Banning City Council
October 14, 2025

EXHIBIT "A"
EXHIBIT "A" - 19
640
Banning Armory Community Resilience Center Tasking Effort Conceptual Schedule City of Banning Duration RY+AO Architects Holmes AlfaTech Client Architect Structural Engineer MEP Engineers
Month One
Award- Contract Issuance
Project Mobilization: Contract Award -

1.) RY+AO Consultant Contract 2.) City schedule all Dept. Interviews with RY+AO Mobilization 1-2 wks.

Kick-off Mtg. Introductions, Strategic Overview Goals
& Objectives: Community Engagement
Plan, FCA, Emergency Preparenss, Need assessment, City Business Unit, Dept Organizations, Stakeholders.

During Mobilization Period (Anticipate during Weeks 1- 2 schedule City Dept. Interviews) Outreach/ Community Engagement Plan
City to provide contact list of key community stakeholders, support project webpage setup, review engagement materials.

Week 1-8 Partner with Playce Studio, lead development of Community Engagement Plan, design engagement strategy, coordinate materials for City’s project webpage, facilitate workshops/forums/meetings, document meeting and provide reports. Prepare Community Engagement Report Facilities Condition Assessment / Facilities
Surveys/ Emergency Preparedness Assessment
Initial Dept. Mtgs.: Meet with Needs
Assessment Mgmt.. Introduce detailed City Dept. Assessment Survey Strategy. Mtg. 1 General overall + Individual Dept. mtg. as req'd.

Week 3-4 a.) A&E team will survey exisitng building and funish as-built drawings if the City unable to obtain as-built drawings from the Nationl Guard. b.) RY+AO A&E team schedule tour of existing EOC, perform a general survey of the existing spaces and inventory of essential furniture and equipment for the EOC facilityc.) Initial meeting with City of Banning Mgr./Operations Mgmt. Team to establish objectives and goal of the needs assessment. d.) Based on Initial meeting, schedule Dept. Interviews to validate current and future requirements. e.) discuss optional Business Resiliency , future operational forecasts, technological , shared work place, shared commom spaces with community center considerations.

Structural Stds. Business Resiliency Assessment. Determine what standards of assessment if any the City may consider to assure operational sustainability during a significant Seismic or catastrophic event: FEMA, ASCE, NonStructural. Identify any Structural Business Resiliency Requirements MEP, Assess Overall age of existing facilities. Establish MEP Operational Resiliency requirements. Review internal facility asset management Rpts. Assess if existing MEP NonStructural Assets Assessment is required 1 of 4
EXHIBIT "A"
641
EXHIBIT "A" - 20
Banning Armory Community Resilience Center Tasking Effort Conceptual Schedule City of Banning Duration RY+AO Architects Holmes AlfaTech Client Architect Structural Engineer MEP Engineers
Month Two
Faculties Assessment / Organization
ProgrammingBenchmark Existing Conditions / Develop Future Growth & Space Recommendations

1. Conduct interviews and surveys with theCity of Banning Parks & Recreation Department, Riverside County EmergencyManagement Department, and the ProjectAdvisory Council to identify projectedheadcounts and space requirements for theEOC, climate-resilient shelter, emergencyshelter, year-round programming, andcampus amenities.2. For the EOC, benchmark organizationalneeds in collaboration with departmentmanagers to develop a Facilities SpaceOccupancy Survey informed by assetinventories, structural assessments, andRisk Category IV standards. Holddepartmental meetings as needed, with bimonthly program management meetingsincluded. City to provide Facility ConditionAssessment data and asset information forexisting building systems and equipment. week 5-8 Our team will evaluate the existing conditions including the following:

1. Site – Assess the location, accessibility, zoning, adjacent properties,infrastructure, and environmental conditions.2. Existing Conditions:
a) Site and Structure – Review existing buildings, their history, past modifications, and critical infrastructure.
b) Structural Assessment – Inspect structural integrity, identify visible deficiencies, and evaluate material longevity.
c) MEP and HVAC Systems Evaluation – Assess system capacity, efficiency, reliability, and upgrade requirements.
d) ADA Compliance Review – Evaluate accessibility per ADA Titles I, II, and III, and recommend necessary modifications.
e) Space Utilization Analysis – Inventory functional spaces, dimensions, usage rates, and alignment with operational needs.
f) Functional Analysis – Assess the facility’s suitability for EOC operations, workflow efficiency, and spatial adequacy.
g) Site Advantages and Disadvantages – Identify strengths, weaknesses, security concerns, infrastructure proximity, and resilience factors. h) Environmental and Risk Assessment – Identify environmental hazards, site vulnerabilities, and potential risks.

Structural Physical survey preexisting City of Banning EOC Facility. If Optional FEMA P-58 Stds. are integrated, present findings & deficiencies.

Physical survey all preexisting City of Banning Faculties utilize MEP. Identify Non-Structural and Operational Resiliency Gap Analysis. 2 of 4
EXHIBIT "A"
642
EXHIBIT "A" - 21
Banning Armory Community Resilience Center Tasking Effort Conceptual Schedule City of Banning Duration RY+AO Architects Holmes AlfaTech Client Architect Structural Engineer MEP Engineers
Month Two
Programming Bi-Monthly Proj. Mgmt. Mtg. / Dept. mtgs.
/ Advisory Committee mtgs. as req'd.

Facilitate programmatic collaboration with user groups to document current and future uses, and assess projected space needs over three- and five-year periods.

Evaluate how each functional component (EOC, shelters, year round programming, amenities) can optimize operations, including benchmarking of existing activities. Analyze physical proximity needs and identify opportunities for beneficial colocation with related functions. Develop benchmark spatial assessments, growth models, and optimized adjacencies to guide planning.

Develop Structural
recommendations. Present all City of
Banning Structural assessments
Develop MEP Assessment recommendations. Present all City of Banning MEP assessments.

1. Meet with key user groups (EOC staff, shelter managers, program coordinators,Park & Rec operations) to identify issues, priorities, objectives, and operationalrequirements.2. Develop planning scenarios to optimize space allocation, shared-useopportunities, and adjacencies among functional components.3. Establish programming logic in coordination with the City Manager and EOCleadership to guide facility planning.4. Engage City support services (IT, environmental, security, safety) to defineinfrastructure and operational requirements tied to the Needs Assessment.5. Conduct two cross-functional workshops with all user groups and supportservices to identify shared goals, unmet needs, and operational overlaps.6. Assess space requirements for each functional component by comparing existingfacilities and assets against 3–5 year projections, with discussion of a 10-yeargrowth model.

Month Three
Analyze Programmatic Data / Convert to Floor
Plans / Bldg. Plans / Master Plan
Bi-Monthly Proj. Mgmt. Mtg. / Dept. mtgs. / Advisory Committee mtgs. as req'd. CRC & EOC Program and Concpetual Design Review Mtgs. with City Prog. Mgr. and individual Dept. upon completion.

Develop conceptual Design. Translate Program to Space Plans. Develop preliminary Space Plans. Collaborate with A&E Team to assess consultant finding. Review findings with City Program Mgr. and ea. City Dept. head.

Integrate structural findings with RY+AO
Integrate MEP findings with RY+AO
Feasibility Studies Define spatial requirements for each functional component of the facility, including the EOC, climate-resilient shelter, emergency shelter, year-round programming, and campus amenities. Prepare block plans showing adjacencies, growth capacity, and shared-use opportunities among user groups. Translate programming findings into conceptual layouts, and develop three plan options integrating existing and proposed spaces to support all resilience functions.

Structural recommendations integrated with RY+AO
MEP recommendations integrated with RY+AO
3 of 4
EXHIBIT "A"
EXHIBIT "A" - 22
643
Banning Armory Community Resilience Center Tasking Effort Conceptual Schedule City of Banning Duration RY+AO Architects Holmes AlfaTech Client Architect Structural Engineer MEP Engineers
Month Fourth
Findings A summary of the Deliverables is outlined below: Deliverables: Deliverables:

City Deliverables Prog Mgr. Mtgs. / Advisory Committee
mtgs. as required. Individual Dept. mtgs. to
review Final Dept. - Review w/City Prog. Mgr. approval sign off. / City Council Presentation Existing Conditions Report
1).Overview and visual assessment of the site and structure. 2). Evaluation of MEP, HVAC, and ADA compliance. 3). Space utilization analysis and functional assessment. 4). Site advantages, disadvantages, and environmental constraints. 5). Recommendations on city needs, technology impacts, and EOC functionality. 6). Site visits and stakeholder interviews for data gathering.

Needs Assessment Report
1). Detailed site description and existing conditions summary. 2). Structural, MEP, HVAC, and ADA compliance assessments. 3). Functional analysis and space utilization breakdown. 4). Environmental and physical constraints. 5). Summary of Needs Assessment findings. 6). At least three options: retrofitting, expansion, or new construction. 7). Conceptual site plans, space allocation, and cost estimates. 8). Strengths, weaknesses, and comparative analysis of alternatives. 9). Final recommendation.

Emergency Preparedness Assessment Report
1). Coordination with County Emergency Mgmt & Advisory Committee 2). Evaluation of facility readiness for EOC and shelter use 3). Identify deficiencies that may be mitigated through this project Structural recommendations integrated with RY+AO
MEP recommendations integrated with RY+AO
Final Draft Workshop / City C
ouncil
Presentation if required
A presentation of the findings and recommendations to the Banning City Mgr./Ops Mgr. / City Council meeting if required.

Month Fifth
Project Scope, Design and Esimates
Bi-Monthly Proj. Mgmt. Mtg. / Dept. mtgs. / Advisory Committee mtgs.

RY+AO leads the AE team to start design phase based on the Need Assessment Report, The design phase is anticipated to take approximately 6–7 months. 4 of 4
EXHIBIT "A"
EXHIBIT "A" - 23
644
Exhibit “A”-24
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 645
Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
646
Exhibit “B”-2

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 647
Exhibit “B”-3

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
648
Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as Exhibit C-1:

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 649
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
650
Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
651
Exhibit “D-1”- 1
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
See Exhibit "A"
652

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vincent Avila, Chief of Police
MEETING DATE: October 14, 2025
SUBJECT: Consideration of Resolution 2025-145, Approving the Grant Agreement Between the City of Banning and the State of California - Office of Traffic Safety (OTS) for the FY 2025-2026 Selective Traffic Enforcement Program (STEP) Grant and Acceptance of the OTS STEP Grant Award in the Amount of $90,000.

RECOMMENDATION:

Adopt Resolution 2025-145.

BACKGROUND:

For the third year in a row, the City of Banning Police Department has applied for and been awarded funding under the State of California - Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) Grant. This year's award is $90,000.00. The OTS STEP Grant is a competitive grant process that requires each agency to show a need for funding and provide information related to traffic safety data in the community. This grant will allow the Banning Police Department to partner with OTS and jointly bring a positive impact to the City of Banning with regards to injury and fatal traffic collisions.

The grant period for this year's OTS STEP Grant will be from October 1, 2025, to September 30, 2026.

JUSTIFICATION:

The acceptance of OTS STEP Grant funds in the amount of $90,000.00, allows the Banning Police Department to conduct special enforcement activities within the City of Banning to foster safer roadways for citizens and visitors. The grant funds will also allow Banning Police Department staff members to conduct special community outreach and educational events related to traffic safety. Funds from this grant will also be utilized to send Banning Police Department members to specialized training in areas related to traffic safety and traffic enforcement.

FISCAL IMPACT:

There is no matching component associated with the acceptance of these grant funds.

ALTERNATIVES:

Do not adopt Resolution 2025-145 and provide staff alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:
653
Yes
ATTACHMENTS:

1. Resolution_2025-145__Acceptance_of_OTS_STEP_Grant.docx

2. Grant_Agreement_-_PT26103_encrypted_.docx
654
Resolution 2025-145

RESOLUTION 2025-145

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

APPROVING THE GRANT AGREEMENT BETWEEN THE CITY OF BANNING AND THE STATE OF CALIFORNIA – OFFICE OF TRAFFIC SAFETY (OTS) FOR THE FY 2025-2026

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT, AND ACCEPTANCE OF THE OTS STEP GRANT AWARD IN THE AMOUNT OF $90,000
WHEREAS, the City of Banning Police Department has entered into an agreement (hereafter referred to as “Agreement”) with the State of California – Office of Traffic Safety (OTS); and
WHEREAS, pursuant to the Agreement, the Banning Police Department is being awarded a Selective Traffic Enforcement Program (STEP) Grant award in the amount of $90,000.00; and WHEREAS, Grant funds may be used for the purchase of approved traffic safety equipment and enforcement of pre-selected and agreed upon objectives related to traffic safety; and
WHEREAS, the City of Banning Police Department will conduct, track, and report all grant related activities to OTS during the Agreement period from October 1, 2025, to September 30, 2026; and
WHEREAS, any liability arising out of the performance of this Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the OTS disclaim responsibility for any such liability.

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

SECTION 1. The City Council approves the FY 2025-2026 STEP Grant Agreement with the State of California - Office of Traffic Safety (OTS), attached hereto as Exhibit “A,” and approves the acceptance of the FY 2025-2026 STEP Grant through the State of California – OTS and any subsequent amendments to extend the Grant Agreement for up to zero additional years upon satisfactory performance, with a total not-to-exceed grant funding amount of $90,000.00 over one (1) year.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to and execute the FY 2025-2026 STEP Grant Agreement with the State of California - OTS on behalf of the City Council.

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

SECTION 4. The City Council agrees that grant funds received hereunder shall not be used to supplant expenditures controlled by the City Council.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 655
Resolution 2025-145

PASSED, APPROVED AND ADOPTED this 14th day of October 2025.

ATTEST:

Sheri Flynn, Mayor
City of Banning
Sandra Calderon, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
656
Resolution 2025-145

CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-145, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of October 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning, California
657
Resolution 2025-145

EXHIBIT A
Grant Agreement
658
9/26/2025 8:01:13 AM Page 1 of 22
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} {{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26103

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Banning From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Banning Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $90,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Brandon Smith
Lieutenant
[email protected]
951-830-9191
125 East Ramsey Street
Banning, CA 92220
ADDRESS: Art Vela
Interim City Manager
[email protected]
(951) 922-4860
125 East Ramsey Street
Banning, CA 92220
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Cornelio Datuin Jr.

Deputy Finance Director
[email protected]
(951) 922-2663
125 East Ramsey Street
Banning, CA 92220
ADDRESS: Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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{{_es_signer5_signature}} {{_es_signer5_date}}
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

T9ZPMCBNFZC8
125 EAST RAMSEY ST.

BANNING
92220-4839
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $7,000.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $18,000.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $65,000.00

AGREEMENT
TOTAL $90,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$90,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $90,000.00
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9/26/2025 8:01:13 AM Page 3 of 22
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26103

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The City of Banning, located in Riverside County, California. Banning is a diverse city, with a population that is approximately 47% Latino, 30% White, and 15% African American. The median household income in Banning is $48,459, which is significantly lower than the California median of $80,440, highlighting the city’s challenges with poverty and access to resources.

Banning is facing a complex set of traffic safety challenges, driven by several factors that impact both pedestrian and vehicular safety. One of the key contributors to these issues is the increasing transient population, which is directly influenced by the nearby Riverside County Jail (Smith Correctional Facility) and Riverside County Superior Courthouse (Banning Justice Center). These individuals often walk in the roadways, creating hazardous conditions for both pedestrians and drivers. Compounding this, Banning has also experienced a troubling rise in alcohol- and drug-related traffic offenses, including DUI crashes and arrests, further exacerbating traffic safety concerns. The Banning Police Department (BPD), with the support of the Office of Traffic Safety (OTS) through the Selective Traffic Enforcement Program (STEP), seeks to address these issues by enhancing enforcement, increasing public education, and improving infrastructure.

Banning has experienced a steady increase in traffic crashes, with more than 400 crashes reported annually from 2022 to 2023. A significant portion of these incidents are related to alcohol- and drug-impaired driving.

In 2023 alone, Banning recorded over 75 DUI arrests and dozens of DUI-related crashes, with several of these resulting in serious injuries and fatalities. These DUI offenses have been a major concern, particularly during evening and weekend hours when alcohol consumption is more prevalent.

Another significant factor affecting traffic safety in Banning is the presence of the county jail facility and county courthouse, which has led to a growing transient population within the city. Many of these transients walk in the roadway, often outside of designated crosswalks or pedestrian areas, creating dangerous conditions for both pedestrians and drivers. Tragically, there have been multiple pedestrian fatalities in recent years involving transients who were struck while walking in the street. In 2022, a transient was killed while walking along the roadway near the jail facility, and similar incidents have occurred along major traffic corridors.

Additionally, Banning’s traffic congestion and delays are aggravated by frequent train crossings, further disrupting traffic flow and contributing to unsafe driving behaviors. This combination of factors—including impaired driving, pedestrian safety issues, and traffic delays—has made traffic safety a growing concern in the city.

Key issues identified in Banning include:

A high rate of alcohol and drug-related traffic offenses, with over 75 DUI arrests in 2023.

Increased DUI crashes, several of which have resulted in fatalities or serious injuries.

An increase in pedestrian fatalities involving transients, particularly in high-traffic areas near the county jail facility.

Hazardous pedestrian behavior, particularly involving transients walking in the roadways without regard for traffic laws.

Traffic congestion and unsafe driving behaviors caused by frequent railroad crossings.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The Banning Police Department is committed to enhancing public safety and addressing the city’s traffic safety issues. However, limited resources have hindered the department's ability to fully address these challenges. BPD will implement targeted enforcement strategies, educational campaigns, and infrastructure improvements to reduce traffic-related fatalities and improve overall safety on Banning’s streets.

Targeted DUI Enforcement: Increase DUI checkpoints and roving patrols during peak times (weekends and holidays) to identify impaired drivers and deter alcohol- and drug-related offenses. Deploy officers 661
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specifically trained to detect and arrest impaired drivers, focusing on areas with high DUI crash rates. Use STEP funds to purchase equipment, such as breathalyzers and mobile DUI testing tools, to improve the efficiency of DUI enforcement.

Increased Pedestrian Safety Enforcement: Enhance patrols in areas with high transient pedestrian traffic, especially near the county jail facility and busy intersections, to deter jaywalking and enforce pedestrian traffic laws. Increase enforcement during high-risk times, particularly in the late evening and early morning hours when both impaired driving and pedestrian activity are most common. Provide targeted outreach and education to the transient population, emphasizing the dangers of walking in roadways and the importance of using designated crosswalks.

Public Education Campaigns: Launch campaigns aimed at educating the public on the dangers of driving under the influence of alcohol or drugs, particularly during holidays and weekends when DUI-related incidents are more prevalent. Promote pedestrian safety awareness, especially in areas near high-risk locations such as the county jail and railroad crossings. Distribute materials on safe driving practices, pedestrian safety, and the risks of DUI through social media, public events, and partnerships with local organizations.

Collaboration with Local Agencies: Partner with the Riverside County Sheriff’s Department, local shelters, and social service agencies to address the broader issue of homelessness and transient safety on city streets. Coordinate with Caltrans, Union Pacific, and other transportation authorities to explore ways to mitigate traffic delays caused by frequent train crossings, improving safety for both drivers and pedestrians.

The City of Banning is experiencing a rise in traffic safety issues that require immediate attention, including a high rate of alcohol- and drug-related crashes, pedestrian fatalities involving transients, and dangerous driving behaviors exacerbated by traffic congestion. BPD will implement focused enforcement, educational initiatives, and infrastructure improvements that will reduce traffic-related fatalities and injuries. These efforts will not only enhance public safety but will also foster a safer and more livable environment for Banning’s residents, commuters, and transient populations.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The target population for the Selective Traffic Enforcement Program (STEP) in the City of Banning, California, includes a diverse group of individuals who are directly impacted by the city's traffic safety issues.

This population is primarily comprised of the following groups:

Commuters and Drivers: This group includes residents of Banning and surrounding areas, as well as individuals passing through the city. Commuters who travel along major thoroughfares such as I-10 and those navigating congested intersections are at risk due to the prevalence of DUI-related offenses, speeding, and distracted driving. They are also impacted by unsafe driving conditions created by frequent train crossings, which cause delays and may lead to aggressive driving behaviors.

Impact: These individuals are at risk of being involved in traffic crashes, particularly DUI-related crashes, pedestrian crashes, and crashes caused by driver frustration due to traffic congestion.

Transients (Homeless Population): The transient population in Banning, many of whom are located near the county jail facility, are a significant part of the city’s pedestrian safety issue. These individuals often walk in roadways, outside of designated crosswalks, creating dangerous situations for both themselves and drivers.

Due to a lack of stable housing and resources, many transients are forced to walk along busy roads, increasing their vulnerability to traffic-related injuries and fatalities.

Impact: Transients are at high risk of pedestrian fatalities and injuries, particularly as they walk in traffic lanes, often under the influence of drugs or alcohol. Tragically, several transients have already lost their lives in pedestrian crashes due to their presence on roadways where they are not visible or easily avoidable.

Pedestrians, Including Vulnerable Populations: This group includes all individuals who walk in Banning, especially in high-traffic areas such as near schools, the county jail, and public transportation hubs.

Vulnerable pedestrians such as the elderly, children, and those with limited mobility face particular risk in areas where there is insufficient infrastructure (such as crosswalks and pedestrian signals) and where transient populations walk in traffic lanes.
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Impact: Pedestrians in Banning, especially in poorly lit areas and intersections without adequate crossing options, are at significant risk of crashes and fatalities. This group includes residents who are walking to work, school, or public services, and individuals who are walking due to the lack of transportation options.

Individuals Driving Under the Influence (DUI): This group includes drivers involved in alcohol- and drugrelated traffic offenses. According to city statistics, there is a high rate of DUI-related crashes in Banning, with over 75 DUI arrests made in 2023 alone. These individuals contribute to a significant portion of traffic crashes, including fatal and injury-related incidents, especially during nighttime and weekend hours.

Impact: DUI drivers not only pose a direct threat to themselves but also to other road users, including pedestrians, cyclists, and other motorists. DUI-related crashes result in serious injuries and fatalities, affecting families and communities. The presence of impaired drivers exacerbates overall traffic safety problems in Banning.

Local Law Enforcement and Emergency Responders: While not directly impacted by traffic safety issues, local law enforcement and emergency responders in Banning play a critical role in responding to trafficrelated crashes and enforcing traffic laws. Increased traffic violations, including DUI offenses and pedestrian crashes involving transients, put a strain on resources and response times.

Impact: Law enforcement officers and emergency responders are often the first to arrive at traffic crashes and must handle the consequences of the rising number of crashes. The increased demand for their services limits their ability to proactively address other safety issues within the community.

How These Populations Are Affected by the Problem
The diverse groups impacted by traffic safety issues in Banning are affected in various ways:

Commuters and Drivers are at risk of being involved in dangerous traffic crashes, including those caused by impaired drivers, speeding, and other unsafe driving behaviors. Increased traffic congestion due to railroad crossings further contributes to frustration and unsafe driving decisions, such as aggressive driving and running red lights.

Transients face an elevated risk of pedestrian crashes, especially in areas without proper pedestrian infrastructure. Many transients walk along busy roads and highways, often without visibility or consideration of traffic laws, increasing their vulnerability to being struck by vehicles. The growing transient population in Banning, many of whom have no other option but to walk in the streets, is directly contributing to this public safety hazard.

Pedestrians in general, including vulnerable populations like children and the elderly, face safety risks due to insufficient crosswalks, poorly lit streets, and a lack of enforcement of pedestrian laws. Those who share the road with distracted or impaired drivers face an increased chance of injury or death in the event of a crash.

DUI Offenders contribute to a high rate of traffic crashes, many of which are serious or fatal. Drivers under the influence of alcohol or drugs are a major threat to public safety, endangering not only themselves but also innocent bystanders, pedestrians, and other drivers. The high frequency of DUI-related arrests and crashes in Banning highlights the need for more targeted enforcement and public education about the dangers of impaired driving.

Local Law Enforcement and Emergency Responders face increased pressure, and resource demands due to the high number of traffic crashes and the need for constant enforcement of traffic laws. Addressing the rising rates of DUI offenses, pedestrian fatalities, and transient-related traffic hazards requires an increased capacity for targeted enforcement and timely response to incidents.

The target population for the STEP grant includes commuters, pedestrians, transient individuals, DUI offenders, and local law enforcement. All of these groups are significantly affected by the city's traffic safety issues, including high rates of DUI-related offenses, pedestrian fatalities, and the dangers posed by transients walking in the roadway. The STEP grant will help the Banning Police Department implement focused enforcement, educational programs, and infrastructure improvements to reduce the risk of trafficrelated incidents and improve public safety for these at-risk populations.

2. PERFORMANCE MEASURES
A. Goals:
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1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 3 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 3 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
4 9. Conduct DUI Saturation Patrol operation(s). 6

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
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11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 1

15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 16. Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias. 2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
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 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
 News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
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 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26103

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405e DDL-26 20.616 Distracted Driving Laws $7,000.00
402PT-26 20.600 State and Community Highway
Safety
$18,000.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$65,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $11,000.00 4 $44,000.00
DUI Saturation Patrols 164AL-26 $1,850.00 6 $11,100.00
Collaborative DUI Enforcement 164AL-26 $1,300.00 1 $1,300.00 Benefits- 164OT @ 8.00% 164AL-26 $56,300.00 1 $4,504.00 Traffic Enforcement 402PT-26 $1,650.00 6 $9,900.00
Pedestrian and Bicycle Enforcement 402PT-26 $1,650.00 2 $3,300.00 Traffic Safety Educational Presentations 402PT-26 $800.00 2 $1,600.00 Benefits- 402OT @ 8.00% 402PT-26 $14,800.00 1 $1,184.00 Distracted Driving Enforcement 405e DDL26$1,620.00 4 $6,480.00 Benefits- 405eOT @ 8.00% 405e DDL26$6,500.00 1 $520.00 Category Sub-Total $83,888.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $2,016.00 1 $2,016.00
$0.00
Category Sub-Total $2,016.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $2,696.00 1 $2,696.00
Phlebotomist 164AL-26 $350.00 4 $1,400.00
Category Sub-Total $4,096.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $90,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26103

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits- 164OT @ 8.00% - Benefit breakdown:

FICA 6.5%
Medicare 1.5%
Total Benefit 8.0%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Benefits- 402OT @ 8.00% - Benefit breakdown:

FICA 6.5%
Medicare 1.5%
Total Benefit 8.0%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits- 405eOT @ 8.00% - Benefit breakdown:

FICA 6.5%
Medicare 1.5%
Total Benefit 8.0%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and 669
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canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 670
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT26103
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 672
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 673
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS,GRANTS,LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 674
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 675
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 676
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 678
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State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT26103

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

GRANT DETAILS
Grant Number: PT26103
Agency Name: Banning Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $90,000.00
Authorizing Official: Art Vela
Fiscal Official: Cornelio Datuin Jr.

Grant Director: Brandon Smith

CURRENT GEMS USER(S)

1. Eric Campa
Title: Corporal Media Contact: Yes
Phone: (951) 849-1432
Email: [email protected]

2. Cornelio Datuin Jr.

Title: Deputy Finance Director Media Contact: No
Phone: (951) 922-2663
Email: [email protected]

3. Austin Flint
Title: Accountant II Media Contact: No
Phone: (951) 922-3115
Email: [email protected]

4. Brandon Smith
Title: Lieutenant Media Contact: No
Phone: 951-830-9191
Email: [email protected]

5. Yvette Vaca
Title: Sergeant Media Contact: No
Phone: (951) 849-1195
Email: [email protected]
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{{[]c1_es_:signer1}} {{[]c2_es_:signer1}}
{{[]c11_es_:signer1}} {{[] c12_es_:signer1}}
{{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }}
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} {{[]c3_es_:signer1}} {{[]c4_es_:signer1}}
{{[]c13_es_:signer1}} {{[]c14_es_:signer1}}
{{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }}
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} {{[]c5_es_:signer1}} {{[]c6_es_:signer1}}
{{[]c15_es_:signer1}} {{[]c16_es_:signer1}}
{{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }}
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} {{[]c8_es_:signer1}} {{[]c7_es_:signer1}}
{{[]c17_es_:signer1}} {{[]c18_es_:signer1}}
{{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} {{[]c9_es_:signer1}} {{[]c10_es_:signer1}}
{{[]c19_es_:signer1}} {{[]c20_es_:signer1}}
{{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }}
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} {{Sig_es_:signer1:signature}} {{Dte1_es_:signer1:date}} {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} {{Dte2_es_:signer2:date}}
Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change Remove Access
Add as a media contact? Yes No
Name Job Title
Email address Phone number
GEMS User 2
Add/Change Remove Access
Add as a media contact? Yes No
Name Job Title
Email address Phone number
GEMS User 3
Add/Change Remove Access
Add as a media contact? Yes No
Name Job Title
Email address Phone number
GEMS User 4
Add/Change Remove Access
Add as a media contact? Yes No
Name Job Title
Email address Phone number
GEMS User 5
Add/Change Remove Access
Add as a media contact? Yes No
Name Job Title
Email address Phone number
Form completed by: Date:

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.

Signature Name
Grant Director
Date Title
680

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vincent Avila, Chief of Police
MEETING DATE: October 14, 2025
SUBJECT: Consideration of Resolution 2025-146, Approving the Grant Agreement Between the City of Banning and the State of California - Office of Traffic Safety (OTS) for the FY 2025-2026 Traffic Records Improvement Project (TRIP) Grant and Acceptance of the OTS TRIP Grant Award in the Amount of $78,000.

RECOMMENDATION:

Adopt Resolution 2025-146.

BACKGROUND:

The City of Banning Police Department has been awarded $78,000.00 in State of California – Office of Traffic Safety (OTS) funding under the Traffic Records Improvement Project (TRIP) Grant for the first time. This grant is for the express purpose of purchasing electronic citation and traffic reporting software only, and will improve the Department’s ability to collect, analyze, and report traffic data, enhancing roadway safety in the City of Banning. By modernizing data systems, the city will strengthen its ability to address traffic safety challenges along Interstate 10, local streets, and key infrastructure areas. The grant period is October 1, 2025, through September 30, 2026.

JUSTIFICATION:

Acceptance of the $78,000.00 TRIP Grant will allow the Police Department to implement electronic citation and crash reporting software, providing more accurate and timely traffic data. These improvements will strengthen the City’s ability to identify traffic trends, prioritize enforcement, and improve roadway safety for residents and visitors. The transition from paper-based to electronic reporting will also increase efficiency for officers and reduce administrative burdens to help the Department make better-informed decisions, allocate resources effectively, and reduce crashes and injuries in the community.

FISCAL IMPACT:

There is no matching component associated with the acceptance of these grant funds.

ALTERNATIVES:

Do not adopt Resolution 2025-146 and provide staff alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:
681
Yes
ATTACHMENTS:

1. Resolution 2025-146.docx

2. Grant Agreement - TR26018 Banning.pdf
682
Resolution 2025-146

RESOLUTION 2025-146

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

APPROVING THE GRANT AGREEMENT BETWEEN THE CITY OF BANNING AND THE STATE OF CALIFORNIA – OFFICE OF TRAFFIC SAFETY (OTS) FOR THE FY 2025-2026

TRAFFIC RECORDS IMPROVEMENT PROJECT (TRIP) GRANT, AND ACCEPTANCE OF THE OTS TRIP GRANT AWARD IN THE AMOUNT OF $78,000
WHEREAS, the City of Banning Police Department has entered into an agreement (hereafter referred to as “Agreement”) with the State of California – Office of Traffic Safety (OTS); and
WHEREAS, pursuant to the Agreement, the Banning Police Department is being awarded a Traffic Records Improvement Project (TRIP) Grant award in the amount of $78,000.00; and WHEREAS, Grant funds may be used to improve the quality and accessibility of traffic records by supporting efforts such as the purchase of equipment or software for electronic crash and citation reporting, enhancing data collection and compatibility with state and national systems, and improving the ability to analyze traffic safety trends and outcomes; and WHEREAS, the City of Banning Police Department will utilize grant funds to purchase, implement, and maintain equipment and software necessary to collect, record, and report traffic crash and citation data to OTS during the Agreement period from October 1, 2025, to September 30, 2026; and
WHEREAS, any liability arising out of the performance of this Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the OTS disclaim responsibility for any such liability.

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

SECTION 1. The City Council approves the FY 2025-2026 TRIP Grant Agreement with the State of California - Office of Traffic Safety (OTS), attached hereto as Exhibit “A,” and approves the acceptance of the FY 2025-2026 TRIP Grant through the State of California – OTS and any subsequent amendments to extend the Grant Agreement for up to zero additional years upon satisfactory performance, with a total not-to-exceed grant funding amount of $78,000.00 over one (1) year.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to and execute the FY 2025-2026 TRIP Grant Agreement with the State of California - OTS on behalf of the City Council.

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

SECTION 4. The City Council agrees that grant funds received hereunder shall not be used to supplant expenditures controlled by the City Council.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 683
Resolution 2025-146

PASSED, APPROVED AND ADOPTED this 14th day of October 2025.

ATTEST:

Sheri Flynn, Mayor
City of Banning
Sandra Calderon, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
684
Resolution 2025-146

CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-146, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of October 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning, California
685
Resolution 2025-146

EXHIBIT A
Grant Agreement
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
TR26018

1. GRANT TITLE
Traffic Records Improvement Project

2. NAME OF AGENCY 3. Grant Period
Banning From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Banning Police Department

5. GRANT DESCRIPTION
State and local agencies need timely, accurate, complete, uniform, integrated, and accessible traffic records to identify and prioritize traffic safety issues, to choose appropriate safety countermeasures and evaluate their effectiveness. Traffic records improvement grants provide traffic safety stakeholders with the ability to improve the quality of the State's crash and citation data through various efforts such as: purchasing equipment or software for electronic reporting of crash data, citation data reporting and collection, improving the compatibility of crash and/or citation data with the state and national data systems, enhancing the ability to analyze trends in crashes, crash outcomes, and contributing factors, etc.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $78,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Brandon Smith
Lieutenant
[email protected]
951-830-9191
125 East Ramsey Street
Banning, CA 92220
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Art Vela
Interim City Manager
[email protected]
(951) 922-4860
125 East Ramsey Street
Banning, CA 92220
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Cornelio Datuin Jr.

Deputy Finance Director
[email protected]
(951) 922-2663
125 East Ramsey Street
Banning, CA 92220
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405c TR-26 20.616 0521-0890-101 2025 04/25 BA/25 $0.00

AGREEMENT
TOTAL $78,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$78,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $78,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

T9ZPMCBNFZC8
125 EAST RAMSEY ST.

BANNING
92220-4839
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
TR26018

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The City of Banning, located in Riverside County, California, was incorporated on July 3, 1913. As a city situated along the major transportation route of Interstate 10, Banning serves as a key gateway to Southern California. The city is home to a diverse population of approximately 31,000 residents, but it also faces significant traffic management challenges due to the high volume of through traffic, particularly from out-ofstate travelers who use the interstate as a direct route to other regions. Interstate 10, running directly through the heart of the city, sees a daily influx of travelers, many of whom are unfamiliar with the local roadways. When crashes occur on the freeway, it often results in massive congestion as drivers exit onto city streets to bypass traffic. This sudden surge of unfamiliar vehicles on narrow, local roads exacerbates the risk of crashes and creates additional traffic hazards for residents.

In addition to the challenges posed by Interstate 10, Banning is also impacted by the presence of key infrastructure, including the Riverside County Smith Correctional Facility, the Riverside County Superior Court (Banning Justice Center), and the Union Pacific Railroad Tracks. These facilities generate high traffic volumes, with law enforcement, court staff, inmates, and visitors contributing to congestion in and around the city. The Smith Correctional Facility creates traffic concerns, as the area surrounding the facility sees an influx of vehicles during visiting hours, and local streets are frequently used as access points for inmate transport. The Union Pacific Railroad Tracks also cross key roadways in the city, creating delays and traffic backups when trains pass through, which is a recurring issue that adds to congestion and potential crashes.

These compounded challenges create a complex traffic environment that is difficult to manage and control, with multiple factors contributing to the city’s traffic safety issues. Banning’s local roadways are often overwhelmed with unfamiliar drivers, high-risk areas near key infrastructure, and a lack of timely, efficient traffic data and reporting, further complicating efforts to mitigate traffic crashes and improve overall roadway safety.

To address these issues, the Banning Police Department seeks to implement the Traffic Records Improvement Project (TRIP) Grant to enhance its ability to manage traffic and improve safety on city streets.

The introduction of e-ticketing software will streamline citation and crashes reporting processes, allowing for more accurate, efficient, and timely data collection. This will enable the department to better identify highrisk traffic patterns, improve enforcement efforts, and ultimately reduce crashes, fatalities, and traffic-related incidents in the city.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The City of Banning, located in Riverside County, California, faces significant traffic safety challenges, primarily driven by its unique infrastructure and geographic position along Interstate 10. As a crucial transportation route connecting major California cities, Interstate 10 runs directly through the city, contributing to an overwhelming volume of traffic. With over 200,000 vehicles passing through the area daily, many of these travelers are out-of-state drivers unfamiliar with the local roadways. When crashes occur on the interstate, it often leads to an influx of traffic as vehicles exit onto city streets to bypass the freeway congestion. This sudden surge in unfamiliar traffic exacerbates the risk of crashes, especially on narrower, urban roads that were not designed to handle such volumes of traffic. The increased congestion causes delays, higher speeds, and driver frustration, all of which contribute to a higher number of crashes on city streets.

In 2023, the Banning Police Department responded to over 250 traffic crashes, with approximately 20% of those crashes occurring within close proximity to the I-10 freeway. These incidents often involve out-of-state travelers who are not accustomed to local road signs, road layouts, and traffic patterns. Moreover, the highspeed transitions from the interstate to city streets frequently lead to crashes, particularly at key 689
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intersections such as Hwy 243 and San Gorgonio Avenue. The increased risk is especially evident during peak travel times when crashes on the freeway push vehicles onto surface streets, causing a spike in traffic crashes and pedestrian crashes.

Another significant factor contributing to traffic issues in Banning is the presence of major infrastructure facilities, namely the Riverside County Smith Correctional Facility, the Riverside County Superior Court (Banning Justice Center), and the Union Pacific Railroad Tracks. These facilities contribute to substantial local traffic congestion and crashes. The Smith Correctional Facility, housing a large number of inmates, results in high volumes of traffic related to inmate transport and visitation. Law enforcement, correctional officers, and families visiting inmates create bottlenecks around the facility, particularly during peak visiting hours. In 2023, the area surrounding the correctional facility saw at least 30 reported incidents related to traffic congestion, including rear-end crashes and side-swipe crashes.

Additionally, the Union Pacific Railroad Tracks that run through the heart of the city also contribute to frequent traffic delays and safety hazards. Trains regularly block intersections at Hargrave Street, San Gorgonio Avenue, and Twenty-Second Street, causing significant disruptions during peak traffic hours.

According to recent data, over 15 incidents in 2023 were reported in which the blocked railroad crossings caused additional crashes, particularly when drivers attempted to bypass the trains through adjacent streets.

These frequent interruptions increase driver impatience and contribute to risky driving behaviors, further exacerbating the already dangerous traffic environment.

To address these ongoing traffic safety concerns, the Banning Police Department will use TRIP funding. The primary traffic issues to be addressed include improving traffic data collection, analysis, and reporting to better understand the causes of crashes and improve enforcement. The e-ticketing software purchased with this grant will streamline the process of issuing citations and documenting crashes, making it easier for officers to track traffic incidents and identify patterns. The crash reporting interface will help streamline traffic crash reporting and will allow employees to free themselves from the burdensome task of manually reporting data, so they can direct their attention to more important tasks that will assist with roadway safety. Accurate, real-time data will enable BPD to respond more effectively to high-risk areas, such as those near I-10, the correctional facility, and the railroad crossings. This improved data collection will help the department proactively address emerging traffic issues and prioritize resources in areas with the highest incidence of crashes, ultimately enhancing safety for residents and travelers alike.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The target population for the Traffic Records Improvement Project (TRIP) Grant in the City of Banning includes the city’s residents, commuters, and vulnerable road users, such as pedestrians and transients. As of the most recent census, Banning’s population is diverse, with a 47% Latino population, 30% White, and 15% African American. The demographics of the city, combined with its location along Interstate 10 and the surrounding infrastructure, significantly shape the traffic safety challenges it faces. Banning's residents, including a substantial number of families, workers, and senior citizens, are directly affected by the increasing traffic issues, particularly as outsiders unfamiliar with the area flood local streets due to congestion on the freeway.

The city's rapid growth has been accompanied by an increase in the number of transients, largely due to the proximity of the Riverside County Smith Correctional Facility and the Banning Justice Center. In recent years, the transient population in Banning has grown, with many individuals drawn to the area by the resources available around the correctional facility and the proximity to public assistance. According to recent reports, approximately 12% of Banning’s population experiences homelessness or transient living conditions, many of whom occupy areas near busy intersections and along roadsides. This transient population poses a significant risk, as these individuals frequently walk or sleep along the roadways, creating hazards for both themselves and drivers.

The growing number of pedestrians in Banning, particularly those who are transient or experiencing homelessness, is another critical factor in the city's traffic safety concerns. With high volumes of foot traffic, especially in areas near the county jail, the downtown corridor, and the Union Pacific railroad tracks, Banning has seen a concerning rise in pedestrian-related crashes. In 2023, pedestrian-involved crashes accounted for 12% of all traffic crashes in the city, with several fatal incidents directly related to transients walking along or crossing busy streets like San Gorgonio Avenue and Hargrave Street. This demographic, 690
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often unfamiliar with the traffic patterns or pedestrian laws, contributes to a disproportionate number of crashes involving pedestrians, making them a particularly vulnerable group in the city.

Additionally, commuters traveling through Banning, especially those using Interstate 10, are heavily affected by the city’s traffic issues. As over 200,000 vehicles pass through the city daily, many of which are out-ofstate travelers unfamiliar with local roadways, the risk of crashes increases, particularly when they exit the freeway to bypass congestion. This volume of traffic leads to increased crashes, including rear-end crashes, side-swipes, and pedestrian-related incidents. The transient population, combined with these high volumes of unfamiliar drivers, further exacerbates the challenges faced by Banning’s residents and commuters, creating an unsafe environment for all road users.

The TRIP grant will primarily serve to improve the safety of these at-risk populations by providing the Banning Police Department with the tools needed to better collect and analyze traffic data. By implementing e-ticketing software, the Banning Police Department will be able to improve its ability to track and address traffic patterns and crashes involving vulnerable populations, including pedestrians and transient individuals.

Better data will allow for targeted enforcement efforts, ensuring that Banning’s most vulnerable road users and residents benefit from enhanced traffic safety measures and reduced risk of injury or death.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. To improve the timeliness, accuracy, completeness, uniformity, accessibility, and integration of the California Traffic Records System.

B. Objectives: Target Number

1. Purchase and implement a new electronic crash reporting solution or upgrade an existing electronic crash reporting system to allow for submission of complete crash reports to the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), and/or to a departmental records management system (RMS) as applicable.
1 2. Purchase and implement a new complete electronic citation reporting solution or upgrade an existing electronic citation reporting system that includes the capability of exporting data to both a departmental records management system (RMS) as well as to the local court records system, if and when the local court can receive electronic citation data.
1 3. To complete security requirement with the California Highway Patrol (CHP) for access to CHP data.
1 4. Begin electronic submission of crash reports to California Highway Patrol (CHP). 1

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Determine specific system traffic records (i.e., crash or citation) data system requirements.  Determine specific equipment requirements.
 Request vendor price quotation per host agency requirements.  Procure an electronic crash reporting system with the following functionalities:
 System licensing with installation and training vendor.  GIS based mapping.
 Segment crash diagraming tool.
 Ability to create or import crash reports.
 Ability to import and export agency RMS files.
 Ability to perform complete analysis of crash reports.  Secure database accessibility by appropriate agency personnel.  Ability to electronically transfer complete crash report to the California Highway Patrol’s Statewide Integrated Traffic Records System.
 Procure an electronic citation system with the following functionalities:
 System licensing with installation and training.
 Ability to electronically transfer and maintain the agency's citation data. 691
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 Ability to analyze of agency's citation reports.
 Secure database accessibility by appropriate agency personnel.  Ability to export complete citation reports to the local county court.

B. Phase 2 – Program Operations (Throughout Grant Year)  Select vendor for system development, implementation, and installation.  Monitor and oversee progress of system/software development.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)  Prepare and submit grant claims invoice (due January 30, April 30, July 30, and October 30).  Successful project completion and confirmation of successful electronic transmission of crash reports by the California Highway Patrol is required before submission of invoice claims seeking reimbursement from OTS.
 Prepare and submit quarterly performance reports (due January 30, April 30, July 30, and October 30).
 Collect and report quarterly appropriate data that supports the progress of goals and objectives.
 Provide a summary of quarterly accomplishments and explanations for objectives not completed.
 Collect, analyze, and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
TR26018

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405c TR-26 20.616 State Traffic Safety Information
System Improvements
$78,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Complete Traffic Crash and Electronic
Citation Data Collection System
405c TR26$73,920.00 1 $73,920.00
Category Sub-Total $73,920.00
E. OTHER DIRECT COSTS
Mobile Printer 405c TR26$816.00 5 $4,080.00
Category Sub-Total $4,080.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $78,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
TR26018

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
Complete Traffic Crash and Electronic Citation Data Collection System - A combination traffic crash and electronic citation data collection system will handle both traffic crash and traffic citation data collection and processing. The traffic crash database system will collect, analyze, and display crash and enforcement data, including a full featured module for analysis, allowing queries for top ranking lists of locations, breakdowns by cause, type, injury, conditions, and many other attributes. Queries and Reports will be provided in a variety of formats including pie charts, bar charts, and summaries. The system provides for crash mapping on Google Earth, ESRI GIS, or similar mapping products. Costs may include laptop/desktop computers, software and licenses, printers, accessories, training, and associated shipping and taxes. The traffic citation system will collect citation data electronically in the field, print a violator copy of the citation, and transfer the information electronically to the agency RMS system and the courts for prosecution. The system will be used by traffic officers to improve the efficiency and accuracy of writing traffic citations. Costs may include the purchase of electronic citation devices, mag-strip readers, fingerprint readers, audio recorders, cameras, docking/charging stations, laptop/desktop computers, software, licenses, printers, accessories, training, and associated shipping and taxes.

OTHER DIRECT COSTS
Mobile Printer - Mobile printers to be used with electronic citation devices for traffic officers to print the citation in the field. Costs include the purchase of the printer, accessories, and associated shipping and taxes.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. 694
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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
TR26018
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 696
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 697
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 698
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 699
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 700
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
701
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 702

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: David Newell, Community Development Director Mark Staples, Planning Manager; Ted Lopez, Senior Planner MEETING DATE: October 14, 2025
SUBJECT: PUBLIC HEARING CONTINUED FROM SEPTEMBER 23, 2025 MEETING - Consideration of Resolution 2025-135 Approving a Cannabis Conditional Use Permit (CUP) Application, Case No. PLN 24-0107, by Flower Dept, LLC to Allow for the Commercial Cultivation of Cannabis (Project) within an Existing 8,041-square-foot Industrial Building at 200 John Street, in the Industrial (I) Zoning District (APN 541-220-006)
RECOMMENDATION:

Adopt Resolution 2025-135.

BACKGROUND:

On September 23, 2025, the City Council conducted a public hearing to consider the subject Cannabis CUP application submitted by Flower Dept, LLC. At the public hearing, City Council considered public comments on the Project and voted to continue the application to its regular meeting on October 14, 2025, with direction to staff and the Applicant to provide additional information on fire access, odor containment, water usage, and prior violations at the site. Additional information is provided below. (NOTE: The September 23, 2025 City Council Staff Report providing additional project background and discussion is attached below.)
Fire Access and Safety
There was City Council discussion regarding fire access to the Project. In particular, a Councilmember questioned if adequate turnaround space would be provided with the proposed hammerhead in the parking area to maneuver fire truck and fire apparatus to the building.

The Fire Marshal revisited the location and determined that the Project does meet the Riverside County (RivCo) Fire Guidelines for fire truck access, fire apparatus, and fire personnel. It should be noted that there are two fire hydrants near the Project location. The estimated “fire hose pull distance” from the existing John Street hydrant to the Project is 180 feet, and “fire hose pull distance” from the existing Galleher Way hydrant is 280 feet.

The Applicant has agreed to install a fire sprinkler system to the interior Project building. The Fire Marshall has also specified fire protection measures in the Project Conditions of Approval to enhance and protect the Project building and adjacent properties from fire hazards and fire emergencies.

Odor Containment
Project odor and containment was a major concern commented on by community members and Planning Commissioners. The Project Owners have provided double wall-enclosures and scrubbers and 703
odor control units to prevent cannabis odors from escaping the Project building. Each cannabis cultivating grow room will feature a carbon exhaust filter system, dehumidifier, in-take exhaust fan, exhaust vent and HVACs.

Water Usage
The Project Applicant has estimated approximately 700 gallons of water a day is used on a project cultivating cannabis. The estimation is based on similar size from a project cultivating cannabis.

Prior Site Violations
Prior to the submittal of this application, the property owner was cited for an illegal grow of cannabis.

Community Development staff conducted additional investigation and determined no affiliation by the Project Principals are, or ever have been, involved with the building and illegal grow of cannabis at the project site. The Business Owners, Antonio Simeone and Kenneth R. Brymer, have been vetted by the Banning Police Department and found no prior or history of cannabis violations. Therefore, the Business Owners have received a “Cannabis Cultivation Regulatory Permit” to legally operate a cannabis business in the City of Banning, as required by Chapter 5.35 of the Banning Municipal Code.

Revised Conditions:

Based on the foregoing information and the discussion by the City Council at the prior public hearing on September 23, 2025, the following conditions have been included in the draft conditions of approval attached to this report (new text is underlined and removed text is strikethrough):

Planning Division:

26. The facility shall install and maintain a ventilation and filtration system compliant with the California Building Code and approved by the City Building Official that prevents odors from exiting the building (BMC 17.53.150). The Project Principals shall install industry-standard carbon filters including double filtration measures to mitigate odor leaks and ensure odor containment. Prior to occupancy, the Applicant shall seal all gaps, holes and penetrations in the exterior walls to the satisfaction of the Building Official or designee. New interior walls and ceilings shall be constructed for each of the rooms where odor control is necessary, including but not limited to cultivation, drying and trimming rooms. The new walls and ceilings shall provide a continuous air barrier around these spaces so as to contain odors, in addition to the required filtration systems.

35. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions.

Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed on the premises. All commercial cannabis activity shall be separated from the main entrance and lobby, and cannabis and cannabis products shall be secured by a lock accessible only to managers and staff of the permittee (BMC 17.53.080(H-I). The canopy area shall be a minimum of 10,000 square feet (but not more than 22,000 square feet) and may include stacked canopy systems to comply with BMC 5.35.050.

Fire Division:

55. Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. The commercial building shall be required to install a fire sprinkler system prior to occupancy. Reference CFC as amended JUSTIFICATION:

In order to approve the Cannabis – Conditional Use Permit application, Case PLN 24-0107, the City Council is required to make findings pursuant to Chapter 17.52 of the BMC Zoning Ordinance, and Chapter 17.53 of the BMC Zoning Ordinance, Section 17.53.060. Procedures and Findings for Approval of Cannabis Conditional Use Permit. The Planning Commission recommended approval of the Cannabis – Conditional Use Permit application for Case PLN 24-0107 pursuant to the findings in Planning Commission Resolution 2025-06. The findings are included in the draft resolution attached to this report. 704
Finding A: The proposed use is consistent with the General Plan.

Finding of Fact: The proposed Project cannabis cultivation is consistent with the General Plan’s designation for industrial development in the area, which supports cannabis cultivation, warehousing and office uses. Further, Conditional Use Permit 24-0107 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 Cannabis - Conditional Use Permit Case No. 24-0107 would allow the applicant to promote business diversity, while providing an economic benefit to the City.

Finding B: The proposed use is conditionally permitted with the Industrial zoning district and complies with all of the provisions of BMC Chapter 17 of the BMC..

Finding of Fact: The proposed project complies with the applicable requirements of the Industrial (I) zoning district as outlined in BMC Chapters 17.12 and 17.53. The project meets or exceeds all applicable development standards, including lot size, setbacks, building height, and parking requirements, ensuring conformance with the zoning ordinance for industrial uses. Table 17.12.020 (“Permitted, Conditional and Prohibited Commercial and Industrial Uses”) of Section 17.12.020 of Chapter 17.12 of Title 17 of the Banning Municipal Code provides that “Cannabis Commercial Indoor Cultivation”, is a conditionally permitted use in the Industrial zoning district. The proposed Cannabis Cultivator complies with all other applicable provisions of Title 17 of the Banning Municipal Code, including the standards set forth in Section 17.12.050.V. applicable to Cannabis Cultivator (Use Specific Development Standards). Lastly, the proposed project complies with the provisions of Chapter 17.53, including standards regarding the premises, personnel, security, cannabis tracking and tracing, signage, waste management, sanitary requirements, and odor control.

Finding C: The proposed use would not impair the integrity and character of the land use district in which it is to be located.

Finding of Fact: The proposed use is located on the former right-of-way of John Street, located in the northern end of Galleher Way. Adjacent properties consist of other industrial uses, including cannabis cultivation, towing yards, plumbing supply, and energy management. Access ingress/egress to the Project is via an access easement at the north end of the Galleher Way. It is anticipated that the area would contain indoor commercial cannabis cultivation which is conditionally permitted within the City under Banning Municipal Code Chapter 17.53 Cannabis Conditional Use Permits.

Finding D: The subject site is physically suitable for the type and intensity of land use being proposed.

Finding of Fact: The subject site currently consists of an existing industrial warehouse building and the applicant is proposing interior changes to the building to create the growing room setting needed for cannabis cultivation. Furthermore, the project site will utilize existing paved areas for adequate parking, access, and lighting. The building is of adequate size and design to accommodate cannabis cultivation.

Finding E: There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

Finding of Fact: The existing project site and structure are currently tied to the local water, sewer, and Banning Electric Utility public utility system.

Finding F: There will not be significant harmful effects upon environmental quality; natural resources; or neighborhood characteristics.

Finding of Fact: The proposed Cannabis – Conditional Use Permit is exempt from the requirements per Section 15301 of the CEQA Guidelines as the proposed project is utilizing an existing structure with no proposed expansion of the structure or use.

Finding G: The proposed location, size, design, and operating characteristics of the proposed use will not be detrimental to the public interests, health, safety, convenience, or welfare of the City of Banning. 705
Finding of Fact: The proposed location, design, and operating characteristics of the proposed cannabis cultivation facility will not be detrimental to the public interests, health, safety, convenience, or welfare of the City of Banning and will complement existing cannabis and industrial businesses located on Galleher Way. Cannabis related activities are regulated by the State of California, Bureau of Cannabis Control (BCC). The applicant must maintain a valid BCC license to be compliant with the Banning Municipal Code and BCC. If determined for good cause that the continuance of such license would be contrary to the public safety and welfare, the City of Banning and the BCC are authorized to suspend or revoke any license.

ENVIRONMENTAL DETERMINATION:

Planning staff has determined that the project qualifies for a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301 – Existing Facilities. This exemption applies when a project involves interior or exterior tenant improvements, maintenance, permitting, or licensing of an existing structure where there is negligible or no expansion of use or capacity.

This project involves converting an existing 8,041-square foot vacant industrial building into a cannabis cultivation facility through tenant improvements only, such as partitioning, HVAC, electrical upgrades, and plumbing, with no change to the exterior footprint, height, or building coverage. The site is fully developed and served by existing utilities, and it is not located on environmentally sensitive lands or hazardous sites. There is no evidence of cumulative impacts or unusual circumstances that would affect scenic or historic resources, as similarly concluded for prior cultivation projects in the City. The proposed project and cultivation business is subject to the submission of quarterly reports that outline their operations and cataloguing nuisance odors and other community complaints.

Based on these considerations, the project meets the criteria for a Class 1 exemption. A Notice of Exemption will be filed with the Riverside County Clerk following the City Council’s approval.

FISCAL IMPACT:

The Project Applicants anticipate 6-10 full-time employment positions created by the Project. The Project Applicant has committed to hiring locally, supporting community engagement, and generating local tax revenue.

Per BMC 3.17.030(B) a cannabis cultivation facility shall pay to the City an annual cannabis business tax in an amount that is equal to $15 per square foot of canopy space. Since the prior public hearing, the Applicant has indicated a double-stacked canopy area would equate to roughly 10,404 square feet of grow area. The annual cannabis business tax would equate to approximately $156,060 per year.

ALTERNATIVES:

Provide alternative responses to the required findings and direct staff to return with resolution specifying a different decision on the Conditional Use Permit application.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CC Staff Report 9-23-25 PLN 24-0107

2. Draft CC Resolution 2025-135

3. Draft CC Conditions of Approval

4. Project Plans - dated 2025-10-06
706

5. Map Exhibits 09-23-2025

6. PC Minutes 08-06-2025

7. PC Minutes 07-09-2025

8. Applicant Response to Council Questions - 10-08-2025

9. Flower Dept LLC Application

10. CEQA Notice of Exemption
707

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Mark Staples, Planning Manager
David Newell, Community Development Director
MEETING DATE: September 23, 2025
SUBJECT:

Consideration of Resolution 2025-135 Approving a Cannabis Conditional Use Permit (CUP) Application Case No. PLN 24-0107, by Flower Dept, LLC to Allow for the Commercial Cultivation of Cannabis (Project) within an Existing 8,041-square foot Industrial Building at 200 John Street, in the Industrial (I) Zoning District (APN 541-220-006)
RECOMMENDATION:

Adopt Resolution 2025-135.

BACKGROUND:

The project applicants are requesting a Cannabis – Conditional Use Permit to operate the commercial cultivation of cannabis within an existing 8,041 square-foot vacant industrial building located at 200 John Street (Project). The project applicants are also proposing tenant improvements to the interior building consisting of grow rooms, dry/trim/harvesting rooms, office/security room, storage room, break room, and employee restrooms.

The Project will include an access easement by a paved driveway off Galleher Way. The property owner, Flower Dept., LLC, has negotiated an access easement at the end of a cul-de-sac on Galleher Way to allow vehicle ingress/egress to the Project across the eastern portion of the property at 313 Galleher Way. Project access off John Street will be closed to all vehicles. Project-related business traffic will be conducted exclusively through the new, dedicated ingress/egress easement on Galleher Way.

One condition that the Planning Commission recommended, but staff is not pursuing, for this project before the City Council, is related to the access easement from Galleher Way to the project site. The Commission recommended that the project switch from a recorded access easement across the property at 313 Galleher Way to the project site, to a Lot Line Adjustment that alters both properties shape to provide 200 John Street its own frontage along the cul-de-sac of Galleher Way. Staff in the Planning and Public Works Departments have processed a draft access easement that is ready to record pending approval of the project. A change in process would unnecessarily result in more staff time, applicant’s surveyor’s time, and added expenses to the project. Access easements across properties are a common practice in commercial shopping centers and industrial properties. Both processes provide the same permanent recorded access to the project site. The property owners of 200 John Street and 313 Galleher Way have tentatively agreed to the access easement. Staff recommends continuing with the access easement and require that it is to be recorded prior to issuance of Certificate of Occupancy. 708
Zoning:

The Zoning District is Industrial (I). The use is permitted under Title 17 of the Banning Municipal Code (BMC) that provides Cannabis Commercial Indoor cultivation subject to approval of a Cannabis – Conditional Use Permit by the City Council, after recommendation by the Planning Commission (Chapters 17.52 and 17.53 of the Zoning Code).

Additional requirements identified in the Code state the cannabis cultivator must be at least 600-feet from any day care center, youth center, public or private school providing instruction in any public or private school setting, up to and including High School. The Project is not located within 600 feet of any public or private park. The proposed location of the Commercial Cannabis Cultivation facility is compliant with the above-mentioned requirements.

Address Update:

The project site was originally identified as 200 John Street (APN: 541-220-006). However, due to the establishment of a new vehicular access easement connecting the site to Galleher Way, the City will initiate a formal address change. The site will be recognized as 319 Galleher Way to reflect the new point of access and ensure accurate addressing for public safety, emergency response, and utility coordination.

All future references to the property for permitting, licensing, and compliance purposes will utilize the updated address: 319 Galleher Way, Banning, CA 92220.

Operating Characteristics:

The proposed cannabis cultivation facility will operate daily from 6:00 AM to 10:00 PM. Flower Dept., LLC has submitted comprehensive operations plan covering safety, security, odor control, and waste management. Security features include 24/7 video surveillance, proximity card access, alarm systems, secure storage, and on-site security personnel. Inventory control will utilize METRC, with regular audits and robust waste tracking protocols. Odor mitigation/prevention will rely on carbon filtration, and the business will employ water- and energy-efficient practices. The applicant has committed to hiring locally, supporting community engagement, and generating local tax revenue.

PLANNING COMMISSION:

Public Hearing July 9, 2025:

The Planning Commission conducted a public hearing to make a recommendation to the City Council to either approve, conditionally approve or not approve a Cannabis – Conditional Use Permit (PLN 24- 0107) application (Project) submitted by the Project Applicants, Flower Dept LLC.

Commissioners noted that some conditions of approval needed revisions regarding site inspections, screening of loading areas, filtration systems to prevent odors, the business required to have a community relations representative with their contact information publicly available, recording a public access agreement prior to Certificate of Occupancy, and the business to provide quarterly operations reports on community complaints on operations and odor prevention.

Further, the Planning Commission expressed concern regarding whether the Project qualified for a CEQA Categorical Exemption.

The Planning Commission passed a motion to continue the public hearing to a Special Meeting on August 6, 2025.

Public Hearing August 6, 2025:

The Planning Commission continued their public hearing to make a recommendation to the City Council to either approve, conditionally approve or not approve a Cannabis – Conditional Use Permit for the Project.
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Planning Staff worked with the project applicants to specifically address Planning Commission concerns involving project operations, focused on cannabis site inspections, odor filtration systems to prevent odors, business community relations and quarterly operation reports. Staff further explored review of CEQA Categorical Exemptions involving cannabis operations.

The project applicants agreed to adding and revising conditions of approval attached herein.

Planning Staff also reviewed CEQAnet (the online source of state CEQA determination filings by all cities, counties, and other agencies) and found that most cannabis projects have utilized the Section 15301 Categorical Exemption. Staff findings disclosed that most cannabis commercial or industrial operations that utilized existing buildings qualified under CEQA Section Categorical Exemption.

Categorical Exemption projects also included odor prevention reporting.

Those cannabis projects that required further CEQA analysis through a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) involved new larger ground up construction or large outdoor growing and cultivation facilities (i.e. 30,000 s.f. or greater properties/greenhouses). Other cannabis facilities involved indoor cultivation have discussed odor mitigation plans but have not considered those emanating from cannabis growth and harvesting as part of a greenhouse gas (GHG) emissions air quality analysis. For projects with new construction, the Air Quality analysis involved more discussion on the emissions from grading activities and construction equipment and less about odors from the cannabis activity. Most projects were conditioned to submit regular odor mitigation reporting similar to what is conditioned for this project.

At the conclusion of the August 6, 2025 meeting the Planning Commission voted 3-2 and adopted Resolution 2025-06 recommending the City Council approve the Project application and making a determination that the project qualifies as a Categorical Exemption per the CEQA Guidelines Section 15301 for Existing Facilities.

DESCRIPTION:

Existing Conditions:

The project site consists of an existing, single-story, 8,041-square-foot industrial building. The structure is currently vacant. The 0.61-acre net lot is paved and contains no outdoor storage. The site is flat, developed, and not subject to environmental constraints.

In the tables that follow are the adjacent street conditions and surrounding properties uses, general plan designations, and zoning designations.

Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
Galleher Way Y Y Y
Surrounding Property
Existing Land Use Per
Chapter 17
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Industrial Industrial Industrial
North Railroad/Public Facility
Public Facilities –
Railroad/Interstate
(PF-RI)
PF-RI
South Industrial Building Industrial Industrial
East Power Plant Industrial Industrial
West Industrial Building Industrial Industrial
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Project Compliance with Standards:

Pursuant to BMC Section 17.12.030, the following development standards apply:

Industrial Zone Standard
Required/
Allowed
Provided Compliance
Min. Lot Size 10,000 SF 25,265 SF Y
Min. Lot Width (Feet) 70
386’ - 10 3/8” North
252’ - 2” South
Y
Min. Lot Depth (Feet) 100 110’ 1” Y
Min. Setbacks (Feet)
· Front (South)
· Street Side (East)
· Side (West)
· Rear (North)
10’
10’
0’
0’
10’
10’
0’
0’
Y
Y
Y
Y
Max. Bldg. Coverage 60% 32% Y
Max. Building Height
2 Stories
50 Feet
1 Story
24’-11”
Y
Perimeter Wall Height
· North
· South
· East
· West
8 Feet
8 Feet
8 Feet
8 Feet
6’ fence
New 6’ block wall to
screen w/sliding gate
6’ fence
6’fence
Y
Y
Y
N/A
Trash Enclosure
Screened
6’ High (bin)
3’-6” High (cans)
Y
6’
Y
Y
Mechanical Equipment Screened Screened Y
Pursuant to BZO Section 17.28.040, the following parking standards apply:

Use
SF or # of
Units
Parking
Ratio
Required Provided Compliance
Indoor Cannabis
Cultivation
8,041 SF
2+ 1/1,000 SF 10 N/A
Office (two) 116 1/200 1 N/A
TOTAL SPACES: 11 11 Y
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Regular and Handicap Spaces: 2 ADA 9 Regular
Site Plan:

The proposed project is located on a 0.61-acre parcel developed with an existing 8,041-square-foot industrial building. The building is centrally located on the site, with vehicle access exclusively via a new access easement at the northern terminus of Gallaher Way. Access from John Street will be permanently restricted. Parking and driveway areas, totaling approximately 6,436 square feet, are located on the south and east sides of the building, with two spaces on the north side of the building, and are separated from the public street, consistent with BMC 17.12.110(H) and (O).

The site layout avoids expansive parking fields and instead clusters parking to support the primary use, in line with BMC 17.12.100(J). The layout allows for efficient vehicular circulation while minimizing pedestrian conflict, as encouraged by BMC 17.12.100(C) and BMC 17.12.110(K). While this is a singleuse building, it is oriented to the internal access point rather than the public right-of-way, given the nature of its industrial use and access requirements. Loading areas are confined to the south side/rear of the site, and will be screened with a 6-foot high decorative block wall, in compliance with BMC 17.12.100(H).

Mass and Scale:

The Project involves the reuse of an existing single-story industrial building totaling 8,041 square feet. No additions or exterior structural changes are proposed, and the height, bulk, and overall mass will remain consistent with the original construction. The building is typical in size and scale for the Industrial (I) zoning district and is compatible with surrounding development.

The Project site upgrades and proposes, new landscaping, secured access from Galleher Way, and screened parking, support improved site functionality. The project maintains a low profile, consistent with the surrounding built environment, and requires no transition in height or mass due to the compatible design with adjacent industrial uses.

JUSTIFICATION:

In order to approve the Cannabis – Conditional Use Permit application, Case PLN 24-0107, the City Council is required to make findings pursuant to Chapter 17.52 of the BMC Zoning Ordinance, and Chapter 17.53 of the BMC Zoning Ordinance, Section 17.53.060. Procedures and Findings for Approval of Cannabis Conditional Use Permit. The Planning Commission recommended approval of the Cannabis – Conditional Use Permit application for Case PLN 24-0107 pursuant to the findings in Planning Commission Resolution 2025-06. The findings are included in the draft resolution attached to this report.

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

Finding of Fact: The proposed Project cannabis cultivation is consistent with the General Plan’s designation for industrial development in the area, which supports cannabis cultivation, warehousing and office uses. Further, Conditional Use Permit 24-0107 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 Cannabis - Conditional Use Permit Case No. 24-0107 would allow the applicant to promote business diversity, while providing an economic benefit to the City.

Finding B: The proposed use is conditionally permitted with the Industrial zoning district and complies with all of the provisions of BMC Chapter 17 of the BMC.

Finding of Fact: The proposed project complies with the applicable requirements of the Industrial (I) zoning district as outlined in BMC Chapters 17.12 and 17.53. The project meets or exceeds all applicable development standards, including lot size, setbacks, building height, and parking requirements, ensuring 712
conformance with the zoning ordinance for industrial uses. Table 17.12.020 (“Permitted, Conditional and Prohibited Commercial and Industrial Uses”) of Section 17.12.020 of Chapter 17.12 of Title 17 of the Banning Municipal Code provides that “Cannabis Commercial Indoor Cultivation”, is a conditionally permitted use in the Industrial zoning district. The proposed Cannabis Cultivator complies with all other applicable provisions of Title 17 of the Banning Municipal Code, including the standards set forth in Section 17.12.050.V. applicable to Cannabis Cultivator (Use Specific Development Standards). Lastly, the proposed project complies with the provisions of Chapter 17.53, including standards regarding the premises, personnel, security, cannabis tracking and tracing, signage, waste management, sanitary requirements, and odor control.

Finding C: The proposed use would not impair the integrity and character of the land use district in which it is to be located.

Finding of Fact: The proposed use is located on the former right-of-way of John Street, located in the northern end of Galleher Way. Adjacent properties consist of other industrial uses, including cannabis cultivation, towing yards, plumbing supply, and energy management. Access ingress/egress to the Project is via an access easement at the north end of the Galleher Way. It is anticipated that the area would contain indoor commercial cannabis cultivation which is conditionally permitted within the City under Banning Municipal Code Chapter 17.53 Cannabis Conditional Use Permits.

Finding D: The subject site is physically suitable for the type and intensity of land use being proposed.

Finding of Fact: The subject site currently consists of an existing industrial warehouse building and the applicant is proposing interior changes to the building to create the growing room setting needed for cannabis cultivation. Furthermore, the project site will utilize existing paved areas for adequate parking, access, and lighting. The building is of adequate size and design to accommodate cannabis cultivation.

Finding E: There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

Finding of Fact: The existing project site and structure are currently tied to the local water, sewer, and Banning Electric Utility public utility system.

Finding F: There will not be significant harmful effects upon environmental quality; natural resources; or neighborhood characteristics.

Finding of Fact: The proposed Cannabis – Conditional Use Permit is exempt from the requirements per Section 15301 of the CEQA Guidelines as the proposed project is utilizing an existing structure with no proposed expansion of the structure or use.

Finding G: The proposed location, size, design, and operating characteristics of the proposed use will not be detrimental to the public interests, health, safety, convenience, or welfare of the City of Banning.

Finding of Fact: The proposed location, design, and operating characteristics of the proposed cannabis cultivation facility will not be detrimental to the public interests, health, safety, convenience, or welfare of the City of Banning and will complement existing cannabis and industrial businesses located on Galleher Way. Cannabis related activities are regulated by the State of California, Bureau of Cannabis Control (BCC). The applicant must maintain a valid BCC license to be compliant with the Banning Municipal Code and BCC. If determined for good cause that the continuance of such license would be contrary to the public safety and welfare, the City of Banning and the BCC are authorized to suspend or revoke any license.

ENVIRONMENTAL DETERMINATION:

Planning staff has determined that the project qualifies for a Class 1 Categorical Exemption under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301 – Existing Facilities. This exemption applies when a project involves interior or exterior tenant improvements, maintenance, permitting, or licensing of an existing structure where there is negligible or no expansion of use or capacity.

This project involves converting an existing 8,041-square foot vacant industrial building into a cannabis 713
cultivation facility through tenant improvements only, such as partitioning, HVAC, electrical upgrades, and plumbing, with no change to the exterior footprint, height, or building coverage. The site is fully developed and served by existing utilities, and it is not located on environmentally sensitive lands or hazardous sites. There is no evidence of cumulative impacts or unusual circumstances that would affect scenic or historic resources, as similarly concluded for prior cultivation projects in the City. The proposed project and cultivation business is subject to the submission of quarterly reports that outline their operations and cataloguing nuisance odors and other community complaints.

Based on these considerations, the project meets the criteria for a Class 1 exemption. A Notice of Exemption will be filed with the Riverside County Clerk following the City Council’s approval.

FISCAL IMPACT:

Economic Benefit:

The Project Applicants anticipate 6-10 full-time employment positions created by the Project. The Project Applicant has committed to hiring locally, supporting community engagement, and generating local tax revenue.

Per BMC 3.17.030(B) a cannabis cultivation facility shall pay to the City an annual cannabis business tax in an amount that is equal to $15 per square foot of canopy space. Should the business utilize 6,000 square feet of double stacked canopy space, the annual cannabis business tax should equate to approximately $180,000 per year.

ALTERNATIVES:

N/A
BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 1. PLN 24-0107 CC RESO 09232025.docx

2. 2. PLN 24-0107 CC COA 09232025 .v1.docx

3. 3. PLN_24-0107_Map_Exhibits 09232025.pdf

4. 4. PLN 24-0107 CC Plan Sets 09232025.pdf

5. 5. APPROVED-PC_Minutes_ 08062025.pdf

6. 6. APPROVED-PC_ Minutes_07092025.pdf

7. 7. APPROVED-PC_Resolution_08062025.pdf

8. 8. PLN_24-0107 PC__COA_08062025.pdf

9. 9. PLN_24-0107_Flower_Dept_LLC_Application.pdf

10. 10. PLN 24-0107 CEQAnet DCC Filings.09232025.pdf

11. 11. CITY COUNCIL PUBLIC NOTICE_PLN 24-0107_09232025 -.pdf

12. 12. PLN 24-0107 NOE.pdf

13. 200 John St_PLN 24-0107_affidavit.pdf
714
Resolution 2025-135

RESOLUTION 2025-135

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

CALIFORNIA, THAT THE CITY COUNCIL MAKE A DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15301 AND
APPROVE A CANNABIS – CONDITIONAL USE PERMIT (CUP) CASE
NO. PLN 24-0107, BY FLOWER DEPT., LLC TO ALLOW FOR

COMMERCIAL CULTIVATION OF CANNABIS WITHIN AN EXISTING
8,041 SQUARE-FOOT INDUSTRIAL BUILDING AT 200 JOHN STREET, BANNING, CA IN THE INDUSTRIAL (I) ZONING DISTRICT (APN: 541- 220-006).

WHEREAS, Ricardo Alcantara and Laura Leindecker (the “Project Applicants”) on behalf of Flower Dept., LLC (the “Project Owner”) has applied for a Cannabis – Conditional Use Permit, Case No. PLN 24-0107, to allow for commercial cultivation of cannabis the (“Project”) within an existing 8,041 square foot industrial building in the Industrial (I) Zoning District; 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, the Planning Commission made a recommendation to the City Council regarding a proposed Cannabis - Conditional Use Permit per Chapter 17.53 Cannabis Conditional Use Permits of the Banning Municipal Code (BMC); and
WHEREAS, on June 27, 2025, the City gave public notice by advertising in the Record Gazette, a newspaper of general circulation within the City of Banning, and by mailing notices to property owners within 300 feet of the project site for a public hearing to be held on July 9, 2025 by the Planning Commission; and
WHEREAS, on July 9, 2025, the Planning Commission held a duly noticed public hearing at which time interested persons had an opportunity to testify in-support of or in-opposition to Cannabis Conditional Use Permit, Case No. PLN 24-0107; and
WHEREAS, on July 9, 2025, the Planning Commission considered staff and public testimony on the Project and Cannabis – Conditional Use Permit, Case No. PLN 24-0107 and voted 4-0 to continue the public hearing to a special Planning Commission meeting on August 6, 2025, to consider additional information; and
WHEREAS, on August 6, 2025, the Planning Commission voted 3-2 and adopted Resolution 2024- 06 recommending to the City Council approval for the Project application; and WHEREAS, on August 6, 2025, the Planning Commission in accordance with the requirements of CEQA, staff determined that the Project and Cannabis – Conditional Use Permit, PLN 24-0107, qualifies for a Categorical Exemption pursuant to CEQA Guidelines Section 15331 (Class I – Existing Facilities) and no further environmental analysis is required; and WHEREAS, on September 12, 2025, the City gave public notice by advertising in the Record 715
Resolution 2025-135

Gazette, a newspaper of general circulation within the City of Banning, and by mailing notices to property owners within 300 feet of the project site for a public hearing to be held on September 23, 2025 by the City Council; and
WHEREAS, on September 23, 2025, the City Council held a duly noticed public hearing at which time interested persons had an opportunity to testify in-support of or in-opposition to Cannabis Conditional Use Permit, Case No. PLN 24-0107; and
WHEREAS, on September 23, 2025, the City Council considered the staff report and public testimony on the Project, Case No. PLN 24-0107 and voted 4-1 to continue the public hearing to the next City Council meeting on October 14, 2025, to consider additional information; and WHEREAS, on October 14, 2025, the City Council considered the additional information on the Project, Case No. PLN 24-0107, at a continued public hearing.

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

SECTION 1. ENVIRONMENTAL DETERMINATION
The proposed project is Categorically exempt under CEQA Guidelines Section 15301 (Class 1 – Existing Facilities). The Project is consistent with the General Plan and Zoning Ordinance, occurs within city limits on a site less than five acres in size. The Project shall consist of operation, repair, maintenance, permitting, leasing, licensing, and minor alter of an existing private struct involving negligible or no expansion of existing or former use, including interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances. The Planning Commission has reviewed staff determination of exemption, and based on its own independent judgement, recommends that the City Council concur in the staff determination of exemptions. Based on the foregoing, the City Council finds that the project proposed under Case PLN 24-0107, is exempt from CEQA pursuant to CEQA Guidelines Section 15301.

SECTION 2. REQUIRED FINDINGS FOR CANNABIS – CONDITIONAL USE PERMIT, CASE PLN 24- 0107
Chapter 17.53 of the City of Banning Zoning Ordinance requires that Cannabis Conditional Use Permit applications meet certain Findings prior to the approval recommendation by the Planning Commission. The Planning Commission does hereby find and determines that Case PLN 24-0107 should be approved because:

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

Finding of Fact: The proposed Project cannabis cultivation is consistent with the General Plan’s designation for industrial development in the area, which supports cannabis cultivation, warehousing and office uses. Further, Conditional Use Permit 24-0107 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 Cannabis - Conditional Use Permit Case No. 24-0107 would allow the applicant to promote business diversity, while providing an economic benefit to the City.
716
Resolution 2025-135

Finding B: The proposed use is conditionally permitted with the Industrial zoning district and complies with all of the provisions of BMC Chapter 17 of the BMC.

Finding of Fact: The proposed project complies with the applicable requirements of the Industrial (I) zoning district as outlined in BMC Chapters 17.12 and 17.53. The project meets or exceeds all applicable development standards, including lot size, setbacks, building height, and parking requirements, ensuring conformance with the zoning ordinance for industrial uses. Table

17.12.020 (“Permitted, Conditional and Prohibited Commercial and Industrial Uses”) of Section

17.12.020 of Chapter 17.12 of Title 17 of the Banning Municipal Code provides that “Cannabis Commercial Indoor Cultivation”, is a conditionally permitted use in the Industrial zoning district.

The proposed Cannabis Cultivator complies with all other applicable provisions of Title 17 of the Banning Municipal Code, including the standards set forth in Section 17.12.050.V. applicable to Cannabis Cultivator (Use Specific Development Standards). Lastly, the proposed project complies with the provisions of Chapter 17.53, including standards regarding the premises, personnel, security, cannabis tracking and tracing, signage, waste management, sanitary requirements, and odor control.

Finding C: The proposed use would not impair the integrity and character of the land use district in which it is to be located.

Finding of Fact: The proposed use is adjacent to John Street, located in the north section area of Galleher Way. Access ingress/egress to the Project is via a newly created easement at the end of the Galleher Way. It is anticipated that the area would contain commercial indoor cannibal cultivation currently permitted within the City under Banning Municipal Code Chapter 17.53 Cannabis Conditional Use Permits.

Finding D: The subject site is physically suitable for the type and intensity of land use being proposed.

Finding of Fact: The subject site currently consists of an existing industrial warehouse building and the applicant is proposing interior changes to the building to create the growing room setting needed for cannabis cultivation. Furthermore, the project site will utilize existing paved areas for Finding E: There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

Finding of Fact: The existing project site and structure are currently tied to the local water, sewer, and Banning Electric Utility public utility system.

Finding F: There will not be significant harmful effects upon environmental quality; natural resources; or neighborhood characteristics.

Finding of Fact: The proposed Cannabis – Conditional Use Permit is exempt from the requirements per Section 15301 of the CEQA Guidelines as the proposed project is utilizing an existing structure with no proposed expansion of the structure or use.

Finding G: The proposed location, size, design, and operating characteristics of the proposed use will not be detrimental to the public interests, health, safety, convenience, or welfare of the City of Banning.

Finding of Fact: The proposed location, design, and operating characteristics of the proposed cannabis cultivation facility will not be detrimental to the public interests, health, safety, convenience, or welfare of the City of Banning and will complement existing cannabis and industrial businesses located on Galleher Way. Cannabis related activities are regulated by the State of California, Bureau of Cannabis Control (BCC). The applicant must maintain a valid BCC license to be compliant with the Banning Municipal Code and BCC. If determined for good cause that the continuance of such license would be contrary to the public safety and welfare, the City 717
Resolution 2025-135

of Banning and the BCC are authorized to suspend or revoke any license determination of exemption, and based on its own independent judgement, recommends that the City Council concur in the staff determination of exemptions.

SECTION 4. APPROVAL OF APPLICATION FOR CANNABIS – CONDITIONAL USE PERMIT CASE PLN 24-0107
Based on the foregoing, the City Council of the City of Banning hereby approves Cannabis Conditional Use Permit, Case PLN 24-0107, consistent with the approved plans on file with the Community Development Department and subject to the recommended Conditions of Approval attached hereto as Exhibit A.

SECTION 5. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 14th day of October, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Sandra Calderon, Acting Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
__________________________
John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
718
Resolution 2025-135

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-135 was duly adopted by the planning Commission of the City of Banning, California, at a regular meeting thereof held on October 14, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting
Administrative Clerk City of Banning,
California
719
Resolution 2025-135

EXHIBIT A
Conditions of Approval
720
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 PROJECT: Cannabis - Conditional Use Permit PLN 24-0107
SUBJECT: Conditions of Approval (City Council Resolution 2025-135) LOCATION: 200 John Street, Banning, CA
PROPERTY OWNER: Flower Dept., LLC
BUSINESS OWNERS: Antonio Simeone, Kenneth R. Brymer (Flower Dept., LLC) PROJECT APPLICANTS: Ricardo Alcantara and Laura Leindecker PROJECT PRINCIPALS: Property Owner, Business Owners, and/or Project Applicants

EXHIBIT A
City Council Resolution 2025-135
*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.

Planning Division:

1. The operation of a commercial indoor cannabis cultivation facility under Cannabis - Conditional Use Permit (CUP) PLN 24-0107 (“Project”) shall be in compliance with all federal, state, County and City laws, codes, regulations, and standards.

2. The Property Owner, Business Owners, and/or Project Applicants (collectively “Project Principals”) 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 Project Principals 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 Project Principals of any Actions brought and City shall cooperate with Project Principals in the defense of the Actions.

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

4. The Project permitted under Cannabis – CUP PLN 24-0107 shall commence operation within two (2) years from the date of this approval. The Community Development Director may, upon 721
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 2 a written application being filed 30 days prior to expiration and for good cause, grant a onetime extension not to exceed 12 months (BMC 17.52.090). Upon granting of an extension, the Community Development Director shall ensure that the Cannabis – CUP complies with all current provisions of BMC Title 17.

5. A copy of the signed Resolution of approval and these Conditions of Approval imposed on Cannabis - CUP PLN 24-0107 shall be reproduced in legible form on the improvement plans and construction plans submitted for review and approval as required by the reviewing department.

6. Prior to any occupancy/use of the project site, or business activity being commenced thereon, the Project Principals shall complete these Conditions of Approval to the satisfaction of the Community Development Director.

7. The Project Principals shall comply with all applicable provisions of the Banning Municipal Code (BMC), including but not limited to Chapter 17.53 (Cannabis - Conditional Use Permits), Title 17 (Zoning), and Chapter 5.35 (Cannabis Regulatory Permits), and all other applicable state and local laws.

8. The Project Principals shall obtain and maintain the following permits/licenses prior to commencement of operations and throughout the life of the cannabis business:
a. A valid Cannabis - Conditional Use Permit approved by the City Council. b. A valid Cannabis Regulatory Permit issued jointly by the City Manager and Chief of Police (BMC 17.53.020(B)(3)).
c. A valid California state cannabis cultivation license (Department of Cannabis Control). d. A valid City of Banning business license.

9. Any material change, alteration, or modification to the premises or operation from what is approved herein shall require an amendment to this Cannabis - CUP, consistent with BMC

17.53.080(J).

10. The Project Principals shall be subject to inspection by City staff and law enforcement with 24 hours’ notice to ensure compliance with this approved CUP and applicable laws (BMC

17.53.080(L).

11. All commercial cannabis activity shall be conducted entirely within enclosed structures. No outdoor cultivation or storage of cannabis or related materials shall be permitted (BMC

17.53.080(A)).

12. The cannabis business shall not be located within 600 feet of any existing school (K–12), park, youth center, or day care center, as measured in a straight-line horizontal distance between property lines (BMC 17.53.080(B)).

13. The property shall be fully compliant with all applicable zoning and development standards, including but not limited to parking, landscaping, lighting, and screening requirements (BMC

17.53.080(E)).

14. Loading and unloading areas shall be located at the side or rear of the site and shall be screened by a solid, decorative wall (BMC 17.53.080(C). The Project Principals shall submit to City staff for approval construction drawings on the type of screening prior to installation. 722
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 3

15. The hours of operation (6 AM – 10 PM daily) shall be limited to those approved through this CUP and shall not be changed without prior City approval (BMC 17.53.080(D)).

16. The Project Principals shall retain or contract for 24-hour on-site security personnel, in compliance with BMC 17.53.100(D).

17. A digital video surveillance system shall be installed and maintained as specified in BMC

17.53.100(E), including:
a. 24/7 operation at a minimum resolution of 1280 x 720 pixels and 15 frames per second. b. Coverage of all entrances, exits, loading areas, and areas where cannabis is processed, stored, or destroyed.
c. Minimum 90-day storage of footage with offsite backup or cloud capability. d. Remote access, tamper protection, and battery backup.

18. An audible interior and exterior alarm system monitored by a licensed security company shall be installed and maintained in accordance with BMC 17.53.100(F).

19. All points of ingress/egress shall be equipped with commercial-grade locks (BMC

17.53.100(C)).

20. All cannabis and cannabis products shall be stored securely, in locked areas only accessible to authorized staff (BMC 17.53.100(G)).

21. Exterior and interior lighting shall comply with the approved Lighting Plan and BMC

17.53.100(H) and shall provide minimum illumination necessary for security while avoiding light trespass on adjacent properties.

22. Business signage shall be limited to the name of the cannabis only, and shall contain no advertising or any companies, brands, products, goods, or services, and comply with BMC

17.53.120 and shall include at a minimum:
a. “This site is not open to the public”
b. “Retail sales of any goods and services are prohibited” c. “All Activities Monitored by Video Camera”
d. “Limited Access Area – Authorized Personnel Only”
e. “Smoking, vaporizing, ingesting, or otherwise consuming cannabis on these premises or in the vicinity is prohibited and a violation of the Banning Municipal Code” f. List the contact phone number and email of the business Community Relations Representative identified in Condition #31 below.

23. All employees, agents, officers, and volunteers of the cannabis business shall be at least 21 years of age, wear visible City-compliant ID badges, and be listed on the premises worker list (BMC 17.53.090(A)–(B)).

24. The cannabis business shall not be open to the general public. Any visitors to the cannabis business facility shall:
a. Be at least 21 years of age
b. Present valid government-issued ID
c. Sign the visitor log, including their name, date of entry, and purpose of entry. d. Be escorted at all times
e. Shall not engage in any commercial cannabis activity (BMC 17.53.090(C)) 723
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 4

25. The Project Principals and/or business manager shall be on site any time anyone other than security personnel is present (BMC 17.53.090(C)(4)).

26. The facility shall install and maintain a ventilation and filtration system compliant with the California Building Code and approved by the City Building Official that prevents odors from exiting the building (BMC 17.53.150). The Project Principals shall install industry-standard carbon filters including double filtration measures to mitigate odor leaks and ensure odor containment. Prior to occupancy, the Applicant shall seal all gaps, holes and penetrations in the exterior walls to the satisfaction of the Building Official or designee. New interior walls and ceilings shall be constructed for each of the rooms where odor control is necessary, including but not limited to cultivation, drying and trimming rooms. The new walls and ceilings shall provide a continuous air barrier around these spaces so as to contain odors, in addition to the required filtration systems.

27. Cannabis waste disposal shall comply with BMC 17.53.130, including:
a. Chemical, dangerous, or hazardous wase, such as pesticides, solvents, and other chemicals, shall be disposed of consistent with federal, state, and local laws. b. Cannabis waste must be rendered unusable and unrecognizable. c. Waste must be stored in locked, secure trash receptacles and enclosures accessible only to authorized personnel or licensed haulers.

28. The premises and cannabis activities shall be maintained and conducted in a sanitary condition and shall have adequate access to bathrooms and hand-washing stations (BMC

17.53.140).

29. The business shall comply with the California Cannabis Track and Trace system required by Section 26067 of the Business and Professions Code utilizing seed-to-sale software capable of real-time inventory tracking and manifest generation (BMC 17.53.160(B)).

30. The Project Principals and/or business manager shall make all records and systems available to the City upon request, including surveillance footage, personnel records, and inventory logs. The Project Principals and/or business manager shall endeavor to recruit and hire locally, and annually report employee residency data, including number persons employed from City of Banning and San Gorgonio Region.

31. The Project Principals shall designate a Community Relations Representative, staff member, or other representative whose contact information shall be provided to the City and all adjacent properties within 150-foot radius of the site. This person shall be the primary contact for complaints or concerns and shall become the designated person to receive and respond to operational matters (BMC 17.53.040(G)).

32. Prior to receiving a City of Banning, Building Permit for the building and cannabis business, the property owner shall have an access easement approved by the City of Banning, Public Works Department and recorded onto the property. The agreement shall allow the development of a 40’ wide access easement with a 24-foot-wide driveway off Galleher Way northward to the Project site compliant with the Public Works Street conditions below.

33. The Project Principals and/or business manager shall provide the City, on a quarterly basis, a written report disclosing odor control, cannabis operation and community complaints received. The Project Principals shall designate a Community Relations Representative to 724
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 5 address project issues described in Condition of Approval #31 above.

34. The Project Principals and/or business manager shall respond to odor or other operational complaints within 48 hours of receipt of a complaint. Documentation and details of such complaints shall be included in the required quarterly reports in Condition of Approval #33 above. Should the City receive three (3) complaints within a 90-day period, the City may initiate a compliance review, require updates to the odor abatement plan, or modification of this Cannabis - CUP at a public hearing.

35. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions.

Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed on the premises. All commercial cannabis activity shall be separated from the main entrance and lobby, and cannabis and cannabis products shall be secured by a lock accessible only to managers and staff of the permittee (BMC 17.53.080(H-I). The canopy area shall be a minimum of 10,000 square feet (but not more than 22,000 square feet) and may include stacked canopy systems to comply with BMC 5.35.050.

Building Division:

36. The proposed structure shall be designed per the current adopted building codes, which is currently 2022 California Building Code.

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

38. Clearly identify the distance from all property lines to the proposed buildings.

39. 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).

40. 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).

41. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits, and access to normal paths of travel, and where necessary to provide access. Paths of travel shall incorporate landings, sidewalks, pedestrian ramps, curb ramps, etc. The accessible route of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking and the accessibility entrance to the site.

Where more than one route is provided, all routes must be accessible. (CBC Section 11B206.2.1).

42. Please comply with California Green Building Standards Code Section 5.106.5.3 for required and future readily available EV Charging Stations. Also note there is a % of the EV charging stations that are required to be accessible and need to be on an accessible route. (CBC Section 11B-403.5.1).

43. Footings for CMU screen walls shall not be beyond the property lines.

44. The drawing plans and conditions shall be per the 2022 CBC.

45. Clearly identify distances to property lines on the site plan. 725
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 6

46. Provide an accessible path of travel from the street to the primary entrance. 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 plans.

Electric Utility:

47. A new Service Questionnaire will be required to determine the electrical demand of the project and to ensure the City of Banning Electric Utility (“BEU”) can provide safe and reliable service to the project. The Project Applicant shall submit a new Service Questionnaire and receive approval from the Public Works Department of required changes and upsizing of the electrical system prior to building permit issuance.

48. The Project Applicant shall be required to submit for panel upgrade/replacement a permit for proposed new 1200A service. A separate permit is required via SmartGOV.

49. BEU Plan Review Fee to be paid. The Project Applicant shall pay the BEU Plan Review Fee prior to receiving approval of a Cannabis – CUP.

Fire Division:

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

50. 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.

51. 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.

52. 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. The minimum required turning radius of a fire apparatus access road is 45 feet outside 726
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 7 radius and 20 feet inside radius. 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. a. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage, shall comply with RVC Guideline OFM-01A.

53. 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 24 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 124 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 OFM1A.

54. 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.

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

56. 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.

57. Cannabis Facilities - Deferred submittals shall be required for Carbon Dioxide Gas Enrichments Systems and Plant Processing/Extraction Systems. Reference CFC as amended per Riverside County Fire Department Policies and Standards.

58. 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.

59. 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.

60. 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. 727
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 8

61. 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.
728
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 9 Public Works Department:

The Department of Public Works provides the Conditions of Approval listed herein for the abovementioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Engineering Division at (951) 922-3130 for compliance with the following conditions.

General Conditions
COA # Condition of Approval Completion
Milestone Status
PW.General.01
The subject property shall substantially conform to the approved Conditional Use Permit. 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.

Informational
PW.General.02
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.03
All applicable mitigation measures specified in the
approved Technical Studies shall be incorporated as
conditions of approval for this project and shall be
addressed to the satisfaction of the Public Works
Director and City Engineer.

Informational
PW.General.04
The applicant shall comply with the approved site plan, the preliminary grading plan, and other relevant
documents approved during project entitlement. Any
significant omission to the representation of the site
conditions may require the plans to be resubmitted for
further review and revision.

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

Informational
PW.General.06
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.07
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.08
All future utility systems including gas, electric,
telephone, water, sewer, and cable TV, shall be
provided for underground, with easements provided as
required, and designed and constructed in accordance
with City codes and the utility provider. Telephone,
cable TV, and/or security systems shall be pre-wired.

Informational
729
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 10 COA # Condition of Approval Completion
Milestone Status
PW.General.09
Any existing public improvements, or public
improvements not accepted by the City that are
damaged during construction shall be removed and
replaced as determined by the City Engineer or his/her
representative.

Informational
PW.General.10
All precautions shall be taken to prevent washouts,
undermining and subsurface ponding, caused by rain or
runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load
tests, etc. or any combination thereof for any such
structure that was damaged or appears to have been
damaged. All of the additional work, testing, etc., shall be at the expense of the Applicant.

Informational
PW.General.11
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
Reports, Agreements and Certifications:

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.

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

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.

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.

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

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

All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.
730
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 11 Permit Type Plan Set Scale Notes
Grading Precise Grading Plan 1" = 20'
Erosion and Sediment
Control
1" = 40'
Shall be included
with any grading
plan
Encroachment Street Improvements
1" = 40' Horiz/ 1" = 4'
Vertical
Potable Water Plan
1" = 40' Horiz/ 1" = 4'
Vertical
Sewer Plan
1" = 40' Horiz/ 1" = 4'
Vertical
Survey Easement Dedications
Record of Survey If necessary
Technical Geotechnical Report
For pavement
sections
Studies
Permits and Permission to Grade
Agreements
Mapping/Survey:

COA # Condition of Approval Completion
Milestone Status
PW.Map.01
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 rightof-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.02
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
731
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 12 COA # Condition of Approval Completion
Milestone Status
PW.Map.03
All public facilities including sewer, water, reclaimed water and drainage shall be located in a public right of way or public utility easement. All easements shall meet minimum width and access requirements as mandated by the City or governing agency.

Informational
PW.Map.04
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.05
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.06
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
RCFCD or unless such easements do not conflict with the City’s or RCFCD’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.07
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 Issuance
of any
Construction
Permit
PW.Map.08
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 Issuance
of any
Construction
Permit
PW.Map.09
The applicant shall dedicate right-of-way along Galleher Way to provide for a standard 10' parkway, and necessary right of way to permit for a City of Banning standard
Commercial Driveway to be constructed.

Prior to Issuance
of any
Construction
Permit
PW.Map.10
Legal descriptions and plans of street dedication shall be provided to the Engineering Division for review and
approval before acceptance by the City Council and
recorded by the County of Riverside.

Prior to Issuance
of any
Construction
Permit
732
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 13 Grading:

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 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 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.05 Detailed grading plans shall be prepared and approved by the City prior to any on-site grading for the project.

Prior to Issuance
of a Grading
Permit
PW.Grade.06
Prepare an erosion control plan that provides the
developed phases with the required flood protection.

Flood protection shall be determined by the size of the undeveloped areas and the flow patterns.

Prior to Issuance
of a Grading
Permit
PW.Grade.07
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
733
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 14 COA # Condition of Approval Completion
Milestone Status
PW.Grade.08
For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that
encompasses more than one (1) acre of land, the
applicant shall be required to submit a Storm Water
Pollution Protection Plan (SWPPP) and file a Notice of
Intent (NOI) with the Regional Water Quality Control
Board (RWQCB). The applicant shall provide proof that
the SWPPP has been approved by the RWQCB prior to
issuance of any permits. The applicant shall ensure that the required SWPPP is available for inspection at the
project site at all times through and including acceptance of all improvements by the City. The applicant’s SWPPP
shall include provisions for all of the following Best
Management Practices (“BMPs”):
• Temporary Soil Stabilization (erosion control).
• Temporary Sediment Control.
• Wind Erosion Control.
• Tracking Control.
• Non-Storm Water Management.
• Waste Management and Materials Pollution Control.

All erosion and sediment control BMPs proposed by the
applicant shall be designed using the CASQA BMP
handbook and approved by the City Engineer prior to
any onsite or offsite grading, pursuant to this project.

The approved SWPPP and BMPs shall remain in effect
for the entire duration of project construction until all improvements are completed and accepted by the City.

Prior to Issuance
of a Grading
Permit
N/A,
under one
acre
disturbed
?
PW.Grade.09
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
PW.Grade.10
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 Grading
Permit
PW.Grade.11
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, draiange devices, and other items shown in conformance with the approved
Precise Grading Plan.

Prior to Certificate
of Occupancy
734
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 15 Stormwater/Water Quality:

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
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.

Prior to the
Issuance of a
Grading Permit
PW.Storm.03
The applicant shall identify and include in its
improvement plans structural and non-structural Best
Management Practices (BMP’s) as outlined in these
Conditions of Approval.

Prior to the
Issuance of a
Grading Permit
PW.Storm.04
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.05
The applicant shall provide their SIC code to the
Engineering Division to determine if a SWRCB issued
Industrial General Permit will be required.

Prior to
Occupancy
PW.Storm.06
A NPDES/Industrial Waste Inspection performed by the
Public Works Dept. will be required and the Fee paid for prior to the issuance of the Certificate of Occupancy.

Prior to
Occupancy
735
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 16 COA # Condition of Approval Completion
Milestone Status
PW.Storm.07
Ensure that Good Housekeeping Best Management
Practices, described in the CASQA BMP Handbook
(erosion, sediment, and trash controls) are used during construction and on a regular basis once operational, to prevent potential pollutants from entering the storm drain system to meet NPDES requirements. Once operational,
Source Control good housekeeping BMPs include;
- SC-11, Spill Prevention, Control and Cleanup
(including a SPCC Plan)
- SC-43 Parking Area Maintenance
- SC-60, Housekeeping Practices
There shall be no outdoor storage of materials, and the good housekeeping BMPs shall be met.

Violation these requirements may lead to the CUP being
revoked.

Prior to
Occupancy
Streets and Traffic:

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
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.03
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.04
Applicant’s geotechnical engineer shall provide the
design of the pavement section and field measured “RValues” based upon the Caltrans Method.Informational PW.Street.05
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.06
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.07 A minimum width of 20 feet for a paved or all weather emergency access.

Informational
736
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 17 COA # Condition of Approval Completion
Milestone Status
PW.Street.08
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.09
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.10 ADA Ramps shall comply with City of Banning Standards and PROWAG guidelines, whichever is stricter. Informational PW.Street.11
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.12 Commercial/Industrial driveway grades shall not exceed eight percent unless approved by the City Engineer. Informational PW.Street.13
Galleher Way: Construct parkway improvements for
LOCAL COLLECTOR roadway per City of Banning
Standard ST-100 including the following: Driveways,
Sidewalk, Parkway Landscaping
Informational
PW.Street.14
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 the
Issuance of an
Encroachment
Permit
PW Street 15
Applicant shall prepare improvement plans for review from the Public Works Department for construction of
remaining parkway improvements.

Prior to the
Issuance of an
Encroachment
Permit
PW.Street.16
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.17
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
PW.Street.18
Applicant shall make pavement repairs necessary to
mitigate the impacts of project construction traffic on all affected existing streets.

Prior to Release
of Surety
737
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 18 Solid Waste/Refuse:

COA # Condition of Approval Completion
Milestone Status
PW.Refuse.01
Effective January 1, 2022, all businesses shall
subscribe to City’s three-container (trash, recycling,
organics), Collection Services per Banning Municipal
Code, Title 8.28, “Garbage Collection and Disposal”
unless a City approved exemption is granted.

Information on the program is available on the City of
Banning website and made available at the following
link:
https://library.municode.com/ca/banning/codes/code_o
f_ordinances.

Informational
PW.Refuse.02
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.03
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.04
Applicants are encouraged to review the referenced
sections in the 2022 California Green Building
Standard
Code:https://calgreenenergyservices.com/wp/wpcontent/uploads/2019_california_green_code.pdf Informational
PW.Refuse.05
Cannabis waste material shall be handled separate of
solid waste collection services (trash, recyclable,
organics) unless alternative disposal method approved
by the State or Federal government.

Informational
PW.Refuse.06
Cannabis waste material shall be housed in a locking
enclosure that is not accessible to unauthorized
individuals including the public.

Informational
PW.Refuse.07
Facilities shall implement an approved plan with the
Department of Cannabis or State/Federal approve
department.

Informational
PW.Refuse.08
The developer shall participate in the City’s recycling and diversion programs by providing a solid waste
enclosure to accommodate necessary solid waste
containers. Trash enclosure must meet City of
Banning Trash Enclosure guidelines.

Prior to
Building Permit
PW.Refuse.09
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.10
Properties that are being renovated and that do not
have an existing solid waste enclosure must identify a
suitable location and include a solid waste enclosure
to house trash, recycling and organics bins and/or
containers with the renovation plan submittal.

Prior to
Building Permit
PW.Refuse.11 Solid waste enclosures shall be located on the site to be serviced.

Prior to
Building Permit
738
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 19 COA # Condition of Approval Completion
Milestone Status
PW.Refuse.12
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.13
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
PW.Refuse.14
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.15
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 Environmental
Program Coordinator at [email protected] or
951.922.3193 for further details and to obtain a report form template.

Prior to
Certificate of
Occupancy
Potable Water:

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 submit a utility plan, 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.05
Applicant shall install a fire service with 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.06
Applicant shall provide a detailed hydraulic analysis report to justify meter sizing and demonstrate adequate
pressures throughout the project’s water system during
max day demand (MDD) with fire flow conditions to the
satisfaction of the City Engineer.

Informational
739
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 20 COA # Condition of Approval Completion
Milestone Status
PW.Wat.07
Applicant shall install a backflow device on all commonarea buildings and at each irrigation water connection.

The backflow device must be in compliance with City of
Banning standards and specifications.

Informational
PW.Wat.08
All water mains shall be looped whenever feasible, and
dead-end water mains shall be provided with fire hydrants and auto-flush systems that delineates to the storm drain.

Informational
PW.Wat.09
A water improvement plan shall be submitted showing the water lateral size and location within the public right of way.

Prior to
Encroachment
Permit
PW.Wat.10
Applicant shall make pipeline repairs necessary as
identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to
Certificate of
Occupancy
PW.Wat.11
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
Certificate of
Occupancy
Sewer:

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
Applicant shall fill out and submit an Industrial User Survey form and comply with the City's FOG/Industrial Waste
Program.

Prior to
Encroachment
Permit
PW.Sew.04 Each property shall have its own sewer lateral and shall be PVC SDR 26. Informational
PW.Sew.05
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.06
A sewer improvement plan shall be submitted showing the sewer lateral size and location within the public right of way.

Prior to
Encroachment
Permit
PW.Sew.07
Applicant shall make pipeline repairs necessary as
identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to
Certificate of
Occupancy
PW.Sew.08
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
Certificate of
Occupancy
740
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 21 Fees:

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.

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.

Prior to Building
Final/C of O
PW.Fees.09 Traffic Impact fees shall be paid in accordance with the fee schedule in effect at that time.

Prior to Building
Final/C of O
** END**
741
GALLEHER WAY.

BANNING
CITY
YARD
600-FOOT OUTLINE
600-FOOT OUTLINE 600-FOOT OUTLINE 600-FOOT OUTLINE

BANNING
CITY
STREET

DIVISION

STATEWIDE

TOWING &

RECOVERY

PERFORMANCE
METERS

GARCIA'S TIRE &

TRUCK TRAILER
REPAIR

PROJECT
SITE
JOHN ST.

E LINCOLN ST. S SAN GORGONIO AVE. BRYANT ST.

INTERSTATE 10
E LIVINGSTON ST.

SEVEN STAR

FOOD STORE

BANNING

USD, M& O

BELOVAC
J & C

RECYCLING
SOCAL
EDISON

SUBSTATION

RAILROAD N
600' RADIUS MAP (NEIGHBORHOOD CONTEXT MAP) 1"=50'-0" 1 200 JOHN ST. BANNING, CA 92220 CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Jul/31/2025 5:53 PM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 12:31 PM w:\projects\one-off\banning 200 john st\design\cup\a0.1 radius map.dwg 600' RADIUS MAP (NEIGHBORHOOD CONTEXT MAP)
A0.1
742

NO PARKING PARKING NO

NEW ELECTRICAL

SWITCHGEAR

EXISTING GAS

METER TO REMAIN

EXISTING FIRE HYDRANT

TO REMAIN

NEW EV VAN

ACCESSIBLE

PARKING STALL

NEW VAN

ACCESSIBLE

PARKING STALL

NEW ACCESSIBLE

LOADING ZONE
NEW 8'-0" X 40'-0"

STORAGE

CONTAINER FOR

WATER TANK

NEW PARKING
LOT LIGHT (TYP.)

EXISTING

PERMEABLE

SURFACE TO

REMAIN UNPAVED

NEW LANDSCAPE

EXISTING

PROPERTY LINE

EXISTING

PROPERTY LINE

NEW ACCESSIBLE

LOADING ZONE
NEW PARKING (TYP.)
NEW WHEEL STOP (TYP.)

NEW WALL MOUNTED
SECURITY LIGHT FIXTURE @ 17'-0"
(TYP.)

NEW LANDSCAPE

NEW LANDSCAPE
NEW PARKING (TYP.) EXISTING CONCRETE

PAD TO REMAIN
EXISTING 500 KVA

TRANSFORMER

NEW ACCESSIBLE

CURB RAMP PER

CBC STANDARDS

LOADING /

UNLOADING DOOR

EXISTING

PROPERTY LINE

NEW BUILDING

SIDEWALK

NEW PASSENGER

LOADING ZONE

EXISTING

PERMEABLE

SURFACE TO

REMAIN UNPAVED
EXISTING 1" WATER

LINE TO REMAIN

EXISTING

PERMEABLE

SURFACE TO

REMAIN UNPAVED

NEW EMERGENCY

ACCESS SLIDING GATE
(FOR FIRE DEPT.

ACCESS ONLY)

HAMMERHEAD PER

RIVERSIDE COUNTY FIRE
DEPT. GUIDELINE OFM-01A

NEW BIKE RACK

NEW EV CHARGING

STATION

NEW KNOX BOX

NEW ENTRY/EXIT
GATE
NEW 5-TON

CONDENSER UNIT
(TYP.)
NEW 5-TON

CONDENSER UNIT
(TYP.)
NEW 5-TON CONDENSER UNIT (TYP.)
NEW CO2 TANK

NEW VEHICULAR

ACCESS DRIVEWAY

NEW DRIVEWAY TO

COMPLY WITH CITY

OF BANNING

STANDARDS

NEW ACCESSIBLE PATH OF TRAVEL

NEW PARKING
(TYP.)
386'-10" PROPERTY LINE 12'-5" PL 165'-11" PROPERTY LINE 252'-2" PROPERTY LINE 110'-1" PROPERTY LINE

EXISTING UTILITY

POLE TO REMAIN

EXISTING FENCE

LINE TO REMAIN
NEW

FREIGHT/EQUIPMENT

LOADING ZONE

NEW ACCESSIBLE

CURB RAMP PER

CBC STANDARDS

NEW TRASH

ENCLOSURE

MAIN ENTRY DOOR
8'-0" 9'-0"
25'-0"
9'-0" TYP.
20'-0" 29'-0" 25'-0" 45'-0" 9'-0" TYP.
18'-0" 18'-0" 9'-0" TYP.
20'-0" 11'-0"
20'-0" 15'-0"

ACCESSIBLE PATH
OF TRAVEL 9'-0" 8'-0" 4'-0"
18'-0" 18'-0"
25'-0"

NEW FENCE PER

CITY OF BANNING

STANDARDS
EXISTING 8"
WATER LINE 4 4 1 2

PROPOSED

PROJECT
8,041 SF

EXISTING FIRE

HYDRANT TO
REMAIN
29'-6"
44'-812"

RED CURBING PER
CVC 22500 N
SITE PLAN 1/16"=1'-0" 1

VICINITY MAP
ADDRESS: 200 JOHN ST.

BANNING, CA 92220
APN: 541-220-006
BUILDING SF: 8,041-SF
CONSTRUCTION TYPE: TYPE V-B
OCCUPANCY GROUP: (F-1) INDUSTRIAL

PROJECT INFORMATION
ZONING: INDUSTRIAL
BUILDING COVERAGE: 32% EXISTING COVERAGE
TOTAL LOT SF: 26,576 S.F.

OCCUPANCY LOAD: 27 OCCUPANTS 200 JOHN ST. BANNING, CA 92220 CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Oct/6/2025 11:43 AM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 12:31 PM w:\projects\one-off\banning 200 john st\design\cup\a1.0 site plan.dwg SITE PLAN
A1.0
LEGEND

NEW LANDSCAPE

1. NO SEED PRODUCTION TO TAKE PLACE AT SITE.

2. NO WATER CROSSINGS AT SITE.

3. NO PRIVATE ROADS AT PROJECT SITE. ONLY PUBLIC ROADS SHOWN.

4. UNCOVERED STORAGE OF EQUIPMENT AND MATERIALS OUTDOORS IS PROHIBITED.

5. RESTRICTED ACCESS FROM NORTH SIDE OF PROPERTY. FOR FIRE DEPT.

USE ONLY.

6. THE WATER SERVICE BEHIND THE EXISTING METER AND SEWER

LATERAL ARE PRIVATE FACILITIES OWNED AND MAINTAINED BY THE PRIVATE PROPERTY OWNER.

NOTES A A A A - SIGNAGE - FIRE SPRINKLER - CO2 ENRICHMENT - ALARM/WATER FLOW MONITORING - HAZARDOUS MATERIAL INVENTORY STATEMENT *NOTE:

1. ALL DEFERRED SUBMITTAL ITEMS MUST BE SUBMITTED FOR PLAN REVIEW AND APPROVAL BEFORE INSTALLATION.

2. DEFERRED SUBMITTALS SHALL BE REVIEWED BY ARCHITECT OR ENGINEER OF RECORD PRIOR TO SUBMITTAL TO THE BUILDING OFFICIAL.

3. HAZARDOUS MATERIAL DOCUMENTS FOR REFERENCE ONLY.

DEFERRED/SEPARATE SUBMITTALS B
LOT SIZE: 26,576 SF
LOT WIDTH: 386'-10" (70'-0" MIN)
LOT DEPTH: 110'-1" (100'-0" MIN)
SETBACKS: FRONT: 10'-0"
SIDE: 0'-0"
REAR: 0'-0"
STREET SIDE: 10'-0"
BUILDING COVERAGE: 32% (60% MAX)
AREA TO BE DEVELOPED: 23,872 SF
BUILDING HEIGHT: 1 STORY, 25'-0"
PERIMETER WALL HEIGHT: 6'-0" (ALL SIDES)
TRASH ENCLOSURE: 6'-0" (SCREENED) B

EXTENT OF THE NEW EASEMENT FOR ACCESS,

UTILITIES AND DRAINAGE
743

NO PARKING PARKING NO

EXISTING FIRE HYDRANT

TO REMAIN

HAMMERHEAD PER

RIVERSIDE COUNTY FIRE
DEPT. GUIDELINE OFM-01A

APPROVED RIVERSIDE
COUNTY FIRE DEPT.

KNOX BOX 110'-1" PROPERTY LINE
20'-0" 25'-0" 29'-0" 25'-0" 45'-0"

PROPOSED

PROJECT
8,041 SF
74'-0"

EXISTING FIRE

HYDRANT TO
REMAIN
HOSE PULL DISTANCE: 180'-0" HOSE PULL DISTANCE: 280'-0" PROPOSED FIRE RISER.

UNDER SEPARATE PERMIT
"FIRE LANE - NO PARKING" SIGN
PER OFM-01A STANDARDS

APPROVED RIVERSIDE
COUNTY FIRE DEPT.

KNOX BOX

APPROVED RIVERSIDE
COUNTY FIRE DEPT.

KNOX BOX N
SITE PLAN (FIRE ACCESS) 1/16"=1'-0" 1
VICINITY MAP 200 JOHN ST. BANNING, CA 92220
CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Oct/6/2025 5:02 PM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 5:03 PM w:\projects\one-off\banning 200 john st\design\cup\a1.0 site plan.dwg

SITE PLAN (FIRE ACCESS)
A1.1
LEGEND

NEW LANDSCAPE A

FIRE DEPARTMENT ACCESS (HAMMERHEAD)

FIRE LANE ENTRANCE SIGNAGE
30”
18”
NOTICE

NO PARKING IN

AREAS MARKED AS

VIOLATING VEHICLES

WILL BE CITED

OR TOWED AT
OWNER’S EXPENSE

LAW ENFORCEMENT (XXX)XXX-XXXX
TOWING COMPANY NAME & PHONE #
CVC 22658(a) CVC 22500.1
1-3/8" BOLD RED

LETTERING ON

WHITE REFLECTIVE

BACKGROUND
2-3/4" BOLD WHITE

REFLECTIVE

LETTERING ON RED

BACKGROUND
1-3/8" BOLD RED

LETTERING ON

WHITE REFLECTIVE

BACKGROUND
1" RED LETTERING

ON WHITE

REFLECTIVE

BACKGROUND
ALL SIGN AND LETTERING DIMENSIONS SHOWN ARE MINIMUMS. "ARIAL NARROW" FONT USED IS USED IN SAMPLE ABOVE THOUGH OTHER LEGIBLE SAN-SERIF FONTS MAY BE ACCEPTABLE.

THIS SIGN SHALL BE POSTED AT ALL VEHICLE ENTRANCES TO AREAS MARKED WITH EITHER RED CURB OR FIRE LAN "NO PARKING" SIGNS. SIGNS SHALL BE SECURELY MOUNTED FACING

THE DIRECTION OF TRAVEL AND CLEARLY VISIBLE TO ONCOMING TRAFFIC ENTERING THE DESIGNATED AREA. SIGNS SHALL BE MADE OF DURABLE MATERIAL AND INSTALLED PER ATTACHMENTS 13 AND 14 IN GUIDELINE OFM-01A.

TOWING COMPANY CONTACT INFORMATION IS REQUIRED FOR ALL PROPERTIES WITH A

STANDING WRITTEN AGREEMENT FOR SERVICES WITH A TOWING COMPANY PER THE CALIFORNIA VEHICLE CODE.

EASEMENT DOCUMENT C C
744
WASHER

AND DRYER
+30"x48" CLR.
105
FLOWER ROOM #1
1,734 SF CANOPY

TRIPLE STACKED
883 SF
100

HALLWAY
1,231 SF
101

RESTROOM

ACCESSIBLE
UNISEX
58 SF
103
DRYROOM #1
268 SF
104
DRYROOM #2
228 SF
106
FLOWER ROOM #2
1,734 SF CANOPY

TRIPLE STACKED
883 SF
107
FLOWER ROOM #3
1,734 SF CANOPY

TRIPLE STACKED
883 SF
108
FLOWER ROOM #4
1,734 SF CANOPY

TRIPLE STACKED
883 SF
109
FLOWER ROOM #5
1,734 SF CANOPY

TRIPLE STACKED
883 SF
110
FLOWER ROOM #6
1,734 SF CANOPY

TRIPLE STACKED
883 SF
111
OFFICE #1
58 SF
23'-0"
5'-0" x 34'-0" 4'-0" x 34'-0"
23'-0" 23'-0" 23'-0" 23'-0" 23'-0"
8'-3"
8'-3" 38'-4
1 2" 8'-6
1 2"
7'-3"
8'-3" 7'-0" 7'-0" 32'-5" 27'-8"
1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP 1'-0" 4'-0" 1'-0" 4'-0" 4'-0" 1'-0" 1'-0" 4'-0" 4'-0" 1'-0" 1'-0" 4'-0" 4'-1 1 2" 4'-1
1 2" 4'-1
1 2" 4'-1
1 2" 4'-1
1 2" 4'-1
1 2" 8'-0" 4'-6"
1 1 1 1 1 1 1 1
1 1
1 1 1 1 1 1 1
1 1'-0" CLR.
2 2 2 2 2 2
2 2
2 2
2 2
2 1 1
3 3
4 4 4 4 4 4
5 5 5 5 5 5
6 7 7 7 7 7 7
8 8
CO2 TANK
1,000 GAL. WATER TANK
4 11
12 TYP.
11 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 12 TYP.
4 4 4 4 4
10 9
12 TYP.
12 TYP. ESYDOX DAB PUMP
5 12
13 13 13 ESYDOX DAB PUMP
5 ESYDOX DAB PUMP5 ESYDOX DAB PUMP5 ESYDOX DAB PUMP5
13 102

SECURED STORAGE
58 SF
(LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS)
(LIMITED ACCESS)
ACCESS

CONTROLLED

ENTRANCE/ EXIT

LOADING/

UNLOADING DOOR
(LIMITED ACCESS)
ACCESS

CONTROLLED

ENTRANCE/ EXIT

LOBBY AREA
168 SF
MAIN

ENTRANCE
WASHER

AND DRYER
+30"x48" CLR. 100

HALLWAY
1,231 SF
101

RESTROOM

ACCESSIBLE
UNISEX
58 SF
102

SECURED STORAGE
58 SF
103
DRYROOM #1
268 SF
104
DRYROOM #2
228 SF
111
OFFICE #1
58 SF
1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP1,000 GAL. WATER TANK ESYDOX DAB PUMP PIR
360
DS EL
CR

DS EL DS EL DS EL
DS
EL
DS
EL
DS
EL
EL DS
EL DS
EL DS

DS EL EL DS
CR
CR CR
CR
CR
CR

CR CR CR CR
CR
18 16 13 12 9 8
17 15 14 11 10 7
PIR
360
PIR
360
PIR
360
PIR
360
PIR
360
PIR
360 PIR
360
PIR
360
PIR
360
5 3
6 4
1 19
2 20 21
105
FLOWER ROOM #1
1,734 SF CANOPY

TRIPLE STACKED
883 SF
106
FLOWER ROOM #2
1,734 SF CANOPY

TRIPLE STACKED
883 SF
107
FLOWER ROOM #3
1,734 SF CANOPY

TRIPLE STACKED
883 SF
108
FLOWER ROOM #4
1,734 SF CANOPY

TRIPLE STACKED
883 SF
109
FLOWER ROOM #5
1,734 SF CANOPY

TRIPLE STACKED
883 SF
110
FLOWER ROOM #6
1,734 SF CANOPY

TRIPLE STACKED
883 SF
CO2 TANK
1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK 1,000 GAL. WATER TANK ESYDOX DAB PUMP ESYDOX DAB PUMP ESYDOX DAB PUMP ESYDOX DAB PUMP ESYDOX DAB PUMP 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS)
ACCESS

CONTROLLED

ENTRANCE/ EXIT

LOADING/

UNLOADING DOOR
(LIMITED ACCESS)
ACCESS

CONTROLLED

ENTRANCE/ EXIT
MAIN

ENTRANCE

LOBBY AREA
168 SF
N
FLOOR PLAN 3/16"=1'-0" 1

KEYNOTES
1 2
3 4
5 6
7 8

EXISTING STEEL COLUMN TO REMAIN
NEW 1,000 GALLON WATER TANK

NEW STACKED WASHER AND DRYER

NEW DOOR
NEW ESYDOX DAB PUMP 200 JOHN ST. BANNING, CA 92220
CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606
D
G
ESI N | A R C H I T
EC T U
R E

H E S T I A A T E L I E R
2024-07-31 1ST CUP SUBMITTAL

H I D E N O R I

I W A G A M I
A
2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION

NEW PLUMBING FIXTURE

NEW CANNABIS GROW TABLES

CANOPY SIZE

ROOM NAME CANOPY
FLOWER ROOM #1 1,734 SF (TRIPLE STACK)
FLOWER ROOM #2 1,734 SF (TRIPLE STACK)
FLOWER ROOM #3 1,734 SF (TRIPLE STACK)
FLOWER ROOM #4 1,734 SF (TRIPLE STACK)
FLOWER ROOM #5 1,734 SF (TRIPLE STACK)
FLOWER ROOM #6 1,734 SF (TRIPLE STACK)
TOTAL: 10,404 SF Extra PC 2 Oct/6/2025 2:49 PM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 2:50 PM w:\projects\one-off\banning 200 john st\design\cup\a2.0 floor plan.dwg

FLOOR PLAN & SECURITY, FIRE LIFE & SAFETY PLAN
A2.0

NEW EXTERIOR WALL INFILL TO MATCH EXISTING
SECURITY, FIRE LIFE, & SAFETY PLAN 3/16"=1'-0" 2

PATH OF EGRESS
SECURITY CAMERA (21 TOTAL)
FIRE EXTINGUISHER (MIN. RATING: 3A:40B:C)

EMERGENCY LIGHT

ILLUMINATED EXIT SIGN WITH EMERGENCY LIGHT
PIR
360

CEILING MOUNT PIR MOTION DETECTOR
PB
DS
EL

PROXIMITY CARD READER

ELECTRONIC LOCKING DEVICE

PANIC/HOLD-UP BUTTON

DOOR CONTACT/SENSOR
CR
LEGEND

INTERIOR NON-STRUCTURAL WALL (DPS PANEL)
9 NEW 8'-0" X 40'-0" STORAGE CONTAINER FOR WATER TANKS
10 NEW CO2 TANK
11 NEW BUILDING SIDEWALK
12 NEW STACKABLE 5-TON AIR HANDLING UNIT
13 NEW CHASE FOR CONDENSING LINES
N

DPS WALL PANEL
C
C
745
105
FLOWER ROOM #1
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
100

HALLWAY
1,231 SF
102

SECURED STORAGE
58 SF
103
DRYROOM #1
268 SF
104
DRYROOM #2
228 SF
106
FLOWER ROOM #2
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
107
FLOWER ROOM #3
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
108
FLOWER ROOM #4
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
109
FLOWER ROOM #5
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
110
FLOWER ROOM #6
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
111
OFFICE #1
58 SF
5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 101

RESTROOM

ACCESSIBLE
UNISEX
58 SF

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25

44.8 X 43.25
5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" 5'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 4'-0" x 34'-0" 5'-0" x 34'-0" (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED

ACCESS)
(LIMITED ACCESS) (LIMITED ACCESS)
(LIMITED ACCESS)
N
LIGHTING PLAN 3/16"=1'-0" 1 200 JOHN ST. BANNING, CA 92220 CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606
D
G
ESI N | A R C H I T
EC T U
R E

H E S T I A A T E L I E R
2024-07-31 1ST CUP SUBMITTAL

H I D E N O R I

I W A G A M I
A
2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Oct/6/2025 11:48 AM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 2:25 PM w:\projects\one-off\banning 200 john st\design\cup\a3.0 reflected ceiling plan.dwg LIGHTING PLAN
A3.0
LEGEND

LIGHTING
GAVITA PRO RS 2400e LED
MAXIMUM WATTAGE: 800 W
FLOWER ROOM WATTAGE:

FLOWER ROOM #1 (DOUBLE STACK)
WATTS PER LIGHT: 800 W
NUMBER OF LIGHTS: 84 LIGHTS
SF OF PLANT AREA: 1,734 SF
WATTAGE/SF: 800 X 84 / 1,734 = 38.75
FLOWER ROOM #2
WATTS PER LIGHT: 1050 W
NUMBER OF LIGHTS: 96 LIGHTS
SF OF PLANT AREA: 1,734 SF
WATTAGE/SF: 1,050 X 96 / 1,734 = 58.1
FLOWER ROOM #3
WATTS PER LIGHT: 1050 W
NUMBER OF LIGHTS: 96 LIGHTS
SF OF PLANT AREA: 1,734 SF
WATTAGE/SF: 1,050 X 96 / 1,734 = 58.1
FLOWER ROOM #4
WATTS PER LIGHT: 1050 W
NUMBER OF LIGHTS: 96 LIGHTS
SF OF PLANT AREA: 1,734 SF
WATTAGE/SF: 1,050 X 96 / 1,734 = 58.1
FLOWER ROOM #5
WATTS PER LIGHT: 1050 W
NUMBER OF LIGHTS: 96 LIGHTS
SF OF PLANT AREA: 1,734 SF
WATTAGE/SF: 1,050 X 96 / 1,734 = 58.1
FLOWER ROOM #6
WATTS PER LIGHT: 1050 W
NUMBER OF LIGHTS: 96 LIGHTS
SF OF PLANT AREA: 1,734 SF
WATTAGE/SF: 1,050 X 96 / 1,734 = 58.1

INTERIOR NON-STRUCTURAL WALL
GAVITA PRO 1000 DE 277V
MAXIMUM WATTAGE: 1050 W
ORACLE LIGHTING 4-OC1-LED 5000 LUMEN
FLOWER ROOM #1 LIGHTING FIXTURE FLOWER ROOM #2-6 LIGHTING FIXTURE 746
105
FLOWER ROOM #1
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
100

HALLWAY
1,231 SF
102

SECURED STORAGE
58 SF
103
DRYROOM #1
268 SF
104
DRYROOM #2
228 SF
106
FLOWER ROOM #2
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
107
FLOWER ROOM #3
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
108
FLOWER ROOM #4
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
109
FLOWER ROOM #5
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
110
FLOWER ROOM #6
1,734 SF CANOPY (TRIPLE STACKED)
883 SF
111
OFFICE #1
58 SF
101

RESTROOM

ACCESSIBLE
UNISEX
58 SF
(LIMITED

ACCESS)
(LIMITED ACCESS) (LIMITED ACCESS)
(LIMITED ACCESS)
(LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS) (LIMITED ACCESS)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)
F1-1 F1-2 F1-3 D1
F1-4 F1-5 F1-6 D2
F1-7 F1-8 F1-9 H-1
F2-1 F2-2 F2-3
F2-4 F2-5 F2-6
F2-7 F2-8 F2-9
F3-1 F3-2 F3-3
F3-4 F3-5 F3-6
F3-7 F3-8 F3-9
F4-1 F4-2 F4-3
F4-4 F4-5 F4-6
F4-7 F4-8 F4-9
F6-1 F6-2 F6-3
F6-4 F6-5 F6-6
F6-7 F6-8 F6-9
F5-1 F5-2 F5-3
F5-4 F5-5 F5-6
F5-7 F5-8 F5-9 H-2

NEW STRUCTURAL

BEAM SUPPORTING

ABOVE CEILING
UNITS (TYP.)
N
ABOVE CEILING PLAN 3/16"=1'-0" 1 200 JOHN ST. BANNING, CA 92220 CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606
D
G
ESI N | A R C H I T

EC T U R E

H E S T I A A T E L I E R
2024-07-31 1ST CUP SUBMITTAL

H I D E N O R I

I W A G A M I
A
2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Oct/6/2025 11:48 AM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 2:25 PM w:\projects\one-off\banning 200 john st\design\cup\a3.0 reflected ceiling plan.dwg ABOVE CEILING PLAN
A3.1
LEGEND

ABOVE CEILING
CLEANLEAF CL2500D-CCP
2000 CFM

INTERIOR NON-STRUCTURAL WALL
5-TON FANCOIL UNIT

RETURN GRILL

ODOR CONTROL UNIT

SUPPLY GRILL
xx
C
747
EXTERIOR RENDERING KEY PLAN NTS 1 3 2 1 4 200 JOHN ST. BANNING, CA 92220 CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Jul/31/2025 5:53 PM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 2:26 PM w:\projects\one-off\banning 200 john st\design\site design\a4.0 - exterior renderings.dwg EXTERIOR RENDERINGS KEY PLAN
A4.0

BUILDING PAINT COLORS

SHERWIN WILLIAMS
"EXTRA WHITE"
SW7006

SHERWIN WILLIAMS
"IRISH CREAM"
SW7537
748
SOUTH-EAST NTS 1
NORTH- WEST NTS 4 EAST NTS 2
NORTH-EAST NTS 3 200 JOHN ST. BANNING, CA 92220
CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Jul/31/2025 5:53 PM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 2:26 PM w:\projects\one-off\banning 200 john st\design\site design\a4.0 - exterior renderings.dwg EXTERIOR RENDERINGS (DAY)
A4.1
749
SOUTH-EAST NTS 1
NORTH- WEST NTS 4 EAST NTS 2
NORTH-EAST NTS 3 200 JOHN ST. BANNING, CA 92220
CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Jul/31/2025 5:53 PM dwg last saved: by:

S H E E T
sheet plotted:
drawing file name:

Oct/06/2025 @ 2:27 PM w:\projects\one-off\banning 200 john st\design\site design\a4.0 - exterior renderings.dwg EXTERIOR RENDERINGS (NIGHT)
A4.2
750

PROPOSED

PROJECT
8,041 SF PARKING NO
KEY PLAN 1/32"=1'-0" 1
EXTERIOR RENDERING NTS 4 EXTERIOR RENDERING NTS 2
EXTERIOR RENDERING NTS 3 200 JOHN ST. BANNING, CA 92220 CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Jul/31/2025 5:53 PM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 2:27 PM w:\projects\one-off\banning 200 john st\design\site design\a4.0 - exterior renderings.dwg EXTERIOR RENDERINGS (EASEMENT) A4.3 B 2 3 4
751
FLOWER ROOM NTS 1
FLOWER ROOM NTS 2 200 JOHN ST. BANNING, CA 92220
CUP Number:

Plan Check Number:

Seal
Consultant v6.5
3 PETERS CANYON RD STE 110
IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-07-31 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I A 2024-10-22 DCC SUBMITTAL
2025-05-06 CUP CORRECTIONS
2025-07-30 B CUP CORRECTIONS
2025-10-01 C ADDITIONAL INFORMATION Extra PC 2 Oct/6/2025 2:28 PM dwg last saved: by:

S H E E T
sheet plotted:drawing file name:

Oct/06/2025 @ 2:28 PM w:\projects\one-off\banning 200 john st\design\site design\a5.0 - interior renderings.dwg INTERIOR RENDERINGS (FLOWER ROOM) A5.0 B
carbon filter exhaust system outside air intake vent

HVAC HVAC HVAC
exhaust
intake vent
carbon filter exhaust system exhaust vent dehumidifier 752

4.9 7.1 9.1 9.5 8.2 6.5 5.7 4.1 4.7 2.0 1.3 2.6 5.9 4.7 2.4 3.4 5.6 3.7 1.7 2.5 5.6 4.4 5.4 5.3 6.2 7.9 9.5 9.8 8.5 6.7 5.5 5.0 2.7 3.8 2.5 1.8 3.2 5.3 2.9 1.4 1.8 3.9 3.8 2.6 5.4 5.4 2.0 5.4 5.0 3.3 5.6 3.7 1.1 3.8 6.1 3.6 1.5 2.2 5.5 5.9 1.8 4.7 5.1 1.8 6.3 5.6 2.1 5.4 6.1 3.1 5.7 6.1 2.5 1.3 1.8 5.1 6.7 3.7 5.9 5.9 2.1 8.0 9.6 9.8 8.5 6.8 5.6 5.5 6.3 8.0 9.6 9.8 8.5 6.7 5.6 5.4 6.3 8.0 6.7 2.5 4.0 2.8 1.9 3.9 5.8 3.0 1.7 3.0 4.9 3.3 2.2 5.0 5.6 2.2 9.5 9.8 8.0 3.3 5.6 4.4 2.1 3.4 5.7 3.3 1.8 3.2 5.6 4.2 1.8 2.7 5.5 3.7 8.5 6.7 5.6 5.4 6.3 8.0 9.5 9.8 8.4 6.7 5.5 5.3 6.1 7.8 9.7 11.111.1 6.6 4.1 5.0 3.3 5.5 6.5 2.7 2.0 3.0 3.9 2.7 1.3 1.0 2.1 5.4 4.5 10.39.7 11.6 10.7 8.9 6.6 4.7 9.8 11.7 12.3 11.6 11.1 11.5 11.9 10.7 8.2 5.5 3.5 6.8 6.1 7.5 8.2 10.5 11.1 10.5 10.4 11.3 12.1 11.7 10.6 10.3 10.9 10.9 9.0 WASHER AND DRYER +30"x48" CLR. A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' 200 JOHN ST.

BANNING, CA 92220 CUP Number: Plan Check Number: Seal Consultant v6.5 3 PETERS CANYON RD STE 110 IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-00-00 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I 2024-00-00 - -- ELECTRICAL PHOTOMETRIC PLAN - INDOOR E-1.1 ELECTRICAL PHOTOMETRIC PLAN - INDOOR 753

0.1 0.2 0.3 0.6 1.2 2.0 2.4 2.5 2.1 1.3 0.7 0.4 0.1 0.2 0.3 0.6 1.2 2.0 2.2 2.2 1.9 1.2 0.6 0.4 0.1 0.2 0.4 0.7 1.2 1.9 2.2 1.9 1.6 1.0 0.6 0.3 0.1 0.2 0.4 0.6 1.1 1.7 2.0 1.7 1.4 0.9 0.5 0.3 0.1 0.2 0.3 0.6 0.9 1.4 1.7 2.0 1.6 1.0 0.6 0.3 0.1 0.2 0.3 0.5 0.9 1.4 1.8 2.2 1.7 1.1 0.6 0.3 0.1 0.2 0.3 0.5 1.0 1.5 1.9 2.2 1.7 1.1 0.6 0.3 0.1 0.2 0.3 0.6 1.0 1.6 2.0 2.2 1.7 1.1 0.6 0.3 0.1 0.2 0.3 0.6 1.0 1.7 2.1 2.1 1.7 1.0 0.6 0.3 0.1 0.2 0.3 0.6 1.0 1.7 2.1 2.0 1.6 1.0 0.5 0.3 0.1 0.2 0.3 0.6 1.0 1.7 2.1 1.8 1.4 0.9 0.5 0.3 0.1 0.2 0.3 0.5 1.0 1.5 1.9 1.7 1.3 0.9 0.5 0.3 0.2 0.2 0.3 0.5 0.8 1.3 1.6 2.0 1.6 1.0 0.6 0.3 0.2 0.2 0.3 0.5 0.9 1.4 1.8 2.2 1.7 1.1 0.6 0.3 0.2 0.2 0.3 0.5 1.0 1.5 1.9 2.2 1.7 1.1 0.6 0.3 0.2 0.2 0.3 0.6 1.0 1.6 2.1 2.1 1.7 1.0 0.6 0.3 0.2 0.2 0.3 0.6 1.0 1.7 2.1 2.1 1.7 1.0 0.6 0.3 0.2 0.2 0.4 0.6 1.1 1.7 2.1 2.0 1.6 1.0 0.5 0.3 0.2 0.2 0.4 0.6 1.1 1.7 2.1 1.8 1.4 0.9 0.5 0.3 0.2 0.2 0.4 0.6 1.0 1.5 1.9 1.7 1.3 0.9 0.5 0.3 0.2 0.2 0.4 0.5 0.9 1.3 1.7 2.0 1.6 1.0 0.6 0.3 0.2 0.3 0.4 0.6 0.9 1.5 1.8 2.2 1.7 1.1 0.6 0.4 0.2 0.3 0.4 0.6 1.0 1.6 2.0 2.2 1.7 1.1 0.6 0.4 0.2 0.3 0.4 0.6 1.1 1.7 2.1 2.1 1.7 1.1 0.6 0.4 0.2 0.3 0.4 0.7 1.1 1.8 2.2 2.1 1.7 1.0 0.6 0.4 0.3 0.4 0.5 0.7 1.2 1.8 2.2 2.0 1.6 1.0 0.6 0.4 0.3 0.4 0.5 0.8 1.2 1.9 2.3 1.9 1.5 1.0 0.6 0.4 0.4 0.5 0.6 0.9 1.3 1.8 2.1 1.9 1.5 1.1 0.6 0.4 0.4 0.6 0.8 1.0 1.4 1.9 2.1 2.4 2.0 1.3 0.7 0.4 0.5 0.7 1.1 1.5 2.0 2.6 2.8 2.8 2.5 1.6 0.8 0.4 0.7 1.0 1.5 2.2 3.0 3.6 3.6 3.4 3.1 1.9 0.9 0.4 0.8 1.2 1.9 2.9 4.0 4.7 4.6 4.0 3.6 2.2 0.9 0.4 0.8 1.3 2.0 3.2 4.5 5.5 6.3 5.9 5.6 4.9 4.0 3.7 3.9 4.3 4.2 4.1 4.4 4.6 3.7 2.2 0.8 0.3 0.8 1.2 1.9 3.0 4.1 5.2 5.8 5.7 5.1 4.3 3.4 3.0 3.2 3.5 3.5 3.6 3.8 3.7 3.0 1.7 0.7 0.3 1.1 1.6 2.4 3.3 4.3 4.7 4.5 3.8 2.9 2.2 1.9 2.0 2.1 2.2 2.2 2.4 2.3 2.2 1.7 0.9 0.5 1.2 1.7 2.5 3.4 3.7 3.3 2.6 1.8 1.3 1.1 1.1 1.1 1.1 1.1 1.2 1.4 1.6 1.3 0.8 0.5 0.9 1.2 1.8 2.6 2.6 2.2 1.5 1.1 0.9 0.7 0.7 0.7 0.8 0.8 0.8 0.8 0.9 0.9 0.7 0.5 0.8 1.1 1.2 1.1 1.1 1.1 0.9 0.7 0.6 0.7 0.7 0.7 0.8 0.8 0.7 0.7 0.7 0.7 0.5 0.5 0.6 1.0 1.4 1.2 0.8 0.7 0.7 0.7 0.7 0.8 0.8 0.7 0.7 0.7 0.6 0.6 0.5 0.7 1.3 1.4 1.0 0.8 0.7 0.7 0.7 0.7 0.8 0.7 0.7 0.6 0.6 0.5 0.5 0.4 0.6 0.8 1.0 0.9 0.8 0.7 0.6 0.6 0.6 0.7 0.7 0.6 0.5 0.5 0.4 0.4 0.4 0.7 0.8 0.8 0.7 0.6 0.6 0.5 0.5 0.6 0.7 0.6 0.5 0.5 0.4 0.4 0.4 0.6 0.6 0.6 0.5 0.5 0.5 0.5 0.6 0.7 0.6 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.4 0.4 0.4 0.5 0.6 0.7 0.7 0.6 0.7 0.7 0.7 0.6 0.4 0.4 0.4 0.3 0.3 0.6 0.7 0.7 0.8 0.8 0.9 0.9 0.7 0.6 0.3 0.3 0.3 0.3 0.8 1.1 1.2 1.1 1.1 1.1 0.9 0.8 0.6 0.2 0.2 0.2 0.6 1.9 1.5 1.2 1.3 1.1 1.0 0.8 0.7 0.2 0.2 0.2 0.8 2.0 1.5 1.4 1.3 1.2 1.0 0.8 0.7 0.2 0.2 0.8 1.1 1.4 1.4 1.4 1.3 1.1 0.9 0.7 0.3 0.5 0.8 1.1 1.1 1.3 1.3 1.2 1.0 0.7 0.5 0.8 0.8 0.9 1.0 0.9 1.1 0.9 0.7 0.6 0.7 0.7 0.7 0.8 0.7 0.6 0.6 0.5 0.5 0.5 0.6 0.6 0.6 0.5 0.5 0.4 0.4 0.4 0.4 0.4 0.4 0.4 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.2 0.2 0.2 0.2 0.2 SES EX. 500 KVA TRANSFORMERGAS METER STACKABLE 5-TON AIR HANDLING UNIT (TYP.) PROPOSED PROJECT EX. WATER LINE PROPERTY LINE PROPERTY PROPERTY LINE LINE EX. SWITCHGEAR 10 4 1 SLOPE DOWN SLOPE DOWN A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' A @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' B @ 10' 200 JOHN ST.

BANNING, CA 92220 CUP Number: Plan Check Number: Seal Consultant v6.5 3 PETERS CANYON RD STE 110 IRVINE, CA. 92606 D G ESI N | A R C H I T EC T U R E H E S T I A A T E L I E R 2024-00-00 1ST CUP SUBMITTAL H I D E N O R I I W A G A M I 2024-00-00 - -- ELECTRICAL PHOTOMETRIC PLAN - SITE E-1.2 ELECTRICAL PHOTOMETRIC PLAN - SITE 754
Ref. & Rev. PROJECT TITLE SHEET DESCRIPTION
Dr. By:

Ch. By:

Date:

Scale: As Noted
YH Job No.

Sheet No.
of Sheets
Plot By: Saber Rabe Plot Date: 5/6/2025 File Location: F:\2024\24-314\dwg\Improvements\Preliminary Grading Plan\24-314_Preliminry Grading Plan.dwg 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
SN
SR
05/06/2025
24-314 1 1 200 JOHN ST BANNING, CA PRELIMINARY GRADING PLAN

EXISTING BUILDING
±8,000 SF
APN: 541-220-006

EXISTING BUILDING

NOT IN SCOPE
KEYNOTES:

PAVEMENT SECTIONS:

FF = ±2325.70
755
Ref. & Rev. PROJECT TITLE SHEET DESCRIPTION
Dr. By:

Ch. By:

Date:

Scale: As Noted
YH Job No.

Sheet No.
of Sheets
Plot By: Saber Rabe Plot Date: 5/6/2025 File Location: F:\2024\24-314\dwg\Improvements\Preliminary Utility Plan\24-314_Preliminry Utility Plan.dwg 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
SN
SR
05/06/2025
24-314 2 2 200 JOHN ST BANNING, CA PRELIMINARY UTILITY PLAN

EXISTING BUILDING
±8,000 SF
APN: 541-220-006

EXISTING BUILDING

NOT IN SCOPE
KEYNOTES:

SPECIAL NOTES:

CONTRACTOR NOTES:

FF = ±2325.70
756
757
758
759
760
761
1 PLANNING COMMISSION – SPECIAL MEETING
Council Chambers, 99 E Ramsey Street, Banning, CA
Wednesday, August 6, 2025 - 5:30 PM

MINUTES

1. CALL TO ORDER at 5:33 p.m.

1.1 PLEDGE OF ALLEGIANCE

1.2 ROLL CALL

COMMISSIONERS PRESENT ABSENT
Castorena, Chris X
Dale, Kathleen X
Marshall, Al X
Phelps, Gerry X
Rodriguez, Nathaniel X
Council Member Miller recognized former Planning Commissioner Richard Krick for his dedicated service on the Planning Commission from September 8, 2015, to March 25, 2025. A plaque was presented in appreciation of his years of contributions, collaboration, and commitment to the City of Banning’s community planning and growth.

2. PUBLIC COMMENTS:

None

3. CONSENT AGENDA:

Approval of the meeting minutes for July 9, 2025, Regular Planning Commission meeting.

Chair Dale opened public comments
No public comments
Chair Dale closed public comments
ACTION: Motion/Second (Marshall/Phelps) to approve the minutes of July 9.

COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
762
2 Dale X
Marshall X
Phelps X
Rodriguez X
(Motion Carried 4-0-1) passed.

4. PUBLIC HEARINGS:

4.1 CONTINUED PUBLIC HEARING - Consideration of a Cannabis Conditional Use Permit (CUP) Application Case No. PLN 24-0107, by Flower Dept, LLC to allow for the commercial cultivation of cannabis (Project) within an existing 8,041 square foot industrial building at 200 John Street, in the Industrial (I) Zoning District (APN 541-220-006).

Recommendation: Staff recommends the Planning Commission adopt Resolution 2025-06, recommending the City Council make a determination that the Project is exempt under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) and approve Conditional Use Permit PLN 24-0107 to allow for commercial cultivation of cannabis in an existing industrial building located at 200 John Street (APN: 541-220-006) in the Industrial (I) zoning district.

Ted Lopez, Senior Planner, provided the staff report.

Commissioner Castorena asked about the public accessibility of the applicant’s quarterly reports and the process for documenting community complaints. Staff confirmed reports will be publicly accessible.

Commissioner Castorena also asked how this project compares to the Hathaway project. Staff responded that the current project would provide improved state-of-the-art monitoring and reporting. Quarterly reports and additional conditions will ensure oversight, with anticipated feedback from the community
Commissioner Castorena asked about similarities between the 820 South Hathaway project and the proposed John Street project. Laura Leindecker, applicant stated both projects are comparable in design, security, odor control, and monitoring.

Commissioner Marshall asked whether the agreement included a hold harmless provision, citing a class action lawsuit in Santa Barbara. The City Attorney confirmed that an indemnity and harmless clause is included under Section 2 of the conditions of approval.

Planning Manager Mark Staples answered questions from the Commission related to access and parking. He also clarified the changes in the revised staff report provided to the Commission before the hearing, including typographical corrections, an added condition regarding a lobby area, and corrections to finding C.

The project engineer answered clarifying questions of the Commission regarding the insulation panels on the exterior walls, and in the attic space and potential for odor emissions from the attic space. Odor from cannabis cultivation is filtered in the attic using a specialized CleanLeaf System, the attic remains odor free, with no leaks expected and additional carbon filters in the hallway mitigate any minor odor from doors opening.

The CleanLeaf odor filtration system will be maintained according to the manufacturer’s standard operating procedures and the system installed meets or exceeds industry standards to prevent future issues.
763
3 Chair Dale opened public hearing at 6:15 p.m.

John Hagen expressed concerned about odor affecting nearby city operations, he questions if the 8,041 sq. ft. building meets the 10,000 sq. ft. requirements for indoor cannabis cultivation and notes previous similar sized buildings were denied and urges the city to review compliance before approval.

Jack Gunderson Is skeptical that odor control will fully prevent smells and concerned about 24-hour inspection notice potentially hiding non-compliance, contrary to state rules.

Max Diego Nearby residents already experience odor, questions effectiveness of filters and enforcement. He urges careful consideration of whether an older building can meet strict local, state, and federal standards.

Lynnea Hagen Upgraded insulation at Hathaway facility did not eliminate odor issues.

Frank Connelly Concern about traffic bottleneck near project site and congestion from ongoing Honeywell project and limited fire hydrants and potential safety hazards in case of a fire. He urges the Commission to address traffic flow and emergency access before approving additional projects.

Chair Dale closed public hearing at 6:26 p.m.

David Newell, Community Development Director said 700 South Hathaway has not yet been approved; any operation there should be investigated. Clarified that the 10,000 sq. ft. standard refers to canopy area, not building size. With stacking methods, more canopy can fit in a smaller building, meeting the requirements.

Planning Commission Discussion.

Commissioner Castorena requested additional input from the applicant regarding how they will handle outreach and reporting for local hiring and how they plan to be a good neighbor. Applicant aims to fill 6-10 positions. Hiring is typically posted on job sites like; Indeed, no formal community partnerships have been used previously. Being a good neighbor could include participating in community activities, donations, and events similar to previous projects like Harvest Corner. The Commissioner noted he feels the location is appropriate and that conditioning addresses required processes and compliance monitoring.

Commissioner Phelps listed project concerns:
• Applicant’s address is missing from application.
• Cannabis clustering: five facilities (including this one) within 1.4 miles could create significant environmental concerns for the area.
• Concern over traffic congestion and site layout, particularly loading docks on Gallaher Street and need for clear signage and designated front entrance. • Objects to CUP findings (Items E and F) – odor impacts have not been adequately addressed.
• No provisions for water usage reductions during drought. • Concerns over chemical usage and possible impacts on water quality. • Highly electricity intensive due to lighting, HVAC, ventilation and filtration system; alternatives such as solar or wind have not been addressed. • Utility of emergency access gate on John Street
764
4 Commissioner Dale raised concerns about site suitability and required findings:
• Parking barely meets minimum standards; some spaces may be unusable; inadequate parking during peak harvest employment times.
• Limited access and manual gate could hinder emergency response for use with heightened fire risk.
• Truck congestion on Gallaher observed during site visit, raising safety concern. • Banning Municipal Code requirements for no perceptible odors outside the building, compared to experience with existing operation on Hathaway and recommended conditions that allow multiple odor complaints before enforcement. • Applicability of the CEQA categorical exemption related to project-level greenhouse gas emissions and cumulative impacts.

Commissioner Dale expressed doubt about having the authority to apply certain conditions and lack of adequate substantiation for Findings B, D, F, and G.

ACTION: Motion/Second (Marshall/Castorena)
Adopt Resolution 2025-06 recommending the City Council make a determination that the Project is exempt make a determination that the Project is exempt under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) and approve Conditional Use Permit PLN 24-0107 to allow for commercial cultivation of cannabis in an existing industrial building located at 200 John Street (APN: 541-220-006) in the Industrial (I) zoning district with the revised conditions of approval as presented by staff.

Commissioner Dale asked for an amended motion to modify the conditions to correctly identify the applicant (should be Flower Dept LLC), to state the approved canopy area in Planning Condition 1 or 4, and to match Public Works compliance timing (prior to building permit) in Planning Condition 32 as to the access easement with an additional suggestion that access be established through a lot line adjustment, rather than an easement.

The amendment was agreed to by Commissioners Marshal and Castorena.

COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
Dale X
Marshall X
Phelps X
Rodriguez X
(Amended Motion Carried 3-2-0) motion passes.

5. DISCUSSION ITEMS

5.1 Consideration of a Request by the City of Banning to Initiate a Zone Text Amendment or General Plan Amendment and Zone Change Related to Existing Residential Development Located in the Airport Industrial Zone and General Plan Land Use Designation.

Recommendation: Provide direction to staff.

Community Development Director, David Newell presented options to address residential properties within the Airport Industrial (AI) designation that became non-conforming after the 2006 General Plan update. About 24 homes built in the 1940s through 60s are affected, creating challenges for financing and rebuilding after damage. 765
5 Options discussed:

1. Amend zoning code to provide flexibility for rebuilding non-conforming residential uses (quicker fix).

2. Rezone portions of the AI area back to residential for a long-term solution (slower, more process required).

Commissioner Castorena said he’s concerned about sprawl; supports future options for gentle density and workforce housing.

The General Plan update will allow these issues to be explored.

Commissioner Marshall supports option 1 to allow homeowners to repair quickly, maintain consistency, and provide flexibility for future repairs or sales without requiring new amendments.

Director Newell said change would be citywide, as the ordinance text applies broadly to residential structures, not just AI properties.

Chair Dale opened public comment.

John Hagen Opposed 2004 rezoning to Airport Industrial, citing hardships for residents. He urged the City to rezone the whole area back to residential rather than making a one-time exemption.

Stephen Beers thanked the Commission for considering the issue and preparing to take action.

Max Diego Noted issue arose from declaring a residential area as Industrial without properly informing homeowners of restrictions. He encouraged the City to review policies to prevent similar problems in the future.

The Commission provided direction to staff to proceed with Option 1 promptly and consider long-term residential adjustments as part of the General Plan update.

6. ANNOUNCEMENTS AND REPORTS

6.1 DIRECTOR’S REPORT
Director Newell said there are no Council meetings to report. Only 2 of 6 General Plan Advisory Committee seats filled; staff may reopen applications and will update at next meeting.

6.2 COMMISSIONER REPORTS
None

7. ITEMS FOR FUTURE AGENDAS
• September 3: Tentative hearing of two projects.
• September 10: Sunset Crossroads project special meeting. • Additional projects planned for October.
• Future agenda suggestions: Review city’s regulations related to microbusinesses (noncannabis) to assess potential adjustments to facilitate establishment of local small 766
6 businesses.

8. ADJOURNMENT
ACTION: Motion/Second (Phelps/Castorena) to adjourn the meeting.

Motion carried 5-0.

The meeting was adjourned at 7:44 p.m.

Minutes prepared by:

Sandra B. Calderon
Planning Commission Secretary
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/223?view_id=1&redirect=true All documents related to this meeting are available here:
https://d3n9y02raazwpg.cloudfront.net/banningca/6d8f137e-76d8-11ef-9b71- 005056a89546-38305488-93fe-4918-9dd7-c67857e7b6c7-1754009290.pdf 767
1 PLANNING COMMISSION - REGULAR MEETING
Council Chambers, 99 E Ramsey Street, Banning, CA
Wednesday, July 9, 2025 - 5:30 PM

MINUTES

1. CALL TO ORDER at 5:35 p.m.

1.1 PLEDGE OF ALLEGIANCE

1.2 ROLL CALL

COMMISSIONERS PRESENT ABSENT
Castorena, Chris X
Dale, Kathleen X
Marshall, Al X
Phelps, Gerry X
Rodriguez, Nathaniel X

2. SWEARING IN OF NEWLY APPOINTED OFFICIALS:

Gerry Phelps and Al Marshall were sworn in by the City Clerk and took the oath of office.

3. PUBLIC COMMENTS:

Jack Gundersen expressed concerns about the new Code Enforcement software. He noted that the program requires users to select from 19 pre-set complaint categories and includes a write-in box for other issues. However, the system requires a category box to be checked even when using the write-in-option, raising concerns about the accuracy of future reports.

Additionally, he stated that the form does not display a date and previous complaint records are no longer accessible.

4. CONSENT AGENDA:

Approval of the meeting minutes for June 4, 2025, Regular Planning Commission meeting.

Chair Dale opened public comments
No public comments
Chair Dale closed public comments
ACTION: Motion/Second (Marshall/Phelps) to approve the minutes of June 4. 768
2 COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
Dale X
Marshall X
Phelps X
Rodriguez X
(Motion Carried 4-0-1) passed.

5. PUBLIC HEARINGS:

5.1 Consideration of Cannabis - Conditional Use Permit (CUP) Application, Case No. PLN 24- 0107, by Flower Dept, LLC to allow for the commercial cultivation of cannabis (Project) within an existing 8,041-square foot industrial building at 200 John Street, in the Industrial (I) Zoning District (APN541-220-006).

Recommendation: Adopt Resolution 2025-06, Recommending the City Council Determine the Project is Exempt from CEQA and Approve the Cannabis Conditional Use Permit, PLN 24-0107 for Cannabis Cultivation at 200 John Street.

Ted Lopez, Senior Planner, provided the staff report.

Planning Commission Questions for Staff:

Chair Dale expressed concern about the lack of access details for the proposed project. She emphasized that the Planning Commission should review the proposed easement and understand its terms before making a decision. The property is landlocked and cannot be approved without confirmed access.

David Newell, Director said that execution of the access easement is a condition prior to permit issuance. The applicant is waiting on permit approval before finalizing the agreement due to associated costs.

Nate Smith, Deputy Director of Public Works and City Engineer explained that a condition of approval requires an access easement to be granted between property owners. Staff will review the easement for technical accuracy, including survey requirements. He emphasized that the easement must be submitted, signed, and reviewed prior to issuance of any construction permits. He acknowledged concerns about easements with expiration dates, stating that businesses should not operate beyond the term of a temporary agreement. He recommended that the easement be perpetual unless both parties agree otherwise, and if the agreement expires, the matter may be returned to the Commission for a potential revocation due to lack of legal access.

Additional concerns were raised by Chair Dale about driveway placement at the end of the culde-sac, where a proposed driveway would be situated between existing driveways, potentially blocking loading dock access for the 313 property. She questioned whether this configuration meets city spacing standards and noted difficulty envisioning how an additional gate would function at the site. Staff responded that due to narrow lot frontages on cul-de-sacs, flexibility is granted, and shared access may be considered during formal plan review.

Questions were also raised regarding John Street, which is used as a fire access point. Staff explained that John Street is a “paper street” with no official city easement; it lies within Union Pacific Railroad property, and the City holds only a utility license agreement. The Fire Department confirmed that secondary access is only required for new buildings over 50,000 769
3 sq. ft. However, due to an active hydrant in the area, the applicant must maintain a manual fire access gate for emergency use.

Chair Dale questioned the use of CEQA exemption due to high energy use and potential greenhouse gas emissions, citing a reported $25,000 monthly electric bill at a similar facility.

Concerns were also raised about the effectiveness of odor control measures. Staff responded that similar facilities have qualified for exemptions and explained best practices for odor mitigation, including sealed rooms and negative pressure systems. Concerns were also raised about potential violations of the city’s cannabis CUP limit. Staff stated that ownership is verified during the permitting process, and applicants must report changes.

Chair Dale had questions/clarifications for staff regarding the following conditions of approval a. Planning 10, 14, 26, 31, 32, and 33
b. Electric 45
c. Fire 55
d. Public Works – Map 09, Street 13 and fragment at top of page 18 (numbers are out of sequence).

Staff was asked to revise the language for accuracy and consistency. Typos and unclear language in the draft resolution, including incorrect terms like “cannibal” and confusion between “license” and “permit.”
The applicant answered clarifying questions of the Commission.

The applicant confirmed that an agreement is in place for vehicle access via easement between property owners, with terms including insurance and a damage deposit. He stated the easement is intended to be ongoing and recorded.

The applicant confirmed that all terms have been agreed upon and payments made, pending the outcome of the CUP decision. In response to the questions, the applicant clarified that while a five-year term was mentioned early on, the intent is now to pursue a recorded easement without a time limit. Commissioner Phelps requested to see that confirmation in writing before proceeding further.

Commissioner Phelps raised concerns about cannabis odor, citing personal allergies and nearby residences. The applicant stated the facility design includes industry-standard carbon filters and offered to double the filtration to reduce leaks. Commissioner Phelps suggested involving an external engineer to ensure odor containment.

The applicant described the high-security design of a similar facility at 820 South Hathaway, noting features like barbed-wire fencing, full camera coverage, and controlled gate access. It was clarified that both pedestrian and vehicle access is managed through a single, sliding gate.

Commissioner Phelps expressed concern that such a design may not be suitable for the current project site if the gate is located at the street. The applicant agreed to consider adding a pedestrian gate. Air handling equipment will be located in the attic, similar to 820 South Hathaway.

Chair Dale opened public hearing at 6:55 p.m.
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4 Lynnea Hagen expressed concern over a previous marijuana raid at the proposed site and questioned whether the applicant for this proposal in the same entity. She raised issues about odor impacts from an existing facility on Hathaway, claiming the smell reaches nearby homes despite complaints. Additional concerns included the high-water usage of cannabis cultivation facilities and the overall number of such operations in the city.

John Hagen expressed concerns about the cumulative odor impacts of cannabis cultivation facilities in the southeast area of the city. He stated that existing operations, particularly at 820 Hathaway, often produce odors strong enough to prevent residents from going outdoors. He argued that converting old warehouses is ineffective for odor control without building entirely new internal structures. He also raised concerns about the number of permitted grow sites in close proximity, noting that once additional sites become operational, odors will impact the neighborhood regardless of wind direction. Mr. Hagan questioned the effectiveness of Code Enforcement responses and urged the Commission to consider the broader community impact before approving further facilities.

Jack Gundersen opposed the new facility, citing ongoing odor issues from 820 Hathaway and a lack of response from Code Enforcement. He reported to an inspector who confirmed the smell and noted other problems like hazardous materials and weak site security. He questioned the effectiveness of proposed odor controls and asked when the new facility would begin operations if approved.

Chair Dale closed public hearing at 7:06 p.m.

Planning Commission Discussion:

Commissioner Phelps expressed concerns about persistent cannabis odors affecting nearby residents and businesses, as well as the adequacy of site access in a busy cul-de-sac.

Additional concerns included facility security, fire safety, and the high-water usage of cannabis cultivation during drought conditions. The commissioner stated they needed more time to consider the issues raised.

Commissioner Rodriguez acknowledged that odor is an ongoing concern with cannabis facilities, but noted it is a widespread issue, he raised access concerns related to a nearby streetlight and easement tightness but believed it to be manageable.

Commissioner Marshall praised the high level of security at the 820 Hathaway facility and felt the proposed location was appropriate, remote, and an improvement to the industrial area. He suggested any final approval be conditioned on the successful completion of access requirements before occupancy and expressed no current objection to the project.

Commissioner Dale expressed concerns about the insufficient access planning, stating the current proposal lacks detail and may impact adjacent properties. She emphasized the need to review finalized access plans before making a recommendation. She also noted that while odors cannot be fully contained, the municipal code requires it, creating a compliance challenge. Suggestions included improving attic ventilation and sealed entry designs. Lastly, she raised concerns over the CEQA exemption, questioning its adequacy due to unquantified greenhouse gas emissions and cumulative impacts from nearby facilities. She concluded that more information is needed before a decision can be made.

Commissioner Castorena provided suggested conditions for commission’s consideration as part of the project approval via email.
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5 • Local Hire Reporting:

Applicant shall annually report employee residency data to the City, including number of hires from Banning and the San Gorgonio Pass region.
(Applicant states intent to create local jobs: CUP p.100) • Signage for Complaints:

Prior to certificate of occupancy, install a sign near project entry identifying permittee contact info for odor complaints and City Code Enforcement. Sign design and placement to be approved by Community Development and maintained for duration of operation. (Applicant lists 24/7 contact commitment: CUP p.64)
• Complaint Log and Reporting:

Maintain and submit a quarterly complaint log to Community Development documenting complaints and resolutions.
(Complaint intake process described: CUP p.191)
• Complaint Response Timelines:

Respond to all complaints within 48 hours; mitigation for odor or nuisance issues within 72 hours. • Compliance Trigger:

If 3+ complaints in 90 days, City may initiate a compliance review and require updated Odor Abatement Plan or CUP modification.
(Applicant affirms commitment to nuisance prevention: CUP p.101) Additionally, it would be helpful if the applicant could be asked to explain how they plan to implement their local hiring commitment, including any partnerships with workforce programs.

ACTION: Motion/Second (Marshall/Rodriguez) to Adopt Resolution 2025-06, approving Conditional Use Permit (CUP) Case No. PLN 24-0107 with modifications to Conditions of Approval 31, 32, and 33:
• Condition 31: Enhanced signage requirement with on-site contact information for odor complaints and City Code Enforcement.
• Condition 32: Clarify that the easement must be recorded and resolved to staff’s satisfaction prior to the Certificate of Occupancy.
• Condition 33: Required responses to odor complaints within 48 hours and resolution within 72 hours.

COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
Dale X
Marshall X
Phelps X
Rodriguez X
Motion Failed, 2-2-1
A motion was made to continue the item to a meeting on August 6.

ACTION: Motion/Second (Dale/Phelps) to continue the public hearing to a Special Meeting on August 6th to allow the applicant to provide:
• Detailed plans for access improvements.
• Staff to return with quantified data on electrical usage. • Additional information on odor control measures.
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6 COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
Dale X
Marshall X
Phelps X
Rodriguez X
(Motion Carried 4-0-1) motion passes.

6. DISCUSSION ITEMS
None

7. ANNOUNCEMENTS AND REPORTS

7.1 DIRECTOR’S REPORT
Director Newell informed the Commission of upcoming changes to CEQA due to new state trailer bills. These changes are expected to significantly streamline environmental review processes, especially for housing and other qualifying projects. Additional information will be provided to the Commission as it becomes available.

The Banning Commerce Center previously considered by the Planning Commission in March, was reapproved by the City Council on July 8th after a de novo public hearing. The new hearing was held due to an objection to notification for the May City Council hearings and included a second vote toward the end of the July 8th meeting due to a comment submitted via email during the meeting that we did not notice until after they had taken action. The Council’s approval is now final, and all issues have been addressed.

Mark Staples was introduced as the new Planning Manager for the City of Banning.

7.2 COMMISSIONER REPORTS
None

8. ITEMS FOR FUTURE AGENDAS
• Special meeting in the next month or so to review large projects (David) • Initiate a GPA/ZC from Industrial to Residential on Barbour Street (Dale) Director Newell will bring the GPA/ZC to the next meeting as a discussion item for the Commission.

9. ADJOURNMENT
The meeting was adjourned at 8:00 p.m.

Minutes prepared by:

Sandra B. Calderon
Planning Commission Secretary
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7 These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/220?view_id=1&redirect=true All documents related to this meeting are available here:
https://d3n9y02raazwpg.cloudfront.net/banningca/6d8b6baa-76d8-11ef-9b71- 005056a89546-38305488-93fe-4918-9dd7-c67857e7b6c7-1751602337.pdf 774

CITY COUNCIL RESPONSE MEMORANDUM
Project: 200 John Street, Banning, CA
Applicant: 200 John St, LLC
Prepared by: Ricardo Alcantara, Representative
Date: 10/6/2025

1. Cultivation Tables and Canopy Calculation
In response to Council’s question regarding the layout and stacking of cultivation tables:
- The proposed table configuration and stacking system can be viewed in Sheet A5.0 (Renderings) and Sheet A2.0 (Floor Plan).
- Each of the six cultivation rooms (883 sq. ft. each) will contain 1,734 sq. ft. of canopy area, achieved through the use of multi-tiered tables.
- This results in a total canopy area of 10,404 sq. ft., while maintaining all required spacing and access clearances per state and local regulations.
- The table system ensures the project remains in full compliance with the Conditional Use Permit limits — maintaining no less than 10,000 sq. ft. and no more than 22,000 sq. ft. of total canopy, keeping operations squarely within city-approved parameters.

2. Fire Access and Safety Measures
Fire safety remains a top priority of this project.
- As shown on Sheet A1.1, the project includes a hammerhead turnaround designed and approved per Riverside County Fire Department Standard OFM-01A.
- We have exceeded basic city standards by including two Knox Boxes — one at the front entrance on Galleher, and an additional Knox Box located on Caltrans property in the rear, for redundancy and improved emergency access.
- In response to Councilman Miller’s concern regarding the narrowness of Galleher Road:
• We recommend that the City consider installing red curbs or “No Parking” signage along the access road to maintain clear emergency lanes.
• To ensure this responsibility does not fall solely on us, we have already begun coordination with adjacent property owners, who have confirmed they do not plan to use all their parking spaces.

Shared access solutions can be developed as needed to alleviate potential congestion. - Finally, the entire building will be fully sprinklered, further emphasizing that safety is our top priority.

3. Ownership and Background
To clarify ownership and licensing status:
- Mr. Antonio (“Tony”) Simeone, principal of 200 John St LLC, has no affiliation with any previous owners or operations in the City of Banning.
- Mr. Simeone currently holds an active State of California Cultivation License (CCL19-0003980) in the City of Los Angeles, which requires annual Department of Justice (DOJ) vetting and background clearance as part of its renewal process.
- Furthermore, Mr. Simeone has already been vetted by the Banning Police Department as part of this application process, providing the City an additional layer of verification and assurance of his compliance and credibility.
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4. Water Usage
- Attached is documentation showing water consumption from Mr. Simeone’s existing 10,000 sq. ft. licensed cultivation facility in Los Angeles, which demonstrates responsible and efficient water use. - The facility uses just under 700 gallons of water per day, as verified in official City of Los Angeles documentation.

5. Odor Control
Addressing Councilman Royce’s inquiry regarding odor control measures:
- While industry-standard carbon filtration systems such as Can-Filters are commonly used and effective, we have chosen to introduce a new and more advanced system to address concerns raised by the Council regarding the performance of current systems used in other facilities. - The proposed facility will utilize the CleanLeaf CL2500D-CCP Odor Control System, a multi-stage filtration and purification system that goes beyond basic carbon filters by actively capturing and neutralizing odor-causing particles.
- These systems and their configuration can be reviewed in Sheet A3.1, which illustrates the odor control layout and air circulation path.
- This new approach ensures superior odor mitigation and directly responds to Council’s skepticism that prior systems have not performed adequately in other local cultivations.

6. Economic Revenue and Utility Benefit
In response to Councilwoman Barrington’s comment regarding electrical usage and billing:
- While our projected energy costs may appear high, those numbers accurately reflect our actual usage and rate structure under Banning Electric.
- It is important to clarify that a portion of these charges includes internal departmental costs and operational overhead already built into the City’s billing model. - Therefore, our consistent and predictable energy demand will generate steady revenue for the Banning Electric Department, strengthening the City’s utility fund rather than burdening it.

7. Panel System and Building Efficiency
The cultivation rooms will be constructed using the Diversified Panel Systems (DPS) Modular Grow Room Panel System, a state-of-the-art interlocking modular panel solution designed specifically for agricultural grow environments.
 Smell-Proof & Airtight Design: Tight interlocking joints and seals ensure a completely airtight environment, improving odor control and climate stability.  Reflective Interior Finish: Interior walls are UV-stable, reflective white, and easily sterilized between cultivation cycles to maintain sanitary conditions.  EPS Insulated Core: The Expanded Polystyrene (EPS) insulation core delivers high thermal resistance (R-value), reducing heat transfer and conserving energy while maintaining optimal temperature and humidity levels.
 Energy Efficiency: The system’s insulation and airtight properties result in lower energy costs and consistent environmental control, directly benefiting both plant health and operational sustainability.
 USDA Approved & Environmentally Friendly: All DPS materials meet USDA standards, offering a clean, food-grade environment ideal for cannabis cultivation. 776
777

FLOWER DEPT, LLC

CITY OF BANNING
OCTOBER 2024
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6 784
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8 INDEX
A. CANNABIS CONDITIONAL USE PERMIT APPLICATION 10

1. PAYMENT OF THE CANNABIS REGULATORY FEE 16

2. BUSINESS PLAN 17

3. CORPORATE ENTITY DOCUMENTS 18

4. LIST OF FICTITIOUS BUSINESS NAMES WE ARE OPERATING UNDER 62

5. THE LEGAL NAME OF THE APPLICANT 63

6. CURRENT NAME AND INFORMATION OF 24 - HOUR CONTACT 64

7. BUSINESS TRADE NAME (IF APPLICABLE) 65

8. LIST OF LICENSES HELD BY OWNERS 66

9. DISCLOSURE OF PAST LICENSE DENIAL 67

10. PREMISE INFORMATION 68

11. CANNABIS BUSINESS FEIN NUMBER 69

12. A COMPLETE LIST OF EVERY OWNER 70

13. A LIST OF OWNERS AUTHORIZED TO CARRY WEAPONS 71

14. A COPY OF DEED OR TITLE 72

15. UNQUALIFIED CONSENT TO USE OF LAND 73

16. FOOD AND AGRICULTURE APPLICATION 74

17. COMPLIANCE WITH LOCAL RESTRICTIONS 75

18. PHYSICAL ADDRESS OF ANY OTHER PREMISE OWNED OR OPERATED BY APPLICANT 76

19. PREMISE DIAGRAM 77

20. HOURS OF OPERATION 78

21. SIGNED AUTHORIZATION AND CONSENT FORM 79
VICTOR QUEZADA’S FORM IS TO FOLLOW SEPARATELY 81

22. SIGNED HOLD HARMLESS AGREEMENT 82
VICTOR QUEZADA’S FORM IS TO FOLLOW SEPARATELY 82
84 23. SIGNED APPLICANT CERTIFICATION 85

24. COPY OF DOJ AND NCIC FINGERPRINT BACKGROUND CHECK 86

25. SECURITY PLAN 87

26. ODOR ABATEMENT PLAN 88

27. SITE AND FLOOR PLAN 89
90 B. PROOF OF A CANNABIS REGULATORY PERMIT 91
C. OPERATING PLAN 92
DESCRIPTION OF THE CANNABIS BUSINESS 93
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9 SITE PLAN 96
FLOOR PLAN 97
EVALUATION OF ACCESSIBILITY BY THE PHYSICALLY DISABLED 98 BUSINESS PLAN 99
WATER SOURCE INFORMATION 140
ENERGY EFFICIENCY PLAN 141
LETTER FROM THE BANNING MUNICIPAL ELECTRIC COMPANY 142
LIST OF ALL OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS 143 D. NEIGHBORHOOD CONTEXT MAP 144
E. SECURITY PLAN 146
F. ODOR CONTROL 189
G. LIGHTING PLAN 192
H. ON-SITE COMMUNITY RELATIONS 195
I. LEASE 196
J. CANNABIS BUSINESS ORGANIZATIONAL STATUS 222
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10 788
11 789
12 790
13 791
14 792
15 793
16 1. PAYMENT OF THE CANNABIS REGULATORY FEE
Payment for this CUP has been made through the portal to the City of Banning. 794
17 2. BUSINESS PLAN
Please refer to page 101 of this document for the Business Plan. 795
18 3. CORPORATE ENTITY DOCUMENTS
796
19 Flower Dept LLC Operating Agreement
797
20 798
21 799
22 800
23 801
24 802
25 803
26 804
27 805
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50 828
51 829
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53 831
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58 836
59 837
60 838
61 839
62 4. LIST OF FICTITIOUS BUSINESS NAMES WE ARE

OPERATING UNDER
Flower Department, LLC has not filed any fictitious names at the time of the filing of this application. If at a future date, we decide to operate under a FBN we will inform the city according to the determined procedure set forth by this city.
840
63 5. THE LEGAL NAME OF THE APPLICANT
The Applicant Flower Dept LLC., referred to as “Flower Dept” throughout this entire application, is a California registered general stock corporation, in good standing with the Secretary of State.

The Corporation is formed solely for the purposes of this commercial cannabis business license in the City of Banning. It does not hold any other assets, liabilities, or owners, other than those listed on this application form. The Applicant’s cannabis business experience comes through its Owners, described in this section.
841
64 6. CURRENT NAME AND INFORMATION OF 24 - HOUR

CONTACT
Flower Dept’s Emergency 24-Hour Contact will be Owner Antonio Simeone.

He will be readily available to assist in any issues related to any problems complaints or concerns associated with the cannabis business throughout the entire development process. He will be reachable at (213) 479-7601, [email protected].
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65 7. BUSINESS TRADE NAME (IF APPLICABLE)
Flower Dept, LLC has not filed any fictitious names at the time of the filing of this application. If at a future date, we decide to operate under a FBN we will inform the city according to the determined procedure set forth by this city.
843
66 8. LIST OF LICENSES HELD BY OWNERS
Owners Antonio Simeone and Kenneth Brymer are on the below license. Mr. Victor Quezada has no other licenses.
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67 9. DISCLOSURE OF PAST LICENSE DENIAL
The applicant Flower Dept, LLC and its individual owners, Antonio Simeone and Kenneth Brymer, have not been denied licenses issued by any state licensing authority, nor had any penalizations, revocations, or other sanctions imposed. 845
68 10. PREMISE INFORMATION
Premise Information for Flower Dept, LLC is as follows:

Assessor’s Parcel Number: 541-220-006
Physical Address 200 John St. Banning, CA 92220
Telephone Number: 213-479-7601
Website Address: NA
Email Address: [email protected]
846
69 11. CANNABIS BUSINESS FEIN NUMBER
847
72 14. A COPY OF DEED OR TITLE
Not applicable as the applicant is not the landowner.
848
73 15. UNQUALIFIED CONSENT TO USE OF LAND
849
74 16. FOOD AND AGRICULTURE APPLICATION
Flower Dept was advised by the DCC that CDFA is to be done after local permitting has been approved.
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75 17. COMPLIANCE WITH LOCAL RESTRICTIONS
Neighborhood Context Map
851
76 18. PHYSICAL ADDRESS OF ANY OTHER PREMISE

OWNED OR OPERATED BY APPLICANT
Flower Dept LLC does not have any premises to disclose as it does not own any. 852
77 19. PREMISE DIAGRAM
853
78 20. HOURS OF OPERATION
Unless otherwise directed by the City, our proposed hours of operation will be from 6 am-10 pm daily, when employees will be on-site. Security guards will be on-site 24 hours, 7 days a week. 854
79 21. SIGNED AUTHORIZATION AND CONSENT FORM
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80 856
81 VICTOR QUEZADA’S FORM IS TO FOLLOW

SEPARATELY
857
82 22. SIGNED HOLD HARMLESS AGREEMENT
VICTOR QUEZADA’S FORM IS TO FOLLOW

SEPARATELY
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83 859
84 860
85 23. SIGNED APPLICANT CERTIFICATION
861
86 24. COPY OF DOJ AND NCIC FINGERPRINT

BACKGROUND CHECK

OWNER LIVESCANS WILL BE SUBMITTED SEPARATELY
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87 25. SECURITY PLAN
Please refer to Section E page 148 of this document for Security Plan 863
88 26. ODOR ABATEMENT PLAN
Please refer to page 191 of this document for Odor Plan 864
89 27. SITE AND FLOOR PLAN
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90 866
91 A Cannabis Regulatory Permit Application has been submitted for this project and is currently in review with the City.
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92 868
93 DESCRIPTION OF THE CANNABIS BUSINESS
The Applicant, Flower Dept, LLC., herein after referred to as “Flower Dept,” seeks to obtain an Adult Use Cultivation License. The corporate entity is a single purpose corporation that holds no other licenses or assets and will only hold a license in the City of Banning, if awarded.

Flower Dept, LLC does not have any parent company or affiliate companies. Flower Dept, LLC was formed in July 2024, for the sole purpose of pursuing a cannabis business permit in the City of Banning, and entering into a property lease at the proposed facility location, 200 John St. The Applicant entity does not have any filings, claims, bankruptcies, judgements, or liens, and since there are no parent or affiliate entities, Flower Dept, LLC does not have any code enforcement actions against the business, nor has it filed any claims against any local agency or been the recipient of any claims.

Flower Dept shall be an indoor only cultivation facility designed and operated to produce high quality cannabis flower. The project will total 10,404 square feet of triple stacked canopy utilizing LED and double-ended HID lighting technology. The cultivation space will be divided into six individual grow rooms allowing for complete environmental control, and staggered harvests across the facility.

The purpose of this Cultivation Operations Plan is to establish comprehensive procedures and protocols for the effective and compliant cultivation of cannabis. This plan is designed to ensure that all cultivation activities are conducted in accordance with applicable regulations, maintaining the highest standards of quality, safety, and sustainability. By implementing these detailed procedures, we aim to produce cannabis that meets the needs of patients while adhering to stringent regulatory requirements. This plan covers all aspects of cultivation, from environmental controls and equipment maintenance to inventory management and sanitation, ensuring a systematic and efficient approach to cannabis cultivation.

Flower Dept incorporates advanced cultivation techniques coupled with cutting edge technology to produce high quality cannabis flower for the adult use market. Flower Dept is certain that its operation offers an ideal example of effective legal cannabis cultivation while being an asset to the community. After completion of testing sample batches with a licensed testing facility, Flower Dept’s flower will be sold to partner manufacturers and distributors for post-production as prerolls, oils, resins, edibles, topical solutions, or packaged for raw flower sale.

Flower Dept will be an indoor cultivation facility designed and operated to produce high quality marijuana flower. The project will use 60% of its square footage for canopy and the remaining 40% for ancillary uses such as for drying, trimming, packaging, storage, hallways, bathrooms, employee clean rooms, security and management offices, etc. 869
94 High THC will be cultivated to produce dried cannabis flowers intended for sale into the California Adult-Use market. Upon completion of build-out and in receipt of all necessary regulatory permits from the City and State, all starting plants will be procured from a licensed cannabis nursery.

Advanced cultivation techniques are implemented to improve plant health leading to a decreased need for spray applications. The techniques focus on selective thinning and pruning from the bottom of the cannabis plants. These techniques promote more vigorous growth while reducing the plant’s susceptibility to pests and pathogens by limiting the conditions in which those pests and pathogens thrive. Additionally, Flower Dept utilizes predatory pests to further ensure it can control harmful pests and allow the mature plants to thrive.

PLANS OF OPERATION
Before commencing cultivation activities, Flower Dept will establish and update its standard operating procedures (SOPs) to reflect industry best practices and BMC 17.53 covering the following areas:

Security:

1. Implement staff identification measures using employee badges.

2. Monitor attendance of staff and visitors rigorously.

3. Install alarm systems and video surveillance.

4. Track inventory using the State’s electronic monitoring system and seed-to-sale tracking system METRC.

5. Secure transportation of cannabis, with measures in place for traffic collisions or vehicle malfunctions.

6. Establish cash management and anti-fraud procedures.

7. Prevent loitering through signage.

8. Ensure secure storage for seeds, seedlings, tissue cultures, clones, cannabis plants, and products.

Cultivation Processes: Flower Dept will detail the processes for receiving, growing, cultivating, harvesting, handling, packaging, labeling, storing, transporting, and disposing of all cannabis materials. This includes procedures for handling and disposing of cannabis waste.

Workplace Safety: Flower Dept will conduct regular safety checks and implement measures to prevent contamination, maintain and sanitize equipment and facilities, and apply pesticides, fertilizers, and herbicides safely and in accordance with regulations.

Quality Control: Flower Dept’s quality control will involve regulating the THC content, proper labeling, and minimizing contamination. We will maintain logs of all pesticide and chemical applications.
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95 Recordkeeping and Inventory Control: Flower Dept will keep comprehensive records and maintain strict inventory control.

Complaint and Adverse Event Investigation: Flower Dept will investigate complaints and potential adverse events reported by other cannabis businesses, and or the DCC.

Unlawful Diversion Prevention: Flower Dept will implement measures to prevent the unlawful diversion of cannabis.

Recall Plan: Flower Dept will establish a robust recall plan.

Employment Policies and Procedures: We will develop clear employment policies and procedures to guide our workforce.

Flower Dept’s SOPs will be available to the DCC upon request and during inspections.

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96 SITE PLAN
872
97 FLOOR PLAN
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98 EVALUATION OF ACCESSIBILITY BY THE

PHYSICALLY DISABLED
Accessible parking and restroom provided to comply with all State and Federal Disability Access Laws.

ADA parking and accessible
path of travel with striping are
included in the site plan.
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99 BUSINESS PLAN

BUSINESS OVERVIEW
Flower Dept is a California-based indoor cannabis cultivation business situated in Banning, California. Our focus is on cultivating premium-grade cannabis flower with an unwavering commitment to quality and consistency. Our clientele comprises licensed distributors who seek only the highest-quality cannabis products to meet the growing demand in California's regulated cannabis market.

Flower Dept will operate under the guidance of a seasoned team of industry professionals. The company is led by Tony Simeone, Kenneth Brymer, and Victor Quezada, each bringing substantial experience in cannabis cultivation, distribution, and business management. Together, this management team brings decades of hands-on industry experience and a proven track record of success within California's cannabis market, giving Flower Dept a unique advantage in a competitive landscape.

MARKET OPPORTUNITY
The cannabis industry in California is thriving, driven by both an increasing consumer base and evolving regulatory framework. With the adult-use market continuing to grow, there is a notable demand for premium-quality cannabis products. Our focus on producing top-tier cannabis flower aligns with these market demands, ensuring that Flower Dept is well-positioned to serve discerning consumers seeking a high-quality experience.

Our target customers, licensed distributors, are actively looking for reliable suppliers who can consistently meet their high standards. Flower Dept's commitment to indoor cultivation methods allows us to control all aspects of the growing environment, resulting in premium products with superior potency, consistency, and appeal. By building strong relationships with these distributors, we aim to establish Flower Dept as a trusted and reliable source of premium cannabis flower in California.

OBJECTIVES AND GOALS
Revenue Generation
Achieve $6 million in sales during our first operational year, driven by strategic partnerships with key distributors across California.

Market Positioning
Establish Flower Dept as a premier provider of high-quality cannabis flower to meet the rising demand for superior products in the California market.
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Community Impact
Contribute to the economic growth of Banning, California, through job creation and tax contributions, establishing Flower Dept as a valued corporate citizen.

OPERATIONS AND CULTIVATION PROCESS
Our facility in Banning will employ advanced indoor cultivation practices to ensure that each crop is meticulously managed from seed to harvest. By maintaining full control over the grow environment, we can produce cannabis with optimal potency, flavor, and appearance, qualities that appeal to both distributors and end consumers. Our cultivation processes incorporate the latest advancements in lighting, irrigation, and climate control, along with rigorous quality control checks throughout the growth cycle.

We are committed to environmentally sustainable practices, including the implementation of water-efficient systems, renewable energy sources, and waste reduction protocols. These practices not only help reduce operational costs over time but also align with industry-wide moves toward more sustainable cannabis production.

FINANCIAL PROJECTIONS
Our first-year sales are projected at $3.6 million, based on anticipated agreements with licensed distributors throughout California. These revenue targets reflect both the high demand for premium cannabis flower and our team's experience in securing and managing distribution channels.

In addition to revenues, Flower Dept expects to be a significant contributor to local tax revenues in Banning. This economic impact will support municipal programs and community development initiatives, creating a positive relationship between our company and the city.

COMMUNITY ENGAGEMENT AND ECONOMIC IMPACT
Flower Dept recognizes the importance of community involvement and economic contribution.

We aim to support Banning through:

Job Creation: Flower Dept will create a variety of employment opportunities within the local community, including positions in cultivation, operations, quality control, and administration.

Tax Contributions: With projected revenues and planned growth, Flower Dept will contribute significantly to local tax revenues, supporting public services and city development.

Sustainable Practices: By prioritizing environmentally friendly practices, we align our business operations with community and environmental standards, reinforcing our commitment to corporate responsibility.
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OPERATIONS IN ACCORDANCE WITH BANNING MUNICIPAL CODE
Flower Dept will comply with all regulations set for in the City of Banning Municipal Code Chapter 17.53 and the State of California official regulations, and as they may be amended from time to time, Flower Dept will ensure to address, in its best efforts, in a timely manner, to adapt its operating procedures to comply with any changes or requirements imposed by the City of Banning and the State of California. Flower Dept’s Business Operations Plan may change as deemed necessary and appropriate to comply with those regulations that pertain to its operations as a commercial cannabis cultivation.

NEIGHBORHOOD RESPONSIBILITY
Flower Dept is committed to ensuring its operations do not cause a nuisance to the neighborhood.

Accordingly, Flower Dept will implement comprehensive policies with the objective of reducing the risk of creating any nuisance and improving the surrounding community.

Good Neighbor Policy. Not only will Flower Dept address potential nuisance considerations, Flower Dept will also implement a “good neighbor policy” to ensure that it contributes to the overall wellbeing of the neighborhood. This policy will include the following:
• Providing adequate security in and around the facility; • Maintaining a clean facility in good repair;
• Ensuring customers, vendors, and employees behave appropriately when at the facility; • Excluding customers who break the rules or divert or attempt to divert cannabis products; and
• Providing a timely response to community concerns.

Concerns Addressed. Flower Dept is cognizant of the potential problems and nuisances that can arise from operating a cannabis company, including but not limited to, the following concerns:
• Undesirable odor/smell;
• Increase in noise;
• Increased foot and vehicle traffic;
• Increase in waste and waste water;
• Impact on safety related concerns; and
• Impacts to right of way/access points
General Policies. General policies which Flower Dept shall strictly enforce, and which each employee shall be tasked with assisting in enforcing, include:
• No loitering;
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• No sale, dispensing, or consumption of alcoholic beverages on or around the facility including the parking lot;
• No cannabis or cannabis products shall be left unattended or in an area that is not locked and secured, and no cannabis or cannabis product shall be inhaled, smoked, eaten, ingested, or otherwise consumed on the property, in the facility, or in the parking areas of the property; and
• Employees and security shall ensure that individuals do not enter or remain in the Facility if those individuals are not engaging in activity expressly related to the operations of the business (i.e., if they are not employees or visitors with a bona fide business purpose).

Protocols for Mitigating Noise. If excessive or above normal onsite noise is detected by management, Flower Dept will implement certain protocols as discussed below. • Flower Dept will take the following steps any time it receives a noise compliant:
o Investigate and determine the likely source of the noise; o Access the effectiveness of available on-site management practices to resolve the noise event and immediately take steps to reduce the noise; o Determine if the noise traveled off-site by surveying the site perimeter and noting noise from the building; follow-up with neighbors as necessary; and o Record the event for further investigation and operational review. • No Heavy Machinery – Flower Dept will not be operating any heavy commercial or industrial machinery, and any equipment used will not generate noise detectable outside the concrete block walls of the building.
• No Loitering Policy – Flower Dept also has a strict "no loitering" policy, which shall be enforced by employees and the security guard, helping to mitigate noise from being generated in the parking lot. This policy shall include a maximum of ninety (90) minutes of parking for each parking space and no overnight parking. • Concrete Construction – The building is built with concrete block walls, which naturally reduce and mitigate any noise creation occurring inside the building. • Record keeping – Any time Flower Dept receives a noise complaint, a management-level employee must record the information relative to the event in Flower Dept’s records. • Noise Caused by Visitor – If problematic noise is caused by persons on-site, the security guard shall approach the person(s) and request for the noise to be abated, if the person(s) refuse, the security guard shall request for the person(s) to be remove themselves from the Facility. If the person remains noisy and disruptive, and refuses to vacate the Facility, then the security guard shall follow protocols for mitigation of unruly persons (including alerting the Chula Vista Police Department if necessary).

Safety Related Concerns. To ensure that Flower Dept does not cause trepidation in the community about risk of safety to neighbors and to mitigate unsafe or potential criminal activity, Flower Dept has adopted a robust safety program. Flower Dept will ensure the following:
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• No cannabis or cannabis products shall be visible from any point or vantage point of the exterior of the building, to reduce the risk of burglary or vandalism. • No cannabis or alcohol shall be allowed to be consumed, ingested, smoked, or otherwise used on the property, including the parking lot.
• Flower Dept shall install and maintain a fully operational digital video surveillance and camera recording system. All cameras installed on the exterior of the building shall be continuously recording twenty-four (24) hours a day to capture all activities occurring on the Facility.
• Flower Dept shall also conspicuously post signs stating, "All Activities Monitored By Video Camera" or otherwise advising all persons entering the Facility that a video surveillance and camera recording system is in operation at the facility and recording all activity on the Facility to further prevent burglary, vandalism, or other unsafe activities from occurring on-site.
• Flower Dept will hire a professional, reputable alarm company to install and monitor burglar alarms on each point of egress/ingress to the building, including all doors and windows.
• Flower Dept will hire a locally based private security company to provide regular patrol service and on-site security guards. The on-site security guards shall be present during all hours of operation and shall do regular rounds of the exterior of the Facility to deter, prevent, and if necessary, stop unsafe and criminal activity. • Flower Dept has implemented robust emergency response protocols in the event there is an emergency.

Graffiti Removal. Flower Dept will ensure that its employees immediately report the discovery of any graffiti on or around the Facility. The Managers will ensure that any graffiti is removed/painted over within forty-eight (48) hours.

Specific Waste Procedures. Flower Dept shall ensure that any cannabis product or cannabisderived product that is intended for disposal, shall be made unusable and unrecognizable prior to removal from the property, in compliance with any applicable laws. Additionally, cannabis waste shall be disposed of in a manner that protects any portion of the cannabis from being possessed or ingested by any person or animal.

Parking Policies. To prevent congestion in the area and ensure parking is as accessible as possible, Flower Dept will have a strict "No Loitering" policy. This policy shall include a maximum of ninety (90) minutes of parking for each parking space in Flower Dept’s front lot and no overnight parking. No cannabis or cannabis products shall be visible from any point or vantage point of the exterior of the building, to reduce the risk of burglary or vandalism. No cannabis or alcohol shall be allowed to be consumed, ingested, smoked, or otherwise used on the property, including the parking lot.

PROCDURES FOR SECURE TRANSPORTATION
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Flower Dept intends to hire a licensed cannabis distributor to securely transport cannabis items to other cannabis businesses.

Flower Dept recognizes the risk involved in the transportation of cannabis and plans to put in place procedures to minimize any risks during transportation. Third party distributor vehicles will be equipped with tools and safeguards to bolster security while cannabis is in the vehicle. The licensed cannabis distributor in charge of transport will provide delivery personnel that are highly trusted, trained, and have full knowledge of applicable laws concerning the delivery and transport of cannabis.

Only distributor delivery vehicles complaint with state laws will be used, and all deliveries will be between multiple cannabis business premises or to another cannabis business in California. Flower Dept intends to use professional cash-in-transit services for any cash that needs to be deposited into its financial institution.

Flower Dept will verify that its chosen licensed cannabis distributor maintains current hired and non-owned automobile liability insurance, insuring all distributor delivery vehicles with a minimum $1,000,000 per occurrence or accident. Flower Dept will provide any information concerning distributor delivery vehicles, including the make, model, color, Vehicle Identification Number, license plate number, and vehicle registration, to the DCC upon request.

Flower Dept will ensure that any distributor delivery vehicle used bears no markings indicating that cannabis is on board, or that the distributor delivery vehicle is used for transporting cannabis.

Flower Dept will mandate that the distributor delivery vehicle is kept clean and presentable, and that maintenance and other service tasks are never performed while cannabis is in the distributor delivery vehicle.

SECURE TRANSPORT OPERATIONS
Flower Dept will require that the distributor staff each vehicle with at least one cannabis business staff member and ensure they adhere to the following:
• The distributor delivery vehicle will never be left unattended unless the vehicle is locked and has an active vehicle alarm system. Cannabis will never be left in distributor delivery vehicles overnight or outside of the operating hours of the cannabis distributor conducting the transport.
• Cannabis distributor staff members will have access to a secure form of communication with Flower Dept and the licensed cannabis distributor management, such as cellular telephone, at all times while cannabis is in the vehicle. • The cannabis distributor employee conducting the transport will keep their cannabis business identification card on their person at all times and will present their card to DCC staff and law enforcement on demand.
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• Before conducting transport, the cannabis distributor employee responsible for transport will create a physical or electronic copy of the transport request, which will be maintained throughout the transport to be available to State and local law enforcement, and State and local regulatory authorities.
• Only cannabis business identification card holders are permitted access to affiliated distributor delivery vehicles.

Deliveries will not be done in a routine way that follows a consistent schedule, route, or pattern, but rather will use varied times and routes as well as different vehicles and drivers in order to counter any criminal surveillance and attempted criminal casing of the business and its operations.

COMPANY FACILITY LOCATION AND DESIGN ADVANTAGES FOR SECURE

TRANSPORT OF CANNABIS
Flower Dept’s facility will be in a commercial part of the City and will have a designated area of the facility for use in the secure transport of cannabis.

Distributor delivery vehicles will be parked within Flower Dept’s interior shipping/receiving area, and the garage door will be locked and secured prior to loading/unloading cannabis. The floor plan design clearly separates the areas of the facility intended for use in the secure transport of cannabis from other areas of the facility intended for cultivation operations. Additionally, the shipping/receiving area is separated from the Vault by multiple access control points to prevent theft or diversion during the loading/unloading process. 881
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LOADING PROCESS
Prior to delivery, cannabis will be packaged in tamper-evident containers. Cannabis will be appropriately tracked in the inventory control system which will communicate updates to the tracking system. Flower Dept will request at least one (1) cannabis distributor employee and one (1) Flower Dept employee to be present whenever cannabis or valuable items are being loaded into or unloaded from a distribution vehicle. All deliveries will be conducted by a person and no unmanned forms of deliveries will be made.

Within an hour before the transportation process is to begin, the cannabis distributor employee who will be transporting the cannabis will confirm verbally by phone with the business receiving the shipment. The cannabis distributor employee will then use the state's tracking system to verify the registration number of the business receiving the shipment.

Destination Unloading Process
Upon arriving at the destination, the cannabis distributor employee will request that the person who is accepting delivery provide their valid staff member registration card. After the completion of delivery, the cannabis distributor employee will enter the time and date that delivery was accomplished into the physical and electronic copies of the transportation manifest.

Receiving at Flower Dept Premises
When Flower Dept receives plants or seeds or cannabis in any form, the distributor delivery vehicle will arrive under direct video surveillance that covers all approach routes to the entrance. A security guard will monitor the vehicle and perimeter as the vehicle arrives. At this time, receiving will commence in an area not visible from outside, where inventory management personnel will count the inventory, verify it against the shipping manifest, and inspect it to ensure all packaging and labeling comply with state regulations. The inventory management personnel will enter the time and date that delivery was completed onto each physical copy of the manifest. This information will be added to and verified in the inventory tracking system.

SOP FOR MANDATING COMPLIANCE BY THIRD-PARTY DISTRIBUTORS To ensure the safe and compliant transportation of our cannabis products, we will only partner with third-party distributors who adhere to the following standards:

Transportation of Medicinal Cannabis Between Cannabis Businesses

1. Use of GPS:
o We mandate that all third-party distributors use a global positioning system (GPS) to ensure the safe and efficient delivery of cannabis to other cannabis businesses.

2. Vehicle Requirements:
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o Vehicles used for transport must:
§ Be equipped with a locked storage compartment or a locked storage container with a separate key or combination pad.
§ Have no markings that identify the vehicle as transporting cannabis. § Maintain current state vehicle registration.
§ Be equipped with an alarm system and a minimum of two video cameras:
one with a clear view of the driver and one with a clear view of the cannabis location.
§ Be insured as required by California law.

3. Delivery Driver Requirements:
o Each transport vehicle must be staffed with a delivery driver who:
§ Possesses a copy of the cannabis business license for the business transporting the cannabis.
§ Has access to a secure form of communication (e.g., cellular telephone) to contact cannabis businesses and law enforcement through the 911 emergency system.
§ Conspicuously wears an employee identification badge at all times and produces it upon request to authorized officials.
§ Holds a valid driver's license.
§ Does not wear any clothing or symbols indicating ownership or possession of cannabis.
o The delivery driver must proceed directly from the loading cannabis business facility to the receiving cannabis business without unnecessary stops, although deliveries to multiple businesses during one transport are permitted.

4. Reporting and Inspections:
o Any vehicle accidents, diversions, losses, or other reportable events during transport must be immediately reported to the DCC.
o Transport vehicles are subject to inspection by the DCC or authorized agents, law enforcement, or other government officials during inspections or investigations.

5. Transport Manifest:
o A printed or electronic transport manifest must accompany every transport vehicle and include:
§ Creation date, names, addresses, telephone numbers, and license numbers of the cannabis businesses involved.
§ Contact information for representatives with direct knowledge of the transport.
§ Details of the quantity and type of cannabis being transported. § Transport vehicle details, including make, model, and license plate number.
§ Names and driver's license numbers of delivery drivers. 883
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§ Departure and arrival dates and times.
§ Signatures of the delivery driver and a representative of the receiving business confirming receipt.
o Separate manifests must be prepared for multiple deliveries if necessary to maintain confidentiality.

6. Security Measures:
o All cannabis in transport must be shielded from public view and placed in a locked storage compartment or container.

7. Adverse Loss During Transport:
o Discrepancies in the transport manifest must be investigated, documented, and reported to the DCC within specified timeframes.
o Evidence of theft or diversion must be reported within 4 hours of discovery to the DCC

8. Compliance of Third-Party Contractors:
o Third-party contractors must comply with all transportation requirements. o We will conduct criminal background checks on third-party employees transporting cannabis, ensuring no individuals with disqualifying felony offenses or under 21 years of age are involved.
o Contractors will receive a copy of our license and employee identification badges for their employees.
o We will notify the DCC of all third-party contractors used for transportation and provide any additional requested information.

Distributor Delivery Vehicle Camera System
Each secure distributor delivery vehicle will be equipped with a camera system that will transmit live streaming footage to their command center, recording all aspects of every transaction from pickup to drop-off. The video cameras will be equipped with wide-angle lenses and will be angled to capture faces and activity. The cameras will be turned on whenever the distributor delivery vehicle is transporting cannabis and will create a video recording that will be locked in a storage device that will be inaccessible to the driver.

EMERGENCY TRAINING FOR DISTRIBUTOR DELIVERY DRIVERS
Flower Dept will ensure that its licensed distributor reports any vehicle accidents, diversions, losses, or other events that occur during transport to the DCC. Any discrepancy discovered during or after transportation will be immediately investigated, and necessary follow-up action will be promptly taken.

Flower Dept will ensure that distributor delivery drivers are well equipped and trained to handle any emergency that may present itself. Strict protocol and procedures will be put in place by the 884
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licensed cannabis distributor, including instruction to update Flower Dept of any issues that could delay or prevent transport, or if any product is damaged or at risk of diversion or theft.

Training will emphasize safety and the protection of life over things that can be replaced, such as money and cannabis. Distributor delivery drivers will be trained for all feasible situations, including emergency communication, vehicle accidents and breakdowns, law enforcement encounters, theft and attempted theft, and identifying alternative routes. Any motor vehicle used by the cannabis distributor will be subject to inspection at all times. Flower Dept will have a zerotolerance policy regarding consumption and drivers will be dismissed if they are found to be consuming cannabis or alcohol while driving for deliveries.

Training for Armed Robbery Response
While the threat of armed robbery is minimized due to covert, unmarked vehicles being used in the transportation of cannabis, incidents may still occur. Flower Dept will ensure that the chosen licensed cannabis distributor provides training to its employees on how to deal with an armed robbery on the road. If such an event does occur, the drivers will immediately, once safe, contact law enforcement, the cannabis distribution company, and Flower Dept.

Training for Inclement Weather Response
Should there be unexpected, potentially hazardous weather, the distributor delivery driver will take all necessary precautions to keep themselves, the product, and the distributor delivery vehicle safe.

If the vehicle is stranded, trapped, or inoperable due to weather conditions, the driver will immediately contact emergency services. Drivers will then notify Flower Dept and the distribution company of the situation and communicate any details and pertinent information.

Training for Road Hazard Response
If road hazards make the intended route of delivery inaccessible, the distributor delivery driver will be instructed to identify an alternative route. Drivers will be trained to never leave the vehicle to clear debris from the road, as this could leave them susceptible to possible ambush and seizure of the product being delivered.

ADDITIONAL COMPLIANCE
Flower Dept will ensure that all transports will be conducted in a safe, timely and efficient manner.

The cannabis distributor employee driving the delivery vehicle will only travel between the premises of Flower Dept and receiving cannabis business premises and will not deviate from the delivery path, except in the event of emergency or as necessary for rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route or operation of the vehicle unsafe, impossible, or impracticable. Flower Dept understands that the process of transport begins when cannabis distributor staff leave the originating cannabis business premises with the purchase 885
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order of cannabis items and ends when the cannabis distributor staff furnishes the cannabis items to the receiving cannabis business.

Flower Dept will collect all transportation manifests and route plans in conjunction with the inventory control system and tracking system. Management will ensure the accuracy of the manifests before the vehicles leave the premises. Records will be kept for at least seven (7) years.

Where a transport is attempted and not completed and the cannabis item remains in the possession of the cannabis distributor employee conducting the transport, the employee will return the cannabis item to Flower Dept premises. Flower Dept may repackage and restock the product and will log the product’s amended status in the business’s internal inventory. Flower Dept will ensure such items will be in new, unopened condition prior to restocking.

EMPLOYEE QUALIFICATIONS SUPERVISION AND TRAINING

ORGANIZATIONAL STRUCTURE AND QUALIFICATIONS REQUIRED FOR EMPLOYEE ROLES
Employee Qualifications
At Flower Dept we are committed to serving the needs of our community by providing high-quality cannabis products in a safe, knowledgeable, and compassionate environment. As we strive to become a trusted leader in California’s cannabis market, we recognize that our employees are the backbone of our success. Therefore, we are dedicated to hiring individuals who not only meet the highest standards of professionalism and expertise but also share our passion for quality and compliance.

We will seek team members who possess a deep understanding of cannabis and its therapeutic benefits. Our ideal candidates are those who demonstrate empathy, integrity, and a commitment to continuous learning in this rapidly evolving field.

All of Flower Dept staff will be qualified in specific requirements tailored to the DCC’s regulations and the nature of the products being sold.

Our Qualified Cultivation Team
At our company, we are proud to have a highly skilled and qualified team ready to run our cannabis cultivation operations in Banning City. Our employees will bring a wealth of knowledge, experience, and dedication to ensuring the highest quality and compliance standards in our cultivation practices.

Cultivation Manager
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Our Cultivation Manager will have over 5 years of experience in commercial cultivation. He is an expert in plant genetics, pest management, and nutrient requirements, and has strong leadership and management skills.

Master Grower
Our Master Grower will have more than 5 years of cannabis cultivation experience with a deep understanding of plant care, cloning, and propagation, along with proficiency in using advanced cultivation equipment and environmental control systems.

Cultivation Technicians
Our Cultivation Technicians will come with a diverse background in plant care and agriculture.

They have a strong foundation in cultivation techniques and pest management.

Integrated Pest Management (IPM) Specialist
The IPM Specialist will have more than 3 years of experience in pest management within commercial cultivation settings. Their expertise in identifying and managing pests and diseases will ensure plants remain healthy and productive.

Post-Harvest Supervisor
The Post-Harvest Supervisor will bring 3 years of experience in post-harvest processing of cannabis with deep knowledge of drying, curing, and trimming processes, coupled with strong organizational skills.

Trimmers
Flower Dept Trimmers will be highly skilled with hands-on experience in trimming and processing cannabis plants.

Quality Assurance Specialist
The Quality Assurance Specialist will have a minimum of 2 years of experience in the cannabis industry with strong analytical skills and attention to detail to ensure that our cultivation processes meet all regulatory requirements and quality standards.

Environmental Control Technician
Flower Dept’s Environmental Control Technician will have experience in greenhouse operations and will expertly manage our environmental control systems. Their knowledge of HVAC, lighting, and irrigation systems will help us optimize conditions for plant growth and health.

TRAINING PROGRAMS FOR EMPLOYEES
Flower Dept prioritizes detailed, pre-training and on the job training of each employee. Flower Dept employees benefit from a warm, welcoming Flower Dept Ethos before even beginning work at the facility. This is achieved by providing inbound (and existing) staff with the overwhelming support and resources they need to be successful Flower Dept employees. 887
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Pre-Training
Flower Dept employees will be provided with educational resources more than one month before beginning work.
• Educational material on Cannabis
• Educational material on cannabinoids such as THC, CBD and CBN • Information on proper dosing/serving sizes for various cannabis products • Information on the potential health risks/negative effects of cannabis use • A Flower Dept Strain Description sheet
All new hires are tested by the Cultivation Manager (CM) on the information provided two weeks prior to starting their position. New employees who do not pass the CMs cannabis information test will be instructed to review the information more diligently and their originally scheduled Start Date will be rescheduled one week later. This process continues until the employee has passed the CMs cannabis information test with the maximum failures possible before termination being three (3).

EMPLOYEE TRAINING POLICIES FOR CULTIVATION EMPLOYEES
The Flower Dept's Cultivation Employee Training Program is designed to ensure that all personnel involved in the cultivation of cannabis are well-equipped with the necessary knowledge, skills, and competencies to perform their duties effectively and in compliance with regulatory standards.

Our training policies encompass a comprehensive range of topics, including but not limited to, cultivation techniques, safety protocols, regulatory compliance, and quality assurance.

Flower Dept’s training plan exists in addition to the mandatory minimum requirements of the DCC. All training is done on the clock and employees are paid at their regular salary for training hours. This includes being paid for initial training before being put on the schedule, as well as any ongoing training that occurs. If employees are enrolled in mandatory training courses or vendor training outside their scheduled work hours, they are paid for their time in full. To ensure all employees enter the training on the same page,
Orientation and Onboarding:

New employees will undergo an initial orientation session that introduces them to the company's mission, values, and operational procedures. Onboarding includes a detailed overview of the cultivation process, company policies, and job-specific responsibilities.

Regulatory Compliance:
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Employees will receive training on local, state, and federal regulations governing cannabis cultivation. Regular updates and refresher courses will be provided to ensure ongoing compliance with regulatory changes.

Cultivation Techniques:

Training on best practices for planting, nurturing, and harvesting cannabis plants. Instruction on the use of cultivation equipment and technology, including monitoring and controlling environmental conditions such as temperature, humidity, and lighting.

Safety Protocols:

Comprehensive training on workplace safety, including the proper use of personal protective equipment (PPE). Emergency response procedures and first aid training.

Quality Assurance:

Procedures for maintaining high standards of quality throughout the cultivation process. Training on identifying and mitigating contamination risks, pest control, and proper sanitation practices.

Inventory Management:

Training on the use of electronic monitoring and seed-to-sale tracking systems. Procedures for accurate record-keeping and inventory audits.

Sanitation and Maintenance:

Guidelines for cleaning and sanitizing equipment and work areas to prevent contamination.

Training on routine maintenance and calibration of cultivation equipment.

Ongoing Education and Development:

Opportunities for continuous learning through workshops, seminars, and certification programs.

Encouragement for employees to stay updated with the latest advancements in cannabis cultivation technology and practices.

COMPANY-WIDE TRAINING REQUIREMENTS
ALL staff, regardless of their position with Flower Dept, are trained on the following:
• Review of Flower Dept Standard Operating Procedures
• Review of the Employee Handbook
• Review of the Flower Dept Security Plan
• Review of hazardous materials and safety (MSDS)

ON THE JOB TRAINING
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It is natural that cultivation facility employees receive extensive on the job training for their position. As it takes much skill, knowledge, and experience to develop cultivation practices in a consistent and effective manner, new Flower Dept cultivation employees are closely shadowed by a tenured employee. This ensures consistency amount procedures, applications, and techniques, elevating the quality of the plants and growth of the employee.

STAFF TRAINING PROCEDURES DOCUMENTATION
Flower Dept keeps training records including, but not limited to, the content of the training provided and the names of the employees who received the training, for at least five years. Training records will also contain dates of completion, employee signatures, and the signature and description of the credentials of any subject matter expert who provided the training.

IMPAIRED CUSTOMERS/SERVING LIMITS
Flower Dept will not have customers on-site. Flower Dept will ensure no employee or approved visitor to the facility is suspected of being under the influence of any substance. Anyone suspected of being under the influence will not be permitted to enter by Security personnel.

PROCEDURES FOR STORAGE OF CANNABIS
Flower Dept’s storage policies are designed to ensure that storage areas of all cannabis are kept in a secured manner during business and non-business hours. Any inventory held for quarantine or recall will be stored separately from other cannabis. Usable cannabis and cannabis products will be stored with consideration of:
• The quantity of cannabis items kept on hand.
• Flower Dept’s inventory system for tracking and distributing cannabis. • The number of owners, principals, employees, volunteers, management services contractor staff, or vendor-contractors who have or could have access to the cannabis items. • The geographic location of the cannabis business and its associated environmental characteristics, such as the relative level of crime associated with the area. • The scope and sustainability of the security alarm system. • The findings of root cause analyses of any breaches of security and/or inventory discrepancies for cannabis items at that location.

STORAGE AREAS:
o Locked Areas: Flower Dept will have locked, limited access areas for storing:
§ Seeds
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§ Seedlings
§ Tissue cultures
§ Clones
§ Cannabis plants
§ Expired, damaged, deteriorated, mislabeled, contaminated, recalled cannabis, or those with opened or breached packaging.
o Maintenance: Storage areas must be kept clean, orderly, and free from infestation by insects, rodents, birds, and pests.

Flower Dept will establish SOPs for the quarantine of any cannabis seed, cutting, clone, immature cannabis plant, batch of cannabis, or cultivation material or component whose suitability for use or distribution is in question, to prevent its use and distribution pending disposition by quality control personnel. There will also be segregated storage areas for the following items:
• Newly received cultivation materials or components and newly received cannabis seeds, cuttings, clones, immature cannabis plants, or usable cannabis. • Batches of usable cannabis awaiting release for distribution for personal use pending written reports confirming they meet specifications.
• Any usable cannabis suspected but not yet confirmed to be contaminated, including usable cannabis returned as part of a complaint or recall process. • Usable cannabis, components, or materials that have been confirmed to be contaminated, including, but not limited to usable cannabis that fails testing or is returned as part of a recall, and will be stored with cannabis waste in a waste disposal room until destroyed and rendered unusable.

The Vault has been designated to be the only area to store all ready-for-sale, quarantine, and pending-disposal cannabis and cannabis products outside business hours. The drywall of the walls and ceiling of the Vault will be reinforced with maximum-security ASM .50-13 mesh which is used to secure government, commercial, and retail buildings all over the world. Security mesh will be fastened to metal studs to inhibit bending or the ability to cut. The attached Secura Clips recessed center holes provide over 68% more holding strength than standard screws. Finally, the maximum-security mesh is finished with fire-resistant gypsum.

The Vault door will also be installed with a commercial grade combination lock and proximity access reader. Authorized individuals will have to use their personal security proximity access card and enter the combination to open the Vault door. This two-factor authentication will prevent access to individuals using only the proximity access card of an authorized individual. A log of all entries and code changes into the Vault will be maintained with the security records. The walls and perimeter of the Vault will be equipped with an alarm system which will notify personnel in the security office, a third-party security monitoring company, and the appropriate police agency. 891
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Following harvest, all cannabis will be stored in a secured and locked safe room, safe, or vault, and in a manner to prevent diversion, theft, and loss, except for limited amounts of cannabis used for testing samples. At this time, Flower Dept intends that all cannabis products including quarantine and pending disposable cannabis will be secured and stored in a 30-minute or more UL TL-rated safe with an Underwriters Laboratory 5-minute time delay Group 1 outside lock. All the storage safes for cannabis will also use UL Group 1 outside combination and PIN code locks to secure the safe door. A Group 1 combination lock is resistant to skilled manipulation attacks for up to 20 hours. Tool and Lock-rated (TL) safes are the standard safes used in most high-risk industries such as the jewelry, firearms, and the pawn industries. TL safes offer much more security and protection than a standard gun safe model or non-rated safe due to superior design and construction.

PACKAGING AND LABELING STANDARDS
Ensuring the safety, quality, and compliance of our cannabis products is of utmost importance.

Our packaging and labeling procedures are designed to maintain product integrity and meet all regulatory requirements in the State of California.

PACKAGING PROCEDURES

1. Harvest and Post-Harvest Handling:
o After harvest, our products undergo a meticulous drying and curing process to preserve potency and quality. Once cured, the cannabis is carefully trimmed and prepared for packaging.

2. Sanitation and Sterilization:
o All packaging materials and equipment are sanitized and sterilized before use to prevent contamination.

3. Weighing and Portioning:
o Cannabis is weighed and portioned accurately using calibrated scales to ensure consistency and compliance with state regulations regarding package sizes.

4. Sealing:
o Products are placed in child-resistant, tamper-evident packaging to ensure safety.

This packaging also protects the product from light, air, and moisture to maintain its quality.

5. Batch and Lot Identification:
o Each package is assigned a unique batch and lot number for tracking and traceability purposes. This ensures that each product can be traced back to its source for quality control and regulatory compliance.

LABELING PROCEDURES
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In compliance with Chapter 11 Labeling and Packaging procedures of the DCC regulations, Flower Dept will ensure that all bulk cannabis, cannabis products, immature plants, and seeds are properly packaged and labeled according to the specific requirements. This includes clear identification, ingredient listings, allergen information, and required statements to guarantee product safety and transparency during the transportation and sale processes. §17398. Bulk Cannabis or Cannabis Products
• Bulk cannabis or cannabis products are transferred between licensees for further processing or packaging.
• Packaging used for transporting bulk cannabis or cannabis products must:
o Protect the products from contamination.
o Ensure no exposure to toxic or harmful substances.
• Each package must be labeled with:

1. Type or common name of the cannabis or cannabis products.

2. UID (Unique Identifier) assigned to the cannabis or cannabis products.

3. Ingredients of the cannabis products, including any allergens (see §17406(a)(6)).

4. Net weight or count of the cannabis or cannabis products. §17399. Immature Plants
• Immature plants sold at retail are not required to be in child-resistant or tamper-evident packaging.
• Each immature plant must be labeled with:

1. Legal business name (or a name listed on the license certificate) of the licensed nursery that cultivated it, including contact number or website.

2. The strain name.

3. The statement: “This plant has not been tested in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.”
§17400. Seeds
• Seeds sold at retail do not need to be in child-resistant packaging. • Each package of seeds must be labeled with:

1. Legal business name (or a name listed on the license certificate) of the licensed nursery that cultivated the seeds, including contact number or website.

2. Strain name(s).

3. Weight or count of seeds in the package.

4. The universal symbol (see §17410).

5. The statement: “These seeds have not been tested in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.”

GENERAL TESTING REQUIREMENTS

1. Suitability and Safety Testing
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o Flower Dept will ensure that all cannabis and cannabis products are tested according to the guidelines established in California Code of regulations Chapter 4 (CCR 4) to ensure suitability and safety for human consumption. o Only licensed safety compliance facilities are authorized to perform testing on cannabis.

2. Batch Size Management
o Flower Dept will divide all harvested cannabis into harvest batches and will record the net weight of each batch

3. Sample Collection and Documentation
o Staff at Flower Dept will follow the standard operating procedures (SOPs) of the contracted testing laboratory for sampling and documenting the chain of custody. o Samples will be collected and tested post-harvest and pre-sale to ensure compliance with regulatory standards.

4. Prohibition of Sale Prior to Testing
o Flower Dept will not sell, transfer, or deliver any cannabis products from a harvest or production batch until the batch has passed all required tests.

TESTING PROCEDURES

1. Testing Frequency and Process
o Harvest batch samples will be tested post-harvest and pre-sale, transfer, or delivery.
o Production batch samples will be tested in their final form pre-packaging and presale, transfer, or delivery.

2. Testing Parameters
o Flower Dept will ensure that all samples are tested for the following parameters:
§ THC and Cannabinoid Concentration: Total THC, CBD, and other cannabinoids.
§ Terpenoid Concentration: Total and most prevalent terpenes. § Residual Solvents: For production batches.
§ Residual Pesticides, Heavy Metals, and Microbial Impurities § Mycotoxins, Water Activity, Yeast, and Mold
§ Vitamin E Acetate
o Flower Dept will track and document the terpene content of major terpenoids within each strain cultivated.

HANDLING OF FAILED TESTS

1. Failed Test Management
o If a harvest or production batch sample fails any initial test, Flower Dept may request remediation.
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o Flower Dept will not sell or combine failed batches with others and will deem such products as cannabis waste.

2. Remediation Procedures
o Flower Dept may remediate or sterilize failed batches as per the regulations if allowable, and these will be retested before any sale or transfer. o Detailed records of remediation, retesting, and disposal will be maintained.

4. Certificate of Analysis (COA)

1. COA Generation
o Flower Dept will ensure that a COA is generated by the safety compliance facility for each harvest and production batch sample tested.
o The COA will include the results of all analyses, and the safety compliance facility will provide necessary information such as batch numbers, sample identifiers, testing dates, and analytical methods.

INVENTORY MANAGEMENT
PROCEDURES FOR MAINTAINING INVENTORY DATA IN THE STATE’S ELECTRONIC

MONITORING SYSTEM
In Flower Dept’s cultivation operations, inventory data is meticulously maintained in the state's electronic monitoring system, METRC through API integrated software such as Dutchie. All cannabis plants, from seed to sale, are tracked using unique identification tags assigned to each batch or plant. Data such as plant growth stages, harvest yields, and waste disposal are regularly updated in METRC to ensure full traceability and compliance with state regulations. This process is managed by a designated track-and-trace system account manager who oversees the accurate and timely input of inventory data, ensuring that all transactions and movements within the facility are recorded and compliant with state requirements.

INVENTORY CONTROLS AND PROCEDURES TO CONDUCT INVENTORY REVIEWS

AND COMPREHENSIVE INVENTORIES
Before commencing business, Flower Dept will conduct a comprehensive inventory of all cannabis available for cultivation, finished cannabis ready for sale, unusable cannabis, cannabis plants, including the seeds, parts of plants, and all cannabis products at the facility. Inventory will take place on the date Flower Dept first engages in cultivation and will include damaged, defective, expired, or adulterated cannabis awaiting disposal, including the name, the quantity, and the reasons for which the cannabis business is maintaining the cannabis. The initial inventory will be reported to the DCC utilizing the inventory tracking system METRC.

Flower Dept will establish inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cultivating, stored, usable and unusable cannabis. All inventory 895
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records will include, at a minimum: the date of the inventory, a summary of the inventory findings, and the name, signature, and title of the employee who conducted the inventory. Inventories will also include the name, quantity, and reason Flower Dept is maintaining any unusable cannabis. If Flower Dept commences business with no cannabis on hand, the employee will record this fact as the initial inventory.

Product inventory will be updated daily. Flower Dept will also conduct a monthly inventory audit of cultivated, stored, usable and unusable cannabis. Flower Dept will conduct a comprehensive annual inventory audit at least once every year from the date of the previous comprehensive inventory. Reports will cover a complete and accurate record of all cannabis, including the seeds, parts of plants, and all products. Inventories will be promptly transcribed in the inventory control system. The employee performing the inventory will input findings into a device that interfaces with the inventory control system.

Upon commencing business, Flower Dept will begin conducting a weekly inventory in an electronic format of all cannabis plants, including, the seeds, parts of plants, and all cannabis products, which will, include, at a minimum:
• The date of the inventory and a summary of the inventory findings • The name, signature, and title of the employee who conducted the inventory • The date of sale or disposal date of all cannabis and cannabis products • The name of the recipient to whom the cannabis or cannabis product was distributed, the address of such person, and the kind of cannabis or cannabis product • The quantity of cannabis or cannabis products.

If Flower Dept finds an irreconcilable discrepancy between its physical inventory and the inventory tracking and monitoring system database, Flower Dept will conduct an audit, and notify the DCC of any reportable activity.

Flower Dept will acquire a reasonable initial and ongoing inventory of cannabis seeds, cuttings, clones, and immature plants and paraphernalia. Flower Dept will limit its inventory of cannabis seeds, cuttings, clones, immature cannabis plants, and usable cannabis to reflect the current market needs of consumers.

Flower Dept will use the inventory tracking system and any plant tags, product identification tags or stamps designated by the DCC, as well as be responsible for any fees from aforementioned items. Each plant, and all Work in Process (WIP) inventory will receive a tag that will remain with the plant, material, or product. Tags will be incorporated with Radio Frequency Identification (RFID) technology to interact with RFID readers and simplify accountability, to ensure the chain of custody, and efficiently display the tracking of plants and product inventory. WIP material will receive an RFID tag that accounts for these items with digital readers for the weight and source of all harvest and production batches every time a new batch is produced. RFID data includes strain 896
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or product type, originating batch information, the physical location of the plant/material, and other unique identifiers matching the inventory control system data. Tags act as unique identifiers specific to batches of seeds on origination, each plant in each phase of cultivation, subsequent harvest batch weights, and final packages.

Flower Dept has identified the following areas as Critical Control Points for cultivation operations:
• Physical Inventory Control, including security, storage, tagging and tracking, and recordation
• Electronic Inventory Control, including the inventory control system the inventory tracking system of the DCC; and Inventory Accuracy, including lost, stolen, or destroyed products, reconciliation of inventory, and discrepancies and recalls.

To integrate these Critical Control Points, Flower Dept’s SOP’s reference materials include Document Management SOPs, Facility SOPs, Quality Assurance SOPs, and Inventory Control User Manuals and Documents.

WASTE MANAGEMENT

OVERVIEW
In compliance with CCR 4 regulations, Flower Dept places utmost importance on the proper management and disposal of cannabis waste. In the following paragraphs, we will discuss these procedures in detail, underscoring our commitment to adhering to regulatory requirements and maintaining the highest standards in our operations.

By implementing these comprehensive waste management procedures, our company demonstrates its dedication to fulfilling the requirements set forth by the State and maintaining the integrity and safety of our operations.

While it is the intent of Flower Dept to achieve a zero-waste operation, Flower Dept wants to ensure that it is in compliance with all local, county, state, and federal requirements for waste disposal. Flower Dept has crafted a Waste Management Plan that ensures compliance with all regulations stated by the DCC while driving the company toward its zero-waste goal.

For the purposes of Flower Dept’s Waste Management Plan, waste is divided into the following categories:
• Solid Waste
• Recycling
• Organic Waste
• Electronic Waste
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• Compostable Cannabis Waste
• Non-Compostable Cannabis Waste
Flower Dept does not anticipate producing any hazardous waste. In the event waste may be hazardous, Flower Dept will engage its cannabis waste hauler to complete a waste profile and determine whether hazardous waste disposal services are required.

It is Flower Dept’s goal to not only understand the importance of the various types of waste, but to properly implement sorting procedures to ensure that each type of waste is properly disposed of. Each type of waste will have a designated bin that is properly labeled to ensure employee compliance. Flower Dept will also utilize educational signs and periodic training to ensure all waste is responsibly managed.

CANNABIS WASTE STORAGE RECEPTACLES
Flower Dept will bag cannabis waste and place it into two locked 65-gallon waste storage receptacles, one for compostable cannabis waste and the other for non-compostable cannabis waste. These will be locked inside the facility secure storage room, in a clearly labeled area segregated from cannabis goods for sale/transport. Ashes resulting from incineration can be placed in unlocked dumpsters or composted in a secure area, provided they are no longer hazardous.

Waste equipment will be managed in a way that will prevent the unintentional conveyance of cannabis waste outside the secure waste storage area. The waste storage receptacles will have the following features:
• Constructed to be easily handled for collection
• Constructed of rust-resistant and corrosion-resistant materials • Equipped with a locking tight-fit lid or cover

SECURITY MEASURES
Cannabis Waste Storage Area
Flower Dept will go above and beyond to implement security measures that will prevent the theft or diversion of cannabis waste. Flower Dept will establish a secure waste storage area where physical access is restricted to select employees. This area, which will be within the secure storage area, is designed in a manner to prevent cross-contamination and minimize safety hazards, odors, dust, unsightliness, and other nuisances. Outside the facility, Flower Dept will utilize the existing tenant trash enclosures to store non-cannabis waste. If possible, Flower Dept will lock or add locks to the trash enclosure gates and add landscaping that obscures visual identification of the dumpsters from adjacent public spaces. This will help prevent attempts to break into the dumpsters. 898
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Flower Dept will store waste in a way that does not create a risk of fire, explosion, or the accumulation of poisonous or otherwise harmful vapors or gases. Flower Dept will not generate hazardous waste or mix cannabis waste with hazardous material.

All waste storage areas will be subject to daily routine inspection. Flower Dept will routinely clean the areas and inspect for insects, rodents, birds, contaminants, and adulterants. The discovery of any insects, rodents, or other pests will warrant immediate action and extermination using a local exterminator. Regardless of inspection results, Flower Dept will clean and sanitize all areas and receptacles where cannabis waste is stored on a weekly basis.

Video Surveillance
To maintain accountability and security, all disposal activities must be monitored by video from start to finish. This measure helps in verifying that disposal procedures are followed correctly and provides a record of compliance.

Employee Oversight
The disposal of cannabis waste must be overseen by a minimum of two employees. This dual oversight ensures that there is a witness to all actions taken, thereby reducing the risk of mishandling or unauthorized diversion. Detailed records of each disposal event must be maintained, including the date, time, manner of disposal, unique identification codes of the waste, the reason for disposal, employee details, and, if applicable, details of cannabis prepared for sale.

Clear Bags
Flower Dept utilizes clear garbage bags for all waste throughout the facilities. Clear bags will allow all waste to be inspected. Clear bags prevent attempted diversion of product from the sales floor via garbage bins by allowing for visual inspection of all sales floor waste. Further, if someone does succeed in breaking into the dumpster holding non-cannabis waste, they may cease their criminal attempt once they see through the clear bags that they do not contain cannabis.

METHODS OF RENDERING WASTE UNUSABLE AND UNRECOGNIZABLE
Cannabis Destruction Policies
If any of Flower Dept’s cannabis items become contaminated, recalled, expired, or otherwise rendered unusable, Flower Dept will dispose of them in accordance with the policies, procedures, and regulations described in this section. Flower Dept’s inventory manager will always be present and oversee any destruction of product and ensure that it is properly recorded in METRC via Flower Dept’s track-and-trace software, Trellis. All records related to cannabis waste destruction and removal will be saved for no less than seven years. Additionally, Flower Dept asserts that cannabis waste will never be sold for any reason.
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Disposal Methods
Undesired, excess, unauthorized, obsolete, adulterated, misbranded, or deteriorated cannabis must be rendered unusable. This can be achieved through two primary methods:

1. Controlled Incineration: Medicinal cannabis waste can be incinerated under controlled conditions to ensure it is completely destroyed and unusable.

2. Grinding and Mixing: Alternatively, the cannabis can be ground and mixed with nonconsumable solid wastes such as paper, cardboard, food waste, yard waste, grease, or soil. This method ensures that the cannabis is thoroughly integrated with other wastes and rendered unusable.

All waste disposal activities will be meticulously recorded in the state's designated electronic monitoring and seed-to-sale tracking system. This ensures transparency and traceability of waste management practices.

Composting Grinder
Flower Dept will use a composting grinder, also known as a compost shredder or food cycler, to render cannabis unusable and unrecognizable. This product is a small appliance that chops up compostable items into an odor-free container. It is capable of shredding plant-based items, including cannabis. The shredding speeds up the decomposition of cannabis waste while mixing it with compostable non-cannabis materials added by the machine’s operator to dilute the final cannabis waste mixture.

The Flower Dept team has prepared the following processes to render waste unusable. This will occur weekly and be conducted by the inventory manager while under video surveillance.

Depending on whether the cannabis goods and added non-cannabis component are compostable, either of the following processes will be followed. The inventory manager will sanitize all equipment used once the process is complete.

Process To Render Waste Unusable – Compostable
• Identify product in the quarantine area ready for disposal. • Sort compostable and non-compostable waste.
• Remove compostable waste from packaging
• The manager must weigh the product and make any necessary adjustments to inventory records in Trellis (and METRC).
• Empty the cannabis into the composting grinder.
• Add non-cannabis compostable material in an equal amount to the cannabis material by volume.
• Flower Dept utilizes kitty litter or vegetable-based greases or oils. 900
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• For example, if one ounce of cannabis is being rendered unusable, the inventory manager could add one ounce of vegetable oil to the composting grinder. • Following the manufacturer’s instructions, run the composting grinder until the cannabis waste is rendered unusable.
• The manager will repeat this process until all quarantined items are rendered unusable. • Upon completion, the manager will empty the composting grinder container into a biodegradable bag labeled "Rendered Compostable Waste." • This bag will be placed inside the waste receptacle labeled “COMPOSTABLE CANNABIS WASTE.”
• A permitted waste company will be contacted to pick-up the waste for transport to a compost or anaerobic digester facility.

Process To Render Waste Unusable – Non-Compostable
• Identify products in the quarantine area ready for disposal. • Sort compostable and non-compostable waste.
• Remove non-compostable waste from packaging.
• The manager must weigh the product and make any necessary adjustments to inventory records in Trellis (and METRC).
• Empty the cannabis into the composting grinder.
• Following the manufacturer’s instructions, run the composting grinder until the cannabis waste is rendered unusable.
• The manager will repeat this process until all quarantined items are rendered unusable. • The manager will dump the shredded cannabis waste into a biodegradable bag labeled "Rendered Non-
• Compostable Waste."
• They will then take shredded paper from the office and mix that with the non-compostable cannabis waste in the bag until the mixture is completely mixed and at least 50 percent paper by volume.
• Upon completion, the bag will be tied.
• This bag will be placed inside the waste receptacle labeled “NON-COMPOSTABLE CANNABIS WASTE”
• A permitted waste company will be contacted to pick up the waste for transport to a landfill or incinerator.

Other Waste
The disposal of other types of waste, including hazardous and liquid waste, must comply with all federal, state, and local regulations. This ensures that all waste management practices are not only 901
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compliant with cannabis-specific regulations but also with broader environmental and public safety standards.

TRACK AND TRACE DESTRUCTION PROCEDURE
Terms such as “damage” and “destroy” are used in the cannabis industry to designate changes to inventory status changes. "Damaged” inventory may be product that is not fit for retail sale or product used for display purposes, while “destroyed” products are rendered “unrecognizable and unusable” by one or more standard industry practices. When cannabis must be disposed of or destroyed, Flower Dept will record the required adjustments in Flower Dept’s track-and-trace software that connects directly to METRC via application programming interface (API). Flower Dept will ensure that all waste and unusable products are weighed, recorded, and adjusted in Trellis before rendering and disposal, and that the system is constantly synced with METRC.

The inventory manager is responsible for creating and adjusting records in the system to record the destruction activity. Verification of this event will be performed by a second team member and conducted in an area with video surveillance.

For each destruction or disposal of cannabis or cannabis products, Flower Dept will record the following information in METRC, via its API integration with the inhouse system:
• The type of cannabis or cannabis products.
• The weight, volume, or count of the cannabis or cannabis products. • The date of activity.
• ▪ The METRC UID(s) assigned to the cannabis or cannabis products. • The name and identification number of the employee performing the destruction or disposal.
• The reason for destruction or disposal.
• The method of disposal.
• The name of the entity being used to haul the cannabis waste. • A description of the reason for any adjustments made in METRC. • Any other information required by the DCC.

EMPLOYEE EDUCATION
All employees will be trained by management on handling and managing cannabis waste.

Employees who will operate the composting grinder will receive training on safely operating the equipment and must pass a knowledge assessment before operating the equipment independently.

Flower Dept will also post educational posters in the company break room that use images and simple language to explain guidelines for disposing of different types of waste in different receptacles.
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RECALLS
Flower Depts execute Recall Procedures within 24 hours of receiving a Recall Notice. Employees review all product recall notices and specific instructions that have been identified in the notices.

All recall notices are communicated to owners, operators, employees and customers. The Manager ensures recalled products are physically segregated (including any products that contain the recalled product) in the Quarantine Zone. If an item is suspected to contain the recalled product, but label information is not available, staff will follow cannabis waste procedures for disposal. The product is marked “Do Not Use’ and “Do Not Discard,” and all staff is informed not to use or move the product. The Manager identifies with the help of METRC to locate the batch items and verify that the items bear the product or batch code(s) and production date(s) listed in the recall notice. Accurate inventory counts of the recalled products are obtained, including the amount in inventory and amount used.

Flower Dept implements a corrective action plan to retrieve as many hazardous products from the distribution chain and from consumers as possible in the most efficient manner. A correction action plan outlines the procedures and steps needed to be taken by Flower Dept once a product recall is required, including industry notification, public notification, documentation and record retention, and disposal.

FLOWER DEPT SOPS TO HANDLE COMPLAINTS AND RECALL OF MEDICINAL

CANNABIS PRODUCTS

1. Immediate Notification:
o To the DCC: Notify the Department immediately upon discovering defects or receiving complaints about cannabis.
o Investigation: Flower Dept must investigate complaints to determine if a recall is necessary.

2. Recall Decisions:
o No Action Required: Notify the Department with a rationale if no further action is needed. The Department will review and consult if necessary. o Action Required: Initiate a recall if needed.

3. Voluntary Recalls: Notify the DCC via email when starting a voluntary recall for issues not posing a public health risk.

4. Mandatory Recalls:
o Immediate Notification: Inform the DCC via phone and email. o Secure and Isolate: Prevent the distribution of affected products and coordinate disposal with the cabinet.

5. Non-cooperation Penalties: Failure to cooperate with recalls may result in cease-anddesist orders and other penalties. 903
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6. Recall Plan:
o Recall Coordinator: Designate employees responsible for managing recalls. o Procedures: Implement procedures to identify, isolate, retrieve, and dispose of affected products.
o Communications: Notify affected parties, including other businesses and cardholders.
o Coordination with DCC: Follow DCC-approved procedures for recalls and disposal.

7. Tracking and Recording:
o Electronic System: Record recall details in the state's electronic monitoring system.
o Details: Include amounts, types, coordinators, transport means, reasons, test results, and disposal methods in records.

STATE TESTING REQUIREMENTS
Flower Dept products are only sold to licensed distributors and manufacturers once the product has been tested by a licensed 3rd party Testing Laboratory with ISO/IEC 17025 accreditation.

Flower Dept notifies its Distribution partners when it has a sample batch to be tested and arranges for pick up and transport by the Distributor to the Testing Laboratory. Flower Dept receives all Research and Development testing results as well as all Certificates of Analysis prior to selling any products.
• A local Testing Laboratory collects samples at the various phases to perform Research and Development testing.
• The Testing Lab ensures that the batch size from which the sample is taken meets the requirements of CDFA regulations.
• The Manager is physically present to observe the laboratory employee collecting the sample, and both parties ensure that the increments are taken from throughout the batch. • The sampling is video recorded with the batch number stated verbally or in writing on the video at the beginning of the video, with a visible time and date indication on the video recording footage. The video recordings are maintained for 90 calendar days by the licensed distributor.
• After the sample has been selected, both the Manager and the laboratory employee sign and date the Chain of Custody Form attesting to the sample selection having occurred.

Flower Dept never assists the laboratory employee nor touches the cannabis goods or the sampling equipment while the laboratory employee is obtaining the sample. 904
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RECORD KEEPING

PROCEDURES FOR MAINTAINING INVENTORY DATA IN THE STATES ELECTRONIC

MONITORING SYSTEM
Flower Dept is committed to maintaining meticulous records through the use industry-leading software that integrates with the state-mandated METRC system. This ensures accurate tracking and compliance from seedling to sale. All records are securely stored in both a temperaturecontrolled vault and in the cloud, fortified by robust cybersecurity protocols. These comprehensive records are preserved for a minimum of seven years, underscoring our dedication to regulatory adherence and operational excellence.

In the event of a loss of access to the track-and-trace system, comprehensive records will be maintained and promptly updated once access is restored. Our sophisticated software platform also offers modules for cultivation, harvest, CRM, and analytics, providing real-time dashboards and reports to optimize our operations and ensure compliance.

TRACK AND TRACE
Flower Dept will use industry-leading tracking software such as BioTrack or the like, to track all cultivation and processing activities throughout the plant life cycle. Flower Dept accounts for all plants as a batch with a unique Tag that shall remain with the plant through final packaging.

Flower Dept will assign a tag at the time of planting for each plant. As actions are performed on plants during harvest, each plant’s barcode will be scanned, and the action information will be entered into the software for recordkeeping. All plant movements, actions on plants including application of any material (water, nutrients, pesticides), or changes to the nature of the plant (trimming, removing dead material, changing elements such as growth medium) will be documented.

Flower Dept will take inventory of all plants on a weekly basis, maintain these records for at least seven years and make the records available to the DCC upon request. Any removal of plants from the batch will be recorded on a permanent record and maintained on-site.

Flower Dept designates an owner to be the track-and-trace system account manager. Flower Dept reports to the DCC’s track and trace system the disposition of immature and mature plants, any transfers, and any waste. Flower Dept’s platform will control all plants from seedling to sale and will have the following capabilities:

Cultivation Module
• Includes the Cultivation & Harvest modules. Generate unique IDs for plants, batches, harvests, and finished inventory.
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• Cultivation Module: Track plants by batch, stage, room, or strain • View mortality rate and the average age of plants
• Dispose of plants
• Track Mother plants and clones
Harvest Module
• Record wet, dry, trim, & cure yields
• Track yield per plant or batch
• Calculate moisture loss
• Run Trimmer Reports
CRM Module
• Enables you to manage your wholesale customers’ accounts and create orders from a live inventory feed.
• Create customer profiles, log interactions, and view previous orders. • Attach licenses and documentation to customers’ profiles. • Create orders pulling from a live inventory feed.
• Track order stages including approval, fulfillment, and delivery Generate order manifests and invoices.

Analytics Module
Includes real-time dashboards and custom query reports to give you an executive overview of your business.

Dashboards
• Cost per gram
• Composition and age of inventory
• Plants by stage and mortality rates
• Sales by customer and SKU
Reports
• Batch reports
• Active/Closed inventory reports
• Order reports
• Trimmer Efficiency
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LOSS OF ACCESS
If Flower Dept loses access to the track-and-trace system for any reason, Flower Dept prepares and maintains comprehensive records detailing all tracking inventory activities that were conducted during the loss of access. Once access to the track-and-trace system is restored, all inventory tracking activities that occurred during the loss of access are entered into the track-andtrace system within 48 hours. Flower Dept documents when access to the track-and-trace system was lost and when it was restored. Flower Dept does not transport any cannabis or nonmanufactured cannabis products to other licensed premises until such time as access is restored, and all information is recorded into the track-and-trace system.

PROCEDURES FOR MAINTAINING EMPLOYEE RECORDS
Secure Storage and Record Keeping
Flower Dept is committed to maintaining the highest standards of security and confidentiality for employee records. Physical records, such as contracts, identification copies, and performance evaluations, are securely stored in a temperature-controlled vault, accessible only to authorized personnel. Digital records are maintained in a secure cloud-based system, which employs strong cybersecurity protocols, including encrypted access, multi-factor authentication, and regular security audits. This dual approach ensures the integrity and protection of sensitive employee information. Employee records are retained for a minimum of seven (7) years after termination, with procedures in place for secure archiving or disposal in compliance with legal requirements.

Regular Updates and Compliance
To ensure that all employee records remain accurate and up-to-date, Flower Dept requires employees to update their personal information, such as address or emergency contacts, with HR.

Any changes in an employee’s role, department, or employment status are promptly reflected in their records, including adjustments to access rights and identification details. All record-keeping practices comply with federal, state, and local regulations regarding privacy and data protection, such as HIPAA and other relevant employment laws.

PREVENTING UNLAWFUL DIVERSION

MEASURES IN PLACE TO PREVENT UNLAWFUL DIVERSION
Diversion Prevention
Management will be attentive of potential diversion and will follow, encourage, and enforce strict procedures and policies to detect diversion. Signs of internal theft or diversion include: an employee’s purchasing abilities increase at a rate inconsistent with their income; an employee accessing an area not assigned to them; and an employee removing anything from a limited area without supervisor approval.
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Flower Dept understands that it will not transport, transfer, distribute, supply, or sell cannabis, usable cannabis, cannabis products, paraphernalia, or related supplies to consumers.

Background Checks
Criminal history background checks will be done for all employees and management prior to hiring to ensure that no one with a history of theft, product diversion, or other criminal activity that would deem the individual a hazard or potential threat. Security guards will also be trained to be alert and aware to potential cannabis and cannabis product diversion.

Flower Dept will utilize tools to prevent hiring employees who will encourage theft and diversion.

Flower Dept will contract with a third-party background services firm which merges advanced search methodologies from multiple investigative databases and public record sources with interpretation by investigative specialists. This process ensures that Flower Dept will have complete and accurate information before deciding to employ an individual. Flower Dept will utilize behavioral assessments which offer insight into individual behaviors that not only may steal or divert cannabis, but also may perform poorly or fail to uphold security standards.

Access Regulation
Flower Dept will limit access to storage areas containing cannabis items. When it is necessary for visitors to be present in or passthrough cannabis item storage areas, Flower Dept will provide for adequate observation by cannabis business personnel whom Flower Dept specifically authorized by policy or job description to supervise the activity. In SOPs, Flower Dept will identify the personnel with authorization to access storage areas.

Employee identification cards will be worn at all times while on the licensed premises and cards will be color-coded to identify levels of access to portions of operations. The color-coded card will indicate access to specific areas the employee is authorized to enter when performing scheduled job functions. A person that is not a holder of a valid employee identification card is prohibited from accessing the premises unless they receive authorization and obtain a visitor identification badge. All photo identification badges will be worn at chest height on breakaway style lanyards.

All photo identification badges will be placed inside a plastic transparent identification holder.

Employees will not be permitted to place any item in or cover any part of their identification badge holder. Employees will be expected to follow Flower Dept’s Code of Conduct.

Flower Dept, as well as any employed persons, will not impede, obstruct, interfere with, or otherwise not allow the DCC or law enforcement to conduct an inspection or to review or copy records or recordings or other documents. Flower Dept or employees will not conceal, destroy, 908
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deface, damage, falsify, or otherwise alter any records, surveillance recordings, or other documents.

Prohibitions
Smoking, ingestion, or consumption of cannabis will be prohibited on the licensed premises at all times. This policy will be implemented and will be made available to the DCC. Flower Dept will not include a business that sells alcoholic beverages. Flower Dept will not sell any food, beverages, alcohol, tobacco, or nicotine products on or at the premises.

No person will be allowed to possess an illegal drug of any kind while on the licensed premises.

No employee or volunteer will be under the influence of a controlled substance. Flower Dept will not allow entry onto the premises by a person who is under the age of 21. Flower Dept and its personnel and agents will not sell or give for consumption any cannabis items to a person under 21 years of age.

Reporting
When there is evidence of diversion, employees are trained to follow strict procedures that will result in an investigation and written report submitted to the DCC. Flower Dept, upon becoming aware of a reportable loss, discrepancies identified during inventory, diversion or theft, whether or not the cannabis, funds, or other lost or stolen property is subsequently recovered and/or the responsible parties are identified, and action taken against them, will immediately notify appropriate law enforcement authorities by telephone and notify the DCC no later than three hours after discovery of the event.

Flower Dept will notify the DCC within 24 hours by telephone, followed by email notification of any of the following: (1) An alarm activation or other event that requires response by public safety personnel; (2) A breach of security; (3) The failure of the security alarm system due to a loss of electrical support or mechanical malfunction that is expected to last longer than eight hours; and (4) Corrective measures taken, if any.

Waste destruction will follow CCR 4 to prevent diversion of cannabis not intended for sale.

Similarly, Flower Dept will ensure that recalled cannabis products cannot be diverted and misused.

Creating a Company of Honesty
Flower Dept will strive to create a “Company of Honesty” and will have an open communication policy. It will be the responsibility of all employees to report theft or dishonest behavior to management. Flower Dept understands the need to cultivate a safe work environment and will not tolerate behavior that affects the safety of employees or other individuals. 909
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Flower Dept will create an open and honest environment for its employees by creating a set of strict policies and procedures that clearly state the appropriate actions that employees should take in specific situations. Failure to follow these policies will not be tolerated as it would compromise the safety of the employees and the security of the premises.

Packaging and Advertising
All advertising done by Flower Dept will full comply with advertising standards outlined in CCR

4. Specifically, Flower Dept will not promote diversion by appealing to anyone under 21 years of age. Flower Dept will place a legible, permanently affixed label containing the information on each package of finished usable cannabis that is ready for sale. Flower Dept will only release for distribution and transfer to another cannabis business cannabis that has been properly processed, tested, packaged, sealed and labeled in accordance with the provisions CCR 4.

WORKFORCE DEVELOPMENT AND JOB CREATION

PROGRAMS FOR EMPLOYEE DEVELOPMENT
At Flower Dept, we recognize that our success hinges not only on the quality of our cannabis products but also on the strength and capabilities of our workforce. Flower Dept will implement a comprehensive, inclusive labor plan to involve people of all walks of life in the ownership, management, and staffing of the Flower Dept. Flower Dept actively seeks individuals from various social groups such as socio-economically disadvantaged communities, individuals with prior involvement in the criminal justice or juvenile justice systems, and persons with disabilities.

Flower Dept is devoted to equity, diversity, and inclusion. We have developed Flower Dept-wide, targeted programs to positively impact our communities by promoting and encouraging participation from disproportionately affected communities in this newly legalized industry.

As we expand our cultivation operations, we are committed to creating a robust workforce development and job creation plan that supports our business goals, contributes to the local economy, and fosters a positive work environment.

This plan outlines our strategies for recruiting, training, and retaining top talent while ensuring that our employees have opportunities for professional growth and advancement.

Workforce Recruitment
Job Creation:
• Expansion: As we grow, we will create a variety of roles, including cultivation specialists, quality control analysts, harvest technicians, inventory managers, and administrative support staff.
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• Local Hiring: We will prioritize hiring from the local community to support regional economic development and reduce turnover rates.

Recruitment Strategies:
• Job Fairs and Community Events: Participate in local job fairs and community events to connect with potential candidates and promote our employment opportunities. • Partnerships with Educational Institutions: Collaborate with local colleges, universities, and vocational schools to create internship and apprenticeship programs. • Online Job Portals and Social Media: Leverage online platforms and social media to advertise job openings and attract qualified candidates.

Employee Training and Development
Onboarding Program:
• Orientation: New hires will undergo a comprehensive orientation to familiarize themselves with our company culture, operational procedures, and compliance requirements.
• Mentorship: Assign mentors to new employees to provide guidance, answer questions, and facilitate a smooth transition into their roles.

Ongoing Training:
• Skill Development: Offer regular training sessions on technical skills, industry best practices, and safety protocols.
• Certifications: Support employees in obtaining relevant certifications, such as those related to cannabis cultivation and compliance.
• Leadership Development: Implement leadership and management training programs to prepare employees for advanced roles within the company.

Performance Evaluation:
• Regular Reviews: Conduct performance evaluations to assess employee progress, provide feedback, and identify areas for improvement.
• Career Pathways: Develop clear career pathways and professional development plans to help employees advance within the company.

Employee Retention
Competitive Compensation and Benefits:
• Salary and Benefits: Offer competitive salaries and comprehensive benefits packages, including health insurance, retirement plans, and paid time off. • Incentives: Provide performance-based incentives and recognition programs to reward exceptional work and encourage employee engagement.

Work Environment:
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• Positive Culture: Foster a supportive and inclusive work environment that values diversity and encourages collaboration.
• Work-Life Balance: Promote work-life balance by offering flexible scheduling options and support for personal needs.

Employee Feedback:
• Surveys and Forums: Regularly conduct employee surveys and feedback forums to gauge satisfaction and identify areas for improvement.
• Open Communication: Maintain open lines of communication between management and staff to address concerns and implement suggestions.

Community Engagement and Partnerships:

Local Partnerships:
• Support Local Organizations: Partner with local non-profits and community organizations to support workforce development initiatives and provide resources for job seekers.
• Volunteer Opportunities: Encourage employees to participate in community service and volunteer opportunities.

Economic Development:
• Collaborate with Local Governments: Work with local government agencies to support economic development and job creation efforts in the region.

Flower Dept will lean on its local partners to source qualified applicants from City and County.

Flower Dept will also identify a local staffing agency to source qualified individuals with relevant background and experience to fill positions. Flower Dept also uses outlets such as Indeed, Craigslist, and Zip Recruiter to post ads for open positions. Incentives for locals to join our team will be the robust employee benefit program, high wages, and ample opportunities for continuing education. Flower Dept employees have the benefit of advancing their careers into all facets of the business, setting them up for success in the future regardless of what industry they may move into.

Flower Dept does not discriminate in hiring or operating decisions. All managers and supervisors must comply with all EEOC guidelines when managing staffing issues. No policy or procedure implemented by Flower Dept may lead to discrimination based on or conflict with laws regarding:
• Race
• Age
• Height or Weight
• Credit Rating or Economic Status
• Religious Affiliation or Beliefs
• Citizenship
• Marital Status
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• Number of Children
• Gender or Gender Presentation
• LGBTQIA Status
• Arrest or Conviction unless in a sensitive position
• Security/Background Checks for Certain Religious or Ethnic Groups • Disability

PROCESSES, METHODS, AND TECHNIQUES FOR CULTIVATING
If awarded a license to cultivate in the City, Flower Dept enlists the help of a Master Grower to run the day to day of facility oversight. Daily procedures for a Flower Dept facility are composed of instructions for each stage of the grow cycle, monitoring of all grow rooms, dry rooms, trim rooms, and post packaging rooms. Management has general oversight of the facility, working with each employee to ensure his/her task is handled according to Standard Operating Procedures. To assist with compliance, Flower Dept utilizes a system of checks and balances to monitor all operations, which include entering all plant and growth cycle information into the track and trace system, recording all treatments for pests, watering, soil levels, nutrient mixtures, and more.

Other procedures include safety and security measures, waste management, maintaining the odor control and HVAC systems, water system maintenance, and pest management. These processes are imperative to keeping operations running smoothly and the facility clean, safe, without odor, and free of pests.

Flower Dept intends on cultivating marijuana using a Perpetual Harvest Cycle. A Perpetual Harvest Cycle uses symbiotic rotation to maintain plants in all stages of the cannabis life cycle.

This process uses procedures to move plants regularly to different areas of the cultivation facility, based on their age, to maintain a steady supply of flowering plants. By having a steady supply of flowering plants, there will ultimately be a steady supply of end products available for patient use.

Flower Dept plans to cultivate marijuana within indoor facilities. The techniques employed to cultivate cannabis and cannabis are identical with the exception of nutrient application, which is tailored to all variants of the cannabis genus.

After initial seed germination, Flower Dept will propagate plants using cuttings from Mother Plants, called clones. Once clones have rooted, each plant will be moved into 2-gallon pots using coco planting media where the nutrient feed will be adjusted to support a 5.8-6.0 PH level. This is called the Vegetative Stage and Flower Dept will begin the process of incremental increases to the vegetative nutrient mix. The vegetative nutrient formula is set at 400 PPM in early vegetative state, then increased to a mix vegetative nutrient formula at 600 PPM in the middle vegetative state, and late-stage vegetative state plants and at 1000-1200 PPM for plants in their first 2 weeks in the flower photoperiod.
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As vegetative plants mature, the cultivation staff will prepare plants for flowering by tapering off the nitrogen introduced to the grow medium transitioning to less nitrogen and greater levels of phosphorus and potassium. These plants are then transferred into one of the flower rooms where they will move from an 18-hour photoperiod to a 12-hour photoperiod in the flowering room begins the flowering process. Depending on a strain’s particular flower time, cannabis plants will be harvested.

ADDITIVES, PESTICIDES, FUNGICIDES, AND HERBICIDES
Using Integrated Pest Management (“IPM”) methods as defined by 7 U.S.C. § 136r, Flower Dept will manage pests with a variety of biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks. IPM materials will be selected and applied in a manner that minimizes risk to human health, beneficial and non-target organisms, and the environment. Specifically, Flower Dept will only use products that are compliant with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 25(b) and do not require regulation by the U.S. Environmental Protection Agency (EPA) and the Department of Pesticide Regulation requirements. The Applicant’s current list of pest management products include Azaguard, Zerotal, Trifecta, Procidic, Athena IPM, Castile Soap, H2O2 (for mildew and root flush), Sierra Natural Sciences Products, diatomaceous earth and Terra Verra. Flower Dept will apply pest preventative products twice a week (Tuesdays and Fridays) and will alternate the IPM products between 4 products over a 2-week period. Flower Dept will not use foliar spray pest preventative products in the final weeks before harvest. In addition to these preventative measures, Flower Dept will strive to use plant tissue to achieve clean genetics, plant tissue allows Flower Dept to clone from genetics that have been stripped of virus or disease and taken back to the plants pure genetic form. Flower Dept will grow multiple plant strains to determine which strains grow best in the State climate while resisting pests, mold, mildew and other pathogens.

SOP FOR INSPECTING SEEDS AND GROWING PLANTS FOR PLANT PESTS Flower Dept is committed to ensuring that preventative measures are taken against insects, diseases, mollusks, and nematodes that may endanger the horticulture or agriculture of the state.

All cultivation staff will be trained with visual aids to identify pests. Staff will conduct daily spot checking and overall visual inspection of plants including tops of the plant, mid canopy, fan leaves, and root areas will be inspected and recorded daily. Staff will note any indication of pests and pathogens such as powdery mildew, aphids, thrips, and mites in the Pest Inspection Log. This will also be located in each grow room to record any signs of pets, mold, or pathogens. The growing medium also undergoes daily review by a member of the cultivation staff for any indication of fungus gnats, root aphids, or any fungal or bacterial infections. Upon discovery of pests or pathogens present, staff will immediately alert the Cultivation Manager. Should dangerous pests be identified, the seeds and growing plants be quarantined and placed under stop sale using a Stop Sale Notice and Hold Order. Cultivation staff will quarantine nursery stock found infested or 914
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infected with a plant pest and the management team will create a custom plan of action to remedy this issue, including the destruction of infected plants, if necessary.

PLAN FOR THE FUMIGATION OR TREATMENT OF PLANTS AND THE REMOVAL AND

DESTRUCTION OF INFESTED OR INFECTED PLANTS
The Cultivation Manager will immediately be notified if there are plants that are suspected so infected plants can be promptly tagged for easy identification. Staff will also advise cultivation personnel and log information/data into the track and trace platform. Flower Dept will remove non-conforming plants by placing a black plastic bag over the top of the plant. Cultivation employees will fumigate the area around the non-compliant plant. Those plants will go to a quarantine area where they will be studied and disposed of to avoid further contamination. Flower Dept will ensure employees are trained and properly outfitted to perform the task of IPM product formulation and application. Flower Dept does not intend on using pest management formulations which require an REI (re-entry interval), the time after application before re-entry into the area, however, will allow a minimum of 15 minutes after application before allowing re-entry into that grow area. Flower Dept will fully implement and train to ensure compliance with Workers Protection Standards (WPS) as well as all local, state and federal worker safety regulations. Flower Dept also employs a defoliation technique at 2 times in the plant's life cycle. Removing all unnecessary leaves allows airflow through the plants and reduces or eliminates pathogen formation.

SANITATION
Flower Dept will adopt all protocols required under Good Agricultural Practices and Good Handling Practices as part of USDA certification. The Cultivation Manager will maintain certifications in Hazard Analysis and Critical Control Point (HACCP) standard operating procedures. All rooms and greenhouse bays will be maintained daily, which will include deep cleaning once a week. A food safe sanitizing solution registered by the EPA will be used by employees in accordance with the instructions printed on the label in all cultivation areas. Prior to planting the first crop and after each turnover of a greenhouse bay or the propagation room, all floors, walls, benches, and all other surfaces will be pressure cleaned and sanitized using a foodsafe sanitation solution. 915
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WATER SOURCE INFORMATION
Flower Department, LLC.
200 John St.

Banning, CA 92220
To Whom It May Concern,
With this letter we inform the city of Banning, CA that the property in question situated at 200 John Street, Banning, CA 92220 is served by the Banning Water Utility.

Flower Department, LLC. attests that as soon as we have a water bill, we will provide a copy to the City of Banning to fulfill the Water Source requisite in the CUP application.

Kindest Regards,
Antonio Simeone
10/10/2024
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ENERGY EFFICIENCY PLAN
To maintain the highest possible facility energy efficiency, 50% of the facility shall operate in off peak hours to reduce the demand on the grid. In addition, operating half of the facility during the evening hours will reduce the costs associated with cooling the cultivation spaces as the thermal load is lower during the night.

The key approach driving efficiency is the incorporation of automated control of all environmental systems (see figure 1). The intelligent control system allows for exact control of lighting by measuring the actual quantity of photons produced by the lighting. The same system integrates the other environmental systems, providing consolidated control over cooling, humidity, and Carbon Dioxide levels. This systematized approach to cultivation control allows for reductions in waste by implementing similar “smart” systems that are being integrated into modern homes.

Proper Cultivation requires the optimal coordination of several growth factors. By incorporating an integrated “smart” system the facility is ensured to keep all growth factors at optimal levels without waste.

Figure 1
Light
• Photocell &
Schedule control
• Light Intensity
Temp
• Air Temperature
Control
• Combines W/
humidity for VPD
Humidty
• Air Humidty
Control
• Combines W/
Temp for VPD
CO2
• Carbon Dioxide
concentration and
metered release
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LETTER FROM THE BANNING MUNICIPAL

ELECTRIC COMPANY
Flower Department, LLC
200 John St.

Banning, CA 92220
To Whom It May Concern,
With this letter we inform the city of Banning, CA regarding the property situated at 200 John Street, Banning, CA 92220.

Flower Department, LLC attests that as soon as we have a letter from the power provider, we will provide a copy to the City of Banning to fulfill this requirement.

Furthermore per Mr. Coffey at the City we were advised that the Electric Department would provide input on the CUP.

Kindest Regards,
Antonio Simeone
10/10/2024
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LIST OF ALL OWNERS, EMPLOYEES,

INDEPENDENT CONTRACTORS, AND

VOLUNTEERS
The Owners of Flower Department are:
• Antonio Simeone
• Kenneth Brymer
• Victor Quezada
Currently Flower Department in not working with any independent contractors or volunteers. 919
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INTRODUCTION

SECURITY MISSION
Flower Dept seeks to cultivate cannabis and cannabis products with the highest standards for quality of product, service, and public safety. Every aspect of the operation will have a strong emphasis on security and preventing the theft or diversion of cannabis products with emphasis on compliance with the security requirements described in BMC 17.53. As an organization staffed by honest and compassionate professionals, Flower Dept is committed to its mission of working collaboratively with fellow cannabis business owners and local officials in creating and improving cannabis security programs. Flower Dept will position itself as an industry security leader by working with the cannabis community to further improve security policies and procedures and will serve as a model for cannabis businesses.

Flower Dept will provide law enforcement and neighbors of the cannabis business with the name and phone number of a staff member to notify during and after operating hours to whom they can report problems with the establishment. The facility is located near public buildings, who will benefit from the increased focus on security in the community. Loitering and trespassing are not expected due to the surrounding business types, as well as the inclusion of a fence encircling the facility.

Flower Dept will comply with all provisions of State and local laws, including other City laws governing the regulation of Cannabis Businesses. Flower Dept will attend regular meetings with representatives of the local Police Department (PD), Fire Department (FD), the County Fire Department (CFD), the City Manager, the City Attorney, Building and Safety Department, Planning Department, and the Code Enforcement Division to review public safety issues. Agents or employees of the City (“Inspecting Authorities”) and the DCC requesting admission will be given unrestricted access to Flower Dept during all business hours including all records, reports, documents, point of sales (“POS”), products, surveillance footage, and any other requested access.

VIDEO SURVEILLANCE SYSTEM

EQUIPMENT
The professionally monitored video surveillance system will operate 24/7, recording all activity with images capable of revealing facial details. Fixed cameras will provide clear images of individuals and activities in all limited access areas, rooms containing security equipment, facility entrances and exits (recorded from both indoor and outdoor vantage points), rooms with exterior access points, storage rooms containing cannabis, safes, and the facility perimeter. The system will have auxiliary power for at least 24 hours, operate under normal lighting conditions, produce clear, color, digital still photographs, display synchronized date and time without obscuring the picture, and record images for at least 90 days. Recordings will be stored securely and easily accessible, 925
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with the ability to export video recordings and photographs as requested by the DCC, law enforcement, or other government officials.

Per BMC §17.53.10(E)(1), the digital video surveillance system will have a minimum 100’ of night vision capability, resolution of 1280 × 720 pixels, record at a minimum of 20 frames per second, and display the date-time group. Additionally, the system will be equipped with a failure notification system that provides notification of any interruption or failure of the system and storage devices.

Security cameras will be installed on the property, maintained in good condition. In compliance with BMC §17.53.10(E)(3) the video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance and shall capture audio such that all sounds are intelligible. They will provide a clear, unobstructed view of the parking area, all entrances, loading areas, bays, windows, and any other areas as determined by the city. Per BMC §17.53.10(E)(4), cameras will be placed in fixed positions that allow clear recording from 20 feet of all points of entry and exit on the premises.

The entire interior and exterior of the facility will be protected and monitored by 24-hour video surveillance in the Central Security Control Room as per BMC §17.53.10(E)(2). Any irregular surveillance video footage would be investigated by the Cultivation Manager with the appropriate steps then taken to resolve any issues. Security personnel will have direct contact lines to local law enforcement authorities to report any suspicious activities and emergencies. Daily surveillance reports are created and stored by the security personnel, which are then shared with the Head of Security at Flower Dept & the Cultivation Manager for review.

All regular surveillance will be stored on hard disc for a minimum of 90 days. The storage device on which surveillance recordings are saved will be secured in a manner to protect the record from tampering or theft. The surveillance-system storage device and cameras will be remote accessible through transmission control protocol (TCP). The system will be capable of recording video in standard MPEG formats for transfer to another form, such as a DVD or USB.

CAMERA PLACEMENT
Flower Dept will install cameras inside and outside the facility to comprehensively cover all areas, which will be Digital Watchdog 1080p IP Dome Cameras, and there will be a License Plate Reader Camera facing the parking lot of the facility. Outdoor cameras will be rated for outdoor use and weather-resistant and waterproof. The camera types shall be:
(i) 2MP Dome with Infrared; (ii) C1D1 explosion-proof camera, (iii) 5MP 360° with Infrared.

In compliance with BMC §17.53.10(E)(5), Camera coverage includes locations where cannabis goods are weighed, packed, stored, loaded, and unloaded for transportation, as well as any areas where they are prepared or moved within the premises. The system must also cover limited-access 926
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areas, security rooms, and areas where a surveillance-system storage device is kept, ensuring at least one camera records access points to the secured surveillance recording area. Additionally, all entrances and exits to the premises, as well as waste containers, must be under video surveillance.

MAINTENANCE OF VIDEO FUNCTION
Per BMC §17.53.10(E)(9), Flower Dept shall contract with a professional, reputable company to install and maintain a fully operational digital video surveillance and camera recording system.

Inspection, Servicing, and Records Retention
The security alarm and surveillance systems will be inspected and tested annually by qualified vendors, with monthly maintenance inspections to ensure proper operation and timely repairs, alterations, or upgrades. Records of all inspections, servicing, alterations, and upgrades will be retained for at least seven (7) years and made available to the DCC upon request. In the event of a mechanical malfunction expected to exceed eight hours, the DCC will be notified immediately, and alternative security measures may include facility closure.

Flower Dept will maintain a secure electronic back-up system for all electronic records and provide screen captures of video surveillance recordings within 24 hours upon request. If notified of a pending investigation, an unaltered copy of relevant recordings will be retained for seven (7) years or until the investigation is closed. Commercial-grade doors and locks will be installed on all external doors, with keys or key codes held by authorized individuals. During non-working hours, all entrances and exits will be securely locked.

Access and Security Maintenance
Access to rooms containing security alarm and surveillance monitoring equipment will be limited to essential personnel, law enforcement, service employees, and authorized agents of the DCC. A current list of authorized employees and service employees or contractors with access to these areas will be maintained and available upon request. Rooms housing security equipment will be locked at all times and not used for any other purpose. Point of sale systems will be routinely inspected to confirm the absence of malicious software, with each inspection documented and retained for a minimum of seven years.

Per BMC §17.53.10(E)(6), all cameras installed inside and outside the facility shall be continuously recording twenty-four (24) hours a day.
• The digital video surveillance shall have a minimum camera resolution of 1280 x 720 pixels and shall record at a minimum of 15 frames per second. • Per BMC §17.53.10(E)(7-8), all video recordings shall be maintained securely and confidentially by Flower Dept for no less than ninety (90) calendar days. • The surveillance system storage device or the cameras shall be transmission control protocol (TCP) capable of being accessed through the internet and remotely. 927
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• Each camera shall be permanently mounted and in a fixed location. • Each camera shall be placed in a location that allows the camera to record activity occurring within 20 feet of all points of entry and exit and allows for the precise and specific identification of any person and activity in all areas under video surveillance. • The storage device which holds the surveillance recordings shall be stored securely to protect the recordings from tampering, damage, or theft. • The recorded images shall clearly and accurately display the time and date, measured under the United States National Institute Standards and Technology standards as per BMC §17.53.10(E)(11).
• The video surveillance system shall be equipped with a failure notification system that provides notification to the Cultivation Manager of any interruption or failure of the video surveillance system or storage device as per BMC §17.53.10(E)(12). • In compliance with as per BMC §17.53.10(E)(13), all video surveillance equipment shall have sufficient battery backup to support a minimum of four (4) hours of recording in the event of a power outage. An electronic access panel will not solely control access doors on the premises to ensure that locks are not released during a power outage. • The permitted premises shall have a sign posted in a conspicuous place near each monitored area on the interior and exterior of the premises. They shall not be less than twelve inches (12”) wide and twelve inches (12”) long, composed of letters not less than one inch (1”) in height, stating 1) “All Activities Monitored by Video Camera” or “This Premises is Digitally Recorded,” or otherwise advising all persons entering the premises that video surveillance and camera recording system is in operation at the premises and recording all activity, and 2) “Limited Access Area- Authorized Personnel Only.”

DIGITAL STORAGE
The video surveillance shall be digitally stored on hard drives located in the Management Office within the building on storage systems specifically designed for digital surveillance systems.

Surveillance video recordings shall be maintained for a minimum of ninety (90) days. On an ERack Network, Video Recorder capable of 110 Management will keep a map of the camera locations, the direction of camera coverage, and the assigned camera numbers. Management will keep surveillance equipment, maintenance activity logs, and operating instructions for the surveillance equipment. Management will hold a user authorization list of individuals who have access to the surveillance system, including, but not limited to, the secured area for recording and monitoring equipment and physical media and surveillance recording storage devices. All surveillance information will be made available upon request of city officials without a search warrant, court order, or subpoena.

As per BMC §17.53.10(E)(10), surveillance recordings are subject to inspection by the City, and shall be kept in a manner that allows the City to view and obtain copies of the recordings at the 928
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licensed premises upon not less than 24 hours advance notice. Flower Dept shall also send or otherwise provide copies of the recordings to the City upon reasonable notice by the City.

The video surveillance system shall have software to allow immediate playback and indexing to whatever time is requested. Such files shall be easily downloadable into a USB drive or similar electronic media storage for Department inspection.

The video surveillance system shall employ an IP addressable DVR that will allow certain authorized licensees to access video surveillance feeds via a password login.

VIDEO MONITORING
All video surveillance will be monitored by security personnel from the Central Security Control Room. Security personnel will have direct contact lines to local law enforcement authorities to report any suspicious activities or emergencies. All Video Monitoring will always have a direct live feed to the Banning City Police Department.

There will be at least one Panic Button at the front Reception Desk. When evaluating the final built-out cultivation space, we may determine if additional Panic Buttons will be included. All staff will be trained on the proper use of panic buttons and the processes that follow if a panic button is activated. A silent panic alarm shall immediately send a signal to a central monitoring and then upon protocol, to law enforcement.

Daily surveillance reports are created and stored by the security personnel, which are then shared with the Cultivation Manager for review. All reports will be available to the Banning City Police Department upon request.

In addition to constant monitoring during business hours, a video feed failure message will be sent to designated managers and security personnel whenever a failure of the video system occurs. This is similar to the alarm system, which triggers an alert whenever a power failure or signal failure is detected.

ALARM SYSTEM
The facility will be monitored by a burglar and fire alarm monitoring company 24/7, that is experienced and licensed by the Department of Consumer Affairs, BSIS as per as per BMC §17.53.10(F)(1). Sensors will be installed at all entry points, and motion detectors will be installed to cover all areas of the facility. The licensed alarm monitoring company will monitor and perform monthly service on the system. The system will be put into test mode and tested at least once a month for any failures. An alert will automatically be sent to designated company personnel by the alarm company when communications or power is lost. On-site, an audible signal shall be emitted in the event of power loss and communications breakdown with central monitoring. Realtime monitoring is part of the alarm company contract. 929
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MONITORING AND TRACKING INVENTORY

INVENTORY CONTROL
Receiving And Tracking Cannabis Inventory
Flower Dept will maintain an active account with the METRC system to track and trace all cannabis sales and will document the location, amounts, and descriptions of all cannabis inventory and sales historical transactional data. Flower Dept will arrange all cannabis purchases using the track and trace system for inventory management and compliance and will perform Flower Deptwide product inventory reconciliations at least once every 30 days. Two employees will independently perform inventory reconciliations, and problems will be reported to the Security Manager. Results will be stored and provided to the City or the DCC upon request. If a significant inventory discrepancy is discovered, Flower Dept will notify the DCC and local law enforcement within 24 hours.

Cannabis Secure Storage Policies
The Vault has been designated to store all usable, quarantined, and pending-disposal cannabis in the facility after business hours. Flower Dept will not store cannabis or cannabis products outdoors; all operations will be performed within an enclosed building. No cannabis will be visible from the exterior of the premises. Safes and vaults will comply with UL burglary-resistant and fire-resistant standards. Drywall in the walls and ceiling of the Vault will be reinforced with maximum-security ASM .75-9F fire-resistant mesh. All cannabis waste will be tracked in the inventory control system. Flower Dept will ensure that all cannabis waste is rendered unrecognizable and unusable.

NOTIFICATION PROTOCOLS
Flower Dept notifies the local licensing authority and the appropriate law enforcement authorities within twenty-four hours:
• After discovering if there are any significant discrepancies identified during inventory. • Of any diversion, theft, loss, or any criminal activity involving the facility or any employee or agent of the cultivator.
• Lastly, but not limited to the loss or unauthorized alteration of records related to cannabis, employees or agents.
• or any other breach of security.

If a significant discrepancy is discovered (meaning a difference in actual inventory compared to inventory records of at least 3% of the average monthly sales), Flower Dept shall notify the Department and law enforcement consistent with applicable regulations. The Cultivation Manager shall be responsible for making any necessary changes to inventory procedures and direct the 930
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retraining of personnel immediately upon discovering a problem in the inventory procedures. Any subsequent changes to inventory procedures shall be documented and logged.

PERSONNEL SECURITY
The perimeter of the premises will be designed and maintained to safeguard staff and visitors and to secure the facility from theft and diversion of cannabis goods. Flower Dept will have a responsible person on the premises to act as manager and supervise the employees at all times during hours of operation. At least two employees will be on-site during regular business hours to ensure accountability and safety. All areas of the premises will be maintained free of trash, litter, and debris and kept clean, orderly, and attractive, and all facility floors, walls, and ceilings will always be in good repair. All graffiti on the premises will be removed within 48 hours.

COMMERCIAL GRADE LOCKS
Flower Dept will proactively limit concealment outside the premises. No door or access point within the premises will be blocked or obstructed by interior or exterior security gates, grilles, or shutters during hours of operation. Exterior windows will be burglar-resistant and secured with glass break sensors. Shutters may be installed in the interior and will not be vulnerable to tampering outside the building. Steel bollards or similar physical barriers will be installed to prevent vehicles from driving through doors. Flower Dept will install commercial-grade, non-residential metal doors, hinges, and Grade 1 ANSI-rated door locks on all exterior doors unused for public entry and every door leading to a limited-access area. These 16-gauge steel security doors will be on a metal frame with hinges on the door's interior to prevent forced entry. Exterior locks will be shielded with metal plates to prevent manipulation from the outside. All exit doors will be manually operable during power outages.

Additionally, exterior doors shall be adequately equipped with panic hardware as required by all applicable state codes. Entrances into our facility shall always be locked with entry strictly controlled. A “buzz-in” electronic/mechanical entry system shall be utilized to limit access to the facility.

All internal doors will be sealed and heavy-duty interior doors. All doors will remain locked from the outside to prevent unauthorized ingress. Ingress shall be allowed by means of a remote release operated from within the location.

In all cases, doors shall remain openable from the inside to allow egress without the use of a key or special knowledge. If installed, access-controlled egress doors shall comply with Section 1008.1.3.4 of the California Building Code. Windows and roof hatches will be secured from the inside with bars to prevent unauthorized entry and shall be equipped with latches that may be released quickly from the inside to allow exit in the event of an emergency in compliance with all applicable building codes.
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All points of entry are secured with bars, retractable, folding, or sliding metal gates, or metal rollup or accordion doors, none of which will be visible from the exterior.

SIGNAGE REQUIREMENT
As stated above, the premises shall have signs posted in a conspicuous place near each monitored area on the interior and exterior of the premises. They shall not be less than twelve inches (12”) wide, and twelve inches (12”) long, composed of letters not less than one inch (1”) in height, stating “All Activities Monitored by Video Camera” or “This Premises is Being Digitally Recorded,” or otherwise advising all persons entering the premises that a video surveillance and camera recording system is in operation at the premises and recording all activity.

Flower Dept will designate certain areas of the facility as limited access areas with visible signage posted. Restricted access areas shall be clearly identified by the posting of a sign which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one-half inch in height, which shall state, “Limited Access Area—Authorized Personnel Only.”

LIGHTING
In compliance with BMC §17.53.10(H), Flower Dept’s ingress and egress points, Flower Dept will comply with the city’s lighting standards regarding fixture type, wattage, illumination levels, and shielding, regarding “Light Pollution.”
Flower Dept will use motion-activated lighting to increase camera clarity and to ensure proper surveillance during hours of darkness. The lighting system will be directed downward with an average horizontal illumination of at least one foot-candle of light illuminated at night to a minimum of 500 lux. Lighting will cover all entrances and exits, possible intrusion points, sidewalks and adjoining sidewalks, facades, parking lots, immediate surrounding areas, and exterior walls. The lighting system will have a dependable auxiliary power source independent of the power system.

The facility will be lit by exterior lighting between the hours of dusk and dawn, 365 days a year.

There may be occasions (e.g., inclement weather) when the lights are required to be used during the day, which will be at the judgment of the Cultivation Manager.

We will be using LED 4000K Flood Lights supplied by GE. These lights offer 11 years of light life (50,000 hours) and are widely used to illuminate similar buildings in the industry. The LED lighting solution selected considers security and safety requirements, design, energy efficiency (reduced carbon footprint), and uniform distribution of light (to aid security cameras and minimize ‘dark areas’ which become potential security breaches).

The lights have a die-cast aluminum housing and a slim architectural design that incorporates an integral heat sink and light engine, ensuring maximum heat transfer, long LED life, and a reduced Effective Projected Area (EPA). Lights meet 2g Vibration level per ANSI (C136.31 – 2010). The 932
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lights are rated at -40 degrees to 50 degrees Celsius and are fully compliant with all industry standards. The lights will be mounted on the building’s exterior and wired with a cable to the building’s power.

FACILITY ACCESS PROTOCOLS AND STAFF IDENTIFICATION MEASURES

ACCESS CONTROL AND INTERIOR ENTRY KEYCARDS
Flower Dept will implement appropriate security and safety measures to deter and prevent the unauthorized entrance into areas containing cannabis and the theft of cannabis. Flower Dept will implement employee, visitor, and facility security policies by installing an access control system regulated by proximity-access keycards, such that entry into each room will be logged and authenticated for each employee. Incorrect credentials will be logged as well, and access will be scheduled to shift hours only. Stolen or lost keycards or other access credentials will be terminated by the Security Manager or other authorized administrators.

Flower Dept will limit entry into areas where cannabis is held to authorized personnel. All areas within the licensed premises where cannabis is cultivated, stored, or worked with will be considered an age restricted limited access area. Flower Dept will not permit an individual less than 21 years of age to enter, or be within, a limited access area. Highly restricted rooms will use two-factor authentication, such that each employee will be given an access proximity security card that will grant access to specific areas the employee is authorized to enter when used with a security PIN code specific to the employee.

EMPLOYEE BADGES
All employees shall wear and display a laminated or plastic-coated identification badge issued by Flower Dept, always while at the facility, and during transportation or delivery of cannabis goods.

The identification badge shall, at a minimum, include Flower Dept’s name (and “doing business as” name), city license number, state license number, employee’s first name, unique employee number, and a color photograph that clearly shows the full front of the employee’s face that is at least one inch (1”) in width and one and a half inches (1.5”) in height.

The Head of Security shall be designated to manage the badge system. Only the Head of Security (HOS) may make changes and issue employee badges according to changing responsibilities and/or leaves employment. HOS shall make changes to the approved roster of authorized personnel in accordance with those changes.

PERIMETER ENTRY AND ACCESS
Flower Dept will keep access from outside the premises to a minimum and ensure that access is well controlled. During non-working hours, entrances to and exits from the site will be securely locked. This will ensure the premises and all access doors remain secure in the event of an 933
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interrupted power supply. All exterior doors and windows will be alarmed and secured against entrance or breakage. Keys and key codes for all doors will remain in the possession of the designated authorized individual.

All entrances will have controlled access via proximity and PIN code lock technology. Exterior doors will be protected by 16-gauge steel security doors that are rated for 60-minutes forced entry resistance. Locks will be shielded and hinges will be placed inside the facility.

VISITOR MANAGEMENT
A person that is not a holder of a valid employee identification card of the Flower Dept is prohibited from accessing the premises unless they receive authorization and obtain a visitor identification badge from the premises. All visitors will be required to sign a visitor log upon entering and leaving the premises. Flower Dept’s visitor/vendor log will contain the following information: Badge Number, first and last name, company or agency, purpose of visit, areas of the site visited, escort name, time of arrival and of departure, and signature. Visitors will wear disposable pocket-less coveralls with shoe covers to limit contamination. Visitors will be escorted by a guard or employee at all times.

The visitor log will be available for inspection at all times. The visitor log will be maintained for five (5) years and made available to the DCC, law enforcement, and other state or local government All restrooms at Flower Dept will remain locked and under management’s control. Employees will use key cards for access and will escort any visitors in restricted areas.

LIMITED ACCESS AREAS POLICIES
Flower Dept will designate certain areas of the facility as limited access areas and will have in place the following policies:
• Flower Dept will only permit authorized individuals to enter the facility’s restricted access areas.
• Authorized individuals include employees as well as any outside vendors, contractors, or other individuals who have a bona fide business reason for entering the limited access area and are always accompanied by an employee.
• No unauthorized individual shall be allowed access to or enter the facility’s limited access areas.
• An authorized visitor shall always be escorted by a company employee(s) the individual is in a limited access area.
• All individual that enter the limited access areas shall be at least 21 years of age. • Flower Dept shall maintain a log of all authorized visitors that enter the facility limitedaccess area (and the employee that accompanied the visitor). These logs shall be made available to the Department upon request.
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• Flower Dept shall not receive consideration or compensation for permitting an individual to enter the facility’s limited-access area.

BACKGROUND CHECKS & LIVE SCANS
Every person listed as an owner, manager, or supervisor of the commercial cannabis business must submit fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the City of Banning Police Department pursuant to California Penal Code Sections 11105( b)( 11) and 13300( b)( 11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal-level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be sent to the Federal Department of Investigation.

According to California Penal Sections 11105( b)( 11) and Page 32 13300( b)( 11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a commercial cannabis business unless they have first cleared the background check, as determined by the Chief of Police or their designee(s).

A fee for the cost of the background investigation, which shall be the actual cost to the City of Banning to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted.

A log of all background check documents shall be held by both the Head of Security and the Cultivation Manager at Flower Dept

EMERGENCY CONTACTS
A list of emergency contacts will be listed at the facility to include local Police and Fire Departments, Utility Providers, Health Care and Hospitals, and the Cultivation Manager.

STORAGE

STORAGE OF CANNABIS AND CANNABIS ITEMS
Flower Dept’s storage policies are designed to ensure that storage areas of all cannabis are kept in a secured manner during business and non-business hours. Flower Dept will establish a standard operating procedure for the quarantine of any cannabis seed, cutting, clone, immature cannabis plant, batch of cannabis, or manufacturing material. Flower Dept will also provide segregated storage rooms for all items such as the ones listed below:
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• Newly received manufacturing materials or components and newly received cannabis seeds, cuttings, clones, immature cannabis plants, or usable cannabis. • Batches of usable cannabis awaiting release for distribution pending written reports confirming they meet specifications.
• Any usable cannabis suspected but not yet confirmed to be contaminated, including usable cannabis returned as part of a complaint or recall process. • Usable cannabis, components, or materials that have been confirmed to be contaminated, including, but not limited to usable cannabis that fails testing or is returned as part of a recall, and will be stored with cannabis waste in a waste area until destroyed and rendered unusable.

Safe Storage
Following cultivation, all cannabis will be stored in a secured and locked safe room, safe, or vault, and in a manner to prevent diversion, theft, and loss. Flower Dept intends that all cannabis products outside the Vault, including quarantine and pending disposable cannabis, will be secured and stored in a UL TL-rated (TL-30) safe with an Underwriters Laboratory 5-minute time delay Group 1 outside lock.

All of the storage safes for cannabis will use UL Group 1 outside combination and PIN code locks to secure the safe door. A Group 1 combination lock is resistant to skilled manipulation attacks for up to 20 hours. All safe locks will also be installed with a 5-minute time delay before unlocking the safe to increase the length of time needed to open the safe.

Climate Control
UL-rated HVAC vents will be installed in the Vault to ensure that cannabis does not degrade. All cannabis and cannabis products that require refrigeration will be kept in a refrigerator unit that is secured to the ground. The door of the refrigeration unit will be secured and protected from being compromised by a pry device. The temperature will be set to maintain the highest integrity of the cannabis at all times.

CYBERSECURITY
Flower Dept will take all necessary steps to protect the information of its visitors, vendors, employees, owners, board members, and other individuals who have shared sensitive information.

Flower Dept will limit the use of passwords to registered, authorized employees. Access to the security equipment and computer will be password protected. Management will be required to safeguard this password by keeping it confidential and not writing it down in an area that could be accessed by others. Files for inventory and finances will be backed up to a secure cloud server.

Internet use on any device will be restricted to business related tasks and will not be used for personal use. The video surveillance system will use a hidden network separate from other systems 936
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requiring IP bandwidth. Flower Dept will also use anti-virus, anti-malware, online security software to scan for potential cyber threats to ensure premium cybersecurity.

PERIMETER SECURITY

EXTERIOR OF BUILDING
To provide for the safety of the public, employees, and product inside the facility, Flower Dept understands that this requires the exterior building to be safe and secure. Employees must feel safe when accessing and exiting the building, community members must feel safe when driving and walking by the facility.

MOTION DETECTION
We will install Motion Detection sensors around the building and on the roof of the building, which shall activate an alarm if triggered. These will be appropriately installed by a State-Licensed Security firm and tested every 3-months.

LOITERING
Our company shall prohibit loitering by persons outside the facility both on the premises and within fifty feet of the premises. Security guards patrolling the exterior of the premises periodically will ensure that people do not congregate around the building entrance, or in the vicinity. Security will also ensure that parking lots do not become areas of the unnecessary congregation and that no cannabis is consumed in the parking lots, or anywhere around the exterior of the premises, including nearby neighboring structures.

VISIBILITY OF PUBLIC ENTRYWAY
Flower Dept will ensure its premise public access entryway is safe, easily accessible, handicap accessible, and does not cause excessive levels of attention or attraction.

LOADING & UNLOADING
The facility will utilize the main front entrance for loading and unloading of product deliveries and distributor pickups. The area will be secured at the time loading/unloading occurs by security guard supervision.

EMPLOYEE THEFT REDUCTION MEASURES
The third-party security company contracted by Flower Dept has created policies and standard operating procedures on behalf of Flower Dept that all employees shall review, acknowledge, and enforce. The operating procedures include guidelines regarding the following: (1) Employee Theft and Fraud Policy; (2) Security Awareness; (3) Internal Larceny; (4) Outside Authorities Access; 937
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(5) Secured Areas Access Control; (6) Delivery Monitoring; (7) Video Surveillance; (8) Cash Handling Procedures; (9) Securing Product Deliveries; and (10) Securing Armored Cash Pickup.

Flower Dept’s Cash Handling, Inventory Audit, and Product Access restriction policies and procedures will significantly reduce the opportunities in which employees will have access to restricted products.

Flower Dept utilizes the approved METRC system to tag and track all plants at the facility. Flower Dept’s use of this system will provide accurate inventory accounting, making it less likely employees will engage in theft.

While cannabis security and inventory shall be every employee’s responsibility, Flower Dept shall designate one Inventory Manager specifically tasked with overseeing weekly, monthly, and annual.

Physical inventory checks will be conducted at least every two weeks and will be properly documented. A full inventory will be taken annually, overseen by the Product Inventory Manager, and tracked by inventory software.

ONSITE SECURITY GUARDS

SECURITY GUARDS
Flower Dept will contract licensed security guards to guard the premises during all hours of operation. Security guards will maintain an overt, professional appearance, establishing a peaceful, safe, and reassuring presence. This presence will discourage loitering, suspicious activity, criminal behavior, theft, and diversion of cannabis products.

Security guards will be of the highest caliber in their selection and training in both conflict resolution and safety — acting as a deterrent yet able to render aid and protect when necessary.

During business hours, security guards will be responsible for:
• Monitoring activity within the premises
• Monitoring the perimeter for suspicious persons or activity • Remotely opening the gates when needed
• Ensuring the security systems operation
• Conducting alternating internal and external patrols at least every two hours • Confirming individuals are authorized to access areas they are in • Requesting identification from unfamiliar individuals • Confirming procedures are being followed
• Checking for damage to infrastructure
• Reporting any intruders or emergencies immediately
• Keeping security logs including name, date and time, and all areas patrolled/monitored. 938
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Flower Dept currently plans to contract with a local licensed security agency with knowledge of the cannabis industry.

A Security Manager will be designated to provide leadership and training to employees, to ensure a secure environment, and to prevent product diversion, theft, and loss. The Security Manager will always have a direct line to guard company management in the event of an incident or missing shift. The Security Manager will lead efforts to implement security measures that protect the premises, consumers, and cannabis business personnel.

Flower Dept will hire or contract for at least one Security Guard during operating hours. Guards will be at least 21 years old, licensed by the Department of Security and Investigative Services (BSIS), and will not possess firearms or tasers. Guard shifts are eight hours but may be extended in case of emergency or need.

NUMBER OF GUARDS
Flower Dept anticipates between 1-4 security guards on site 24 hours a day, 7 days a week with at least 1 security guard with a patrol car if available.

GUARD SHIFTS
Guards will work on two, eight-hour shifts, morning shift from 6am-3pm, and evening shift from 2pm-11pm (including 1-hour break). One guard will remain at the facility during all nonoperational hours.

RESPONSIBILITIES
Security Guards will be responsible for overall site and perimeter security.

All security guards employed at Flower Dept will be licensed by the Department of Security and Investigative Services (BSIS) with a valid Department of Consumer Affairs Security Guard License (‘Security Guard Card’). Flower Dept Security Guards will also undergo additional training by BSIS certified trainers and other specialist providers. Such training shall include, but not be limited to: threat assessment, risk mitigation, visitor management, systems, hardware and critical incident management.

All security guards must be at least 21 years of age, have undergone a criminal history background check through the California Department of Justice (DOJ) and the Federal Department of Investigation (FBI), and complete the Power to Arrest Training, which includes:
• Thirty-two hours of training in security officer skills; and • Eight hours of continual training which must be completed annually 939
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Guards provide onsite and neighborhood security within a two-block radius of the business during hours of operation. Security guards will maintain an overt, professional appearance and establish a peaceful, safe, and reassuring presence. This presence will discourage loitering, suspicious activity, criminal behavior, theft, and cannabis diversion. Security guards will also assist management with the execution of emergency procedures during events such as severe weather, evacuations, medical emergencies, robberies, active shooter situations, and power outages. Flower Dept’s guards will prevent nuisance from occurring on the premises. Additionally, security guards will: ensure that no person consumes cannabis or cannabis products on the premises, stores or possesses alcohol, or the sale, dispensing, or consumption of alcoholic beverages or tobacco products on the premises; prevent individuals from delaying or lingering on the premises without a lawful purpose; and ensure that nonauthorized individuals enter the premises. Flower Dept will immediately notify the PD of any suspected illegal activity or threat of criminal activity.

EMPLOYEE TRAINING AND POLICIES
Flower Dept will create a staff training program tailored to its SOPs and risk assessments. Flower Dept’s management and Security Manager will assist with required trainings, including:
• Product Handling – Flower Dept will train employees about the various strains, including potency, absorption time, and responsible and safe use. • Burglary Protocols – Employees will be trained to act based on the alarm location, establishment design, and potential threat of violence and to send police to the scene. • Robbery Protocols – Employees will take online training outlining steps to get the robber(s) out of the store as quickly as possible.
• Active Shooter – Flower Dept will employ tactics focused on protecting the safety of personnel and visitors onsite. Employees will be trained in the “Run–Hide-Fight protocol. • Preventing Inebriation – Employees will be trained to recognize and respond to the signs of intoxication from alcohol, drugs, or cannabis.
• Diversion Prevention – Employees will be trained to identify and report signs of theft and diversion, including employees: alone in unauthorized areas; using equipment not required for their role; and spending more than their salary would accommodate.

CASH HANDLING
Cash management at the cultivation site is handled with strict protocols to ensure security and compliance. Since cultivators typically do not handle large amounts of cash regularly and only acquire cash after the harvest, the presence of cash on-site is minimal and infrequent. When cash is on-site following a harvest, it is immediately secured in a designated vault that meets industry standards for safety and security. The vault is monitored 24/7 through a comprehensive surveillance system, and access is restricted to authorized personnel only. 940
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Cash is promptly transported off-site by a licensed and insured cash transport service to a secure financial institution. During the transfer, rigorous security measures are employed, including armed escorts and the use of armored vehicles. Detailed records of all cash transactions are maintained, including amounts received, dates, and transportation details. These records are audited regularly to ensure accuracy and compliance with both internal policies and external regulations. The cultivation site’s cash management procedures are designed to minimize risk and maintain the highest standards of financial integrity.

SECURITY AND SAFETY TRAINING
The Security Manager will train employees to prepare for, protect against, and handle any crises that impacts the security or operation of the premises in the event of fire, flood, or other natural disaster, or other situations of local, state, or national emergency. To optimize safety and reduce diversion, employees will be trained on specific procedural instructions for responding to each emergency, including the following scenarios.

Armed Robbery Response
Flower Dept feels that educating employees on best practices during an armed robbery may minimize the risk of injury during a robbery. Employees will acquire the knowledge, procedures, and confidence to respond to a robbery safely and effectively via six steps learned in an online robbery-awareness training course.

Workplace Violence
If another employee, visitor, vendor, or a guest becomes aggressive or violent, a manager must be notified immediately. Management will be trained by a security consultant on how to deal with workplace violence, emphasizing de-escalation.

Emergency Evacuation Protocol
In case of fire, bomb threat, or other hazardous emergency, an evacuation protocol will be used to move employees from the facilities to an external rallying point. Employees will be briefed on predetermined evacuation routes and periodically rehearse.

Severe Weather Shelter Protocol
Upon the initiation of shelter protocol, all employees will cease all work activity and assist visitors to pre-determined hardened shelter and await further instructions. Employees will remain at the pre-determined rallying site until all employees have been accounted for.

Power Outage
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If there is an unexpected loss of power, designated employees with flashlights will direct all employees and visitors to a designated area until power resumes. A battery backup will be available from each security system until the generator can start.

Active Threat Protocols
If an active threat is witnessed or reported within reasonable proximity of the facility, a lockout protocol will be initiated to safeguard everyone within the facility. All exterior doors, gates, and windows will be locked and secured. No one will be allowed into or out of the facility until the situation that caused the lockout is resolved.

Civil Unrest Response Procedures
If looting or civil unrest appear to be a possibility in proximity to the premises, Flower Dept will implement civil unrest preparations to divert attention and limit damage. If civil unrest occurs during business hours, Flower Dept will follow severe weather protocol and monitor the news for updates or instructions from authorities.

Chemical Spill
Flower Dept will establish a chemical spill response plan and employees will be trained to deal with both minor and major chemical spill incidents. This chemical spill plan will include information about all chemicals stored on-site, evacuation plans, emergency and management contact information and instructions about proper containment, cleanup, and disposal of spilled materials and equipment.

Security and emergency response training is only part of the comprehensive training required for all employees. In developing our official safety and security policies, we consult with local law enforcement. We also work with local police to create practical ongoing employee training seminars and practices. Especially in developing our policies and training procedures on crime prevention and security threat response, we seek the involvement of local law enforcement. All emergency procedures will be rehearsed in periodic drills.

EMERGENCY CONTACT
Flower Dept provides the city with the name, telephone number (both landline and mobile, if available) of an onsite employee or owner to whom emergency notice can be provided at any hour of the day.

EMPLOYEE SAFETY & HYGIENE
Flower Dept adheres to policies and procedures to help prevent contamination of any cannabis product. This includes but is not limited to hand washing, employee training, use of 942
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facemasks/gloves, prohibiting employees who are showing signs of illness, open wounds, sores, or skin infections from handling cannabis, etc.

DAILY PROCEDURES
Flower Dept has daily procedures to ensure clean and efficient operations. A monthly calendar will be maintained that tracks all activities related to maintaining a safe and clean facility.

WORKPLACE SAFETY AND ACCIDENT PREVENTION
A Workplace Accident and Injury Reduction Program will be put in place to ensure the appropriate controls are in place to maintain internal safety. A DR will be assigned with the responsibility for the overall implementation and execution of the program. All DRs will be charged with keeping safe working conditions through the policy described below.

CHIEF OPERATING OFFICER RESPONSIBILITIES
The Chief Operating Officer Antonio Simeone is responsible for ensuring the complete and thorough implementation of all internal safety procedures related to employees, assisted by the Designated Representative (DR) communicated with the State. Below is a summary of their responsibilities.
• Complete Start-Up Checklist – Create a start-up checklist of safety hazards to monitor and determine the correct method for compliance. Perform all the tasks identified on the startup checklist. • Track Corrective Actions to Completion - The need for action to correct workplace safety or health deficiencies may be identified and reported through workplace inspections, suggestions by management or employees, and accident investigations. Ensure that the person responsible for completing each corrective action is clearly documented. Report to the Cultivation Manager any required corrective actions that are not completed in a timely manner.
• Injury Reporting and Recording – All injuries and fatalities will be reported in accordance with State Law.
• Notify Accident Investigator - Notify the appropriate accident investigator of all accidents, injuries, illnesses, and near-miss incidents—file documentation of completed investigations in the [Accident Investigations] folder. • Team Lead and Manager Safety Training - Ensure that all team leads and managers are aware of their responsibilities under this Workplace Accident and Injury Reduction Program. Ensure that all team leads and managers are aware of the hazards to which their employees may be exposed and the controls necessary for their employees to work safely. • New Employee Safety Training - Provide employees with a copy of the Code of Safe Practices and perform all the training required. Perform additional training if employees 943
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are given new job assignments with additional hazards, when new substances, processes, procedures, or equipment are introduced into the work area, and when new workplace hazards are recognized. Have the employee date and sign a copy of the safety training certification (at the bottom of the training requirements form). File the completed form in the [Safety Training] folder.
• Start-Up Safety Training - Ensure that all employees receive initial safety training when this Workplace Accident and Injury Reduction Program are first established. • Hazard, Control, and Personal Protective Equipment Changes - Update this Workplace Accident and Injury Reduction Program to reflect any changes in the hazards to which employees are exposed, the engineering controls used to protect them from those hazards, or personal protective equipment they use.
• Perform Annual Review - Review the effectiveness of this program every year by completing the Program Review Checklist. Report the results of the review to the head DR, and place the completed checklist in the [Program Reviews] file. • Disseminate Internal Safety Inspections - Ensure that all safety inspections which are not performed by the safety committee are provided to the safety committee for review. • Disseminate External Safety Inspections - Ensure that the results of third-party safety inspections (e.g., government, the insurance company, etc.) are provided to the safety committee for review.
• Disseminate Accident Investigations - Provide the safety committee with the results of any accident/near miss investigations, which were not performed by the committee itself for review.
• Maintain Workplace Accident and Injury Reduction Program Files - Ensure that all documentation generated by this program is appropriately filed. • File Safety Inspections - Review all safety inspection checklists to verify that all hazards identified during the inspection have been corrected. Provide copies of the inspection checklists to the Safety Committee for discussion at the next meeting. File completed safety inspection checklists in the Safety Inspections folder.

ALL MANAGERS AND TEAM LEADS
Flower Dept recognizes that safety falls on the community. Therefore, in addition to the DR, all managers and team leads will be required to adhere to the following general practices to ensure that the workplace remains safe, and the appropriate monitoring and disciplinary mechanisms are in place.
• Set A Good Example - Set a good example by complying with all health and safety requirements established for employees. Act promptly to correct any health and safety issue that is identified.
• Follow-up on Unsafe Condition Reports - Follow-up on all unsafe conditions or near-miss incidents reported by employees. Report problems that are corrected immediately to the 944
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DR verbally. Issues that cannot be corrected immediately must be documented in writing and forwarded to the Workplace Accident, and Injury Reduction DR. Inform the Workplace Accident and Injury Reduction DR in writing when appropriate corrective actions are implemented.
• Enforce Code of Safe Practices - Discipline employees who do not comply with the Code of Safe Practices or behave unsafely in accordance with company discipline policy. At a minimum, discipline must include:
o Verbal warning and retraining for a first offense
o Written warning for a second offense (place copy in employee’s personnel file) o Suspension without pay or termination for subsequent offenses • Do not sanction employees who refuse to work in dangerous conditions until the hazards are corrected. Do not sanction or retaliate against employees who report workplace hazards in any way; they are required to do so by this program. • Imminent Hazards - In the event of an imminent hazard, which cannot be corrected immediately, stop work, and remove all exposed personnel from the area. Ensure that all employees assigned to correct the risk are provided all necessary safeguards. Report imminent hazard events to the Workplace Accident and Injury Reduction DR. • Process Changes - Notify the Workplace Accident and Injury Reduction DR of all changes to the work environment, which affect the hazards to which employees are exposed or the methods used to protect employees from those hazards. This Workplace Accident and Injury Reduction Program may need to be updated to accommodate the process changes.

CODE OF SAFE WORK PRACTICES
Below is the Code of Safe Work Practices that will be provided to all employees. • Follow All Safety Rules - All employees must work safely and follow all safety rules. • Workplace Accident and Injury Reduction Program Available - Flower Dept will have a written Workplace Accident and Injury Reduction Program that describes in detail the policies and procedures which are used to provide a safe workplace. • Report Unsafe Conditions or Actions - All employees must immediately report unsafe conditions or near misses to any manager or supervisor, the Workplace Accident, and Injury Reduction DR, or any safety committee member. A near miss is an incident where someone could have been hurt but wasn’t this time. It is essential to correct unsafe conditions or procedures before someone is hurt.
• Report all Injuries - Employees must report all injuries (no matter how minor) to their supervisor so that arrangements can be made for medical or first aid treatment. This includes illness or aches and pains that the employee thinks may be work-related, and that doesn’t go away normally. Do not disturb or clean up the scene of a serious accident (except to aid injured people or make the area safe) until an accident investigation has been completed.
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• Do NOT Work When Impaired - Employees shall not work when impaired by fatigue, illness, medication, or intoxicating substances such as alcohol. The use of illegal drugs is strictly prohibited.
• Housekeeping - Keep your work area tidy and free from unnecessary clutter and trip hazards. Clean up spills as soon as possible.
• No Horseplay - Horseplay is forbidden.
• Threats and Violence are Prohibited - Violence, threats of violence, and physical intimidation are prohibited. Employees who feel that a company employee, visitor, or client is potentially violent must immediately report their concerns to any manager or supervisor, the Workplace Accident, and Injury Reduction DR, or any safety committee member.

Employees who experience violence on the job or are threatened or experience physical or verbal intimidation must report this to their supervisor immediately. • Fire Extinguishers - Do not use a fire extinguisher unless you have been trained to do so.

Do not use a fire extinguisher to fight a fire unless you are very confident the extinguisher will safely put the fire out. Instead, report fires to your supervisor, and evacuate the building and summon the fire department if necessary.
• Eyesight is Precious - Always wear your eye protection when required. There are many types of eye protection available, tell your supervisor if your eye protection distorts your vision or gives you headaches.
• Computer Ergonomics - Employees should take the time to set up their computers comfortably. The keyboard and monitor should be directly in front of them so that they can work without twisting. The keyboard should be just below elbow height when sitting with their shoulders and arms relaxed at their sides. The top of the monitor screen should not be above eye level. If necessary, employees should raise their seats and use a footrest if their feet don’t rest flat on the ground. Employees should request a split keyboard or alternative mouse if their existing equipment generates wrist or arm discomfort. • Minimize monitor glare - Employees should arrange their workspace so that there is not excessive glare on their monitor screen from lights or windows. • Follow Security Procedures - Employees must strictly follow all security procedures.

Report any security lapses to your supervisor immediately. • In the Event of a Robbery - Remain calm and cooperate with the robbers. Do not respond or threaten.
• Inspect Power Cords - Never use electrical equipment unless the power cord and grounding plug (if present) are in good condition. Never use equipment that shocks you, even the small shock from a minor short will get worse in time. Report all problems with electrical equipment to your supervisor.
• Additional Information - Your supervisor will provide further information regarding emergency evacuation procedures and any other hazards or working procedures specific to your work area.
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EMERGENCY MANAGEMENT
Emergency situations and disasters can range from fires, robbery, injury, and severe weather, to security breaches and vandalism. Flower Dept will have an emergency response team that will manage all aspects of the given emergency. Initial emergency protocols are should always be followed first (security system activated, 911 called, etc.). Once an emergency is identified, the team will be responsible for communication to leadership, employees, and the community. The responsibilities for emergency communications are outlined below:
• Launch immediately after an emergency is identified.
• Provide a brief to senior management on the situation. • Identify and brief Flower Dept spokesperson of the situation. • Employee contacts will be stored in a single location, and we will utilize a phone tree to cascade down relevant information to employees.
• Communicate situation information and procedural instructions to employees and other stakeholders.
• Communicate with employee families and the local community. • Continually adapt to changing events associated with the emergency.

Emergency Exit Protocol
In the event of an emergency, the building may require evacuation. Situations requiring evacuation could be, but are not limited to the following:
• Natural gas leak
• Flammable liquid spill/and or release
• Power line failure
• Active Shooter/Hostage situation
• Hazardous chemical spill/and or release
• Flooding
• Fire alarm
Building Evacuation
All building evacuations will occur when an alarm sounds and upon notification by Flower Dept, Police Officer, or Fire Department personnel.
• When the building evacuation alarm is activated during an emergency, leave by the nearest marked exit and alert others to do the same.
• Elevators should never be used during an emergency evacuation situation. • Assist persons with disabilities in exiting the building. Two or three individuals may carry persons with disabilities from the building if the persons with disabilities cannot negotiate the stairs.
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• If persons with disabilities cannot be transported from the building without using an elevator – assist persons with disabilities to a safe area, notify emergency personnel immediately.
• Once outside, proceed to the designated gathering point. This should be a clear area that is at least 500 feet or further, depending on the type of incident, away from the affected building. Stay there. This designated area should be pre-determined by an office manager or supervisor.
• Keep streets, fire lanes, hydrant areas, and walkways clear for emergency vehicles and personnel. Know your area assembly points.
• Immediately notify emergency personnel of any injured persons and individuals remaining in the affected building.
• Do not return to an evacuated building unless told to do so by emergency personnel.

QUARTERLY EMERGENCY TRAINING
Flower Dept understands and subscribes to the belief that preparedness is best thought of as a process, that is, a continual sequence of analysis, plan development, and the acquisition of skills through training, drills, exercises, and critiques. Flower Dept will build the framework for responding to emergencies, crimes, and disasters, and ensure each employee is prepared to react and adequately trained to handle circumstances of duress. But just having a framework does not equate to prepared under duress; there must be actual training and drills, as well as open discussion and forum of potential dangers and disasters.

Flower Dept has established procedures for addressing emergencies and incidents, including natural disasters, fire, unauthorized facility access, theft of cannabis products, or release of confidential information.

The Security Manager is assigned responsibility for confirming the occurrence of an incident requiring the execution of this protocol and for ensuring the response protocol is followed. The Security Manager will notify appropriate law enforcement authorities within twenty-four (24) hours after the discovery of a reportable incident. All incident response and emergency activities will be documented. All documentation related to a reportable incident will be maintained for no less than seven years and made available, upon request, to local authorities, state authorities, and to law enforcement authorities acting within their lawful jurisdiction.

Primary Objective of Emergency Procedures
The primary emphasis of activities described within this protocol is the return to a normalized (secure) state as quickly as possible while minimizing adverse impacts to the facility. Flower Dept’s plan addresses incident identification, response protocols, containment activities, and corrective measures.

Incident Training Required
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All employees must be required to receive incident management training upon hiring and annually per the staffing and training policies of Flower Dept. The Cultivation Manager shall ensure the adequate training of employees. Third-party trainers may be utilized as necessary to ensure Flower Dept’s employees are ready for any situation.

Roles & Responsibilities
Flower Dept’s goal is to ensure the safety of its employees, vendors, and the surrounding community. Accordingly, each of its employees will have the following responsibilities:
• Each employee must be familiar with the contents of this plan and must know the location of alarms, utility cabinets, fire extinguishers, emergency exits, and first aid supplies. • Receiving training in using a fire extinguisher.
• If a management-level employee is not available to make an evacuation decision, all employees shall decide with the health and safety of employees and visitors as the primary consideration.
• Do not reenter the building or allow others to reenter during an emergency. Stay with vendors, authorized visitors, and other evacuated employees until directed by the Cultivation Manager.
• Flower Dept shall maintain and visibly post a current emergency contact list and evacuation plan. All employees should save emergency contact numbers on their cell phones. • Every employee must know the evacuation route and the location of the map. • Regular review of the facility floor plans, and evacuation plan maps must be completed by the Cultivation Manager and updated as necessary.

Management Responsibilities
To ensure appropriate and timely execution of the proper incident response, all executive employees and management-level employees must ensure Flower Dept does the following:
• Develops and maintains this Safety Plan continuously. Identify potential hazards, develop mitigation strategies and improve the response protocols accordingly. • Update management employees and training programs as needed. The building must be stocked with an emergency preparation kit including provisions for sequestration in the building if required.
• Maintains an updated emergency notification contact list and maintains an internal contact list and employee notification system via email and text messaging. • Visibly posts all evacuation routes and ensures all environmental detectors and alarms, emergency lighting and exit signs are operational.
• Confirms the occurrence of an incident requiring the execution of this protocol. • Secures all products following any instance of diversion, theft, or loss of cannabis and conducts an assessment to determine whether additional safeguards are necessary. 949
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• Collects any evidence supportive of the event (unless law enforcement is required and collects evidence).
• Supervises and direct the consistent, timely, and appropriate response to an incident. • Provides appropriate communication to parties having a vested interest in the incident. • Offers support to employees, visitors, or other interested parties as appropriate until the incident is resolved.
• Conducts a post-incident review and report making any necessary adjustments to security measures and procedures.

Safety Risk Assessments
The Security Manager will receive OSHA and PEOSH training to conduct quarterly safety risk assessments and conduct training on the proper use of security measures and controls ensuring that Flower Dept’s security policies are compliant with all applicable local and state regulations. All senior management will receive CPR, First Aid, and fire-extinguishing training.

Annual safety risk assessments will also be conducted by third-party vendors certified in relevant fields, including hazardous materials and fire protection. Risk assessments will be scrutinous of the site, inspecting Flower Dept’s cleanliness and sanitation, readiness and safety of areas of work, and any other areas pertinent to safety and security. Safety assessments will also be conducted after any incident, and solutions to liabilities or concerns will be addressed within 30 days following the review.

Incident Reports
Reports of emergencies and incidents may come from outside parties, employees, news sources, direct observation, or other sources. The primary objective for all employees is to determine if the problem being reported is an incident. In most instances, the problem being reported will not constitute an incident as defined within Flower Dept’s protocols. However, protocols can be a good guideline for dealing with other minor issues. No set of protocols will address every circumstance, and all employees must, in good faith, take all necessary and responsible actions.

Receiving External Reports
All employees are accountable for asking necessary questions about an incident, making a reasonable attempt at determining if an incident has occurred, recording facts and responses to questions, and forwarding pertinent information to a management-level employee or Cultivation Manager immediately. If the employee cannot reach the managers, an executive employee must be contacted. Employees’ duties include, but are not limited to:
• Familiarity with applicable protocols and the appropriate procedures. 950
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• Individuals reporting problems and/or incidents to an employee should be informed as to the reason for the questions, and all individuals should be encouraged to discuss the issue being reported openly.
• Any information provided by an individual that helps in the determination is of considerable value; the individual’s cooperation is critical, much appreciated, and should be recognized by the employee receiving the report.

Discovery and Internal Reporting
If the situation indicates that an incident may have occurred, employees should assume that an incident has occurred and performed the following activities:
• Obtain and record the contact information for the individual reporting the problem (name, telephone numbers, and email address).
• Record relevant information about the incident (e.g., time/date of suspected occurrence, type of information compromised, location of the compromise) in the Incident Report Log. • Inform the individual to expect contact from a member of management. • Request the individual to treat the incident as a confidential matter. • Notify the Management Employee immediately of the incident.

Assessment and Escalation
Except in the case of an emergency needing immediate attention, the Cultivation Manager will determine the category and severity of the incident and undertake discussions and activities to best determine the best course of action. All discussions, decisions, and activities are to be documented, as described herein. The Cultivation Manager is responsible for making an early determination if an incident has occurred or might be indicated.

Notification and Communication
The Cultivation Manager will take action to notify the appropriate internal and external parties as necessary.

Containment
The Cultivation Manager if available, will determine and cause to be executed and the appropriate activities and processes required to quickly contain and minimize the immediate impact on personal safety, the building, vendors, and other affected parties. Containment activities are designed to:
• Minimize harm to individuals.
• Counteract the immediate threat.
• Prevent propagation or expansion of the incident.
• Minimize actual and potential damage.
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• Restrict knowledge of the incident to authorized personnel. • Preserve information relevant to the incident.

Corrective Measures
The Cultivation Manager will determine and cause to be executed necessary activities to quickly restore circumstances to a normalized and secure state of operation. Corrective measures should be designed to:
• Secure the environment; and
• Restore the environment to its normalized state.

Notification Required
Any employee with the knowledge or reasonable suspicion of an incident (i.e., theft or diversion) is required to make an immediate report to the Cultivation Manager and record the incident in the incident report log. All incident activities, from receipt of the initial report through post-incident review, are to be documented by the Cultivation Manager.

ROBBERY
Managers will review the following procedures to be followed during the situation and immediately following the robbery.

Procedure During a Robbery
• Do not be a Hero or Heroine! Do nothing that would jeopardize your safety or the safety of others.
• Try to remain calm.
• If a firearm is displayed, assume it is real and loaded. • Make no sudden moves and remain calm. If the robber(s) have a weapon, those persons may use it if provoked or agitated.
• Activate alarms (where available) ONLY if you can do so safely and without detection. • Follow the robber(s) directions, but volunteer nothing more than you are asked. • Make no sudden moves. If you must put your hands into a pocket, or make any other moves, explain the action before doing it.
• If the robber’s hands you a note, drop it on the floor or place it out of sight to retain as evidence.
• Study the robber(s) as carefully as possible without being obvious. Note height, weight, race, age, clothing, jewelry, sex, speech characteristics, scars, tattoos, deformities, gait, and method of operation.
• Note the number of accomplices and where they stood. Pay special attention to the way the robbers address each other. Under stress, they may use real names. 952
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• Note the type of weapon used by the robber and where it was carried. • Note the direction in which the robber(s) departed and how any stolen items were carried away (sack, bank bag, etc.).
• Try to remember exactly what the robber(s) said.

FIRE SAFETY PLAN AND ALARM SYSTEM
Flower Dept recognizes that the presence of plant materials and various supplies could lead to fires in an environment that is particularly hazardous. Major risks of fire in cannabis cultivation environments include the gas-lines and the lighting units, as well as any portable sources of gas on the premises, such as propane tanks. Too many lights running in an enclosed space and on an overtaxed circuit could lead to a short circuit that could spark a fire in the cultivation environment.

Other fire hazards include combustible materials such as plant containers, packaging, plastic glazing materials, shade cloth, stored chemicals and fertilizers, and other plant materials. High temperatures resulting from operations, devices such as CO2 generators, heating appliances, sulfur pots, sparks from electrical equipment and wiring, oxygen, and even discarded cigarettes are other sources of fires according to the National Greenhouse Manufacturers Association (NGMA).

To quickly be alerted in the event of a fire, the alarm system will be directly connected to a robust smoke and fire detection system. Flower Dept procedure will require that if a single smoke detector sounds, an employee must immediately investigate the area where the unit is located to determine if there is an actual fire. Hand-held fire extinguishers will be available throughout the facility for those with proper fire safety training to put out a small fire. If no fire is located, the smoke detector will be inspected for functionality and the alarm company will be notified for service. If multiple smoke detectors sound, all employees and visitors must follow the established evacuation procedure. Management will be responsible for contacting the local Fire Department and all persons will be required to wait outside at a pre-identified marked location at a safe distance from the building until the Fire Department provides further direction.

Fire Response
All fire exits will be constructed so that the path to egress is obvious and direct, and all fire exit doors will swing open in the direction of egress. In the event of a fire, the nearest fire alarm will be activated, employees will calmly and orderly exit to the designated area of safe refuge, and immediately dial 911 to alert the local Fire Department.

FIRE PREVENTION & SUPPRESSION
The facility conforms to all local and state building and fire codes and fire suppression regulations.

High standards for fire safety will be developed to ensure that the facility can prevent and mitigate emergencies.

Developing these standards will involve:
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• Carrying out an assessment to identify possible dangers and risks. • Thinking about who might be particularly at risk, such as disabled employees. • Providing a plan for emergencies.
• Conducting a follow-up fire risk assessment and requiring regular periodic review of this assessment by all employees.
• Keeping records regarding all potential fire-related incidents and assessments.

Electrical Safety
Flower Dept will minimize workplace electrical hazards by specifying electrical equipment and designing electrical systems as required by the National Electrical Cod.

No Open Flames
Flower Dept has a strict “no smoking” policy to mitigate the risk of any open flames.

Minimizing Risks
To limit the risk of fires, Flower Dept intends to implement the following procedures:
• No storage of combustible materials or liquids
• Ensure doors, hallways, stairs, and other exits are kept free of obstruction • Not rely on extension cords if wiring improvements are needed • Not overload circuits with multiple pieces of equipment Training
Flower Dept will train all its employees on safety procedures and policies in the event of any firerelated emergency as follows:
• Employees will be made aware of the locations of circuit breakers and boxes; emergency phones; panic buttons; alarms; fire extinguishers; first aid kits, and the appropriate procedures for using these devices.
• Management will periodically test employees on their knowledge of fire safety matters within the facility.
• All employees are required to participate in fire drills to test their knowledge in practice.

Random drills conducted at least twice per year will give employees the opportunity to practice protocols and allow Flower Dept to assess the effectiveness of the training. • In the case that an employee does not implement emergency procedures properly, the employee will be required to review procedures and attend additional training and drill exercises.

General Evacuation
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All employees will receive instruction on the general evacuation procedures to be followed in case of a fire:
• How and where to assemble
• Whom to report to
• How to evacuate disabled persons

FIRE SECURITY PROCEDURES
The facility will comply with all local fire code requirements. Fire Prevention is a vital aspect of dispensing safely. As part of Flower Dept’s commitment to the safety of our employees, we have developed a comprehensive Fire Plan to address how fires will be prevented and managed/contained if they do occur. Knowing that people are our most valuable resources, all employees will be trained and required to conduct themselves with consistent due diligence to prevent fires from occurring.

Recognizing Fire Hazards
Housekeeping is an essential component of fire safety in our facility. Our facility will have the following policies in place:
• Work areas must be kept as clean as work allows.
• Space should be evaluated for fire hazards
• Unused combustible items, such as unused boxes, paper, and other flammable items, must remain clear of the workspace.
• Items being stored inside each building should not block access to fire extinguishers or other safety equipment. Flower Dept will equip all buildings with a Fire Extinguisher and Fire Alarm Pull Station.

When Fire Is Identified
Flower Dept recognizes that fires can be extremely dangerous. We will adopt and train to the policy below regarding our staff. When a fire is discovered, employees should do the following:

First, assist any person in immediate danger to safety if it can be accomplished without risk to yourself.

Second, activate the building fire alarm system or notify the fire department by dialing 911 (or designating someone else to notify them for you). When you activate the building fire alarm system, some, but not all, will automatically notify the fire department and get help on the way.

Only after having done these two things, if the fire is small, you may attempt to use an extinguisher to put it out. You should always be certain that you will not endanger yourself or others when attempting to put out a fire.
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Never Attempt to Extinguish a Fire if
You do not know what is burning. If you do not know what is burning, you do not know what type of extinguisher to use. Even if you have an extinguisher, there may be something in the fire which is going to explode or produce highly toxic smoke.

The fire is spreading rapidly beyond the spot where it started. The time to use an extinguisher is in the incipient or beginning stages of a fire. If the fire is already spreading quickly, it is best to simply evacuate the building, closing doors and windows behind you as you leave.

You do not have adequate or appropriate equipment. If you do not have the correct type or large enough extinguisher, it is best not to try to fight the fire.

What to do if
If your clothes catch on fire, the best thing to do is to find a safety shower.

If a safety shower is available, then immediately remove your outer clothing and use the shower long enough to remove any contaminating material and to cool the skin.

If there is not a safety shower nearby, then stop where you are, drop and roll on the floor, covering your face with your hands and roll back and forth to extinguish the flames.

Fire Extinguishers
All personnel will be adequately trained in the use of fire extinguishers and know where the closest fire extinguishers are located. Extinguishers should not be blocked access or covered up. Below are the methods that will be taught to employees regarding fire extinguisher use:

Pull the Pin
This will allow you to discharge the extinguisher.

Aim at The Base of The Fire
If you aim at the flames (which is frequently the temptation), the extinguishing agent will fly right through and do no good. You want to hit the fuel.

Squeeze the Top Handle or Lever
This depresses a button that releases the pressurized extinguishing agent in the extinguisher.

Sweep from Side to Side
Start using the extinguisher from a safe distance away, then move forward. Once the fire is out, keep an eye on the area in case it re-ignites.
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Emergency Egress
The Security Agent will regularly inspect the facility to ensure that all emergency exits are clear.

Additionally, the facility will have the appropriate lighting and directions placed in a clear location to evacuate the building in case of a fire safely. Employees will be trained on the following policies:
• Aisles need to remain clear so that there is a clear path of egress to emergency exits. • Do not wedge or block doors in the event of a fire.
• Make sure you are familiar with your building’s evacuation plan and know where exits are located and learn all the escape routes from your facility area • Leave immediately if the fire alarm sounds. Do not ever assume it is just a fire drill. • Ensure you take any personal belongings.
• Close all doors and windows on the way out.
• Make sure everyone in your area has been accounted for. Your manager may want to designate an assembly area outside to meet in the event of an evacuation. • Do not reenter the building unless authorized to do so.

Door Placards
Door placards provide critical emergency information to firefighters or other emergency personnel who need to enter the lab.

Flower Dept will ensure that door placards are updated a least once a year (or more frequently if the information changes).

This information will be available to the fire department in the event of a fire or other emergency.

HVAC
Ventilation and Inhalation Issues
Flower Dept will utilize a new AC unit configured for this space, with the addition of high-grade HEPA Filters added to the system for purification of the inside air.

HVAC Systems
The facility will be equipped with Energy Star HVAC technology, which allows an energyefficient means of controlling the facility’s climate, and the facilitation of proper ventilation to prevent the spread of unwanted odors. HVAC equipment will provide the following:
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• Analysis of systems and replacement of inefficient components 957
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• Use of programmable thermostats and controls
• Sealing and insulation of ducts and hot water pipes.

FIRE SUPPRESSION
Fire Extinguishers
Fire extinguishers are a necessary tool in controlling fires prior to the arrival of emergency personnel. Flower Dept shall install fire extinguishers in each room, and additional extinguishers as determined by the engineer and fire consultant. These extinguishers will be inspected annually and certified by a licensed company.

Fire Evacuation Plan
Flower Dept recognizes that the safe, orderly, and prompt evacuation of its employees, vendors, and any other building occupants depends upon the establishment of a safe and efficient emergency evacuation plan. Every employee will be trained in carrying out a safe and effective evacuation when the fire alarm sounds or when directed by a public authority or management representative.

The fire evacuation plan consists of the following:
• Flower Dept is a firm believer that emergency preparedness can mitigate the risk of various emergencies, especially fire. Accordingly, Flower Dept will ensure the following preplanning activities are conducted:
o Exits will be checked routinely to ensure there are always at least two unobstructed pathways.
o Periodic fire drills conducted to ensure employee and vendor familiarity. o Evacuation diagrams will be posted throughout the building.

Evacuation Process
Flower Dept will implement the following general policies relative to an evacuation process (these are subject to change in accordance with the emergency conditions and circumstances, and preservation of life shall always be the dictating determination for evacuation procedures):
• Upon discovery of fire or smoke condition, an employee shall immediately sound the alarm by activating the nearest pull station.
• Employees must leave immediately and never assume the alarm is a drill. • Employees will be trained to help others, but only if he/she can do so safely; and • Once outside, employees will meet at the designated assembly spot where the acting manager will conduct a headcount and report to authorities accordingly.

Sprinkler System
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The building will be fully sprinklered and sprinkler head relocation based on the new floor plan will be submitted for approval to the city. The primary purpose of the Fire Sprinklers is to protect employees, visitors, and the building in the event of a fire. The fire sprinkler system is monitored per code by a fire alarm system and with 24-7 central station monitoring. There are duct detectors located on the HVAC units and will provide a supervisory alarm to the central station and will shut down the AC units and any air movement in the building on alarm.

Portable Fire Extinguishers
Approved portable fire extinguishers will be supplied at the facility to give employees and management the means to suppress a fire during its initial or incipient stage. Flower Dept will ensure that all portable fire extinguishers are located where they are always readily visible and accessible. Proper maintenance of the installed portable fire extinguishers is the responsibility of the Cultivation Manager and will be included in their monthly checklist for the operations of the site.

Electrical: Wiring and Main Room
In accordance with Section 605 of the IFC:

Doors into electrical control panel rooms will be marked with a sign stating ELECTRICAL ROOM. The means for turning off electrical power to each electrical service and each electrical circuit must be clearly and legibly marked.

Security Gates & Egress Doors
Any security gates installed at the facility that impact any Fire Exit shall be approved by the City Chief Fire Marshal prior to installation.

A key box shall be installed on the site, which shall only be accessible by the Cultivation Manager and City Chief Fire Marshal (or any Fire Department officials approved by the Chief Fire Marshal).

The Chief Fire Marshal shall also be issued a Key Swipe Card that permits access to Levels 1-5 at the facility. The Chief Fire Marshal shall only be permitted to use such Swipe Card in the event of an emergency. Egress doors shall be allowed to open without the need for a key. These doors shall be easily opened without the use of a key. They shall be alarmed to prevent unauthorized use, and the security guards shall be briefed to physically check such doors midway through their shift to ensure they are kept shut. At the approval of the City Manager and Chief Fire Marshal, these doors shall have an electromagnetic lock and shall not be opened from the exterior of the building, without the use of a key.

Exits and Exit Signage
The number of exits at the facility shall be in accordance with Table 1006.2.1 and Table 1006.3.2(2) and Section 1017.2 of the International Fire Code (IFC). Accordingly:
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• All exits will be clearly illuminated by EXIT signage on the roof of the facility - signs will be clearly visible from both directions
• A Fire Exit Plan will be printed and appropriately displayed on the walls of the facility • Egress doors will be installed and required to swing in the direction of egress • All staff will be briefed on Fire Safety procedures, and a Fire Safety Exercise shall be conducted at least twice a year.

The facility will operate with a centrally monitored fire and burglar alarm system, and monitored by an alarm company properly licensed by the State of California Department of Consumer Affairs Department of Security and Investigative Services in accordance with California Business and Professions Code section 7590 et seq. and whose agents are properly licensed and registered under applicable law.

Intrusion Detection devices will be installed at all entry points, and motion detectors will be installed to cover all areas of the facility. A licensed and accredited company will monitor the alarm system and perform monthly service on the system. The system will be put into test mode and tested at least once a month for any failures.

All security guards employed at Flower Dept will be licensed by the Department of Security and Investigative Services (BSIS) with a valid Department of Consumer Affairs Security Guard License (‘Security Guard Card’), which is obtained by completing the annual pre-licensing course.

Flower Dept Security Guards will also undertake pre-work training with GSG, who conduct advanced training covering threat assessment, risk mitigation, visitor management, systems, and hardware and incident management. GSG is a Department-certified training provider.

All security guards must be at least 21 years of age, have undergone a criminal history background check through the California Department of Justice (DOJ) and the Federal Department of Investigation (FBI), and complete the Power to Arrest Training, which includes:
• 32 hours of training in security officer skills; and
• 8 hours of continual training, which must be completed annually.

Flower Dept will implement a policy that requires Security Guards to patrol for a 100-foot radius surrounding the business around the clock. All guards will be issued with a hands-free single-wire earpiece with a Push-to-Talk function for covert communications.

ALARM MONITORING COMPANY
To ensure the alarm system remains operational, an alert will automatically be sent to designated company personnel by the alarm company when communications or power is lost. Onsite, an 960
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audible signal shall be emitted in the event of power loss and/or communications breakdown with central monitoring. Real-time monitoring is part of the alarm company contract.

HAZARD COMMUNICATION

MATERIAL SAFETY DATA SHEETS
Copies of Material Safety Data Sheets (MSDSs) for all hazardous chemicals to which employees may be exposed will be available via hard copy in each chemical area of the facility in a binder designated “MSDS Sheets.” Employees are required to read MSDSs for the chemicals they use.

MSDSs will be available to all employees during all shifts. If an MSDS is missing, or if a new product arrives without an MSDS, employees must immediately inform their manager and/or the Safety Coordinator, so they can call the supplier or manufacturer.

HAZARDOUS CHEMICALS LIST
Managers must maintain a list of all the chemicals and products used at Flower Dept within their unit. This list is kept in the front of the MSDS book. Each chemical entry on the inventory list has a corresponding MSDS available for providing specific hazard information and personal protective measures. This list must be updated quarterly by the Safety Coordinator to remove chemicals that are no longer in use at Flower Dept and to add new products.

HAZARDOUS MATERIAL
Hazardous Materials Plan: To the extent that Flower Dept intends to use any hazardous materials in its operations, it shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for the management of such substances.

TOXIC MATERIAL CONTROL PROCEDURES
To ensure all safety and hygiene policies and procedures are customized specifically to the risks common to cannabis businesses, Flower Dept has leveraged a guide recommended by that was produced by the state of Colorado: Guide to Worker Safety and Health in the cannabis Industry (The Colorado guide was used because there is not a comparable California guide for reference.) The Safety Coordinator will conduct the initial review of Flower Dept’s building and design plans, and as construction is completed, will leverage Cal/OSHA’s Hazard Assessment Checklist, to identify all potential hazards, and how Flower Dept will mitigate them. This assessment, along with Cal/OSHA’s Cal/OSHA’s IIPP Self-Assessment Checklist, will facilitate the creation of Flower Dept’ Injury and Illness Prevention (IIP) Program. A written IIP is required, which is required for all employers in the State of California.

The facility and the full premises (including outside of buildings) will be inspected quarterly by the Safety Coordinator to identify potential hazards, using the OSHA Self- Inspection Checklist to 961
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prevent hazardous material and chemical incidents that could result in injury and/or illness to any employee or visitor.

The Safety Coordinator will be responsible for conducting training (or coordinating training with a certified third-party OSHA consultant) of all employees on Flower Dept’s IIPP. Additionally, the Senior Order Manager is assigned responsibility for conducting job-specific hazard training on chemicals used by all Dispensing Agents. After attending training, each employee will sign a form to verify that he or she attended the training and understands Flower Dept’s policies on hazard communication.

Copies of Material Safety Data Sheets (MSDS’s) for all hazardous chemicals to which employees may be exposed will be available on the intranet and by hard copy in each chemical storage area of the operating unit in a designated MSDS binder. Sample documents include accident report forms, a safety rule violation notice, and the OSHA Self- Inspection Checklist.

Safety rules addressed include those relevant to accident and hazard reporting, drug, and alcohol use, driving, work-related injuries, and the required use of Personal Protective Equipment (PPE).

Enforcement measures and disciplinary actions detailed are to be implemented in response to safety rule violations.

All emergencies, including chemical spill response, will be handled by local emergency response agencies in accordance with Flower Dept’s emergency and incident response SOPs. Additional measures serve to establish procedures for injury claims and policies related to workers’ compensation and benefits provided.

HAZARD COMMUNICATION POLICY
Flower Dept is committed to the prevention of hazardous material and chemical incidents that could result in injury and/or illness to any employee. Flower Dept will spare no effort in providing a safe and healthy work environment for employees, and all levels of supervision will be accountable for the safety of those employees under their direction.

The Occupational Safety and Health Administration’s (OSHA) Hazard Communication standard (29 CFR 1910.1200) is based on the simple concept that employees have both a need and a “right to know” the identities and hazards of any chemicals they work with during their employment.

Employees also need to know what protective measures are available to prevent chemical exposures and how to avoid adverse health effects.

The following constitutes Flower Dept’s written Hazard Communication program. Flower Dept will meet the requirements of OSHA’s Hazard Communication standard as follows:

Container Labeling
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It is the policy of Flower Dept that no container will be released for use unless it has a complete label. Managers will ensure that secondary containers, such as spray bottles, have complete labels.

Either (1) a copy of the original manufacturer’s label will be made and placed on the secondary container, or (2) the minimal information bulleted above will be placed on the container in permanent ink. The Safety Coordinator will verify that all product containers kept onsite will clearly list contents on the label:
• Product Name
• Hazard warnings (corrosive, flammable, skin irritant, etc.) • Manufacturer’s name and address
Hazardous Non-Routine Tasks
Occasionally, an employee may be asked to perform a task that is not part of their normal job.

Before taking on a new task, the affected employee will be given information by their manager and/or the Safety Coordinator about any hazardous chemicals that might be used during the activity. This information will include:
• Specific chemical hazards
• Protective measures employees can take
• Measures Flower Dept has taken to reduce the hazards, which might include ventilation, personal protective equipment, use of the buddy system, and emergency procedures. 963
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SECURITY AND FIRE LIFE SAFETY PLAN DIAGRAM
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OVERVIEW
The company has designed the following odor abatement plan which includes a filtration plan and system in accordance with the local regulations to prevent nuisance odors from being detected off site. The system will prevent cannabis odor which is distinctive to the operations from being detected in any neighboring suites, common areas, sidewalks, roads, sidewalks, tenants, outside areas, adjacent lots, or anywhere outside of the operation. All plant containing rooms will be completely sealed and using supplemental co2 to encourage growth. Air in these rooms will be recirculated through HVAC and air handlers internally with no exhausted air to maintain co2 levels. In addition to the following hardware and operations plan the “no on-site consumption” rules will be enforced by staff and security on and around the premises.

EQUIPMENT
Equipment technical data is included in the product inserts attached for industry standard Can Filter’s line of Australian granulated activated carbon. This system is a proven method to eliminate volatile organic compounds, pollutants, gasses, and odors from the air, and is utilized by many cannabis operators in the industry. Combined with a Can Filter brand “whisper quiet adjustable speed can fan,” the air is recirculated throughout the areas containing cannabis products and near entrance and exit doors to prevent odors from escaping the facility. The activated carbon literally traps and absorbs the carbon-based contaminants in the air.

CFM AIR CHANGE OVER CALCULATIONS
We will calculate air change over calculations based on the total volume of each section of the building. The air change over calculations will likely provide a complete changeover of the air every 3 to 27 minutes.

INSTALLATION
The company uses a closed loop HVAC system in each one of the plant containing rooms and the dry/trim room. The air is never changed over or exhausted to the exterior of the room or building.

In all plant containing rooms there will be supplemental co2 systems to encourage growth. The goal is to keep co2 levels optimal and costs low by recirculating all of the air inside of the room through HVAC systems, fans, and filters. Air and possible odor will only escape these rooms as doors are opened and closed. The company has placed all odor abatement equipment above or near all exit/entrance doors to the facility. This ensures that the air is constantly being scrubbed in these common areas and cleanest odorless air is always near doors as people enter and exit. 966
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We include our proposed facility floor plan with an anticipated odor abatement system layout. The system will be installed by a professional contractor who will test the system to ensure functionality and that all stated air change over rates and cubic feet per minute rates are being achieved. The system will be installed on the ceiling or affixed to the wall.

OPERATIONS
The company will operate the odor abatement system 24 hours a day 7 days a week ensuring that all air in the rooms with exits have been changed over several times. At the start of each business day an employee will verify that all odor abatement equipment is functioning properly and check for odor at designated areas outside of the facility such as walkways, breezeways, parking lots, front and back portions of the buildings, near entrances and exits, and all shared interior and exterior areas. Furthermore, at the end of each business day an employee will use a Daily Check on Odors checklist to verify that no nuisance smell is detected off site such as in or near exits, interior and exterior common areas, and but not limited to, front and back portions of building.

The company will create and maintain a maintenance schedule with an HVAC specialist who will replace the activated carbon filters at manufacturer recommended intervals, maintain the fans, clean all intake and exhaust grates, check all timers/switches, and ensure the system is functioning as described in this plan.

NEIGHBORHOOD COMPLAINT AND COMMUNICATION PLAN
The company will meet with all its neighbors and the surrounding community and make both a phone number and email address available for anyone to contact our management team with any concerns or complaints about the operations including cannabis odor. Once contact is made an employee or manager will fill out a Complaint Intake Form where we will log all information pertaining to the complaint such as the complainant information, date of occurrence, nature of occurrence, manager review, and action taken to resolve the complaint. These reports can be made anonymously, and the management team will respond promptly to these reports and adjust the filtration system to mitigate any odor issues.
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Our onsite community relations designee will be Antonio Simeone. He will be readily available to assist in any issues related to any problems complaints or concerns associated with the cannabis business throughout the entire development process. He will be reachable at (213) 479-7601, [email protected].
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Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Banning 99 E Ramsey St Banning, CA 92220 Riverside 2724 Gateway Drive Riverside Indoor Cannabis Cultivation, Flower Dept. Ricardo Alcantara 200 John St, Banning, CA 92220 APN: 541-220-006 Address change to 319 Galleher Way Banning Riverside The project proposes to allow the interior tenant improvement and operation of a commercial cannabis cultivation facility within an existing 8,041 square-foot industrial building. The facility will include grow rooms, dry/trim rooms, storage, restrooms, and a break area. No structural additions are proposed. The project includes site access via an easement from Gallaher Way and onsite security, odor control, and waste management systems. Flower Dept, LLC will operate daily from 6:00 AM to 10:00 PM. City of Banning Flower Dept, LLC x Section 15301 (Existing Facilities)
The project qualifies as a Class 1 Categorical Exemption under CEQA Guidelines Section 15301, which applies to the interior or exterior alterations involving negligible or no expansion of use beyond what previously existed. The proposed commercial cannabis cultivation will occur entirely within an existing permitted structure. No new ground disturbance, expansion of building footprint, or significant environmental effects will occur. All activity will comply with local and state cannabis regulations. Ted Lopez 951-922-3125 1005

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Kristine Gutierrez, Community Development Operations Manager MEETING DATE: October 14, 2025
SUBJECT: Annual Review of Development Agreement between Tri Pointe Homes (Previously Pardee Homes) and the City of Banning Regarding the Development of the Atwell Project within the Butterfield Specific Plan Generally Located Northeast of Wilson Street and Highland Springs Avenue.

RECOMMENDATION:

Receive and file.

BACKGROUND:

Government Code Section 65865.1 requires that development agreements include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, must be required to demonstrate good faith compliance with the terms of the agreement. Section 65865.1 also states that if, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement.

The annual review requirements for the Butterfield Specific Plan Project are set forth in Section 12 of the Development Agreement for the Project. In accordance with Section 12 (pages 34-35) of the Development Agreement between the City of Banning (“City”) and Tri Pointe Homes (“Developer”), which was entered into on March 27, 2012, with a subsequent revised effective date of February 9, 2015, the City is conducting an annual review to review the Developer's performance under the Development Agreement. Try Pointe Homes is a successor in interest to Pardee Homes under the Development Agreement. The Developer has delivered the necessary information, reasonably requested by the City, regarding the Developer’s performance under the Agreement. Staff has reviewed the information requested, performed a series of site inspections, conducted several meetings internally and with the Developer, and determined that the Developer has, and continues to, demonstrate compliance with the Agreement. Based on the review, staff has also determined that the Developer is implementing the Development Agreement in good faith, and continues to comply with the provisions and regulations of the adopted Specific Plan, the certified Environmental Impact Report prepared for the Project, and the existing land use regulations applicable to the Project as set forth in the Banning Municipal Code and the Butterfield Specific Plan.

JUSTIFICATION:

A summary of the project activities, over the past year, is detailed in the table below:
1006
Development Agreement
Section/Provisions Developer Status Update
Section 1 - Definitions Conforming/No Update
Section 2 – Exhibits Conforming/No Update
Section 3 – Term Conforming/No Update
Section 4 – Development of the Developer’s
Property
(4.7) A Development Impact Fee Update
was completed in September 10, 2019. Per
DA, Atwell DIF fees are locked in for 10
years post DIF Fee acceptance/approval.

Section 5 – Financing and the City’s
Obligations
Formation of the first, second, third and
fourth Financing Districts have been
completed with the bonds for all four series
successfully sold. It is anticipated that the
fifth Financing District being formed in the
third quarter of 2025. A Development
Impact Fee Agreement has been approved.
1007
Section 6 – Time for Construction and
Completion of Project
(6.1) The development is proceeding at an
acceptable pace given current market
conditions.
(6.2) Permits: All residential permits have
been pulled in Phase 1A, Phase 1B and
Phase 2A-1. TPH has been pulled permits
continuously in Phases 2B-1 and 2B-2 to
support current demand in the area. Homes
in the current phases are in various stages
of construction. Closings: There have
been approximately 470 closings within in
Phase 1A, approximately 355 closings
within Phase 1B, approximately 311
closings within Phase 2A-1, approximately
156 closings within Phase 2B-1 and
approximately 25 closings within Phase 2B2. Sales continue to be steady but there is always the threat of rising interest rates,
rising material costs and delays due to
material lead times slowing the pace of
sales.
(6.2.3.) Infrastructure related plans have
been submitted and/or approved for all of
various development phases either current
or future.
(6.2.4.) Developer has undergone a good
faith effort to market the commercial retail
planning area. All surrounding infrastructure
is in place to accommodate construction
should a commercial developer show
interest in starting.

All other provisions, of Section 6, are
proceeding in good faith.

Section 7 – Development Impact Fees
(7.2.2) Development Impact Fee Studies are
complete. Adjustments will be made at the
10-year review.
(7.3.5.) Fee Impact Studies associated with
reclaimed water facilities are complete.
(7.5.1 – 7.5.3.) A TUMF Credit Agreement
was executed by the City Council at the May
14, 2019 Meeting and work has been
completed on Highland Springs Avenue
between 8
th Street/Wilson Street and Oak
Valley Parkway/Meadowline Way.
1008
Section 8 – Dedications and Conveyances
of Property Interests
(8.1.1.) Plans have been submitted and are
continuing to be submitted for review.

Plans are being submitted and actively
processed by the City for infrastructure
improvements.

Section 9 – Processing of Requests and
Applications: Other Government Permits
(9.2) A Deposit Reimbursement Agreement
is executed between the Developer and
City.
(9.3) The City recently implemented a new
planning checking software that has slowed
the improvement plan turnaround times.

Section 10 – Amendment and Modification
of Development Agreement
Conforming/ Settlement Agreement Passed
updating Fee Waivers provisions.

Section 11 – Reservations of Authority Conforming/No Update Section 12 – Annual Review Conforming
Section 13 – Default, Remedies &
Termination
Conforming/No Update
Section 14 – Assignment Conforming/No Update
Section 15 – Releases and Indemnities Conforming/No Update Section 16 – Effect of Agreement on Title Conforming/No Update Section 17 – City Officers and Employees:

Non-Discrimination
Conforming/No Update
Section 18 – Mortgage Protection Conforming/No Update
Section 19 – Miscellaneous Conforming/No Update
After reviewing the Developer's update, staff concurs that the project is being carried out in good faith and in accordance with the terms of the Development Agreement. After conducting the public hearing on the annual review of the Development Agreement. it is that the Council receive and file this matter. The next annual review will serve as the 10 Year Anniversary Review, which is a milestone review under the Agreement.

Public Communication:

On October 3, 2025, a notice of public hearing was published in the Record Gazette, a newspaper of general circulation within the City of Banning, notifying the public that the subject review would be considered by the City Council at a public hearing on October 14, 2025. The notice was a 1/8-page display advertisement. As of the time of the writing of this staff report, no public comments were received.

FISCAL IMPACT:

None. As required in Section 12 of the attached Development Agreement, the cost for the annual review is paid by the Developer.

ALTERNATIVES:

Continue the hearing to a date certain to allow additional information be provided.

BUDGETED?:

No
CONTRACT/AGREEMENT:
1009
No
ATTACHMENTS:

1. Specific Plan Land Use Plan.pdf

2. Dev Agree.Pardee 7-17-12.pdf

3. Affidavit of Publication_Atwell DA.pdf
1010
250
1011
*RECORDING REQUESTED BY, )
DOC # 2012-0332888
07/17/2012 02:58P Fee:NC