considerations has been prepared.

Statement of Overriding Considerations. The California Environmental Quality Act provides provisions for an agency to approve a project when such a project will cause one or more significant environmental effects. In conjunction with the certification of the EIR, findings of fact are required pursuant to Section 15091 of the Public Resources Code (PRC) which provides that no public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been certified that identifies one or more significant environmental effects of the project, unless, the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Additionally, the Lead Agency must not approve a project that will have a significant effect on the environment unless it finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental effects (PRC § 21081(b)).

A draft resolution for Council consideration is included as an attachment for certifying the EIR, including 774
the adoption of findings and statement of overriding considerations and the MMRP.

JUSTIFICATION:

In order to approve the subject applications, the City Council is required to make findings pursuant to BZO Section 17.56.050 (Design Review), Section 66474 of the Subdivision Map Act (Tentative Map), and BZO Section 17.60.030(C) (Development Agreement). The Planning Commission recommended approval of these applications pursuant to the findings in Planning Commission Resolution 2025-04. The findings are included in the draft resolution and ordinance attached to this report.

Design Review:

BZO Section 17.56.050 requires that four findings be met to justify approval of a Design Review application. The Planning Commission found the following:

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

Finding of Fact: Proposed Design Review 21-7017 is consistent with the General Plan Land Use Element Policy, which states: “The land–use map shall provide for sufficient lands to provide a large range of products and services to the City and the region while carefully considering compatibility with adjacent residential lands.” The subject property is designated Business Park (BP) on the General Plan land use map. The proposed use is consistent with the BP land-use designation and is a permitted use within the zoning district. This land use designation includes industrial parks and freestanding industrial users. Examples of permitted uses include light and medium intensity manufacturing operations, warehousing and distribution, ministorage, and associated offices. Further, Design Review 21-7017 is consistent with General Plan Economic Development Policy, which states: “The City shall take a proactive role in the retention of existing businesses and the recruitment of new businesses, particularly those that generate and broaden employment opportunities, increase discretionary incomes, and contribute to City General Fund revenues.” Approval of proposed Design Review 21-7017 would allow the applicant to promote business diversity, while providing an economic benefit to the City.

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

Finding of Fact: The proposed Project is an approximately 1,320,284 square-foot light industrial speculative warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Business Park zone and the Project will provide adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.

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

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

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

Finding of Fact: The Project is a new construction development with a proposed 1,320,284 square-foot light industrial speculative warehouse facility, which will be compatible with adjacent Industrial and other non-residentially zoned properties to the north, south, and east. The Project is considered an Industrial 775
use. Landscaping is required to maintain the character of the surrounding neighborhood.

Tentative Parcel Map:

Pursuant to Section 66474 of the Subdivision Map Act, there are seven findings that must be met to justify approval of a Tentative Map application. The Planning Commission found the following:

Finding A: The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans.

Finding B: The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map is consistent with the zone in which the property is located.

Findings of Fact: The City’s General Plan land use designation and Zoning Map will continue to indicate the designation of the project site as “Business Park,” and the proposed Map provides for the accommodation of seven (7) new parcels, consisting of a variety of industrial and civic uses, lot types and sizes ranging from 1.34-acres to 89.5-acres, common open spaces, and circulation and other public improvements. The proposed map furthers the objectives and policies of the General Plan in that 89.5 acres of the project area is dedicated to industrial development, and 17.23-acres will be dedicated to new right-of-way improvements.

Finding C: The site of the proposed map is physically suitable for the type of development proposed.

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

Finding of Fact: The 131.28-acre Project site is currently vacant and undeveloped. The Project site has gentle sloping and does not contain drastic elevation changes over short distances. The Project site has elevations ranging between 2,325 feet above mean sea level (amsl) on the northwest corner of the Project site at the intersection of Hathaway Street and Morongo Road, and 2,152 ft amsl on the southeast corner of the Project site. There is approximately 173 ft of elevation difference across the Project site and the site gradient is approximately 3.8 percent. The existing drainage pattern for the Project site is characterized by sheet flows across the Project site to the southeasterly corner of the Project site. Runoff is captured by an existing earthen ditch on the southern boundary of the Project site and is conveyed easterly into the California Department of Transportation right-of-way. The Project site lies within the San Gorgonio River Watershed and ultimately discharges into the Salton Sea. The proposed map as conditioned, including the mitigation measures contained within the Final Environmental Impact Report and the Mitigation Monitoring Reporting Program will ensure that the Project’s development is in accordance with and will implement the public improvements and mechanisms whereby the necessary facilities and resources will be available for future uses.

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

Finding of Fact: With the exception of the significant and unavoidable environmental effects of the project identified in the FEIR and the MMRP, the design of the subdivision and proposed improvements are not expected to cause substantial environmental damage or to substantially injure fish or wildlife or their habitat. The project site is not in a linkage designated under the MSHCP that is a connection between substantial habitat blocks with adequate size, configuration, and vegetation characteristics to generally provide for “live-in” habitat and/or provide for genetic flow for identified covered species. Significant cumulative effects of the project on the MSHCP-covered plans and wildlife, wildlife movement, riparian/riverine areas and habitat connectivity are fully mitigated by the City of Banning’s signatory status under the MSHCP and the requisite measures for mitigation of project-specific impacts to the burrowing owl, Los Angeles pocket mouse and Stephens’ kangaroo rat and these species’ habitat.

Cumulative effects not specially covered under the MSHCP are nevertheless mitigated to less than significant levels by the broad range of habitats covered by the MSHCP, project design features and mitigation measures required for the proposed project, and payment of the MSHCP mitigation fee.

Finding F: The design of the proposed map, and its proposed design and improvements, is not likely to cause serious public health problems.

Finding of Fact: The design of the subdivision is in conformance with the City’s General Plan, Zoning 776
Ordinance and Subdivision Ordinance. Moreover, the future construction of the Banning Commerce Center development project will comply with all applicable City of Banning Ordinances, codes, and standards including but not limited to the California Uniform Building Code, the City’s Ordinances relating to Stormwater runoff management and controls. The design and construction of all improvements for the subdivision will be in conformance with the City of Banning General Plan Circulation Element which establishes the general layout and design standards or the major vehicular roadways and non-vehicular paths within the project area. The proposed street improvements and internal circulation have been created based on currently accepted standards and practices for the preservation of the public health, safety and welfare, and are in compliance with the General Plan Circulation Element. By means of the project’s circulation design, the proposed street system throughout the Project area will not impede emergency vehicle access and response times throughout the neighborhoods.

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

Finding of Fact: The subdivision design with any easements acquired by the public at large for access through or use of the property. The design of the subdivision and type of improvements will maintain or reconfigure easements when necessary for public access and services, abandon those easements no longer needed for public purposes, and dedicate new easements as needed to provide for public access and services through the property within the proposed subdivision.

Development Agreement:

BZO Section 17.60.030(C) requires that two findings be met to justify approval of a Development Agreement. The Planning Commission found the following:

Finding A: The proposed Development Agreement via adoption and certification of the Final Environmental Impact Report, and approval of the Design Review and Tentative Parcel Map will be consistent with the General Plan and Zoning Map.

Findings of Fact: In accordance with the Banning Municipal Code, the Development Agreement contains provisions that set forth a defined term, the specific types, density, and intensity of uses allowed, reservations or dedication of land for public purposes, a limited stay on future development fee increases; and processes for reviewing related future approvals and amending the Development Agreement. Approval of the Development Agreement would provide for the orderly development of the Project and necessary infrastructure improvements.

Finding B: The proposed Development Agreement would promote the welfare and the interest of the City.

Findings of Fact: The Development Agreement incorporates provisions for financing, acquisition, and construction of infrastructure, for the Banning Commerce Center Project, as well as acquisition and development of public street improvements. The DA would grant the applicant vested rights to development of the Project in accordance with a phasing plan and other City approvals in exchange for certain financial contributions, including a substantial public benefit fee, and other consideration to be received by the City.

FISCAL IMPACT:

Fiscal impacts will be offset by fees and improvement costs paid by the developer, including permit applications, impact fees, and roadway and other public improvements. In addition, the City will directly benefit financially by the following negotiated items, which are beyond the typical fees paid by a development application if the development agreement is approved:

1. $9,000,000 in payments to the City for funding transportation-related costs toward roadways/interchanges

2. $357,000 payment for per megavolt-amperes (MVA), based on the requested electrical load

3. $0.10 per sq. ft. annually (with annual CPI escalator) as part of a community facilities district to pay for on-going maintenance costs of public streets, public facilities and parks, and other related 777
improvements and maintenance in the District; this would amount to over $132,000 in annual revenue to offset maintenance costs and other city services as specified in the CFD once established.

As noted in the attached fiscal impact analysis report, it is anticipated that the project would result in a net increase of recurring revenues amounting to $505,215 annually. The report cites total recurring revenues of $869,954 annually and total recurring expenditures of $364,739 annually, which results in the net increase of $505,215 to the City's annual revenues. The CFD would augment the annual revenue generated by the Project and provide an additional $132,000 annually toward maintenance and services within the boundary of the CFD once established, which further reduces impacts to the City's finances.

ALTERNATIVES:

1. Continue the hearing to a date certain if the Council requires further information that cannot be answered during the hearing.

2. Modify the conditions for approval based on evidence received during the hearing.

3. Provide alternate responses to the required findings and direct staff to return with resolution ratifying a different decision.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. CC Resolution 2025-106 compiled

2. CC Resolution 2025-107 compiled

3. Ordinance 1611

4. Draft Development Agreement

5. Applicant Response to PC Concerns

6. Riverside Co ALUC Approval Ltr

7. EIR and Appendices Links

8. Preliminary Site, Grading, and Street Plans

9. Floor Plan and Elevations

10. Landscape Plan

11. Tentative Parcel Map, TPM 38576

12. Aerial and Vicinity Maps

13. Fiscal Impact Analysis 7-1-24

14. Planning Commission Meeting Minutes 3-5-25
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Resolution 2025-106

RESOLUTION 2025-106

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

APPROVING THE BANNING COMMERCE CENTER PROJECT BY SANSONE GROUP, INCLUDING A DESIGN REVIEW APPLICATION, CASE DR 21-7017, FOR THE CONSTRUCTION OF A 1,320,284-SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON 131.28-ACRES OF LAND GENERALLY LOCATED NORTH OF THE I-10 FREEWAY/E.

RAMSEY STREET, EAST OF N. HATHAWAY STREET AND BISECTED BY WILSON STREET, WITHIN THE BUSINESS PARK ZONE.

WHEREAS, Sansone Group submitted applications for a Design Review (Case DR 2021-7017), Tentative Parcel Map (Case TPM 38576), and Development Agreement with the City of Banning, for the development of industrial uses within a proposed 1,320,204-square foot building on a 131.28-acre project site located north of I-10 Freeway/East Ramsey Street, East of N. Hathaway Street, and bisected by Wilson Street on assessor’s parcel numbers (APNs) 532-030-008, 532-030-009, 532-080-008, 532-080- 010, 532-090-026, 532-090-028, 532-090-030, 532-110-015 (collectively, the "Project"); and
WHEREAS, pursuant to Section 17.04.060.A. of the Banning Zoning Ordinance (BZO), the City Council has the authority to review and approve or conditionally approve the subject applications, including determinations on any associated environmental impacts in accordance with the California Environmental Quality Act (CEQA) for the Project; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(2) and 15070, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and WHEREAS, based upon the complexity and magnitude of the proposed Project, staff determined that an Environmental Impact Report should be prepared for the Project.

A Notice of Preparation (NOP) was subsequently completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comment on the Project’s potential impact(s) on the environment; and
WHEREAS, the State of California Clearinghouse issued a project number for the project, SCH No. 2022090102. The 30-day public comment period extended from September 2 to October 3, 2022. An electronic copy of the NOP was made available on the City’s website. Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impact; and WHEREAS, the Public Scoping meeting was held in person at the City of Banning Council Chambers and virtually via Zoom on September 20, 2022. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on September 2, 2022 providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, 779
Resolution 2025-106

required actions, and the environmental review process. No public comments were received during the Scoping Meeting; and
WHEREAS, the Banning Commerce Center development project would result in construction and operational activities upon a currently undeveloped, vacant site. Such activities could potentially uncover Native American historical or archaeological resources unknown prior to ground disturbing activities; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) was conducted. On September 14, 2022 the City reached out to Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Morongo Band of Mission Indians (MBMI) requesting formal consultation with the City regarding the Development Project, and the Yuhaaviatam of San Manuel Nation (formerly known as the San Manuel Band of Mission Indians) with YSMN stating that the development project is outside of their ancestral territory; and WHEREAS, a Notice of Availability (NOA) of the Draft EIR was provided to, responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from June 17, 2024 to August 2, 2024 and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on June 17, 2024 to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and
WHEREAS, during the public review and comment period, the City received 14 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project; and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on February 21, 2025, the City provided public notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, and Notice of Intent (NOI) to recommend that the City Council adopt a Final Environmental Impact Report (FEIR) for the Project. The public hearing notice/NOI was also mailed to the owners of the subject properties within 300-feet of the Project boundary on February 20, 2025; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, on March 5, 2025, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project 780
Resolution 2025-106

and at which time the Planning Commission considered the entirety of the Project and voted 3-2 to recommend that the City Council approve the subject applications; and WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on June 27, 2025, the City provided public notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, and Notice of Intent (NOI) to adopt a Final Environmental Impact Report (FEIR) for the Project. Said public hearing notice/NOI was also mailed to the owners of the subject properties within 300-feet of the Project boundary on June 26, 2025; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, on July 8, 2025, the City Council held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the City Council considered the entirety of the Project, including the EIR, CEQA Findings, and the Mitigation Monitoring and Reporting Plan. .

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

SECTION 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. CEQA COMPLIANCE. The adoption of City Council Resolution 2025-107 serves as the environmental determination on the Project and the Applicant is required to comply with the MMRP.

SECTION 3. FINDINGS FOR DESIGN REVIEW APPLICATION, CASE DR 21-7017.

BZO Section 17.56.050 requires that four findings be met to justify approval of a Design Review application. The Planning Commission found the following:

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

Finding of Fact: Proposed Design Review 21-7017 is consistent with the General Plan Land Use Element Policy, which states: “The land–use map shall provide for sufficient lands to provide a large range of products and services to the City and the region while carefully considering compatibility with adjacent residential lands.” The subject property is designated Business Park (BP) on the General Plan land use map. The proposed use is consistent with the BP land-use designation and is a permitted use within the zoning district. This land use designation includes industrial parks and freestanding industrial users. Examples of permitted uses include light and medium intensity manufacturing operations, warehousing and distribution, ministorage, and associated offices. Further, Design Review 21-7017 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 781
Resolution 2025-106

Fund revenues.” Approval of proposed Design Review 21-7017 would allow the applicant to promote business diversity, while providing an economic benefit to the City.

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

Finding of Fact: The proposed Project is an approximately 1,320,284 square-foot light industrial speculative warehouse facility and is consistent with the Zoning Ordinance and development standards. Warehousing and distribution are permitted uses in the Business Park zone and the Project will provide adequate parking and landscaping. Additionally, all setbacks, height requirements and other applicable standards and design guidelines have been satisfied.

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

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

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

Finding of Fact: The Project is a new construction development with a proposed 1,320,284 square-foot light industrial speculative warehouse facility, which will be compatible with adjacent Industrial and other non-residentially zoned properties to the north, south, and east. The Project is considered an Industrial use. Landscaping is required to maintain the character of the surrounding neighborhood.

SECTION 4. FINDINGS FOR TENTATIVE PARCEL MAP APPLICATION, CASE TPM 38576, APPLICATION. Pursuant to Section 66474 of the Subdivision Map Act, there are seven findings that must be met to justify approval of a Tentative Map application. The Planning Commission found the following:

Finding A: The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans.

Finding B: The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map is consistent with the zone in which the property is located.
782
Resolution 2025-106

Findings of Fact: The City’s General Plan land use designation and Zoning Map will continue to indicate the designation of the project site as “Business Park,” and the proposed Map provides for the accommodation of seven (7) new parcels, consisting of a variety of industrial and civic uses, lot types and sizes ranging from 1.34-acres to 89.5- acres, common open spaces, and circulation and other public improvements. The proposed map furthers the objectives and policies of the General Plan in that 89.5 acres of the project area is dedicated to industrial development, and 17.23-acres will be dedicated to new right-of-way improvements.

Finding C: The site of the proposed map is physically suitable for the type of development proposed.

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

Finding of Fact: The 131.28-acre Project site is currently vacant and undeveloped. The Project site has gentle sloping and does not contain drastic elevation changes over short distances. The Project site has elevations ranging between 2,325 feet above mean sea level (amsl) on the northwest corner of the Project site at the intersection of Hathaway Street and Morongo Road, and 2,152 ft amsl on the southeast corner of the Project site.

There is approximately 173 ft of elevation difference across the Project site and the site gradient is approximately 3.8 percent. The existing drainage pattern for the Project site is characterized by sheet flows across the Project site to the southeasterly corner of the Project site. Runoff is captured by an existing earthen ditch on the southern boundary of the Project site and is conveyed easterly into the California Department of Transportation right-of-way. The Project site lies within the San Gorgonio River Watershed and ultimately discharges into the Salton Sea. The proposed map as conditioned, including the mitigation measures contained within the Final Environmental Impact Report and the Mitigation Monitoring Reporting Program will ensure that the Project’s development is in accordance with and will implement the public improvements and mechanisms whereby the necessary facilities and resources will be available for future uses.

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

Finding of Fact: With the exception of the significant and unavoidable environmental effects of the project identified in the FEIR and the MMRP, the design of the subdivision and proposed improvements are not expected to cause substantial environmental damage or to substantially injure fish or wildlife or their habitat. The project site is not in a linkage designated under the MSHCP that is a connection between substantial habitat blocks with adequate size, configuration, and vegetation characteristics to generally provide for “live-in” habitat and/or provide for genetic flow for identified covered species.

Significant cumulative effects of the project on the MSHCP-covered plans and wildlife, wildlife movement, riparian/riverine areas and habitat connectivity are fully mitigated by the City of Banning’s signatory status under the MSHCP and the requisite measures for mitigation of project-specific impacts to the burrowing owl, Los Angeles pocket mouse and Stephens’ kangaroo rat and these species’ habitat. Cumulative effects not specially covered under the MSHCP are nevertheless mitigated to less than significant levels by 783
Resolution 2025-106

the broad range of habitats covered by the MSHCP, project design features and mitigation measures required for the proposed project, and payment of the MSHCP mitigation fee.

Finding F: The design of the proposed map, and its proposed design and improvements, is not likely to cause serious public health problems.

Finding of Fact: The design of the subdivision is in conformance with the City’s General Plan, Zoning Ordinance and Subdivision Ordinance. Moreover, the future construction of the Banning Commerce Center development project will comply with all applicable City of Banning Ordinances, codes, and standards including but not limited to the California Uniform Building Code, the City’s Ordinances relating to Stormwater runoff management and controls. The design and construction of all improvements for the subdivision will be in conformance with the City of Banning General Plan Circulation Element which establishes the general layout and design standards or the major vehicular roadways and non-vehicular paths within the project area. The proposed street improvements and internal circulation have been created based on currently accepted standards and practices for the preservation of the public health, safety and welfare, and are in compliance with the General Plan Circulation Element. By means of the project’s circulation design, the proposed street system throughout the Project area will not impede emergency vehicle access and response times throughout the neighborhoods.

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

Finding of Fact: The subdivision design with any easements acquired by the public at large for access through or use of the property. The design of the subdivision and type of improvements will maintain or reconfigure easements when necessary for public access and services, abandon those easements no longer needed for public purposes, and dedicate new easements as needed to provide for public access and services through the property within the proposed subdivision.

SECTION 5. APPROVAL OF APPLICATIONS. Based on the foregoing recitals, facts, and findings, and the entirety of the administrative record, the City Council hereby approves the Banning Commerce Center Project Applications, including Design Review, Case DR 21-7017, and Tentative Parcel Map, Case TPM 38576, subject to the conditions contained in Exhibit A and Exhibit B.

SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 784
Resolution 2025-106

PASSED, APPROVED AND ADOPTED this 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
785
Resolution 2025-106

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-106, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
786
Resolution 2025-106

EXHIBIT A
Community Development Conditions
787
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 PROJECT: DR 21-7017, TPM 38576
SUBJECT: Conditions of Approval (City Council Resolution 2025-106) APPLICANT:Sansone Group
LOCATION: TTM 38576 (North of I-10 Freeway/East Ramsey Street, east of N. Hathaway Street, and bisected by Wilson Street on Assessor’s Parcel Numbers (APNs) 532-030-008, 532-030- 009, 532-080-008, 532-080-010, 532-090-026, 532-090-028, 532-090-030, 532110-015)

EXHIBIT A
City Council Resolution 2025-106
*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 construction and operation of the Banning Commerce Center Project (“Project”) shall always comply with all federal, state, County and City laws, codes, regulations, and standards, including those that relate to hazardous materials.

2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Sections 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.

3. Approval of these entitlements shall not waive compliance with any sections of the CA Government Code, Banning Municipal Code (BMC), or other applicable City ordinances, in effect at the time of building permit issuance.
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99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

4. A copy of the signed Resolution of approval and these conditions of approval imposed on the Banning Commerce Center development project and TPM 38576 shall be reproduced in legible form on the improvement plans submitted for review and approval as required by the reviewing department.

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

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

7. The Applicant shall complete any/all improvements to the site contained in the Subdivision Improvement Agreement for TM 38576, unless otherwise stated in the Development Agreement.

8. The Applicant shall be responsible for completion of all Performance and Labor and Material Bonds under the approval for TM 38576.

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

10. The Applicant shall provide evidence that the fully executed Development Agreement for the project has been recorded, and a perfected copy of the recorded documents shall be provided to the Community Development Department, Planning Division.

11. The Planning Division shall prepare and present to the City Council an annual performance report for the Development Agreement to ensure that project milestones have been completed pursuant to the terms of the Development Agreement.

12. All phases of site preparation, grading, construction, and operations shall adhere to the Mitigation Measures contained within the Mitigation Monitoring and Reporting Program.

The following mitigation measures are deemed feasible and are made binding through the MMRP.

Imposition of these mitigation measures will reduce potentially significant impacts to less than significant and included as conditions of approval for the project as follows:

13.MM BIO-1 MSHCP Burrowing Owl 30-Day Preconstruction Surveys In order to avoid Project-related impacts to burrowing owls potentially occurring on or in the vicinity of the Project site and violation of the Burrowing Owl Protocol and the California Fish and Game Code 3503, 3503.5, and 3513, a 30-day preconstruction survey presence/absence survey for burrowing owl within the Impact Site (and 500-foot survey buffer) in accordance with the March 2006 Burrowing Owl Survey Instructions for the Western Riverside County MSHCP Area shall be conducted by a qualified prior to initial ground disturbing activities (e.g., vegetation clearing, clearing and grubbing, grading, tree removal, site watering, equipment staging) to ensure that no owls have colonized the site in the days or weeks preceding the ground disturbing activities. In addition, a preconstruction survey for burrowing owl shall be conducted within 3 days prior to initiation of Project activities and reported to CDFW.
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99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 If no burrowing owls are observed during the survey, site preparation and construction activities may begin. If burrowing owls have colonized the project site prior to the initiation of grounddisturbing activities, the project proponent will immediately stop work and inform the City of Banning and the Wildlife Agencies (California Department of Fish and Wildlife [CDFW] and US Fish and Wildlife Service [USFWS]). In consultation with the Wildlife Agencies additional avoidance and minimization measures shall be undertaken including the possibility of preparing a Burrowing Owl Protecting and Relocation Plan, prior to initiating ground disturbance. CDFW shall be sent written notification within 48 hours of detection of burrowing owls. If active nests are identified on an implementing Project site during the pre-construction survey, the Project applicant shall not commence activities until no sign is present that the burrows are being used by adult or juvenile owls or following CDFW approval of a Burrowing Owl Plan as described below. If owl presence is difficult to determine, a qualified biologist shall monitor the burrows with motion-activated trail cameras for at least 24 hours to evaluate burrow occupancy. The on-site qualified biologist will verify the nesting effort has finished according to methods identified in the Burrowing Owl Plan.

The qualified biologist and Project Applicant shall coordinate with the City, CDFW, and USFWS to develop a Burrowing Owl Plan to be approved by the City, CDFW, and USFWS prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, relocation, monitoring, minimization, and/or mitigation actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites and details on proposed buffers if avoiding the burrowing owls or information on the adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation and funding of artificial burrows (numbers, location, and type of burrows) and management activities for relocated owls shall also be included in the Burrowing Owl Plan. The City will implement the Burrowing Owl Plan following CDFW and USFWS review and approval.

If active burrowing owl burrows are detected within Impact Site(s) during Project implementation and construction, the Project applicant shall notify CDFW immediately in writing within 48 hours of detection. A Burrowing Owl Plan will be submitted to CDFW for review and approval within two weeks of detection and no Project activity will continue within 1,000 feet of the burrowing owls until CDFW approves the Burrowing Owl Plan. The City shall be responsible for implementing appropriate avoidance and mitigation measures, including burrow avoidance, passive or active relocation, or other appropriate mitigation measures as identified in the Burrowing Owl Plan. A final report shall be prepared by a qualified biologist documenting the results of the burrowing owl surveys and detailing avoidance, minimization, and mitigation measures. The final report will be provided to City of Banning and CDFW within 30 days of completion of the survey and burrow monitoring for mitigation monitoring compliance record keeping.

14.MM BIO-2 Nesting Bird Preconstruction Surveys
Regulatory requirement for potential direct/indirect impacts to nesting common and sensitive bird species will require compliance with the Migratory Bird Treaty Act and California Fish and Game (CDFG) Code Section 3503, 3503.5, and 3513. Site preparation activities (such as ground disturbance, construction activities, and/or removal of trees and vegetation) should be conducted, to the greatest extent possible, outside of the peak nesting season. Regardless of the time of year, a qualified biologist shall conduct a nesting bird survey within three days prior to any disturbance of the site, including disking, vegetation grubbing, and grading.

The survey(s) will focus on identifying any bird nests that would be directly or indirectly affected by construction activities. The survey area will include the Project impact footprint and a 500-foot buffer where legal access is granted around the disturbance footprint. Within 72 hours of the 790
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 nesting bird survey, all areas surveyed by the biologist will be cleared by the Contractor or a supplemental nesting bird survey is required. The survey results shall be provided to the City’s Planning Department. The Project Applicant shall adhere to the following:

1. Applicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

2. Pre-activity field surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities.

Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts.

If no nesting birds are observed during the survey, site preparation and construction activities may begin. If active nests or nesting birds (including nesting raptors) are identified during the nesting bird survey, avoidance buffers shall be implemented as determined by a qualified biologist and approved by the City of Banning, based on their best professional judgement and experience. The buffer areas shall be avoided until the Project biologist determines the young have fledged and dispersed or it is confirmed that the nest has been unsuccessful or abandoned. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by accounting for topography, ambient conditions, species, nest location, and activity type. All nests shall be monitored as determined by the qualified biologist until nestlings have fledged and dispersed or it is confirmed that the nest has been unsuccessful or abandoned. The Designated Biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. The qualified biologist will serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur. The qualified biologist shall halt all construction activities within proximity to an active nest if it is determined that the activities are disturbing the nest and may result in nest abandonment or take. The qualified biologist shall also have the authority to require implementation of avoidance measures related to noise, vibration, or light pollution if indirect impacts are resulting in harassment of the nest. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a final monitoring report of the findings, prepared by a qualified biologist, will be submitted to the City of Banning documenting compliance with the CDFG Code.

15.MM BIO-3 USACE/CDFW/RWQCB Riverine Resources
Prior to the issuance of a grading permit, the Project applicant will obtain a USACE Section 404 Nation Wide Permit, RWQCB Section 401 Water Quality Certificate, and CDFW Section 1602 Streambed Alteration Agreement. The Applicant shall notify the California Department of Fish and Wildlife (CDFW) for impacts to Fish and Game Code section 1602 resources and obtain a CDFWexecuted Lake and Streambed Alteration (LSA) Agreement authorizing impacts to Fish and Game Code section 1602 resources associated with the Project. 791
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 The notification to CDFW should provide the following information:

1. A stream delineation including the bed, bank, and channel;

2. Linear feet and/or acreage of streams and associated natural communities that would be permanently and/or temporarily impacted by the Project. This includes impacts as a result of routine maintenance and fuel modification. Plant community names should be provided based on vegetation association and/or alliance per the Manual of California Vegetation (Sawyer et al 2009);

3. A discussion as to whether impacts on streams within the Project site would impact those streams immediately outside of the Project site where there is hydrologic connectivity.

4. Potential impacts such as changes to drainage pattern, runoff, and sedimentation should be discussed; and 4. A hydrological evaluation of the 100-year storm event to provide information on how water and sediment is conveyed through the Project site.

Currently, the impacted drainages and overall watershed are not within a service area of an approved mitigation bank. Depending on the timing of impacts and issuance of regulatory permits, should a mitigation bank become approved for the Whitewater River watershed, at minimum 2.67- acres of habitat creation credits from an approved bank will be purchased. However, since at this time no mitigation bank is approved for the whitewater watershed, it is assumed at minimum 2.67- acres of on-site creation is required as outlined below. If it is determined that on-site mitigation is not feasible, creation of non-wetland waters at an off-site location would be required. The off-site location would be required to have a conservation easement or deed restriction placed over the mitigation area to ensure the site remains mitigation in perpetuity. Additionally, whether on or offsite, the mitigation site will require long-term maintenance and management by a qualified conservancy, including payment of a non-wasting endowment to fund the long-term maintenance.

To meet the criteria of a biologically equivalent or superior alternative, the applicant will offset permanent impacts to a minimum 0.54-acre of MSHCP Section 6.1.2 riverine resources (CDFW jurisdictional resource) as follows including the preparation of an MSHCP DBESP. • Permanent impacts to a minimum of 0.54-acres of jurisdictional features will be mitigated at a minimum of a 5:1 ratio (2.67 acres) through the creation of in-kind habitat on-site along the eastern and northern most Project boundary. If it is determined that onsite mitigation or off-site is not feasible, additional alternatives could include, payment into an acceptable an approved mitigation bank should one become available at the time of impacts and permitting. • A Habitat Mitigation and Monitoring Plan for the creation of in kind habitat will be prepared, reviewed and approved by the City of Banning, USACE, RWQCB and CDFW. The created habitat will be monitored by the Project proponent for a minimum of 5 years; monitoring reports shall be provided to the City of Banning and appropriate regulatory agency on an annual basis. The restoration area must meet standardized success criteria as described in a Habitat Mitigation and Monitoring Plan, which will be required as part of the permit process and approved by the Resource Agencies.
• A DBESP will be also prepared, reviewed and approved by the City of Banning and MSHCP wildlife agencies prior to the issuance of grading permits.

16.MM CUL-1 Prior to the issuance of a grading permit, an archaeological resource monitoring plan shall be developed by a qualified archaeologist. This plan shall include a grading observation schedule, to be maintained when initial mass grading occurs in upper soils, to identify and further evaluate any cultural resources that may be discovered in the Project area. A qualified archaeologist and/or Native American monitor(s) from Consulting Tribe(s) shall be retained to attend pre-grading meetings and to monitor earthmoving activities, including clearing, grubbing, cutting, and trenching at the site. The archaeologist and/or Native American monitor(s) from 792
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 Consulting Tribe(s) shall carefully inspect these areas to assess the potential for significant prehistoric or historic remains. If potential archaeological and historical resources are uncovered, the construction contractor shall cease grading operations in the vicinity of the find until further evaluation is undertaken to assess the discovery. Further subsurface investigation may be needed if the resource is determined unique or important for its prehistoric or historic information.

17.MM CUL-2 If archaeological remnants are discovered during monitoring, the archaeologist and/or Native American monitor(s) from Consulting Tribe(s) shall have the authority to divert construction in order to assess the significance of the find. Remnants shall be properly evaluated, documented, and deposited as applicable, consistent with State and local protocols.

18.MM CUL-3 If previously unknown cultural resources, including human remains, are identified during grading activities, a qualified archaeologist shall be retained to assess the nature and significance of the find. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner shall be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.

19.MM GEO-1 The Project would comply with the grading guidelines and all recommendations provided in the Geotechnical Investigation prepared for the Project.

20.MM GEO-2 The Applicant will submit a Paleontological Resources Impact Mitigation Program (PRIMP) prepared by a qualified paleontologist to the City’s Community Development Director, or designee, prior to the issuance of a grading permit to reduce impacts to sensitive paleontological resources during construction activities, and all other surface-disturbance activities. The PRIMP would include the following:
• The PRIMP shall be prepared by a Qualified Paleontologist, based on Society of Vertebrate Paleontology (SVP) guidelines, and meet all regulatory requirements. The qualified paleontologist shall have a Master’s Degree or Ph.D. in paleontology, shall have knowledge of the local paleontology, and shall be familiar with paleontological procedures and techniques. • The PRIMP shall include a site-specific investigation that will identify construction impact areas of ranging sensibility and approximate depths at which those resources are likely to be encountered. The Plan shall define monitoring procedures and methodology, and shall specify that sediments of undetermined sensitivity shall be monitored on a part-time basis (as determined by the Qualified Paleontologist).
• The PRIMP shall state which resources will be avoided and which shall be recovered for their data potential. Where possible, recovery is preferred over avoidance in order to mitigate the potential for looting of paleontological resources. The Plan shall also detail methods of recovery, preparation and analysis of specimens, final curation of specimens at a federally accredited repository, data analysis, and reporting.

21.MM GEO-3 A qualified paleontologist will attend preconstruction meetings to consult with the grading and excavation contractors concerning planned depths, excavation schedules, paleontological field techniques, and safety issues. In addition, all on-site construction personnel 793
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 will receive Worker Education and Awareness Program (WEAP) training prior to the commencement of excavation work. All ground-disturbing activities associated with Project construction occurring within previously undisturbed fossil bearing formations will be monitored by a qualified paleontologist or qualified paleontological monitor. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials and works under the direction of a qualified paleontologist. If fossils are discovered, the paleontologist (or paleontological monitor) will recover them. In most cases, this fossil salvage can be completed in a short period of time; however, some fossil specimens, such as a complete large mammal skeleton, may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) will be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains, such as isolated mammal teeth, it may be necessary to set up a screenwashing operation on site.

22.MM GEO-4 Fossil remains collected during the monitoring and salvage portion of the program will be cleaned, repaired, sorted, and catalogued.

Prepared fossils, along with copies of all pertinent field notes, photos, and maps, will be deposited (as a donation) in a scientific institution with permanent paleontological collections located within Riverside County (or, if no repository is available, adjacent Counties). A final data recovery report will be completed that outlines the results on the paleontological monitoring program. This report will include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. The report will be submitted to the City’s Community Development Director, or designee, upon completion.

23.MM TCR-1 Native American Treatment Agreement. Prior to the issuance of grading permits, the applicant shall enter into a Tribal Monitoring Agreement with the Morongo Band of Mission Indians for the project. The Tribal Monitor shall be on-site during all ground disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground-disturbing activities to allow identification, evaluation, and potential recovery of cultural resources.

24.MM TCR-2 Retention of Archaeologist. Prior to any ground disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind) and prior to the issuance of grading permits, the Applicant shall retain a qualified archaeologist who meets U.S. Secretary of the Interior Standards (SOI). The archaeologist shall be present during all ground disturbing activities to identify any known or suspected archaeological and/or cultural resources. The archaeologist will conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO) and/or designated Tribal Representative. The training session will focus on what the archaeological and tribal cultural resources that may be encountered during ground disturbing activities, and the procedures to be followed in such an event.

25.MM TCR-3 Cultural Resource Management Plan. Prior to any ground disturbing activities the project archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing and responsibility of all archaeological and cultural resource activities that occur on the project site.

This Plan shall be written in consultation with the consulting Tribe[s] and shall include the following:
approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all 794
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 pertinent parties, parties’ responsibilities, procedures for each MM or COA, and an overview of the project schedule.

26.MM TCR-4 Pre-Grade Meeting. The retained qualified archeologist and Consulting Tribe[s] representative shall attend the pre-grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.

27.MM TCR-5 On-site Monitoring. During all ground-disturbing activities the qualified archaeologist and the Native American monitor shall be on-site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring.

28.MM TCR-6 Inadvertent Discovery of Cultural Resources. In the event that previously unidentified cultural resources are unearthed during construction, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert and/or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.

If a potentially significant cultural resource(s) is discovered, work shall stop within 60-feet of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed.

All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist and Tribal Monitor[s]. The archaeologist shall notify the Lead Agency and consulting Tribe[s] of said discovery. The qualified archaeologist, in consultation with the Lead Agency, the consulting Tribe[s] and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the Tribal Cultural Resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the Tribe[s] and the Native American monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatment and dispositions of significant cultural resources in order of CEQAs preference:
• Full avoidance.
• If avoidance is not feasible, Preservation in place.
• If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction. • If all other options have been proven to be infeasible, data recovery through excavation and curated in a Curation Facility that meets the Federal Curation Standards (CFR s79.1).

29.MM TCR-7 Inadvertent Discovery of Human Remains. The Morongo Band of Mission Indians requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the consulting Tribe[s].

Should human remains and/or cremations be encountered on the surface or during any and all ground-disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within 100-feet of the discovery. The area shall be 795
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 protected, project personnel/observers restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to come to his/her determination pursuant to State and Safety Code Section 7050.5. and Public Resources Code (PRC) Section 5097.98.

In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC Section 7050.5.

The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make their recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC Section 5097.98.

If the Morongo Band of Mission Indians has been named the Most Likely Descendant (MLD), the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance and reside in perpetuity. The place(s) of reburial will not be disclosed by any party and is exempt from the California Public Records Act (California Government Code Section 6254[r]). Reburial location of human remains and/or cremations will be determined by the Tribes Most Likely Descendant (MLD), the landowner, and the City Planning Department.

30.MM TCR-8 Final Report. The final report[s] created as a part of the project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the Lead Agency and Consulting Tribe[s] for review and comment. After approval from all parties, the final reports are to be submitted to the Eastern Information Center, and the Consulting Tribe[s].

31.MM FIRE-1 Fire Safety Requirements. The Project shall be required to comply with all Fire Safety Requirements as identified in Section 5 of the Fire Protection Plan prepared for the Project (Appendix M1). Conformance with these requirements shall be verified by the City of Banning Community Development Department during design review prior to the issuance of building and grading permits.

The Final Environmental Impact Report contains findings regarding environmental impacts that remain significant and unavoidable. To reduce these impacts to the maximum extent feasible, the following mitigation measures are required:

32.MM AQ-1
The Project shall utilize “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits (i.e., have a lower VOC content than what is required) put forth by SCAQMD’s Rule 1113 for all architectural coatings. Super-compliant low VOC paints shall be no more than 10g/L of VOC. Prior to issuance of a building permit, the City Building and Safety Department shall confirm that plans include the following specifications:
• All architectural coatings will be super-compliant low VOC paints. • Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water-based and oil based paints.
• Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors.
• For water-based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous waste center (www.cleanup.org). 796
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 • Use compliant low-VOC cleaning solvents to clean paint application equipment. • Keep all paintand solvent-laden rags in sealed containers to prevent VOC emissions. • Contractors shall construct/build with materials that do not require painting and use pre-painted construction materials to the extent practicable.
• Use high-pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency.

33.MM AQ-2
Prior to issuance of tenant occupancy permits, the tenant/facility operator shall prepare and submit a Transportation Demand Management (TDM) program detailing strategies that would reduce the use of single occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanpool, and transit. The TDM shall include, but is not limited to the following:
• Provide a transportation information center and on-site TDM coordinator to educate employers, employees, and visitors of surrounding transportation options. • Provide on-site car share amenities for employees who make only occasional use of a vehicle, as well as others who would like occasional access to a vehicle of a different type than they use day-to-day.
• Promote and support carpool/vanpool/rideshare use through parking incentives and administrative support, such as ride matching service.
• Incorporate incentives for using alternative travel modes, such as preferential carpool/vanpool parking or others.
• Each building shall provide preferred parking for electric, low emitting and fuel-efficient vehicles equivalent to at least eight percent of the required number of parking spaces.

This mitigation measure applies only to tenant occupancy and not the building shell approvals.

34.MM AQ-3
Prior to the issuance of a building permit for the Shell Design, the Planning Department shall confirm that the Project is designed to include the following:
• The Project buildings’ electrical room shall be sufficiently sized to hold additional panels that may be needed to supply power for the future installation of electric vehicle (EV) truck charging stations on the site.
• Conduit should be installed from the electrical room to tractor trailer parking spaces in a logical location(s) on the site determined by the Project Applicant during construction document plan check, for the purpose of accommodating the future installation of EV truck charging stations at such time this technology becomes commercially available and the buildings are being served by trucks with electric-powered engines.

This mitigation measure applies only to building shell approvals and not the tenant improvements.

35.MM AQ-4
Prior to the issuance of a tenant occupancy permit, the Planning Department shall confirm that all truck access gates and loading docks within the Project site shall have a sign posted that states:
• Truck drivers shall turn off engines when not in use. • Truck drivers shall shut down the engine after two minutes of continuous idling operation (pursuant to Title 13 of the California Code of Regulations, Section 2485). Once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged. • Telephone numbers of the building facilities manager and CARB to report violations. • Signs shall also inform truck drivers about the health effects of diesel particulates, the California Air Resources Board diesel idling regulations, and the importance of being a good neighbor by not parking in residential areas.
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99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 This mitigation measure applies only to tenant improvements and not the building shell approvals.

36.MM AQ-5
Prior to the issuance of a tenant occupancy permit, the Planning Department shall confirm that the Project plans and specifications shall include requirements (by contract specifications) that vendor trucks for the industrial buildings include energy efficiency improvement features through the Carl Moyer Program— including truck modernization, retrofits, and/or aerodynamic kits and low rolling resistance tires—to reduce fuel consumption.

This mitigation measure applies only to tenant improvements and not the building shell approvals.

37.MM AQ-6
The Project shall include the necessary charging stations for cargo handling equipment. Prior to the issuance of a tenant occupancy permit, the Planning Department shall confirm that the Project plans and specifications show that all outdoor cargo handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, and forklifts) are zero emission/powered by electricity. Note that SCAQMD Rule 2305 (Warehouse Indirect Source Rule) Warehouse Actions and Investments to Reduce Emissions (WAIRE) points may be earned for electric/zero emission yard truck/hostler usage.

This mitigation measure applies only to tenant improvements and not the building shell approvals.

38.MM GHG-1
Prior to issuance of tenant occupancy permits, the Project shall be required to install a solar photovoltaic (PV) system or otherwise acquire energy from the local utility that has been generated by renewable sources, sufficient to power the anticipated initial improvements for the warehouse (i.e., the Title 24 electricity demand and the plug-load). The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the off-site export, the proposed Project may utilize a battery energy storage system (BESS) to lower off-site export while maintaining on-site renewable generation to off-set consumption. The building shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. In addition, to ensure that the Project’s electrical room(s) is sufficiently sized to accommodate the potential need for additional electrical panels, either (1) a secondary electrical room shall be provided in the building, or (2) the primary electrical room shall be sized 25 percent larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25 percent excess demand capacity.

39.MM GHG-2
Prior to the issuance of a building permit, the Project Applicant or successor in interest shall provide documentation to the City of Banning demonstrating that the Project is designed to achieve Leadership in Energy and Environmental Design (LEED) standards or meet or exceed CALGreen Tier 2 standards in effect at the time of building permit application.

40.MM GHG-3
The development shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of tenant occupancy permits, a recyclables collection and load area shall be constructed in compliance with County standards for Recyclable Collection and Loading Areas, and the facility’s operator shall be required to provide the City with a copy of the Project’s recycling 798
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 program. This mitigation measure applies only to tenant permits and not the building shell approvals.

41.MM GHG-4
Prior to issuance of tenant occupancy permits, the Planning Department shall confirm that tenant lease agreements include contractual language that all landscaping equipment used onsite shall be 100 percent electrically powered. This mitigation measure applies only to tenant permits and not the building shell approvals.

42.MM GHG-5
Conduits for the installation of electrical hookups to allow future electric vehicle (EV) trucks and trucks with auxiliary power units (APU) shall be installed at a ratio of one charging station for every 50 dock high doors.

43.MM TRANS-1
Prior to the issuance of Certificate of Occupancy for future tenants, the future tenant shall demonstrate implementation of reasonable and feasible VMT reduction measures to the satisfaction of the City of Banning Planning Director. Measures to be considered include, but are not limited to VMT strategy reduction measures:

Potential VMT Reduction Strategies
The following are potential VMT reduction measures that could be implemented:
• The Project may implement a Voluntary Commute Trip Reduction (CTR) measure. The purpose of the CTR would be to encourage alternative modes of transportation such as carpooling, which would reduce VMT. A proposed CTR program for this Project could include providing on-site and/or online commute information services including information on available transit and ride coordination for employees.
• The Project could provide designated carpool/vanpool parking in desirable locations on-site, which could encourage employees to carpool/vanpool to work and reduce VMT. • The Project could install end-of-trip facilities such as bicycle parking and lockers which could encourage employees to use alternative modes of transportation and thus reduce VMT. • The Project could increase sidewalks along the Project frontage and provide connections to existing trails (if applicable) in order to improve pedestrian access. This measure could encourage employees to walk to nearby destinations and thus reduce VMT. • The Project could implement employee parking cash-out policies. Cash-out is when employers provide employees with a choice of forgoing their current subsidized/free parking, provided by the employer, in lieu of a cash payment equivalent to or greater than the cost of the parking space.

This encourages employees to use other modes of travel instead of single occupancy vehicles.

Building Department

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

45.Please provide the following number of construction plans and documents listed below for the first review of the proposed project. The initial plan review time will take two weeks on most projects.

The applicant will receive an application number at the time plans are submitted for Building & Safety’s plan review. This number is needed to obtain information regarding your project:
799
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 (7) Precise Grading Plans
(7) Plot/Site Plans
(7) Site Disabled Access Plan
(7) Architectural Plans
(7) Structural Plans
(7) Electrical Plans
(7) Electrical Load Calculations
(7) Plumbing Plans/Isometrics
(7) Mechanical Plans
(2) Structural Calculations
(2) Roof and Floor Truss Calculations
(2) Title 24 Energy Calculations
(2) Geology Report
(2) Soils Report
(2) Condition of Approval Packages
(3) Temporary Fence Plan

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

47.All structures shall be designed in accordance with the current version of the California Building Codes, including the California Green Building Standards Code. Design all structures to comply with Seismic Design Category D, basic wind speed should be site specific and determined from ATC at www.atcouncil.org/windspeed with exposure type “C”, and Energy Calculations shall be designed per Climate Zone 10.

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

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

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

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

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

53.The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall request clearances from each department and/or agency at least two weeks prior to requesting a final building inspection from Building and Safety. Each agency may 800
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 sign the Building and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

54.A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans. Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

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

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

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

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

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

60.All construction projects shall comply with the NPDES Stormwater Best Management Program.

Prior to building permit issuance submit copy of the Water Quality Management Program Report. (WQMP)

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

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

63.Demolition of any onsite structures requires the following information or action. a. Submit copies of the property title at permit submittal. b. Provide copy of the hazardous materials survey (asbestos and lead) for each structure. c. Contact the City of Banning Building & Safety Department for current abatement and documentation requirements prior to performing demolition. 801
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

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

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

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

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

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

69.Structural plans and calculations shall be provided by a California licensed engineer or California licensed architect.

70.Clearly identify distance to property lines to all sides of the proposed buildings and between each building.

71.Allowable Area should be in accordance with CBC Table 506.2, and unlimited building areas shall be in accordance with CBC Section 507.

72.Provide occupancy separations per CBC Table 508.4.

73.For new buildings 10,000 square feet and over, building commissioning shall be included in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements. Please comply with all the requirements within CGBSC Section 5.410.2. Subject to further review.

74.Provide and identify on the site plan locations of designated parking spaces for any combination of low-emitting, fuel-efficient and car pool/ van pool vehicles per CGBSC Table 5.106.5.2. Provide calculations on the plans for the required number of spaces per CGBSC sec. 5.106.5.2. Lowemitting, fuel-efficient vehicle parking spaces shall be identified with the words “CLEAN AIR / VANPOOL / EV””. The bottom edge of the last word shall align with the end of the stall striping and be visible beneath a parked vehicle. Provide information on the site plans. CGBSC sec.

5.106.5.2.1.
802
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

75.Construction shall comply with CGBSC Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation of electric vehicle supply equipment (EVSE). Provide calculation accordingly for the number of electric vehicle charging stations per CGBSC Table 5.106.5.3.3. Please note per the 2022 California Codes, there are newer requirements for EV Parking Spaces.

76.Long Term: Provide and identify secure bicycle parking for buildings with more than (10) ten employees, or for additions or alterations that add 10 or more tenant vehicular parking spaces as outlined per CGBSC sec. 5.106.4.1.2. Bike rack spaces shall total 5% of vehicle parking spaces with a minimum of one space.

77.Accessible parking spaces and an accessible path of travel shall be provided from the public sidewalk to the main entrance of the office areas.

78.The accessible parking space(s) shall be located on the shortest accessible route of travel serving the accessible entrance. In buildings with multiple accessible entrances, assessable parking spaces shall be dispersed and located closest to the accessible entrances. (CBC Section 11B208.3.1)

79.All entrances and exterior ground-floor exit doors to buildings and facilities shall be made accessible to persons with disabilities. (CBC 11B-206.4.1)

80.Provide a complete accessible path of travel to the street and to the accessible parking space.

Identify all slopes and curb conditions along the accessible path of travel. Walks shall be a minimum of 48 inches in width with a maximum cross slope of 2% and a maximum slope in the direction of travel of 5%. Walks exceeding 5% shall conform to the requirements of a ramp. Curb ramps and truncated domes shall be detailed on the drawing plans. (CBC Section 11B-403.5.1) 803
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 Fire Department

81.Dock loading shall not impede fire department access lanes.

82.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 show there exists a water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow. a. Will Serve Letters from the responsible water purveyor are required prior to a map recordation.

83.Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the fire department. In areas 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 1,000 feet along streets for transportation hazards. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4 x 2 x 2 (super hydrant). Reference CFC as amended and NFPA 24.

84.Fire Department Access - Fire apparatus access roads shall be provided within 150 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 in length shall provide an approved turn around. For developments within the SRA and within the LRA VHFHSZ, the minimum required turning radius of a fire apparatus access road is 74 feet outside radius and 50 feet inside radius. See California Code of Regulations Title 14 Section 1273.04. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 80,000 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.

85.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 45 feet outside radius and 25 feet inside radius. For development within the SRA and within the LRA VHFHSZ, the bulb turnaround at the terminus shall be 40 feet outside radius and 16 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. 804
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

86.Secondary Access. Unless otherwise approved by the Fire Department, dead end fire apparatus access roads shall not exceed 660 feet for Very High Fire Hazard Severity Zone and High Fire Hazard Severity Zone areas. 800 feet for Moderate Fire Hazard Severity Zone. 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 possible 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.

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

88.Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC as amended.

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

90.Hazardous Vegetation and Fuel Management Plan - Projects in the Local Responsibility Area, Very High Fire Hazard Severity Zone, and the State Responsibility Area Very High, High, and Moderate Fire Hazard Severity Zones shall provide a Hazardous Vegetation and Fuel Management Plan to be reviewed and approved by the Fire Department. A preliminary plan shall be provided to and approved by the Fire Department prior to any new parcel map recordation. A final plan shall be provided prior to grading permit clearances. Reference CFC as amended.

91.Materials and Construction Methods for Exterior Wildfire Exposure - Projects in the Local Responsibility Area, Very High Fire Hazard Severity Zone, and the State Responsibility Area Very High, High, and Moderate Fire Hazard Severity Zones shall comply with Chapter 7A of the California Building Code and California Code of Regulations, Title 14 Fire Safety Regulations.

Reference CFC as amended.

92.Unlimited Area Building - Based upon the building construction type and requirements of the California Building Code (CBC), 60 feet of open space (with some reductions permitted) may be required around the building. Consult with your architect for additional information. Reference CBC.

93.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.
805
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

94.Gate Access - All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox padlock or Knox Box containing the key to the lock is installed in an approved location on the approach side of the gate). A pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked. Reference CFC as amended and RVC Fire Guideline OFM-01A.

95.Fire Department Access Doors. If high piled storage will be utilized in the building, Fire Department Access Doors may be required every 150 feet along all portions of the interior of the building that are along the fire apparatus access road. Reference CFC as amended.

96.Water Plans - If fire hydrants are required to be installed, applicant/developer shall furnish the water system fire hydrant plans to the 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.

97.Emergency Responder Communication Coverage Systems - Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Reference CFC as amended and Riverside County Fire Department Policies and Standards.

98.Fire Command Center - A fire command center for fire department operations shall be provided in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet, and in Group I-2 occupancies with occupied floors more than 75 feet above the lowest level of fire department vehicle access. This fire command center shall comply with Sections 508.1.1 through 508.1.7. Reference CFC as amended.

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

CFC 506.1.
100. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01.

Public Works Department
Please see attached Public Works Conditions beginning on next page 806
Resolution 2025-106

EXHIBIT B
Public Works Conditions
807
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
1 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.01
The applicant shall comply with Title 18 of the Banning Municipal Code “Grading, Erosion, and Sediment Control”, the City of Banning Grading Manual, California Building Code related to excavation and grading, and State Water Resources Control Board orders, rules, and regulations.

Informational
PW.Grade.02
Grading work shall be balanced on-site, wherever possible. If import or export is required as a result of the final grading plan, then measures will be taken to be in compliance with the applicable City of Banning Ordinances at time of final grading plan approval.

Informational
PW.Grade.03
The project grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained for the release of concentrated or diverted storm flows. The project shall accept and convey storm flows from the adjacent property within the property boundaries, or within drainage devices and easements obtained by the applicant.

Informational
PW.Grade.04
Rough grading plans shall include perimeter walls with top of wall and top of footing elevations shown. All footings shall have a minimum of 1-foot of cover, and/or sufficient cover to clear any obstructions. The Applicant shall submit design calculations and obtain permits for all perimeter and retaining walls from the Building and Safety Department.

Informational
PW.Grade.05
Impacts to jurisdictional streams, creeks and drainages shall be reviewed and approved by the appropriate regulatory agencies with jurisdiction in this area and will require the appropriate required permits issued. Long term regular maintenance and operation of drainage improvements, such as detention basins, shall be included in the initial regulatory permitting applications. Proof of permits shall be provided to the Public Works Department prior to the issuance of any grading permit.

Prior to Issuance
of a Grading
Permit
PW.Grade.06 A Grading Plan and Erosion Control Plan shall be submitted to the City Engineer for review and approval.

Prior to Issuance
of a Grading
Permit
PW.Grade.07
The grading plan shall identify existing easements within the development area. If any grading work impacts easements outside of the City of Banning jurisdiction, a copy of the encroachment permit for the easement holder shall be provided to the City Engineer and noted on the grading plan.

Prior to Issuance
of a Grading
Permit
PW.Grade.08
The grading plan shall identify environmental mitigation areas on the plan.

Proof of permits from Army Corps of Engineers, California Department of Fish and Wildlife, and Regional Water Quality Control Board shall be provided prior to any grading work and noted on the grading plan.

Prior to Issuance
of a Grading
Permit
PW.Grade.09
Temporary basins shall be constructed to meet detention requirements and earthen channels/berms shall be used to divert and convey flows during construction.

Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 808
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
2 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.10 The applicant shall submit a PM10 Management Plan for construction operations to the City Engineer and/or SCAQMD for review and approval.

Prior to Issuance
of a Grading
Permit
PW.Grade.11
If Import or Export is required, the applicant shall submit a construction haul route plan to the City Engineer for review and approval. Deviation during construction from the approved plan shall constitute a violation of the conditions of the grading permit.

Prior to Issuance
of a Grading
Permit
PW.Grade.12
A soils report and geotechnical study shall be submitted in conjunction with the grading plan with further analyses of on-site soil conditions and appropriate measures to control erosion and dust. Any issues or recommendations provided in the report shall be addressed to the satisfaction of the City Engineer. The responsible geotechnical engineer shall sign and stamp all grading plans indicating the plan complies with the recommendations of the comprehensive soils and geotechnical report.

Prior to Issuance
of a Grading
Permit
PW.Grade.13 A grading permit shall be obtained from the Public Works Department prior to the commencement of any grading work.

Prior to Issuance
of a Grading
Permit
PW.Grade.14
Construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site. Staging areas shall be screened from view from adjacent properties. Vehicles shall be kept clean and free of mud and dust before leaving the development site. Surrounding streets shall be swept daily and maintained free of dirt and debris.

Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 809
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
3 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.15
As required in MMRP MM BIO-1:

In order to avoid Project-related impacts to burrowing owls potentially occurring on or in the vicinity of the Project site and violation of the Burrowing Owl Protocol and the California Fish and Game Code 3503, 3503.5, and 3513, a 30-day preconstruction survey presence/absence survey for burrowing owl within the Impact Site (and 500-foot survey buffer) in accordance with the March 2006 Burrowing Owl Survey Instructions for the Western Riverside County MSHCP Area shall be conducted by a qualified prior to initial ground disturbing activities (e.g., vegetation clearing, clearing and grubbing, grading, tree removal, site watering, equipment staging) to ensure that no owls have colonized the site in the days or weeks preceding the ground disturbing activities. In addition, a preconstruction survey for burrowing owl shall be conducted within 3 days prior to initiation of Project activities and reported to CDFW.

If no burrowing owls are observed during the survey, site preparation and construction activities may begin. If burrowing owls have colonized the project site prior to the initiation of ground-disturbing activities, the project proponent will immediately stop work and inform the City of Banning and the Wildlife Agencies (California Department of Fish and Wildlife [CDFW] and US Fish and Wildlife Service [USFWS]). In consultation with the Wildlife Agencies additional avoidance and minimization measures shall be undertaken including the possibility of preparing a Burrowing Owl Protecting and Relocation Plan, prior to initiating ground disturbance. CDFW shall be sent written notification within 48 hours of detection of burrowing owls. If active nests are identified on an implementing Project site during the preconstruction survey, the Project applicant shall not commence activities until no sign is present that the burrows are being used by adult or juvenile owls or following CDFW approval of a Burrowing Owl Plan as described below:

Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 810
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
4 of 45
COA # Condition of Approval Completion
Milestone Status
If owl presence is difficult to determine, a qualified biologist shall monitor the burrows with motion-activated trail cameras for at least 24 hours to evaluate burrow occupancy. The on-site qualified biologist will verify the nesting effort has finished according to methods identified in the Burrowing Owl Plan. The qualified biologist and Project Applicant shall coordinate with the City, CDFW, and USFWS to develop a Burrowing Owl Plan to be approved by the City, CDFW, and USFWS prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, relocation, monitoring, minimization, and/or mitigation actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites and details on proposed buffers if avoiding the burrowing owls or information on the adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation and funding of artificial burrows (numbers, location, and type of burrows) and management activities for relocated owls shall also be included in the Burrowing Owl Plan.

The City will implement the Burrowing Owl Plan following CDFW and USFWS review and approval. f active burrowing owl burrows are detected within Impact Site(s) during Project implementation and construction, the Project applicant shall notify CDFW immediately in writing within 48 hours of detection. A Burrowing Owl Plan will be submitted to CDFW for review and approval within two weeks of detection and no Project activity will continue within 1,000 feet of the burrowing owls until CDFW approves the Burrowing Owl Plan.

The City shall be responsible for implementing appropriate avoidance and mitigation measures, including burrow avoidance, passive or active relocation, or other appropriate mitigation measures as identified in the Burrowing Owl Plan. A final report shall be prepared by a qualified biologist documenting the results of the burrowing owl surveys and detailing avoidance, minimization, and mitigation measures. The final report will be provided to City of Banning and CDFW within 30 days of completion of the survey and burrow monitoring for mitigation monitoring compliance record keeping.

Prior to Issuance
of a Grading
Permit
PW.Grade.15
(cont'd)
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 811
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
5 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.16
As required in MMRP BIO-2:

Regulatory requirement for potential direct/indirect impacts to nesting common and sensitive bird species will require compliance with the Migratory Bird Treaty Act and California Fish and Game (CDFG) Code Section 3503, 3503.5, and 3513. Site preparation activities (such as ground disturbance, construction activities, and/or removal of trees and vegetation) should be conducted, to the greatest extent possible, outside of the peak nesting season. Regardless of the time of year, a qualified biologist shall conduct a nesting bird survey within three days prior to any disturbance of the site, including disking, vegetation grubbing, and grading.

The survey(s) will focus on identifying any bird nests that would be directly or indirectly affected by construction activities. The survey area will include the Project impact footprint and a 500-foot buffer where legal access is granted around the disturbance footprint. Within 72 hours of the nesting bird survey, all areas surveyed by the biologist will be cleared by the Contractor or a supplemental nesting bird survey is required. The survey results shall be provided to the City’s Planning Department. The Project Applicant shall adhere to the following:

1. Applicant shall designate a biologist (Designated Biologist) experienced in:
identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 812
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
6 of 45
COA # Condition of Approval Completion
Milestone Status

2. Pre-activity field surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities.

Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If no nesting birds are observed during the survey, site preparation
and construction activities may begin. If active nests or nesting birds (including nesting raptors) are identified during the nesting bird survey, avoidance buffers shall be implemented as determined by a qualified biologist and approved by the City of Banning, based on their best professional judgement and experience. The buffer areas shall be avoided until the Project biologist determines the young have fledged and dispersed or it is confirmed that the nest has been unsuccessful or abandoned. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by accounting for topography, ambient conditions, species, nest location, and activity type. All nests shall be monitored as determined by the qualified biologist until nestlings have fledged and dispersed or it is confirmed that the nest has been unsuccessful or abandoned. The Designated Biologist shall monitor the nest at the onset of Project
activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. The qualified biologist will serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure
that no inadvertent impacts on these nests occur. The qualified biologist shall halt all construction activities within proximity to an active nest if it is determined that the activities are disturbing the nest and may result in nest abandonment or take. The qualified
biologist shall also have the authority to require implementation of avoidance measures related to noise, vibration, or light pollution if indirect impacts are resulting in harassment of the nest. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a final monitoring report of the findings, prepared by a qualified biologist, will be submitted to the City of Banning documenting compliance with the CDFG Code.

PW.Grade.16
(cont'd)
Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 813
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
7 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.17
As required in MMRP MM BIO-3:

Prior to the issuance of a grading permit, the Project applicant will obtain a USACE Section 404 Nation Wide Permit, RWQCB Section 401 Water Quality Certificate, and CDFW Section 1602 Streambed Alteration Agreement. The Applicant shall notify the California Department of Fish and Wildlife (CDFW) for impacts to Fish and Game Code section 1602 resources and obtain a CDFW-executed Lake and Streambed Alteration (LSA) Agreement authorizing impacts to Fish and Game Code section 1602 resources associated with the Project. The notification to CDFW should provide the following information:

1. A stream delineation including the bed, bank, and channel;

2. Linear feet and/or acreage of streams and associated natural communities that would be permanently and/or temporarily impacted by the Project. This includes impacts as a result of routine maintenance and fuel modification.

Plant community names should be provided based on vegetation association and/or alliance per the Manual of California Vegetation (Sawyer et al 2009);

3. A discussion as to whether impacts on streams within the Project site would impact those streams immediately outside of the Project site where there is hydrologic connectivity. Potential impacts such as changes to drainage pattern, runoff, and sedimentation should be discussed; and

4. A hydrological evaluation of the 100-year storm event to provide information on how water and sediment is conveyed through the Project site.

Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 814
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
8 of 45
COA # Condition of Approval Completion
Milestone Status
Currently, the impacted drainages and overall watershed are not within a service area of an approved mitigation bank. Depending on the timing of impacts and issuance of regulatory permits, should a mitigation bank become approved for the Whitewater River watershed, at minimum 2.67-acres of habitat creation credits from an approved bank will be purchased. However, since at this time no mitigation bank is approved for the whitewater watershed, it is assumed at minimum 2.67-acres of on-site creation is required as outlined below. If it is determined that on-site mitigation is not feasible, creation of non-wetland waters at an off-site location would be required. The off-site location would be required to have a conservation easement or deed restriction placed over the mitigation area to ensure the site remains mitigation in perpetuity. Additionally, whether on or off-site, the mitigation site will require long-term maintenance and management by a qualified conservancy, including payment of a non-wasting endowment to fund the long-term maintenance.

To meet the criteria of a biologically equivalent or superior alternative, the applicant will offset permanent impacts to a minimum 0.54-acre of MSHCP Section 6.1.2 riverine resources (CDFW jurisdictional resource) as follows including the preparation of an MSHCP DBESP.
• Permanent impacts to a minimum of 0.54-acres of jurisdictional features will be mitigated at a minimum of a 5:1 ratio (2.67 acres) through the creation of in-kind habitat on-site along the eastern and northern most Project boundary. If it is determined that on-site mitigation or off-site is not feasible, additional alternatives could include, payment into an acceptable an approved mitigation bank should one become available at the time of impacts and permitting.
• A Habitat Mitigation and Monitoring Plan for the creation of in-kind habitat will be prepared, reviewed and approved by the City of Banning, USACE, RWQCB and CDFW. The created habitat will be monitored by the Project proponent for a minimum of 5 years; monitoring reports shall be provided to the City of Banning and appropriate regulatory agency on an annual basis. The restoration area must meet standardized success criteria as described in a Habitat Mitigation and Monitoring Plan, which will be required as part of the permit process and approved by the Resource Agencies.
• A DBESP will be also prepared, reviewed and approved by the City of Banning and MSHCP wildlife agencies prior to the issuance of grading permits.

Prior to Issuance
of a Grading
Permit
PW.Grade.17
(cont'd)
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 815
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
9 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.18
As required in MMRP MM CUL-1, please include the following note on Grading Plans:

Prior to the issuance of a grading permit, an archaeological resource monitoring plan shall be developed by a qualified archaeologist. This plan shall include a grading observation schedule, to be maintained when initial mass grading occurs in upper soils, to identify and further evaluate any cultural resources that may be discovered in the Project area. A qualified archaeologist and/or Native American monitor(s) from Consulting Tribe(s) shall be retained to attend pre-grading meetings and to monitor earthmoving activities, including clearing, grubbing, cutting, and trenching at the site. The archaeologist and/or Native American monitor(s) from Consulting Tribe(s) shall carefully inspect these areas to assess the potential for significant prehistoric or historic remains. If potential archaeological and historical resources are uncovered, the construction contractor shall cease grading operations in the vicinity of the find until further evaluation is undertaken to assess the discovery. Further subsurface investigation may be needed if the resource is determined unique or important for its prehistoric or historic information.

Prior to Issuance
of a Grading
Permit
PW.Grade.19
As required in MMRP MM CUL-2, please include the following note on Grading Plans:

If archaeological remnants are discovered during monitoring, the archaeologist and/or Native American monitor(s) from Consulting Tribe(s) shall have the authority to divert construction in order to assess the significance of the find. Remnants shall be properly evaluated, documented, and deposited as applicable, consistent with State and local protocols.

During
Excavation
PW.Grade.20
As required in MMRP MM CUL-3, please include the following note on Grading Plans:

Prior to the issuance of grading permits, the applicant shall enter into a Native American monitoring agreement with one of the Consulting Tribes for the Development Project. The Native American Monitor shall be on site during all initial ground-disturbing activities, including clearing, grubbing, vegetation removal, grading, and trenching, within native soils. The Native American Monitor shall have the authority to temporarily divert, redirect, or halt the ground-disturbing activities in accordance with MM CUL-5 to allow identification, evaluation, and potential recovery of cultural resources.

The applicant shall meet and confer with the Tribe on the consideration of a “Sensitivity Workshop” training on possible things that could come up in case a Native American Monitor is not on site to monitor at certain times.

Agreement Date:

Prior to Issuance
of a Grading
Permit
PW.Grade.21
As required in MMRP MM GEO-1:

The Project would comply with the grading guidelines and all recommendations provided in the Geotechnical Investigation prepared for the Project.

Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 816
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
10 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.22
As required in MMRP MM GEO-2:

The Applicant will submit a Paleontological Resources Impact Mitigation Program (PRIMP) prepared by a qualified paleontologist to the City’s Community Development Director, or designee, prior to the issuance of a grading permit to reduce impacts to sensitive paleontological resources during construction activities, and all other surface-disturbance activities. The PRIMP would include the following:
• The PRIMP shall be prepared by a Qualified Paleontologist, based on Society of Vertebrate Paleontology (SVP) guidelines, and meet all regulatory requirements. The qualified paleontologist shall have a Master’s Degree or Ph.D. in paleontology, shall have knowledge of the local paleontology, and shall be familiar with paleontological procedures and techniques.
• The PRIMP shall include a site-specific investigation that will identify construction impact areas of ranging sensibility and approximate depths at which those resources are likely to be encountered. The Plan shall define monitoring procedures and methodology, and shall specify that sediments of undetermined sensitivity shall be monitored on a part-time basis (as determined by the Qualified Paleontologist).
• The PRIMP shall state which resources will be avoided and which shall be recovered for their data potential. Where possible, recovery is preferred over avoidance in order to mitigate the potential for looting of paleontological resources. The Plan shall also detail methods of recovery, preparation and analysis of specimens, final curation of specimens at a federally accredited repository, data analysis, and reporting.

Prior to Issuance
of a Grading
Permit
PW.Grade.23
As required in MMRP MM GEO-3:

A qualified paleontologist will attend preconstruction meetings to consult with the grading and excavation contractors concerning planned depths, excavation schedules, paleontological field techniques, and safety issues. In addition, all on-site construction personnel will receive Worker Education and Awareness Program (WEAP) training prior to the commencement of excavation work. All ground-disturbing activities associated with Project construction occurring within previously undisturbed fossil bearing formations will be monitored by a qualified paleontologist or qualified paleontological monitor. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials and works under the direction of a qualified paleontologist. If fossils are discovered, the paleontologist (or paleontological monitor) will recover them. In most cases, this fossil salvage can be completed in a short period of time; however, some fossil specimens, such as a complete large mammal skeleton, may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) will be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on site.

Prior to Issuance
of a Grading
Permit and
excavation
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 817
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
11 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.24
As required in MMRP MM GEO-4:

Fossil remains collected during the monitoring and salvage portion of the program will be cleaned, repaired, sorted, and catalogued. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, will be deposited (as a donation) in a scientific institution with permanent paleontological collections located within Riverside County (or, if no repository is available, adjacent Counties). A final data recovery report will be completed that outlines the results on the paleontological monitoring program. This report will include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. The report will
be submitted to the City’s Community Development Director, or designee, upon completion.

During
excavation
PW.Grade.25
As required in MMRP MM TCR-1:

Native American Treatment Agreement: Prior to the issuance of grading permits, the applicant shall enter into a Tribal Monitoring Agreement with the Morongo Band of Mission Indians for the project. The Tribal Monitor shall be on-site during all ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the grounddisturbing activities to allow identification, evaluation, and potential recovery of cultural resources.

Prior to Issuance
of a Grading
Permit
PW.Grade.26
As required in MMRP MM TCR-2: Retention of Archaeologist:

Prior to any ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind) and prior to the issuance of grading permits, the Applicant shall retain a qualified archaeologist who meets U.S. Secretary of the Interior Standards (SOI). The archaeologist shall be present during all ground disturbing activities to identify any known or suspected archaeological and/or cultural resources.

The archaeologist will conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO) and/or designated Tribal Representative. The training session will focus on what the archaeological and tribal cultural resources that may be encountered during ground-disturbing activities, and the procedures to be followed in such an event.

Prior to Issuance
of a Grading
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 818
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
12 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.27
As required in MMRP MM TCR-3: Cultural Resource Management Plan:

Prior to any ground-disturbing activities the project archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing and responsibility of all archaeological and cultural resource activities that occur on the project site. This Plan shall be written in consultation with the consulting Tribe[s] and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties’ responsibilities, procedures for each MM or COA, and an overview of the project schedule.

Prior to Issuance
of a Grading
Permit
PW.Grade.28
As required in MMRP MM TCR-4: Pre-Grade Meeting:

The retained qualified archeologist and Consulting Tribe[s] representative shall attend the pre-grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.

Prior to Issuance
of a Grading
Permit
PW.Grade.29
As required in MMRP MM TCR-5: On-site Monitoring:

During all ground-disturbing activities the qualified archaeologist and the Native American monitor shall be on-site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074. Archaeological and Native American monitoring will be discontinued when the depth of grading and soil conditions no longer retain the potential to contain cultural deposits. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring.

During
Excavation
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 819
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
13 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.30
As required in MMRP MM TCR-6: Inadvertent Discovery of Cultural Resources:

In the event that previously unidentified cultural resources are unearthed during construction, the qualified archaeologist and the Native American monitor shall have the authority to temporarily divert and/or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed. If a potentially significant cultural resource(s) is discovered, work shall stop within 60-feet of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist and Tribal Monitor[s]. The archaeologist shall notify the Lead Agency and consulting Tribe[s] of said discovery. The qualified archaeologist, in consultation with the Lead Agency, the consulting Tribe[s] and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the Tribal Cultural Resource’s treatment and disposition shall be made by the qualified archaeologist in consultation with the Tribe[s] and the Native American monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatment and dispositions of significant cultural resources in order of CEQAs preference:
• Full avoidance.
• If avoidance is not feasible, Preservation in place.
• If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction.
• If all other options have been proven to be infeasible, data recovery through excavation and curated in a Curation Facility that meets the Federal Curation Standards (CFR s79.1)
During
Excavation
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 820
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
14 of 45
COA # Condition of Approval Completion
Milestone Status
MM TCR-7: Inadvertent Discovery of Human Remains: The Morongo Band of Mission Indians requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the consulting Tribe[s]. Should human remains and/or cremations be encountered on the surface or during any and all grounddisturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within 100-feet of the discovery. The area shall be protected, project personnel/observers restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to come to his/her determination pursuant to State and Safety Code Section 7050.5. and Public Resources Code (PRC) Section 5097.98. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native
American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC Section 7050.5. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make their recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC Section 5097.98. If the Morongo Band of Mission Indians has been named the Most Likely Descendant (MLD), the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance and reside in perpetuity. The place(s) of reburial will not be disclosed by any party and is exempt
from the California Public Records Act (California Government Code Section 6254[r]). Reburial location of human remains and/or cremations will be determined by the Tribes Most Likely Descendant
(MLD), the landowner, and the City Planning Department.

PW.Grade.32
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.

Prior to Issuance
of a Building
Permit
PW.Grade.33
The applicant shall provide a lot pad certification. The pad certification shall include an elevation and compaction certification. The elevation certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. The compaction certification shall list the relative compaction of the pad soil and shall be certified by a licensed geotechnical engineer.

Prior to Issuance
of a Building
Permit
PW.Grade.31 During
Excavation
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 821
City of Banning - Public Works Department
Exhibit B Conditions of Approval
Grading
15 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Grade.34
The applicant shall provide a Final Grade Certification. The certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall show actual building setbacks, swales, drainage devices, and other items shown in conformance with the approved Precise Grading Plan.

Prior to
Certificate of
Occupancy
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 822
City of Banning - Public Works Department
Conditions of Approval
General Conditions
16 of 45
COA # Condition of Approval Completion
Milestone Status
PW.General.01
The subject property shall substantially conform to the approved Banning Commerce Center Design Review (DR21-7017), Environmental Impact Report and Mitigation Monitoring and Reporting Program (ENV21-1524), Tentative Parcel Map 38576, and Banning Commerce Center Development Agreement.

The City Engineer may approve minor design modifications to the project plans during the plan check process, if such modifications conform to the provisions of the Banning Municipal Code. Substantial changes shall not be permitted except upon application for, and approval of modification of this entitlement in compliance with all applicable procedures and requirements.

Where conflict exists between these Conditions of Approval and the governing documents listed above, the more strict provision shall prevail.

Informational
PW.General.02
Revisions to the approved Tentative Parcel Map 38576 during plan check process; including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes that are in substantial compliance with the Tentative Map, or associated Conditions of Approval, shall be administratively approved through the plan check process with the mutual consent and approval of the Developer, the Community Development Director, and the City Engineer. Changes that are not administratively approved, through the process referenced above and herein shall be amended in accordance with the Subdivision Map Act, as amended and codified within the Banning Municipal Code (BMC).

Informational
PW.General.03
All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

Informational
PW.General.04
The applicant shall comply with the Tentative Parcel Map, Conceptual Grading Plan, Preliminary Hydrologic and Hydraulic Analysis, Preliminary Water Quality Management Plan, Preliminary Geotechnical Investigations, Traffic Impact Analysis, and other relevant technical documents approved during project entitlement with the Environmental Impact Analysis. Any significant omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision.

Informational
PW.General.05
An Encroachment Permit shall be required prior to commencement of any work within the public right-of-way. The contractor working within the public right-of-way shall submit proof of a Class “A” State Contractor’s License, City of Banning Business License, and Liability Insurance.

Informational
PW.General.06
If a CFD is considered for this Parcel Map, prior to first COO, the applicant shall either demonstrate that the CFD has already been created or that a CFD application has been submitted and accepted as complete by the City of Banning Financial Services Division and shall include all maps, related Engineers report, and the required information (CFD boundary maintenance areas by location and type, etc.) to the satisfaction of the City Engineer.

Informational
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 823
City of Banning - Public Works Department
Conditions of Approval
General Conditions
17 of 45
COA # Condition of Approval Completion
Milestone Status
PW.General.07
The applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan, and improvement plans where applicable.

Informational
PW.General.08
Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to the Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act)
Informational
PW.General.09
All future utility systems including gas, electric, telephone, water, sewer, and cable TV, shall be provided for underground (except SCE 115 kV Transmission Faculties), 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.

Informational
PW.General.10
Any existing public improvements, or public improvements not accepted by the City that are damaged during construction shall be removed and replaced or repaired as determined by the City Engineer or his/her representative.

Informational
PW.General.11
All weather vehicular access in accordance with Riverside County Fire Department Technical Policy #TP 22-002 shall be maintained at all times to all parts of the proposed subdivision, where construction work is in progress, for emergency vehicles.

Informational
PW.General.12
All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.) within the Final Map and required improvement plan limits. The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Applicant.

Informational
PW.General.13
Prior to the release of surety and upon completion of construction, the Applicant shall furnish the City with reproducible record drawings on Mylar film of all improvement plans that were approved by the City Engineer. Each sheet shall be clearly marked "As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD files submitted to the City, revised to reflect the “As-Built” conditions.

Informational
PW.General.14
A Mitigation and Monitoring Reporting Program has been established for this project. All conditions in the MMRP shall be implemented with sign off and approvals by the milestones required in the MMRP.

Informational
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 824
City of Banning - Public Works Department
Conditions of Approval
Improvement Plans, Maps,
Reports, Agreements and Certifications
18 of 45
Permit Type Plan Set Scale Notes
Grading Rough Grading Plan 1" = 40'
Precise Grading Plan 1" = 20'
Borrow Plan 1" = 40' If Necessary
Stockpile Plan 1" = 40' If Necessary
Retaining Walls 1" = 40' May be included with any grading plan Haul Route 1" = 100' May be included with any grading plan Clearing Plan 1" = 100' May be included with any grading plan Demolition Plan 1" = 100' May be included with any grading plan Erosion and Sediment Control 1" = 40' Shall be included with any grading plan Encroachment Street Improvement Plan 1" = 40' Horiz/ 1" = 4' Vertical Signing and Striping Plan 1" = 40'
Traffic Signal Plan 1" = 40'
Traffic Control Plan 1" = 40'
Storm Drain Improvement Plan 1" = 40' Horiz/ 1" = 4' Vertical Channel Improvement Plan 1" = 40' Horiz/ 1" = 4' Vertical Potable Water Plan 1" = 40' Horiz/ 1" = 4' Vertical
Non Potable Water Plan 1" = 40' Horiz/ 1" = 4' Vertical Sewer Plan 1" = 40' Horiz/ 1" = 4' Vertical
Other Improvements TBD As pre-approved by City Engineer Final Maps Final Map 1" = 40'
Easement Dedications
Corner Records
All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.

All off-site plan and profile, street improvement plans, and signing and striping plans shall show all existing improvements for a minimum distance of 200 feet longitudinally along the centerline of the street and within the existing right of way, and to a distance sufficient to show any required design transitions.

An index map shall be provided on the title sheet of all plan sets showing the overall view of the entire work area.

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

The following is a non-inclusive list of items that may be required by the Public Works Department. Unless otherwise authorized in writing by the City Engineer, plans shall utilize the minimum scale specified and shall be drawn on 24”x36” sized paper. Plans should be drawn at a larger scale if additional detail and/or clarity is desired (Note: The applicant may be required to prepare other improvement plans not listed here pursuant to improvement required by other agencies and utility purveyors). Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.

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

Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 825
City of Banning - Public Works Department
Conditions of Approval
Improvement Plans, Maps,
Reports, Agreements and Certifications
19 of 45
Records of Survey
Technical Geotechnical Report
Studies Hydrologic and Hydraulic Report
LOMR (as required by FEMA)
Water Quality Management Plan (WQMP)
Potable Water Hydraulic Assessment
Sewer Lift Station Study
Dust Control and Prevention Plan (PM10)
Compaction Report
Permits and Permission to Grade
Agreements Construction Agreements
BMP Agreement
Landscape Maintenance Agreement
Improvement Agreement
Performance Bonds
Labor and Material Bond
Maintenance Bond
Non-Interference Letter
Regional Water Quality Control Board Permits
USFWS/CDFW Permits
Certifications Grading Certifications
Pad Certifications
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 826
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
20 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Map.01
The submittal, approval, and recordation of the Final Map shall be in accordance with the provisions of the State Subdivision Map Act and Title 16, Subdivisions, of the Banning Municipal Code.

Informational
PW.Map.02
The Final Map shall have adequate reservations for public ingress and egress as well as public and/or private utility easements and abandonment of existing utility easements to the satisfaction of the City Engineer. The applicant shall be responsible for contacting all utility providers to establish appropriate easements required to provide services to each development area.

Informational
PW.Map.03
The applicant shall file an Environmental Constraint Sheet. An Environmental Constraint Sheet means a duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed with the County Surveyor simultaneously with the final map and labeled ENVIRONMENTAL CONSTRAINT SHEET in the top margin. Applicable items will be shown under a heading labeled Environmental Constraints Notes.

The Environmental Constraint Sheet shall contain the statement:

THE ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS MAP

SHEET IS FOR INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS OF

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

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

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

Informational
PW.Map.04
Prior to issuance of any permit(s), the applicant shall acquire or confer property rights necessary for the construction or proper functioning of the proposed project/development. Conferred rights may include right-of-way dedications, irrevocable offers to dedicate or grant of easements to the City for emergency services, maintenance, utilities, storm drain facilities, or temporary construction purposes including the reconstruction of essential improvements as directed by the City Engineer. All costs associated with acquiring rights-of-way or easements shall be borne by the applicant.

Informational
PW.Map.05
In the event that the applicant in unsuccessful in acquiring necessary property rights outside the project/development, the City will consider and potentially act on the option to acquire through eminent domain. Permits (or portions of permits) that are not affected by ROW acquisition will not be held up during the property acquisition or eminent domain process.

Informational
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 827
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
21 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Map.06
During the improvement plan checking process, turning radius template checks shall be submitted for access to all storm drain facilities, open space, and other utility easements that are accessed from a publicly accessible paved street. These templates shall clearly show that the easements are sufficient for full access under emergency conditions. The City of Banning's review of the easements shall include appropriateness of the vehicle turning radius, easement slopes and easement widths. Additional easement widths shall be required when the design vehicle is likely to use outriggers or other means of load stabilization.

Informational
PW.Map.07
Any public right-of-way or streets to be vacated from public use, pursuant to Street and Highway Codes Sections 8300 through 8363, shall conform to the complete vacation procedure and show specific circulation alternative, where required. All street vacations shall be shown on the final map.

Informational
PW.Map.08
All public facilities including sewer, water, and drainage shall be located in a public right of way or public utility easement. All final maps shall include appropriate easements per the approved tentative map and as required by the City Engineer and/or other agency maintaining public facilities. All easements shall meet minimum width and access requirements as mandated by the City or governing agency.

Informational
PW.Map.09
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.

Informational
PW.Map.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.

Informational
PW.Map.11
The Applicant shall be responsible for research on private utility lines (Gas, Edison, Telephone, Cable, Internet, etc.) to ensure there are no conflicts with site development. All existing on-site utility lines that conflict with this project shall be relocated, removed, or sealed to the satisfaction of the City Engineer.

Informational
PW.Map.12
The applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer of dedication to the City of Banning unless such easements are expressly made subordinate to the easements to be offered for dedication to the City or unless such easements do not conflict with the City’s intended purposes or uses. Prior to granting any of said easements, the applicant shall furnish a copy of the proposed easement to the City Engineer for review and approval. Further, a copy of the approved easement shall be furnished to the City Engineer prior to the issuance of any certificate of use and/or occupancy.

Informational
PW.Map.13
The applicant, at its sole expense, shall obtain all right of way or easement acquisitions necessary to implement any portion of condition of this project, including public improvements, off-site grading and construction, offsite street requirements, offsite public utility requirements, storm drain improvements, or any other requirement of these conditions.

Prior to Final
Map
Recordation
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 828
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
22 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Map.14
The applicant shall provide an easement over, across, and which provides ingress and egress to all private water quality, stormwater, drainage basins, public water facilities, public sewer facilities, public electric facilities, and fire department access to be dedicated to the City, for ingress, egress, and right to inspect, repair, remove, and replace unless otherwise directed by the City Engineer.

Prior to Final
Map
Recordation
PW.Map.15
The applicant shall offer for dedication on the Final Map, within Final Map boundaries, all public street right-of-way and public utility easements in conformance with project entitlement documents. The City may leave the dedications open for future acceptance when all required public street improvements for the map are installed by the applicant in the rights of way.

Prior to Final
Map
Recordation
PW.Map.16
The Applicant shall dedicate right-of-way or provide temporary easements beyond Parcel Map boundary with adjacent property owner(s) as required to provide utility service, public and/or emergency vehicular ingress and egress access to the nearest paved and publicly maintained street along the proposed Nicolet Street
Prior to Final
Map
Recordation
PW.Map.17
The Applicant shall offer to the City of Banning Lot C as shown on the Tentative Parcel Map for electrical utility purposes as defined in the project Development Agreement to the City of Banning.

Prior to Final
Map
Recordation
PW.Map.18
The Applicant shall offer to the City of Banning Lot D as shown on the Tentative Parcel Map for a sewer lift station necessary for the site to provide sewer service as defined in the project Development Agreement to the City of Banning.

Prior to Final
Map
Recordation
PW.Map.19
The applicant shall offer to dedicate to the City of Banning additional Right of Way as defined within the Final Map improvement limits as necessary to provide the total right of way described below:

Wilson Street - 55' to 110' Right of Way (West of O'Donnell Street) Wilson Street - 110' Right of Way (East of O'Donnell Street) O'Donnell Road - Min. 39' Half Width Right of Way
Cottonwood Road (South of Wilson Street ) - 110' Right of Way All offers of dedication shall include the corner cut-back at all intersections.

Corner cutbacks at intersections that will be utilized by trucks shall include truck turn templates to verify cutback dimensions.

Additional right of way may be required for intersection configurations or roadway transitions as indicated on the TPM. Additional right of way shall be offered on the final map at no cost to the City of Banning. Where additional right of way is necessary, improvement plans shall be reviewed and approved showing these requirements prior to Final Map recordation.

Prior to Final
Map
Recordation
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 829
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
23 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Map.20
Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows:

Faithful Performance Bond 100% of estimated cost
Labor and Material Bond 100% of estimated cost
Monumentation Bond - In the amount as supplied by the Record Engineer/Land Surveyor and as approved by the City Engineer Securities for the public improvements shall be on file with the City Clerk prior to scheduling the final map for approval by City Council. Unit prices for bonding estimates shall be those specified or approved by the City Engineer.

Prior to Final
Map
Recordation
PW.Map.21
The City and the applicant are to enter into a Public Improvement Agreement to guarantee the construction of the public improvements as listed in the Conditions of Approval and as shown on the approved plans.

Prior to Final
Map
Recordation
PW.Map.22
The applicant shall obtain approval from the Fire Marshall in consultation with the City Engineer, for a conceptual fuel modification plan and program, unless the City of Banning Fire Marshall (“Fire Marshall”) finds in writing to the City that such plan and program are not required for development of the property within the boundaries of this Final Map. Prior to the issuance of the first certificate of occupancy, within the lots affected by said fuel modification plans, the fuel modification shall be installed and completed under the supervision of the Fire Marshall with an approved plant palette.

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.

Prior to Issuance
of any
Construction
Permit
PW.Map.23
The applicant shall verify and/or set all property corners, r/w corners, and centerline monuments. Subsequently, the applicant shall cause the surveyor to file the appropriate documents and records to the County of Riverside.

Prior to Release
of Surety
PW.Map.24
Public improvements shall be completed and accepted by City of Banning prior to release of Faithful Performance Bond and Labor and Material Bond for such improvements. Faithful Performance Bond for applicable public improvements shall be reduced to 10% once City accepts improvements into maintenance period. Final 10% to serve as the maintenance bond for the 1- year maintenance period.

Prior to Release
of Surety
PW.Map.25
The Applicant shall comply with Assembly Bill 1414, which was enacted on January 1, 1995, and amended Section 8771 of the Business and Professions Code of the Land Surveyors Act. Assembly Bill 1414 requires that two (2) corner records be filed when:
- Monuments exist that control the location of subdivisions or tracts, streets or highways; or provides survey control. The monuments are located and referenced by a licensed Land Surveyor before any streets or highways are reconstructed or relocated. The corner record(s) of the references are filed with the County Surveyor.
- Monuments are reset in the surface of the new construction and a corner record is filed with the County Surveyor before recording of a Certificate of Completion for the project.

Prior to Release
of Surety
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 830
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
24 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Map.26
Permanent survey monuments shall be set at the intersection of street centerlines, beginning, and end of curves in centerlines, and at other locations designated by the Director of Public Works and City Engineer. All other centerline monuments shall be placed in accordance with standard survey practice. A complete set of street centerline ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of the monumentation bond.

Prior to Release
of Surety
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 831
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
25 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Storm.01 The applicant shall comply with Chapter 13.24 “Stormwater Management Systems” of the Banning Municipal Code. Informational
PW.Storm.02
The applicant shall submit a Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped (existing) conditions to the Engineering Division for review and approval. The study and analysis shall be prepared by a civil engineer licensed by the State of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District (RCFCD), RCFCD Hydrology Manual, and standard 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.

Informational
PW.Storm.03
The proposed drainage improvement plans shall be designed such that drainage facilities will maintain or reduce the 100-year peak runoff rates presently exiting all Project boundaries. The Project will use on-site detention basins to reduce the storm water flows to or below the existing condition flows prior to their discharge to areas located downstream of the project. The project shall be designed to retain the 100 year 3 hour storm.

Detention facilities shall have a maximum draw down time of 72 hours.

Informational
PW.Storm.04
Applicant shall submit drainage improvement plans for the proposed subdivision with the accompanying hydrology and hydraulic analysis and shall be designed per the RCFC&WCD Hydrology Manual and the City of Banning flood control standards. Finalized studies shall verify the size of flood control facilities. Drainage facilities shall be in accordance with the approved tentative map and specific plan. Plans shall be submitted to RCFC&WCD and/or the City of Banning for review and approval for facilities that are to be owned and/or maintained by RCFC&WCD.

Informational
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 832
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
26 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Storm.05
Trash Capture Devices are designed to keep trash, sediment, and debris from entering the City’s storm sewer system including its’ curb and gutters. The proposed project is in a “Priority Land Use” area (defined as: high-density residential areas (starting from 10 dwellings units/acre), Industrial areas (manufacturers, storage warehouses, distribution centers, junkyards), Commercial areas (populated consumer areas where goods and services are exchanged), Mixed-use areas (areas where high-density residential, industrial, and commercial intermix), and Public Transportation areas (property drains to or from bus stops)). Therefore, the developer shall install, operate, and maintain a “Full Capture” trash treatment control device for all storm drain systems (catch basins, inlets, etc.) on the property that capture runoff from the Priority Land Use area to comply with Trash Amendments/Provisions as defined by the SWRCB. The full capture system/device shall be selected from the SWRCB’s approved Certified “Full Capture Systems” list and shall also be approved by the City Engineer. If the project does not require a WQMP but is in a “Priority Land Use” area, a BMP Maintenance Agreement shall be prepared and executed with the City to ensure proper operation and maintenance of the full capture system/device and an annual self-inspection report shall be submitted to the Engineering Division.

Informational
PW.Storm.06
Stormwater basins within the development shall be privately maintained.

Any public storm drain with connection to a private stormwater basin shall include easements for public access and maintenance of the drainage device.

Informational
PW.Storm.07 Any stormwater basin outlet pipe without a direct connection to a City of Banning accepted storm drain or culvert shall be privately maintained. Informational PW.Storm.08
Easements to the City of Banning over storm drain basins and outlets shall be provided in accordance with the Stormwater Facilities Management Agreement.

Informational
PW.Storm.09
The applicant shall prepare a Final Water Quality Management Plan in accordance with the California Regional Water Quality Control Board Colorado River Basin Region Order No. R7-2013-0011. The WQMP shall identify if the project meets the criteria of a Priority Development Project and identify project Site Design BMP’s and Treatment Control BMP’s as applicable. The WQMP shall be reviewed and approved by the City Engineer.

Prior to the
Issuance of a
Grading Permit
PW.Storm.10
The applicant shall execute a Stormwater Management Facilities Agreement on terms agreed to by the parties guaranteeing the maintenance of stormwater pollution controls. Said agreement shall be recorded with the Riverside County Recorder and run with the land.

Prior to the
Issuance of a
Grading Permit
PW.Storm.11
The applicant shall file a LOMR as required by FEMA to remove the project site from the mapped floodplain in accordance with the preliminary floodplain studies prepared during project entitlement.

Prior to the
Issuance of a
Grading Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 833
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
27 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Storm.12
The applicant shall identify and include in its improvement plans structural and non-structural Best Management Practices (BMP’s) as outlined in the Final Water Quality Management Plan (WQMP).

Prior to the
Issuance of a
Grading Permit
PW.Storm.13 Drainage easements, as necessary, shall be shown and dedicated to the City of Banning on the Final Map.

Prior to
Recordation of
Final Map
PW.Storm.14
As required in MMRP MM BIO-3:

Prior to the issuance of a grading permit, the Project applicant will obtain a USACE Section 404 Nation Wide Permit, RWQCB Section 401 Water Quality Certificate, and CDFW Section 1602 Streambed Alteration Agreement. The Applicant shall notify the California Department of Fish and Wildlife (CDFW) for impacts to Fish and Game Code section 1602 resources and obtain a CDFW-executed Lake and Streambed Alteration (LSA) Agreement authorizing impacts to Fish and Game Code section 1602 resources associated with the Project. The notification to CDFW should provide the following information:

1. A stream delineation including the bed, bank, and channel;

2. Linear feet and/or acreage of streams and associated natural communities that would be permanently and/or temporarily impacted by the Project. This includes impacts as a result of routine maintenance and fuel modification.

Plant community names should be provided based on vegetation association and/or alliance per the Manual of California Vegetation (Sawyer et al 2009);

3. A discussion as to whether impacts on streams within the Project site would impact those streams immediately outside of the Project site where there is hydrologic connectivity. Potential impacts such as changes to drainage pattern, runoff,
and sedimentation should be discussed; and

4. A hydrological evaluation of the 100-year storm event to provide information on how water and sediment is conveyed through the Project site.

Prior to the
Issuance of a
Grading Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 834
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
28 of 45
COA # Condition of Approval Completion
Milestone Status
Currently, the impacted drainages and overall watershed are not within a service area of an approved mitigation bank. Depending on the timing of impacts and issuance of regulatory permits, should a mitigation bank become approved for the Whitewater River watershed, at minimum 2.67- acres of habitat creation credits from an approved bank will be purchased.

However, since at this time no mitigation bank is approved for the whitewater watershed, it is assumed at minimum 2.67-acres of on-site creation is required as outlined below. If it is determined that on-site mitigation is not feasible, creation of non-wetland waters at an off-site location would be required. The off-site location would be required to have a conservation easement or deed restriction placed over the mitigation area to ensure the site remains mitigation in perpetuity. Additionally, whether on or off-site, the mitigation site will require long-term maintenance and management by a qualified conservancy, including payment of a non-wasting endowment to fund the long-term maintenance.

To meet the criteria of a biologically equivalent or superior alternative, the applicant will offset permanent impacts to a minimum 0.54-acre of MSHCP Section 6.1.2 riverine resources (CDFW jurisdictional resource) as follows including the preparation of an MSHCP DBESP.
• Permanent impacts to a minimum of 0.54-acres of jurisdictional features will be mitigated at a minimum of a 5:1 ratio (2.67 acres) through the creation of in-kind habitat on-site along the eastern and northern most Project boundary. If it is determined that on-site mitigation or off-site is not feasible, additional alternatives could include, payment into an acceptable an approved mitigation bank should one become available at the time of impacts and permitting.
• A Habitat Mitigation and Monitoring Plan for the creation of in-kind habitat will be prepared, reviewed and approved by the City of Banning, USACE, RWQCB and CDFW. The created habitat will be monitored by the Project proponent for a minimum of 5 years; monitoring reports shall be provided to the City of Banning and appropriate regulatory agency on an annual basis. The restoration area must meet standardized success criteria as described in a Habitat Mitigation and Monitoring Plan, which will be required as part of the permit process and approved by the Resource Agencies. • A DBESP will be also prepared, reviewed and approved by the City of Banning and MSHCP wildlife agencies prior to the issuance of grading permits.

PW.Storm.15
Applicant shall make pipeline repairs necessary within the required improvement limits as identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to Release
of Surety
PW.Storm.16 Applicant shall provide GIS shape files for all roadway centerlines to the City of Banning Public Works Department for inclusion in the GIS database.

Prior to Release
of Surety
PW.Storm.14
(cont'd)
Prior to the
Issuance of a
Grading Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 835
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
29 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Street.01
All street designs shall comply with City of Banning standard drawings where available. If no City standard is available applicant may select standards in the following order:
1 - City of Banning Standards
2 - Riverside County Standard Drawings
3 - 'Greenbook' Standard Drawings
4 - Caltrans Standard Drawing
5 - Other published standards, subject to approval from the City Engineer.

Any standard drawing other than City of Banning standards shall be included on the improvement plan set as reference.

Informational
PW.Street.02 All street designs shall provide pavement and lane transitions per City of Banning and Caltrans standards for transitions to existing street sections. Informational PW.Street.03 Any public improvements damaged during the course of construction shall be replaced to the satisfaction of the City Engineer, or his/her designee. Informational PW.Street.04
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.

Informational
PW.Street.05 Applicant’s geotechnical engineer shall provide the design of the pavement section and field measured “R-Values” based upon the Caltrans Method. Informational PW.Street.06 Street pavement design shall take into account the subgrade soil strength, the projected traffic loading, and have a design life of 20 years. Informational PW.Street.07
Minimum AC Thickness for any roadway shall be 4" AC, completed in 2 lifts.

Final lift shall be a 0.15-foot cap completed after onsite construction is completed.

Informational
PW.Street.08
A minimum of 36’ of asphalt pavement are required for all new roadways.

For LOCAL, COLLECTOR, DIVIDED COLLECTOR, and ARTERIAL HIGHWAY S, applicant shall provide additional pavement opposite the street centerline of the project to meet the 36’ pavement requirement.

Informational
PW.Street.09
A minimum width of 20 feet for a paved or all weather emergency access in accordance with Riverside County Fire Department Technical Policy #TP 15- 002.

Informational
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 836
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
30 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Street.10
Applicant shall provide horizontal and vertical site distance calculations for review and approval by the City Engineer. Safe horizontal traffic sight distances and vertical curve sight distances shall be maintained regardless of street intersection angles, street grades, landscaping, or the lot configuration shown on the approved tentative tract map, as follows:
- All vertical curve sight line design shall be per the Caltrans Design Manual (Figures 201-latest, Topic 405-latest, et al). The vertical curve design speed along with the requisite vertical curve geometric data shall be shown on the improvement-drawing sheet where the curve occurs.
- All horizontal curve sight line design shall be per Riverside County Standards (Plates 114, 821, et al). Horizontal curve design speeds along with the related geometric data shall be tabulated on the improvement drawing sheets where the curves occur.
- Horizontal and vertical sight distances shall be maintained even if such compliance results in reconfigured lots and/or a reduction in the lot count shown on the approved tentative map. City of Banning Ordinances shall be met while achieving the required safety requirements.

Informational
PW.Street.11
In accordance with the California Building Code, Title 24, and the requirements of the Americans with Disabilities Act (ADA), facilities for disabled persons shall be constructed in locations specified by the City Engineer (i.e., accessible paths of travel, curb ramps, etc.).

Informational
PW.Street.12 Parking areas shall be designed and improved with grades not to exceed five percent slope. All applicable ADA standards will be adhered to. Informational PW.Street.13
The street improvement plans shall include details for all ADA ramps, indicating elevations and grades in accordance with City of Banning standard drawings at a scale of 1”=5’ or larger if necessary.

Informational
PW.Street.14 ADA Ramps shall comply with City of Banning Standards and adopted PROWAG guidelines, whichever is stricter. Informational PW.Street.15 All streets shall have a maximum grade of 15 percent. Wherever feasible street grades should be kept to 10 percent or less. Informational PW.Street.16 Access drives to the public right-of-way shall be restricted to those approved by the City Engineer as shown on the approved plans. Informational PW.Street.17 Commercial/Industrial driveway grades shall not exceed eight percent unless approved by the City Engineer. Informational
PW.Street.18
Traffic improvements shall adhere to the criteria shown in the approved Traffic Impact Analysis, Environmental Impact Report, and Mitigation and Monitoring Reporting Program.

Informational
PW.Street.19
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 raise pavement markers at fire hydrants), and street name signs.

Informational
PW.Street.20
All existing overhead utility lines located on or adjacent to the site shall be undergrounded prior to public improvement acceptance and surety release, to the satisfaction of the Public Works Director, including but not limited to, electrical distribution, telephone, and cable lines, with the exception of electric utility lines over 55 kV in accordance with Ordinance 1500.

Informational
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 837
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
31 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Street.21 Project shall incorporate facilities included the adopted Active Transportation Plan, including bike lane facilities. Informational PW.Street.22
Wilson Street (East of O'Donnell Street): Complete full width street improvements for ARTERIAL HIGHWAY roadway per City of Banning Standard ST101.1 (110' ROW, 86' curb to curb) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes.

Informational
PW.Street.23
Wilson Street (West of O'Donnell Street): Construct half width street improvements for ARTERIAL HIGHWAY roadway per City of Banning Standard ST101.1 (55' half width ROW, 43' curb to curb) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lane.

Informational
PW.Street.24
O'Donnell Street: Construct partial width street improvements for DIVIDED COLLECTOR roadway per City of Banning Standard ST100 (min. 39' half width ROW, 28' curb to CL) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes
Informational
PW.Street.25
Nicolet Street: Construct Nicolet Street from Hathaway Street to O'Donnell Street as an offsite access road in accordance with Riverside County Fire Department Technical Policy TP22-002 with a minimum 24' AC Paving with a structural section designed to carry project truck traffic. Applicant shall provide right of way or easement rights associated with this offsite roadway improvement.

Informational
PW.Street.26
Cottonwood Ave is designated as an Arterial Highway in the City of Banning Circulation Element, with a future interchange connection to Interstate 10, and shall be designed in such a manner to allow for the ultimate overcrossing of Interstate 10.

Cottonwood Ave: Half width street improvements for ARTERIAL HIGHWAY roadway per City of Banning Standard ST101.1 (110' ROW, 86' curb to curb) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes.

THIS CONDITION SHALL NOT APPLY, BASED ON THE PROJECT DEVELOPMENT AGREEMENT NEGOTIATIONS AND THE PUBLIC BENEFITS PROVIDED THEREIN.

Informational
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 838
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
32 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Street.27
Applicant shall submit and obtain written approval from the City Fire Marshall for the plans for all public or private access drives or streets. The plans shall include plan view and sectional views and indicate the grade and width of the road measured from flow-line to flow-line. When a dead end access exceeds 150-feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the City Fire Marshall. Applicable covenant, conditions or restrictions (CC&R’s) 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 from the Fire Marshall is granted.

Prior to Grading
Permit
PW.Street.28
COTTONWOOD AVE ALIGNMENT STUDY: Applicant shall process an alignment study for the ultimate plan and profile for Cottonwood Ave along the project's frontage that would accommodate the ultimate overcrossing and interchange at I-10. Study shall be concurrently processed by Caltrans and the City of Banning.

THIS CONDITION SHALL NOT APPLY, BASED ON THE PROJECT DEVELOPMENT AGREEMENT NEGOTIATIONS AND THE PUBLIC BENEFITS PROVIDED THEREIN.

Prior to Grading
Permit
PW.Street.29
Applicant shall prepare plans to fully implement requirements in the Traffic Impact Analysis for the project. Intersection improvements shall be designed for the ultimate condition. Improvement Plans shall indicate any right of way requirements that exceed the minimum City of Banning standards.

THIS CONDITION SHALL BE BASED ON THE PROJECT DEVELOPMENT AGREEMENT NEGOTIATIONS AND THE PUBLIC BENEFITS PROVIDED THEREIN.

Prior to
Recordation of
Final Map
PW.Street.30
Applicant shall provide proposed development plans to the City of Banning Transit Department for review and consideration of bus routing and bus stops. If a bus stop is required Wilson Street, applicant shall provide a Bus Turnout per Riverside County Standard Plan 814, necessary rights of way, bus shelter, trash receptacles, and signage.

Prior to
Recordation of
Final Map
PW.Street.31
A line item shall be included in the Construction Security Worksheet for the personnel needed for twenty-four hours a day, seven days per week for tending and maintaining all construction signage and safety apparatus. To the best extent possible, a person should be available twenty-four hours a day and seven days a week. The police department and fire department shall have access to the phone number. If there is a public concern, any person can contact the police/fire department who will be able to get a hold of the personnel. The personnel shall be available as on-call and the telephone number for the on-call person shall be publicly available at the Banning Police and Fire Departments. The City of Banning’s construction inspectors shall have the authority to stop the work in progress until the safety signage/lighting has been restored to a condition acceptable to said inspector.

Prior to
Recordation of
Final Map
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 839
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
33 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Street.32
HARGRAVE STREET AND I-10 WESTBOUND RAMPS:

The project traffic impact analysis indicates that the intersections of Hargrave Street and Interstate-10 will operate below acceptable levels with the additional of project traffic, and that the impact can be mitigated with the installation of a traffic signal.

Applicant shall prepare and process plans with Caltrans for the installation of a traffic signal at this intersection. Issuance of an encroachment permit by Caltrans is required prior to the issuance of a building permit.

Applicant shall construct the traffic signal at this intersection and have it operational prior to a Certificate of Occupancy.

THIS CONDITION SHALL NOT APPLY, BASED ON THE PROJECT DEVELOPMENT AGREEMENT NEGOTIATIONS AND THE PUBLIC BENEFITS PROVIDED THEREIN.

Prior to Building
Permit
-
Prior to
Certificate of
Occupancy
PW.Street.33
HARGRAVE STREET AND I-10 EASTBOUND RAMPS:

The project traffic impact analysis provides that the project contributes to the ultimate traffic at this intersection, with 32.2% fair share cost for the installation of a traffic signal and 29.5% for the addition of a southbound left turn lane.

Applicant shall prepare and process plans with Caltrans for the installation of a traffic signal and striping at this intersection. Issuance of an encroachment permit by Caltrans is required prior to the issuance of a building permit.

Applicant shall construct the traffic signal at this intersection and have it operational prior to a Certificate of Occupancy. Applicant is eligible for DIF reimbursement for project costs above the stated fair share requirements and may enter into a Reimbursement Agreement with the City of Banning for this work.

THIS CONDITION SHALL NOT APPLY, BASED ON THE PROJECT DEVELOPMENT AGREEMENT NEGOTIATIONS AND THE PUBLIC BENEFITS PROVIDED THEREIN.

Prior to Building
Permit
-
Prior to
Certificate of
Occupancy
PW.Street.34
FAIR SHARE IMPROVEMENTS:

The project traffic impact analysis provides that the project contributes to the ultimate traffic at Hathaway and Nicolet. The study assumes 67.9% fair share cost for the installation of a traffic signal and 71.6% to restripe the southbound approach to provide one left turn lane and one shared throughright turn lane.

Applicant shall prepare and construct the improvements listed above, and may enter into a reimbursement agreement with the City of Banning for the balance of the project costs to be reimbursed to the developer as other fair share contributions for the intersection are received by the City of Banning.

Prior to
Certificate of
Occupancy
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 840
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
34 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Street.35
A Traffic Control Plan shall be submitted for review and approval by the City Engineer. The Traffic Control Plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. Traffic control shall be included as a line item in the Engineer's Estimate for bonding purposes. No construction shall be allowed prior to the approval of this plan.

Prior to
Encroachment
Permit
PW.Street.36
Street lights shall be installed in accordance with the City of Banning Electric Department Standards. A detailed lighting plan shall be submitted for review and approval by the City’s Electric Department and City Engineer prior to recordation of Final Maps. The plan shall indicate style, illumination, location, height and length of mast arm.

Prior to
Encroachment
Permit
PW.Street.37

FRONTAGE IMPROVEMENT CONDITIONS FOR COTTONWOOD AVE - THIS

CONDITION SHALL NOT APPLY, BASED ON THE PROJECT DEVELOPMENT AGREEMENT NEGOTIATIONS AND THE PUBLIC BENEFITS PROVIDED THEREIN.

Prior to
Certificate of
Occupancy
PW.Street.38
As required in MMRP GHG-1, please include the following note on Street Improvement Plans:

Prior to issuance of tenant occupancy permits, the Project shall be required to install a solar photovoltaic (PV) system or otherwise acquire energy from the local utility that has been generated by renewable sources, sufficient to power the anticipated initial improvements for the warehouse (i.e., the Title 24 electricity demand and the plug-load). The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the off-site export, the proposed Project may utilize a battery energy storage system (BESS) to lower off-site export while maintaining on-site renewable generation to off-set consumption. The building shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. In addition, to ensure that the Project’s electrical room(s) is sufficiently sized to accommodate the potential need for additional electrical panels, either (1) a secondary electrical room shall be provided in the building, or (2) the primary electrical room shall be sized 25 percent larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25 percent excess demand capacity.

Prior to
Certificate of
Occupancy
PW.Street.39
All fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street/access driveway as approved by the Fire Marshall and must be maintained in good condition by the property owner until the street is accepted for maintenance.

Prior to
Certificate of
Occupancy
PW.Street.40
All required public improvements for the project shall be completed, tested, and approved by City of Banning and/or other governing agency to the satisfaction of the City Engineer or their designee.

Prior to
Certificate of
Occupancy
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 841
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
35 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Street.41
Applicant shall install all street name signs, striping, and related signage as shown on the approved plans to the satisfaction of the City Engineer and Public Works Director.

Prior to
Certificate of
Occupancy
PW.Street.42
HATHAWAY STREET IMPROVEMENTS: The following shall be completed to the satisfaction of the City Engineer:
•Along the west side of N Hathway Street between E Williams Street and E George Street, install City standard sidewalk behind curb and gutter, and install city standard curb ramps at intersections. Install new residential driveways as necessary to maintain access to existing driveway locations. •Within the exisƟng right-of-way and pavement along the west side of N Hathway Street between E Williams Street and future Wilson Street, install striping for a new 6 ft. bike lane.
•Within the exisƟng right-of-way and pavement along the east side of N Hathway Street between E Williams Street and existing Nicolet Street, install striping for a new 6 ft. bike lane.
•At the intersecƟon of E Jacinto View Road and N Hathway Street, provide traffic measure to restrict Project traffic from access to E Jacinto View Rd •At the intersecƟon of E Nicolet Street and N Hathway Street, provide traffic measure to restrict Project traffic from access to E Nicolet Street •At the intersecƟon of E George Street and N Hathway Street, provide traffic measure to restrict Project traffic from access to E George Street Prior to
Certificate of
Occupancy
PW.Street.43
HARGRAVE STREET AND RAMSEY STREET OPERATIONAL STUDY:

Applicant shall prepare an operational analysis of the intersection of Ramsey and Hargrave, including striping, turn pockets, and signal operations based on the project traffic study for review by the Public Works Department to the satisfaction of the City Engineer and implement recommendations prior to the issuance of a Certificate of Occupancy.

Prior to
Certificate of
Occupancy
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 842 City of Banning - Public Works Department
Conditions of Approval
Landscaping
36 of 45
COA # Condition of Approval Completion
Milestone Status
PW.LS.01
The applicant shall be required to enter into a Landscape Maintenance Agreement for the perpetual maintenance of landscaping within the public right-of-way fronting the project sites.

Informational
PW.LS.02
Prior to laying of the aggregate base layer for any new streets, all landscaping irrigation services (or sleeves to accommodate said services) shall be installed. Street cut permits may be denied and alternate methods may be required for any construction within a street that was accepted by the City within the prior five years.

Informational
PW.LS.03
The applicant shall plant and maintain trees, shrubs, and ground cover placed in the parkway, slopes adjacent to public rights-of-way, and median islands constructed in connection with the project in accordance with applicable City standards until maintenance of such area is turned over to Property Owners Association. This includes ensuring that irrigation systems are operating properly, the clearing of debris, and regular weed removal.

Informational
PW.LS.04
Landscape and irrigation plans for all required facilities shall be submitted for approval. The final design of the parkways, walls, landscaping, and sidewalks shall be included in the plans and shall be subject to approval by the Community Development Director and City Engineer.

Informational
PW.LS.05 All landscape improvements within public right of way shall be compliant with the City of Banning MWELO guidelines. Informational PW.LS.06 Applicant shall prepare and submit to the City of Banning Public Works Department landscape and irrigation for approval
Prior to
Encroachment
Permit
PW.LS.07
An automatic sprinkler system and landscaping shall be installed, within the common areas including perimeter slopes and perimeter streets. Each system shall include a smart landscape irrigation controller (including remote communication), a separate water meter and electric meter, and plantings as approved by the Community Development Director. Landscaping plans and specifications shall be reviewed and approved by the City Engineer.

Prior to
Certificate of
Occupancy
PW.LS.08
As required in MMRP MM GHG-4, please include the following note on Landscape and Irrigation Plans:

Prior to the to issuance of Certificate of Occupancy, the Planning Department shall confirm that tenant lease agreements include contractual language that all landscaping equipment used on-site shall be 100 percent electrically powered. This mitigation measure applies only to tenant permits and not the building shell approvals.

Prior to
Certificate of
Occupancy
PW.LS.09
Landscape improvements shall be certified by a licensed landscape architect or licensed landscape contractor as having been installed in accordance with the approved detailed plans and specifications. The applicant shall furnish said certification, including an irrigation management report, for each landscape irrigation system and any other required implementation report determined applicable, to the City Engineer for review and approval.

Prior to Surety
Release
PW.LS.10
Applicant shall provide GIS shape files for all irrigation lines and appurtenances including street crossings to the Public Works Department for inclusion in the GIS Database.

Prior to Surety
Release
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 843
City of Banning - Public Works Department
Conditions of Approval
Potable Water
37 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Wat.01
All public potable water improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.

Informational
PW.Wat.02
All private potable water improvement shall be designed and constructed per California Building Code, California Plumbing Code, and California Fire Code, latest editions. All private improvements shall be concurrently reviewed by the Building and Safety Department.

Informational
PW.Wat.03 All private fire suppression systems shall be reviewed and approved by the City Fire Marshall. Informational
PW.Wat.04
Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project.

Informational
PW.Wat.05
A water improvement plan shall be submitted, separate from grading or site plans, showing proposed water service connection sizes and locations, including separate laterals for irrigation and fire protection. Both the domestic and irrigation water services will require the installation of a RP backflow protection device.

Informational
PW.Wat.06
Applicant shall provide detail water demand and hydraulic calculations for use in sizing laterals, meters, backflows, and booster pumps as necessary, and for annual indoor and outdoor usage.

Informational
PW.Wat.07
All water mains and fittings shall be a minimum of 8-inch in diameter and shall be DIP. Water line easements shall be a minimum width of 20 feet if installed outside of right-of-way or public utility easement.

Informational
PW.Wat.08 Fire hydrants shall be installed within the right of way of the Parcel Map boundaries as per approved plans, at a 300-foot maximum spacing. Informational PW.Wat.09
The fire service with require a RPDA backflow protection device. Private fire hydrants shall be painted red, and approval of location and materials to be coordinated with the Fire Department.

Informational
PW.Wat.10
A backflow device must be installed on all common-area buildings and at each irrigation water connection. The backflow device must be in compliance with City of Banning standards and specifications.

Informational
PW.Wat.11
Any utility work associated with the development that disturbs roadways constructed in the previous 5 years shall include full cross section grind and overlay for trench repair tasks.

Informational
PW.Wat.12
Prior to recordation of the final parcel map, associated improvement plans for potable water facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

Prior to
Recordation of
Final Map
PW.Wat.13 Potable water easements, as necessary, shall be shown and dedicated to the City of Banning.

Prior to
Recordation of
Final Map
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 844
City of Banning - Public Works Department
Conditions of Approval
Potable Water
38 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Wat.14
Submit a hydraulic analysis report demonstrating adequate pressures throughout the project’s water system during max day demand (MDD) with fire flow conditions. The hydraulic analysis, based on the City’s latest calibrated water model, shall identify when and if additional facilities would be required to meet Project water demands. The study shall assume that 2 sources of water are necessary, and identify any offsite water improvements required to meet required project flows.

Prior to
Encroachment
Permit
PW.Wat.15
All required water lines and fire hydrants shall be installed and made operable before any building permits are issued. This may be done in phases if the construction work is in progress for emergency vehicles.

Prior to Building
Permit
PW.Wat.16
Applicant shall make pipeline repairs within the required improvement plans necessary as identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to Release
of Surety
PW.Wat.17
Applicant shall provide GIS shape files for all potable water lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Prior to Surety
Release
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 845
City of Banning - Public Works Department
Conditions of Approval
Sewer
39 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Sew.01
All public sewer improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.

Informational
PW.Sew.02
Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project.

Informational
PW.Sew.03
All sewer lines to be constructed within the public right-of-way shall be extra strength Vitrified Clay Pipe (VCP). All sewer mains shall be minimum of 8 inches in diameter. Any sewer main greater than 15-inches (15”) shall be extra strength VCP. Any sewer with more than 15’ cover (FG/FS to top of pipe) shall be extra strength VCP. Final sizes shall be approved by the City Engineer based on calculations submitted by the design engineer accounting for ultimate discharge flows for phase and all upstream areas. Sewer line easements shall be a minimum of 20 feet wide if installed outside of right-ofway or public utility easement.

Informational
PW.Sew.04 Any sewer force main shall be Ductile Iron Pipe with internal epoxy coating.

Sizing to be determined by hydraulic analysis of the proposed lift station. Informational PW.Sew.05 Each developed parcel shall have its own sewer lateral and shall be PVC SDR

26. Informational
PW.Sew.06
A sewer check valve shall be provided for each building with a finish pad elevation lower than the rim elevation of the immediate up-stream sewer manhole.

Informational
PW.Sew.07 Any pad with an elevation lower than the nearest upstream manhole rim elevation shall require a backwater valve. Informational PW.Sew.08
Sewer mains shall maintain a straight alignment from manhole to manhole whenever feasible. The required radius, when necessary, shall be achieved by use of deflection at the joint with VCP pipe, following manufacturer’s guidelines.

Informational
PW.Sew.09
The City of Banning will not permit any forced sewer system maintained by any entity other than the City of Banning within City of Banning rights of way. Private sewer pumps to public force main is not permitted.

Informational
PW.Sew.10
Any utility work associated with the development that disturbs roadways constructed in the previous 5 years shall include full cross section grind and overlay for trench repair tasks.

Informational
PW.Sew.11
Prior to recordation of the final parcel map, associated improvement plans for sewer facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

Prior to
Recordation of
Final Map
PW.Sew.12 Sewer easements within the required improvement plans and as necessary, shall be shown and dedicated to the City of Banning on the Final Map.

Prior to
Recordation of
Final Map
PW.Sew.13
Applicant shall provide plans and capacity studies for a sewer pump station to be located on Lot D as shown on the Tentative Parcel Map. The sewer lift station shall be designed to municipal standards and will be dedicated and operated by the City of Banning Wastewater Utility.

Prior to
Encroachment
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 846
City of Banning - Public Works Department
Conditions of Approval
Sewer
40 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Sew.14
Applicant will construct sewer force main from the proposed sewer lift station to a connection point on the existing City of Banning gravity sewer main.

Prior to
Encroachment
Permit
PW.Sew.15 Applicant shall fill out and submit an Industrial User Survey form and an Industrial Waste Permit application.

Prior to
Encroachment
Permit
PW.Sew.16 Submit Sewer Improvement Plans along with the infrastructure phasing plan to the City Engineer for review and approval.

Prior to
Encroachment
Permit
PW.Sew.17
The applicant shall inspect with CCTV all new public sewer mains and submit to the City for review and approval prior to surety release and acceptance of sewer improvements.

Prior to Release
of Surety
PW.Sew.18
Applicant shall make pipeline repairs within the required improvement plans as identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to Release
of Surety
PW.Sew.19
Applicant shall provide GIS shape files for all sewer lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Prior to Release
of Surety
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 847
City of Banning - Public Works Department
Conditions of Approval
Electric
41 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Electric.01
The Developer will be responsible for the cost of all electric distribution facilities and related infrastructure needed to serve the development’s project. The Developer may be required to execute one or more line extension agreements with the City of Banning Electric Utility (“Utility”) providing for the installation, construction, improvement, and dedication of the utility system following approval of Tentative Parcel Map.

Informational
PW.Electric.02
Areas/Locations will be required for onsite electric distribution equipment, pad mounted transformer(s), vault(s) & service equipment etc. The areas/locations must be sufficient for safe operation and maintenance of the electric utility equipment. The infrastructure installed shall be adequate to support power delivery to each facility within the project. The Developer shall provide and install all conduits, vaults, and other materials associated with electric utility installations. The Utility will provide pad-mounted equipment, cables, and their terminations at the Developer’s cost.

Informational
PW.Electric.03
All electric utility equipment including but not limited to poles, substructures, transformers, pad mounted switch(es), meter(s) and/or metering equipment shall have adequate working clearances per Utility requirements. Some trees and bushes shown on the landscape plan might be eliminated.

Informational
PW.Electric.04
The Utility own and operates several electric facilities consisting of 69/34.5kV delivery, 12.47kV distribution, and fiber optic communication facilities that surround this project. It will be the Developer’s responsibility to facilitate a design and construction for interconnection, relocation, and undergrounding of these utility assets within the Final Map improvement limits and coordination with the Electric Utility will be required for any said interconnection and relocation to accommodate new building/facility placement or new right-of-way alignment/setback.

Informational
PW.Electric.05
Streetlight and streetlight infrastructure required by Public Works and/or the City shall be installed by the developer, including any necessary metering equipment, and are assumed to be publicly owned and to be maintained by the Utility.

Informational
PW.Electric.06
The Developer will be required to adhere to all requirements and guidelines within the City of Banning Electric Utility General Commercial Service Requirements.

Informational
PW.Electric.07 Prior to the issuance of a grading permit, electric utility infrastructure backbone plans for this project must be completed.

Prior to Grading
Permit
PW.Electric.08
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 requirements. This will allow the utility to assist with the review of distribution plans completed by the Developer and provide a cost estimate(s) to service the project. Design conditions and requirements to serve the project with electricity shall be discussed and reviewed following approval of the Parcel Map.

Prior to
Encroachment
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 848
City of Banning - Public Works Department
Conditions of Approval
Electric
42 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Electric.09
The Utility will require adequate easements needed to serve the project. An easement is described as an area behind sidewalk and outside of the boundaries of the right-of-way (R/W). Easements will be required for vaults, conduits, streetlights and pad mounted transformers and switches and any other electric distribution equipment outside of the R/W. 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.

Prior to
Encroachment
Permit
PW.Electric.10
Prior to the issuance of a building permit, electric utility infrastructure (conduits, vaults, etc.) must be completed as well as any temporary or permanent electric infrastructure to supply power to each parcel as constructed. The developer will be required to submit load calculations and execute one or more Electric Service Agreements for each building or parcel.

Prior to Building
Permit
PW.Electric.11 All plans for electric vehicle charging station infrastructure and distributed energy resources must be discussed with the Utility for review and approval.

Prior to Building
Permit
PW.Electric.12
Applicant shall provide GIS shape files for all potable water lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Prior to Surety
Release
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 849
City of Banning - Public Works Department
Conditions of Approval
Solid Waste/Refuse
43 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Refuse.01
Effective January 1, 2022, all businesses shall subscribe to City’s threecontainer (trash, recycling, organics), Collection Services per Banning Municipal Code, Title 8.28, “Garbage Collection and Disposal” unless a City approved exemption is granted. Information on the program is available on the City of Banning website and made available at the following link:
https://library.municode.com/ca/banning/codes/code_of_ordinances.

Informational
PW.Refuse.02 Applicant shall comply with the City of Banning Trash and Recycling Enclosure Design Guide Informational
PW.Refuse.03
Applicants are required to use the City’s exclusive franchise hauler (Waste Management) unless otherwise approved in writing by the Public Works Department.

Informational
PW.Refuse.04
Construction debris shall be disposed of at a certified recycling site. It is the responsibility of the developer to contact the City’s franchised solid waste hauler, Waste Management of the Inland Valley, at 1-800-423-9986 for disposal of construction debris.

Informational
PW.Refuse.05
Applicants are encouraged to review the referenced sections in the 2019 California Green Building Standard Code:

HTTPs://calgreenenergyservices.com/wp/wpcontent/uploads/2019_california_green_code.pdf Informational
PW.Refuse.06
Applicants shall submit a Construction and Demolition Waste Diversion Plan to the City’s Solid Waste Program Coordinator (SWPC) prior to commencement of construction or demolition. Contact the SWPC at [email protected] or 951.922.3193 for further details and to obtain a plan template.

Prior to
Demolition
AND/OR Prior to
Building Permit
PW.Refuse.07
The developer shall participate in the City’s recycling and diversion programs by providing a solid waste enclosure to accommodate necessary solid waste containers.

Prior to Building
Permit
PW.Refuse.08
All new development projects including, but not limited to, industrial and business buildings and facilities, as well as multi-family complexes shall provide a solid waste enclosure to accommodate trash, recycle and organics waste bins and/or containers. Solid waste enclosures for multiple tenant properties, such as a shopping center, must design the enclosure to accommodate all waste containers of the property.

Prior to Building
Permit
PW.Refuse.09 Solid waste enclosures shall be located on the site to be serviced. Prior to Building Permit
PW.Refuse.10 The enclosure shall be designed for the exclusive use of housing solid waste containers including trash, recyclable and organics materials.

Prior to Building
Permit
PW.Refuse.11
Enclosures shall be lockable and/or contain locking bins. Locking mechanisms on enclosures and/or bins shall be approved by the City of Banning Solid Waste Franchise Hauler.

Prior to Building
Permit
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 850
City of Banning - Public Works Department
Conditions of Approval
Solid Waste/Refuse
44 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Refuse.12
As required in MMRP GHG-3, please include the following note on Building Plans:

The development shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of tenant occupancy permits, a recyclables collection and load area shall be constructed in compliance with County standards for Recyclable Collection and Loading Areas, and the facility’s operator shall be required to provide the City with a copy of the Project’s recycling program. This mitigation measure applies only to tenant permits and not the building shell approvals.

Prior to
Certificate of
Occupancy
PW.Refuse.13
As required in MMRP RCM AIR-4, please include the following note on Building Plans:

Materials and Spoils Control. Development Project materials will not be cast from the Development Site, and Development Project related debris, spoils, and trash will be contained daily and removed to a proper disposal facility.

Prior to Building
Permit
PW.Refuse.14
As required in MMRP MM GHG-1, please include the following note on Building Plans:

Provide separate recycling bins within each commercial/industrial building and provide large external recycling collection bins at central locations in the commercial and industrial land uses for collection truck pickup. Provide a commercial recycling/composting program that provides 70 percent diversion of waste for the commercial land uses. Provide an industrial recycling program that provides 80 percent diversion of waste for the industrial land uses.

Prior to Building
Permit
PW.Refuse.15
Pursuant to CAL Green Building Standards Code section code 5.408.

Construction and demolition wastes must be recycled and or salvaged for a reuse minimum of 65% of nonhazardous construction demolition waste materials. All projects require construction waste reduction, disposal and recycling services that comply with the 2019 California Green Building Standards Code (CALGreen) as described in the Non-Residential (5.408).

Prior to
Certificate of
Occupancy
PW.Refuse.16
187. Applicants shall submit a Construction and Demolition Waste Diversion Reporting Form to the City’s Solid Waste Program Coordinator upon completion of the project to obtain diversion approval prior to final sign-off.

Contact the SWPC at [email protected] or 951.922.3193 for further details and to obtain a report form template.

Prior to
Certificate of
Occupancy
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 851
City of Banning - Public Works Department
Conditions of Approval
Fees
45 of 45
COA # Condition of Approval Completion
Milestone Status
PW.Fees.01
All fees must be paid in full at the thresholds identified below. Plan check fees for professional report review and all improvement plan reviews shall be paid at the time of submittal of said documents in accordance with the fee schedule in effect at the time of the submittal.

Informational
PW.Fees.02 Applications submitted without full payment of fees are deemed incomplete.

Plan review will not commence until all fees are paid. Informational PW.Fees.03 Evidence of paid fees to agencies outside the City of Banning is required prior to the issuance of any applicable permit. Informational PW.Fees.04
Public Works Grading Permit fees (including fees for NPDES inspections) shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.

Prior to Grading
Permit
PW.Fees.05
Public Works Encroachment Permit and Inspection fees shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.

Prior to
Encroachment
Permit
PW.Fees.06
Water Meter fees and installation fees shall be paid in full prior to installation of any water meter in accordance with the fee schedule in effect at that time.

Prior to
Installation
PW.Fees.07
Water connection fees shall be paid in accordance with the fee schedule in effect at that time, unless otherwise specified in the Development Agreement.

Prior to Building
Final/C of O
PW.Fees.08
Sewer connection fees shall be paid in accordance with the fee schedule in effect at that time, unless otherwise specified in the Development Agreement.

Prior to Building
Final/C of O
PW.Fees.09
Traffic Impact fees shall be paid in accordance with the Development Impact Fee schedule in effect at that time, unless otherwise specified in the Development Agreement.

Prior to Building
Final/C of O
Banning COC Draft PW PC COA - DR21-7017 Banning Commerce 852
Resolution 2025-107