Agenda packet, regular meeting — Banning City Council, October 28, 2025 (part 4 of 6)

Title 15

BUILDINGS AND CONSTRUCTION
Chapters:

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Short title.

This title shall be known and may be cited as the "Building Ordinance of the City of Banning."

15.04.020 Authority.

This title is enacted pursuant to the authority granted to the city by California Government Code section 38660 and Health and Safety Code 15153.

15.04.030 Definitions—Construction Code controlling.

The most recent editions of the Construction Codes incorporated herein pursuant to Chapter 15.08 of this title shall provide the controlling definitions for this title.

15.04.35 Purpose.

The purpose of this article is to safeguard the life, health, property and public welfare of the citizens of the City of banning by regulating the methods of construction, sanitation, design, quality of materials, use and occupancy of all buildings and structures erected or to be erected, and all grading operations, within the jurisdiction of Banning.

15.04.040 Gender defined.

Whenever this chapter refers to any person by use of the masculine gender it shall be deemed to refer also to the feminine gender for all purposes.

15.04.050 Misdemeanor.

A. Any person who violates any provision of this title or the Construction Codes incorporated herein, including but not limited to failure to comply with any specifications or plans submitted with the building permit application, shall be guilty of a misdemeanor for each and every violation punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for up to ninety days or by both fine and imprisonment, unless the penalty is otherwise provided by any section of this title. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue unabated.

B. Any violation shall be corrected within five working days, and each day of violation shall be a separate offense.

C. The application of these penalties shall not prevent enforced removal of the unlawful structure or condition. 686

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15.04.060 Issuance of citations by chief building official.

A. The chief building official and his or her designees are authorized by the city council, pursuant to sections 832, 836.5 and 19d of the California Penal Code and subject to the provisions thereof, to arrest a person without a warrant whenever the chief building official has reasonable cause to believe that the person to be arrested has either violated a provision of this title or the California Health and Safety Code in the building official's presence or fails to correct a violation of said provisions and therefore has committed a violation which the chief building official has the discretionary duty to enforce.

B. The chief building official and his or her designees are further authorized by the city council to issue a Notice to Appear and to release such person on his or her written promise to appear in court, pursuant to sections 853.5 and 853.6 of the California Penal Code. Under no circumstances may the building official take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before the magistrate or refuses to provide his or her written promise to appear in court, the chief building official shall either summon a Banning police officer, explain the situation, and request that the Banning police officer arrest the person and take the person into custody, or seek the assistance of the city attorney.

15.04.070 Enforcement
A. Authorization. The Police Department, Fire Department, Utilities Division, Building Official, and other persons designated by the City Manager are authorized to enforce the various provisions of this code under their respective authority or as is specifically assigned to them by the City Manager or City Council.

B. Powers of Arrest. Officials and employees designated to enforce provisions of this code have authority to issue citations for violations of the provisions of this code. Police officers have full authority to arrest persons for violations of the provisions of this code pursuant to any applicable provision of the Penal Code.

Chapter 15.08 CONSTRUCTION CODES

15.08.010 Incorporation by reference.

A. Except as otherwise provided in this chapter, for the purposes of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of building and structures, the following construction codes are hereby adopted by reference and incorporated as if fully set out herein, and the provisions thereof shall be controlling within the limits of the city.

1. California Fire Code, 2025 Title 24, Part 9 with specific Code amendments as specified by the California Office of the State Fire Marshall.

2. California Administrative Code, 2025, Title 24, Part 1

3. California Building Code, 2025, Title 24, Part 2, Volume 1 and 2, and all related Appendices including Appendices A-P

4. California Residential Code, 2025, Title 24, Part 2.5

5. California Electrical Code, 2025, Title 24, Part 3

6. California Mechanical Code, 2025, Title 24, Part 4
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7. California Plumbing Code, 2025, Title 24, Part 5, and all related Appendices including A-M

8. California Energy Code, 2025, Title 24, Part 6

9. California Historic Building Code, 2025, Title 24, Part 8

10. Wildland-Urban Interface Code, 2025

11. California Existing Building Code, 2025, Title 24, Part 10

12. California Green Building Code, 2025, Title 24, Part 11

13. California Referenced Standards Code, Title 24, Part 12

14. National Fuel Gas Code

15. National Petroleum Gas Code

16. The International Property Maintenance Code
All appendices, specifications, and listings of all Codes are also hereby incorporated and adopted by reference
B. One copy of each of the Codes, described in this Section, has been deposited in the Office of the City Clerk and shall be maintained at all times by the City Clerk for use and examination by the public.

15.08.015 Building Official
Whenever the terms "Building Official," "building inspector," "plumbing inspector," "electrical inspector," "mechanical inspector," "administrative authority," "plan reviewer", “authority having jurisdiction” or "electrical safety engineer" are used within this chapter or any other ordinance of the City, including this Code, each means the Building Official, or his/her designee.

15.08.020 Amendments to Construction Codes.

A. Notwithstanding the provisions of Section 15.08.010, Appendix P "Emergency Housing" of the California Building Code, 2025 Edition, is hereby amended to read as follows:
"P101.1 Scope.

This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section P102. This appendix shall be applicable to homeless shelters as set forth in this Section 15.80.020 of the Banning Municipal Code."
B. Notwithstanding the provisions of Section 15.08.010, the definition of "Emergency Housing" in Section P102.1 of Appendix P of the California Building Code, 2025 Edition, is hereby amended to read as follows:
"P102.1 General.

The following words and terms shall, for the purposes of this appendix, have the meanings shown herein.

Refer to Chapter 2 of the California Building Code for general definitions.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix. Emergency Housing includes "homeless shelters" as defined in Government Code Section 8698.4(c)(1)."
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C. Notwithstanding the provisions of Section 15.08.010, Section P103.3 of Appendix P of the California Building Code, 2025 Edition, is hereby amended to read as follows:
"P103.3 Occupant load.

Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 30 square feet (2.8 m2 ) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m2 ) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m2 ) if the enforcing agency determines that 30 square feet (2.8 m2 ) is adequate space for a single occupancy sleeping unit." D. Notwithstanding the provisions of Section 15.08.010, Section P104.1 and P104.4.1 of Appendix P of the California Building Code, 2025 Edition, is hereby amended to read as follows:
“P104.1 The requirements of height and areas for minimum unit size sleeping cabins shall apply to temporary housing for the unhoused population within the City of Banning.” "P104.4.1 Egress window or hatch.

15.08.010, item 2 under "Building" of Subsection R105.2 ("Work Exempt from Permit") of Section R105 ("Permits") of Division II ("Administration") of Chapter 1 ("Scope and Application") of the California Residential Code, 2025 Edition, is hereby amended to read as follows:
"2. Fences not over 6 feet (1829 mm) high."
F. Notwithstanding the provisions of Section 15.08.010, Section 115922 of Appendix AX ("Swimming Pool Safety Act") of the California Residential Code, 2025 Edition, is hereby amended to read as follows:
"115922.
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item 1 below and at least one additional of the following seven drowning prevention safety features:
(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have its door openings equipped with protection as required in subdivision (a)(4) or (a)(5) of Section 115922. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.
(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
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(3) An approved safety pool cover, as defined in subdivision (d) of Section 115921. (4) Exit alarms on the private single-family home doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open." (5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home's doors providing direct access to the swimming pool or spa.
(6) An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) Before issuance of a final approval for the completion of permitted construction or remodeling work, the local building official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval." G. Notwithstanding the provisions of section 15.08.010, Section AZ101.1 of Appendix AZ of the California Residential Code, 2025 Edition, is hereby amended to read as follows:
"AZ101.1 Scope.

This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section AZ102. This appendix shall be applicable to homeless shelters as set forth in this Section 15.80.020 of the Banning Municipal Code."
H. Notwithstanding the provisions of section 15.08.010, the definition of "Emergency Housing" in Section AZ102.1 of Appendix AZ of the California Residential Code, 2025 Edition, is hereby amended to read as follows:
"AZ102.1 General.

The following words and terms shall, for the purposes of this appendix, have the meanings shown herein.

Refer to Chapter 2 of the California Residential Code for general definitions.

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building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m2 ) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m2 ) if the enforcing agency determines that 30 square feet (2.8 m2 ) is adequate space for a single occupancy sleeping unit." J. Notwithstanding the provisions of section 15.08.010, Section AZ104.4.1 of Appendix AZ of the California Residential Code, 2025 Edition, is hereby amended to read as follows:
"AZ104.4.1 Egress window or hatch.

The bottom of the clear opening of the egress window or hatch shall not be more than 44 inches (1118 mm) above the floor. The egress window or hatch shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window or hatch shall have a minimum net clear opening area of 5 square feet (0.465 m2 )." K. Notwithstanding the provisions of section 15.08.010, footnote a. is hereby added to Figure 100.1-A ("California Climate Zones: Climate Zones for Residential and Nonresidential Occupancies") of Section 100.1 ("Definitions and Rules of Construction") of Subchapter 1 ("All Occupancies—General Provisions") of the California Energy Code, 2025 Edition, to read as follows:
"a. The City of Banning can be either Climate Zone 10 or 15."

15.08.025 Specific Revisions
Notwithstanding the provisions of section 15.08.010, Section 105.2 of the California Building Code and R105.2 of the Residential Building Code, 2025 Edition, is amended as follows:
105.2 CBC and R105.2 RBC work exempt from permits:

Fences that are not over 6 feet in height and not obstructing line of site from a roadway or blocking a required path or right of way.

15.08.030 Interpretation of the Banning Municipal Code and zoning code regarding references to the amended construction codes.

For the purposes of interpreting the adopted Construction Codes in the Banning Municipal Code and Zoning Code, references to the international building code shall be replaced with the latest adopted California Building Code, if any.

15.08.035 Design Criteria
Design criteria in the City of Banning will be specified for each area within the City respectively by the ASCE Hazard Tool for seismic category, wind load and exposure classification. This tool may be found at https://ASCEhazardtool.org and is available at no cost to the public. 691

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15.08.040 Additional penalties.

In addition to those penalty provisions adopted by reference from those codes listed in section 15.08.010, the following penalties shall also apply:

It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation, or association of persons violating any provisions of this chapter, or the provisions of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person or entity shall be deemed guilty of separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit.

Chapter 15.10
FIRE CODE (TITLE 24-PART 9)
Sections:

15.10.010 Application and adoption of the California Fire Code

15.10.020 Amendments to the 2025 California Fire Code

15.10.010 - Application and adoption of the California Fire Code.

Except as stated in this section or as amended below in section 15.10.020 of this chapter, all of the provisions and appendices of the 2025 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City of Banning. Any reference in this title to Riverside County shall include the City of Banning. In addition, the following provisions that are excluded in the 2025 California Fire Code are hereby adopted: Chapter 1, Division II of the California Fire Code (excluding Sections 103.2 and 112.3), Chapters 3 and 25, and Sections 503, 510.2,1103.2, and 5707.

15.10.020 - Amendments to California Fire Code.

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

A. SCOPE AND GENERAL REQUIREMENTS

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

B. APPLICABILITY

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

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

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet (334 m2) or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R317.5.1 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

2. A new Section 102.13.1 is added to Section 102.13 of the California Fire Code to read as follows:
102.13.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the Banning Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

C. DUTIES AND POWERS OF THE FIRE CODE OFFICIAL

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

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

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

2.1. The prevention of fires.

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

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

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

2.5. The maintenance and regulation of fire escapes.

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

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

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

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

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

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

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

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

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

2. Section 104.2 of the California Fire Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.

3. Sections 104.8 and 104.8.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County or the City of Banning or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

4. Section 104.12 is added to Section 104 of the California Fire Code to read as follows:
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104.12 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands.

This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

D. FEES

1. Section 108.2 of the California Fire Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Banning fee schedule.

2. Section 108.7 is added to Section 108 of the California Fire Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.

E. MEANS OF APPEALS

1. Section 112.1 of the California Fire Code is deleted in its entirety and replaced with the following:
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112.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy, or their designee’s shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

F. VIOLATIONS

1. Section 113.4 of the California Fire Code is deleted in its entirety and replaced with the following:
113.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Banning ordinances and fee schedules and Health and Safety Code Sections 17995 through 17995.5.

G. DEFINITIONS

1. The definition of “Fire Chief” in Section 202 of the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

H. OPEN FLAMES

1. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lander or similar device.

I. FIRE APPARATUS ACCESS ROADS

1. A new Section 503.1.2.1 is added to Section 503.1.2 of the California Fire Code to read as follows:
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.

2. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in 696

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accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

3. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations

4. Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

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

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

J. FIRE PROTECTION WATER SUPPLIES

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

1. Residential Standard - one (1) four (4) inch outlet and one (1) two and half (2½) inch outlet.

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

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

2. Section 507.5.8 is added to Section 507.5 of the California Fire Code to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Guidelines, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.
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K. FIRE COMMAND CENTER

1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet (27 870 m2) in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.7.

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

3. Section 508.1.3 of the California Fire Code is amended to add the following:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

L. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS

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

M. MECHANICAL REFRIGERATION

1. Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located 698

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in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

N. AUTOMATIC SPRINKLER SYSTEMS

1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required.

1. In all new buildings and structures which are 3,600 square feet (334 m2) or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 - 903.2.20 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

2. All existing buildings, except for one- and two-family dwellings, shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,600 square feet and changes are made to the building including any of the following: change of use/occupancy, removal of an existing fire wall as defined by the California Building Code, or additions of 50% or more are made to the original building area and the resulting square footage exceeds 5,000 square feet.

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

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

1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies 699

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constructed in accordance with Section 711 of the California Building Code, or both.

2. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet (511 m2), and having setback distances of 50 feet (15 m) or more from the property line and other buildings.

3. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

4. Non-combustible fueling station canopies not exceeding 10,000 square feet when separated from other buildings by a distance of not less than 50 feet.

5. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

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

The following exceptions in the California Fire Code shall not be allowed:
a) Exception in Section 903.2.3
b) Exception in Section 903.2.11.3

2. Section 903.3.5.3 is added to Section 903.3.5 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90 percent of the water supply capacity.

O. COMMERCIAL HOOD AND DUCT SYSTEMS

1. A new Section 904.2.2.1 is added to Section 904.2.2 of the California Fire Code to read as follows:
904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire-extinguishing system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72.  If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire extinguishing system.

P. GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES

1. Section 3206.4.2 is added to Section 3206.4 of the California Fire Code to read as follows:
3206.4.2 Minimum requirements for client leased or occupant owned warehouses.

Designs of an automatic sprinkler system for client leased or occupant owned buildings 700

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containing high pile storage shall be based on the requirements of NFPA 13. Unless otherwise approved a Professional Engineer, licensed in the State of California shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

Q. MOBILE FOOD PREPARATION VEHICLES

1. A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 MOBILE FOOD PREPARATION VEHICLES.

2. New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:
4107.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section. 4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3. 4107.2.1 Exhaust system. The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3.
4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6.
4107.2.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.

R. FIREWORKS DISPLAYS
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1. A new Section 5608.2 is added to Section 5608 of the California Fire Code to read as follows:
5608.2 Fallout Area. For aerial shells, the minimum required radius of the fallout area shall be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved.

S. APPENDIX B

1. A new Section B103.2.1 is added to Section B103.2 of the California Fire Code to read as follows:

B103.2.1 Wildland-Urban Interface Area Subdivisions. The minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area shall be 1,500 gallons per minute.

2. Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

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

AUTOMATIC SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

T. APPENDIX C

1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

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be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.”
Chapter 15.11
WILDLAND-URBAN INTERFACE CODE (TITLE 24-PART 7)
Sections:

15.11.010 Application and adoption of the California Wildland-Urban Interface Code

15.11.020 Amendments to California Wildland-Urban Interface Code

15.11.010 Application and adoption of the California Wildland-Urban Interface Code.

Except as stated in this Section or as amended below in Chapter 15.11.020 of this Ordinance, all of the provisions and appendices of the 2025 California Wildland-Urban Interface Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City of Banning. In addition, the following provisions that are excluded in the 2025 California Wildland-Urban Interface Code – Chapter 1, Division II of the California Wildland-Urban Interface Code is hereby adopted, except that Sections 103.2 and 112.3 are not adopted, and sections A101 through A102.2, A102.4, A104, A105.1, A105.4 through A105.4.2, A106 through A106.2 and A107 through A107.5 are adopted.

15.11.020 Amendments to California Wildland-Urban Interface.

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

A. APPLICABILITY.

1. A new Section 102.4.1.1 is added to Section 102.4.1 of the California Wildland-Urban Interface Code to read as follows:
102.4.1.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the Banning Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

B. DUTIES AND POWERS OF THE CODE OFFICIAL.

1. A new Section 104.l.l is added to Section 104.1 of the California Wildland-Urban Interface Code to read as follows:
104.1.1 Authority of the Fire Chief, Chief Deputy, and Fire Department.

1. The Fire Chief, Chief Deputy, or their designee is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the Riverside County Board of Supervisors.
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2. The Fire Chief, Chief Deputy, or their designee is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief’s, Chief Deputy, or their designee’s direction, the Riverside County Fire Department is authorized to enforce ordinances of Riverside County pertaining to the following:

2.1. The prevention of fires.

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

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

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

2.5. The maintenance and regulation of fire escapes.

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

2.7. The maintenance of means of egress.

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

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

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

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

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

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

3.7. Peace Officers of the California Department of Parks and Recreation.
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3.8. The law enforcement officer of the Federal Bureau of Land Management.

2. Section 104.2 of the California Wildland-Urban Interface Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.

3. Sections 104.8 and 104.8.1 of the California Wildland-Urban Interface Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

C. PERMITS.

1. Sections 105.2 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
105.2 Permits Required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, removed, converted, demolished or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official.

For buildings or structures erected for temporary uses, see Section A108.3.

Where required by the code official, a permit shall be obtained for the following activities, operations, practices or functions within a wildland-urban interface area:

1. Automobile wrecking yard.

2. Candles and open flames in assembly areas.

3. Explosives or blasting agents.

4. Fireworks.

5. Flammable or combustible liquids.

6. Hazardous materials.

7. Liquefied petroleum gases.
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8. Landscape and fuel modification zones.

9. Lumberyards.

10. Motor vehicle fuel-dispensing stations.

11. Open burning.

12. Pallet Yards.

13. Pyrotechnical special effects material.

14. Tents, canopies and temporary membrane structures.

15. Tire storage.

16. Welding and cutting operations.

D. FEES.

1. Section 108.2 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Banning fee schedule.

2. A new Section 108.7 is added to Section 108 of the California Wildland-Urban Interface Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.

E. INSPECTION AND ENFORCEMENT

1. Section 109.3.7 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
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109.3.7 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Banning ordinances, any applicable fee schedule, and Health and Safety Code Sections 17995 through 17995.5 and Government Code Section 51185.

F. DEFINITIONS.

1. Section 202, definition of "Fire Chief” in the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

G. WILDLAND-URBAN INTERFACE AREA DESIGNATIONS.

1. Section 302.1.1 is added to Section 302.1 of the California Wildland-Urban Interface Code to read as follows:
302.1.1 Designation of Fire Hazard Severity Zones. The City of Banning has adopted the recommendations of the State Fire Marshal made pursuant to Government Code section 51178 and designated those areas within the County as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zones Maps published by the Office of the State Fire Marshal. The Maps have been adopted under Ordinance 1610.

H. SPECIAL BUILDING CONSTRUCTION REGULATIONS

1. Section 501.1 of the California Wildland-Urban Interface shall be amended as follows:
501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the California Building Code and this code. For the purpose of this Chapter, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated by Ordinance 1610 as moderate, high, and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178.

Exceptions:

1. Group U accessory structures not exceeding 120 square feet (11 m2) in floor area where located not less than 50 feet (15 240 mm) from applicable buildings.

2. Group U agricultural buildings not less than 50 feet (15 240 mm) from applicable buildings.

I. FIRE PROTECTION PLANS.
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1. Section 602.1 of the California Wildland-Urban Interface Code is amended as follows:
602.1 General. A fire protection plan shall be submitted to the Fire Code Official for any proposed subdivision of land or building project. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.

The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.

Submittal of a preliminary fire protection plan shall be required prior to the submission of a final fire protection plan.

Exception: A single-family dwelling (Group R-3 Occupancy) when located on an existing legal parcel.

2. Section 602.3.2 of the California Wildland-Urban Interface Code is amended as follows:
602.3.2 Final Fire Protection Plan. Final fire protection plan shall include items listed in Section 602.3.1 and the following:

1. A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to:

1.1 The plant life-form;

1.2 The scientific and common name; and

1.3 The expected height and width for mature growth.

2. Identification of irrigated and non-irrigated zones.

3. Requirements for vegetation reduction around emergency access and evacuation routes.

4. Identification of existing vegetation proposed to remain.

5. Identification of points of access for equipment and personnel to maintain vegetation in common areas.

6. Methods and timetables for controlling, changing, or modifying areas on the property.

7. Legally binding statements regarding community responsibility for maintenance of fuel modification zones.

8. Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance.
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J. VEGETATION PLAN.

1. Section 603.1 of the California Wildland-Urban Interface Code is amended as follows:
603.1 General. Planting of vegetation for new and replacement landscaping shall be selected to reduce vegetation in proximity to a structure and to maintain vegetation as it matures.

2. Section 603.3 of the California Wildland-Urban Interface Code is amended as follows:
603.3 Landscape and Fuel Modification plans. Landscape and Fuel Modification plans shall be submitted for any project located in a WUI area. The landscape and Fuel Modification plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.

3. Section 603.3.1 of the California Wildland-Urban Interface Code is amended as follows:
603.3.1 Contents. Landscape plans shall contain the following:

1. Delineation of the 5-foot (1524 mm) (Zone 0), 30-foot (9144 mm) (Zone 1) and 100-foot (30 480 mm) (Zone 2) fuel management zones from all structures.

2. Identification of existing vegetation to remain and proposed new vegetation.

3. Identification of irrigated areas.

4. A plant legend with both botanical and common names, and identification of all plant material symbols.

5. Identification of ground coverings within the 30-foot (9144 mm) zone.

J. MAINTENANCE OF DEFENSIBLE SPACE.

1. Section 604.1 of the California Wildland-Urban Interface Code is amended as follows:
604.1 General. Vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations.

2. Section 604.3 of the California Wildland-Urban Interface Code is amended as follows:
604.3 Requirements. Vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.
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3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. The requirements of Chapter 15.11, Appendix A of this ordinance and Riverside County Fire Department Guidelines.

3. Section 604.3.1 is added to Section 604.3 of the California Wildland-Urban Interface Code to read as follows:
604.3.1 Retroactivity. When required by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this Code or State Law.

Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this Code, may be done over a two to four (2-4) year period as determined by the Fire Code Official. A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official.

4. Section 604.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.6 Clearance of brush, vegetative growth, and combustible material from improved parcels. All improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. If the Fire Code Official determines this impractical, the provisions of Chapter 15.11, Section 604.7 may be used.

5. Section 604.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.7 Clearance of fuels or vegetative growth from structures. Clearance of fuels and vegetative growth from structures shall be per sections 604.7.1 through 604.7.4 of this code.

6. Section 604.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.1 Structures. Any person owning, leasing, controlling, operating, or maintaining any Building or structure in, upon, or adjoining any FHSZ, governed by this section, and any person owning, leasing, or controlling any land adjacent to such Buildings, shall at all times maintain around and adjacent to such Building, an effective firebreak made by removing and clearing away, all combustible material on their property for a distance not less than 100 feet from all portions of the Building.

Distances may be increased by the Fire Code Official due to a site-specific analysis based on local conditions and when required, based on a Fire Protection Plan. This section shall not apply to single specimens or stands of protected species of trees, Ornamental Landscape or similar plants used in landscaping and ground covers, that are well-pruned, maintained, and spaced, and do not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure.
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7. Section 604.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.2 Timing for New Buildings and additions to Existing Buildings. The provisions of Chapter 15.11, Section 604.7 shall be completed prior to vertical construction of any New Building or addition to an Existing Building.

8. Section 604.7.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.3 Photovoltaic Systems. The clearance requirements around freestanding photovoltaic systems and equipment shall comply with the following:

1. A minimum 10-foot clearance for clusters of panels not exceeding 1,500 square feet of combined panel area.

2. A minimum of 30-foot clearance for clusters of panels greater than 1,500 square feet of combined panel area.

3. Clusters shall be separated by a minimum of 20 feet.

4. Panels and clusters shall be not located within 30 feet of any Building subject to clearance requirements of Chapter 15.11, Section 604 unless the clearance requirements of Chapter 15.11, Section 604 are provided as measured from the perimeter of the panel or cluster.

9. Section 604.8 is added to the California Wildland-Urban Interface Code to read as follows:
604.8 Defensible Space clearance zones and requirements. The required 100-foot Defensible Space clearance is identified in three (3) distinct zones: Zone 0, 1, and 2.

10. Section 604.8.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.1 Requirements. Defensible Space shall be in accordance with the requirements of Appendix A of this code, Riverside County Fire Department Guidelines and the specific requirements for each zone listed in Chapter 15.11, Sections 604.8.2 through 604.8.5.

11. Section 604.8.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2 Zone 0 purpose and location. Zone 0 reduces the likelihood of structure ignition by reducing the potential for direct ignition of the structure from flame contact, by embers that accumulate at the base of a wall, and/or indirect ignitions when embers ignite vegetation, vegetative debris, or other combustible materials located close to the structure that result in either a radiant heat and/or a direct flame contact exposure to the structure.

Zone 0 is the horizontal area within the first five (5) feet around the structure, including stairs, balconies, attached or adjacent decks, and outbuildings. Zone 0 is measured from the edge of a structure, attached or adjacent decks, patio covers, balconies, and floor 711

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projections above-grade. Zone 0 also includes the area on the roof of a building, and underneath and on top of attached decks, patio covers, balconies, and stair landings.

Advisory Notice: Riverside County Fire Department has local Zone 0 requirements currently in effect for new Buildings and additions to existing Buildings. New State regulations for Zone 0 are currently under development by the State Board of Forestry and Fire Protection. Any State regulation more restrictive than this ordinance shall apply. This may require thinning and/or removal of plants, trees, and vegetation to meet State Law and regulations.

12. Section 604.8.2.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.1 Non-Combustible Zone 0 for New Buildings, additions to Existing Buildings, and new or replacement landscape. Fuels, including Combustible Materials and vegetation, are prohibited in Zone 0 for all New Buildings, additions to Existing Buildings, installation of new landscape, and refurbishment of existing landscape areas.

The application date of Chapter 15.11, Section 604.8.2.1 shall be the later application date when any of the following occur:

1. Fire Department Clearance for a New Building or addition to an Existing Building.

2. Building permit for a New Building or addition to an Existing Building.

3. Landscape plans submitted for Riverside County Fire Department review.

4. Replacement of landscape when landscape plans are not required.

13. Section 604.8.2.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.2 Additional requirements in Zone 0.

1. New and existing tree canopies are prohibited within 10 feet of New Buildings, including the addition portion to Existing Buildings.

Exception: Existing protected oak trees shall be trimmed to provide a minimum 5-foot clearance above the roof and 5 feet to the side of any New Building, or the addition portion to an Existing Building.

2. Landscaped roofs are prohibited.

3. Vegetation underneath decks is prohibited.

4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Artificial or synthetic grass is prohibited within Zone 0. 712

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6. Vines and climbing plants are not allowed on structures, including decks, patio/shade structures, and any fences within 5 feet of a Building.

7. Combustible mulch and wood chips are prohibited.

8. Firewood is prohibited.

9. All fencing and gates shall be non-combustible. See Article 4, Section 604.11.

14. Section 604.8.2.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3 Zone 0 requirements for Existing Buildings.

15. Section 604.8.2.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3.1 Zone 0 restrictions. The following requirements apply within Zone 0 for all Existing Buildings with landscape installed prior to January 1, 2026:

1. No combustible landscape mulch or wood chips.

2. No firewood.

3. No vegetation underneath decks.

4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Roofs and gutters on Buildings shall be maintained free of any leaves, needles, or other vegetative Combustible Materials.

6. The vertical clearance distance for trees and vegetation above any roof shall be not less than 3 feet.

7. A minimum 3-foot clearance of trees and vegetation shall be provided to the side and above any eave or roof projection from the exterior wall of a Building. A minimum 3-foot clearance of trees and vegetation shall be provided below any eave or roof projection. This requirement also applies to any patio cover or other Building projections.

8. New trees are not allowed.

9. New or replacement landscaping shall comply with Chapter 15.11, Sections 604.8.1, 604.8.2.1, and 604.8.2.2.

16. Section 604.8.3 is added to the California Wildland-Urban Interface Code to read as follows:
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604.8.3 Zone 1 purpose and location. Zone 1 reduces the likelihood of fire burning directly to the structure. This is accomplished by modifying Fuels and creating a discontinuity between planting groups that limits the pathways for fire to burn to the structure and reduces the potential for near-to-building ember generation and radiant heat exposures. An additional purpose of this zone is to provide a defendable area for fire personnel to stage and take direct action.

Zone 1 is the area within 5-30 feet of structures and decks, with slopes not greater than 20 percent; 5-50 feet from Buildings and decks, when slopes are greater than 20 percent.

17. Section 604.8.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3.1 Requirements and allowable items. This is a minimal planting zone which includes very limited trees of a fire-smart type with additional spacing provided. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.

18. Section 604.8.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4 Zone 2 purpose and location. Zone 2 is designed to reduce the potential behavior of an oncoming fire in such a way as to drop an approaching fire from the crown of trees to the ground, reducing the flame heights, and the potential for ember generation and radiant heat exposure to structures. Additional benefits of Zone 2 include facilitating direct defense actions and improving the function of Zones 0 and 1.

Zone 2 is the area from the outer edge of Zone 1 to 100 feet from structures and decks.

19. Section 604.8.4.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.1 Requirements and allowable items. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.

20. Section 604.8.4.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.2 Spacing. Spacing of vegetation and trees at the outer edge of Zone 2 shall be based upon the height of the vegetation within Zone 2 or the adjacent area beyond the 100-foot zone, whichever provides for the greater spacing. This may require clearance outside the 100-foot zone or setting back vegetation and trees within Zone 2 away from the 100-foot line.

21. Section 604.8.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5 General requirements for Zone 0, 1, and 2.
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22. Section 604.8.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.1 Dead and dying vegetation. All dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed.

23. Section 604.8.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.2 Mulch and wood chips within Zones 1 and 2. Use of combustible Mulch and wood chips shall be in accordance with the requirements Riverside County Fire Department Guidelines.

24. Section 604.8.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.3 Firewood. See Chapter 15.11, Section 607.

25. Section 604.8.5.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.4 Clearance from chimney, stovepipe. Any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed.

26. Section 604.8.5.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5 Trees. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure.

27. Section 604.8.5.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.1 Tree spacing. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2. Separation distance may be increased for slopes exceeding 20 percent.

Required spacing is measured between trees at maturity.

28. Section 604.8.5.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.2 Ground clearance of trees. Trees exceeding 6 feet in height shall be limbed up from the ground 6 feet or 1/3 the height of the tree, whichever is less.

Exception: Fruit trees when approved by the Fire Code Official.

29. Section 604.8.5.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.3 Ground cover under tree canopy. When approved ground cover and shrubs are located underneath trees, the vertical clearance to the lowest branch of the tree 715

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canopy shall not be less than three times the height of the ground cover or shrub under or adjacent to the tree. The horizontal clearance shall be 3 feet from the trunk of the tree.

30. Section 604.8.5.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6 Continuous tree canopies.

31. Section 604.8.5.6.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.1 New Structures. Continuous tree canopies are not allowed. Tree spacing shall be in accordance with Riverside County Fire Department.

32. Section 604.8.5.6.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.2 Existing Structures. Continuous tree canopies may be allowed as determined by the Fire Code Official but will require the complete removal of any understory and smaller trees to meet requirements for a shaded fuel zone. Any remaining trees shall be limbed up a minimum of 12 feet from the ground or 1/3 the tree height, whichever is less.

The intent is to not allow a crown (canopy) fire to spread unchecked to a structure and to bring any crown fire down to the ground level prior to Zone 1.

33. Section 604.8.5.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.7 Grasses. Natural or annual grasses shall be mowed to a maximum height of 4- inch stubble with clippings removed.

34. Section 604.9 is added to the California Wildland-Urban Interface Code to read as follows:
604.9 Fire protection equipment and utilities. The clearance requirements of Chapter

15.11, Sections 604.7 and 604.8 shall apply to communication site towers and their support Buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility Structure as required by the Fire Code Official. The Fire Code Official may consider a reduced distance, not less than 30 feet, for communication site towers, water tanks, and Structures with no interior space, based upon a site risk assessment. Also see Chapter 15.11, Appendix A.

35. Section 604.10 is added to the California Wildland-Urban Interface Code to read as follows:
604.10 Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors.

36. Section 604.11 is added to the California Wildland-Urban Interface Code to read as follows:
604.11 Fencing.
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37. Section 604.11.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.1 Scope. This section only applies to fences, including gates within the fencing, within 5 feet of Building(s), including Decks, (Zone 0) that are in an applicable Fire Hazard Severity Zone req by Chapter 6 of this code.

38. Section 604.11.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.2 New fencing. New fencing and gates shall be constructed of a non-combustible material.

39. Section 604.11.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.3 Existing fencing. Fencing installed prior to January 1, 2026, may remain.

Exception: The entire fencing not parallel and within 5 feet of the Building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is being replaced.

Fencing beyond 5 feet from the Building is not required to be replaced with noncombustible material.

K. STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS.

1. Section 607.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces beneath Buildings or Structures, or on Decks or under eaves, canopies, or other projections or overhangs. Firewood piles shall be located 30 feet (9144 mm) or more from structures unless completely covered by a fire-resistant material. Exposed wood piles located within the defensible space shall have a minimum clearance of 10 feet (3048 mm) down to bare mineral soil in all directions. Firewood shall not be stored within Zone 0.

2. Section 607.1.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1.1 Combustible Materials. Combustible Materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any Building. Piles shall not exceed 100 square feet of area and a maximum height of 10 feet. Piles shall be separated by a minimum of 20-foot clear area.

3. Section 607.2 of the California Wildland-Urban Interface Code is amended to read as follows:
607.2 Storage for off-site use. Firewood and Combustible Materials not for consumption on the premises shall not be stored within Zones 0, 1, and 2. See Section 3, Appendix A for storage requirements.
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L. BUILDING SITING AND SETBACKS

1. Section 608.1.1 is added to the California Wildland-Urban Interface Code to read as follows:
608.1.1 Restricted development setbacks. New Structures and additions to existing Structures shall not be constructed less than 100 feet from any protected habitat, whether on the same or adjacent Parcels, where the 100-foot Defensible Space required under Chapter 15.11, Section 604.7 cannot be provided, unless an alternate method of construction and protection is provided that can ensure the safety of the Structure and emergency responders as approved by the Fire Code Official. Protected habitat includes lands restricted from brush clearance or modification due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.

2. Section 608.2 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2 General. All parcels shall provide a minimum 30-foot (9144 mm) setback for all buildings from property lines and the center of a road, except as provided for in Chapter

15.11, Section 608.2.1. [CCR T14 §1276.00(a)] This section applies to new Tract and Parcel maps, new Buildings, and additions to Existing Buildings.

3. Section 608.2.1 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2.1 Setback reduction. A reduction in the minimum setback shall be based upon practical reasons, which may include but are not limited to, parcel dimensions or size; topographic limitations; Development density requirements or other Development patterns that promote low-carbon emission outcomes; sensitive habitat or other site constraints, and shall provide for an alternative method to reduce structure-to-structure ignition by incorporating a combination of features such as, but not limited to:

1. Non-combustible block walls or fences; or

2. Non-combustible material extending 5 feet (1524 mm) horizontally from the furthest extent of the building; or

3. Hardscape landscaping; or

4. A reduction of exposed windows on the side of the structure with setback less than 30 feet (9144 mm). [CCR T14 §1276.01] M. RIDGELINES, FUEL BREAKS, AND GREENBELTS.

1. Section 609.2.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.1 Greenbelts. Subdivisions and other developments, which propose Greenbelts as a part of the development plan, shall locate the Greenbelts strategically, as a separation between wildland fuels and Structures. The locations shall be approved by the inspection authority.
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2. Section 609.2.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.2 Access to Greenbelts. A minimum of one (1) access point shall be provided to new Greenbelts at an approved location to allow for on-going maintenance and firefighter access. Additional access points shall be provided when required by the Fire Code Official.

N. APPENDIX A

1. Section A102.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A102.1 General. Vegetation control shall comply with Chapter 15.11, Sections A102.2 through A102.4 and with Chapter 15.11, Chapter 6.

2. Section A105.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.1 General. In addition to the requirements of the California Fire Code, Chapter 15.10 and Chapter 15.11, Chapter 6, storage and use of the materials shall be in accordance with Chapter 15.11, Sections A105.2 through A105.4.2.

3. Section A105.4 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.4 Combustible Materials. Outside storage of Combustible Materials such as, but not limited to, wood, rubber tires, building materials, or paper products shall comply with the other applicable sections of this Ordinance and this section. Storage of pallets shall be in accordance with Chapter 15.10, Section 2810. Storage and processing of wood chips, hogged materials, fines, Compost, Compostable Material, Mulch, solid biomass, raw product, and combustible yard waste and recycle material shall be in accordance with Chapter 15.10, Section 2808.

Chapter 15.12 PERMITS

15.12.010 Permits required.

It is unlawful for any person, partnership, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, occupy or maintain any building or structure or cause or permit the same to be done without first obtaining a building permit as provided in this chapter. Notwithstanding the foregoing, no building permit fees shall be required for any construction, alteration, repair, or demolition of city-owned buildings.

15.12.020 Application for permit.

The building permit application shall be in writing or in digital format on a form provided by the city. Each permit application shall:

A. Identify and describe the work to be covered by the permit for which application is made; 719
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B. Describe the land on which the proposed work is to be done by legal description, street address or such other description as will readily identify and locate the proposed building or parcel; C. Indicate the use or occupancy for which the proposed work is intended; D. Be accompanied by plans, diagrams, computations and specifications and such other data as required by section 15.12.040 of this chapter;
E. State the accurate valuation of any new building or structure or any addition, remodeling or alteration to an existing building;
F. Be signed by the applicant or his authorized agent. The city may require evidence of authority before accepting an application from an authorized agent;
G. Give any other data or information as may be required by the city manager or his designee, at his discretion.

H. Provide expressed authority in writing from a landlord (if applicable) to a tenant or leasing agent for permits to be obtained by a tenant or leasing agent to perform work on their property.

15.12.030 Permit fees.

Each application for a building permit shall be accompanied by a permit fee to be prescribed from time to time by resolution of the city council. Failure to accompany the application with the permit fee shall render the application null and void for all purposes. The purpose of this fee is to help defray the cost of reviewing the application and the cost of enforcing this chapter.

15.12.35 Reinspection fees.

A fee will be charged for additional inspections of an item or items once it has been inspected and failed an inspection more than two times. The permit holder must pay for additional inspections at an hourly rate to be determined by City’s adopted fee schedule.

15.12.040 Plans and specifications.

A. Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. Plans and specifications shall be drawn to scale on paper or cloth and shall be of sufficient clarity to show the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all other applicable laws.

B. The plans, computations and specifications should be prepared and designed by a duly licensed engineer or architect, except that the city manager or his designee may waive this requirement if he deems it unnecessary. The city manager or his designee may also waive the submission of any plans if the nature of the work applied for is such that reviewing of plans is unnecessary to obtain compliance with this chapter. A waiver shall be written, signed and entered in the files of the building department.

C. Plans for buildings more than two stories in height of other than Groups R, Division 3 and U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing or communication conduits, pipes or similar systems.

15.12.45 – Letter of Authorization
Applicants will provide a Letter of Authorization when acting as an agent, contractor or tenant on behalf of the property owner. This document shall be signed and notarized and submitted to the City staff at the time of application.
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15.12.050 Permit issuance.

A. The application, plans and specifications filed by the building permit applicant shall be reviewed by the Building Official or his designee when accompanied by the fee specified in section 15.12.030. The Building Official or his designee shall review the application, plans and specifications to verify compliance with this chapter and other applicable laws, provided that the permittee shall be totally liable for the construction being performed and shall assume total responsibility for compliance with this chapter and other applicable laws.

B. When the Building Official or his designee determines that the application, plans and specifications meet the requirements of this chapter and other applicable laws, and when the fee specified in section 15.12.030 has been paid, he shall issue the building permit. The city manager's or his designee's determination shall be conclusive except as provided in Chapter 15.44 of this title.

15.12.060 Suspension or revocation of permit.

A. The Building Official or his designee may, after written notice to the permittee, suspend or revoke any permit issued under this chapter whenever it appears that the application contained false, inaccurate or misleading information or when it appears that issuance of the permit was in violation of this chapter or any other ordinance or law in force in the city, including state law.

15.12.070 Liability.

A. The Building Official or his designee charged with enforcement of this chapter shall not render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties.

B. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city or any agency thereof be held as assuming any such liability by reason of inspections or any certificates of inspection issued under this chapter.

15.12.080 Removal of building debris.

Within fourteen days of the completion of any erection, construction, enlargement, alteration, repair, movement, conversion, demolition or equipping of any building or structure, the person having the required permit or who should have obtained the required permit shall remove from the premises and properly dispose of all debris, earth, rock, concrete, foundation, building materials or any other combustible or waste materials so that the premises shall be left in a well-graded and orderly condition.

15.12.085 – Summary Abatement
In addition to the remedies provided in the Building Code, any condition caused or permitted to exist in violation of any provisions of this title or the codes adopted by reference therein, which present an immediate threat to public health or safety, shall be deemed a public nuisance, and may be summarily abated by the City

15.12.100 Permitting procedures for small rooftop solar energy systems.

The purpose of the section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, amending California Civil Code section 714 and 721

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California Government Code section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting public health and safety.

A. Definitions as used in this section.
"Solar energy system" means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and all state and city health and safety standards.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
"Electronic submittal" means the utilization of electronic e-mail, facsimile, or submittal via the internet. "Specific, adverse impact" means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. "Reasonable Restrictions on a Solar Energy System" are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. "Restrictions That Do Not Significantly Increase the Cost of the System or Decrease its Efficiency or Specified Performance" means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: An amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

2. For Photovoltaic Systems: An amount not to exceed one thousand dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

B. Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems in the city.

C. Effective Date, Maintenance. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance [codified in this chapter] are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that 722

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materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting.

D. Historic Resources. A use permit and/or design review may be required for properties on the city's list of historic resources as deemed necessary by the community development director, prior to the installation of a solar system on a building classified as historic.

E. Solar Energy System Requirements.

1. All solar energy systems shall meet applicable state and city health and safety standards and requirements, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, and California Fire Code, which are incorporated by reference into the Banning Municipal Code by sections 15.08.010 and 8.16.010. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

2. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

F. Applications and Documents.

1. All documents required for the submission of an expedited solar energy system application shall be made available on the city's website. Electronic submittal of the required permit application and documents by e-mail, facsimile, or via the internet shall be made available to all small residential rooftop solar energy system permit applicants. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

2. The city's building and safety division shall adopt a standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

3. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

G. Permit Review and Inspection Requirements.

1. The director of the Banning Community Development Department shall implement an administrative, nondiscretionary review process for the building division to expedite approval of small residential rooftop solar energy systems. The building and safety division shall issue a building permit, the issuance of which is nondiscretionary, within one to three business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist(s) and standard plan(s). The chief building official may require an applicant to apply for a conditional use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission pursuant to the appeal procedures in chapter 17.68 of the Banning Municipal Code.

2. Review of the application shall be limited to the chief building official and his or her designee's review of whether the application meets local, state, and federal health and safety requirements, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, and California Fire Code, which are incorporated by reference into the Banning Municipal Code by sections 15.08.010 and 8.16.010. 723

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3. Conditions may be imposed on an application if the building official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. A condition may only be imposed on an application in order to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

4. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

5. The city may deny an application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission in accordance with the procedures set forth in the Banning Municipal Code Chapter

17.68. For purposes of this section, "specific, adverse impact" means a significant, quantifiable direct, and unavoidable impact, based on objective, identified, and written public health and safety standards, policies, or conditions as they existed on the date the application was deemed complete.

6. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

7. Only one inspection shall be required and performed by the building and safety division for small residential rooftop solar energy systems eligible for expedited review under this section. A separate fire inspection may be performed if an agreement with Riverside County Fire does not exist to perform safety inspections on behalf of Riverside County Fire.

8. The inspection shall be done in a timely manner and should include consolidated inspections.

9. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized that need not conform to the requirements of Government Code 65850.5.

10. The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

15.12.110 Expedited electric vehicle charging station permitting.

15.12.110 ELECTRIC VEHICLE CHARGING STATION SYSTEMS.

15.12.110.1. - Applicability and purpose.

This article applies to the permitting of all Electric Vehicle Charging Station systems in the City of Banning. The purpose of this article is to create an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015), to achieve timely and cost-effective installations of electric vehicle charging station systems. This article encourages the use of electric vehicle charging station systems by removing unreasonable barriers, minimizing costs to property and business owners, and expanding the ability of property and business owners to install electric vehicle charging station systems. This article allows the city to achieve these goals while protecting the public health and safety. 724
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15.12.110.2. Definitions.

The definitions set forth below shall be applicable to the provisions in this article.

Building official: the city's designated authority charged with the administration and enforcement of this article.

Electronic submittal: the utilization of one or more of the following:
(1) Email
(2) The Internet
(3) Facsimile.

Electric vehicle charging station system: means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and California Building Code 11B-228.3 for accessibility, as it reads on the effective date of this section and after, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

15.12.110.3. Electric vehicle charging station system requirements.

A. An electric vehicle charging station system, as defined in this article, shall be processed in accordance with the terms of this article.

B. An electric vehicle charging station system shall meet applicable health and safety standards and requirements imposed by the State and the City, and local fire department or district.

C. The building official shall adopt an administrative, nondiscretionary expedited review process for electric vehicle charging station systems, which shall include standard checklist(s). The checklist(s) shall set forth all requirements with which electric vehicle charging station systems must comply with to be eligible for expedited review.

D. The electric vehicle charging station system permit process and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists and standards contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research.

15.12.110.4. Applicant obligations.

Prior to submitting an application, the applicant shall verify the electric vehicle charging station meets all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

15.12.110.5 Electronic processing.

A. All documents required for the submission of an expedited electric vehicle charging station system application shall be made available on a publicly accessible city website.

B. Electronic submittal of the required permit application and documents by electronic means shall be made available to all electric vehicle charging station system permit applicants. The City's website shall specify the permitted method of electronic document submission.

C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

15.12.110.6. Application review.
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A. An application that city staff determines satisfies the information requirements contained in the city's checklist(s) for expedited electric vehicle charging station system processing, including complete supporting documents, shall be deemed complete.

B. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

C. After city staff deems an application complete, city staff shall review the application to determine whether the application meets applicable local and state codes and regulations.

D. City staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist(s), standard plans and this article.

E. The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

Chapter 15.12.110 – Construction documents
Legal construction documents are the sole property of the designer and applicant who created those documents respectively. They cannot be sold or transferred without authorized and notarized consent of the creators of those documents. The City of Banning cannot transfer or provide copies of documents unless notarized authorization is provided. In such a case in which the City will allow reproduction only a registered reprographics company shall remove and return proprietary documents to a City facility.

Chapter 15.16 PERMIT APPEALS

15.16.010 Establishment of board of permit appeals.

Pursuant to the California Building Code, in order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretation of the provisions of the California Building Code, there shall be and is created a board of permit appeals.

15.16.020 Membership.

The board of permit appeals shall consist of those individuals appointed to membership on the public works advisory committee, which shall sit as the board of permit appeals whenever an appeal is filed under this chapter.

Members shall be qualified by experience and training to pass upon matters pertinent under this chapter; the Building Official serving the city, or his or her authorized representative, shall be an ex officio member and shall act as secretary of the board at the hearing of any appeal processed under this chapter.

15.16.030 Meetings, hearing guidelines and determinations.

Interpretations of the Building Code made by the Building Official regarding intent of the Code may be appealed to an appeals board to be named as is required by CBC 113. Only interpretive decisions, determinations and questions regarding limitations of authority made by the Building Official on the Building Codes may be appealed. Items which are obvious and clear in the Code cannot be appealed, nor will such 726
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questions be heard by an appeals board. The Building Official has the right to deny an appeal if the appeal is not related to a question of interpretation or a determination based on language in the Code. Whether or not a building is unsafe or in violation of the requirements of the Code is not a matter of interpretation and are not subject to appeal, this authority is clear within the Code.

15.16.040 Time and date scheduled for hearing.

Hearings and determinations shall be conducted and delivered in the manner set forth in Section 2.64.010 of this Code save that the board of permit appeals shall first hear the matter before any appeal to the city council.

Additionally, in accordance with the requirements of the California Building Code, the board shall render all decisions and findings in writing to the Building Official. The appellant shall receive a duplicate copy. The board may recommend to the city council such new legislation as is consistent with the board's decision in the matter on appeal.

15.16.050 Reserved.

15.16.060 Fees.

Each written notice of appeal on the form provided by the building department shall be accompanied by a nonrefundable fee of two hundred dollars. No appeal shall be accepted or heard unless accompanied by such fee.

Chapter 15.18 – RESTROOM FACILITIES

15.18.010 Requirements to provide public restrooms
A. Public occupancies are required to provide restrooms that are available to the public in accordance with the California Plumbing Code section 422 and accessible restrooms for those with disabilities in accordance with CBC 11B and Titles I and III of the Americans with Disabilities Act. Occupancies with employees required as part of their operations must maintain restroom facilities available for their employees. Any business which cannot provide functioning restrooms for their staff or the public are not permitted to operate or be open to the public.

B. Active construction sites must provide temporary restroom facilities for workers at each project respectively. These facilities must comply with Cal OSHA and Health Department requirements.

Chapter 15.24 EARTHQUAKE RESISTANCE STANDARDS

15.24.010 Purpose.

A. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings.

B. The provisions of this chapter are intended as minimum standards for structural seismic resistance and established primarily to reduce the risk of life loss or injury. Compliance with these provisions will not necessarily prevent loss of life or injury, or prevent earthquake damage to rehabilitated buildings. 727

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15.24.020 Scope.

A. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. Except as provided herein, all other provisions of the California Building Code latest adopted edition shall apply.

B. Exceptions: The following are exempt from the provisions of this chapter:

1. Detached one- or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes.

2. Unreinforced masonry bearing wall buildings constructed of hollow concrete blocks or hollow clay tiles, if:
a. Such building does not exceed two stories in height and it is confirmed by appropriate test results that the tile or block wall units are of bearing type and that the capacity of the wall in bearing and shear, based on net area in contact through bed joints, is not less than that allowed for solid bricks.
b. Bonding shall also be confirmed by appropriate test results. c. All tests required hereunder shall be at the expense of the party seeking the exemption.

C. This chapter shall not apply to "essential facilities" and "hazardous facilities" as defined in Table No. 23-K, or successor Table as contained in the latest adopted edition of the California Building Code.

15.24.030 Definitions.

Except as otherwise specifically set forth herein, for the purpose of this chapter, the applicable definitions and standards in the California Building Code, latest adopted edition, shall apply. "Collar joint" means the vertical space between adjacent wythes and may contain mortar. "Diaphragm edge" means the intersection of the horizontal diaphragm and a shear wall. "Diaphragm shear capacity" means the depth of the diaphragm times the allowable shear value, v u D. "Flexible diaphragm" means a diaphragm of wood construction or other construction of similar flexibility. "Pointing" means the partial reconstruction of the bed joints of an unreinforced masonry wall as defined in California Building Code Standard No. 2442, or its successor standard as set forth in the latest adopted edition of the California Building Code.
"Unreinforced masonry (URM) wall" means a masonry wall in which the area of reinforcing steel is less than twenty-five percent of the minimum required by the California Building Code for reinforced masonry. "Unreinforced masonry bearing wall" means a URM wall which provides the vertical support for a floor or roof for which the total superimposed load exceeds one hundred pounds per linear foot of wall. "Yield story drift" means the lateral displacement of one level relative to the level above or below at which yield stress is first developed in a frame member.

15.24.040 Unreinforced Masonry Program
A. The City of Banning has adopted a Voluntary Program for Unreinforced Masonry (URM) Structures. We encourage property owners to participate in voluntary strengthening programs for the economic benefits and costs of insurance, as this City is in a high seismic hazard zone. The City does not currently offer economic benefits, tax incentives or grants to precipitate this process. The point at which the URM program 728

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becomes mandatory is at the point of desired structural improvements to older, unreinforced buildings; this will insure that all structures within the City will eventually be improved.

B. If a structure is to become structurally unsafe, substandard or dangerous due to the building being unreinforced than all of the code provisions governing unsafe structures in CBC 116 shall apply and the strengthening of the structure may become mandatory to abate the unsafe conditions.

15.24.050 General requirements for unreinforced masonry.

A. Unreinforced masonry structures, upon retrofit and/or redesign shall be required to retrofit and be engineered and designed to meet the requirements of the 2025 California Building Code, Chapter 21 and ASCE 7-22 for minimum standards or better.

B. Unreinforced masonry structures may not be improved or repurposed for a new use unless seismic retrofits are made to improve the structure to be adequate for the new use.

C. Foundations for residential structures already in use may improve their seismic resistance without the need to fully comply with the requirements of a new structure. The City of Banning will accept plan details provided and approved by the City of Los Angeles for residential structure seismic retrofit. Retrofit plans and designs shall meet the requirements of The California Existing Building Code Appendix A and Chapter A4.
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15.24.60 Requirements for placards at unreinforced masonry (URM) structures..

In accordance with California State Law, AB 2553, placards shall be placed at the entry of unreinforced masonry buildings to warn occupants in the event of an earthquake which states:
“Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake.”

15.24.70 Seismic retrofit, board of appeals.

A. Purpose and Establishment. In order to determine the suitability of alternate materials and methods of construction and to provide interpretations of this chapter, there shall be and is hereby created a board of retrofit appeals.

B. The board of retrofit appeals shall have that same membership and shall operate under the same procedures as the public works advisory committee set forth in Chapter 2.44 of this Code.

C. Under no circumstances shall the board grant more than a sixty-day extension of time within which to conform to any requirement of this chapter.
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15.24.80 Enforcement of this chapter.

A. Misdemeanor.

1. Any person who violates any provision of this chapter including, but not limited to, willful failure to comply with any specifications or plans submitted with the building permit application, shall be guilty of a misdemeanor. Each and every violation shall be punishable by a fine and/or imprisonment as permitted under state law. The imposition of a penalty for any violation shall not constitute an excuse of that violation, nor shall it constitute a permit for the violation to continue unabated.

2. Each day of violation shall be a separate offense, and shall constitute a new violation.

3. The application of these penalties shall not prevent removal of the unlawful structure or condition by the city or its assembly.

B. Liability.

1. The building official or his or her designee charged with enforcement of this chapter shall not render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties.

2. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by such defects.

Chapter 15.26 - GRADING
Grading plans shall be prepared and certified by a registered engineer and design professional who has demonstrated competency in the preparation of engineering plans by the City engineer. Each application for a grading permit shall be accompanied by copies of the certified grading plan, including all applicable specifications and special provisions. The number of copies shall be set by directive issued by the City engineer.

Supporting data consisting of a soil engineering report and geology report shall be required at the discretion of the City engineer and/or the Building Official. The grading plans, specifications and other supporting data shall be submitted to the City engineer for review.

The following language is added to Appendix J of the Building Code to read as follows:

J109.5
It is unlawful for storm water on a lot to be diverted onto an adjected lot unless it is specifically designed to do so and provisions have been made for it to do so because of topographical conditions which do not allow for any other path of drainage. Stormwater drainage across lot lines is prohibited and all stormwater must be diverted onto the public right of way or into a private catchment system, or into the public storm drainage system. Drainage easements must be recorded where stormwater is to be diverted across lot lines.

Chapter 15.32 BUILDING RELOCATIONS
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15.32.010 Permit required.

No person, firm, corporation or other entity shall move or relocate any structure over the public streets or alleys of the city unless, in addition to the building permit required by Section 15.12.010, a relocation permit has been issued pursuant to this chapter.

In addition, when the structure is to be moved over the City streets or over property lines, the applicant must obtain a Haul Permit from the City’s Public Works Department prior to the relocation.

15.32.020 Permit application.

Any person, firm, corporation or other entity may apply for a relocation permit by filing a written application and the fee required by Section 15.32.030 with the city Planning and Building Departments. The application shall contain the following information:

A. The present location of the structure proposed to be moved; B. The location to which the applicant proposes to move the structure; C. The route proposed to be followed in moving the structure; D. Two sets of floor plan blueprints;
E. Four elevations of the structure as it would appear when erected on the proposed site; F. The weight, width and length of the structure and its total height while in transit, including any moving dollies or other equipment;
G. A termite inspection report prepared by a bonded and licensed termite inspection company showing the current status of the structure with respect to termite infestation, dry rot, or any other condition affecting structural integrity;
H. A listing of the number and location of all utility lines which would have to be disconnected or moved to enable the structure to be moved;
I. A listing of the number, size, kind and location of trees and other vegetation along the proposed moving route which might be injured by the moving process and an estimate of the extent of such damage.

15.32.030 Permit fees.

The relocation permit application shall be accompanied by a filing fee as set by the current fee schedule for the cost of inspection and staff review. No application shall be processed without such filing fee. The relocation permit filing fee shall be in addition to any other fees which are required by the ordinances of the city or any other applicable law, including the building permit fee required by Section 15.12.030.

15.32.040 Building inspector's report.

Upon receipt of a relocation permit application, the Planning Director and Building Official shall request the building inspector to inspect the structure proposed to be moved. Such inspection shall occur at the original site of the structure before it is moved. The senior building inspector shall submit a written inspection report to the Building official or designee providing information on the following items:
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A. The type of construction, age and present condition of the structure, including a preliminary assessment of the structural and esthetic compatibility of the structure to the area to which it is proposed to be moved. The compatibility assessment shall include but not be limited to the factors contained in Title 17 of this Code;
B. A recommendation as to the amount of time reasonably required to complete the structure relocation and all other activities necessary to complete the relocation and any necessary reconstruction or repairs, provided that in no case shall such recommendation exceed one hundred eighty days from the date of permit issuance.

15.32.050 Department of community development review.

The city manager or his designee shall present the relocation permit application and building inspector's report to the department of community development for review and consideration. The director of the department of community development or his designee shall thereupon approve or reject the application or approve the application with such conditions as the department deems appropriate. If approval or approval with conditions is granted, the application will be presented to the building department for consideration. If the application is rejected or if the applicant objects to conditions of approval, the applicant may appeal the department's decision in accordance with the procedures set forth in Chapter 17.68 of this Code. If no appeal is taken, the director's decision will be final.

15.32.060 Building department review.

Upon approval or approval with conditions by the department of community development, the building department shall review the relocation permit application for compliance with this chapter and all other applicable laws. The building department shall require the applicant to make such changes or repairs to the plans and specifications and to the structure proposed to be moved as may be necessary to bring the structure into compliance with this chapter and all other applicable laws. The building department shall impose all permit conditions it deems reasonably necessary, including but not limited to changes in the proposed transport route, imposition of additional fees to mitigate environmental impacts caused by the relocation, a time limit within which the moving and reconstruction operations must be completed, and the requirement that all moving equipment be subject to prior approval by the senior building inspector who shall at all times have the right to inspect any such equipment. When the building department is satisfied that all conditions and requirements imposed by this chapter and all other applicable laws have been met, the department may issue a relocation permit.

15.32.070 Relocation permit bond.

A. Upon approval of the relocation permit application, the applicant shall obtain and file with the building department a relocation permit bond. Such bond may be a surety bond, in favor of the city or a certified check made payable to the City of Banning, or cash. The city clerk shall hold such bond until ordered by the city manager or his designee to release it.

B. The relocation permit bond, check or cash shall be at least equal to the cost, as estimated by the city manager or his designee, of such repairs, additions or alterations as are necessary to bring the structure into compliance with all ordinances of the city, and to make the structure conform with all other plans required by the community development department, planning commission and building department, provided that in no case shall the bond, check or cash be in an amount less than ten thousand dollars.

C. The relocation permit bond shall be conditioned upon faithful performance of the work of additions and repairs to the building, in accordance with the drawings and specifications which shall accompany the application for the permit. The term of any bond filed pursuant to this section shall begin upon the date it is filed, and shall end upon the completion, to the satisfaction of the city manager or his designee, of the 732
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performance of all the terms and conditions of the relocation permit. Such completion shall be determined and evidenced by a statement thereof signed by the senior building inspector, a copy of which shall be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor, or to his successors or assigns, upon the termination of the bond, except any portion thereof that may have been used or deducted as provided elsewhere in this chapter.

15.32.080 Notice and compensation to public utilities.

Upon issuance of the relocation permit, it shall be the duty of the applicant to notify all public utilities affected by the relocation of any temporary utility rearrangements required to accomplish the move. The notice shall specify the time and route over which the relocation operation is to be conducted. The applicant shall furnish the building department proof of said notice as well as proof of forty-eight hours' notice to the chief of police of the city. The applicant shall be responsible for payment of any costs reasonably incurred by a public utility in accommodating the relocation.

15.32.090 Liability for damages.

The relocation permit applicant shall be liable for any damage caused by moving operations. Damages to public property may be repaired by the city and the costs thereof billed to the applicant, thereby becoming a charge against any bonds held by the city.

15.32.100 Trailer lights.

Whenever any structure relocation takes place between sunset and sunrise, red lights shall be placed and illuminated in each corner of the structure, and at the end of any projection extending beyond the rear of the structure and moving platform. The lights shall be displayed at all times while the structure is on any public street or alley.

15.32.110 House mover permit.

Any person, firm, corporation or other entity engaged in any structure relocation for which a relocation permit has been issued pursuant to Section 15.32.060, must obtain a written house mover permit before moving any structure on, over or along any public street or alley.

15.32.120 House mover qualifications.

A house mover permit shall not be issued to any person, firm, corporation or other entity which does not comply with the city's business license ordinance and hold a valid general contractor's license issued by the state of California.

15.32.130 House mover bond.

No house mover permit shall be issued until the person, firm, corporation or other entity making application for the house mover permit shall have filed with the building department a housemover's bond, certified check or cash in an amount not less than five thousand dollars. The house mover bond, check or cash shall be held by the city clerk until ordered by the city manager or his designee to release the bond. The house mover bond shall be approved by the city finance director before it is accepted and shall contain provisions indemnifying the city and any public utility company affected against any damages suffered as a result of any interference with city property or public utilities. Upon completion of the relocation, the house mover bond, check or cash shall be released, provided that all claims and charges arising out of the relocation have been satisfied or otherwise settled. 733
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15.32.140 House mover insurance.

No house mover permit shall be issued until the house-mover's permit applicant provides proof to the building department of all insurance policies required by the state contractor's license board, including but not limited to worker's compensation insurance. Special insurance or bonds, other than those specifically mentioned in this chapter, may be required when the city manager or his designee deems such insurance or bonds to be in the best interests of the city.

Chapter 15.40 SWIMMING POOLS

15.40.010 Fencing and enclosure required.

Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water designed for swimming, dipping or immersion purposes, having a depth in excess of eighteen inches, shall at all times maintain on the lot or premises upon which such pool or body of water is located, and completely surrounding such pool or body of water, an enclosure that satisfies the requirements of subsection B of Section 15.08.020. There shall be no openings, holes or gaps therein larger than four inches square. Such openings, holes or gaps shall not be constructed in a horizontal series constituting steps or other means of access. If a picket fence is erected or maintained, the openings or spaces between the pickets shall not exceed four inches. A dwelling house or accessory building may be used as a part of such enclosure.

15.40.020 Fencing and enclosure—Existing pools.

All swimming pools in existence on July 10, 1965, shall be fenced in accordance with the requirements of this chapter on or before June 1, 1966.

15.40.030 Fencing and enclosure—Doors, gates and other openings.

All gates or doors opening through the enclosure required by this chapter shall be equipped with a selfclosing and self-latching device, consistent with the requirements of subsection B of Section 15.08.020, not less than fifty-four inches high, designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. The door of any dwelling house or accessory building and forming any part of the enclosure need not be so equipped.

15.40.040 Required area between pool and surrounding structures.

Every swimming pool constructed after July 10, 1965, shall be constructed so that there is at least five feet between the main building and the swimming pool, that there is at least five feet between a side lot line or rear lot line and the swimming pool, and that there is at least five feet between any auxiliary building and the swimming pool, except that lesser distance may be permitted between a swimming pool and a building if the swimming pool is so designed to maintain the structure integrity of the structure involved. 734
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15.40.050 Compliance with chapter required.

All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this chapter and Chapter 15.08 of this title, and final inspection and approvals of all pools shall be withheld until all requirements of this chapter and Chapter 15.08 of this title have been complied with. 735
Exhibit B
Title 8 - HEALTH AND SAFETY
Chapter 8.16 FIRE PROTECTION CODE

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Chapter 8.16 FIRE PROTECTION CODE1

8.16.010 Application and adoption of the California Fire Code.

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

8.16.020 Amendments to California Fire Code.

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

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

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

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet (334 m2 ) or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department. 1 Editor's note(s)—Section 2 of Ord. No. 1503, adopted Dec. 12, 2016, repealed and replaced in its entirety ch. 8.16 to read as herein set out. Former ch. 8.16 pertained to the same subject matter, consisted of §§ 8.16.010—

8.16.050 and derived from the 1965 Code; Ord. 1380; and Ord. No. 1468, adopted Feb. 11, 2014. 736

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

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

2.1. The prevention of fires.

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

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

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

2.5. The maintenance and regulation of fire escapes.

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

2.7. The maintenance of means of egress.

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

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

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

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

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5 Officers of the California Highway Patrol.

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

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

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

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

Section 104.13 is added to Section 104 of the California Fire Code to read as follows:
104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, 737

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duly authorized public officer or fire department personnel. For the purpose of this section, "hazardous fire area" shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

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

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

Section 107.7 is added to Section 107 of the California Fire Code to read as follows:
107.7 Cost recovery. Fire suppression, investigation, rescue, or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time.

Additionally, any person who negligently, intentionally, or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150 et seq., as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

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

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

Section 112.4 of the California Fire Code is deleted in its entirety and replaced with the following:
112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code.

Punishments and penalties for violations shall be in accordance with the City of Banning ordinances and fee schedules and Health and Safety Code Sections 17995 through 17995.5.

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

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee.

CHAPTER 3. GENERAL REQUIREMENTS
Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lander or similar device.
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CHAPTER 5. FIRE SERVICE FEATURES
Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

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

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

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

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

1. Residential Standard - one (1) four (4) inch outlet and one (1) two and half (2½) inch outlet.

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

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

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

Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet (27871 m2 ) in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.

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

Section 508.1.3 of the California Fire Code is amended to add the following:
739

Page 5 of 7 ends

Exception: A fire command center solely required because a building is greater than 300,000 square feet (27871 m2 ) in area shall be a minimum of 96 square feet (9 m 2 ) with a minimum dimension of 8 feet (2438 mm).

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

Exception: A fire command center solely required because a building is greater than 300,000 square feet (27871 m2 ) in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features.

Section 508.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.7 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating, "Fire Dept. Command Center," located on the door to the fire command center.

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

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

CHAPTER 9. FIRE PROTECTION SYSTEMS
Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet (334 m2 ) or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 - 903.2.20 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

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

1. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet (511 m2 ), and having setback distances of 50 feet (15 m) or more from the property line and other buildings.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Detached Group U occupancy greenhouses less than 5,500 square feet (511 m2 ).

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

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, 740

Page 6 of 7 ends

manufactured homes and multifamily manufactured homes with two-dwelling units in accordance with Title 25 of the California Code of Regulations.

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

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

CHAPTER 49. REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Section 4904.4 is added to Section 4904 of the California Fire Code to read as follows:
4904.4 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009, and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas. 741

Page 7 of 7 ends

APPENDIX B
Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

APPENDIX C
Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections."
(Ord. No. 1555, § 1, 12-10-19; Ord. No. 1586, § 2, 11-8-22; Ord. No. 1595, § 2, 9-12-23) 742

AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
PHN Municipal Code Amendments
___________________________________________________
State of California )
County of Riverside ) SS.

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of
general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737.

That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Oct 17, 2025
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
PHN Municipal Code Amendments | Page 1 of 2
October 17th 2025
743
PHN Municipal Code Amendments | Page 2 of 2
744

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Stephanie Sirls, Transit Manager
Art Vela, Acting City Manager
MEETING DATE: October 28, 2025
SUBJECT: Consideration of Resolution 2025-148, Approving the Short Range Transit Plan for Fiscal Year 2025/2026 – 2027/2028 and Authorizing the Submittal of the FY 2025/2026 Funding Claims
RECOMMENDATION:

Adopt Resolution 2025-148
BACKGROUND:

The Riverside County Transportation Commission (RCTC) is responsible by statute for developing and approving a SRTP for Riverside County (PUC 130303). The SRTP is intended to serve three purposes:

Identify the transit operation services and capital improvements required to meet the transit needs of Riverside County over a three-year period and the proposed sources of funding to carry out the plan.

Serve as a management tool for the operators to guide their activities over the next year.

Provide justification for operating and capital assistance funds.

RCTC is tasked with allocating two primary funding sources to transit agencies: Local Transportation Fund (LTF) and State Transit Assistance (STA). RCTC also allocates State of Good Repair (SGR) and Low Carbon Transit Operations Program (LCTOP) funds.

Local Transportation Fund (LTF)
LTF is derived from a quarter-cent of the statewide general sales tax and is returned to the source from which it was generated. The three areas of apportionment within Riverside County are the Western County, Coachella Valley, and Palo Verde Valley. LTF revenues received from the California Department of Tax and Fee Administration are allocated by RCTC for program administration, regional and local transportation planning, bicycle and pedestrian facilities projects, and transit services. LTF provides a dependable revenue stream for Riverside County public transportation operations.

State Transit Assistance (STA)
STA is derived from the statewide sales tax on diesel fuel. STA is allocated by the State to Riverside County based on population and as a percentage of transit fare revenue. STA revenues received from the State Controller are allocated by RCTC for capital projects related to Riverside County’s public transit operators.

State of Good Repair (SGR)
The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 (Chapter 5, Statues of 2017), signed 745
by the Governor on April 28, 2017, includes a program that will provide additional revenues for transit infrastructure repair and service improvements. This investment in public transit will be referred to as the SGR Program. This program receives funding of approximately $105 million annually. SGR funds are to be made available for eligible transit maintenance, rehabilitation and capital projects.

Low Carbon Transit Operations Program (LCTOP)
LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 by Senate Bill 862. The LCTOP was created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emission and improve mobility, with a priority on serving disadvantaged communities. Approved projects in LCTOP are intended to support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and other costs to operate those services or facilities, with each project reducing greenhouse gas emissions.

Every year the City of Banning is required to prepare a SRTP and submit it to RCTC to receive LTF and STA funds. The City’s SRTP identifies it’s operational and capital funding needs to continue to provide transit service to the community.

JUSTIFICATION:

The City’s transit operations depend on LTF, STA and SGR funds to cover it’s operational and capital expenses. In order to receive these funds the City must submit its formally approved SRTP. The 2025/2026 – 2027/2028 SRTP has been developed by the Public Works Department, Transit Division and reviewed by RCTC staff, who has deemed the SRTP ready for approval.

FISCAL IMPACT:

As proposed in the SRTP, the City will request the following funds:

Operations:

LTF: $2,749,700
LCTOP: $118,773
SGR: $70,000
Total: $2,938,473
Capital:

STA: $2,015,000
Table 4 and the Capital Justification Tables, attached to this staff report, provide additional details of the funding breakdown.

As an obligation of receiving the LTF funds, the City is obligated to provide a 10% farebox recovery match. Based on FY 2024/2025 projections, staff estimates that FY 2025/2026 farebox revenue will be approximately $22,747 (due to the Free Fare Program), which is less than the expected 10% of LTF, even when supplemented by LCTOP funds of $118,773. Additional measures are being taken in an effort to meet the 10% farebox recovery requirement, including increased efforts in marketing the City’s Transit Advertising Program as well as the progress being made on the new CNG Station project which once completed, is expected to generate additional revenue for the Transit Department.

ALTERNATIVES:

Do not approve Resolution 2025-148 and provide alternate direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:
746
No
ATTACHMENTS:

1. Resolution 2025-148 SRTP.docx

2. Banning SRTP FY 26-28.pdf

3. Table4.0A-CapitalProjectJustification 9.28.25.pdf

4. Table4.0-SummaryofFundingRequests 9-28-25.pdf
747
Resolution 2025-148

Page 1 of 3 ends

RESOLUTION 2025-148

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE 2025/2026-2027/2028 SHORT RANGE TRANSIT PLAN (SRTP) AND AUTHORIZING THE SUBMITTAL OF THE FISCAL YEAR 2025/2026 FUNDING CLAIMS WHEREAS, the City of Banning’s transit operations depend on Local Transportation Funds (LTF), State Transit Assistance (STA) and State of Good Repair (SGR) funds to cover its operational and capital expenses; and
WHEREAS, annually the Riverside County Transportation Commission (RCTC) requires that the county’s public transportation agencies develop and submit a Short Range Transit Plan (SRTP) in order to identify and receive LTF, STA and SGR funding; and WHEREAS, a funding claim form and standard assurances must be submitted to RCTC in order to receive allocated funds.

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

SECTION 1. The City Council approves the 2025/2026 – 2027/2028 Short Range Transit Plan, authorizes the City Manager, or designee, to make necessary non-substantive changes, and to execute and submit the Fiscal Year 2025/2026 Public Transit Funding Claims and Standard Assurances on behalf of the City of Banning.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 28th day of October 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Sandra Calderon,
Acting Administrative City Clerk
City of Banning
748
Resolution 2025-148

Page 2 of 3 ends

APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
749
Resolution 2025-148

Page 3 of 3 ends

CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-148, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of October 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Administrative City Clerk
City of Banning, California
750

1 City of Banning SRTP-FY 25/26 – FY27/28
City of Banning
Short Range Transit Plan
FY 2025/2026 – 2027/2028

City of Banning
99 E. Ramsey Street
Banning, CA 92220
951.922.3130
751
2 City of Banning SRTP-FY 25/26 – FY27/28

TABLE OF CONTENTS
1 System Overview

1.1 Description of Service Area 3

1.2 Population Profile and Demographic Projections 5

1.3 Description of Services by Mode/Route 6

1.4 Description of Ridership, Revenue Miles/Hours 7

1.5 Current Fare Structure 8

1.6 Revenue Fleet 9

1.7 Existing Facilities 12

1.8 Existing Coordination Between Transit Agencies 12

1.9 Reference List of Prior Studies and Plans 12
2 Existing Services and Route Performance

2.1 Key Performance Indicators 13

2.2 SRTP Performance Report 15

2.3 SRTP Service Summary 15

2.4 Service Performance 17

2.5 Productivity Improvement Efforts 24

2.6 Major Trip Generators 24

2.7 Recent Service Changes 24
3 Future Service Plans, Fare Changes, Capital Planning and Marketing

3.1 Planned Service Changes for FY 25/26 – FY 27/27 25

3.2 Future Marketing Plans, Studies and Promotion 25

3.3 Projected Ridership Growth 26

3.4 Proposed Fare Structure Changes 26

3.5 Capital Planning 27

4 Financial Planning

4.1 Operating and Capital Budget 29

4.2 Funding Plans to Support Operating and Capital Program 35

4.3 Regulatory and Compliance Requirements 38
 ADA, DBE, EEO, Title VI
 TDA Triennial Audit, FTA Triennial Audit, NTD
 Alternative Fueled Vehicles

4.4 Open Projects 40
752
3 City of Banning SRTP-FY 25/26 – FY27/28
Chapter 1: System Overview

1.1 – Description of Service Area
The City of Banning (“Banning”) is strategically located astride Interstate 10 between the Inland Empire and the Coachella Valley in the San Gorgonio Pass. Banning was incorporated in 1913 and has a rich and colorful history.

Initially Banning served as a stagecoach and railroad stop between the Arizona territories and Los Angeles. This history has contributed to the present-day spirit of pioneer resourcefulness and "can do" attitude that is so prevalent in the community.

Banning has provided public transportation service since April 1973, which expanded to two routes in September 1985. The current transit system comprises two fixed-route services and a Dial-a-Ride system that is limited to seniors (60 + years of age) and persons with disabilities, including riders certified under the Americans with Disabilities Act (ADA). The Route 1, Cabazon service, which began in July 1995, extends from Banning east to the unincorporated area of Cabazon. This route was extended in January 2000 to provide a route deviation to serve a remote residential area in eastern Cabazon. The newest route on the fixed route system, the Banning Circulator, which began in February of 2024, is an extended, blended version of Routes 5 and 6, that includes service to the City’s new Atwell Community. Please note that the Banning Circulator permanently replaced Routes 5 and 6.

The Banning transit system serves several areas, including the commercial and residential areas of Banning and Cabazon, as well as the commercial areas of the Morongo Indian Reservation and limited commercial areas in the City of Beaumont (“Beaumont”). Banning Connect covers approximately 35 square miles in the pass area with routes connecting to regional providers.

Within the service area, the population is mixed with areas of both high and low densities. The current routes have been planned by taking advantage of this knowledge, allowing the system to operate more efficiently.

There is significant growth happening in Banning with the development of two large specific plan development projects and several industrial developments. It is anticipated that growth will provide additional opportunities that will benefit the Banning Connect Transit System. 753
4 City of Banning SRTP-FY 25/26 – FY27/28
Your Transit Team
754

5 City of Banning SRTP-FY 25/26 – FY27/28

1.2 – Population Profile and Area Demographics
Riverside County covers 7,209 square miles with a population of over 2.4 million people in 2023, per the Department of Finance. The population density for Riverside County is 332.9 people per square mile, largely due to the vast desert areas that are not populated.

The City of Banning (“Banning”) covers 23 square miles with a population of 31,680 people in 2023. The population density for Banning is 1,358 per square mile. The racial makeup of the City is as follows:

The average age of the population is the following:
 55 years and over 36.6%
 35 years to 54 years 20.5%
 20 years to 34 years 18.1%
 19 years and younger 24.8%
The average age of the population is 41.5 years old.

White alone
35%
Black or African American
alone
7%
American Indian & Alaska
Native alone
1%
Asian alone
4%
Hispanic or Latino
44%
Two or More Races
9%

POPULATION ETHNICITY
The above breakdown exceeds 100% resulting from reporting multiple races. 755
6 City of Banning SRTP-FY 25/26 – FY27/28

1.3 Description of Services by Mode/Route
TABLE 1

DESCRIPTION OF ROUTES
Fixed Routes Description Area/Service Area
Route 1 Service from Beaumont to Cabazon via the
Banning commercial corridor along
Ramsey Street
Walmart Shopping Center, Sun Lakes Village,
Banning Police Department, Casino Morongo,
Cabazon Outlets, Cabazon Community Center, MidCounty Courthouse, Mt. San Jacinto College (Pass Campus) and the San Gorgonio Memorial Campus
Banning
Circulator
(Previously
5/6 Combo)
Newer route combining Routes 5 and 6 Banning Library, Banning High School, Hemmerling Elementary, Beaver Medical, Walmart, Sun Lakes
Village, San Gorgonio Memorial Hospital, DMV,
Banning Police Department, Mt. San Jacinto
Community College (Pass Campus), Atwell
Community
City-Wide Demand response and origin-todestination shared ride transportation service for senior age (60 years and older)
and persons who are unable to use
accessible fixed route bus service due to
function limitations
City of Banning (3/4 mile from any fixed route bus
stop) and limited areas in Beaumont

756
7 City of Banning SRTP-FY 25/26 – FY27/28

1.4 – Description of Ridership, Revenue Miles, Revenue Hours Ridership
In 2013, a survey was conducted showing the demographics of the Banning Connect Transit riders. The information gathered helped create a visual indication of the use of the system.

The racial makeup of the ridership is as follows:

Furthermore, 86% of respondents stated that they used the system’s fixed routes at least three times a week. 59% of the ridership used the bus service for local trips within the Banning/Beaumont/Cabazon area, and 49% use transit to travel outside of the City’s service area. For 91% of ridership, the bus system is their only means of transportation. An unspecified number of respondents stated that the transit service is readily available in their area, with many riders living within a two-block radius of a bus stop.

A substantial number of users of the system share the commonality of being either underemployed or unemployed, with 88% of riders reporting an annual household income of $20,000 or less and 81% of respondents reporting a family of two or more. 87% of those completing the survey report English as their primary language while 13% speak Spanish.

The City plans to conduct a new survey to document and update the demographics of the users of the Banning Connect Transit System in the upcoming Comprehensive Operations Analysis.
47%
34%
12%
4% 2% 1%

RIDER ETHNICITY
White/Caucasian Hispanic African American Other Native American Asian 757
8 City of Banning SRTP-FY 25/26 – FY27/28

1.5 – Current Fare Structure
The following fare schedule represents a modest increase for most fare types. The City’s fare had remained unchanged from 2012 – 2022.

Fixed Route
Fare Categories Base Fare Day Pass 10-Trip
Punch
Pass
10-Ticket
Book
Monthly
Pass
General $1.25 $3.25 N/A $12.50 $39.00
Youth (grades K-12) $1.00 $3.00 $10.00 N/A $25.00
Senior (60+) $.75 $2.00 N/A $7.50 $24.75
Disabled $.75 $2.00 N/A $7.50 $24.75
Military Veterans $.75 $2.00 N/A $7.50 $24.75
Child (46” tall or under. Must be
accompanied by full fare paying
passenger.)
$.25 N/A N/A N/A N/A
Zone Fare
(Cabazon Residential Area)
$.25 $.25 $.25 $.25 N/A
Deviations (Routes 3 & 4) $.25 $.25 $.25 $.25 $.25
Active Military FREE N/A N/A N/A N/A
GoPass (During school
session only)

FREE N/A N/A N/A N/A
Dial-A-Ride Fares
Fare Categories Base Fare 10-Ride Punch
Card
One-Way $2.00 $18.00
Companion $3.00 N/A
PCA (w/ I.D.) * FREE FREE
No Show $2.00 N/A
*Personal Care Attendant must show proper ID each time they board.

Riders have a few ways of paying fares including purchasing passes at the Community Center and paying for fares on the buses. In FY 2019/2020 the City begun offering fare purchases through Token Transit, which offers fares via the web and a mobile application. It should also be noted that Banning Connect is currently running a three-year free fare program which offers free fare for seniors, veterans, students, persons with disabilities, and Banning residents on our local fixed routes.

758
9 City of Banning SRTP-FY 25/26 – FY27/28

1.6 – Revenue Fleet
Banning Connect operates seven fixed route vehicles and all are powered by compressed natural gas (CNG). The vehicles are equipped with racks for two bicycles and are Americans with Disabilities (ADA) compliant as each bus comes equipped with mobility device lifts and/or ramps and two tie-down stations per bus. Fixed route vehicles range from 1 year to 14 years in age (7 years average age). Banning received three new 32-foot EZ-Rider II CNG buses in August of 2023. Two of the new buses were additions to the fleet rather than replacement in order to maintain a satisfactory spare ratio.

The transit system has four vehicles that are classified as Dial-A-Ride (two in revenue service, one as a spare and one electric van that is being piloted). Dial-A-Ride vehicles range from 1 years to 14 years in age (approximately 6 years average age). The City also has four electric support vehicles which are used for driver relief or administrative errands. Table 1.1 shows the list of the of the City’s revenue fleet inventory.
759
10 City of Banning SRTP-FY 25/26 – FY27/28
760
11 City of Banning SRTP-FY 25/26 – FY27/28
761

12 City of Banning SRTP-FY 25/26 – FY27/28

1.7 – Existing Facilities
The Banning transit system functions as a division within the Department of Public Works of the City and utilizes existing facilities. Customer service aspects of the transit division are available at the City’s Community Center located at 789 North San Gorgonio Avenue, where bus passes are sold, schedules are available and ADA applications can be picked up and returned. Phone calls for general information and questions regarding scheduling are received Monday – Friday from 8:00am to 5:00pm at the Community Center.

Administrative offices for the transit division, as well as the maintenance, parking, fueling of the buses, and storage of bus stop amenities, are located at the City’s Corporation Yard located at 176 East Lincoln Street. The facility is equipped with five service bays, an outside vehicle wash bay, and a CNG station with slow fill dispensers. Maintenance of the transit fleet is performed by the Public Works Department, Fleet Maintenance Division. All dispatch and scheduling for paratransit services are handled at the Corporation Yard location as well.

1.8 – Existing Coordination between Transit Agencies
In 2019, Banning and Beaumont executed a new Interagency Service Agreement (ISA), outlining the relationship between each agency’s operations and the manner in which the transit systems would operate within each City’s service areas including, but not limited to route planning, scheduling, stops, transfers and the dissemination of information. The ISA was renewed by both parties in 2023 and is scheduled for another renewal in June of 2026.

In addition, a Memorandum of Understanding is held with the Morongo Band of Mission Indians allowing stops on their property. Services are coordinated with Riverside Transit Agency (RTA) by providing timed stops that meet with routes that provide travel to and from the areas of Hemet and Moreno Valley (i.e., Route 31 at either Sun Lakes Boulevard just east of Highland Springs Avenue or the Walmart stop along 2nd Street). Riders can also connect with the Amtrak Thruway Bus Service at Casino Morongo.

1.9 – Reference List of Prior or Existing Studies and Plans In FY2022/2023, the City partnered with the Riverside County Transportation Commission (RCTC) and the Center for Transportation and the Environment (CTE) and successfully submitted its Zero Emission Roll-out Plan to the California Air Resources Board (CARB) which contained a commitment and detailed plan to transition to a fully zero-emission bus fleet composed of battery electric buses by 2040, in accordance with the Innovative Clean Transit (ICT) regulation. The City also plans to develop a Comprehensive Operating and Capital Needs Analysis beginning in FY 2024/2025.
762
13 City of Banning SRTP-FY 25/26 – FY27/28
Chapter 2: Existing Service and Route Performance

2.1 – Key Performance Indicators
Projected ridership volumes for this fiscal year demonstrate continued growth with ridership hitting almost 100,000 passenger trips. It is unclear what next year will bring, however an additional increase in ridership is projected for FY26, bringing Banning Connect closer to prepandemic ridership levels. 127k
117k 113k
88k
71k
90k
95k
99k 102k
0k
20k
40k
60k
80k
100k
120k
140k
Fy
2017/18
Fy
2018/19
Fy
2019/20
Fy
2020/21
Fy
2021/22
Fy
2022/23
Fy
2023/24
Fy
2024/25
Fy
2025/26

THOUSANDS
Passenger Trips
Total
763

14 City of Banning SRTP-FY 25/26 – FY27/28

2.2 – SRTP Performance Report
Banning Connect observed a downward trend preceding COVID-19 beginning in 2016. An increase in ridership was realized in the first quarter of FY 2019/2020 resulting from the new Interagency Services Agreement with City of Beaumont, but later drastically dropped due to COVID-19. Ridership numbers are rebounding in FY2024/2025, indicating that ridership is growing in the right direction.

The FY2025/2026 plan predicts that some targets will not be met, however ridership targets are getting closer to pre-pandemic levels. Financial impacts are still occurring with increases in operating costs year after year, independent of the pandemic, such as increases due to national inflation, increased fuel costs, potential tariffs and challenges to the supply chain for parts. These impacts will continue on an upward trend independent of local ridership. This will make it very challenging for the City to meet its 10% fare recovery goals.

2.3 – SRTP Service Summary
All Routes
Ridership had drastically declined over the past five years bringing farebox revenue to much lower numbers than seen in normal years however in FY2023/24 ridership trajectories started to change as the result of a more efficient run cut, the free fare program, new buses and the City’s commitment to providing safe and reliable service. We anticipate that ridership will continue to increase, bringing us that much closer to pre-pandemic levels in FY 2025/26. It should be noted that the city has no excluded routes to report in this SRTP.

Fixed Route Service
The Banning transit system currently has two fixed route services (Route 1 and the Banning Circulator) which serve downtown and neighborhood areas of Banning, both the residential and business areas of Cabazon, and the main commercial area of Beaumont (Walmart). Fixed route operations run from 5:00am to 10:00pm (Route 1), 5:30am to 6:32pm (Banning Circulator) during the week and are adjusted to 8:00am and 5:00pm on the weekends.

The cities of Banning and Beaumont have entered into an Interagency Services Agreement which prohibits either agency from operating a fixed route within each other’s City limits.

Transfers between the Banning and Beaumont transit systems occur at the Beaumont Walmart and San Gorgonio Memorial Hospital stops only. Current route maps are provided at the end of this section.

With the anticipation of ridership levels returning to near pre-pandemic levels, the City expects to be on track from a ridership perspective.
764
15 City of Banning SRTP-FY 25/26 – FY27/28
Dial-A-Ride (DAR)
The Banning transit system Dial-A-Ride is a service offered to seniors, aged 60 and older, and passengers eligible under the Americans with Disabilities Act (ADA). DAR operates from 6:00am to 4:30pm on weekdays and on an as needed basis for the weekends. Trip requests outside of normal operating hours are accommodated for ADA Priority clients. Limited-service hours are available for non-ADA passengers. ADA passengers are required to fill out a certification application to determine eligibility. If terms are met, the applicant receives an approval certifying their eligibility to ride.

The primary uses for the Dial-A-Ride system are transportation to medical appointments, workshop programs for persons with disabilities and shopping areas. Dial-a-Ride services also provide connections to the RTA, Sunline, and Banning and Beaumont fixed routes.

Additionally, demand for paratransit has shown notable growth in FY 2024/25 and is expected to continue to grow in FY 2025/26.

765
16 City of Banning SRTP-FY 25/26 – FY27/28

2.4 – Service Performance
Route 1 – Beaumont/Banning/Cabazon
Route 1 is among the most used routes in the system, operating along Ramsey Street and serving the commercial area Beaumont (Walmart), residential areas of Cabazon and Casino Morongo and the outlet malls in Cabazon. Ridership on Route 1 typically accounts for approximately 70% of the total use of the system.

While the longest in distance, this route operates on a one-hour headway from Beaumont to Casino Morongo. The major stops on this line include Albertsons, Wal-Mart, Banning City Hall, Mid-County Justice Center, Social Services offices in Banning, San Gorgonio Memorial Hospital, Casino Morongo and the Desert Hills Outlets in Cabazon.

The second loop of Route 1 also runs on an hour headway departing from Casino Morongo and servicing the Cabazon Community Center and the residential areas of Cabazon. Two buses are operated on this route which allows for hourly service to the two respective areas.

Route 5/6 - Banning Circulator
Banning Circulator accounts for 20% percent of Banning’s Transit System use, providing service to the areas that lie north and south of the I-10 Freeway in the City of Banning. Major stops on this route are the Mid-County Justice Center, Banning City Hall, the Banning Community Center, Library, Medical Facilities, the Mt. San Jacinto Pass Campus, Banning High School, Smith Correctional Facility, San Gorgonio Memorial Hospital and the commercial area of Beaumont (Walmart).
766
17 City of Banning SRTP-FY 25/26 – FY27/28
767
18 City of Banning SRTP-FY 25/26 – FY27/28
768
19 City of Banning SRTP-FY 25/26 – FY27/28

SERVICE AREA MAP
769
20 City of Banning SRTP-FY 25/26 – FY27/28
770
21 City of Banning SRTP-FY 25/26 – FY27/28
771
22 City of Banning SRTP-FY 25/26 – FY27/28
772

23 City of Banning SRTP-FY 25/26 – FY27/28

2.5 – Productivity Improvements Efforts
Banning staff will continue to monitor key performance metrics throughout the year in order to identify underperforming routes and trips and make adjustments as necessary. Additionally, staff is currently working to develop a Comprehensive Operating and Capital Needs Analysis.

One goal of the COA is to develop a plan for improving the City’s routes to make them more efficient in an effort to meet the needs of the City’s riders. The City is hoping to issue the RFP before the end of FY2024/25.

The City continues to offer mobile ticketing through Token Transit in order to enhance the customer experience by improving the City’s fare program through the use of technology.

Token Transit is available to all users of the City’s fixed route service.

Additionally, in FY 2022/2021 the City deployed the Swiftly platform. Swiftly is a big data platform developed to help transit agencies and cities improve urban mobility. Swiftly utilizes billions of data points using sophisticated algorithms to improve transit system performance, service reliability and real-time passenger information.

The Swiftly platform includes “Transitime”, which provides accurate real-time information for riders and dispatchers via the web and transit mobile apps such as Google Maps, Transit and Moovit. The information provided includes maps showing transit vehicles moving in real-time and accurate arrival prediction, a useful tool for riders and City staff.

2.6 – Major Trip Generators
Major passenger trip destinations that the Banning transit system services are the Sun Lakes Plaza Shopping Center, the Walmart Supercenter in Beaumont, the Banning Justice Center, San Gorgonio Pass Hospital, Optum and Loma Linda Medical Plazas, the Cabazon Outlet Stores, Desert Hills Premium Outlets, Casino Morongo and the Mt. San Jacinto College Pass Campus. There is a high demand for service to these destinations whether for employment, necessities, or pleasure.

2.7 – Recent Service Changes
Effective February 20, 2024, the City interlined Routes 5 and 6, added another bus on the route and rebranded it as the Banning Circulator. This new route also includes hourly service into the City’s new Atwell community. In an effort to continue to recover from the COVID-19 pandemic, hourly service into Cabazon was also restored.

Route Operating Hours
Route 1 5:11am – 10:00pm
Route 5/6 Banning
Circulator
5:30am – 6:28pm
773
24 City of Banning SRTP-FY 25/26 – FY27/28
Chapter 3: Future Service Plans, Fare Changes, Capital Planning and Marketing

3.1 – Planned Service Changes FY 2025/2026 – FY 2026/2027 A scope of work for the Comprehensive Operational and Capital Needs Analysis is currently being crafted to determine capital needs associated with the Zero-Emissions Roll-out Plan as well as to determine if further route changes are needed to ensure optimal service is being provided.

3.2 – Marketing Plans and Promotions
Efforts have been made to market the City’s transit system over the past year and will continue in the coming years. These efforts include purchasing advertising on a map of the San Gorgonio Pass Area, distribution of route maps by delivery to the library, Chamber of Commerce, San Gorgonio Memorial Hospital, Mt. San Jacinto Pass Campus, local hotels, businesses, and social media outlets. Presentations regarding transit services have also been made at local schools, HOA’s, senior centers and hospitals. The City also advertises through its own Transit Advertising Program as well as social media.

Additionally, the City developed a new brand for the transit system called “Banning Connect”:

This new branding was completed in March 2021.

The City has completed the deployment of the Banning Connect Transit System branding and has updated its route maps, bus stop signs, fliers, and exterior/interior bus graphics.

The City’s efforts to promote ridership will include the following in this upcoming fiscal year:

1. Attend senior community meetings to provide information.

2. Articles in local papers highlighting new transportation routes, as needed.

3. Incorporate and coordinate travel training opportunities for the area’s passengers with regional providers including Sunline, RTA and Beaumont. 774
25 City of Banning SRTP-FY 25/26 – FY27/28

4. Offer “Rider Appreciation Day” to raise awareness of benefits of public transportation.

5. Participate with Transportation Now, Senior Transportation Assistance Group, Pass Area Senior Connections, Pass Area Veterans Assistance, Cabazon Community Resources, and other efforts.

6. Increase the City’s social media presence.

The Banning transit system strives to operate service in a manner that will maximize system productivity, efficiency, as well as the use of subsidies. General goals include:
 Develop an ongoing planning process with key agencies and organizations within the region.
 Develop a core group of services that connect key activity points and commit to providing service along those corridors.
 Continually review all services to evaluate the efficiency and needs of the transit system.

3.3 – Projected Ridership Growth
For the past decade, the City of Banning has observed very little private development projects that would have a noticeable impact to ridership. Over the past few years, the City has seen much more developmental activity including entitlements of various commercial developments that could potentially act as ridership generators. There are also two large specific plan developments that amount to approximately 7,700 residential units, multiple schools, commercial/retail phases, and parks.

Additionally, and as previously mentioned in the report, the agreement with the City of Beaumont resulted in a noticeable increase in ridership. This increase was short lived due to the COVID-19 pandemic, which drastically impacted ridership because of the” shelter in place” orders and the closure of many businesses. While ridership has not fully returned to prepandemic levels, the City is optimistic based on recent ridership increases and anticipates a continued growth in ridership based on rebranding efforts, increased efficiencies and service reliability, and the free fare promotion with additional outreach and promotion of the benefits of using public transportation.

3.4 – Proposed Fare Structure Changes
The City proposed a modest increase in fixed route fares effective July 1, 2022. Additionally, the City currently does not receive any revenue from participating in the Go Pass service provide to Mount San Jacinto Community College. Efforts will be made to negotiate compensation, which may determine the City’s future participation in the program. 775
26 City of Banning SRTP-FY 25/26 – FY27/28

3.5 – Capital Planning
Rolling stock
In an effort to accomplish our SRTP goals, the City will strive to keep an efficient and reliable rolling stock. As part of this task, the replacement of buses is essential. The City ordered three new 32-foot EZ-Rider II CNG buses, one Dial-A-Ride cutaway as well as a fully electric paratransit van in March 2023 and received the buses in FY 2023/24. The City currently plans to replace four buses in FY 2024/2025, further described in Chapter 4.

Fixed route vehicles range from 1 year to 14 years in age (7 years average age) and Dial-ARide vehicles range from 1 year to 14 years in age (approximately 6 years average age).

CNG Fueling Station
The City currently owns and operates a Compressed Natural Gas (CNG) fueling facility used to fuel the City’s CNG fleet. The facility is well beyond its useful life and is currently in the construction phase of the project. The project was awarded in September 2023 and construction kicked off in February of 2024 with an anticipated completion date of November 2025. The new station will have a public dispenser, which may provide an additional funding source for the City’s transit service.

Building and Facilities
Investing in transit buildings and facility enhancements is critical for effective capital planning, particularly as the City moves towards more sustainable operations. The proposed future projects, including the purchase of a new gas detection system for transit bus bays, a hydraulic lift with tethered fall protection for the fleet building and additional power and facility upgrades are in line with both safety and regional environmental goals.

Communications and Information Technology Systems
Investing in communications and information technology systems is vital for effective capital planning, especially as we aim to enhance transit operations. The proposed future projects to upgrade and replace transit operations technology (printers, computers, monitors, etc.) and renew the onboard telematics systems on transit vehicles is essential from an improved efficiency, enhanced data collection and analytics, safety and security and customer experience perspective.
776
27 City of Banning SRTP-FY 25/26 – FY27/28
City of Banning
Short Range Transit Plan: FY 2025/2026 – FY 2029/2030
Table 3 Highlights
 City will order four new CNG buses in FY 2024/2025 or early FY 2025/2026  A Comprehensive Operating and Capital Needs Analysis will be conducted to determine capital needs and service modifications (if necessary) to comply with the ZEB roll-out plan.
 CNG Station Rebuild will improve reliability and possibly provide the transit system with a revenue source.
 Upgrade existing bus stops and add bus shelters to highly used stops where a bus shelter currently does not exist.
 Continued participation in the three-year Free Fare program, scheduled to end in FY 2025/26
 Upgrade the transit operations technology
 Purchase of a gas detection system for transit bus bays  Purchase of a hydraulic lift with tethered fall protection for the fleet building  Purchase electric vehicle charging equipment and three electric vehicles (one to pilot on Dial-a-Ride and two support vehicles) through CARB’s Advanced Technology Pilot Program
 Power and facility upgrades will take place once the master planning analysis is completed in an effort to kick-off the City’s first stage of transitioning to zeroemissions. 777
28 City of Banning SRTP-FY 25/26 – FY27/28
Chapter 4: Financial Planning

4.1 – Operating and Capital Budget
For FY2025/2026, operating funds needed to operate the Banning Transit System are $3,113,000 for the Fixed Route and DAR. This is a 15% increase when compared to last year due to an increase in staff (one full-time dispatcher and one part-timer), increased risk management costs, interfund expenses and transfers to Fleet due to the increase in time spent on transit vehicles operating beyond their useful life as well as an increase in pension expenses. Associated operating funds consist of $2,749,700, in local transportation funds (LTF), other local revenue $171,780, State of Good Repair (SGR) funds of $70,000, LCTOP funds of $118,773, and a projected farebox revenue of $22,747. See Table 4 for more details.

A request in the amount of $2,015,000 of State Transit Assistance (STA) funds is included in this SRTP to fund various capital improvement projects to include:
 $350,000 to purchase electric support vehicles and one vehicle to be piloted on DialA-Ride through CARB”S Advanced Technology Pilot Program. Half of these funds will be reimbursed back to RCTC post-purchase
 $647,892 for the SoCalBetterment Project (moved funds from Project 24-01)  $30,000 for the renewal of the transit onboard telematics system (moved funds from Project 23-04)
 $15,000 to upgrade transit staff computers and dispatching equipment  $850,000 for a Gas Detection System for Transit Bus Bays  $800,000 for a Hydraulic Lift with Tethered Fall Protection to work on transit vehicles 778
29 City of Banning SRTP-FY 25/26 – FY27/28
779

30 City of Banning SRTP-FY 25/26 – FY27/28
780
31 City of Banning SRTP-FY 25/26 – FY27/28
781
32 City of Banning SRTP-FY 25/26 – FY27/28
782
33 City of Banning SRTP-FY 25/26 – FY27/28
783
34 City of Banning SRTP-FY 25/26 – FY27/28
784
35 City of Banning SRTP-FY 25/26 – FY27/28
785
36 City of Banning SRTP-FY 25/26 – FY27/28
x

4.2 – Funding Plans to Support Proposed Operating and Capital Program The City is projecting a 3% increase in operating costs per year over the next two years. Tables

4.0 – 4.4 listed below show the upcoming future operating and capital expenditures over the next two years.
786
37 City of Banning SRTP-FY 25/26 – FY27/28
787
38 City of Banning SRTP-FY 25/26 – FY27/28
788

39 City of Banning SRTP-FY 25/26 – FY27/28

4.3 – Regulatory and Compliance Requirements
ADA
The City of Banning submitted an Americans with Disabilities Act Paratransit Plan to the FTA on January 26, 1992. Fixed route buses are equipped with ADA compliant mobility device lifts and are accessible to persons with disabilities. A procedure is in place to provide service to a customer in a mobility device should a fixed route bus lift fail.

Dial-A-Ride services provide ADA complementary paratransit service for the fixed route services operated by Banning Connect. The system uses a self-certification process with professional verification.

Title VI
Banning Connect does not utilize federal funds for operating expenses. As such, Title VI requirements do not currently apply to the transit system.

Alternatively Fueled Vehicles (RCTC Policy)
Fixed-route buses are CNG powered and currently fueled at a City owned and operated CNG fueling station. Dial-A-Ride vehicles (which are less than 33,000 lbs. GVW and 15-passenger capacity) are gasoline-powered while most administrative and driver relief vehicles are electric with a goal of support vehicles being fully electric in FY 2025/2026. The City is currently piloting a fully electric van on paratransit and plans to pilot another in the upcoming fiscal year.

Future vehicle purchases will be in compliance with the RCTC and South Coast Air Quality Management District (AQMD) policies regarding alternative fuel transit vehicles.

TDA Triennial Audit
California’s Transportation Development Act (TDA) requires that a triennial performance audit be conducted of public transit entities that receive TDA revenues. The performance audit serves to ensure accountability in the use of public transportation revenue.

The most recent TDA was completed in FY 2025/2026 (Y2022 – 2024). 789
40 City of Banning SRTP-FY 25/26 – FY27/28
City of Banning

SHORT RANGE TRANSIT PLAN
FY2025/2026 - FY2027/2028
Table 4.5 TDA Triennial
Audit
Recommendations Action Taken and Results
Ensure timely
completion and
submittal of external
TDA financial reports.

The City will be implementing a new ERP system to replace the existing ERP system that is over 20 years old. The new ERP system will automate all journal entry workflows (review and approval) going forward. The City also plans to implement a contract for year-end close to assist with the process, document procedures, and help automate our financial statement preparation.

Consider commissioning
the development of a
Comprehensive
Operational Analysis.

A COA is planned for FY 2025/2026.

Consider the
development of an
advertising program and
other local funds to
support farebox
recovery.

The City’s first Transit Advertising Program was approved by Council March 2023.

The CNG Station project was awarded in September of 2023 and the project is near completion
Maintain efforts to hire
and retain a transit
manager.

Transit Manager was hired July 2022.
790
41 City of Banning SRTP-FY 25/26 – FY27/28
City of Banning

SHORT RANGE TRANSIT PLAN
FY2025/2026 - FY2029/2030
Table 4.6 Open Projects Prior to FY2025/2026
Project Name SRTP Capital Project No's
Project Element
Funding Category Beg to End - Project Timeline Total Project Cost Programmed Funds (not including current FY) FY26 Programmed Funds Unfunded Balance as of current FY Bus Replacement
21-01, 23-01,
24-01, 25-01 1 1 FY21-FY25 4,701,853 4,701,853 0 0
CNG Rehabilitation
22-01, 23-02,
24-03 4 1 FY22-FY26 4,050,000 4,050,000 0 0
Bus Stop Improvements and
Transit Advertising 23-03, 24-04 6 1 FY23-FY26 200,000 200,000 0 0 Paratransit Scheduling
Software 23-04 5 1 FY23 - FY26 30,000 30,000 0 0
Comprehensive Operating
and Capital Needs Analysis 24-07 1`1 1 FY24-FY26 300,000 300,000 0 0 ZE Facility Upgrades &
Infrastructure 25-04 3 1 FY25-FY26 65,000 65,000 0 0
Transit Bus Wrapping
Program 24-05 6 1 FY25-FY27 100,000 100,000 0 0
791
42 City of Banning SRTP-FY 25/26 – FY27/28
LEGEND
Project Elements
1 Revenue Vehicle Purchases 7 Fixed Guideways and Tracks 2 Non-Revenue Vehicle Purchase 8 Debt Service 3 Vehicle Systems and Equipment 9 Maintenance 4 Building, Land and Facilities 10 Security 5 Communication and Information Tech Systems 11 Planning/Feasibility 6 Transit Shelters and Amenities Funding Category
1 Fully Funded 2 Partially Funded
792
FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 23-04 FTIP No: Not Assigned - New Project Project Name: Paratransit Scheduling Software
Category: Communication and ITS
Sub-Category: Rehabilitation/Improvement
Fuel Type: N/A
Project Description: Purchase of paratransit scheduling software Project Justification: The City currently does not have software to efficiently and accurately make and track Dial -a-Ride appointments. Scheduling software will benefit operations by reducing staff resources for these activities and benefit the customers by making the scheduling process easier and more readily available.

Project Schedule:

Start Date Completion Date
January 2023 January 2024
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA - OB FY 2025/26 -$30,000
Total -$30,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
09-10 5.7.2025 MMM added
09-10
23-04
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FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 24-01 FTIP No: Not Assigned - New Project Project Name: Bus Replacement B
Category: Bus
Sub-Category: Replacement
Fuel Type: Other
Project Description: 23-01 Replace three (3) buses and one (1) relief vehicle. 24-01 Replace one (1) bus and three (3) relief vehicles. 25-01 Replace four (4) buses. 27-01 Replace one (1) buses and one (1) relief vehicle. This includes CNG, Gas, and Electric Vehicles
Project Justification: Continue to replace fixed route and cutaway buses that are operating beyond their useful life along with support/relief vehicles for Transit Operations support.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA - OB FY 2025/26 -$647,892
Total -$647,892

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
23-01
24-01
25-01
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FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 26-01 FTIP No: Not Assigned - New Project Project Name: Transit Office Technology Upgrades
Category: Buildings and Facilities
Sub-Category: Upgrade
Fuel Type: N/A
Project Description: Replacing outdated computer equipment in the transit department to include 4 computers and 6 monitors.

Project Justification: Computer equipment in dispatch/supervisor/manager office is beyond its useful life and has not been upgraded in over 8 years. These computers are not able to access certain features required for operations and need to be upgraded.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA PUC99313 FY 2025/26 $15,000
Total $15,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 26-02 FTIP No: Not Assigned - New Project Project Name: Gas Detection System for Transit Bus Bays Category: Buildings and Facilities
Sub-Category: Systems
Fuel Type: N/A
Project Description: The City plans to add a methane detection system for the maintenance facility bus bays Project Justification: For safety, environmental , and regulatory purposes, there is a critical need to update the maintenance facility to include a gas detection system.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA PUC99313 FY 2025/26 $835,453
STA PUC99314 FY 2025/26 $14,547
Total $850,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 26-03 FTIP No: Not Assigned - New Project Project Name: Hydraulic Lift with Tethered Fall Protection Category: Maintenance
Sub-Category: Upgrade
Fuel Type: N/A
Project Description: Hydraulic Lift with Tethered Fall Protection Project Justification: A hydraulic lift with tethered fall protection is needed to enhance maintenance and transit operations while safeguarding mechanic's safety.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA PUC99313 FY 2025/26 $800,000
Total $800,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 26-04 FTIP No: Not Assigned - New Project Project Name: Electric Vehicle Replacements
Category: Support Vehicles
Sub-Category: Replacement
Fuel Type: Electric
Project Description: Replacement for two gas trucks for stops, zones and standby. This project also includes a replacement of one unleaded DAR van.

Project Justification: Vehicle has reached useful life and cost-benefit for maintenance Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
OTHR ST FY 2025/26 $175,000
STA PUC99313 FY 2025/26 $175,000
Total $350,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 26-05 FTIP No: Not Assigned - New Project Project Name: Transit Vehicles GPS System
Category: Communication and ITS
Sub-Category: Systems
Fuel Type: N/A
Project Description: Transit vehicles are currently equipped with onboard GPS, sensors, and on-board diagnostics to monitor vehicle activity. The contract for these services and equipment expires next fiscal year.

Project Justification: Banning Connect's bus telematics contract expires in FY 2025/26 and will need to be either renewed or formally bid.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA - OB FY 2025/26 $30,000
Total $30,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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FY 2025/26 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 26-06 FTIP No: Not Assigned - New Project Project Name: SoCalGas Betterment Project
Category: Buildings and Facilities
Sub-Category: Extension
Fuel Type: CNG
Project Description: The completion of the CNG rehabilitation project requires pipeline to be extended from the street to the meter, and the meter to the new meter for a project cost of $603,392.46. A contract revision to the AED Energy Services contract in the amount of $44,500 is also warranted due to this project.

Project Justification: The Betterment project for the new meter set is required by SoCalGas before the CNG rehabilitation project can be completed.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA - OB FY 2025/26 $647,892
Total $647,892

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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Table 4.0 - Summary of Funding Requests - FY 2025/26
City of Banning
Original
Operating

FARE LCTOP
PUC99313
LCTOP
PUC99314
LTF OTHR LCL OTHR ST [1] SGR PUC99313 SGR PUC99314 SGR-OB PUC99313
Project Total Amount STA - OB STA PUC99313 STA PUC99314 of Funds
Operating Assistance - Prev. Maint. $70,000 $67,477 $2,523 Operating Assistance (BUS) (FY 2025/26) $2,780,000 $16,747 $103,147 $15,626 $2,490,080 $154,400 Operating Assistance (DAR) (FY 2025/26) $283,000 $6,000 $259,620 $17,380 Sub-total Operating $3,133,000 $22,747 $103,147 $15,626 $2,749,700 $171,780 $0 $67,477 $2,523 $0 $0 $0 $0 Capital

FARE LCTOP
PUC99313
LCTOP
PUC99314
LTF OTHR LCL OTHR ST [1] SGR PUC99313 SGR PUC99314 SGR-OB PUC99313
Project Total Amount STA - OB STA PUC99313 STA PUC99314 of Funds
Bus Replacement B - 24-01 $-647,892 $-647,892 $0
Electric Vehicle Replacements - 26-04 $350,000 $175,000 $175,000 Gas Detection System for Transit Bus Bays - 26-0
2 $850,000 $835,453 $14,547
Hydraulic Lift with Tethered Fall Protection - 26-03 $800,000 $800,000 Paratransit Scheduling Software - 23-04 $-30,000 $-30,000 SoCalGas Betterment Project - 26-06 $647,892 $647,892
Transit Office Technology Upgrades - 26-01 $15,000 $15,000 Transit Vehicles GPS System - 26-05 $30,000 $30,000
Sub-total Capital $2,015,000 $0 $0 $0 $0 $0 $175,000 $0 $0 $0 $0 $1,825,453 $14,547 Total Operating & Capital $5,148,000 $22,747 $103,147 $15,626 $2,749,700 $171,780 $175,000 $67,477 $2,523 $0 $0 $1,825,453 $14,547 FY 2025/26 Projected Funding Details
FARE $22,747
LCTOP PUC99313 $103,147
LCTOP PUC99314 $15,626
LTF $2,749,700
OTHR LCL $171,780
SGR PUC99313 $67,477
SGR PUC99314 $2,523
Total Estimated Operating Funding Request $3,133,000
OTHR ST $175,000 [1] This grant is for the Advanced Technology Pilot Program SGR-OB PUC99313 $0
STA - OB $0
STA PUC99313 $1,825,453
STA PUC99314 $14,547
Total Estimated Capital Funding Request $2,015,000
Total Funding Request $5,148,000
TransTrack Manager™ Page 1 of 1
9/28/2025 17:14:15 ET 801

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: October 28, 2025
SUBJECT: Discussion of Options and Obtain Direction regarding Citywide Landscape Maintenance Contracts
RECOMMENDATION:

As requested by the City Council, discuss the three (3) different landscape maintenance contracts within the City with City Council and obtain direction on several options BACKGROUND:

There are currently three (3) landscape maintenance contracts within the City and all three (3) have been awarded to Mariposa Landscape, Inc. (“Mariposa”). Each contract has its own Scope of Work and end date.

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

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

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

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

Zones 1-5 of LMD No. 1 did not include a Consumer Price Index (CPI) increase or escalator to the yearly amounts paid by each homeowner. A maximum 5% CPI escalator was introduced for Zones 6-11. This has left most of those tracts operating in a deficit each year as revenues do not pay for rising costs in utilities and the landscape contractor services. Consequently, most of the landscaping is minimal in the Zones with deficits. Currently, the aesthetics of the District do not meet the community’s expectations. 802
The Scope of Work includes landscape maintenance of LMD No. 1 which is comprised of eleven (11) Zones and includes turf management; plant and shrub maintenance; tree care and pruning; fertilization; an environmental weed and pest control program; and irrigation testing and adjustments. Zones that operate at a deficit receive maintenance in less frequent intervals than Zones that have adequate funds.

Plant replacement and irrigation repairs are an extra cost for all three (3) Citywide landscape maintenance contracts.

The current contractor used for performing landscape maintenance services for LMD No. 1 is Mariposa Landscaping Inc. with an annual contract amount of $5,416.84/month ($65,002.08/year). Additional “as needed” work is comprised of plants, shrubs, flowers, irrigation materials and installation equaling a “not to exceed” amount of $25,000, bringing the total contract amount to $90,002.80. The maximum five (5) single year contract term end date is June 30, 2029.

City Properties
There is a City Properties landscape maintenance contract for landscaped areas within City owned properties and within some areas of public right of way. The scope of work for landscape maintenance services in this contract includes turf management; shrub bed maintenance; tree care and pruning; fertilization; an environmental weed and pest control program; and irrigation testing and adjustments for the City properties listed below:
• Banning City Hall (99 East Ramsey Street) landscaping around building and parking lot • Banning Police Station (125 East Ramsey Street)
• Banning Police Station Northeast Parking Lot (125 E. Ramsey Street) • Fire Station Building (5261 W. Wilson Street)
• Former Armory National Guard Property (2041 W. Nicolet Street) • Brinton Reservoir (1700 N. Mountain Avenue)
• Sunset Reservoir (1202 N. Sunset Avenue)
• San Gorgonio Parking Lot
• Fire Station 89 (172 N. Murray Street)
• Fire Administration Building (3900 W. Wilson Street)
• East Ramsey Street Medians (West and East of N. Hathaway Street) • Highland Spring Avenue Underpass
• Ramsey Street Medians from Highland Springs Avenue to Highland Home Road • Ramsey Street Medians from Highland Home Road to Sunset Avenue The current landscape contractor used for performing landscape maintenance services for City properties is also Mariposa, with an annual contract amount of $13,651.67/month ($163,820/year).

Additional “as needed” work is comprised of plant materials, irrigation materials and installation equaling a “not to exceed” amount of $7,500 bringing the total contract amount to $171,320. The maximum five (5) single year contract term end date is June 30, 2027.

City Parks and Recreational Properties
There is a City parks and recreational facilities landscape maintenance contract for landscaped areas within City owned properties. The scope of work for landscape maintenance services in this contract includes turf management; shrub bed maintenance; tree care and pruning; fertilization; an environmental weed and pest control program; and irrigation testing and adjustments to ensure the irrigation is working properly for the following properties:
• Dysart Equestrian Park (2102 Victory Ave.)
• Lion’s Park (855 South Hargrave St.)
• Repplier Park (201 West George St.)
• Roosevelt Williams Park (1101 East George St.)
803
• Sylvan Park (2798 West George St.)
• Community Center and Senior Center (769 and 789 San Gorgonio Ave.) • Aquatic Center (749 San Gorgonio Ave.)
• Repplier Park and the Community Center parkway (749, 769 and 789 San Gorgonio Ave.) • Richard Sanchez Park and Trail (3758 Cypress Ave.)
The current landscape contractor used for performing landscape maintenance services for City parks and recreational properties is also Mariposa, with an annual contract amount of $12,674.08/month ($152,088.06/year). Additional “as needed” work is comprised of plants, shrubs, flowers, irrigation materials and installation equaling a “not to exceed” amount of $15,208, bringing the total contract amount to $167,296.96. The maximum five (5) single year contract term end date is June 30, 2026.

Therefore, a Request for Proposal (RFP) for this Parks and Recreation facilities landscape maintenance contract will have to be prepared by the end of 2025.

JUSTIFICATION:

The City Council requested that staff research the costs of the three (3) existing landscape maintenance contracts currently performed by Mariposa and provide several options to consider cost saving measures.

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

FISCAL IMPACT:

The cost of all three landscape contracts, in which Mariposa is providing services, without extra “as needed” services combined is $31,742.59/month ($380,911.04/year). Mariposa stated that this translates to a total 8,401 labor hours. They use a two-man crew for the LMD (one foreman and one laborer) and a three-man crew (one foreman and two laborers) for the other two contracts. It is important to note that Mariposa provides an all-inclusive price; equipment (including maintenance and repairs) and materials are included in their contract prices, as is a skilled bench of workers. The purchase and installation of plants, shrubs, ground cover, and irrigation parts are an extra cost.

Below is a summary of Mariposa costs per City contract, without the “as needed” additional work:

Avg. Hourly Rate LMD No. 1 Parks and Rec City Facilities $30.62 $48.45 $52.19
NOTE: MARIPOSA COSTS INCLUDES EQUIPMENT AND MATERIALS
Using City Public Works Department staff the current total annual cost for four (4) Landscape Maintenance workers and one Supervisor at 33% of his time, is $520,735 for a year (fully burdened) which is above the $380,911/year that Mariposa spends on the three (3) landscape contracts, without the “as needed” extra costs; $428,619 with the “as needed” costs. City fringe benefits are comprised of:

PERS retirement, cafeteria plan allowances, FICA and Medicare taxes, Workmans Compensation insurance, annual, holiday and sick leave time, and boot allowances. About 55% of the hourly costs with benefits are solely for the salary, the remaining 45% are the costs of fringe benefits.

CITY STAFF COSTS (to equal landscape vendor annual hours)

POSITION

HOURLY COST (FULLY

BURDONED)

ANNUAL COST
Landscape Maintenance Worker ll
(avg. for I/II/III laddered positions)
$55.41 $115,252,80
Supervisor $86.14 $59,723.73
If the average hourly cost of a City Street Maintenance Worker ll (which is similar to Landscape 804
Maintenance Worker ll) was used, with 1/3 time for a supervisor, for the 8,401 labor hours Mariposa spends on the three (3) landscape contracts, the cost to the City would be $520,735.

Combining the existing three (3) landscape maintenance contracts into one Citywide contract may save funds due to the economies of scale. Additionally, having one large contract may increase competition from more landscape maintenance firms. However, it may increase the LMD No. 1 contract or reduce its level of service even more, since its’ average hourly rate is far below the other two contracts. Bringing the landscape maintenance contract work to City staff in house would be costly, estimated to cost the City $520,735 in labor costs and $50,000 to $100,000 for initial capital costs to purchase equipment.

Additionally, there are some costs, such as Human Resources, that will increase with several additional employees through the City’s cost allocation plan.

ALTERNATIVES:

The City Council requested that Engineering Division staff analyze the possibility of combining all three (3) Citywide landscape maintenance contracts into one contract to determine if economies of scale would yield cost savings. Additionally, the possibility of utilizing Landscape Maintenance staff members was also analyzed.

The City Council can consider several options and then provide direction(s) to City staff as listed below.

Option 1
Combine all three (3) landscape maintenance contracts into one Citywide landscape maintenance contract and prepare a RFP. Analyze the Bid Schedule results for each contract to determine if there are cost savings. Based on current service levels, the City would receive the equivalent of 4 FTE’s for labor in landscape maintenance. This presents opportunities to include economies of scale but may reduce service in the LMD given the significantly lower hourly rate associated with that contract.

Option 2
Combine the two (2) City properties and facilities landscape maintenance contracts and leave the LMD No. 1 contract separate. This action would introduce economies of scale on the Parks and City Facilities contracts. The LMD would continue in its current declining state over time to have services reflect income.

Option 3
Maintain status quo. Keep the three (3) landscape maintenance contracts separate.

Option 4
Revisit previous LMD recommendations to move certain improvements from the LMD to City Facilities.

This could include areas where council determines there is significant public benefit, such as parkways and medians on major roadways (Wilson, Hathaway, Highland Home). These facilities would become an additional general fund expense on the City Facilities contract, but bring areas up to a level of service that meets the community expectations. This was previously discussed with City Council on February 11, 2025 and the staff report is shown as Attachment No. 2. In concert with this action, Options 1, 2, and 3 can still be considered for potential savings with economies of scale.

Option 5
Bring the work in house and have the Parks/Public Works Departments staff perform the landscape work on one, two or three of the landscape maintenance contracts. This action would require the hiring of 805
additional City staff, likely a minimum of 4 new FTE’s to provide an equal amount of time as the contractor provides. Challenges here include temporary staffing challenges and reduction in level of services when there are vacancies, scheduled time off, or unplanned leaves where staff cannot be quickly replaced. Under a contract scenario, the vendor is expected to provide employees throughout those times.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

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

2. SR - LMD Discuss Options, 2.11.2025.pdf

3. Amend No.1 to LMD No.1 Contract with SOW.pdf

4. Amendment No.6 to City Properties.pdf

5. City Parks and Facilities original Scope of Work from 2021 RFP.pdf

6. Amend No. 4 to City Parks and Facilities Contract with SOW.pdf 806
TR 32370
TR 21882
TR 30222 TR 30906
TR 28252
TR 30186
TR 23446
TR 23598
TR 31835
TR 23446
TR 30793
TR 32109
TR 31834
TR 22810
TR 22811
TR 31833
TR 29721
TR 22913
LEGEND
City Boundary
Tracts
Existing Zone
1 2
3 4
5 6
7 8
9 10
LMD No. 1 Zones
2025-2026
11 807
Landscape Maintenance Areas
LMD 1 Proposed Zone 1
Riverside Co. GIS, July 2019

WILSON ST
O
M
A
R
ST

PALM DR

WHITE OAK DR

HOFFER ST

RED BLUFF LN
M

OUNTAIN AVE
FO
O

THILL D
R

GILMAN ST
A

SPEN LN

CATCHEN RD
SUNSET
AVE

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

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

PINE CIR
WILLOW
PL

PEPPER LN

JUNIPER PL

EUCALYPTUS
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
CT

CHESTNUT LN

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

CITY OF BANNING
808
Landscape Maintenance Areas
LMD1 Proposed Zone 2
Riverside Co. GIS, July 2019

WILSON ST

HIGHLAND HO
ME R
D
KIN
G
S

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

HOFFER R
ST

AUTUMN GOLD
RAMSEY
ST

SUMMER CT

FOOTHILL
DR

AUTUMN LN
SPRING
VIEW
DR

FALLING LEAF LN

SPRING CT

CASEY CIR

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

WINTERBERRY CT

CORNUCOPIA CT
LE
SLIE C
T

WINTERGREEN CT

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

BEVERLY
D
R
GRAND
VIEW
AVE
LORI
WAY

CO P PERLEAF LN
G

OLDEN S
KY
C
T

PROSPECTOR CIR
MEADOW
WAY
C
ST

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

CITY OF BANNING
809
L
andscapeMaintenanceAreas
LMD1ProposedZone3
Riverside Co. GIS, July 2019
W
I
L
S
O
N
S
T

PEPPER LN

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

DOROTHY ANNA DR

DYSART DR
G
E
O
R
G
E
S
T

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

FALLING LEAF LN

OMAR ST

FOOTHILL
DR
41ST ST
40TH AVE

WINTERBERRYCT

CORNUCOPIACT

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

KELLOGG DR

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

CITYOFBANNING
810
Landscape Maintenance Areas
LMD1 Proposed Zone 4
Riverside Co. GIS, July 2019

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

AUTUMN GOLD

SUMMER CT

WINCHES
TER
D
R

GEORGE ST
AUTUMN
L
H
N

IGHLAND HO
ME R
D

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

CATCHEN RD

BUNKER HILL RD

SPRING CT

WINTERBERRY CT

CORNUCOPIA CT

JACINTO VIEW RD

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

OUNTA NI AVE

WESTERN SUNSET RD

COPPERLEAF LN

KINGSTON RD

COMSTOCK
RD

GOLDRUSH
PL

PRAIRIE
PL

FOOTHI L L
DR
G

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

CITY OF BANNING
811
Landscape Maintenance Areas
LMD1 Proposed Zone 5
Riverside Co. GIS, July 2019

ECLIPSE
DR

WILSON ST

MOONBEAM DR
G
R
O
VE S
T

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

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

SILVER STAR
DR

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

CITY OF BANNING
812
L
andscapeMaintenanceAreas
LMD1ProposedZone6
Riverside Co. GIS, July 2019
B
R
YA
N
S
T

DRIFTWOOD CIR

HATHAWAY ST

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

CITYOFBANNING
813
Landscape Maintenance Areas
LMD1 Proposed Zone 7
Riverside Co. GIS, July 2019

WILSON ST

PALM DR

HIGHLAND HO
ME R
D

HOFFER ST

DOROTHY
ANNA
D
R

CATCHEN RD

RED BLUFF LN

GILMAN ST

ELSIE LEE CIR
M
O
U
N
TAIN
AVE

TERRY LEE CIR
O
M
A
R
ST
SPRING
D
R

FALLING LEAF LN
ELM DR

WINTERGREEN CT CORNUCOPIA CT
DYSART
DR

WESTERN SUNSET RD

PEPPER LN
41S
T
S
T
ELISA
DAWN
DR

FOOTHILL
D
R

MERIDIAN AVE

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

CITY OF BANNING
814
L
andscapeMaintenanceAreas
LMD1ProposedZone8
Riverside Co. GIS, July 2019
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
RY
AV
E

DRIFTWOOD CIR

HARGRAVE ST

JUAREZ ST

HERMOSA AVE

LISA LN

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

CITYOFBANNING
815
L
andscapeMaintenanceAreas
LMD1ProposedZone9
Riverside Co. GIS, July 2019
C
H
A
R
L
E
S
V
I
C
T
O
RY
AV
E

HARGRAVE ST

HERMOSA AVE

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

CITYOFBANNING
816
Landscape Maintenance Areas
LMD1 Proposed Zone 10
Riverside Co. GIS, July 2019

RED BLUFF LN
D
Y
S
A
R
T
D
R

CYPRESS
ST
M
OU
NTAIN
AVE

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

EVERGREEN LN
BILBER
RY
LN

PINE CIR
WILLO
W
PL

EUCALYPTUS
D
R

DAISY LN
S
Y
C
A
M
O
RE C
T

WOOD LN
G CT

CHESTNUT LN

CEDAR LN

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

CITY OF BANNING
817
C
PEPPER
GILMAN

WILLOW PL
OAK LN

CHESTNUT LN

CEDAR LN

RED BLUFF LN

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

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

FOOTHILL DR

PINE CIR

BILBERRY LN

MOUNTAIN AVE
LN
AMORE
Riverside Co. GIS, July 2019
818

CITY OF BANNING

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

In advance of the preparation of the Annual Engineer’s Report for Assessment, discuss the background, operation and maintenance, and budget of Landscape Maintenance District No. 1 (“LMD No. 1” or “District”) with City Council and obtain direction on several options.

BACKGROUND:

LMD No. 1 in the City of Banning was established through the adoption of Resolution 1990-59 on August 14, 1990 (9 tracts), with another development, Tract No. 22913, being annexed into the District in 1992. An additional five tracts and three tentative tracts were annexed into LMD No. 1 (Annexation No. 1) when the City Council approved Resolution 2005-36 on May 10, 2005.

Annexation No. 2, adding Tract No. 32370, occurred on November 14, 2023 when the City Council approved Resolution No. 2023-177. There are currently eleven (11) Zones and 1,034 assessment units (i.e. properties) in LMD No. 1. A map displaying the District and its’ Zones is shown as Attachment 2.

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

Every year, Engineering Division staff prepare three staff reports as part of the levy and assessment process required by the Streets and Highways Code. After the initiation staff report, an Engineer’s Report is prepared in house and the intention to levy assessments and approval of 819
LMD No.1 Discuss Options
January 28, 2025

Page 2 of 7 ends

the Engineer’s Report is bought before the City Council. Lastly, a Public Hearing confirming the assessment for the next FY is held.

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

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

Previous Proposition 218 Attempt
In 2019, due to the revenue shortfall and the lack of funding for replacement projects, the Public Works Department hired Webb Municipal Finance, LLC (Webb) to analyze the existing LMD No. 1 structure, prepare a financial analysis in the form of a Financial Report, and determine the proper zones and assessment amounts for each tract in order to assure the LMD No.1 is operated with a balanced budget. The consultant prepared a detailed analysis and budget for all the existing tracts within LMD No. 1 and recommended that it be rezoned in a manner that allows each tract to pay only for benefits that it is receiving. Thus, ten (10) new Zones were developed to better reflect each tract’s unique expenses and revenues, and benefits bestowed to its’ property owners residing within the Zone, as shown in Attachment 2, the LMD No.1 map. Zone No. 11 was annexed into the LMD No. 1 on November 14, 2023, and is comprised of Tract No. 32370, known as Canterbury.

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

The newly annexed Zone 11 also has an annual CPI adjuster.

LMD Remedies/Revisions
Since this failed Prop 218 attempt, the Public Works Dept. has reduced landscape contractor services and water and electric costs in the Zones with annual operating deficits, as explained below. The guiding principle used by the Public Works Department is that each Zone should be self-sufficient with regard to its budget and not use public general funding. Despite these efforts, some Zones are still in deficit although services and utilities were cut to a minimum level.

Currently, the aesthetics of the District do not meet the community’s expectations. 820
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On April 9, 2024, a workshop was held with the City Council and the Deputy Director of Public Works/City Engineer presented the LMD No. 1 Update and discussed the items below.

Attachment 3 is the Agenda packet from that meeting. City Council members suggested the Public Works Dept. keep reducing services and costs.

Service Reductions:

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

For FY 24/25, in the Zones that have a balanced budget (Zones 6,7,10 and 11) and in Richard Sanchez Park of Zone 1, mowing occurs weekly, and shrubs are maintained biweekly in the summer months. In the Zones with deficits, mowing occurs biweekly, and shrubs are maintained quarterly. The current landscape contractor for FY 24/25 is Mariposa Landscapes Inc., and their Bid Schedule/Scope of Work is shown as Attachment 4.

De-annexation/Dissolution of a Zone:

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

De-annexation or dissolution would be considered on a very limited basis. Zones that have stormwater retention and water quality devices must be maintained to ensure the City’s compliance with the Regional Water Quality Control Board permits. The City would also like to avoid de-annexation for ‘out of sight, out of mind’ areas, such as landscaping at the rear of a residential property that is separated from the property by a block wall. Some cases may require that the zones establish a Homeowners Association (HOA).

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

Transfers to Parks Department:

City Council may consider transferring portions of the LMD to another department to assume the funding, maintenance, and operations of portions of the LMD. This could be applicable to Richard Sanchez Park in Zone 1. This park was developed as an amenity to the surrounding tract of homes, and at the time of its creation, did not meet the minimum size requirements to be accepted as a public park by the City. If this facility were to be transferred from the LMD to the 821
LMD No.1 Discuss Options
January 28, 2025

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Parks Department, it would come with a permanent funding obligation need by the Parks Department and the City’s General Fund.

New Zone 12:

Engineering Division staff worked with the City’s legal counsel to discuss alternatives and pathways to improve the maintenance and appearance of the LMD. One option discussed would be to provide a public subsidy for portions of the LMD that have a community appeal.

This was described as landscape areas that serve a benefit to the community, such as roadway landscaping along major thoroughfares.

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

Any transference of portions of the LMD would require a new and permanent General Fund appropriation for the maintenance and operation of the landscaped areas. The estimated costs would need to be established during the preparation of the Engineer’s Report, but is estimated at between $150,000 and $200,000, with annual increases due to rising labor and utility costs.

The City would also be responsible for any capital costs, including replacement of irrigation equipment or replacement/enhancement of plant materials.

Additional Remedies:

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

Recent Updates:

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

Zone 1
• Option 1: Maintain status quo
o Cessation of maintenance at Richard Sanchez Park, focus funding solely on storm water compliance of the retention basin, maintenance to ensure it functions.
• Option 2: Transfer maintenance costs of Richard Sanchez Park to the Parks Dept. o Required new general fund obligation to the Parks Dept. in perpetuity. o Prioritize LMD assessment to storm water basin, then street frontages. • Option 3: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage. • Other Considerations:
o Transfer of Mountain Ave. frontages to new Zone 12, as a General Fund perpetual obligation.
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o Some combination of the above options.

Zone 2
• Option 1: Maintain status quo
o Cessation of maintenance to eliminate turf and replace with mulch, no landscaping.
• Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage. • Other Considerations:
o Transfer of Highland Home Road median and Wilson Street frontages to new Zone 12, as a General Fund perpetual obligation.
o Some combination of the above options.

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

Zone 4
• Option 1: Maintain status quo
o Cessation of maintenance on Alder Ct. to eliminate turf and replace with mulch, no landscaping and only maintain along Wilson Street.
• Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage.

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

Zone 6 (annual operating surplus and reserves)
• Option 1: Maintain status quo
o Utilize reserves over time to complete turf conversions and lower utility costs. • Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage.

Zone 7 (annual operating surplus and reserves)
• Option 1: Maintain status quo
o Utilize reserves over time for continued tree pruning. • Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage.

Zone 8
• Option 1: Maintain status quo
o Continue with minimal landscape services.
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• Option 2: De-annexation and return the frontage along both sides of Charles Street to adjacent property owners.
o Utilize reserves to connect irrigation to household utility. • Option 3: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage.

Zone 9
• Option 1: Maintain status quo
o Cessation of maintenance and eliminate landscaping and irrigation on Hargrave Street and Victory Ave., replace with mulch and removal of trail vinyl fencing. • Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage.

Zone 10 (annual operating surplus and reserves)
• Option 1: Maintain status quo
o Utilize reserves over time for continued tree pruning. • Option 2: Attempt Prop 218 adjustment to cover LMD costs within the Zone o Increase assessments within the Zone. No guarantee of passage.

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

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

If the City Council elects to reassess costs, add a CPI escalator and hold a Prop 218 balloting proceeding, a consultant will have to be obtained, similar to the work that Webb did in 2019 and 2020. The Engineering Division estimates consultant costs at approximately $70,000 to complete the Prop 218 work, which would be an additional cost to the LMD.

JUSTIFICATION:

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

FISCAL DATA/IMPACT:

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

ALTERNATIVES:

This item is updating the City Council and staff are seeking direction on which option(s) to move forward with for each Zone within the District for FY 25/26. 824
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ATTACHMENTS:

1. Presentation

2. LMD No. 1 Map of Zones

3. April 9, 2024 LMD Update Workshop Agenda Packet

4. LMD Contractor’s current FY 24/25 Bid Schedule/Scope of Work Approved by:
_________________________
Douglas Schulze
City Manager
825
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C01040) FOR LMD NO. 1 LANDSCAPE MAINTENANCE SERVICES

BY AND BETWEEN CITY OF BANNING AND MARIPOSA
LANDSCAPES, INC.

THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Mariposa Landscapes, Inc., a California Corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 25, 2024 for the purpose of providing LMD.1 Landscape Maintenance Services (“Agreement”) following Landscape Maintenance Services for LMD No.1 by bid RFP #23-061, as approved by City Council Resolution 2024-108.

B. City and Contractor now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to One Hundred Eighty-Three Thousand Two Hundred Thirteen Dollars and Thirty-Four Cents ($183,213.34).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Ninety Thousand Two Dollars and Eight Cents ($90,002.08) thereby increasing the Contract Sum, as set forth in Section

2.1 of the Agreement, to One Hundred Eighty-Three Thousand Two Hundred Thirteen Dollars and Thirty-Four Cents ($183,213.34)

1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.

1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 1, attached hereto and incorporated herein.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F May 27, 2025
1022 86
“Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No.1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1 the provisions of this Amendment No. 1 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.

2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1023 87
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING MARIPOSA LANDSCAPES, INC
Robert Fisher,
Acting City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F Antonio Valenzuela
Secretary
President
Terry Noriega
2025-067
1024 88
ATTACHMENT NO. 1
FY 2025-2026 BID SHEET PROPOSAL
“Operation and Maintenance of Landscape Maintenance District No. 1” ZONE TRACT NO. SPECIFIC LOCATION FREQUENCY

UNIT COST
(PRICE/
MONTH)
1 22810, 22811,
22913
Oregon Trail, east side, per site
visit with staff
Shrubs and ground cover
quarterly.
$324.52
1 30186 Mountain Avenue, Wilson Street
and Oregon Trail west side, does
not include Retention Basin, per
Plans and site visit with staff
Shrubs and ground cover
quarterly.
$739.80
1 30222 Mountain Avenue, per Plans and
site visit
Shrubs and ground cover
quarterly.
$215.26
2 21882 Wilson Street and Highland
Home Road west side, per Site
Visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$636.07
2 23446 Wilson Street and Highland
Home Road east side, includes
median on Highland Home Road,
per Site Visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$636.07
3 29721 Wilson Street and Omar Street,
east side, per Site Visit with staff
and per Plans
Mowing frequencies:

Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.

Shrubs frequency:
quarterly.
$98.95
4 32109 Wilson Street and Alder Court,
west side, per Site Visit with staff
and per Plans
Shrubs and ground cover
quarterly.
$185.67
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1025 89
5 23598 Wilson Street, Sunrise Ave. and
includes Moonbeam Drive
frontage per site visit with staff
and per Plans
Mowing frequencies:

Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.

Shrubs frequency:
quarterly.
$449.65
6 28252 Hathaway Street, west side, per
Plans and site visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$299.27
6 28252 Retention Basin, per Plans and
site visit with staff
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$243.04
7 30793 Wilson Street, Foothill Drive,
includes portion of Omar Street,
per Site Visit with staff and per
Plans
Shrub frequencies:

Biweekly May 1 through
Aug. 31, then monthly.
$181.21
8 31833 Charles Street, north side, per
Site Visit with staff and per Plans
Mowing frequencies:

Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
$110.59
8 31834 Charles Street, south side, per
Site Visit with staff and per Plans
Mowing frequencies:

Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
$110.59
9 31835 Charles Street, Hargrave Street
and Victory Avenue, (tract
perimeter) per Site Visit with
staff and per Plans
Shrubs and ground cover
quarterly.
$517.84
10 30906 Mountain Avenue, west side and
interior Oak Lane, per Site Visit
and per Plans
Mowing frequencies:

Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
$400.86
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1026 830
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
10/11 30906, 32370 Retention Basin, per Site Visit
and per Plans
Tree trimming annually. $191.47
11 32370 Mountain Avenue, west side,
North and South of Cedar Lane,
frontage along the tract, per Site
Visit and per Plans
Shrub frequencies:

Biweekly May 1 through
Aug. 31, then monthly.
$75.98
GRAND TOTAL:
(Cost/month) $5,416.84

Note:“Per plans” means the Tract has improvement plans on file.

Retention Basins in Zone 1 will include trash pickup and weed abatement twice per year in price above for Zone 1. The frequency may be reduced in a Zone depending on the budget for that Zone during the term of the contract or Fiscal Year.

CPI OF 2.94% was applied to the original Bid Sheet cost submitted in the FY 24/25 proposal, per the Contract.

TOTAL ANNUAL COST FOR LMD NO. 1 FY 25/26: $65,002.08
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1027 831
AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL SERVICES (C00763)

FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.

1. PARTIES AND DATE
THIS AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT (“Amendment No. 6”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”) is effective this day of:
__________________.

2. RECITALS

2.1 City and Consultant entered into an agreement dated July 6, 2022 for the purpose of providing Landscape Maintenance Services (“Master Agreement”) following Request for Proposals, RFP #2022-86 and approved by City Council Resolution No.2022-86.

2.2 City and Consultant have entered into an Amendment No.1 to the Master Agreement dated May 8, 2023, for the purpose of modifying the Scope of Services and increasing the compensation by an amount not to exceed Seven Thousand Two-Hundred Forty-Eight Dollars ($7,248.00) to the Master Agreement.

2.3 City and Consultant have entered into an Amendment No.2 to the Master Agreement dated, June 7, 2023 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Thirty-Nine Thousand Seven Hundred Ninety-Three Dollars and Sixty-Four Cents ($139,793.64) as approved by City Council Resolution No. 2023- 095.

2.4 City and Consultant have entered into an Amendment No.3 to the Master Agreement dated, September 14, 2023 to exercise the option to extend the Agreement for an additional services and to provide compensation in an amount not to exceed Four Thousand Two Hundred Twenty-Four Dollars ($4,224.00).

2.5 City and Consultant have entered into an Amendment No.4 to the Master Agreement dated, June 25, 2024 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2025, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Forty-Eight Thousand Three Hundred Seventy-One Dollars and Forty-Eight Cents ($148,371.48) as approved by City Council Resolution No. 2024-081.

2.6 City and Consultant have entered into an Amendment No.5 to the Master Agreement dated, March 26, 2025 to provide additional compensation for as-needed services in the amount not to exceed Fifteen Thousand Dollars ($15,000.00).

2.7 City and Consultant now desire to amend the Master Agreement to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2026 and to provide Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 May 27, 2025
1017 832
compensation for the additional one-year term in an amount not to exceed One Hundred Seventy-One Thousand Three Hundred Twenty Dollars ($171,320.00) NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:

3. INCORPORATION OF RECITALS

3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.

4. AMENDMENT TERMS

4.1 The maximum compensation for services performed pursuant to this Amendment No. 6 to the Master Agreement, is hereby amended and shall not exceed One Hundred Seventy-One Thousand Three Hundred Twenty Dollars ($171,320.00) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Six Hundred Twenty-Six Thousand Seven Hundred Sixty-Four Dollars and Twelve Cents ($626,764.12). Work shall be performed at the rates set forth in the Master Agreement.

4.2 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.

4.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.

4.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Master Agreement as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5, shall remain unchanged and in full force and effect.

4.5 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.

4.6 The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other Agreement to which said party is bound.

4.7 This Amendment No. 6 may be signed in counterparts, each of which shall constitute an original.

4.8 Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 1018 833
signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 1019 834
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 6 to the Master Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Caroline Patton Date
Administrative City Clerk
APPROVED AS TO FORM:

Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO THE CONSULTANT’S BUSINESS ENTITY.

Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 Secretary
5/29/2025
Antonio Valenzuela
Terry Noriega
5/28/2025
President
5/29/2025
5/31/2025
1020 835
ATTACHMENT “A”
Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 1021 836
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
IV. SCOPE OF WORK
IV.A Introduction
The City of Banning is seeking proposals from qualified contractors and intends to retain the services of a contractor to provide landscape maintenance services for its properties throughout the City. The City is considering awarding a contract to begin April 1, 2021, for a term of one (1) year and (3) three months with the option to renew for an additional four (4) single years upon an annual review of the provided services. The City of Banning reserves the right to accept or reject any or all proposals. These Specifications and Scope of Services shall become part of the contract Agreement.

The scope of services includes turf management; shrub bed maintenance; tree care and pruning; fertilization; environmental weed and pest control program; and irrigation equipment and operations for all locations identified in this Request for Proposals (“RFP”) and listed below:
• Dysart Park (2101 W. Victory Avenue)
• Lion's Park (9955 S. Hargrave Street)
• Repplier Park (201 W. George Street)
• Roosevelt Williams Park (1101 E. George Street)
• Sylvan Park (2801 W. Nicolet Street)
It is the responsibility of the Contractor to visit the sites and become familiar with the project locations and maintenance needs. It is the City’s expectation that all land care and maintenance items identified in this RFP will be addressed.

IV.B TURF MANAGEMENT

1. Lawn Mowing

1. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.

2. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.

3. Mowing height for all irrigated lawn areas will be no less than 1 ½” and no more than 2” for a finished cut height unless otherwise requested. Turf will be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where 837
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

4. Unless otherwise specified, grass cuttings need not be removed. However, when an inordinate amount of grass is evident, removal may be requested by staff with no extra charge to City for such removal by contractor. Clippings shall be legally disposed of offsite at the Contractor's expense. Special note: frequencies and turf height may change throughout the year in order to accommodate sports activities and facility use schedule; staff may request change in such turf height to address such activities.

5. Work shall be performed on the same day each week. Contractor shall provide a mow schedule to the City. Initial week schedule and any changes must be approved by the City prior to implementation. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within (3)) three working days.

6. Aeration: Contractor shall aerate all turf areas a minimum of once a year by removing one 1/2" diameter by 3" deep cores of sod with an aerator machine with not more than 66" spacing, once over. Aeration shall take place at an approved time frame each year. In addition, the tops of all mounds and any areas that show excessive compaction shall receive additional treatment as required, to alleviate this condition and allow for proper water penetration and minimal runoff. All damaged areas larger than 4" by 4" shall be seeded on an as-needed basis. The cores shall be dragged to breakup cores and allowed to remain or be removed at the Contractor's discretion with approval of the City.

7. Over seeding:- Annual (one time per year) over seeding shall take place. Contractor shall prepare turf (verticutting and aeration) prior to applying seed. Seed shall match existing lawn and will be provided by the City. All labor and the equipment to perform the over seeding will be the responsibility of the Contractor.

2. Edging and String Trimming

1. Concurrent with every mowing, all turf grass borders shall be neatly and uniformly edged or trimmed. String trimmers (weed eaters) or similar equipment shall not be used around trees or shrubs or wooden posts or for hardscape/pathways/mow strips edging. This trimming shall include cutting all grass along walls, fences, foundations, curbs, sidewalks, shrubs, tree trunks, poles, guy wires, or other object within or immediately adjacent to lawn areas. Trim shall not exceed one half(1/2) - inch from hardscape.

2. Trim around sprinkler heads as necessary to allow maximum water coverage.

Trimming shall not expose the sprinkler body or trim cap.

3. Care shall be taken to avoid damage to tree trunks, shrubs, sign posts, buildings, and other structures. Damage shall be promptly reported to the City's representative and repairs made promptly at the Contractor's expense. Any damage to tree trunks and/or shrubs shall be considered neglect and shall be replaced at the discretion of DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 838
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
City staff at the Contractor's expense. All walkways, roadways, trails or other areas dirtied by edging operations shall be cleaned and all debris disposed offsite prior to the completion of the day's operations or end of the day, whichever occurs first.

CLIPPINGS/DEBRIS SHALL NOT BE BLOWN INTO STORM DRAINS OR INTO GUTTERS THAT DRAIN INTO STORM DRAINS BUT SHALL BE LEGALLY DISPOSED OF.

3. Clearing of Walks

1. At the conclusion of each visit, walks adjacent to work areas will be blown clean.

IV.C SHRUB BED MAINTENANCE

1. Landscaped areas will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.

2. Planter beds will be groomed to promote an attractive, fresh appearance.

3. Concrete swales (if applicable) to be kept clear of miscellaneous dirt and debris.

4. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis. Trimming and edging are to be performed monthly and weeding is to be performed weekly. Major pruning will be done following flowering or during plant dormant season.

1. Pruning shall be performed by Contractor’s designated staff member who is trained and demonstrated competency in proper pruning techniques.

2. Prune shrubbery and hedges at established maintenance height.

3. Prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

4. Shearing of plants will occur only where previous practice has been to shear, or as directed.

5. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.

6. Dead or damaged shall be removed whenever possible.

7. Contractor shall monitor trees for signs of disease and insect infestations. If affected, appropriate recommendations for treatment shall be submitted to the City. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem.

IV.D TREE CARE & PRUNING

1. All trees will be “skirted” as needed per the City’s request to allow for pedestrian and vehicle clearance. Remove lower branches of trees when in conflict with growth of DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 839
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
planning beneath. On trees that are over 12’ only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement.

2. All trees under 12” total height will be pruned to remove weak, dead, damaged, and diseased portions of the plant for natural growth development.

1. Cuts will be flush and clean, leaving not stubs, or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

2. Dead or damaged portion shall be removed whenever possible.

3. Pruning to be performed by Contractor’s designated staff member who is trained and demonstrates competency in proper pruning techniques.

4. Contractor shall monitor trees for signs of disease and insect infestations. If affected, appropriate recommendations for treatment shall be submitted to the City. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem.

3. Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the trunk and encourage root support. Replace stakes when damaged.

IV.E FERTILIZATION

1. Contractor shall provide all labor and materials to fertilize lawn, shrubs and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

1. Turf, shrub and ground cover areas will be fertilized with specifically formulated products including well-balanced, slow-release fertilizers customized seasonally by Contractor. Seasonally refers to “Winter” and “Summer” and different fertilizers will be used based on ground temperature.

2. Fertilizer product will be selected based on plant type and season.

IV.F ENVIRONMENTAL WEED AND PEST CONTROL PROGRAM

1. All applications and herbicides or pesticides will be performed under the direction of California Licensed & Certified Pest Control Specialist. All safety precautions will be taken in the handling and application of chemicals as stated on manufacture’s labels.

2. Broadleaf turf weeds will be treated as needed in the “Spring” and “Fall” with applicable materials.

3. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by using selected herbicides, including pre-emergent herbicides.

DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 840
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks

4. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measure will be made.

5. Material Safety Data Sheets (MSDS) for all chemicals used on site(s) are available from Contractor to clients in accordance with EPA and OSHA regulations. Sheets shall be provided to the City.

6. Notice of scheduled use of pesticides and herbicides must be given to the City prior to use and signage on site may be required prior to application at the City's discretion.

7. Contractor shall be in compliance with requirements for hazardous communications programs. Pest control specialist are to be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.

IV.G IRRIGATION EQUIPMENT AND OPERATION

1. . Schedule all irrigation controllers on project to maximize existing irrigation systems efficiency. Controller programs will be adjusted as determined by weather and plant requirements, with water conservation methods in place. Controllers will be shut off during periods of rain. Watering will be scheduled for night or early morning unless instructed differently by City’s representative.

2. Clean and adjust sprinkler system to provide the best coverage possible from existing system. Turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arch and maximum efficiency.

3. Upon inspection, any accidental damage or vandalism caused by others shall be reported to owner within 48 hours. Repair and/or replacement of any damaged of malfunctioning components beyond Contractor’s control will be submitted as an extra.

4. The irrigation system shall be checked after each mowing for any damage. Damage caused to the irrigation system by Contractor shall be repaired within forty-eight (48) hours, unless otherwise agreed to, at no charge to the City.

IV.H GENERAL CONDITIONS

1. City is responsible for all cost associated with water.

2. Contractor will provide uniformed staff supervised by fully trained Supervisors and Area Manager. Radio and cellular phone communication will be available.

3. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor and the City. A monthly written, comprehensive maintenance and inspection reports shall be submitted with monthly billings.

4. Debris generated by landscape activities will be removed from the site unless prior arrangements are made. Debris collected by the Contractor will be recycled and or DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 841
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks
composted. Contractor will submit a monthly diversion summary report stating diverted quantities and facilities utilized for recycling materials.

5. During routine maintenance visits, the Contractor is responsible for removing trash and debris from the properties.

IV.I CONTRACTOR COMPENSATION
The City shall pay Contractor, as compensation for the services to be performed, the sum of per month listed in the Contract Agreement with additional adjustments as specified thereinafter.

Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2022, during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino- Ontario Area, or any successor index agreed upon by the City and Contractor, as set forth over the previous available twelve (12) months prior to the date of adjustment.

IV.J ADDITIONAL WORK

1. The Parks and Recreation Director or designee may authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the specifications with the exception of additional sites, or portions thereof that may be added and shall be in writing.

2. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials cost. No work shall commence without written authorization from the Parks and Recreation Director, or designee. In the event that conditions exist where there is imminent danger of injury to the public or damage to property, the Parks and Recreation Director or designee may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the Parks and Recreation Director or designee for written approval.

3. The cost estimate for additional work shall consist of the following elements:

1. Wholesale cost of materials including sales tax plus ten percent (10%).

2. Base cost of labor plus fifteen percent (15%) for overhead and profit.

4. Change Order - Written authorization for additional work from the Parks and Recreation Director or designee, shall be by the issuance of a Change Order. This Change Order shall be considered an amendment to the Contract Agreement and approved by both the Parks and Recreation Director and Contractor.

5. All additional work shall commence on the specified date established and shall diligently proceed until completion.

DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 842
City of Banning

REQUEST FOR PROPOSAL
Landscape Maintenance Services for City Parks

6. Upon completion of the additional work, the Parks and Recreation Director or designee shall be notified so that the work may be verified.

7. The Contractor shall submit an invoice for compensation with attached photocopies of original invoices for materials. Compensation shall not exceed the written estimate.

8. The Contractor’s invoice shall be subject to audit and review by the City prior to payment.

9. The City of Banning reserves the right to repair and/or contract with a third party to perform such additional work.

IV.K INSPECTION
The Parks and Recreation Director or designee may inspect the work areas to ensure adequacy of maintenance and methods of performing the work are in compliance with the contract.

However, this shall not be construed to relieve the Contractor of any duty under this contract.

Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor and corrected in the manner agreed to by the Parks and Recreation Director or designee.

1. It shall be the Contractor’s responsibility to inspect, and identify, any conditions(s) that renders any areas within this Contract Agreement unsafe, as well as any unsafe practices occurring thereon. The Parks and Recreation Director or designee shall be notified immediately of any unsafe condition that requires correction.

2. During the inspection of all work sites for hazards, or potential hazards, the Contractor shall keep a log indicating the date the area was inspected, any unsafe conditions found, and the action taken.

3. The Contractor shall cooperate fully with the City of Banning in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the Parks and Recreation Director or designee within five days following the occurrence.

IV.L SAFETY

1. The Contractor shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines and materials or other hazards consequential or related to the work. The Contractor shall have sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to CAL-OSHA.

2. The Parks and Recreation Director or designee, reserves the right to issue restraint, or cease and desist orders, to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract.

DocuSign Envelope ID: 1522D0F1-AB6A-49FA-BA4A-AEE819593491 843
1 AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES (C00698)

FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.

THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR LANDSCAPE
MAINTENANCE SERVICES FOR CITY PARKS (“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC. (“Contractor”) is effective as of this day: _______________.

RECITALS
A. On February 23, 2021, the City awarded a Landscape Maintenance Agreement to Mariposa Landscapes, Inc. The Agreement provided that Contractor would provide those services specified in the Agreement and in the Scope of Services attached to the Agreement as Exhibit “A1”. The Agreement included a Schedule of Compensation attached as Exhibit “C” which specified that Contractor’s total compensation would not exceed One Hundred Six Thousand Three Hundred Fifty-Two Dollars ($106,352.00), which included a 10% contingency for additional work.

B. On March 22, 2021, the City and Contractor, executed the Landscape Maintenance Agreement for City Parks – (C00698).

C. On May 10, 2022, the City and Contractor amended the Agreement (“Amendment No. 1”) to extend the term for an additional one-year term to expire June 30, 2023 and increase the compensation for services provided under the Agreement in an amount not to exceed One Hundred One Thousand Six Hundred Thirty-Eight Dollars and Eighty Cents ($101,638.80), as approved by City Council Resolution No. 2022-56.

D. On June 15, 2023, the City and Contractor amended the Agreement (“Amendment No. 2”) to extend the term for an additional one-year term to expire June 30, 2024, modify the scope of services, and increase the compensation for services provided under the Agreement in an amount not to exceed One Hundred Thirty-Five Thousand Eight Hundred Forty-Seven Dollars and Ninety-Seven Cents ($135,847.97), as approved by City Council Resolution No. 2023-095.

E. On May 14, 2024, the City and Contract amended the Agreement (“Amendment No. 3”) to extend the term for an additional one-year term to expire June 30, 2025, modify the scope of services, and increase the compensation for services provided under the Agreement in an amount not to exceed One Hundred and Thirty-Nine Thousand Seven Hundred Eighty-Seven Dollars and Sixty-Four Cents ($139,787.64), as approved by City Council Resolution No. 2024- 067.

F. City and Contractor now desire to amend the Agreement (“Amendment No. 4”) in accordance with City Council approval to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2026, modify the scope of services to include additional landscape sites and to provide compensation for the additional one-year term and additional services in an amount not to exceed One Hundred Sixty-Seven Thousand Two Hundred Ninety-Six Dollars and Ninety-Five Cents ($167,296.95). The total compensation shall not exceed Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 May 27, 2025
1012 844
2 Six Hundred Fifty Thousand Nine Hundred Twenty-Three Dollars and Thirty-Six Cents ($650,923.36).

TERMS

1. Contract Changes. The Agreement is amended as follows:
a) Section 1.1 and Exhibit “A” to the Agreement is amended to include the amended scope of services attached as Attachment “1” to this Amendment 4. b) Section 2.1 (“Contract Sum”) of the Agreement is amended to provide that the City agrees to pay Contractor a monthly amount of Twelve Thousand Six Hundred SeventyFour Dollars and Seven Cents ($12,674.07) for twelve (12) months through June 30, 2026. Additionally, the City may authorize extra work for services not included in the agreed Scope of Services of a not to exceed amount of Fifteen Thousand Two Hundred Eight Dollars ($15,208.00) for a total not to exceed amount of One Hundred SixtySeven Thousand Two Hundred Ninety-Six Dollars and Ninety-Five Cents ($167,296.95). The total compensation, including reimbursement for actual expenses shall not exceed Six Hundred Fifty Thousand Nine Hundred Twenty-Three Dollars and Thirty-Six Cents ($650,923.36) (the “Contract Sum”).
c) Section 3.1 (“Term”) of the Agreement is hereby amended to extend the Term of the Agreement to June 30, 2026.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendment Nos. 1 through 4, the provisions of this Amendment No. 4 shall control.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Contractor represents and warrants to City that, as of the date of this Amendment No. 4, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 4, Contractor is not in default of any material term of the Agreement and that there have been no Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 1013 845
3 events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

5. Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other Agreement to which said party is bound.

6. Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto hereby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Amendment No.4 and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 1014 846
4 IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 4 the day and year first hereinabove written.

CITY OF BANNING MARIPOSA LANDSCAPES, INC
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Solvak, Baron, Empey, Murphy & Pinkney LLP
City Council Approval: _____________
John O. Pinkney Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 5/28/2025
6232 SANTOS DIAZ ST.
626-960-0196
95-4245898
Antonio Valenzuela
5/29/2025
Secretary
IRWINDALE CA 91702
5/28/2025
Terry Noriega
President
5/29/2025
5/31/2025
2025-071
1015 847
5 ATTACHMENT “1”
Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 1016 848

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: October 28, 2025
SUBJECT: Discuss Necessary Mitigation Required for the Sun Lakes Boulevard Extension Project
RECOMMENDATION:

Provide concurrence to staff to proceed with the mitigation plan for the Sun Lakes Boulevard Extension Project
BACKGROUND:

The Sun Lakes Boulevard Extension Project has been a long term capital improvement project for the City of Banning dating back nearly 30 years. The project would extend Sun Lakes Boulevard from its current terminus at Highland Home Road easterly for approximately 1-mile to the intersection of Sunset Avenue and Westward Avenue. The roadway crosses over 3 ephemeral creek systems along its course, creating permanent and temporary environmental impacts. The project also crosses habitat that is suitable habitat for the Bombus Crotchii (Crotch's Bumblebee), which was observed in the habitat during pre-construction surveys. Bombus Crotchii is identified by the State of California Department of Fish and Wildlife as a candidate species for the endangered species list, and is thus treated as such while that decision is pending. The environmental mitigation necessary for this project is thus broken into two components, with additional detail below:

Ephemeral Watercourse Mitigation
The final draft of the Streambed Alteration Agreement from the California Department of Fish and Wildlife requires that the City provide for 1.3 acres of streambed, bank, and channel for preservation and enhancement within western Riverside County. The City identified a site of 1.3 acres that is suitable for these purposes within Smith Creek that is owned by the City of Banning. The proposed mitigation site is within the stream bed of Smith Creek at the eastern municipal boundary within land that cannot be developed due its site within the creek. The proposed mitigation land is also adjacent to a proposed 760- acre mitigation site to the immediate east of this property. Utilization of this site does not require the City to purchase offsite property for mitigation purposes.

A copy of the final Streambed Alteration Agreement is attached to the staff report for reference.

Bombus Cortchii Mitigation
A requirement in the California Department of Fish and Wildlife Streambed Alteration Agreement was to conduct pre-construction field surveys of the project site to determine if suitable habitat for the bumble bee exist, and if the bee is present. During the final site visit with the biologist, a single bumble bee was found. Subsequent mapping determined that the project will create permanent loss of approximately 12- 849
acres of habitat, and mitigation for that habitat is required.

Consistent with the permanent conservation for the ephemeral watercourse mitigation, City staff identified the former Smith Creek Park parcel as a suitable location for permanent mitigation. The CESA Incidental Take Permit, prepared on the City's behalf by Osprey Environmental Associates, identified 14 acres of the city owned property as suitable mitigation. This area overlaps with the acreage for the watercourse mitigation and expands upon the adjacent 760-acre proposed mitigation site to the east.

A copy of the DRAFT ITP application is attached to the staff report for reference.

JUSTIFICATION:

The City of Banning has identified City owned property in the area formerly considered for Smith Creek Park as mitigation land for the Sun Lakes Boulevard project. This land is adjacent to land that is intended for mitigation land to the east, and will expand upon that creating more permanent open space at the southwest corner of the City.

This land was previously investigated by the City for an active use park site, but found that it would be infeasible to access given the requirements to cross Smith Creek with two bridges to ensure adequate public and emergency access to the site.

At this time, the City of Banning has no planned uses for the proposed mitigation site and this action would preserve the property as permanent open space.

FISCAL IMPACT:

As the land at Smith Creek Park is owned by the City, the City is able to save considerable monies in acquiring land outside the City limits to meet the mitigation requirements. Costs for mitigation land for creek areas can exceed $500,000 per acre, and suitable habitat for Bombus Crotchii is unknown and not investigated at this time. Assuming a similar price for the Bombus Crotchii, cost may exceed $6 million to $8 million in land acquisition costs.

For any purchase of offsite land or dedication of City land, the City will be required to provide an endowment and select a 3rd party conservancy group to manage the land and permanent habitat and open space. The City will be required to install fencing and signage around the property to protect it from outside encroachment.

ALTERNATIVES:

City staff is seeking concurrence from City Council to proceed with the mitigation strategy to utilize City owned land that has very limited to no active development uses as the preferred mitigation sites for construction of the Sun Lakes Boulevard Extension Project.

Alternatively, City Council can provide direction to seek suitable properties outside the jurisdiction. This will increase overall project costs over previous estimates due to the large acreage required as mitigation for the Bombus Crotchii habitat. Additional project funding would be necessary to continue with this alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Final CDFW Streambed Alteration Agreement.pdf

2. DRAFT ITP Application - CBB.pdf
850
851

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

INLAND DESERTS REGION
3602 INLAND EMPIRE BLVD, SUITE C-220
ONTARIO, CA 91764

STREAMBED ALTERATION AGREEMENT
EPIMS-RIV-54902-R6
Highland Wash, Smith Creek, and Pershing Creek

CITY OF BANNING

SUN LAKES BOULEVARD EXTENSION PROJECT
This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and City of Banning (Permittee) or as represented by Nathan Smith.

RECITALS
WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on December 3, 2024, that Permittee intends to complete the project described herein.

WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.

WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources.

NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement.

PROJECT LOCATION
The Sun Lakes Boulevard Extension Project (Project) crosses Highland Wash, Smith Creek, and Pershing Creek, in the City of Banning, County of Riverside, State of California; Latitude 33.91844, Longitude -116.92514. The Project is located within Assessor’s Parcel Number 537-110-013.

PROJECT DESCRIPTION
The Project is limited to the construction of an arterial highway parallel to existing Westward Avenue, an east-west unpaved dirt road between Highland Home Road and Sunset Avenue. The proposed highway will include two eastbound and two westbound lanes, each containing a 12-foot-wide lane, a 14-foot-wide lane, a raised 18-foot-wide median, and an 8-foot-wide sidewalk on either side. The Project will also adjust and 852
EPIMS-RIV-54902-R6
Streambed Alteration Agreement

Page 2 of 44 ends

Banning City CouncilOctober 28, 2025

Banning City Council
October 28, 2025