Agenda packet — Banning City Council, January 28, 2026 (part 1 of 4)

January 28, 2026
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. PUBLIC COMMENTS - Closed Session Items Only

3. CLOSED SESSION
AGENDA

CITY COUNCIL - SPECIAL MEETING

CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).

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1.1 PLEADGE OF ALLEGIANCE

1.2 ROLL CALL

2.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8. Property: Banning Municipal Airport consisting of approximately 232.41 acres comprised of APNs 541-240-009; 541-250-009; 541-140-003; 532-150- 1 City Council - Special Meeting Agenda
January 28, 2026 1

4. PUBLIC COMMENTS

5. CITY ATTORNEY'S REPORT

6. PUBLIC HEARINGS

6.1 Consideration of Applications By NP Banning Industrial, LLC for the Sunset Crossroads Project, including (1) a Specific Plan (Case No. SP 20-2002) to Allow for the Development of Industrial and Commercial Uses on 533.8-acres of Land Located South of I-10 and the Union Pacific Railroad, and West of Sunset Avenue (Specific Plan Area); (2) a General Plan Amendment (Case No. GPA 20-2501) and Zone Change (Case No. ZC 20-3502) to Amend the General Plan Land Use and Zoning of the Specific Plan Area to General Commercial (GC), Industrial (I), Opens Space-Parks (OS-P), and Open Space-Resources (OS-R), including Pre-zoning for Annexation of Portions of the Specific Plan Area into the City of Banning’s Jurisdictional Boundary; (3) a Development Agreement to Establish Vested Development Rights in Exchange for Public Benefits as Specified in the Agreement; (4) a Tentative Parcel Map (Case No. TPM 38118) for a Subdivision of the Specific Plan Area into Thirty-four Parcels and Five Lettered Lots Ranging in Size from One Acre to Seventy-eight Acres Consistent with the Nineteen Planning Areas in the Specific Plan; and (5) a Final Environmental Impact Report (Sch No. 2021020011) Including Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

6.2 Consideration of an Application by the City of Banning, CA for General Plan Amendment 002; 532-150-003; 532-150- 004; 532-130-012; 532-130-018; 532-130-011; 532-180-034. Agency Negotiator: Interim City Manager Art Vela or his designee. Negotiating Parties: City of Banning and Industrial Enterprises, LLC. Under Negotiations: Price and Terms of payment.

A three (3) minute limitation shall apply to each member of the public who wishes to address the Council on a matter not on the agenda. No member of the public shall be permitted to share their time with any other member of the public. PLEASE STATE YOUR NAME FOR THE RECORD.

Recommendation: Deny the Project Applications as Recommended by the Planning Commission by Adopting:
(1) Resolution 2026-26 Rejecting the Certification of an Environmental Impact Report (EIR), SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
(2) Resolution 2026-27 Denying Applications by NP Banning Industrial LLC for the Sunset Crossroads Project, Including General Plan Amendment (No. 20-2501), Zone Change (No. 20-3502), Specific Plan (No. 20-2002), Tentative Parcel Map (TPM 38118) and a Development Agreement, for the Development of Industrial and Commercial Uses on a 533.8-acre Project Site Located South of I-10/the Union Pacific Railroad and West of Sunset Avenue.

Alternatively, Approve the Project Applications as recommended by Staff by Adopting:
(1) Resolution 2026-28 Certifying the Environmental Impact Report, SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
(2) Resolution 2026-29 Approving the General Plan Amendment (No. 20-2501); and (3) Resolution 2026-30 Approving Annexation of 253.7 Acres into the City of Banning; and (4) Resolution 2026-31 Approving the Tentative Parcel Map (TPM 38118); and (5) Introducing by Title Only the Following Ordinances:

Ordinance 1618, Approving Zone Change (No. 20-3502);
Ordinance 1619, Approving Specific Plan (No. 20-2002); and Ordinance 1620, Approving a Development Agreement Between NP Banning Industrial LLC and the City of Banning.
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January 28, 2026 2
(Case No. GPA 22-2502) and Zone Change (Case No. ZC 22-3502) to Amend the Land Use Designation and Zoning of Approximately 41 acres of Land Owned by Mount San Jacinto Community College District Located Near the Southeast Corner of Westward and Sunset Avenues from PF–S (Public Facilities-Schools) to Very High Density Residential (VHDR) to Transfer Density of Not Less Than 1,146 Residential Units from the Sunset Crossroads Specific Plan.

7. ADJOURNMENT
Recommendation: 1. Adopt Resolution 2026-33, DENYING the project proposals of General Plan Amendment (Case No. GPA 22-2502) and Zone Change (Case No. ZC 22-3502)

2. Adopt Resolution 2026-34, APPROVING the project proposals of a General Plan Amendment (Case No. GPA 22-2502) and Zone Change (Case No. ZC 22-3502) Zoom Community Standards for Public Meetings
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AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 24 hours in 3 City Council - Special Meetig Agenda
January 28, 2026 3
advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
PUBLIC NOTICE • NOTICIA PÚBLICA
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CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
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January 28, 2026 4

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Mark Staples, Planning Manager
MEETING DATE: January 28, 2026
SUBJECT: Consideration of Applications By NP Banning Industrial, LLC for the Sunset Crossroads Project, including (1) a Specific Plan (Case No. SP 20-2002) to Allow for the Development of Industrial and Commercial Uses on 533.8-acres of Land Located South of I-10 and the Union Pacific Railroad, and West of Sunset Avenue (Specific Plan Area); (2) a General Plan Amendment (Case No. GPA 20-2501) and Zone Change (Case No.

ZC 20-3502) to Amend the General Plan Land Use and Zoning of the Specific Plan Area to General Commercial (GC), Industrial (I), Opens Space-Parks (OS-P), and Open Space-Resources (OS-R), including Prezoning for Annexation of Portions of the Specific Plan Area into the City of Banning’s Jurisdictional Boundary; (3) a Development Agreement to Establish Vested Development Rights in Exchange for Public Benefits as Specified in the Agreement; (4) a Tentative Parcel Map (Case No. TPM 38118) for a Subdivision of the Specific Plan Area into Thirty-four Parcels and Five Lettered Lots Ranging in Size from One Acre to Seventy-eight Acres Consistent with the Nineteen Planning Areas in the Specific Plan; and (5) a Final Environmental Impact Report (Sch No. 2021020011) Including Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

RECOMMENDATION:

Deny the Project Applications as Recommended by the Planning Commission by Adopting:
(1) Resolution 2026-26 Rejecting the Certification of an Environmental Impact Report (EIR), SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
(2) Resolution 2026-27 Denying Applications by NP Banning Industrial LLC for the Sunset Crossroads Project, Including General Plan Amendment (No. 20-2501), Zone Change (No. 20-3502), Specific Plan (No. 20-2002), Tentative Parcel Map (TPM 38118) and a Development Agreement, for the Development of Industrial and Commercial Uses on a 533.8-acre Project Site Located South of I-10/the Union Pacific Railroad and West of Sunset Avenue.

Alternatively, Approve the Project Applications as recommended by Staff by Adopting:
(1) Resolution 2026-28 Certifying the Environmental Impact Report, SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
(2) Resolution 2026-29 Approving the General Plan Amendment (No. 20-2501); and (3) Resolution 2026-30 Approving Annexation of 253.7 Acres into the City of Banning; and (4) Resolution 2026-31 Approving the Tentative Parcel Map (TPM 38118); and 5 (5) Introducing by Title Only the Following Ordinances:

BACKGROUND:

PROJECT APPLICANT:

NP Banning Industrial, LLC
12977 N. Outer 40 Road, Suite 203
St. Louis, MO 63141
Project Summary:

This is a request to establish allowable uses and a development plan for 533-acres of land within and adjacent to the City of Banning through the establishment of the Sunset Crossroads Specific Plan (“Specific Plan”) and related entitlements. The Specific Plan provides the regulatory framework for development of up to 268,400 square feet of medical office, professional office, education, recreation, and commercial uses, a travel center with refueling uses, plus a 125-room hotel (approximately 90,000 square feet) on 47.9-acres; up to 5,545,000 square feet of industrial uses (including up to 330,000 square feet of cold storage uses) on 392- acres; and approximately 65 acres of open spaces, including a

12.6 -acre park amenity. Table 2-1 in the Specific Plan summarizes the proposed planning areas, and their land use designation, overall acreage and maximum building square footage for the Project. The location of the planning areas is shown in the Land Use Plan, Figure 2-1, of the Specific Plan. The Specific Plan further identifies the permitted land uses, development standards, design guidelines, and implementation provisions and is further described later in this report.

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

Specific Plan application, Case SP 20-2002, to establish the Sunset Crossroads Specific Plan for the development of industrial and commercial uses on a 533.8-acre site, including up to 268,400 square feet of medical office, professional office, education, recreation, and commercial uses, a travel center with refueling uses, and a 125-room hotel (approximately 90,000 sf) on 47.9-acres; and up to 5,545,000 square feet of industrial uses (including up to 330,000 square feet of cold storage uses) on 392.0 acres. The Specific Plan text identifies the permitted land uses, development standards, design guidelines, and implementation provisions. The Specific Plan Area includes land located south of Interstate 10 between Highland Home Road and Sunset Avenue extending south to include land south of the City’s current border (Assessor Parcel Numbers (APNs): 537- 110-003 through -005, 537-110-011 through -014, 537-120-013, 537-120-025, and 537-120-028 through - 036). The Planning Commission shall review the Specific Plan application for conformance to the criteria listed in Banning Zoning Ordinance (BZO) Section 17.96.060.

General Plan Amendment and Zone Change for Specific Plan Area (GPA 20-2501 & ZC 20-3502) to amend the General Plan land use designations and re-zoning of the Specific Plan Area to General Commercial (GC), Industrial (I), Open Space – Parks (OS-P), and Open Space – Resources (OS-R), including pre-zoning for annexation of approximately 254-acres of land of the Specific Plan Area into the City of Banning. The Planning Commission shall review the General Plan Amendment for conformance to the criteria listed in BZO Section 17.64.070.

Development Agreement (DA) between the City and Applicant to establish terms and obligations for the development of the Project and financing, acquisition, and construction of infrastructure.

The DA grants the Applicant vested rights to development the Project in and other City approvals in exchange for certain financial contributions and other considerations received by the City. The Planning Commission shall review the Development Agreement application for conformance to the criteria listed in BZO Section 17.60.030.

Tentative Parcel Map application, Case TPM 38118, for the subdivision of the 533.8 -acre site into 34 lots for development purposes ranging in size from one acre to 78.7 acres in size and five 6 lettered lots for common area or public purposes. The Planning Commission shall review the Tentative Parcel Map application for conformance to the criteria listed in Section 66474 of the Subdivision Map Act and Banning Municipal Code Title 16.

Environmental Impact Report (EIR), Case EA 20-1506, (SCH No. 2021020011) for the Project to analyze its potentially significant environmental impacts, identify discuss mitigation measures for those impacts found to be significant, and discuss feasible alternatives to the Project. A Draft EIR was posted and circulated for review and comment from December 15, 2023 through January 30, 2024. The Final EIR incorporates responses to all written comments that the City received on the Draft EIR. Before approving the Project, the City must certify the Final EIR and adopt certain required findings and a Mitigation Monitoring and Reporting Program. Because the Final EIR concludes that the Project would cause certain significant and unavoidable impacts, the City must also adopt a Statement of Overriding Considerations. The Planning Commission will provide a recommendation to the City Council on whether to certify the Final EIR, and the final decision will be with the City Council.

If the above applications are approved, subsequent development applications, including Design Reviews and Conditional Use Permits as applicable, within the Sunset Crossroads Specific Plan will be based required for the individual planning areas as specified in the Specific Plan.

Related Actions:

On May 8, 2025, the City Council and Planning Commission held a joint special meeting with the subject applications introduced at a public hearing; however, neither body took any action.

DESCRIPTION:

Existing Conditions:

The subject site is generally located in the southwest area of the City of Banning and the City’s Sphere of Influence (SOI) and generally south of the Union Pacific Railroad and Interstate 10, east of Highland Home Road, west of Sunset Avenue, and north of Bobcat Road. The Development Site is bisected by the existing Westward Avenue right of way (Existing ROW), the centerline of which divides the land within the Project site into two approximate halves, the northern portion of the project being located with the existing corporate City limits, and the southern portion of the project area being located with unincorporated County land in the City’s SOI area. The Existing ROW and adjoining 0.8 acres of land owned by the City and used for water wells are not part of the Development Site or the Development Project.

The Development Site is crossed by various natural drainages. Pershing Creek flows in a northwest to southeast direction through the eastern portion of the Development Site. Vegetation cover on the Development Site reflects a history of dry farming and cattle grazing disturbance over a majority of the site and consists primarily of non -native grasslands, with patches of Riverside and sage scrub, mixed ornamental woodland, and sandy wash. The sandy wash habitat is associated with two deeply incised drainage courses and a tributary that flow through the Development Site. Pershing Creek flows in a northwest to southeast direction through the eastern portion of the Development Site and Smith Creek flows in a north-south direction. Highland Wash is a smaller drainage course and tributary to Smith Creek that confluences with Smith Creek near Westward Avenue.

Specific Plan:

The vision for the Sunset Crossroads Specific Plan is to create a new commercial/industrial master plan for the benefit of the entire community. The Specific Plan was created using an integrated, multidisciplinary approach. The team assembled to undertake this project included the City, land planners, civil engineers, environmental resource specialists, historians, architects, landscape architects, geotechnical specialists, hydrology specialists, and market analysts. This team worked together to create a comprehensive development plan for the approximately 533.8 -acre site, which provides land uses that take advantage of the site’s proximity to access to Interstate 10 and responds to economic trends in the City of Banning. The Specific Plan is intended to conform with the intent, goals and policies set forth by the City of Banning General Plan. Future development plans, site plans, and tentative tract and parcel maps must be consistent with both the Sunset Crossroads Specific Plan and the City of Banning General 7 Plan. In keeping with regulatory provisions of the Specific Plan, the Project is designed to ensure that development occurs in a manner that is responsive to site characteristics and community goals and objectives. A number of the Project’s objectives are listed below:

Provide a mix of commercial and industrial uses that create new job opportunities and reduce the need for City residents to commute outside of the City of Banning for employment, thereby improving the City’s jobs to housing ratio.

Establish a mix of commercial and industrial uses that result in economic benefits to the City through increased sales taxes and other revenue which can be used to provide City services.

Maintain the integrity of the natural environment through the preservation and conservation of open space and natural drainage courses.

Locate businesses that rely on transportation efficiency in a location offering superior access to the local and regional transportation network.

Identify capital improvements for potable water, reclaimed water, sewer, drainage and water quality, and circulation facilities that serve planned land uses within and adjacent to Sunset Crossroads.

Establish a unified thematic concept for Sunset Crossroads through design elements such as architecture, monumentation, theme walls, landscaping using a long-range comprehensive planning approach that cannot be accomplished on a parcel-by-parcel basis.

Create a development-wide landscape concept that features drought-tolerant plant materials to provide for an aesthetically pleasing outdoor environment, while minimizing the demand for water resources.

Land Use. The Sunset Crossroads Specific Plan proposes the future orderly development of the site in four basic land use categories which include General Commercial, Industrial (including public infrastructure), and Open Space– Parks and Open Space– Resources as follows:

General Commercial (GC) . The 47.9-acre commercial district of the Development Site (Planning Area 1) is bordered on the east by Sunset Avenue and stretches along the northeast portion of the Development Site between Lincoln Street and Interstate 10. A maximum of 268,400 square feet of commercial uses, which may include leisure, retail, medical office, professional office, education, wellness, recreation, entertainment, restaurant, and other retail uses, operating out of a number of buildings aligned along an internal road that would be accessed from Sunset Avenue. This portion of the Development Project is designed as a regional commercial and entertainment attraction, providing multigenerational activity and wellness-based retail destination uses including, but not limited to, stationary wave surfing, indoor skydiving, indoor go-karting, obstacle gyms and a large indoor/outdoor climbing wall, yoga studios, dance studios, and other athletic activities. Sit-down restaurants with outdoor dining, a food court, and specialty retail uses that would orient inwards to central open space areas are proposed to allow for outdoor activities, ancillary to the on-site leisure/recreation uses or to allow on-site vendors/concessionaires to use connections along an internal network of pedestrian walkways. Table 3-1 of the Sunset Crossroads Specific Plan provides a detailed list of permitted, conditionally permitted, ancillary, and prohibited uses within the Specific Plan area. In addition, the proposed commercial uses may include a freeway accessible 125-room (approximately 90,000-square-foot) and a fueling station. Development standards for the GC district are identified in Section 3.3 of the Specific Plan and include maximum building heights of 60 feet (plus additional 10 feet for solar arrays), maximum 50% lot coverage, street setbacks for building heights over 35 feet. There is also criteria for freeway signs (80 feet maximum).

Industrial . The Specific Plan provides for the development of up to 5,450,000 square feet of industrial land uses on approximately 392.0 acres within the Development Site. Based on its proximity to the Sunset Avenue interchange at I-10, the Development Project would facilitate the development of warehousing, distribution, manufacturing, and other industrial uses. To accommodate future tenants, the Specific Plan allows the size of individual buildings to vary within an established range (increasing or decreasing by up to 20 percent); however, the overall square footage of buildings in the industrial Planning Areas is not to exceed the above maximum square footage. The Development Project considered in the EIR comprises industrial buildings ranging in 8 size from 44,000 square feet up to 1,420,000 square feet and accommodating uses such as general industrial, manufacturing, parcel hub, warehouse/storage, truck/trailer parking and storage, recreational vehicle (RV) storage, high cube warehouse, cold storage warehouse (up to 330,000 square feet proposed for Phase 2 [Buildings 5 and 6]), fulfillment center, and e-commerce operations. The industrial building sites within the Development Project may include outdoor employee break areas with tables affixed to the ground to provide employees with a location to eat, gather, and enjoy being outside. Shading of these areas may be achieved through a combination of shade trees, umbrellas, or fabricated shade structures. Other open space amenities within the industrial areas may include pedestrian walkways, seating areas, overhead structures, and open space areas. Development of the industrial Planning Areas shall be subject to the applicable Infrastructure Improvement Standards, Development Standards, and Planning Area Standards set forth in the Specific Plan. A proposed 65 MWh battery energy storage facility (BESS) would be a permitted use in any of the industrial use planning areas. Development standards for the Industrial district are identified in Section 3.4 of the Specific Plan and include maximum building heights of 60 feet (plus additional 10 feet for solar arrays), maximum 60% lot coverage, and front yard street setbacks of 25 feet among other requirements. Certain heights are allowed in Planning Areas 2 (additional screening height above 60 feet) and 5 (up to 80 feet).

There is also criteria for freeway signs (80 feet maximum).

Open Space–Parks and Open Space–Resources. The Specific Plan identifies two open space designations. Planning Area 11 designates 12.6 acres of Open Space-Parks located at the northeast corner of Highland Home Road and the Sun Lakes Boulevard Extension, including a 5.0- acre passive public park, with the remainder of the 12.6-acre site reserved for Open Space and trails. Planning Areas 12 through 19, which combined total approximately 53 acres of the overall site, are designated Open Space-Resources. Approximately 12.5 acres (Planning Area 12, which is located southeast of Highland Home Road and the Sun Lakes Boulevard Extension) are reserved for passive open space uses which may include trails. The remaining 41.5 acres (Planning Areas 13 through 19) contain three existing natural drainage watercourses, Smith Creek, Pershing Creek, and Highland Wash, which traverse the Specific Plan in a northwesterly to southeasterly direction. To preserve these areas, they are designated Open Space–Resource and no development or land uses are permitted, except those activities required to cross these areas with roads (Lincoln Street, Highland Home Road) and utilities.

Circulation. As illustrated in Figure 2, Conceptual Circulation Plan, of the Sunset Crossroads Specific Plan, regional access to the Project is provided via I-10 from the Sunset Avenue interchange located approximately ¼-mile to the northeast of the Specific Plan. The site is approximately 3.5 miles east of the junction of CA-60 Freeway and Interstate 10 and approximately 22 miles east of Interstate 215. Primary local access from the north and south is provided via Sunset Avenue which forms the site’s eastern boundary. Additional access is provided by Bobcat Road which forms the site’s southern boundary, and from Highland Home Road, which forms the site’s western boundary. In addition, consistent with the City’s Circulation Element, the City is separately processing construction of an extension of Sun Lakes Boulevard (SLB Extension) that would bisect the Development Site in the location shown above, which is expected to begin construction in 2026.

The Specific Plan identifies the following roadway segment improvements to be constructed as part of the project:

1. Sunset Avenue (Interstate 10 to Lincoln Street) – Arterial Highway (110’ ROW) . As depicted in Figure 2-2, Conceptual Circulation Plan, the primary access point for SUNSET CROSSROADS is Sunset Avenue, which connects the site to the regional transportation network. The segment of Sunset Avenue between Interstate 10 and the SLB Extension is designated by the City General Plan as an Arterial Highway (110’ ROW) and forms the project’s eastern boundary. As shown in Figure 3 of the Staff Report (Figure 2-3 of the Specific Plan document), Conceptual Roadway Cross-Sections, the 110-foot of right of way comprising Sunset Avenue consists of 68 feet of paving, an 18-foot-wide center raised or painted median, with a 4-foot-wide landscaped parkway and 8-foot-wide parkway-adjacent sidewalk on the west side of the street, and an 8-foot-wide curb9 adjacent sidewalk and 4-foot-wide landscaped parkway on the east side of the street. An eightfoot-wide Class II bike lane is provided on both sides of the paving, adjacent to the curb. As a result of the westward shift in alignment of Sunset Avenue between Lincoln Street and SLB Extension, the alignment in this location will also shift to the west from the existing centerline.

2. Sunset Avenue (Lincoln Street to SLB Extension) – Modified Secondary Highway (110’ ROW) . As depicted in Figure 2-2, Conceptual Circulation Plan, the segment of Sunset Avenue between Lincoln Street and the SLB Extension is designated as a Modified Secondary Highway (110’ ROW). As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 110-foot of right of way comprising Sunset Avenue consists of 68 feet of paving, an 18-foot-wide center raised or painted median, with a 4-foot-wide landscaped parkway and 8-foot-wide parkway-adjacent sidewalk on the west side of the street, and a 4-foot-wide parkway and 8-foot-wide parkway-adjacent sidewalk on the east side of the street. An eight-foot-wide Class II bike lane is provided on both sides of the paving, adjacent to the curb. To address noise impacts along Sunset Avenue, the alignment of this portion of Sunset Avenue is shifted to the west from its previously proposed location to provide additional distance from sensitive receptors east of Sunset Avenue. More specifically, the centerline of Sunset Avenue between Lincoln Street and Sun Lakes Boulevard would be adjusted 42 feet to the west from the existing centerline with implementation of the Development Project, new centerline being 72 feet from the nearest residential property line and 115 feet from the school at the MSJC Site. The resulting 17 feet of excess right of way to the east may be landscaped.

3. Sunset Avenue (SLB Extension to Bobcat Road) – Secondary Highway (88’ ROW). As depicted on Figure 2-2, Conceptual Circulation Plan, the segment of Sunset Avenue between the SLB Extension and Bobcat Road is designated by the City General Plan as a Secondary Highway (88’ ROW). As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 88-foot of right of way comprising Sunset Avenue consists of 64 feet of paving with a 4- foot-wide landscaped parkway and 8-foot-wide parkway-adjacent sidewalk provided on both sides of the street. As a result of the westward shift in alignment of Sunset Avenue between Lincoln Street and SLB Extension, the alignment in this location will also shift to the west from the existing centerline.

4. Bobcat Road – Divided Collector Street (78’ ROW). As depicted on Figure 2-2, Conceptual Circulation Plan, Bobcat Road is designated as a Divided Collector Street (78’ ROW) and forms the project’s southern boundary along the south side of Planning Area 4. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 78-foot of right of way comprising Bobcat Road consists of 56 feet of paving with a 6-foot-wide landscaped parkway and a 5-foot-wide parkway-adjacent sidewalk on the south side of the street, and a 6-foot-wide curb-adjacent sidewalk and 5-foot-wide landscaped parkway on the north side of the street. The Specific Plan and future applications submitted within this Specific Plan will dedicate and construct the northern halfwidth plus 10’ improvements of Bobcat Road along the project frontage. To address the potential for impacts to residences on the other side of Bobcat Road from on-site Development Project operations, on-site project operations will require: (i) Cold storage equipment previously allowed on industrial building rooftops to be shielded or relocated to the ground floor; and (ii) Construction of 10-foot high “wing walls” on the south end of warehouse buildings in Planning Area 4, and 6-foot high walls that surround the automobile parking lots south of warehouse buildings in Planning Area 4 as depicted in the Specific Plan in Attachment A to the Supplemental Noise Analysis (Final EIR, Appendix I-2, Attachment A).

5. Lincoln Street – Divided Collector Street (78’ ROW). As depicted on Figure 2-2, Conceptual Circulation Plan, Lincoln Street is designated as a Divided Collector Street (78’ ROW) within the project, providing access to the Development Site from Sunset Avenue. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 78 feet of right of way comprising Lincoln Street consists of 56 feet of paving with a 6-foot-wide landscaped parkway and 5-foot-wide parkwayadjacent sidewalk on the south side of the street and a 6-foot wide curb-adjacent sidewalk and 5- foot-wide landscaped parkway on the north side of the street. An eight-foot-wide Class II bike lane is provided on both sides of the paving, adjacent to the curb. The Specific Plan and future applications submitted within this Specific Plan will construct full-width improvements along the length of Lincoln Street on the Development Site. Lincoln Street will cross two existing natural drain courses via box culverts to be constructed by the project and maintained by the City. In 10 Planning Area 7, a 24’-wide Secondary Access Connection will link Lincoln Street to Highland Home Road via a private roadway.

6. Highland Home Road (north of SLB Extension Street)– Modified Secondary Highway (66’ ROW).

As depicted on Figure 2-2, Conceptual Circulation Plan, the segment of Highland Home Road north of SLB Extension is designated as a Modified Secondary Highway (66’ ROW) within the project. Highland Home Road forms a portion of the Specific Plan’s western boundary. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, Highland Home Road consists of 66 feet of right-of-way within a 110-foot dedication. The Specific Plan and future applications submitted within this Specific Plan will dedicate the full 110-foot width of Highland Home Road as from the existing eastern property boundary of the Sun Lakes community. The Specific Plan will construct the full width of Highland Home Road with a 5-footwide curb-adjacent sidewalk, a 6-foot-wide landscaped parkway, and 44 feet of paving along the western boundary of the right of way, from the SLB Extension to Planning Area 7, where it will terminate in a cul-de-sac and provide secondary access to Planning Area 7 via a 24’ wide Secondary Access Connection.

7. Highland Home Road (south of SLB Extension)– Modified Collector Street (66’ ROW). As depicted in Figure 2-2, Conceptual Circulation Plan, the segment of Highland Home Road south of SLB Extension is designated as a Modified Collector Street (66’ ROW) within the project. Highland Home Road forms a portion of the Specific Plan’s western boundary. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, Highland Home Road consists of a 66-foot right of way within a 110-foot dedication. The Specific Plan and future applications submitted within this Specific Plan will dedicate the full 110-foot width of Highland Home Road from the existing eastern property boundary of the Sun Lakes community. The Specific Plan will construct the remaining half-width (33 feet) of Highland Home Road including a 5-foot Class III bikeway, a 6-foot-wide curb-adjacent sidewalk, and a 5-foot-wide landscaped parkway to complete the road section based on existing curb location adjacent to the Sun Lakes Community, from the southwest corner of PA 12 to the SLB Extension. Truck traffic shall be restricted on Highland Home Road south of the SLB Extension.

Infrastructure – Potable Water. Potable water infrastructure would be provided using existing, planned and proposed facilities. The Specific Plan is subject to the design requirements of the City of Banning Public Works Department and the demand criteria guidelines outlined in the City’s Integrated Master Plan (IMP). Existing potable water lines within Pressure Zone 2721 exist in Sunset Avenue (24”) and in the future SLB Extension (18”). The proposed Potable Water Plan creates a looped system and includes locations, alignments, and sizes of facilities shown conceptually in Figure 2-4 of the Specific Plan.

Infrastructure – Recycled Water. A recycled water system would be provided, consisting of existing, planned and proposed recycled water lines. The Specific Plan recycled water system is subject to the design requirements for the City of Banning Public Works Department and the demand criteria guidelines outlined in the City’s Integrated Master Plan (IMP). A 24” recycled water line exists in Sunset Avenue from Lincoln Street to the SLB Extension and a 24” recycled water line exists within the SLB Extension easement area. Future non- potable Well R1 on Westward Avenue near the City’s wastewater treatment facility will be the source for the Development Site, once completed. The well and its respective facilities are in design and under construction. The locations, alignments, and sizes of recycled water facilities are conceptually shown in Figure 2-5 of the Specific Plan.

Infrastructure – Sewer. The sewer system would consist of existing, planned and proposed sewer lines and be subject to the design requirements for the City of Banning Public Works Department and the demand criteria guidelines outlined in the City’s Integrated Master Plan (IMP). Sewer lines exist in the SLB Extension (12”) and along the westside Planning Areas 13 and 14 (15”). The existing 12” sewer line in the SLB Extension flows until it reaches the SLB Extension Lift Station, where wastewater is conveyed through an existing 10” force main toward the existing manhole at the intersection of Sunset Avenue and the SLB Extension. The proposed sewer system facilities required to serve the Specific Plan are depicted in Figure 2-6, Conceptual Sewer Plan, of the Specific Plan. 11 Development Agreement:

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

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

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

1. Term of Agreement. The agreement has a term of thirty years (Section 2.3 of Agreement).

2. Public Benefit Fee. The Applicant will pay $8,000,000 (or $1.44 per square foot of warehouse space) over installments as the industrial buildings are occupied (Section 5.2)

3. Land Dedication.
a. Fire Station. The Applicant will reserve and dedicate 2 ½ to three acres of land for a fire station (Section 5.8.1)
b. Water Tank Property. The Applicant will reserve and dedicate up to two acres of land for a water reservoir (Section 5.8.2).
c. Electric Substation. The Applicant will reserve and dedicate property for City use as a substation (Section 5.8.3).
d. Reverse Osmosis Facility. The Applicant will reserve and dedicate property for City use as a reverse osmosis facility (Section 5.8.4)

4. Facility Funding.
a. New Fire Station. The Applicant will contribute $15,000,000 to the City for construction of the fire station within the Project boundary (Section 5.10.4). b. Fire Station Equipment. The Applicant will contribute $1,000,000 to the City for use to acquire fire equipment for the fire station (Section 5.10.5). c. Electric Substation. The Applicant will contribute a total of $10,000,000 toward the anticipated $12,500,000 total expected cost to design and construction of Electric Substation within Project boundary (Section 5.9).

5. City Grant. The Applicant will provide $750,000 to aid in downtown beautification or small business assistance for small businesses located in the City.

6. Retail Development Obligation. The Applicant is required to obtain approvals and construct a minimum of 100,000 square feet of commercial/retail within 24 months of obtaining the first certificate of occupancy for warehouse. If the Applicant misses this deadline, the Applicant is required to pay $500,000 to the City and an additional $500,000 every six months thereafter if the commercial/retail threshold is not satisfied. The Applicant is also required to construct a minimum of two, 100,000 square foot (or larger) retail/commercial buildings (Section 3.11).

7. Additional Commercial/Retail. After the joint hearing on May 8, 2025, the Applicant has agrees to submit an application to the City to amend the Specific Plan, including CEQA review, to authorize retail/commercial within Planning Area 2 (Section 3.12).

8. Buffer along Bobcat Rd. After the joint hearing on May 8, 2025, the Applicant will provide a buffer of at least 50 feet between industrial buildings and Bobcat Rd, including a minimum of twenty feet of landscaped area.

9. Formation of a Community Facilities District (CFD). An annual special tax for industrial/warehouse buildings will be required in the amount of $0.20 per square foot the first year and adjusted annually (with an annual CPI escalator) for use towards City services in the CFD District.

10. Tax Sharing. The Applicant may seek tax sharing and reimbursement for some of the costs funded by the development
The above includes public benefits previously negotiated by the City and additional benefits that have been provided after the Applicant received input at the public hearing that occurred on May 8, 2025 with 12 the Planning Commission and City Council.

JUSTIFICATION:

FINDINGS:

To recommend approval of the proposed Project applications, the Planning Commission must first make all of the following findings in the affirmative. The basis for making such findings can be found in the Planning Commission Resolution 2025-10, and the General Plan Consistency Analysis contained in the Final EIR. An analysis of the Project applications is also below.

General Plan Amendment:

BZO Section 17.64.070 requires that four findings be met to justify approval of a General Plan Amendment application. Staff analyzed the application against these findings for General Plan Amendment, Case No. 20-2501, below:

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

Finding of Fact: California Government Code Section 65302 requires that a General Plan consist of seven (7) State-mandated elements, including Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. The Land Use Element is one of the seven State-mandated elements of the General Plan and includes the Land Use Map for the City of Banning. The Land Use map and the Zoning map are 100% consistent with one another and, therefore, the same map doubles to serve both purposes. The proposed Project will not create an incompatible land use as discussed in Table 4.11.A:

Development Project Consistency Analysis with the City of Banning General Plan, found in the Draft EIR.

This Table evaluates how the proposed Project is internally consistent with each element of the General Plan.

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

Finding of Fact: The proposed General Plan Land Use Map Amendment and Zone Change will allow for the orderly development of the proposed Sunset Crossroads development project in an industrial area, further strengthening economic development and job opportunities, while not damaging the public interest, health, safety, convenience, or welfare of the City.

As set for the in the Final EIR, the related CEQA Findings, and Statement of Overriding Considerations, the adverse significant environmental effects of the Project would be reduced to the extent feasible by incorporation of project design features, taking into account required regulatory measures and adopting the mitigation measures identified in the MMRP, and the social, economic and other benefits of the Project outweigh the potential unavoidable significant impacts and render those potential significant impacts acceptable.

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

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

47.9 acres, and will increase the amount of vacant Industrial land by 392 acres which provide a statistically significant positive change in the balance of vacant non-residential land uses within the City.

A transfer of the residential density currently identified within the Sunset Crossroads Specific Plan boundary will transfer to another nearby location, resulting in no net loss of residential density, as required under state law and General Plan Housing Element goals and programs. As such, the balance of land use designations will not be negatively impacted by the Project.

Finding D : The amendment is physically suitable for the surrounding environment; including, but not limited to site access, the provision of utilities, and compatibility with adjoining land uses, including the absence of any physical constraints, for the requested land use designation(s) and the anticipated land 13 use development(s).

Findings of Fact: The Sunset Crossroads Project envisions the development of industrial and commercial uses on a 533.8-acre site through adoption of the Sunset Crossroads Specific Plan, including up to 268,400 square feet of medical office, professional office, education, recreation, and commercial uses, a travel center with refueling uses, and a 125-room hotel on 47.9-acres; and up to 5,545,000 square feet of industrial uses (including up 330,000 square feet of cold storage uses) on 392.0 acres. The Specific Plan text identifies the permitted land uses; development standards, design guidelines; and implementation provisions. The Development Project includes a General Plan Amendment and Zone Changes amending the land use designations on-site to General Commercial (GC), Industrial (I), Open Space – Parks (OSP), and Open Space – Resources (OS-R). Approximately 65.6 acres of the Project site would be retained as Open Space - Resources (OS-R) and/or Open Space – Parks (OS-P) use, including a five-acre passive park. Approximately 253.7 acres of the site are located outside the current City boundary within the City’s sphere of influence (SOI); therefore, the Project envisions annexation of this area into the city.

A Plan of Services and a Water Supply Assessment prepared for the project indicates that site access and infrastructure for utility conveyances is available and provisions for service have been planned.

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

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

Specific Plan:

BZO Section 17.96.040 requires that four findings be met to justify approval of a Specific Plan application. Staff analyzed the application against these findings for Specific Plan, Case SP 20-2002, below:

Finding A: The proposed plan is consistent with the General Plan; Finding of Fact: The Specific Plan is consistent with the City’s General Plan by allowing additional economic growth opportunities, while balancing land use, circulation, housing, and economic development with the corresponding general plan amendments to establish the use at the project site and transfer residential to an off-site location adjacent to a higher-education campus. The Specific Plan supports development and job creation as outlined in the General Plan goals and policies and aligns with policies related to walkability, infrastructure upgrades, and community amenities.

Finding B: The proposed plan would not be detrimental to the environment, or to the public interest, health, safety, convenience, or welfare of the City;
Finding of Fact: The Environmental Impact Report (EIR) prepared for the Project identifies potentially significant impacts but includes mitigation measures to reduce impacts to less than significant where feasible. The City determined that, with mitigation and overriding considerations, the plan will not be detrimental to the environment or public interest, health, safety, or welfare. The Statement of Overriding Considerations justifies this by citing long-term economic and community benefits. Additionally, consistent with state law requirements, the proposed Specific Plan describes a comprehensive plan for land use, circulation and infrastructure to ensure the plan accommodates necessary utilities and services to protect the public interest, health safety, convenience and welfare.

Finding C: The subject property is physically suitable for the requested land use designation(s) and the anticipated development(s);
Finding of Fact: The property is physically suitable for the intended land uses. The site is largely undeveloped, has appropriate access to major roadways, and will be served by necessary infrastructure improvements (e.g., sewer, water, traffic). The project underwent geotechnical, hydrology, and environmental analyses that confirmed suitability for the scale and type of development.

Finding D: The proposed plan shall ensure development of desirable character which will be compatible 14 with existing and proposed development in the surrounding neighborhood.

Finding of Fact: The project design reflects a desirable and compatible character, incorporating landscaping, architectural standards, buffers, and traffic planning. Adjacent uses include residential, commercial, and institutional land uses, and the project includes transitions in use intensity and design to ensure compatibility.

Zone Change:

BZO Section 17.116.050 requires that three findings be met to justify approval of a Zoning Ordinance Amendment application. Staff analyzed the application against these findings for Zoning Ordinance Amendment, Case No. 20-3502, below:

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

Finding of Fact: The proposed amendment will establish a land use pattern consistent with the corresponding general plan amendment, allowing for General Commercial and Industrial districts while preserving natural on -site arroyos and open spaces with Open Space designations. The proposed zoning will also create economic opportunities consistent with the goals and policies in the General Plan Economic Development Element, such as the following:

Goal: A balanced, broadly-based economy that provides a full range of economic and employment opportunities, while maintaining high standards of development and environmental protection.

Policy 2 The City shall take a proactive role in the retention of existing businesses and the recruitment of new businesses, particularly those that generate and broaden employment opportunities, increase discretionary incomes, and contribute to City General Fund revenues.

Program 6.B Preserve highway commercial land use designations at interchange locations, and encourage the location of high quality freeway-serving businesses.

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

Finding of Fact: The proposed Project shall require an amendment to Banning Municipal Code Section

17.96.080 - Specific plan zoning districts and zoning map designations. Inclusion of the Sunset Crossroads Specific Plan in the BMC will immediately make it consistent with the zoning ordinance. A key element of the project involves a transfer of residential density from Sunset Crossroads development project site to the Mt. San Jacinto Community College site to accommodate the commercial/industrial development project. The transfer of residential development capacity is consistent with state housing law in that it ensures no net loss in the residential development capacity identified in the City’s General Plan. The proposed density transfer can be accommodated on an approximately 41-acre site because the proposed density range is from 24 to 30 dwelling units per acre, consistent with the Zoning Ordinance and development standards for the Very High Density Residential zone.

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

Finding of Fact: The Sunset Crossroads FEIR has been prepared for the Project in accordance with the California Environmental Quality Act (CEQA). The Planning Commission has conducted an independent review and the Planning Commission is recommending that the City Council certify the Sunset Crossroads FEIR and adopt the related CEQA Findings, Statement of Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Project.

Development Agreement:

BZO Section 17.60.030 requires that two findings be met to justify approval of a Development Agreement application. Staff analyzed the application against these findings for Zoning Ordinance Amendment below:

Finding A: The Development Agreement is consistent with the General Plan, any applicable Specific Plans, and the Zoning Ordinance.

Finding of Fact : In accordance with the Banning Municipal Code, the Development Agreement contains provisions that set forth a defined term, the specific types, density, and intensity of uses allowed, 15 reservations or dedication of land for public purposes, a limited stay on future development fee increases; and processes for reviewing related future approvals and amending the Development Agreement. Approval of the Development Agreement would provide for the orderly development of the Project and necessary infrastructure improvements.

Finding B: The Development Agreement will promote the welfare and public interest of the City.

Finding of Fact : The Development Agreement incorporates provisions for financing, acquisition, and construction of infrastructure, for the Sunset Crossroads Specific Plan, as well as acquisition and development of adequate levels of open space. The Agreement would grant the applicant vested rights to develop the Project in exchange for certain financial contributions, including substantial public benefit fees and land dedications, and other consideration to be received by the City.

Tentative Parcel Map:

Pursuant to Section 66474 of the Subdivision Map Act, there are seven findings that must be met to justify approval of a Tentative Map application. Staff analyzed the application against these findings for Tentative Parcel Map, Case TPM 38118, below:

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

Finding of Fact: The City’s General Plan land use designation and Zoning Map will be amended as part of the overall project approvals. The proposed tentative map will be consistent with the designation of the project site as “Specific Plan,” and the proposed map provides for the accommodation of nineteen (19) planning areas, consisting of a variety of commercial and industrial uses, lot types and sizes ranging from 1-acre to 194.3-acres, common open spaces, and circulation and other public improvements. The proposed map furthers the objectives and policies of the General Plan in that 440 acres of the project area is dedicated to commercial and industrial development, with no net loss of residential density.

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

Finding of Fact: The corresponding Specific Plan establishes criteria for circulation and rights-of-way for public street accessing each of the developable parcels proposed within the Tentative Map. Proposed street widths and section are consistent with the Specific Plan criteria. Utilities will be provided consistent with the Specific Plan.

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

Finding of Fact: The 533.8- acre Project site is currently vacant and undeveloped. The site’s elevation ranges from approximately 2,399–2,523 feet above mean sea level (amsl) . There is a difference of approximately 124 feet of elevation change from the southeast extent of the site to northwest extent of the Project site. The topography is fairly level with gentle slopes, and several watercourses transect the site. Pershing Creek flows in a northwest to southeast direction through the eastern portion of the Development Site and Smith Creek flows in a north-south direction. Highland Wash is a smaller drainage course and tributary to Smith Creek that confluences with Smith Creek near Westward Avenue. The subject site encompasses 533.8 acres, including 253.7 acres making up approximately the south half of the development project is presently outside of the current City limits and within the City’s Sphere of Influence. These 253.7 acres will be annexed into the City of Banning upon approval of the Sunset Crossroads Specific Plan. The proposed map as conditioned, including the mitigation measures contained within the Final Environmental Impact Report and the Mitigation Monitoring Reporting Program will ensure that the Project’s development is in accordance with and will implement the public improvements and mechanisms whereby the necessary facilities and resources will be available for future uses.

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

Finding of Fact: The subject site consists of 533.8-acres of vacant and undeveloped land and is planned to provide development opportunities for commercial/retail and industrial uses. However, no residential density is proposed.

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

Finding of Fact: With the exception of the significant and unavoidable environmental effects of the project 16 identified in the FEIR and the MMRP, the design of the subdivision and proposed improvements are not expected to cause substantial environmental damage or to substantially injure fish or wildlife or their habitat. The project site is not in a linkage designated under the MSHCP that is a connection between substantial habitat blocks with adequate size, configuration, and vegetation characteristics to generally provide for “live-in” habitat and/or provide for genetic flow for identified covered species. Significant cumulative effects of the project on the MSHCP-covered plans and wildlife, wildlife movement, riparian/riverine areas and habitat connectivity are fully mitigated by the City of Banning’s signatory status under the MSHCP and the requisite measures for mitigation of project -specific impacts to the burrowing owl, Los Angeles pocket mouse and Stephens’ kangaroo rat and these species’ habitat.

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

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

Finding of Fact: All parcels planned for development within the subdivision will have access to utilities, including water, wastewater and electricity. Emergency services such as police and fire, are also available to serve the properties as these parcels develop. As a result, no public health problems are anticipated.

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

Finding of Fact : The subdivision proposes to dedicate public streets that will be consistent with the criteria planned by the Sunset Crossroads Specific Plan. With the improvement of the development, this will allow safe access through the site and provide each newly established parcel with access.

ENVIRONMENTAL DETERMINATION:

Environmental Impact Report (EIR):

Pursuant to Section 15060(d) of the California Environmental Quality Act (CEQA) Guidelines, “If the lead agency can determine that an EIR will be clearly required for a project, the agency may skip further initial review of the project and begin work directly on the EIR process described in Article 9, commencing with Section 15080. In the absence of an initial study, the lead agency shall still focus the EIR on the significant effects of the project and indicate briefly its reasons for determining that other effects would not be significant or potentially significant.” Based upon the complexity and magnitude of the proposed project, the City determined that an Environmental Impact Report should be prepared for the project, and an Initial Study was not necessary. A Notice of Preparation (NOP) was therefore completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comment on the Project’s potential impacts on the environment. The State of California Clearinghouse issued a project number for the project, SCH No. 2021020011. The 30 -day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City’s website.

Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts addressed in Chapter 4.0 of the Draft EIR.

Scoping Meeting: Due to COVID-19 restrictions, the Public Scoping meeting was held virtually on February 18, 2021 at 5:30 p.m. via Zoom. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on February 5, 2021 providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting.

Tribal Consultation: The Development Project includes a General Plan Amendment and implementation of a Specific Plan for the Development Project; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) is required. On November 30, 2020 the City reached out to 31 Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Development Project. The City received responses from the Morongo Band of Mission Indians (MBMI), the Soboba Band of Luiseño Indians (SBLI), and the Agua Caliente Band of Cahuilla Indians (ACBCI) requesting formal consultation with the City regarding the Development Project.

The City provided a separate consultation invitation to these same 31 Native American contacts on 17 August 25, 2022, specifically identifying the entitlement actions related to the MSJC Site. In this 2022 consultation, the City stated the MSJC Site Entitlements proposed only changes to the City’s land use and zoning maps, and that no construction or physical alterations were proposed or would be authorized under the MSJC Entitlements. The MBMI acknowledged the City’s actions and noted the MSJC Site is located within the ancestral territory and traditional use area of the Cahuilla and Serrano people of the MBMI and that any future construction or alterations to the MSJC Site would be of interest to the MBMI.

The San Manuel Band of Mission Indians (SMBMI) stated the MSJC Site is outside of Serrano ancestral territory and, as such, SMBMI would not request consulting party status with the City.

Draft EIR : A Notice of Availability (NOA) of the Draft EIR was provided to responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45- day public review period extending from December 15, 2023 to January 30, 2024 and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023 to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR.

Public Comments: The following comment letters were submitted to the City during the public review period:

State Agencies:

A-1: State of California, California Air Resources Board, Stanley Armstrong, Air Pollution Specialist (January 12, 2024)
A-2: State of California, Department of Fish and Wildlife, John Dempsey, Environmental Scientist (January 26, 2024)
A-3: State of California, California Air Resources Board, Matthew O’Donnell, Chief, Risk Reduction Branch, Transportation and Toxics Division (January 30, 2024) A-4: State of California, Department of Fish and Wildlife, Kim Freeburn, Environmental Program Manager (February 5, 2024)
A-5: State of California, Department of Justice, Rob Swanson, Deputy Attorney General, Bureau of Environmental Justice (December 21, 2023)
Regional Agencies:

B-1: South Coast Air Quality Management District, Sahar Ghadimi, Air Quality Specialist (January 2, 2024)
B-2: South Coast Air Quality Management District, Sam Wang, Program Supervisor (January 30, 2024)
Local Agencies:

C-1: Riverside County Flood Control and Water Conservation District, Amy McNeill, Engineering Project Manager (January 10, 2024)
C-2: Riverside County Airport Land Use Commission, Jackie Vega, Urban Regional Planner II (December 19, 2023)
Organizations:

D-1: Sierra Club, George Hague (December 22, 2023)
D-2: Sierra Club, George Hague (December 22, 2023)
D-3: Golden State Environmental Justice Alliance, Represented by Blum, Collins & Ho LLP, Matt Hagemann and Paul Rosenfeld (January 29, 2024) (withdrawn April 23, 2024) D-4: Golden State Environmental Justice Alliance, Adam Salcido (January 29, 2024) (withdrawn April 23, 2024)
D-5: Sierra Club, Represented by Law Office of Abigail Smith, Abigail Smith (January 30, 2024) 18 D-6: Sierra Club, Represented by Law Office of Abigail Smith, Abigail Smith (January 30, 2024) D-7: Western States Regional Council of Carpenters, Represented by Mitchell Tsai Law Firm, Matt Hagemann and Paul Rosenfeld (January 30, 2024)
Individuals:

E-1: Gary and Jan Wilhelmson (December 12, 2023)
E-2: Steve and Raelene Kretchman (January 5, 2024)
E-3: Michael Volz (January 5, 2024)
E-4: Steve and Raelene Kretchman (January 8, 2024)
E-5: Carl and Tara Pueschel (January 8, 2024)
E-6: Janet and Martin Sherman (January 11, 2024)
E-7: Mary Ann Melleby (January 15, 2024)
E-8: Charles Friese (January 19, 2024)
E-9: Patrica Naylor (January 20, 2024)
E-10: Barbara Elness (January 21, 2024)
E-11: Frances Valenzuela (January 21, 2024)
E-12: Nick and Mary Goralsky (January 22, 2024)
E-13: Dorrie Gartzke (January 23, 2024)
E-14: Rick and Lori Kaminsky (January 23, 2024)
E-15: Bernet Roth (January 24, 2024)
E-16: Timothy and Francisca Hanratty (January 25, 2024) E-17: David and Ruth Madon (January 27, 2024)
E-18: John and Shirley Creviston (January 28, 2024)
E-19: Armando Aranda (January 29, 2024)
E-20: Kathleen Aranda (January 29, 2024)
E-21: Andrea Arthurholtz (January 29, 2024)
E-22: Julie Austin (January 29, 2024)
E-23: Gary Burkel (January 29, 2024)
E-24: Nora Burkel (January 29, 2024)
E-25: Randy Robbins, Jim Corrigan, and Diane Berley, Concerned Citizens (January 29, 2024) E-26: Ginny June (January 29, 2024)
E-27: Tennie Boggs and Jack Marty (January 29, 2024)
E-28: Richard McHard (January 29, 2024)
E-29: Michael Volz (January 29, 2024)
E-30: Susan Walsh (January 29, 2024)
E-31: Kathleen Dale (January 30, 2024)
E-32: Cindy Medley (January 30, 2024)
E-33: T. Gae Rusk (January 31, 2024)
E-34: Robert Messier (January 30, 2024)
E-35: Diane Nethercott (January 30, 2024)
E-36: Ron Roy (January 30, 2024)
E-37: Winoa Williams (January 30, 2024)
E-38: Ron Roy (January 30, 2024)
Responses to the comments have been prepared and are included in the Final EIR for the Sunset Crossroads Specific Plan Project.

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

Aesthetics (Thresholds 4.1.1, 4.1.2, 4.1.3, 4.1.4)
19 Agriculture and Forestry Resources (Thresholds 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5) Air Quality (Thresholds 4.3.3, 4.3.4)
Biological Resources (Thresholds 4.4.3, 4.4.4)
Cultural Resources (Threshold 4.5.3)
Energy (Threshold 4.6.1, 4.6.2)
Geology and Soils (Thresholds 4.7.1(i), 4.7.1(ii), 4.7.1(iii), 4.7.1(iv), 4.7.2, 4.7.3, 4.7.4, 4.7.5) Hazards and Hazardous Materials (Thresholds 4.9.1, 4.9.2, 4.9.3, 4.9.4, 4.9.5, 4.9.6, 4.9.7) Hydrology and Water Quality (Thresholds 4.10.1, 4.10.2, 4.10.4, and 4.10.5) Land Use and Planning (Thresholds 4.11.1, 4.11.2)
Mineral Resources (Thresholds 4.12.1, 4.12.2)
Noise (Thresholds 4.13.1, 4.13.2, 4.13.3)
Population and Housing (Thresholds 4.14.1, 4.14.2)
Public Services (Thresholds 4.15.1, 4.15.2, 4.15.3, 4.15.4, 4.15.5) Recreation (Thresholds 4.16.1, 4.16.2)
Transportation (Thresholds 4.17.1, 4.17.3, 4.17.4)
Utilities and Service Systems (Thresholds 4.19.1, 4.19.2, 4.19.3, 4.19.4, 4.19.5) Wildfire (Thresholds 4.20.1, 4.20.2, 4.20.3, 4.20.4)
Impacts Mitigated to Less Than Significant: Mitigation measures are proposed to reduce impacts to less than significant for the various categories analyzed in the EIR. These mitigation measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the following:

Biological Resources (Thresholds 4.4.1, 4.4.2, 4.4.5, and 4.4.6) Cultural Resources (Threshold 4.5.1)
Geology and Soils (Threshold 4.7.6.)Hydrology and Water Quality (Threshold 4.10.3) Tribal and Cultural Resources (Thresholds 4.18.1 and 4.18.2) The MMRP is included as an attachment to this report.

Significant and Unavoidable Impacts: Section 15126 of the CEQA Guidelines requires that the EIR identify the significant environmental effects that cannot be avoided if the proposed project should be implemented (CEQA Guidelines Section§ 15126(b)), and the significant irreversible environmental changes that would be involved if the proposed project is implemented (CEQA Guidelines Section§ 15126(c)). Below are the significant and unavoidable impacts identified in the EIR:

Air Quality. Emissions associated with the operation of the Development Project would remain significant and unavoidable, even with implementation of the planned project design features and Mitigation Measures AIR-1 and AIR -2 as revised. No additional feasible mitigation measures are available that can reduce impacts to less than significant. As such, the Project would not be consistent with the attainment of the AAQS or emission reductions assumptions indicated in the AQMP. Therefore, based on the requirements for consistency with emission control strategies in the AQMP, the Development Project would conflict with or obstruct the implementation of the AQMP and/or applicable portions of the SIP. Therefore, this impact would be significant and unavoidable. In order to reduce air quality impacts to the maximum extent feasible, mitigation measures are required and included in the MMRP.

Greenhouse Gas Emissions. Based upon the analysis presented in Section 4.8, Greenhouse Gas Emissions of the EIR, mitigation measures GHG-1 through GHG-7 have been identified to address this impact are feasible and made binding through the MMRP. In addition, MM AIR-1 and AIR-2, as revised, would also be applicable and reduce GHG impacts to the extent feasible (Draft EIR Section 4.8.5.1) and reduce air quality emissions. Despite imposition of these feasible mitigation measures, the volume of GHG emissions generated by the Development would not be reduced 20 below established significance thresholds.

Noise. Noise generated by project construction activities would be reduced to a less than significant level with the implementation of the Mitigation Measure NOI-1. Mitigation Measure NOI1 includes the installation of minimum 10-foot high temporary construction barriers when Development Project construction activities are within 100 feet from the nearest residential structure and other measures to reduce noise impacts will reduce construction noise impacts associated with on- site construction of the Development Project to less than significant. However, because it is yet to be determined if a noise barrier can be constructed on City right-of-way during construction of roadway and utilities on Sunset Avenue, the City finds that construction noise impacts for construction of the roadway and utilities on Sunset Avenue is considered significant and unavoidable.

Transportation. Mitigation measures require the preparation of a Transportation Demand Management (TDM) strategy report to reduce employee Vehicle Miles Traveled (VMT). While the inclusion of mitigation measures T-1 through T-3 would reduce VMT by 8.4 percent, Project generated VMT per employee still exceeds the City’s adopted VMT impact threshold. Therefore, even with the implementation of MM TRA-1, Transportation threshold 4.17.2 would remain significant and unavoidable.

Findings of Fact and Statement of Overriding Considerations:

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

The possible findings are:

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

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

3. Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

Additionally, the Lead Agency must not approve a project that will have a significant effect on the environment unless it finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental effects (PRC § 21081(b)).

Therefore, a Statement of Overriding Considerations and Findings of Fact have been prepared for the Project and will allow the City to find and declare that the Project benefits outweigh the impacts as justified and described in these documents, which are attached to this report.

PUBLIC COMMUNICATION:

On August 14, 2025, a notice of public hearing was mailed to owners within 300 feet of the project site, notifying the public that the subject applications would be considered by the Planning Commission at a public hearing on September 10, 2025. This notice was also published in the Record Gazette, a newspaper of general circulation within the City of Banning, on August 15, 2025. Several comment letters were received and are included as an attachment to this report 21 FISCAL IMPACT:
x
ALTERNATIVES:

1. Continue the Public Hearing. Continue the item to a date certain or a future meeting to allow time for additional information, analysis, or project modifications.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. 7.1a GPA20-2501 ZC20-3502 TPM38118 CA CC EIR SOC MMRP REJECT Reso 2026-26.pdf

2. 7.1b GPA20-2501 ZC20-3502 SP20-2002 TPM38118 DA CC DENIAL Reso 2026-27.pdf

3. 7.1C GPA20-2501 ZC20-3502 TPM38118 DA CC EIR SOC MMRP CERTIFICATION Reso 2026-

28.pdf

4. 7.1d GPA20-2501 ZC20-3502 TPM38118 DA CC APPROVAL Reso 2026-29 1-28-25.pdf

5. 7.1e GPA20-2501 ZC20-3502 SP20-2002 TPM38118 DA ANNEXATION Reso 2026-30.pdf

6. 7.1f TPM38118 CC APPROVAL Reso 2026-31 1-28-25.pdf

7. 7.1g Exhibit A Community Development COAs Sunset Crossroads.pdf

8. 7.1h Exhibit A Public Works COAs Sunset Crossroads.pdf

9. 7.1j Sunset Crossroads Specific Plan 2024-09-25.pdf

10. 7.1k TPM 38118 2024-07-11.pdf

11. 7.1l Link to Draft and Final EIR Documents Online.pdf

12. 7.1m Sunset Crossroads Findings and SOOC Modified for 9.10 (2) Final (1).pdf

13. 7.1n Sunset Crossroads Aerial Vicinity GP Zoning Maps.pdf

14. 7.1o PHN CC Meeting 01-28-26 Sunset Crossroads SP.pdf

15. 7.1p Letters received in Support of Sunset Crossroads SP.pdf

16. 7.1q Letters received in Opposition of Sunset Crossroads SP.pdf

17. Banning Sunset Crossroads DA 4861-3845-1024 v.132.pdf 22 Resolution 2026-26
January 28, 2026

Page 1 of 6 ends

RESOLUTION 2026-26

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

CALIFORNIA, REJECTING THE CERTIFICATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR SCH NO. 2021020011)

INCLUDING RELATED FINDINGS, STATEMENT OF OVERRIDING

CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PROGRAM (“MMRP”) FOR THE NP BANNING INDUSTRIAL LLC

INDUSTRIAL AND COMMERCIAL DEVELOPMENT PROJECT
INVOLVING SPECIFIC PLAN NO. 20-2002, GENERAL PLAN
AMENDMENT NO. 20-2501, ZONE CHANGE 20-3502, TENTATIVE
PARCEL MAP NO. 38118, AND A DEVELOPMENT AGREEMENT, ON A 533.8 ACRE PROJECT SITE LOCATED SOUTH OF I-10 AND THE UNION

PACIFIC RAILROAD AND WEST OF SUNSET AVENUE
WHEREAS, an application for Specific Plan 20-2002, General Plan Amendment (GPA) 20-2501, Zone Change (ZC) 20-3502, Tentative Parcel Map (TPM) 38118, and a Development Agreement with the City of Banning (collectively, the "Project"), for the development of industrial and commercial uses on a 533.8-acre project site located south of I-10 and the Union Pacific Railroad, and west of Sunset Avenue (assessor’s parcel numbers (APNS): 537-110-003 through -005, 537-110-011 through -014, 537-120-013, 537- 120-025, and 537-120-028 through -036), including 253.7 acres located in unincorporated riverside county and the city’s southerly sphere of influence, has been duly filed by NP Banning Industrial, LLC; and
WHEREAS, concurrently with consideration of the Project, the City is considering General Plan Amendment (GPA) 22-2502, and Zone Change (ZC) 22-3502, to amend the existing land use designation on twelve parcels of land from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), and amending the Zoning District classification from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), for 40.9 acres of a 49.2-acre site located at the southeast corner of Westward and Sunset Avenues (APNs: 537-140-004, 537-140-006 through -012, 537-150-001, 537- 150-003 and -004, 537-150-008, and 537-140-001 through -003 (collectively the “MSJC Site”) to ensure that approval of the Project will not result in a net loss of residential housing capacity; and
WHEREAS, pursuant to Section 17.04.060.A. of the Banning Municipal Code, the City Council has the authority to review and approve or conditionally approve the subject applications SP 20-2002, GPA 20-2501, ZC 20-3502, TPM 38118, a DA between NP Banning Industrial, LLC and EA 20-1506 (SCH# 2021020011, FEIR for the Project); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(2) and 15070, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and 23 Resolution 2026-26
January 28, 2026

Page 2 of 6 ends

WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the Project.

A Notice of Preparation (NOP) was subsequently completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comments on the Project’s potential impact(s) on the environment; and
WHEREAS, the State of California Clearinghouse issued a project number for the project, SCH No. 2021020011. The 30-day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City’s website. Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts; and WHEREAS, due to COVID-19 restrictions, the Public Scoping meeting was held virtually on February 18, 2021, via Zoom. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on February 5, 2021, providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting; and
WHEREAS, the Sunset Crossroads development project includes a General Plan Amendment and implementation of a Specific Plan for the Project; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) were conducted. On November 30, 2020, the City reached out to 31 Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Morongo Band of Mission Indians (MBMI), the Soboba Band of Luiseño Indians (SBLI), and the Agua Caliente Band of Cahuilla Indians (ACBCI) requesting formal consultation with the City regarding the Development Project; and
WHEREAS, a Notice of Availability (NOA) of the Draft EIR was provided to responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from December 15, 2023, to January 30, 2024, and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023, to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and WHEREAS, during the public review and comment period, the City received 54 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project; and
24 Resolution 2026-26
January 28, 2026

Page 3 of 6 ends

WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on August 15, 2025, the City provided public hearing notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, before the Planning Commission to consider the Project and to recommend that the City Council adopt a Final Environmental Impact Report (FEIR) for the Project. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, on September 10, 2025, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project.

At the conclusion of the hearing, the Commission voted 2 in support and 3 opposed to adopt the draft resolution recommending approval, resulting in a failed motion; and WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on October 10, 2025, the City provided notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, before the Planning Commission to consider the Project and to recommend that the City Council adopt a Final Environmental Impact Report (FEIR) for the Project. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, on November 5, 2025 the Planning Commission considered any new information received on the project and voted 3 in support and 2 opposed to not re-open the public hearing, in accordance with the City of Banning’s Manual of Procedural Guidelines, Section 7.3(e), before continuing its deliberation and considering the entirety of the record for the Project; and
WHEREAS, at the November 5, 2025, regular meeting, the Planning Commission voted 5-0 instructing staff to prepare a resolution making findings supporting a denial recommendation to the City Council of the Projects and rejection of the certification of the EIR; and
WHEREAS, at the November 17, 2025, special meeting, the Planning Commission voted 3-2 adopting Resolution No. 2025-16 recommending the City Council deny Project applications and rejecting the certification of the EIR SCH No. 2021020011, including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
WHEREAS, a public notice for the January 28, 2026, City Council special meeting 25 Resolution 2026-26
January 28, 2026

Page 4 of 6 ends

was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the project site; and WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed general plan amendment and zone change, supporting materials, and public testimony and finds the project in conformance with the requirements of the Banning Municipal Code, the City’s General Plan, and the Zoning Ordinance.

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

SECTION 1. RECITALS.

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ENVIRONMENTAL DETERMINATION.

A. Pursuant to the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § 21000 et seq.), the State Guidelines (14 Cal. Code Regs. § 15000 et seq.), City Staff prepared an Environmental Impact Report evaluating the potential environmental effects of the Sunset Crossroads development project, and a programmatic analysis of the proposed MSJC entitlements.

B. Thereafter, City Staff provided public notice of completion of a DEIR and establishing the 45-day public review and comment period as required by law. The public comment period began on December 15, 2023, and expired on January 30, 2024. Copies of the documents are available for public review and inspection at City Hall, 99 E. Ramsey Street, Banning, California 92220, the Banning Public Library, located at 21 West Nicolet Street, Banning, California 92220, and the City of Banning website. The City received 54 comment letters during the public review period.

C. The Planning Commission reviewed the Final EIR, inclusive of the Draft EIR, which is on file with the Planning Department and incorporated herein by this reference, and all comments received regarding the Sunset Crossroads Specific Plan EIR. In light of the whole record, the Planning Commission determines and finds that: the project will result in significant and unavoidable impacts on the environment, including the degradation of air quality and increases in vehicles miles travelled, noise and greenhouse gas emissions as a result of the Project. The Commission finds that the overriding considerations related to the social, economic and other benefits of the Project, including the eight identified in the Statement of Overriding Considerations as part of the record, do not outweigh the potential unavoidable significant impacts.

D. Based on the findings set forth in this Resolution and the whole of the administrative record in this matter, the Planning Commission hereby recommends that the City Council reject certification of the Sunset Crossroads FEIR, reject adoption of the 26 Resolution 2026-26
January 28, 2026

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related CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project.

SECTION 3. DENIAL
The City Council hereby affirms the Planning Commission’s recommendation and DENIES the Project applications and REJECTS the certification of the EIR SCH No. 2021020011, including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.

SECTION 4. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 28th day of January, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Administrative City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
27 Resolution 2026-26
January 28, 2026

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CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk for the City of Banning City Council, do hereby certify that the foregoing Resolution No. 2026-26, was duly adopted by the City Council of the City of Banning, California, at a special meeting thereof held on the 28th day of January, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning
28 Resolution 2026-27
January 28, 2026

Page 1 of 12 ends

RESOLUTION 2026-27

A RESOLUTION OF THE CITY COUNDIL OF THE CITY OF BANNING, CA, DENYING THE SUNSET CROSSROADS SPECIFIC PLAN NO. 20- 2002, GENERAL PLAN AMENDMENT NO. 20-2501, ZONE CHANGE 20- 3502, TENTATIVE PARCEL MAP NO. 38118, AND A DEVELOPMENT

AGREEMENT BETWEEN THE CITY AND NP BANNING INDUSTRIAL

LLC FOR THE DEVELOPMENT OF INDUSTRIAL AND COMMERCIAL
USES ON A 533.8-ACRE PROJECT SITE LOCATED SOUTH OF I-10

AND THE UNION PACIFIC RAILROAD, AND WEST OF SUNSET
AVENUE (ASSESSOR’S PARCEL NUMBERS (APNS): 537-110-003
THROUGH -005, 537-110-011 THROUGH -014, 537-120-013, 537-120- 025, AND 537-120-028 THROUGH -036), INCLUDING 253.7 ACRES

LOCATED IN UNINCORPORATED RIVERSIDE COUNTY AND THE
CITY’S SOUTHERLY SPHERE OF INFLUENCE
WHEREAS, an application for Specific Plan 20-2002, General Plan Amendment (GPA) 20-2501, Zone Change (ZC) 20-3502, Tentative Parcel Map (TPM) 38118, and a Development Agreement with the City of Banning (collectively, the "Project"), for the development of industrial and commercial uses on a 533.8-acre project site located south of I-10 and the Union Pacific Railroad, and west of Sunset Avenue (assessor’s parcel numbers (APNS): 537-110-003 through -005, 537-110-011 through -014, 537-120-013, 537-120-025, and 537-120-028 through -036), including 253.7 acres located in unincorporated riverside county and the city’s southerly sphere of influence, has been duly filed by NP Banning Industrial, LLC; and
WHEREAS, concurrently with consideration of the Project, the City is considering General Plan Amendment (GPA) 22-2502, and Zone Change (ZC) 22-3502, to amend the existing land use designation on twelve parcels of land from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), and amending the Zoning District classification from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), for 40.9 acres of a 49.2-acre site located at the southeast corner of Westward and Sunset Avenues (APNs: 537-140-004, 537-140-006 through -012, 537-150-001, 537- 150-003 and -004, 537-150-008, and 537-140-001 through -003 (collectively the “MSJC Site”) to ensure that approval of the Project will not result in a net loss of residential housing capacity; and
WHEREAS, pursuant to Section 17.04.060.C. of the Banning Municipal Code, the Planning Commission has the authority to review and make recommendations to the City Council concerning SP 20-2002, GPA 20-2501, ZC 20-3502, TPM 38118, a DA between NP Banning Industrial, LLC and EA 20-1506 (SCH# 2021020011, FEIR for the Project); and
WHEREAS, pursuant to Section 17.76.020 of the Banning Municipal Code, the Planning Commission has the authority to interpret the General Plan; and 29 Resolution 2026-27
January 28, 2026

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WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(2) and 15070, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the project, and an Initial Study was not necessary. A Notice of Preparation (NOP) was therefore completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comment on the Project’s potential impact(s) on the environment; and
WHEREAS, the State of California Clearinghouse issued a project number for the project, SCH No. 2021020011. The 30-day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City’s website. Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts; and WHEREAS, due to COVID-19 restrictions, the Public Scoping meeting was held virtually on February 18, 2021, via Zoom. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on February 5, 2021, providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting; and
WHEREAS, the Sunset Crossroads development project includes a General Plan Amendment and implementation of a Specific Plan for the Project; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) were conducted. On November 30, 2020, the City reached out to 31 Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Morongo Band of Mission Indians (MBMI), the Soboba Band of Luiseño Indians (SBLI), and the Agua Caliente Band of Cahuilla Indians (ACBCI) requesting formal consultation with the City regarding the Development Project; and
WHEREAS, a Notice of Availability (NOA) of the Draft EIR was provided to responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from December 15, 2023, to January 30, 2024, and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023, to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and 30 Resolution 2026-27
January 28, 2026

Page 3 of 12 ends

WHEREAS, during the public review and comment period, the City received 54 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project; and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on August 15, 2025, the City provided public hearing notice by advertisement in the Record Gazette newspaper of a public hearing before the Planning Commission to consider the Project, and related environmental documentation. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, on September 10, 2025, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project.

At the conclusion of the hearing, the Commission voted 2 in support and 3 opposed to adopt the draft resolution recommending approval, resulting in a failed motion; and WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on October 10, 2025, the City provided notice by advertisement in the Record Gazette newspaper of a public hearing before the Planning Commission for further deliberation to consider the Project and related environmental documentation. The notice was also mailed to the owners of the subject properties within 300 feet of the Project boundary; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, on November 5, 2025 the Planning Commission considered any new information received on the project and voted 3 in support and 2 opposed to not re-open the public hearing, in accordance with the City of Banning’s Manual of Procedural Guidelines, Section 7.3(e), before continuing its deliberation and considering the entirety of the record for the Project; and
WHEREAS, after further deliberation the Planning Commission voted 3 in support and 2 opposed to instruct staff to prepare a resolution making findings supporting a denial recommendation to the City Council and said resolution was considered at a Special Meeting of the Planning Commission on November 17, 2025.

WHEREAS, at the November 17, 2025, special meeting, the Planning Commission voted 3-2 adopting Resolution No. 2025-16 recommending the City Council deny Project applications and rejecting the certification of the EIR SCH No. 2021020011, including 31 Resolution 2026-27
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Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
WHEREAS, a public notice for the January 28, 2026, City Council special meeting was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the project site; and WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed general plan amendment and zone change, supporting materials, and public testimony and finds the project in conformance with the requirements of the Banning Municipal Code, the City’s General Plan, and the Zoning Ordinance.

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

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. FINDINGS FOR GENERAL PLAN AMENDMENT:

Section 17.64.070 of the Banning Municipal Code (BMC) requires that General Plan Amendment applications meet four required findings. The City Council does hereby find and determine that General Plan Amendment, Case No. GPA 20-2501, be denied as a legislative act based on information in the record and because at least one of the required findings cannot be met in the affirmative for the following reasons:

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

Findings of Fact: The Project seeks to amend the allowable land use of approximately 400 acres of land from residential to industrial in an area that is primarily surrounded by existing and planned residential land uses, to allow an industrial development of approximately 5 million square feet of building area in buildings ranging in size up to 1.4- million square feet. The proposed Amendment to the General Plan would create internal inconsistencies with the General Plan Vision Statement, the Circulation Element and the Land Use Element for the following reasons:

1. Vision Statement. We see evenly distributed residential development of all types which provides quality housing for all our residents. To accomplish this, we commit to respecting and enhancing the character of our existing neighborhoods, securing more open space, and encouraging high quality development proposals.

The proposed reduction of Residential Land Use to accommodate the proposed amendment and several hundred acres of Industrial Land Use conflicts with this Vision statement by placing Industrial Land Uses into an area characterized by 32 Resolution 2026-27
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existing and planned Residential Land Uses and distributing too much Industrial Land Use in the City. As described further below, the amendment will increase overall Industrial acreage in the City by approximately 40%, which is inconsistent with the above vision statement. The truck-intensive nature of the proposed industrial uses and associated routing of trucks past established and planned residential neighborhoods does not respect or enhance the character of existing neighborhoods surrounding the land proposed for amendment to industrial, due to significant impacts as described in the EIR and further described below.

2. Community Development – Land Use Element
a. Residential Goal 1. Preserve and enhance the City’s neighborhoods. b. Residential Policy 2. Projects adjacent to existing neighborhoods shall be carefully reviewed to ensure that neighborhood character is protected.

The proposed amendment conflicts with the above goal and policy in the General Plan. The proposed truck-intensive impacts from the industrial/warehouse uses will not respect the character of existing and proposed residential neighborhoods that surround the Project site. Residential uses adjacent to the east side of Sunset Avenue will be impacted by the increase in truck traffic from the proposed Amendment to allow Industrial Land Uses, because of the anticipated 1,850 trucks using Sunset Avenue and the resulting degradation of air quality, increase in greenhouse gas emissions and increase in noise and visual blight impacts to these residents. Consequently, the proposed Amendment does not protect, nor enhance, the existing and planned residential uses in the adjacent and surrounding neighborhoods. The amendment is inconsistent with Residential Goal 1 and Residential Policy 2.
c. Industrial Goal. A balanced mix of non-polluting industrial land uses which provide local jobs for the City’s residents.

The proposed amendment conflicts with the above goal. The Environmental Impact Report identifies significant and unavoidable impacts to air quality and greenhouse gases as a result of the amendment. Significant impacts include both construction and operational from the Industrial Land Use that cannot be mitigated to less than significant. Therefore, the amendment conflicts with the above Industrial Goal by introducing polluting industrial uses. d. Commercial and Industrial Policy 7. The land use map shall include sufficient industrial lands for manufacturing, warehousing and distribution, while carefully considering compatibility with adjacent lands.

In addition to increasing traffic adjacent to residential neighborhoods, the building mass, building scale, noise and general operating characteristics of the proposed industrial warehouses are incompatible with the established and proposed 33 Resolution 2026-27
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residential neighborhoods in the surrounding area. Buildings within the development will reach up to 60 feet in height, which is incompatible with the character of the residential neighborhood to the west, south and east of the site proposed under this amendment. Consequently, the amendment is inconsistent with Commercial and Industrial Policy 7.
e. Commercial and Industrial Policy 8. Industrial lands shall be located on major roadways with good access to Interstate 10, to assure that potential traffic impacts associated with tractor-trailers are minimized.

The amendment would introduce approximately 1,850 truck trips per day on Sunset Avenue, where there is currently essentially no truck traffic and where existing, adjacent residential developments and the Rancho San Gorgonio project, a planned residential development with 3,400 units, will utilize Sunset Avenue to access the I-10 freeway and surrounding businesses. The I-10 and Sunset Ave interchange is not suited to the projected volume of heavy-duty truck traffic considering space between intersections, ramp grades, and proximity to the I-10 and 22nd Avenue interchange. As a result, the amendment is inconsistent with Commercial and Industrial Policy 8, due to the potential traffic impacts associated with tractor-trailers accessing the Project. The amendment conflicts with Commercial and Industrial Policy 8.

3. Community Development – Circulation Element
a. Policy 6. The City shall maintain peak hour Level of Service D or better at all local intersections.

The EIR traffic analysis (Draft EIR Appendix J-2, Table 5.4 and Table 6-3) finds that six study area intersections would operate at a Level of Service less than D as a result of project-level and cumulative traffic generation, which is inconsistent with General Plan Policy 6 of the Circulation Element requiring an LOS of D or better.
b. Program 14.A. The Public Works Department shall prioritize the need for bridges listed in this Element, develop preliminary cost estimates, identify and pursue sources of funding, including developer funding for each facility. c. Program 14.B. All new development proposals shall pay their fair share of bridge construction needed to serve their project.

Fair-share payment for improvements for impacted roads, particularly the Sunset Bridge at Pershing Creek is not provided as part of the Project. The Project is inconsistent with this provision requiring fair-share payments for bridges. d. Program 28.A. The City shall develop a non-motorized trail system and associated ordinances and other required implementation programs. 34 Resolution 2026-27
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The 2010 Parks & Recreation Master Plan identifies an equestrian trail and urban trail loop which are not incorporated into the Project. The amendment is inconsistent with Circulation Element Program 28.A.

For the above reasons, this finding cannot be made.

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

Findings of Fact: As described in the EIR, the proposed Amendment will result in significant and unavoidable impacts on the environment, including the degradation of air quality and increases in noise and greenhouse gas emissions as a result of the Project, due to the anticipated 1,850 truck trips on Sunset Avenue as well as within the project boundary. As a result, the proposed amendment to the General Plan would be detrimental to the public interest, health, safety, convenience and welfare.

The City has designated certain streets for use by commercial vehicles (in excess of 10,000 pounds) to protect the public health, safety and welfare from potential effects and impacts of commercial trucks (Resolution 2005-091), such streets being designated as Sunset Ave north of Lincoln St, and Lincoln St east of Sunset Ave. However, the amendment to the General Plan would introduce commercial trucks on area roadways that are not designated for use by commercial vehicles in excess of 10,000 pounds.

Consequently, the amendment is inconsistent with Resolution 2005-091 and would be detrimental to the public health, safety and welfare.

For the above reasons, this finding cannot be made.

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

Findings of Fact: The General Plan designates 940 acres for Industrial uses, which was deemed adequate for a balance of land uses (Economic Development Element, III31). The amendment would increase the amount of land designated for Industrial land use by approximately 390 acres, which is a 40% increase from the balanced condition anticipated by the 2006 General Plan. Further, the amendment would alter the distribution and diversity of planned residential uses by consolidating areas currently planned for a variety of densities onto a much smaller site at substantially higher density. These actions create an imbalance of land uses in the General Plan and disrupt the residential density ranges anticipated and desired in the City. Consequently, the proposed amendment would not maintain the appropriate balance of land uses within the City. This finding cannot be made.

Finding D: The subject parcels are physically suitable for the requested land use designation(s) and the anticipated land use development(s).

Findings of Fact: The amendment and proposed Project would introduce commercial truck traffic to the adjacent streets, including Sunset Avenue, conflicting with established 35 Resolution 2026-27
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and planned residential neighborhoods. The additional truck traffic will utilize the I-10 / Sunset Avenue interchange as the sole access point to the I-10 freeway; however, this interchange is not physically suited for the type and volume of traffic anticipated by the amendment and Project. The Project conflicts with multiple fundamental provisions of the adopted General Plan and related City policies and programs. These conflicts arise primarily due to the truck-intensive nature of the proposed industrial uses and proximity to established and future neighborhoods. Therefore, the subject parcels are not suitable for the requested land use designation and land use development due to incompatibility with the surrounding land uses and due to site access, which requires substantial volumes of truck traffic passing by existing and planned residential neighborhoods and use of a single freeway interchange that is not physically suited to use by substantial volumes of heavy trucks. This finding cannot be made.

SECTION 3. FINDINGS FOR AMENDMENT TO TITLE 17 (ZONING):

Section 17.116.030 of the Banning Municipal Code provides that the Planning Commission shall make a written recommendation on a proposed amendment to the Zoning Ordinance (Title 17) whether to approve, approve in modified form, or disapprove based upon their findings. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that Zone Change, Case No. ZC 20- 3502, be denied because at least one of the following required findings cannot be met in the affirmative for the following reasons:

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

Findings of Fact: The Zone Change amends the zoning to allow the Sunset Crossroads Specific Plan. The Specific Plan proposes 392 acres of Industrial land uses, which is inconsistent with the existing General Plan. The Land Use Plan of the General Plan currently identifies the property as a combination of residential uses (Low Density Residential, Medium Density Residential and High Density Residential), commercial (General Commercial), and open space uses (Open Space-Resources and Open SpaceParks), which are inconsistent with the proposed Specific Plan zone change. Further, the Planning Commission considered re-designating the allowable land uses for the site to conform to the proposed Specific Plan, but has found that request is inconsistent with the required findings for approval for the reasons stated in Section 3, above. Consequently, the proposed zone change/amendment is inconsistent with the General Plan, including goals and policies identified in Section 3 of this Resolution. This finding cannot be made.

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

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

Findings of Fact: The Planning Commission considered the EIR and determined the project result will result in significant and unavoidable impacts to the environment, including the degradation of air quality and increases in noise and greenhouse gas 36 Resolution 2026-27
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emissions as described in the EIR. In their review of these impacts, the Planning Commission recommends the City Council reject certifying the EIR, as detailed in Section 2, above.

SECTION 4. FINDINGS FOR SPECIFIC PLAN:

BZO Section 17.96.040 requires that four findings be met to justify approval of a Specific Plan application. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that Specific Plan, Case No. SP 20-2002, be denied because at least one of the following required findings cannot be met in the affirmative for the following reasons:

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

Finding of Fact: The Specific Plan proposes 392 acres of Industrial land uses, which is inconsistent with the existing General Plan. The Land Use Plan of the General Plan currently identifies the property as a combination of residential uses (Low Density Residential, Medium Density Residential and High Density Residential), commercial (General Commercial), and open space uses (Open Space-Resources and Open SpaceParks), which are inconsistent with the proposed Specific Plan. Further, the Planning Commission considered re-designating the allowable land uses for the site to conform to the proposed Specific Plan, but has found that request inconsistent with the required findings for approval for the reasons stated in Section 3 of this Resolution. Consequently, the proposed Specific Plan is inconsistent with the General Plan, including goals and policies identified in Section 3 of this resolution.

Finding B: The proposed plan would not be detrimental to the environment, or to the public interest, health, safety, convenience, or welfare of the City;
Finding C: The subject property is physically suitable for the requested land use designation(s) and the anticipated development(s);
Finding D: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.

SECTION 5. FINDINGS FOR TENTATIVE PARCEL MAP 38118:

Pursuant to Section 66474 of the Subdivision Map Act, there are seven findings that must be met to justify approval of a Tentative Map application. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that Tentative Parcel Map, Case No. TPM 38118, be denied because at least one of the following required findings cannot be met in the affirmative for the following reasons:

Finding A: The proposed Tentative Parcel Map is consistent with all applicable general and specific plans.
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Findings of Fact: The Tentative Parcel Map proposes subdividing 392 acres of land for the purposes of Industrial land uses, which is inconsistent with the existing General Plan. The Land Use Plan of the General Plan currently identifies the property as a combination of residential uses (Low Density Residential, Medium Density Residential and High Density Residential), commercial (General Commercial), and open space uses (Open Space-Resources and Open Space-Parks), which are inconsistent with the proposed Tentative Parcel Map. Further, the Planning Commission considered redesignating the allowable land uses for the site to conform to the proposed Specific Plan, but has found that request inconsistent with the required findings for approval as provided in Section 3 of this Resolution. Consequently, the proposed Tentative Parcel Map is inconsistent with the General Plan, including goals and policies identified in Section 3 of this Resolution.

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

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

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

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

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

SECTION 6. FINDINGS FOR DEVELOPMENT AGREEMENT:

BZO Section 17.60.030 provides in pertinent part that a Development Agreement is a legislative act, that two findings be met to justify approval of a Development Agreement application, and that it be consistent with Article 25 of Chapter 4 of Division I of Title 7 (Commencing with Section 65864) of the California Government Code. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that the Development Agreement be denied because of information contained in the record and because at least one of the required findings cannot be met in the affirmative for the following reasons:

Finding A: The Development Agreement is consistent with the General Plan, any applicable Specific Plans, and the Zoning Ordinance.

Findings of Fact: The Development Agreement proposes establishing 392 acres of Industrial land uses, which is inconsistent with the existing General Plan. The Land Use Plan of the General Plan currently identifies the property as a combination of residential 38 Resolution 2026-27
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uses (Low Density Residential, Medium Density Residential and High Density Residential), commercial (General Commercial), and open space uses (Open SpaceResources and Open Space-Parks), which are inconsistent with the proposed Development Agreement. Further, the Planning Commission considered re-designating the allowable land uses for the site to conform to the proposed Project, but has found that request inconsistent with the required findings for approval as provided in Section 3 of this Resolution. Consequently, the proposed Development Agreement is inconsistent with the General Plan, including goals and policies identified in Section 3 of this Resolution.

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

SECTION 3. DENIAL
The City Council hereby affirms the Planning Commission’s recommendation and DENIES Specific Plan 20-2002, General Plan Amendment (GPA) 20-2501, Zone Change (ZC) 20- 3502, Tentative Parcel Map (TPM) 38118, and the associated Development Agreement and rejects the certification of the EIR SCH No. 2021020011, including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.

SECTION 4. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 28th day of January 2026 Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Administrative City Clerk
City of Banning

LEGAL AS TO FORM
John Pinkney, City Attorney
SBMEP
39 Resolution 2026-27
January 28, 2026

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CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk for the City of Banning City Council, do hereby certify that the foregoing Resolution No. 2026-27, was duly adopted by the City Council of the City of Banning, California, at a special meeting thereof held on the 28th day of January, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning
40 Resolution 2026-28
January 28, 2026

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RESOLUTION 2026-28

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

CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT (EIR SCH NO. 2021020011) INCLUDING RELATED FINDINGS, STATEMENT

OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PROGRAM (“MMRP”) FOR THE NP BANNING

INDUSTRIAL LLC INDUSTRIAL AND COMMERCIAL DEVELOPMENT
PROJECT INVOLVING SPECIFIC PLAN NO. 20-2002, GENERAL PLAN AMENDMENT NO. 20-2501, ZONE CHANGE 20-3502, TENTATIVE
PARCEL MAP NO. 38118, AND A DEVELOPMENT AGREEMENT, ON A 533.8 ACRE PROJECT SITE LOCATED SOUTH OF I-10 AND THE UNION

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WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the Project.

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

SECTION 1. RECITALS.

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ENVIRONMENTAL DETERMINATION.

C. The City Council has reviewed the Final EIR, inclusive of the Draft EIR, which is on file with the Planning Department and incorporated herein by this reference, and all comments received regarding the Sunset Crossroads Specific Plan EIR. In light of the whole record, the City Council determines and finds that: (1) the EIR was prepared in compliance with CEQA; (2) with the incorporation of mitigation measures, there is no substantial evidence that the Sunset Crossroads Specific Plan and MSJC density transfer entitlements will have a significant effect on the environment; and (3) the EIR reflects the independent judgement and analysis of the City Council.

D. Based on the findings set forth in this Resolution and the whole of the administrative record in this matter, the City Council CERTIFIES the Sunset Crossroads FEIR, and adopts the related CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project, which are hereby incorporated into this Resolutions.
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SECTION 3. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP):

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

SECTION 4. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 28th day of January, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Administrative City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
45 Resolution 2026-28
January 28, 2026

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CERTIFICATION:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning
46 Resolution 2026-29
January 28, 2026

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RESOLUTION 2026-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CA, APPROVING THE SUNSET CROSSROADS SPECIFIC PLAN NO. 20- 2002, GENERAL PLAN AMENDMENT NO. 20-2501, ZONE CHANGE 20- 3502, AND A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND

NP BANNING INDUSTRIAL LLC FOR THE DEVELOPMENT OF
INDUSTRIAL AND COMMERCIAL USES ON A 533.8-ACRE PROJECT
SITE LOCATED SOUTH OF I-10 AND THE UNION PACIFIC RAILROAD, AND WEST OF SUNSET AVENUE (ASSESSOR’S PARCEL NUMBERS
(APNS): 537-110-003 THROUGH -005, 537-110-011 THROUGH -014, 537- 120-013, 537-120-025, AND 537-120-028 THROUGH -036), INCLUDING 253.7 ACRES LOCATED IN UNINCORPORATED RIVERSIDE COUNTY
AND THE CITY’S SOUTHERLY SPHERE OF INFLUENCE
WHEREAS, an application for Specific Plan 20-2002, General Plan Amendment (GPA) 20-2501, Zone Change (ZC) 20-3502, Tentative Parcel Map (TPM) 38118, and a Development Agreement with the City of Banning (collectively, the "Project"), for the development of industrial and commercial uses on a 533.8-acre project site located south of I-10 and the Union Pacific Railroad, and west of Sunset Avenue (assessor’s parcel numbers (APNS): 537-110-003 through -005, 537-110-011 through -014, 537-120-013, 537-120-025, and 537-120-028 through -036), including 253.7 acres located in unincorporated riverside county and the city’s southerly sphere of influence, has been duly filed by NP Banning Industrial, LLC; and
WHEREAS, concurrently with consideration of the Project, the City is considering General Plan Amendment (GPA) 22-2502, and Zone Change (ZC) 22-3502, to amend the existing land use designation on twelve parcels of land from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), and amending the Zoning District classification from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), for 40.9 acres of a 49.2-acre site located at the southeast corner of Westward and Sunset Avenues (APNs: 537-140-004, 537-140-006 through -012, 537-150-001, 537- 150-003 and -004, 537-150-008, and 537-140-001 through -003 (collectively the “MSJC Site”) to ensure that approval of the Project will not result in a net loss of residential housing capacity; and
WHEREAS, pursuant to Section 17.04.060.C. of the Banning Municipal Code, the Planning Commission has the authority to review and make recommendations to the City Council concerning SP 20-2002, GPA 20-2501, ZC 20-3502, TPM 38118, a DA between NP Banning Industrial, LLC and EA 20-1506 (SCH# 2021020011, a FEIR for the Project; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(2) and 15070, the proposal constitutes a 47 Resolution 2026-29
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project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the project, and an Initial Study was not necessary. A Notice of Preparation (NOP) was therefore completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comment on the Project’s potential impact(s) on the environment; and
WHEREAS, the State of California Clearinghouse issued a project number for the project, SCH No. 2021020011. The 30-day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City’s website. Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts; and WHEREAS, due to COVID-19 restrictions, the Public Scoping meeting was held virtually on February 18, 2021 via Zoom. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on February 5, 2021 providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting; and
WHEREAS, the Sunset Crossroads development project includes a General Plan Amendment and implementation of a Specific Plan for the Project; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) was conducted. On November 30, 2020 the City reached out to 31 Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Morongo Band of Mission Indians (MBMI), the Soboba Band of Luiseño Indians (SBLI), and the Agua Caliente Band of Cahuilla Indians (ACBCI) requesting formal consultation with the City regarding the Development Project; and
WHEREAS, the City provided a separate consultation invitation to these same 31 Native American contacts on August 25, 2022, specifically identifying the entitlement actions related to the MSJC Site. In this 2022 consultation, the City stated the MSJC site entitlements proposed only changes to the City’s land use and zoning maps, and that no construction or physical alterations were proposed or would be authorized under the MSJC entitlements. The MBMI acknowledged the City’s actions and noted the MSJC Site is located within the ancestral territory and traditional use area of the Cahuilla and Serrano people of the MBMI and that any future construction or alterations to the MSJC Site would be of interest to the MBMI. The San Manuel Band of Mission Indians (SMBMI) stated the MSJC Site is outside of Serrano ancestral territory and, as such, SMBMI would not request consulting party status with the City; and
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WHEREAS, a Notice of Availability (NOA) of the Draft EIR was provided to, responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from December 15, 2023 to January 30, 2024 and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023 to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and WHEREAS, during the public review and comment period, the City received 54 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project; and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on August 15, 2025, the City provided public notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, and Notice of Intent (NOI) to recommend that the City Council adopt a Final Environmental Impact Report (FEIR) for the Project. The public hearing notice/NOI was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, on September 10, 2025 the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project and is recommending that the City Council approve the Project.

WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on October 10, 2025, the City provided notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, before the Planning Commission to consider the Project and to recommend that the City Council adopt a Final Environmental Impact Report (FEIR) for the Project. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, on November 5, 2025 the Planning Commission considered any new information received on the project and voted 3 in support and 2 opposed to not re-open the public hearing, in accordance with the City of Banning’s Manual of Procedural Guidelines, Section 7.3(e), 49 Resolution 2026-29
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before continuing its deliberation and considering the entirety of the record for the Project; and
WHEREAS, at the November 5, 2025, regular meeting, the Planning Commission voted 5-0 instructing staff to prepare a resolution making findings supporting a denial recommendation to the City Council of the Projects and rejection of the certification of the EIR; and
WHEREAS, at the November 17, 2025, special meeting, the Planning Commission voted 3-2 adopting Resolution No. 2025-16 recommending the City Council deny Project applications and rejecting the certification of the EIR SCH No. 2021020011, including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
WHEREAS, a public notice for the January 28, 2026, City Council special meeting was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the project site; and WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed general plan amendment and zone change, supporting materials, and public testimony and finds the project in conformance with the requirements of the Banning Municipal Code, the City’s General Plan, and the Zoning Ordinance.

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

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ENVIRONMENTAL DETERMINATION:

B. Thereafter, City Staff provided public notice of completion of a Draft EIR and establishing the 45-day public review and comment period as required by law. The public comment period began on December 15, 2023, and expired on January 30, 2024. Copies of the documents are available for public review and inspection at City Hall, 99 E. Ramsey Street, Banning, California 92220, the Banning Public Library, located at 21 West Nicolet Street, Banning, California 92220, and the City 50 Resolution 2026-29
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of Banning website. The City received 54 comment letters during the public review period.

C. The Planning Commission reviewed the Final EIR, inclusive of the Draft EIR, which is on file with the Planning Department and incorporated herein by this reference, and all comments received regarding the Sunset Crossroads Specific Plan EIR. In light of the whole record, the Planning Commission determines and finds that: (1) the EIR was prepared in compliance with CEQA; (2) with the incorporation of mitigation measures, there is no substantial evidence that the MSJC entitlements will have a significant effect on the environment; and (3) the EIR reflects the independent judgement and analysis of the Planning Commission.

D. Based on the findings set forth in this Resolution and the whole of the administrative record in this matter and pursuant to the City Council’s adoption of Resolution 2026-28 the City Council CERTIFIES the Sunset Crossroads FEIR and adopts the related CEQA Findings, Statement of Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Project, which are hereby incorporated into this Resolution.

SECTION 3. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP):

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

SECTION 4. FINDINGS FOR GENERAL PLAN AMENDMENT:

Section 17.64.070 of the Banning Municipal Code (BMC) requires that General Plan Amendment applications meet certain findings prior to recommendation of approval by the Planning Commission. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that General Plan Amendment, Case No. GPA 20-2501, can be approved because the following required findings can all be met in the affirmative:

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

Findings of Fact: California Government Code Section 65302 requires that a General Plan consist of seven (7) State-mandated elements, including Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety. The Land Use Element is one of the seven State-mandated elements of the General Plan and includes the Land Use Map for the City of Banning. The Land Use map and the Zoning map are 100% consistent with one another and, therefore, the same map doubles to serve both purposes. The proposed Project will not create an incompatible land use as discussed in Table 4.11.A:

Development Project Consistency Analysis with the City of Banning General Plan, found in the Draft EIR. This Table evaluates how the proposed Project is internally consistent with each element of the General Plan.
51 Resolution 2026-29
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Finding B: That the proposed amendment would not be detrimental to the public Interest, health, safety, convenience, or welfare of the City.

Findings of Fact: The proposed General Plan Land Use Map Amendment and Zone Change will allow for the orderly development of the proposed Sunset Crossroads development project in an industrial area, further strengthening economic development and job opportunities, while not damaging the public interest, health, safety, convenience, or welfare of the City.

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

Findings of Fact: Table III-3, of the Community Development Chapter of the City’s General Plan details that 252.1 acres of vacant land is designated as General Commercial, and 274.1 acres of vacant land is designated as Industrial. The Project will increase the amount of vacant General Commercial land by 47.9 acres, and will increase the amount of vacant Industrial land by 392 acres which provide a statistically significant positive change in the balance of vacant non-residential land uses within the City. A transfer of the residential density currently identified within the Sunset Crossroads Specific Plan boundary will transfer to another nearby location, resulting in no net loss of residential density, as required under state law and General Plan Housing Element goals and programs. As such, the balance of land use designations will not be negatively impacted by the Project.

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

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The Specific Plan text identifies the permitted land uses; development standards, design guidelines; and implementation provisions. The Development Project includes a General Plan Amendment and Zone Changes amending the land use designations on-site to General Commercial (GC), Industrial (I), Open Space – Parks (OS-P), and Open Space – Resources (OS-R). Approximately 65.6 acres of the Project site would be retained as Open Space - Resources (OS-R) and/or Open Space – Parks (OS-P) use, including a five-acre passive park. Approximately 253.7 acres of the site are located outside the current City boundary within the City’s sphere of influence (SOI); therefore, the Project envisions annexation of this area into the city. A Plan of Services and a Water Supply Assessment prepared for the project indicates that site access and infrastructure for utility conveyances is available and provisions for service have been planned.

SECTION 5. FINDINGS FOR AMENDMENT TO TITLE 17 (ZONING):

Section 17.116.030 of the Banning Municipal Code provides that the Planning Commission shall make a written recommendation on a proposed amendment to the Zoning Ordinance (Title 17) whether to approve, approve in modified form, or disapprove based upon their findings. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that Zone Change, Case No. ZC 20- 3502, can be approved because the following required findings can all be met in the affirmative:

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

Findings of Fact: The proposed amendment will establish a land use pattern consistent with the corresponding general plan amendment, allowing for General Commercial and Industrial districts while preserving natural on-site arroyos and open spaces with Open Space designations. The proposed zoning will also create economic opportunities consistent with the goals and policies in the General Plan Economic Development Element, such as the following:
• Goal: A balanced, broadly-based economy that provides a full range of economic and employment opportunities, while maintaining high standards of development and environmental protection.
• Policy 2 The City shall take a proactive role in the retention of existing businesses and the recruitment of new businesses, particularly those that generate and 53 Resolution 2026-29
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broaden employment opportunities, increase discretionary incomes, and contribute to City General Fund revenues.
• Program 6.B Preserve highway commercial land use designations at interchange locations, and encourage the location of high quality freeway-serving businesses.

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

Findings of Fact: The proposed Project shall require an amendment to Banning Municipal Code Section 17.96.080 - Specific plan zoning districts and zoning map designations. Inclusion of the Sunset Crossroads Specific Plan in the BMC will immediately make it consistent with the zoning ordinance. A key element of the project involves a transfer of residential density from Sunset Crossroads development project site to the Mt. San Jacinto Community College site to accommodate the commercial/industrial development project. The transfer of residential development capacity is consistent with state housing law in that it ensures no net loss in the residential development capacity identified in the City’s General Plan. The proposed density transfer can be accommodated on an approximately 41-acre site because the proposed density range is from 24 to 30 dwelling units per acre, consistent with the Zoning Ordinance and development standards for the Very High Density Residential zone.

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

Findings of Fact: The Sunset Crossroads FEIR has been prepared for the Project in accordance with the California Environmental Quality Act (CEQA). The Planning Commission has conducted an independent review and the Planning Commission is recommending that the City Council certify the Sunset Crossroads FEIR and adopt the related CEQA Findings, Statement of Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Project.

SECTION 6. FINDINGS FOR SPECIFIC PLAN:

BZO Section 17.96.040 requires that four findings be met to justify approval of a Specific Plan application. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that Specific Plan, Case No. SP 20- 2002, can be approved because the following required findings can all be met in the affirmative:

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as outlined in the General Plan goals and policies and aligns with policies related to walkability, infrastructure upgrades, and community amenities.

Finding D: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.

SECTION 7. FINDINGS FOR DEVELOPMENT AGREEMENT:

BZO Section 17.60.030 requires that two findings be met to justify approval of a Development Agreement application. The Planning Commission of the City of Banning does hereby recommend that the City Council find and determine that the Development Agreement can be approved because the following required findings can all be met in the affirmative:

Finding A: The Development Agreement is consistent with the General Plan, any applicable Specific Plans, and the Zoning Ordinance. 55 Resolution 2026-29
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Findings of Fact: In accordance with the Banning Municipal Code, the Development Agreement contains provisions that set forth a defined term, the specific types, density, and intensity of uses allowed, reservations or dedication of land for public purposes, a limited stay on future development fee increases; and processes for reviewing related future approvals and amending the Development Agreement. Approval of the Development Agreement would provide for the orderly development of the Project and necessary infrastructure improvements.

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

Findings of Fact: The Development Agreement incorporates provisions for financing, acquisition, and construction of infrastructure, for the Sunset Crossroads Specific Plan, as well as acquisition and development of adequate levels of open space. The Agreement would grant the applicant vested rights to develop the Project in exchange for certain financial contributions, including a substantial public benefit fees and land dedications, and other consideration to be received by the City.
56 Resolution 2026-29
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SECTION 8. APPROVAL
The City Council Hereby Approves Specific Plan No. 20-2002, General Plan Amendment No. 20-2501, Zone Change 20-3502, and a Development Agreement Between the City and NP Banning Industrial LLC Subject to the Conditions of Approval attached as Exhibit A.

SECTION 9. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 28th day of January, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Administrative City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
57 Resolution 2026-29
January 28, 2026

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CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk for the City of Banning City Council, do hereby certify that the foregoing Resolution No. 2026-29, was duly adopted by the City Council of the City of Banning, California, at a special meeting thereof held on the 28th day of January, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning
58 Resolution 2026-30
January 28, 2026

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RESOLUTION NO. 2026-30

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

CA, APPROVING A PLAN OF SERVICE AND ANNEXATION REQUEST

AND REQUESTING THE RIVERSIDE LOCAL AGENCY FORMATION

COMMISSION TO FAVORABLY CONSIDER ANNEXATION OF THE

SUBJECT PROPERTY
WHEREAS, the affected territory located on approximately 533.8 acres of land in the unincorporated area of the County of Riverside as set forth in Exhibit A attached hereto and by this reference incorporated herein (the “Property”) is in the Sphere of Influence (as such term is defined in Govt. Code Section 56076) of the City of Beaumont (“City”) and is uninhabited; and
WHEREAS, the City Council of the City of Banning desires that the Riverside County Formation Commission (“LAFCO”) accept the Owner’s application for annexation of the Property into the City and upon completion thereof take proceedings required for the annexation of the Property pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code; and
WHEREAS, the City Council of the City of Banning concurrently with the consideration of this Resolution has adopted Resolution No. 2026-28 certifying Final Environmental Impact Report SCH No. 2021020011 (“FEIR”), which considers the prezoning of the Property and the annexation of the Property into the City; has adopted environmental findings pursuant to the California Environmental Quality Act, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and has also adopted a General Plan Amendment, pre-zoning of the Property to specific plan, the Sunset Crossroads Specific Plan, General Plan Amendment, Zone Change, a Development Agreement between the City of Banning and NP Banning Industrial LLC, and Tentative Parcel Map No. 38118 with respect to the Property; and WHEREAS, in connection with annexation the City Council of the City of Banning desires to approve the Riverside County Local Agency Formation Commission Plan of Services for the Sunset Crossroads Specific Plan Fiscal Impact Analysis and upon application therefor by the owner of the Property and approval by LAFCO of the application, the City desires to annex the Property into the City of Banning consistent with this Resolution; and
WHEREAS, this proposal is consistent with the sphere of influence of the City of Banning; and
WHEREAS, the Property shares a common boundary and is contiguous (as defined by Govt. Code §56031(a)) with the existing boundary of the City to the north, west, and east of the annexation area; and
WHEREAS, the reasons for the proposed annexation are as follows:

This annexation is in the public interest, and that there will be a community benefit 59 Resolution 2026-30
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resulting from the amendment:
(i) A plan of services has been prepared for the General Plan Amendment and provides operation and maintenance of community activities and events, public safety, transit, maintenance of public works, sanitary sewers and trash collections to insure that adequate public services and facilities are provided in a timely manner for the Property and the Project;
(ii) It will provide for more efficient public service; and (iii) Is compatible with surrounding land uses and is consistent with the existing industrial character of the area; and
WHEREAS, it is desired to provide that the proposed annexation be subject to the following terms and conditions:

The annexation is subject to the provisions in the Plan of Service and LAFCO approval.

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

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. FINDINGS FOR ANNEXATION:

Approve an Annexation based on the following findings included herein for the City Council to initiate the annexation of 253.7 acres of unincorporated property located within the City’s Sphere of Influence and which is intended to be incorporated as part of the Sunset Crossroads Specific Plan development project.

Finding A: That the annexation has been considered and analyzed in accordance with CEQA as part of the Sunset Crossroads Specific Plan Final Environmental Impact Report.

Finding of Fact: The annexation area has been evaluated and analyzed in accordance with CEQA. Changes and/or alterations have been required and incorporated in the Final Environmental Impact Report (FEIR) to avoid or substantially lessen the significant environmental effects as identified in the Final EIR within both the annexation and Project Area. Where significant project impacts cannot be mitigated below a level of insignificance, a Statement of Overriding Considerations provides that the economic, social, planning and other benefits of the Project outweigh the significant and unavoidable impacts that could not be mitigated below a level of significance. Consequently, the Statement of Overriding Considerations and adoption of the Findings of Fact is required.

Finding B: The proposed annexation is consistent with the Sunset Crossroads Specific Plan development project.

Finding of Fact: The 253.7 acres of unincorporated area is an integral component of the Sunset Crossroads Specific Plan development project in that the area upon annexation will change land uses from Very Low Density Residential and Low Density Residential zoning districts to industrial land uses. Moreover, the 253.7 acres interconnects the vehicle circulation through the development project site, with circulation 60 Resolution 2026-30
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improvements to make access better for existing residential uses to the south of the private site. The annexed area combines seven Planning Areas that altogether represent nearly 50% percent of the Sunset Crossroads Specific Plan.

Finding C: Adequate public utilities, infrastructure and public services will be available upon annexation of the area.

Finding of Fact: The development of major utility facilities within the Sunset Crossroads Specific Plan area will follow the City’s technical requirements. Drainage, sewer, and Public Services Plans will be phased in line with each development phase planned for the project to facilitate the timely and cost effective extension of services within the project area. Both water and sewer service is provided by the City. The City intends to assure and assist in facilitating the timely and cost-effective extension and expansion of services that support community development and improve quality of life.

Utility facilities, including power and other transmission towers, cellular communication towers will be sited to ensure minimal environmental impacts.

SECTION 8. APPROVAL
The City Council hereby approves the Plan of Service and Annexation request and requests the Riverside Local Agency Formation Commission to favorably consider Annexation of the subject property on approximately 533.8 acres of land in the unincorporated area of the County of Riverside as set forth in Exhibit A.

SECTION 9. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 28th day of January, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Administrative City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
61 Resolution 2026-30
January 28, 2026

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CERTIFICATION:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning
62 Resolution 2026-31
January 28, 2026

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RESOLUTION 2026-31

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

CA, APPROVING THE SUNSET CROSSROADS TENTATIVE PARCEL
MAP NO. 38118, FOR THE DEVELOPMENT OF INDUSTRIAL AND
COMMERCIAL USES ON A 533.8-ACRE PROJECT SITE LOCATED
SOUTH OF I-10 AND THE UNION PACIFIC RAILROAD, AND WEST OF SUNSET AVENUE (ASSESSOR’S PARCEL NUMBERS (APNS): 537-
110-003 THROUGH -005, 537-110-011 THROUGH -014, 537-120-013, 537-120-025, AND 537-120-028 THROUGH -036), INCLUDING 253.7

ACRES LOCATED IN UNINCORPORATED RIVERSIDE COUNTY AND
THE CITY’S SOUTHERLY SPHERE OF INFLUENCE
WHEREAS, an application for Specific Plan 20-2002, General Plan Amendment (GPA) 20-2501, Zone Change (ZC) 20-3502, Tentative Parcel Map (TPM) 38118, and a Development Agreement with the City of Banning (collectively, the "Project"), for the development of industrial and commercial uses on a 533.8-acre project site located south of I-10 and the Union Pacific Railroad, and west of Sunset Avenue (assessor’s parcel numbers (APNS): 537-110-003 through -005, 537-110-011 through -014, 537-120-013, 537-120-025, and 537-120-028 through -036), including 253.7 acres located in unincorporated riverside county and the city’s southerly sphere of influence, has been duly filed by NP Banning Industrial, LLC; and
WHEREAS, concurrently with consideration of the Project, the City is considering General Plan Amendment (GPA) 22-2502, and Zone Change (ZC) 22-3502, to amend the existing land use designation on twelve parcels of land from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), and amending the Zoning District classification from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), for 40.9 acres of a 49.2-acre site located at the southeast corner of Westward and Sunset Avenues (APNs: 537-140-004, 537-140-006 through -012, 537-150-001, 537- 150-003 and -004, 537-150-008, and 537-140-001 through -003 (collectively the “MSJC Site”) to ensure that approval of the Project will not result in a net loss of residential housing capacity; and
WHEREAS, pursuant to Section 17.04.060.C. of the Banning Municipal Code, the Planning Commission has the authority to review and make recommendations to the City Council concerning SP 20-2002, GPA 20-2501, ZC 20-3502, TPM 38118, a DA between NP Banning Industrial, LLC and EA 20-1506 (SCH# 2021020011, a FEIR for the Project; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(2) and 15070, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and 63 Resolution 2026-31
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WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the project, and an Initial Study was not necessary. A Notice of Preparation (NOP) was therefore completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comment on the Project’s potential impact(s) on the environment; and
WHEREAS, the State of California Clearinghouse issued a project number for the project, SCH No. 2021020011. The 30-day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City’s website. Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts; and WHEREAS, due to COVID-19 restrictions, the Public Scoping meeting was held virtually on February 18, 2021, via Zoom. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on February 5, 2021, providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting; and
WHEREAS, the Sunset Crossroads development project includes a General Plan Amendment and implementation of a Specific Plan for the Project; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) were conducted. On November 30, 2020, the City reached out to 31 Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Morongo Band of Mission Indians (MBMI), the Soboba Band of Luiseño Indians (SBLI), and the Agua Caliente Band of Cahuilla Indians (ACBCI) requesting formal consultation with the City regarding the Development Project; and
WHEREAS, the City provided a separate consultation invitation to these same 31 Native American contacts on August 25, 2022, specifically identifying the entitlement actions related to the MSJC Site. In this 2022 consultation, the City stated the MSJC site entitlements proposed only changes to the City’s land use and zoning maps, and that no construction or physical alterations were proposed or would be authorized under the MSJC entitlements. The MBMI acknowledged the City’s actions and noted the MSJC Site is located within the ancestral territory and traditional use area of the Cahuilla and Serrano people of the MBMI and that any future construction or alterations to the MSJC Site would be of interest to the MBMI. The San Manuel Band of Mission Indians (SMBMI) stated the MSJC Site is outside of Serrano ancestral territory and, as such, SMBMI would not request consulting party status with the City; and
WHEREAS, a Notice of Availability (NOA) of the Draft EIR was provided to responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed 64 Resolution 2026-31
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receipt. The NOA identified the State mandated 45-day public review period extending from December 15, 2023, to January 30, 2024, and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023, to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and WHEREAS, during the public review and comment period, the City received 54 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project; and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on August 15, 2025, the City provided public notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, and Notice of Intent (NOI) to recommend that the City Council adopt a Final Environmental Impact Report (FEIR) for the Project. The public hearing notice/NOI was also mailed to the owners of the subject properties within 300 feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, on September 10, 2025 the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project and is recommending that the City Council approve the Project.

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recommendation to the City Council of the Projects and rejection of the certification of the EIR; and
WHEREAS, at the November 17, 2025, special meeting, the Planning Commission voted 3-2 adopting Resolution No. 2025-16 recommending the City Council deny Project applications and rejecting the certification of the EIR SCH No. 2021020011, including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
WHEREAS, a public notice for the January 28, 2026, City Council special meeting was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the project site; and WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed general plan amendment and zone change, supporting materials, and public testimony and finds the project in conformance with the requirements of the Banning Municipal Code, the City’s General Plan, and the Zoning Ordinance.

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

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ENVIRONMENTAL DETERMINATION:

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the EIR was prepared in compliance with CEQA; (2) with the incorporation of mitigation measures, there is no substantial evidence that the MSJC entitlements will have a significant effect on the environment; and (3) the EIR reflects the independent judgement and analysis of the Planning Commission.

SECTION 3. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP):

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

SECTION 4. FINDINGS FOR TENTATIVE PARCEL MAP 38118:

Pursuant to Section 66474 of the Subdivision Map Act, there are seven findings that must be met to justify approval of a Tentative Map application. The City Council of the City of Banning has determined that Tentative Parcel Map, Case No. TPM 38118, can be approved because the following required findings can all be met in the affirmative:

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

Findings of Fact: The City’s General Plan land use designation and Zoning Map will be amended as part of the overall project approvals. The proposed tentative map will be consistent with the designation of the project site as “Specific Plan,” and the proposed map provides for the accommodation of nineteen (19) planning areas, consisting of a variety of commercial and industrial uses, lot types and sizes ranging from 1-acre to 194.3-acres, common open spaces, and circulation and other public improvements. The proposed map furthers the objectives and policies of the General Plan in that 440 acres of the project area is dedicated to commercial and industrial development, with no net loss of residential density.

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

Finding of Fact: The corresponding Specific Plan establishes criteria for circulation and rights-of-way for public street accessing each of the developable parcels proposed within the Tentative Map. Proposed street widths and sections are consistent with the Specific Plan criteria. Utilities will be provided consistent with the Specific Plan.

Finding C: The site is physically suited for this type of development. 67 Resolution 2026-31
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Finding of Fact: The 533.8-acre Project site is currently vacant and undeveloped.

The site’s elevation ranges from approximately 2,399–2,523 feet above mean sea level (amsl). There is a difference of approximately 124 feet of elevation change from the southeast extent of the site to northwest extent of the Project site. The topography is fairly level with gentle slopes, and several watercourses transect the site. Pershing Creek flows in a northwest to southeast direction through the eastern portion of the Development Site and Smith Creek flows in a north-south direction. Highland Wash is a smaller drainage course and tributary to Smith Creek that confluences with Smith Creek near Westward Avenue. The subject site encompasses 533.8 acres, including 253.7 acres making up approximately the south half of the development project is presently outside of the current City limits and within the City’s Sphere of Influence. These 253.7 acres will be annexed into the City of Banning upon approval of the Sunset Crossroads Specific Plan. The proposed map as conditioned, including the mitigation measures contained within the Final Environmental Impact Report and the Mitigation Monitoring Reporting Program will ensure that the Project’s development is in accordance with and will implement the public improvements and mechanisms whereby the necessary facilities and resources will be available for future uses.

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

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

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

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

Finding F: The design of the subdivision or type of improvements is not likely to cause serious public health problems.
68 Resolution 2026-31
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Finding of Fact: All parcels planned for development within the subdivision will have access to utilities, including water, wastewater and electricity. Emergency services such as police and fire are also available to serve the properties as these parcels develop. As a result, no public health problems are anticipated.

Finding of Fact: The subdivision proposes to dedicate public streets that will be consistent with the criteria planned by the Sunset Crossroads Specific Plan. With the improvement of the development, this will allow safe access through the site and provide each newly established parcel with access.

SECTION 5. APPROVAL
The City Council hereby approves the Tentative Parcel Map, Case No. TPM 38118, subject to the Conditions of Approval attached as Exhibit A.

SECTION 6. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 28th day of January, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Administrative City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
69 Resolution 2026-31
January 28, 2026

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CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk for the City of Banning City Council, do hereby certify that the foregoing Resolution No. 2026-31, was duly adopted by the City Council of the City of Banning, California, at a special meeting thereof held on the 28th day of January, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning
70 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 PROJECT: EA 20-1506, GPA 20-2501, ZC 20-3502, SP 20-2002, TPM 38118 SUBJECT: Conditions of Approval (City Council Resolution 2026-29 and -31) APPLICANT: NP Banning Industrial LLC
LOCATION: TM 38118 (APNs West of Sunset Avenue (Assessor’s Parcel Numbers (APNs): 537-110- 003 Through -005, 537-110-011 Through -014, 537-120-013, 537-120-025, And 537-120- 028 Through -036)

EXHIBIT A
To City Council Resolution 2026-29 and -31
*All fair share agreements, covenant agreements and agreements subject to recordation will be subject to review and approval by the City Attorney and will include appropriate enforcement provisions by the City and be properly securitized.

Community Development Department

1. The construction and operation of the Sunset Crossroads Specific Plan Project (“Project”) shall always comply with all federal, state, County and City laws, codes, regulations, and standards, including those that relate to hazardous materials.

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

3. Approval of these entitlements shall not waive compliance with any sections of the CA Government Code, Banning Municipal Code (BMC), or other applicable City ordinances, in effect at the time of building permit issuance.
71 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

4. A copy of the signed Resolution of approval and these conditions of approval imposed on the Sunset Crossroads development project and TPM 38118 shall be reproduced in legible form on the improvement plans submitted for review and approval as required by the reviewing department.

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

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

7. The Applicant shall complete any/all improvements to the site contained in the Subdivision Improvement Agreement for TM 38118.

8. The Applicant shall be responsible for completion of all Performance and Labor and Material Bonds under the approval for TM 38118.

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

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

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

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

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

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

13.MM BIO-1 Construction Guidelines. Construction activities will follow the Construction Guidelines found in Volume 1, Section 7.5.3 of the MSHCP.

14.MM BIO-2 Equipment Staging. Equipment and vehicle storage, fueling, and material staging and storage will be in previously paved or previously disturbed, upland areas with no risk of direct drainage into riparian/riverine areas or other sensitive habitats. Necessary precautions shall be taken to prevent the release of cement or other toxic substances into riparian/riverine areas.

Development Project related spills of hazardous materials shall be reported to appropriate entities and shall be cleaned up immediately with contaminated soils removed to approved disposal areas.

15.MM BIO-3 Worker Environmental Awareness Program (WEAP). A qualified biologist will present to each Development Site employee a worker environmental awareness training prior to the 72 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 initiation of work. They will be advised of the riparian/riverine resources and any other sensitive environmental resources in the Development Project area, the steps to avoid impacts to such, and the potential penalties for violating those steps. At a minimum, the program will include the following topics: occurrence of the sensitive biological resources in the Development Project area and their general ecology, sensitivity of such to human activities, legal protection afforded these species, penalties for violations, reporting requirements, and Development Project features designed to reduce the impact area. A sign-in sheet will be utilized to identify all workers that have completed the WEAP training. If additional employees are added to the Development Project after the initiation, they will receive instruction prior to working on the Development Project. They will also need to sign the sign-in sheet to provide proof of completion. For some projects with numerous contractors entering the project at different stages of the project, the WEAP training can be videotaped and shown to additional workers rather than completing the training in person.

16.MM BIO-4 Materials and Spoils Control. Development Project materials will not be cast from the Development Site, and Development Project related debris, spoils, and trash will be contained daily and removed to a proper disposal facility.

17.MM BIO-5 Vehicle Washing. It will be required in the Development Project specification that the contractor will wash equipment prior to entering the vicinity of areas to be conserved. This will reduce the potential for introduction of non-native plant, animal, viral, or bacterial species to the areas that will otherwise be undisturbed. All vehicles shall be washed at a distance that would remove the likelihood of run-off from entering any adjacent riverine/riparian areas.

18.MM BIO-6 MSHCP Best Management Practices (BMPs). Development Project activities will be in compliance with BMPs, as applicable, detailed in MSHCP Volume 1, Section 7.5.3, and Appendix C of the MSHCP. The Project Determination of Biologically Equivalent or Superior Preservation (DBESP) would provide regulations consistent with the MSHCP BMPs, and the Development Project shall comply with all DBESP regulations.

19.MM BIO-7 Burrowing Owl Impacts. To avoid direct and indirect impacts to burrowing owl, a preconstruction survey shall be conducted in areas to be disturbed by a qualified biologist within 30 days prior to ground disturbance at the Development Site and submitted to the City. If construction activities occur during the breeding season (February 1 through August 31) and burrowing owl is determined to be present within any portion of the study area during the pre-construction survey, consultation with the California Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFWS) shall take place, and no construction activity shall take place within a 300-foot buffer zone. This buffer area may be reduced at the discretion of the biological monitor in consultation with CDFW and/or USFWS, until it has been determined that the nest/burrow is no longer active and all juveniles have fledged the nest/burrow.

To avoid active nests, no grading or heavy equipment activity shall take place in the buffer zone during the breeding season (February 1 through August 31). If construction activities cannot avoid the nesting season and an occupied burrow is identified in a proposed development area, the burrows shall be avoided or the owls passively relocated. A Burrowing Owl Protection and Relocation Plan will be required and is included under MM BIO-8.

20.MM BIO-8 Burrowing Owl Protection and Relocation Plan. Within 90 days of the commencement of grading, a Burrowing Owl Protection and Relocation Plan would be drafted and reviewed by CDFW to ensure MSHCP guidelines for protection and/or relocation are followed. As part of that plan, one-way doors shall be installed as part of a passive relocation program.

Burrowing owl burrows shall be hand-excavated by a qualified biologist when determined to be 73 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 unoccupied and backfilled to ensure animals do not re-enter. Disturbance to active burrows shall be minimized to the extent feasible.

If three or more pairs of burrowing owl are identified, MSHCP guidelines require additional conservation land be set aside to off-set the significant impacts to burrowing owl in a project site outside of a cell criteria area. In all scenarios, including the detection of additional burrowing owls, mitigation and equivalency will be achieved through the Development Project following all MSHCP guidelines and the direction of the Environmental Programs Department, Western Riverside County Regional Conservation Authority, and/or the Wildlife Agencies.

21.MM BIO-9 Los Angeles Pocket Mouse. Prior to commencement of grading, nighttime trapping surveys will occur in areas within the known habitat and other areas providing the key constituent habitat elements based on historical surveys and those conducted for the Development Project, in riparian areas (the three identified drainage features) and adjacent upland habitat that will be permanently impacted by the Development Project. An exclusion fence will be installed along the perimeter of the construction footprint associated with the drainage crossings. Trapping and relocation of LAPM shall be performed immediately prior to grading or other construction on the Development Site within areas known to be occupied by LAPM within the existing drainage features and/or uplands. Where new roads cross the riparian corridors, undercrossings suitable for safe passage of wildlife will be constructed. The exclusion fencing will be monitored through construction activities within suitable habitat to ensure animals do not return.

Restoration of a total of 3.21 acres of Development Site riparian habitat may bring project related impacts to a level that allows for 90 percent conservation of suitable habitat within the Development Site. Mitigation and equivalency may be achieved through the conservation of 7.92 of 8.99 acres of riparian/riverine lands on the Development Site as well as a surrounding buffer of approximately

32.58 acres, including the use of a deed restriction and/or conservation easement (see MM BIO15 below). As part of the restoration effort, all non-native invasive species, such as tamarisk, arundo, and pampas grass, will be removed prior to any seeding or planting of native species.

22.MM BIO-10 Prior to issuance of construction permits, a conservation easement will be applied to upland conservation areas adjacent to drainages. During construction and operation, light pollution into the conservation areas will be reduced by shielding light sources and aiming them only into active construction areas during construction, and focused on parking, and commercial areas during operation where lighting is needed. If unforeseen circumstances were to arise that required hazard reduction within an area considered environmentally sensitive or a part of the MSHCP Conservation Area, such as lands proposed for conservation on the Development Site, it would require approval from the appropriate agencies prior to any vegetation management activities.

These could include, but are not limited to, the Western Riverside County Regional Conservation Authority (WRCRCA), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), United States Fish and Wildlife Service (USFWS), and the United States Army Corps of Engineers (USACE).

23.MM BIO-11 Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation. Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

24.MM BIO-12 During construction, upland conservation areas will be fenced to prevent personnel and construction equipment from entering the conservation areas. Standard construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas. 74 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

25.MM BIO-13 Mitigation for impacts to Riparian/Riverine areas covered under the MSHCP would be achieved by conserving all remaining riparian/riverine lands on the Project Site (7.92 of 8.99- acres) as well as a surrounding buffer of approximately 32.58-acres. These areas will be preserved in perpetuity through the use of a deed restriction and/or conservation easement as further described in MM BIO-15. To mitigate for Project impacts to 1.07-acre of riparian/riverine, a minimum of 3.21-acres of Project Site riparian habitat will be enhanced and restored (a 3:1 ratio for permanent impacts), with riparian habitat spread throughout all three features within the Project Site, for compliance with the requirements of the MSHCP. Non-native invasive species will be removed (enhancement) and native riparian species will be planted (restored) which will increase the function and value of the currently disturbed drainage features following mitigation. In the event that land on the Project Site cannot be conserved, then the applicant shall either (1) contribute land at a 3:1 ratio containing similar habitat and jurisdictional areas to the Reserve Assembly; or (2) make a fee payment to a mitigation bank pursuant to an in-lieu fee program at a 3:1 mitigation ratio.

26.MM BIO-14 If habitat mitigation on the Project Site or at land contributed by the applicant is the selected means of mitigation, then as part of the restoration effort, a Habitat Restoration and Monitoring Plan (HRMP) will be prepared by a qualified restoration consultant and will be reviewed and approved by the City prior to commencement of construction activities on the Project Site. The exact location of the proposed riparian restoration areas (whether on-site or off-site) will be provided to the City for review and approval. If off-site mitigation areas are selected, the applicant shall have control of the mitigation area prior to commencement of construction. However the offsite mitigation option is not anticipated at this time.

The HRMP shall provide a plan for removal of non-native invasive species (enhancement) and planting of native riparian species (restoration) which will increase the function and value of the currently disturbed drainage features following mitigation and will be designed to assure that installation of the proposed mitigation will result in an outcome that would be biologically equivalent or superior to an avoidance measure. The HRMP will include species information, success criteria and mapped location(s) for the proposed on-site riparian/riverine mitigation, and a habitat viability analysis for the proposed new areas of riparian vegetation and will also include:
• Removal of non-native invasive species, such as tamarisk (Tamarix aphylla), giant reed (Arundo donax), and castor bean (Ricinus communis);
• Removal of trash and debris associated with human disturbance will be removed. • Planting of boxed riparian trees, container plantings, and hand broadcasting, with Riparian/Riverine species to be planted to match the existing riparian/riverine trees and include plant species such as Fremont cottonwood (Populus fremontii), Goodding’s black willow, arroyo willow (Salix lasiolepis), and/or mule fat and, along the upland benches, planting of more upland species such as scale broom (Lepidospartum squamatum), California buckwheat (Eriogonum fasciculatum), California sagebrush (Artemisia californica), brittlebush (Encelia californica), pinebush (Ericameria pinifolia), and deerweed (Lotus scoparius).
• Planting of plants with mycorrhizal fungi and root hormone to increase survivability.

Following the installation of the plant material, mulch will be used at boxed trees and container plants for additional moisture and protection. • Maintenance and monitoring for 5-years following the installation, to include:
75 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 ○ Irrigation for the first three years, if feasible.
○ If instigated, removal of irrigation after year three to allow the plants to acclimate to existing climatic conditions during the last two years of monitoring, to ensure that the vegetation has long-term survivability.
○ Monitoring by a qualified biologist quarterly for the first year, then annually for years two through five.
○ A qualitative assessment will be completed by the qualified biologist and reported to the Wildlife Agencies, and will include Project Site specific photo locations and an aerial photograph (with drone) documenting vegetation progress. ○ To determine if the restoration has been successful, minimum success criteria at the end of five years will be specified in the HRMP. If the minimum success criteria is not achieved, then the applicant shall be responsible for taking the appropriate corrective measures, as determined by a qualified restoration ecologist. Correction actions will continue until the success criteria have been met.
• A Weed Management Plan prepared by a qualified biologist and approved by CDFW will be prepared prior to commencing of grading on the Project Site setting forth best management practices (BMPs) to reduce the amount of non-native weedy species introduced into the Project during construction activities. The plan will focus on specific BMPs that will be used to reduce the risk of spreading non-native invasive seeds within the Project during construction, to include, but not limited to annual monitoring of sprouting vegetation in early spring, removing non-native invasive species, and utilizing water-wise native landscaping in the surrounding development areas. The purpose of the Weed Management Plan is to substantially reduce the potential for weeds to grow on-site and then monitor the Project Site and implement BMP so that weeds that do occur on-site can be removed before they go to seed.

27.MM BIO-15 A third-party conservation organization will be chosen to monitor and maintain all portions of the Development Site within the designated conservation area, as outlined in a conservation easement covering the drainage features and adjacent upland buffer zones adjacent to drainages. The conservation easement should be in place prior to or immediately following regulatory agency permits being issued. Additionally, any additional off-site land acquired for project mitigation, if any, will be incorporated into the managed land, with approval from relevant agencies such as the Western Riverside County Regional Conservation Authority, California Department of Fish and Wildlife, Regional Water Quality Control Board, and United States Fish and Wildlife Service. Although a designated organization has not been chosen, one will be selected and approved by the City before the project's implementation.

28.MM BIO-16 Sediment Transport and Scour Analysis: The Project proposes to construct concretelined box culverts at two drainage crossings on the Project Site. To avoid significant changes to downstream sediment transport and deposition, floodplain modification, and potential streambed aggradation or incision above and below each of the proposed stream crossings consistent with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), the applicant shall prepare and submit a sediment transport and scour analysis to the City and Western Riverside County Regional Conservation Authority for review and approval prior to construction of any drainage crossing on the Project Site. The sediment transport and scour analysis shall identify and 76 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 compare pre- and post-crossing development of sediment transport and deposition, floodplain modification, and potential streambed aggradation and incision above or below each proposed drainage crossing to confirm that the Project would not have significant impacts on the CVMSHCP conservation sediment transport system strategy. It is anticipated based on the results of the sediment deposition analysis performed by Albert A. Webb and Associates for the City of Banning’s Sun Lakes Boulevard Extension Project, which adjoins the Project Site and crosses the same drainages that the concrete-lined box culvert in the referenced drainages, would have nearly no sediment deposition. However, if the results of the Project specific sediment transport and scour analysis determine that the proposed concrete-lined box culvert option would have a significant impact on the sedimentation transport system, the applicant shall either mitigate the impacts of the design to have a less than significant impact or will consider other methods of on-site drainage crossing.

29.MM CUL-1 The applicant shall retain a qualified professional archaeological monitor who meets U.S. Secretary of the Interior (SOI) Standards. The monitor shall be present during all grounddisturbing activities to identify any known or suspected archaeological and/or cultural resources.

The monitor will conduct an Archaeological Sensitivity Training “Sensitivity Workshop,” in conjunction with the Consulting Tribe(s)’s Tribal Historic Preservation Officer (THPO). The training session will focus on the archaeological and tribal cultural resources that may be encountered during earthmoving activities and the procedures to be followed in such an event.

30.MM CUL-2 The qualified archaeologist shall develop an Archaeological Monitoring and Treatment Plan to address the details, timing, and responsibility of all archaeological and cultural resource activities that occur on the Development Site, in coordination with the Consulting Tribe(s).

31.MM CUL-3 Prior to the issuance of grading permits, the applicant shall enter into a Native American monitoring agreement with one of the Consulting Tribes for the Development Project.

The Native American Monitor shall be on site during all initial ground-disturbing activities, including clearing, grubbing, vegetation removal, grading, and trenching, within native soils. The Native American Monitor shall have the authority to temporarily divert, redirect, or halt the grounddisturbing activities in accordance with MM CUL-5 to allow identification, evaluation, and potential recovery of cultural resources. The applicant shall meet and confer with the Tribe on the consideration of a “Sensitivity Workshop” training on possible things that could come up in case a Native American Monitor is not on site to monitor at certain times.

32.MM CUL-4 In the event of discovery of human remains during grading or other ground disturbance, work in the immediate vicinity (within a 100-foot buffer of the discovery) shall cease and the applicant shall comply with State Health and Safety Code Section§ 7050.5 and Public Resources Code (PRC) Section§ 5097.98. In the event human remains are found and identified as Native American, the applicant shall also notify the City Planning Department so that the City can ensure PRC Section§ 5097.98 is followed.

33.MM CUL-5 In the event that archaeological or tribal cultural resources are unearthed during ground-disturbing activities, ground-disturbing activities shall stop (within a 100-foot buffer of the discovery) or shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist. A treatment plan shall be developed by a qualified archaeologist (meeting SOI standards) in consultation with the Tribe and the City Planning Department to include relinquishment of all artifacts through one of the following methods:
• A fully executed reburial agreement with the appropriate culturally affiliated Native American tribe or band. This reburial area should be away from any future impacts. Reburial shall not 77 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 occur until all cataloguing, analysis, and any necessary special studies have been completed on the cultural resources. Details of contents and location of the reburial shall be documented in a final report.
• Curation at a Riverside County Curation facility that meets federal standards per 36 CFR Part 79 and therefore will be professionally curated and made available to other archaeologists/researchers and tribal members for further study. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence shall be provided in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid.

34.MM CUL-6 Any and all cultural documents created as a part of the Development Project (Archaeological Monitoring and Treatment Plans, isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to the Consulting Tribe.

35.MM GEO-1 Paleontological Resources Monitoring. All mass grading, excavation, drilling, and trenching activities within the old alluvial fan deposits (“Qof”), which underlie the majority of the Development Site, starting at the surface shall be monitored full-time by a qualified paleontological monitor for paleontological resources. Prior to initiation of any grading, drilling, and/or excavation activities, a pre-construction meeting shall be held and attended by the paleontologist of record, the grading contractor and subcontractors, the Development Site applicant, and a representative of the lead agency. The nature of potential paleontological resources shall be discussed, as well as the protocol that is to be implemented following discovery of any fossiliferous materials.

For earthmoving within young alluvial fan deposits (“Qyf”) and young alluvial valley deposits (“Qya”) mapped at the Development Site, periodic “spot check” monitoring shall be conducted, consisting of approximately one to three scheduled site visits per week by a qualified paleontological monitor during construction ground disturbance. If fossils are discovered, full-time monitoring for paleontological resources shall be warranted.

In the field, the primary monitor or the monitors under the direction and supervision of the sitespecific paleontologist shall be the responsible persons on site with the assigned authority and responsibility to control all grading operations that might adversely affect any salvage efforts.

Isolated fossils will be collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes will be taken on the map location and stratigraphy of the site, which will be photographed before it is vacated and the fossils are removed to a safe place.

All paleontological monitors shall immediately notify all concerned parties (client and lead agency [i.e., the City of Banning]) at the time of any discovery. The City of Banning shall ensure that the recommendations from the qualified, professional paleontologist shall be followed by the Applicant/Developer.

Within 90 days of final paleontological monitoring, a final monitoring and mitigation report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the Project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. 78 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

36.MM HYD-1 Prior to the issuance of a grading permit(s) for roadway work in or adjacent to the proposed Lincoln Street creek crossings, the Applicant shall submit a sediment transport and scour analysis to the City of Banning and Western Riverside County Regional Conservation Authority for review and approval. As appropriate, the submittal may include equivalent detail on alternative proposals for the proposed creek crossings. The sediment transport and scour analysis shall identify pre-project conditions associated with channel morphology, hydrologic flow patterns, existing sedimentation and scouring, sediment size, and depth at each crossing. These same attributes will be analyzed based on post-project conditions to determine if there are any substantial changes to the existing conditions. The purpose of the sediment transport and scour analysis is to compare the functions and values of the drainage features in the pre- and post-project conditions and to ensure that following construction of the Lincoln Street crossings, the functions and values of the drainages with respect to downstream sedimentation are consistent with the long-term preservation of sand dune and sand sheet habitat within the Coachella Valley under the CVMSHCP. It is anticipated based on the results of the sediment deposition analysis performed by Albert A. Webb and Associates for the City of Banning’s Sun Lakes Boulevard Extension Project, which adjoins the Project Site and crosses the same drainages that the concrete-lined box culvert in the referenced drainages, would have nearly no sediment deposition. However, if the results of the Project specific sediment transport and scour analysis determine that the proposed concrete-lined box culvert option would have a significant impact on the sedimentation transport system, the applicant shall either mitigate the impacts of the design to have a less than significant impact or will consider other methods of on-site drainage crossing.

37.MM HYD-2 Prior to City of Banning’s approval of roadway improvement plans for Lincoln Street, including the proposed Lincoln Street crossings, the Applicant shall submit evidence to the City that the Lincoln Street crossings of Pershing and Smith Creeks have been designed to avoid impacts to or, if impacted, to maintain the development transport capacity identified in the approved sediment transport and scour analysis required under Mitigation Measure HYD-1.

The following mitigation measures are also identified as Cultural Resource Conditions in the Development Project’s Cultural Resources Assessment (CRA) and are considered standard project procedures to be conducted if a cultural resource is encountered during construction to reduce potential impacts to undiscovered archaeological resources:

38.MM CUL-1CRA The applicant shall retain a qualified professional archaeological monitor who meets U.S. Secretary of the Interior (SOI) Standards. The monitor shall be present during all ground-disturbing activities to identify any known or suspected archaeological and/or cultural resources. The monitor will conduct an Archaeological Sensitivity Training “Sensitivity Workshop,” in conjunction with the Consulting Tribe(s)’s Tribal Historic Preservation Officer (THPO). The training session will focus on the archaeological and tribal cultural resources that may be encountered during earthmoving activities and the procedures to be followed in such an event.

39.MM CUL-2CRA The qualified archaeologist shall develop an Archaeological Monitoring and Treatment Plan to address the details, timing, and responsibility of all archaeological and cultural resource activities that occur on the Development Site, in coordination with the Consulting Tribe(s).

40.MM CUL-3CRA Prior to the issuance of grading permits, the applicant shall enter into a Native American monitoring agreement with one of the Consulting Tribes for the Development Project.

The Native American Monitor shall be on site during all initial ground-disturbing activities, including clearing, grubbing, vegetation removal, grading, and trenching, within native soils. The Native American Monitor shall have the authority to temporarily divert, redirect, or halt the ground79 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 disturbing activities to allow identification, evaluation, and potential recovery of cultural resources.

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

41.MM CUL-4CRA In the event of discovery of human remains during grading or other ground disturbance, work in the immediate vicinity (within a 100-foot buffer of the discovery) shall cease and the applicant shall comply with State Health and Safety Code Section§ 7050.5 and Public Resources Code (PRC) Section§ 5097.98. In the event human remains are found and identified as Native American, the applicant shall also notify the City Planning Department so that the City can ensure PRC Section§ 5097.98 is followed.

42.MM CUL-5CRA In the event that archaeological or tribal cultural resources are unearthed during ground-disturbing activities, ground-disturbing activities shall stop (within a 100-foot buffer of the discovery) or shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist. A treatment plan shall be developed by a qualified archaeologist (meeting SOI standards) in consultation with the Tribe and the City Planning Department to include relinquishment of all artifacts through one of the following methods:
• A fully executed reburial agreement with the appropriate culturally affiliated Native American tribe or band. This reburial area should be away from any future impacts. Reburial shall not occur until all cataloguing, analysis, and any necessary special studies have been completed on the cultural resources. Details of contents and location of the reburial shall be documented in a final report.
• Curation at a Riverside County Curation facility that meets federal standards per 36 CFR Part 79 and therefore will be professionally curated and made available to other archaeologists/researchers and tribal members for further study. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence shall be provided in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid.

43.MM CUL-6CRA Any and all cultural documents created as a part of the Development Project (Archaeological Monitoring and Treatment Plans, isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to the Consulting Tribe.

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

44.MM AIR-1 The following multi-part mitigation measure shall be implemented during Project construction:
• Plans submitted for grading permit issuance and building permit issuance shall specify a designated area of the construction site where electric or non-diesel vehicles, equipment, and tools can be fueled or charged. The provision of temporary electric infrastructure for such purpose shall be approved by the utility provider, Banning Electric Utility (BEU). If BEU does not approve the installation of temporary power for this purpose, the establishment of a temporary electric charging area will not be required. If electric equipment will not be used on the construction site because 80 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 the construction contractor(s) does not have such equipment in its fleet (as specified in this Mitigation Measure below), the establishment of a temporary electric charging area also will not be required. If the contractor(s) equipment fleet includes this equipment and BEU approval is secured, the temporary charging location shall be established upon issuance of grading permits and building permits.
• If electric or non-diesel off-road trucks and construction support equipment, including but not limited to hand tools, forklifts, aerial lifts, materials lifts, hoists, pressure washers, plate compactors, and air compressors are available in the construction contractor’s equipment fleet and can fulfill the construction requirements during the building, construction, paving, and architectural coating phases of Project construction, such equipment shall be used during on-site construction.

This requirement shall be noted on plans submitted for building permit issuance. • If electric or non-diesel off-road truck and construction support equipment are not available then the Project contractor shall ensure all 50 horsepower or more off-road diesel-powered construction equipment is powered with California Air Resources Board (CARB) certified Tier 4 Final engines or the equivalent.
• Construction contractors shall maintain records of all off-road diesel construction equipment associated with on-site construction to document that each off-road diesel construction equipment used meets required emission standards. Records shall be kept on-site for the duration of construction activities and shall be made available for periodic inspection by City staff or their designee.
• During construction activities, the City shall conduct periodic inspections to verify compliance with construction-related mitigation measures pursuant to the Mitigation Monitoring and Reporting Program.
• During construction of the proposed Development Project, the Project contractor shall only use interior paints with low volatile organic compound (VOC) content with a maximum concentration of 30 grams per liter (g/L) for residential building architectural coating to reduce VOC emissions. All building and site plans shall note use of paints with a low VOC content with a maximum concentration of 30 g/L verified.
• The City of Banning shall verify these requirements have been incorporated into construction plans prior to issuance of any construction permits and during architectural coating activities.

45.MM AIR-2 The following multi-part mitigation measure shall be implemented during Project operation:
• Implement mitigation measures MM GHG-4, MM GHG-5, MM GHG-6, and GHG-7. • All facility-owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds accessing the site shall meet or exceed 2010 model-year emissions equivalent engine standards as currently defined in California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025. Facility operators shall maintain records on site demonstrating compliance with this requirement and shall make records available for inspection by the City of Banning, SCAQMD, and State upon request. • All on-site cargo handling equipment including yard trucks, hostlers, yard goats, pallet jacks, forklifts, and other on-site equipment shall be electric with the necessary electrical plug-in 81 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 charging included in the design of the Development Project electrical system, buildings, and equipment storage and parking areas.
• Tenant lease agreements for the Development Project shall include contractual language restricting trucks and support equipment from nonessential idling longer than 3 minutes while on site. The idling restriction will be presented on signs at the entrance to the industrial portions of the Development Project as well as at loading docks and truck parking areas. • All facility operators shall train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of trucks. • Interior- and exterior-facing signs, including signs directed at all dock and delivery areas, shall be provided identifying idling restrictions and contact information to report violations to CARB, the air district, and the building manager.
• At buildout of the industrial land uses a minimum of 50 Class 8 electric vehicle (EV) truck chargers shall be installed at the tractor trailer parking spaces in logical locations to facilitate electric truck charging. These chargers shall have the power rating sufficient to charge a Class 8 truck battery.
• For the warehouse/industrial portions of the Development Project, the buildings’ electrical room shall be sufficiently sized to hold additional panels that may be needed to supply power for installation of electric charging systems for electric trucks and power transport refrigeration units (TRUs). Conduit shall be installed from the electrical room to all tractor trailer parking spaces in logical locations on site to facilitate future electric truck charging. • The Development Project shall include the higher value of either:
○ At least 350 Level 2 AC EV chargers; or
○ A percentage of total parking spaces with Level 2 AC EV chargers to comply with the minimum requirements of CCR, Title 24, Part 11: California Green Building Standards Code.
○ The provision of EV charges in each parking lot shall occur prior to the occupancy of uses for said lots.
• All truck/dock bays that serve cold storage facilities within the proposed buildings shall be electrified to facilitate plug-in capabilities and support use of electric standby and/or hybrid electric TRUs. A condition of approval shall be included for the cold storage facility that requires that by buildout at least 90 percent of trucks with TRUs are fully electric. • Prior to issuance of occupancy permits for the industrial/warehouse area, the Development Project operators employing 200 or more employees shall be required to establish and promote a rideshare program and prepare and submit a Transportation Demand Management Program detailing strategies that discourage single-occupancy vehicle trips by employees by increasing and providing financial incentives for alternate modes of transportation, including carpooling/vanpools, public transit, and biking. • Signs at every truck exit driveway shall be provided showing directional information to the t ruck route.
• Every tenant shall be required to train staff in charge of keeping vehicle records in diesel technologies and compliance with CARB regulations, by attending CARB-approved 82 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 courses. Facility operators shall also be required to maintain records on site demonstrating compliance and make records available for inspection by the City of Banning, SCAQMD, and State upon request.
• Tenants shall be required to enroll in the United States Environmental Protection Agency’s SmartWay program, and tenants shall be required to use carriers that are SmartWay carriers.
• Industrial and commercial buildings within the Development Project shall be all electric unless the land use requires natural gas (i.e., restaurants, bakeries, dental and medical laboratories).
• Tenants shall be provided with information on incentive programs, such as the Carl Moyer Program and Voucher Incentive Program, to upgrade their fleets.

46.RCM AQ-1 SCAQMD Rule 403. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventative measures by using the following procedures, in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403 during construction. The applicable Rule 403 measures are as follows:
• Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least twice daily (locations where grading is to occur shall be thoroughly watered prior to earthmoving).
• Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 2 feet (0.6 meter) of freeboard (vertical space between the top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code Section 23114. • Pave construction access roads at least 100 feet (30 meters) onto the site from the main road.
• Reduce traffic speeds on all unpaved roads to 15 mph or less.

47.RCM AQ-2 All trucks that are to haul excavated or graded material shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.

48.RCM AQ-3 Prior to approval of the Project plans and specifications, the City shall confirm that the construction bid packages specify:
• Contractors shall use high-volume low-pressure paint applicators with a minimum transfer efficiency of at least 50 percent;
• Coatings and solvents that will be utilized have a volatile organic compound content lower than required under SCAQMD Rule 1113; and
• To the extent feasible, construction/building materials shall be composed of pre-painted materials.

49.RCM AQ-4 The Project shall comply with SCAQMD Rule 402. Rule 402 prohibits the discharge of air contaminants or other material from any type of operations, which can cause nuisance or annoyance to any considerable number of people or to the public or which endangers the comfort or repose of any such persons, or the public.
83 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

50.the MM GHG-1 Provide separate recycling bins within each commercial/industrial building and provide large external recycling collection bins at central locations in the commercial and industrial land uses for collection truck pickup. Provide a commercial recycling/composting program that provides 70 percent diversion of waste for the commercial land uses. Provide an industrial recycling program that provides 80 percent diversion of waste for the industrial land uses.

51.MM GHG-2 Provide drought tolerant low-water landscaping and trees throughout the Development Site and use recycled (purple pipe) irrigation water with drip irrigation and weather based smart irrigation controllers.

52.MM GHG-3 Prior to the issuance of building permits, the Project Applicant or successor in interest shall provide documentation to the City of Banning demonstrating that the Project is designed to achieve energy efficient buildings exceeding Title 24 standards with the following design criteria:
• Building envelops insulation of conditioned space within all commercial and industrial buildings shall be R15 or greater for walls and R30 or greater for attics/roofs. • Windows of commercial and industrial buildings shall have an insulation factor of 0.28 or less U-factor and 0.22 or less SHGC.
• All roofing material for commercial buildings shall be CRRC Rated 0.15 aged solar reflectance or greater and 0.75 thermal emittance.
• All heating/cooling ducting within the commercial and industrial buildings shall be insulated with R6 or greater insulation.
• All heating and cooling equipment shall be ERR 14/78 percent AFUE, or 7.7 HSPF levels of efficiency or greater.
• All water heaters in the commercial and industrial buildings shall be high efficiency electric water heaters with a minimum 0.72 Energy Factor or greater. • Lighting within the commercial and industrial buildings shall be high efficiency LED lighting with a minimum of 40 lumens/watt for 15 watt or less fixtures, 50 lumens/watt for 15–40- watt fixtures, and 60 lumens/watt for fixtures greater than 40 watts. • Building roofs shall be in compliance with solar requirements of the California Building Code Title 24 standards.

53.MM GHG-4 All appliances within the commercial and industrial land uses shall be energy star rated appliances.

54.MM GHG-5 All water fixtures shall be water efficient (toilets/urinals [1.5 GPM or less], showerheads [2.0 GPM or less], and faucets [1.28 GMM or less]).

55.MM GHG-6 All landscape equipment used to maintain the landscaping within the Development Project shall be electric.

56.MM GHG-7 Prior to issuance of building permits, the Project shall provide documentation to the City as part of the plan check process, demonstrating that the Project will implement the measures specified in Table 4.8.K which were obtained from the Riverside County Greenhouse Gas Emissions Screening Tables. The Project may also achieve equivalent emission reductions from other measures approved by the City. Implementing these mitigation measures shall be verified by the City prior to the issuance of final Certificate of Occupancy.

57.MM NOI-1 The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.
84 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 During grading, site work, paving and utility construction, the construction contractor shall install a minimum 10 ft high temporary construction barrier along the eastern construction boundary to shield residences along Sunset Avenue between Lincoln Street and Westward Avenue, along the southern construction boundary to shield residences along Bobcat Road, and along the eastern construction boundary to shield the school located at the southeast corner of Sunset Avenue and Westward Avenue when project construction activities are within 100 ft from the nearest residential structure to that activity. The temporary construction barrier may be any material that has a minimum Sound Transmission Class (STC) rating of 28. For off-site construction, including for construction of the roadway and utilities, on Sunset Avenue, the City will determine whether the noise barrier can be constructed on City right of way without impacting roadway access and the construction contractor shall install such barrier on City-owned property provided that such roadway access can be maintained during construction.

During all Development Site excavation and grading, the Development Project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards.

The construction contractor shall locate equipment staging in areas that will create the greatest feasible distance between construction-related noise sources and noise-sensitive receptors nearest the Development Site during all project construction.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

58.MM TRA-1: Prior to issuance of occupancy permits, the project applicant shall prepare a Transportation Demand Management (TDM) strategy report (as discussed in the Sunset Crossroads Vehicle Miles Traveled (VMT) Analysis) for review and approval by the City Traffic/Transportation Manager, Transportation Demand Management (TDM) strategies have been incorporated into the project design including commute trip reduction marketing, rideshare program, and end-of-trip bicycle facilities.

Building Department

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

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

The applicant will receive an application number at the time plans are submitted for Building & Safety’s plan review. This number is needed to obtain information regarding your project:
(7) Precise Grading Plans
(7) Plot/Site Plans
(7) Site Disabled Access Plan
(7) Architectural Plans
(7) Structural Plans
(7) Electrical Plans
(7) Electrical Load Calculations
85 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 (7) Plumbing Plans/Isometrics
(7) Mechanical Plans
(2) Structural Calculations
(2) Roof and Floor Truss Calculations
(2) Title 24 Energy Calculations
(2) Geology Report
(2) Soils Report
(2) Condition of Approval Packages
(3) Temporary Fence Plan

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

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

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

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

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

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

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

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

69.A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans. Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.
86 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

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

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

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

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

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

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

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

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

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

78.Demolition of any onsite structures requires the following information or action. a. Submit copies of the property title at permit submittal. b. Provide copy of the hazardous materials survey (asbestos and lead) for each structure. c. Contact the City of Banning Building & Safety Department for current abatement and documentation requirements prior to performing demolition.

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

80.All dead and removed trees and foliage is to be properly removed from the site. 87 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

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

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

83.Plan review application approval is valid for a period of 180 days after application date (plan check submittal date)- if the permit is not obtained within that time period the approval expires and becomes null and void. The Building Official may extend the time for action by the applicant for a period of 90 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration the applicant shall resubmit plans and pay a new plan review fee. 88 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 Electric Utility

84.The Developer will be responsible for the cost of all electric distribution facilities and related infrastructure needed to serve the development’s project. The Developer may be required to execute one or more line extension agreements with the City of Banning Electric Utility (“Utility”) providing for the installation, construction, improvement, and dedication of the utility system following approval of Tentative Parcel Map.

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

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

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

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

89.The Developer is responsible for all electrical utility costs that are directly related to the proposed development for the annexation area.

90.Issuance of temporary power will be provided in accordance with Utility requirements and as outlined in Mitigation and Monitoring Report Program for the Sunset Crossroads Project (MMRP) section MM-AIR-1.

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

92.The Utility will require an area up to two (2) acres for a new 34.5kV/12.47kV step-down power transformation substation located at the northerly terminus of Highland Home Road, approximately 500-feet from the SPRR Right-of-Way (R/W), which is currently identified as Parcel 32 within Tentative Parcel Map 38118. The new substation will accommodate the additional loads required by this project. The Developer shall adhere to all responsibilities required for the construction of the electrical substation in accordance with the requirements of the Development Agreement. 89 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

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

94.Prior to constructing the Utility’s electric distribution system, the developer shall submit a detailed engineering plan showing design, location and schematics for the utility system to be approved by the Utility. It will also be required that the developer follow the Electric Utility Maps & Records requirements. This will allow the utility to assist with the review of distribution plans completed by the Developer and provide a cost estimate(s) to service the project. Design conditions and requirements to serve the project with electricity shall be discussed and reviewed following approval of the Parcel Map.

95.The Utility will require adequate easements needed to serve the project. An easement is described as an area behind sidewalk and outside of the boundaries of the right-of-way (R/W). Easements will be required for vaults, conduits, streetlights and pad mounted transformers and switches and any other electric distribution equipment outside of the R/W. Adequate easements will be required to serve all parcels of this project. These easements shall be offered for dedication to the City of Banning for public utility purposes. A non-exclusive easement shall be provided to the City of Banning to include the installation of electric distribution facilities within all common areas.

96.All final electric plan sets shall include the mitigation measures as provided in MMRP section RCMAIR-4 regarding SCAQMD Rule 402.

97.All final electric plan sets shall include the mitigation measures as provided in MMRP section RCM ENG-1 regarding compliance with Title 13 Section 2449 of the California Code of Regulations and the California Green Building Standard.

98.All final electric plan sets shall include the mitigation measures as provided in MMRP section MM NOI-1 regarding noise and hours of work.

99.Prior to the issuance of a building permit, electric utility infrastructure (conduits, vaults, etc.) must be completed as well as any temporary or permanent electric infrastructure to supply power to each parcel as constructed. The developer will be required to submit load calculations and execute one or more Electric Service Agreements for each building or parcel. 100. All plans for electric vehicle charging station infrastructure and distributed energy resources must be discussed with the Utility for review and approval. 101. Applicant shall provide GIS shape files for all potable water lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Fire Department
102. Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B or other approved method. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a 90 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow. Reference CFC 507.3.
103. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA

24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the Fire Department. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4” x 2 ½” x 2 ½” (super hydrant). Reference CFC 507.5, CFC Appendix C and NFPA 24 7.2.3.
104. Fire Department Access - The minimum required turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet inside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. Reference CFC 503.1.1, 503.2.1 as amended by the County of Riverside and Riverside County Office of the Fire Marshal Technical Policy #TP22-002.
105. Fire Department Building Construction Permit Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC 105.1.
106. Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC 903.2 as amended by the County of Riverside.
107. Fire Alarm and Detection System - A water flow monitoring system and/or fire alarm system may be required as determined at time of building construction plan review. Reference CFC 903.4 and CFC 907.2.
108. Traffic Calming Devices - Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal.

Reference CFC 503.4.1.
109. Dock loading shall not impede fire department access lanes. 110. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1.
111. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01.
91 99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 112. Fire Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01.

Public Works Department
Please see attached Public Works Conditions beginning on next page 92 City of Banning - Public Works Department
Conditions of Approval
General Conditions
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COA # Condition of Approval Completion
Milestone Status
PW.General.01
The subject property shall substantially conform to the approved Sunset Crossroads Specific Plan (SP20-2002), General Plan Amendment (GPA20- 2501), Zone Change (ZC20-3502), Environmental Impact Report and Mitigation and Monitoring Reporting Program (ENV20-1506), Tentative Parcel Map 38118, and Sunset Crossroads Development Agreement. The City Engineer may approve minor design modifications to the project plans during the plan check process, if such modifications conform to the provisions of the Banning Municipal Code. Substantial changes shall not be permitted except upon application for, and approval of modification of this entitlement in compliance with all applicable procedures and requirements. Where conflict between these Conditions of Approval and the governing documents listed above exist, the more strict provision shall prevail.

Informational
PW.General.02
Revisions to the approved Tentative Parcel Map 38118 during plan check process; including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes that are in substantial compliance with the Tentative Map, or associated Conditions of Approval, shall be administratively approved through the plan check process with the mutual consent and approval of the Developer, the Community Development Director, and the City Engineer. Changes that are not administratively approved, through the process referenced above and herein shall be amended in accordance with the Subdivision Map Act, as amended and codified within the Banning Municipal Code (BMC).

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

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

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

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
93 City of Banning - Public Works Department
Conditions of Approval
General Conditions
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COA # Condition of Approval Completion
Milestone Status
PW.General.06
Prior to any development within the unincorporated portions of the site, the unincorporated acres in the City’s sphere of influence must be formally annexed into the City. The Applicant shall submit proof to the City Engineer that the annexation has been processed and approved by LAFCO. No work may commence if annexation has not been completed.

Informational
PW.General.07
Prior to issuance of any permit, the Applicant shall submit a construction access plan and schedule for the development of all facilities for Community Development Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing.

Informational
PW.General.08
If a CFD is considered for this Parcel Map, prior to first COO, the applicant shall either demonstrate that the CFD has already been created or that a CFD application has been submitted and accepted as complete by the City of Banning Financial Services Division and shall include all maps, related Engineers report, and the required information (CFD boundary maintenance areas by location and type, etc.) to the satisfaction of the City Engineer.

Informational
PW.General.09
A Property Owners Association (POA), as approved by the Community Development Director and the City Engineer, shall be responsible for the maintenance of the public parkways, median island landscaping, slopes adjacent to public rights-of-way, debris basins, detention and retention basins, public parks, linear parks and trails, open space areas, BMP's referenced in the approved WQMP, private storm drains and private storm drain outfalls as required by the City Engineer. The maintenance mechanism shall be established prior to the recordation of the final map. In the event that the Applicant creates a Property Owners Association (POA), the Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Property Owners Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. A recorded copy shall be provided to the City Engineer. The Property Owners Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes.

Informational
PW.General.10
The conditions, covenants and restrictions shall contain provisions which prohibit dissolution of the Property Owners Association unless another entity has agreed to assume the operation and maintenance responsibilities of the Property Owners Association. The conditions, covenants and restrictions shall contain provisions that prohibit the Applicant and his/her successors-ininterest from amending said covenants, conditions and restrictions to conflict with these conditions of approval unless the subject property is reverted to acreage and the subdivision abandoned.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
94 City of Banning - Public Works Department
Conditions of Approval
General Conditions
3 of 80
COA # Condition of Approval Completion
Milestone Status
PW.General.11
The applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan, and improvement plans where applicable.

Informational
PW.General.12
Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to the Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act)
Informational
PW.General.13
All future utility systems including gas, electric, telephone, water, sewer, and cable TV, shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider. Telephone, cable TV, and/or security systems shall be prewired.

Informational
PW.General.14
Any existing public improvements, or public improvements not accepted by the City that are damaged during construction shall be removed and replaced as determined by the City Engineer or his/her representative.

Informational
PW.General.15
All weather vehicular access shall be maintained at all times to all parts of the proposed subdivision, where construction work is in progress, for emergency vehicles.

Informational
PW.General.16
All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Applicant.

Informational
PW.General.17
Prior to the release of surety and upon completion of construction, the Applicant shall furnish the City with reproducible record drawings on Mylar film of all improvement plans that were approved by the City Engineer. Each sheet shall be clearly marked "As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD files submitted to the City, revised to reflect the “As-Built” conditions.

Informational
PW.General.18
A Mitigation and Monitoring Reporting Program has been established for this project. All conditions in the MMRP shall be implemented with sign off and approvals by the milestones required in the MMRP.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
95 City of Banning - Public Works Department
Conditions of Approval
Improvement Plans, Maps,
Reports, Agreements and Certifications
4 of 80
Permit Type Plan Set Scale Notes
Grading Mass Grading Plan 1" = 100'
Rough Grading Plan 1" = 40'
Precise Grading Plan 1" = 20'
Borrow Pan 1" = 40'
Stockpile Plan 1" = 40'
Retaining Walls 1" = 40' May be included with any grading plan Haul Route 1" = 100' May be included with any grading plan Clearing Plan 1" = 100' May be included with any grading plan Demolition Plan 1" = 100' May be included with any grading plan Erosion and Sediment Control 1" = 40' Shall be included with any grading plan Encroachment Street Improvement Plan 1" = 40' Horiz/ 1" = 4' Vertical Signing and Striping Plan 1" = 40'
Traffic Signal Plan 1" = 40'
Traffic Control Plan 1" = 40'
Storm Drain Improvement Plan 1" = 40' Horiz/ 1" = 4' Vertical Channel Improvement Plan 1" = 40' Horiz/ 1" = 4' Vertical Potable Water Plan 1" = 40' Horiz/ 1" = 4' Vertical
Non Potable Water Plan 1" = 40' Horiz/ 1" = 4' Vertical Sewer Plan 1" = 40' Horiz/ 1" = 4' Vertical
Other Improvements TBD As pre-approved by City Engineer Final Maps Final Map 1" = 40'
Easement Dedications
All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.

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

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

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

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

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

Copy of ENG_PW DRAFT COA's - Sunset Crossroads
96 City of Banning - Public Works Department
Conditions of Approval
Improvement Plans, Maps,
Reports, Agreements and Certifications
5 of 80
Corner Records
Records of Survey
Technical Geotechnical Report
Studies Fault Hazard Report
Liquefaction Hazard Report
Dust Control and Prevention Plan (PM10)
Compaction Report
Hydrologic and Hydraulic Report
Flood Hazard Report

CLOMR/LOMR
Water Quality Management Plan (WQMP)
Traffic Impact Analysis
Water Supply Assessment
Sewer Capacity Study
Permits and Permission to Grade
Agreements Construction Agreements
BMP Agreement
Landscape Maintenance Agreement
Subdivision/Improvement Agreement
Performance Bonds
Labor and Material Bond
Maintenance Bond
Non-Interference Letter
Regional Water Quality Control Board Permits
USFWS/CDFW Permits
Certifications Grading Certifications
Pad Certifications
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
97 City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
6 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Map.01
The submittal, approval, and recordation of the Final Map shall be in accordance with the provisions of the State Subdivision Map Act and Title 16, Subdivisions, of the Banning Municipal Code.

Informational
PW.Map.02 Applicant may submit multiple final maps for phased construction activities. Informational PW.Map.03
The Final Map shall have adequate reservations for public ingress and egress as well as public and/or private utility easements and abandonment of existing utility easements to the satisfaction of the City Engineer. The applicant shall be responsible for contacting all utility providers to establish appropriate easements required to provide services to each development area.

Informational
PW.Map.04
The applicant shall file an Environmental Constraint Sheet. An Environmental Constraint Sheet means a duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed with the County Surveyor simultaneously with the final map and labeled ENVIRONMENTAL CONSTRAINT SHEET in the top margin. Applicable items will be shown under a heading labeled Environmental Constraints Notes. The Environmental Constraint Sheet shall contain the statement:

THE ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS MAP

SHEET IS FOR INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS OF

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

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

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

Informational
PW.Map.05
Prior to issuance of any permit(s), the applicant shall acquire or confer property rights necessary for the construction or proper functioning of the proposed project/development. Conferred rights may include right-of-way dedications, irrevocable offers to dedicate or grant of easements to the City for emergency services, maintenance, utilities, storm drain facilities, or temporary construction purposes including the reconstruction of essential improvements as directed by the City Engineer. All costs associated with acquiring rights-of-way or easements shall be borne by the applicant.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
98 City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
7 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Map.06
In the event that the applicant in unsuccessful in acquiring necessary property rights outside the project/development, the City will consider and potentially act on the option to acquire through eminent domain. Permits (or portions of permits) that are not affected by ROW acquisition will not be held up during the property acquisition or eminent domain process.

Informational
PW.Map.07
During the improvement plan checking process, turning radius template checks shall be submitted for access to all storm drain facilities, open space, and other utility easements that are accessed from a publicly accessible paved street. These templates shall clearly show that the easements are sufficient for full access under emergency conditions. The City of Banning's review of the easements shall include appropriateness of the vehicle turning radius, easement slopes and easement widths. Additional easement widths shall be required when the design vehicle is likely to use outriggers or other means of load stabilization.

Informational
PW.Map.08
Any public right-of-way or streets to be vacated from public use, pursuant to Street and Highway Codes Sections 8300 through 8363, shall conform to the complete vacation procedure and show specific circulation alternative, where required. All street vacations shall be shown on the final map.

Informational
PW.Map.09
All public facilities including sewer, water, reclaimed water and drainage shall be located in a public right of way or public utility easement. All final maps shall include appropriate easements per the approved tentative map and as required by the City Engineer and/or other agency maintaining public facilities. All easements shall meet minimum width and access requirements as mandated by the City or governing agency.

Informational
PW.Map.10
Submit a copy of the title report, closure calculations, and any separate instruments or necessary right-of-way documents to the Engineering Division prior to final map approval.

Informational
PW.Map.11
A map of the proposed subdivision drawn at 1”=200’ showing the outline of the streets including street names shall be submitted to the City to update the city atlas map.

Informational
PW.Map.12
The Applicant shall be responsible for research on private utility lines (Gas, Edison, Telephone, Cable, Internet, etc.) to ensure there are no conflicts with site development. All existing on-site utility lines that conflict with this project shall be relocated, removed, or sealed to the satisfaction of the City Engineer.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
99 City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
8 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Map.13
The applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer of dedication to the City of Banning unless such easements are expressly made subordinate to the easements to be offered for dedication to the City or unless such easements do not conflict with the City’s intended purposes or uses. Prior to granting any of said easements, the applicant shall furnish a copy of the proposed easement to the City Engineer for review and approval. Further, a copy of the approved easement shall be furnished to the City Engineer prior to the issuance of any certificate of use and/or occupancy.

Informational
PW.Map.14
The applicant, at its sole expense, shall obtain all right of way or easement acquisitions necessary to implement any portion of condition of this project, including public improvements, off-site grading and construction, offsite street requirements, offsite public utility requirements, storm drain improvements, or any other requirement of these conditions.

Prior to Final
Map
Recordation
PW.Map.15
The applicant shall provide an easement over, across, and which provides ingress and egress to all private water quality, stormwater, drainage basins, public water facilities, public sewer facilities, public electric facilities, and fire department access to be dedicated to the City, for ingress, egress, and right to inspect, repair, remove, and replace unless otherwise directed by the City Engineer.

Prior to Final
Map
Recordation
PW.Map.16
The applicant shall offer for dedication on the Final Map, within Final Map boundaries, all public street right-of-way and public utility easements in conformance with project entitlement documents. The City may reject the dedications and leave them open for future acceptance when all required public street improvements for the map are installed by the applicant in the rights of way.

Prior to Final
Map
Recordation
PW.Map.17
The Applicant shall dedicate right-of-way or provide temporary easements beyond either the phased construction and/or Parcel Map boundary required to provide utility service, public and/or emergency vehicular ingress and egress access to the nearest paved and publicly maintained street as follows:

Prior to Final
Map
Recordation
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
100
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
9 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Map.18
The applicant shall offer to dedicate to the City of Banning additional Right of Way as necessary to provide the total right of way described below:

Lincoln Street - 78' Right of Way
Bobcat Road - Min. 39' Half Width Right of Way
Highland Home Road (south of Sun Lakes Boulevard) - 33' Half Width Right of Way
Highland Home Road (north of Sun Lakes Boulevard) - 88' Right of Way Sunset Ave (south of Sun Lakes Boulevard) - 88' Right of Way Sunset Ave (north of Sun Lakes Boulevard) - 110' Right of Way Sun Lakes Boulevard - 110' Right of Way
All offers of dedication shall include the corner cut-back at all intersections.

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

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

Prior to Final
Map
Recordation
PW.Map.19
Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows:

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

Prior to Final
Map
Recordation
PW.Map.20
The City and the applicant are to enter into a Subdivision Improvement Agreement to guarantee the construction of the public improvements as listed in the Conditions of Approval and as shown on the approved plans.

Prior to Final
Map
Recordation
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
101
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
10 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Map.21
The applicant shall obtain approval from the Fire Marshall in consultation with the City Engineer, for a conceptual fuel modification plan and program, unless the City of Banning Fire Marshall (“Fire Marshall”) finds in writing to the City that such plan and program are not required for development of the property within the boundaries of this Final Map. Prior to the issuance of the first certificate of occupancy, within the lots affected by said fuel modification plans, the fuel modification shall be installed and completed under the supervision of the Fire Marshall with an approved plant palette.

The CC&Rs or other approved documents shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation.

Prior to Issuance
of any
Construction
Permit
PW.Map.22
The applicant shall verify and/or set all property corners, r/w corners, and centerline monuments. Subsequently, the applicant shall cause the surveyor to file the appropriate documents and records to the County of Riverside.

Prior to Release
of Surety
PW.Map.23
Public improvements shall be completed and accepted by City of Banning prior to release of Faithful Performance Bond and Labor and Material Bond for such improvements. Faithful Performance Bond for applicable public improvements shall be reduced to 10% once City accepts improvements into maintenance period. Final 10% to serve as the maintenance bond for the 1- year maintenance period.

Prior to Release
of Surety
PW.Map.24
The Applicant shall comply with Assembly Bill 1414, which was enacted on January 1, 1995, and amended Section 8771 of the Business and Professions Code of the Land Surveyors Act. Assembly Bill 1414 requires that two (2) corner records be filed when:
• Monuments exist that control the location of subdivisions or tracts, streets or highways; or provides survey control. The monuments are located and referenced by a licensed Land Surveyor before any streets or highways are reconstructed or relocated. The corner record(s) of the references are filed with the County Surveyor.
• Monuments are reset in the surface of the new construction and a corner record is filed with the County Surveyor before recording of a Certificate of Completion for the project.

Prior to Release
of Surety
PW.Map.25
Permanent survey monuments shall be set at the intersection of street centerlines, beginning, and end of curves in centerlines, and at other locations designated by the Director of Public Works and City Engineer. All other centerline monuments shall be placed in accordance with standard survey practice. A complete set of street centerline ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of the monumentation bond.

Prior to Release
of Surety
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
102
City of Banning - Public Works Department
Conditions of Approval
Mapping/Survey
11 of 80
COA # Condition of Approval Completion
Milestone Status
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
103
City of Banning - Public Works Department
Conditions of Approval
Grading
12 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.01
The applicant shall comply with Title 18 of the Banning Municipal Code “Grading, Erosion, and Sediment Control”, the City of Banning Grading Manual, California Building Code related to excavation and grading, and State Water Resources Control Board orders, rules, and regulations.

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

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

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

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

Informational
PW.Grade.06 A Grading Plan and Erosion Control Plan shall be submitted to the City Engineer for review and approval.

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

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

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

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
104
City of Banning - Public Works Department
Conditions of Approval
Grading
13 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.09
Grading Plan shall provide developed phases with required flood protection.

Flood protection shall be determined by the size of the undeveloped areas and the flow patterns. Mapped flood plain limits shall be shown on the grading plan.

Prior to Issuance
of a Grading
Permit
PW.Grade.10
Temporary basins shall be constructed to meet detention requirements and earthen channels/berms shall be used to divert and convey flows during construction.

Prior to Issuance
of a Grading
Permit
PW.Grade.11 Within park areas or areas accessible to the public, detention/retention basins will be protected from public entry as required.

Prior to Issuance
of a Grading
Permit
PW.Grade.12 The applicant shall submit a PM10 Management Plan for construction operations to the City Engineer and/or SCAQMD for review and approval.

Prior to Issuance
of a Grading
Permit
PW.Grade.13
The applicant shall submit a construction haul route plan to the City Engineer for review and approval. Deviation during construction from the approved plan shall constitute a violation of the conditions of the grading permit.

Prior to Issuance
of a Grading
Permit
PW.Grade.14
A soils report and geotechnical study shall be submitted in conjunction with the grading plan with further analyses of on-site soil conditions and appropriate measures to control erosion and dust. Any issues or recommendations provided in the report shall be addressed to the satisfaction of the City Engineer. The responsible geotechnical engineer shall sign and stamp all grading plans indicating the plan complies with the recommendations of the comprehensive soils and geotechnical report.

Prior to Issuance
of a Grading
Permit
PW.Grade.15
The applicant shall retain a qualified archeologist, paleontologist, and biologist for observation of grading and excavation activities in accordance with the approved mitigation program.

Prior to Issuance
of a Grading
Permit
PW.Grade.16 A grading permit shall be obtained from the Public Works Department prior to the commencement of any grading work.

Prior to Issuance
of a Grading
Permit
PW.Grade.17
Construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site. Staging areas shall be screened from view from adjacent properties. Vehicles shall be kept clean and free of mud and dust before leaving the development site. Surrounding streets shall be swept daily and maintained free of dirt and debris.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
105
City of Banning - Public Works Department
Conditions of Approval
Grading
14 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.18
As required in MMRP MM AIR-1, please include the following note and designated area Grading Plans:
"Plans submitted for grading permit issuance shall specify a designated area of the construction site where electric or non-diesel vehicles, equipment, and tools can be field or charged.

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

All trucks that are to haul excavated or graded material shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.

Prior to Issuance
of a Grading
Permit
PW.Grade.20
As required in MMRP RCM AIR-4, please include the following note on Grading Plans:

RCM AIR-4: The Project shall comply with SCAQMD Rule 402. Rule 402 prohibits the discharge of air contaminants or other material from any type of operations, which can cause nuisance or annoyance to any considerable number of people or to the public or which endangers the comfort or repose of any such persons, or the public.

Prior to Issuance
of a Grading
Permit
PW.Grade.21
As required in MMRP MM BIO-1, please include the following note on Grading Plans:

Construction Guidelines. Construction activities will follow the Construction Guidelines found in Volume 1, Section 7.5.3 of the MSHCP Prior to Issuance
of a Grading
Permit
PW.Grade.22
As required in MMRP MM BIO-5, please include the following note on Grading Plans:

Vehicle Washing. It will be required in the Development Project specification that the contractor will wash equipment prior to entering the vicinity of areas to be conserved. This will reduce the potential for introduction of nonnative plant, animal, viral, or bacterial species to the areas that will otherwise be undisturbed. All vehicles shall be washed at a distance that would remove the likelihood of run-off from entering any adjacent riverine/riparian areas.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
106
City of Banning - Public Works Department
Conditions of Approval
Grading
15 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.23
As required in MMRP MM BIO-7, please include the following note on Grading Plans:

Burrowing Owl Impacts. To avoid direct and indirect impacts to burrowing owl, a pre-construction survey shall be conducted in areas to be disturbed by a qualified biologist within 30 days prior to ground disturbance at the Development Site and submitted to the City. If construction activities occur during the breeding season (February 1 through August 31) and burrowing owl is determined to be present within any portion of the Development Site during the pre-construction survey, consultation with the California Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFWS) shall take place, and no construction activity shall take place within a 300-foot buffer zone. This buffer area may be reduced at the discretion of the biological monitor in consultation with CDFW and/or USFWS, until it has been determined that the nest/burrow is no longer active and all juveniles have fledged the nest/burrow.

Prior to Issuance
of a Grading
Permit
PW.Grade.24
As required in MMRP MM BIO-8, please include the following note on Grading Plans:

Burrowing Owl Protection and Relocation Plan. Within 90 days of the commencement of grading, a Burrowing Owl Protection and Relocation Plan would be drafted and reviewed by CDFW to ensure MSHCP guidelines for protection and/or relocation are followed. As part of that plan, one-way doors shall be installed as part of a passive relocation program. Burrowing owl burrows shall be hand-excavated by a qualified biologist when determined to be unoccupied and backfilled to ensure animals do not reenter. Disturbance to active burrows shall be minimized to the extent feasible.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
107
City of Banning - Public Works Department
Conditions of Approval
Grading
16 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.25
As required in MMRP MM BIO-9, please include the following note on Grading Plans:

Los Angeles Pocket Mouse. Prior to commencement of grading, nighttime trapping surveys will occur in areas within the known habitat and other areas providing the key constituent habitat elements based on historical surveys and those conducted for the Development Project, in riparian areas (the three identified drainage features) and adjacent upland habitat that will be permanently impacted by the Development Project. An exclusion fence will be installed along the perimeter of the construction footprint associated with the drainage crossings. Trapping and relocation of LAPM shall be performed immediately prior to grading or other construction on the Development Site within areas known to be occupied by LAPM within the existing drainage features and/or uplands. Where new roads cross the riparian corridors, under crossings suitable for safe passage of wildlife will be constructed. The exclusion fencing will be monitored through construction activities within suitable habitat to ensure animals do not return.

Restoration of a total of 3.21 acres of Development Site riparian habitat would bring project related impacts to a level that allows for 90 percent conservation of suitable habitat within the Development Site. Mitigation and equivalency may be achieved through the conservation of 7.92 of 8.99 acres of riparian/riverine lands on the Development Site as well as a surrounding buffer of approximately 32.58 acres, including the use of a deed restriction and/or conservation easement (see MM BIO-15 below). As part of the restoration effort, all non-native invasive species, such as tamarisk, arundo, and pampas grass, will be removed prior to any seeding or planting of native species.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
108
City of Banning - Public Works Department
Conditions of Approval
Grading
17 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.26
As required in MMRP MM BIO-10, please include the following note on Grading Plans:

Prior to issuance of construction permits, a conservation easement will be applied to upland conservation areas adjacent to drainages. During construction and operation, light pollution into the conservation areas will be reduced by shielding light sources and aiming them only into active construction areas during construction, and focused on parking, and commercial areas during operation where lighting is needed. If unforeseen circumstances were to arise that required hazard reduction within an area considered environmentally sensitive or a part of the MSHCP Conservation Area, such as lands proposed for conservation on the Development Site, it would require approval from the appropriate agencies prior to any vegetation management activities. These could include, but are not limited to, the Western Riverside County Regional Conservation Authority (WRCRCA), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), United States Fish and Wildlife Service (USFWS), and the United States Army Corps of Engineers (USACE).

Prior to Issuance
of a Grading
Permit
PW.Grade.27
As required in MMRP MM BIO-11, please include the following note on Grading Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to Issuance
of a Grading
Permit
PW.Grade.28
As required in MMRP MM BIO-11, please include the following note on Grading Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
109
City of Banning - Public Works Department
Conditions of Approval
Grading
18 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.29
As required in MMRP MM BIO-14, please include the following note on Grading Plans:

If habitat mitigation on the Project Site or at land contributed by the applicant is the selected means of mitigation, then as part of the restoration effort, a Habitat Restoration and Monitoring Plan (HRMP) will be prepared by a qualified restoration consultant and will be reviewed and approved by the City prior to commencement of construction activities on the Project Site.

Report Title:

Prepared By:

Approved Date:

Prior to Issuance
of a Grading
Permit
PW.Grade.30
As required in MMRP MM CUL-1, please include the following note on Grading Plans:

The applicant shall retain a qualified professional archaeological monitor who meets U.S. Secretary of the Interior (SOI) Standards. The monitor shall be present during all ground-disturbing activities to identify any known or suspected archaeological and/or cultural resources. The monitor will conduct an Archaeological Sensitivity Training “Sensitivity Workshop,” in conjunction with the Consulting Tribe(s)’s Tribal Historic Preservation Officer (THPO). The training session will focus on the archaeological and tribal cultural resources that may be encountered during earthmoving activities and the procedures to be followed in such an event.

Prior to Issuance
of a Grading
Permit
PW.Grade.31
As required in MMRP MM CUL-2, please include the following note on Grading Plans:

The qualified archaeologist shall develop an Archaeological Monitoring and Treatment Plan to address the details, timing, and responsibility of all archaeological and cultural resource activities that occur on the Project site, in coordination with the Consulting Tribe(s).

Report Name:

Prepared By:

Approved Date:

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
110
City of Banning - Public Works Department
Conditions of Approval
Grading
19 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.32
As required in MMRP MM CUL-3, please include the following note on Grading Plans:

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

Agreement Date:

Prior to Issuance
of a Grading
Permit
PW.Grade.33
As required in MMRP MM CUL-4, please include the following note on Grading Plans:

In the event of discovery of human remains during grading or other ground disturbance, work in the immediate vicinity (within a 100-foot buffer of the discovery) shall cease and the applicant shall comply with State Health and Safety Code § 7050.5 and Public Resources Code (PRC) § 5097.98. In the event human remains are found and identified as Native American, the applicant shall also notify the City Planning Department so that the City can ensure PRC § 5097.98 is followed.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
111
City of Banning - Public Works Department
Conditions of Approval
Grading
20 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.34
As required in MMRP MM CUL-5, please include the following note on Grading Plans:

In the event that archaeological or tribal cultural resources are unearthed during ground-disturbing activities, ground- disturbing activities shall stop (within a 100-foot buffer of the discovery) or shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist. A treatment plan shall be developed by a qualified archaeologist (meeting SOI standards) in consultation with the Tribe and the City Planning Department to include relinquishment of all artifacts through one of the following methods:
• A fully executed reburial agreement with the appropriate culturally affiliated Native American tribe or band. This reburial area should be away from any future impacts. Reburial shall not occur until all cataloguing, analysis, and any necessary special studies have been completed on the cultural resources. Details of contents and location of the reburial shall be documented in a final report.
• Curation at a Riverside County Curation facility that meets federal standards per 36 CFR Part 79 and therefore will be professionally curated and made available to other archaeologists/researchers and tribal members for further study. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence shall be provided in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid.

Prior to Issuance
of a Grading
Permit
PW.Grade.35
As required in MMRP MM CUL-6, please include the following note on Grading Plans:

Any and all cultural documents created as a part of the Development Project (Archaeological Monitoring and Treatment Plans, isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to the Consulting Tribe.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
112
City of Banning - Public Works Department
Conditions of Approval
Grading
21 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.36
As required in MMRP MM ENG-1, please include the following note on Grading Plans:

Construction. Compliance with Title 13-Section 2449 of the California Code of Regulations and the California Green Building Standards: Prior to issuance of grading and building permits, the City of Banning shall verify that the Project Applicant and his/her contractor(s) submit plans to the City indicating incorporation of Best Available Control Measures during construction of the Project. Best Available Control Measures include, but are not limited to, requirements that the Project Applicant ensure off-road vehicles (i.e., selfpropelled diesel-fueled vehicles 25 horsepower and up that were not designed to be driven on road) limit vehicle idling to 5 minutes or less; and register and label vehicles in accordance with the California Air Resources Board (CARB) Diesel Off-Road Online Reporting System; restrict the inclusion of older vehicles into fleets; and retire, replace, or repower older engines or install Verified Diesel Emission Control Strategies (i.e., exhaust retrofits).

Additionally, the construction contractor must recycle/reuse at least 65 percent of the construction material. This condition shall be implemented to the satisfaction of the City of Banning Development Services Director or designee, and/or Building Official, or designee.

Report Name:

Prepared By:

Approval Date:

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
113
City of Banning - Public Works Department
Conditions of Approval
Grading
22 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP RCM GEO-2, please include the following note on Grading Plans:

Prior to the issuance of grading and/or building permits, the Applicant shall provide evidence to the City for review and approval that proposed structures, features, facilities, and earthworks to be constructed on the Development Site have been designed to conform to applicable provisions of the California Building Code and other applicable Codes (per BMC Chapter

15.08) in effect at the time of development application as well as the design recommendations detailed in the final geologic and geotechnical review.

Additionally, the Applicant shall provide evidence to the City that the recommendations cited in a project-specific final geologic and geotechnical review are incorporated into project plans and/or implemented as deemed appropriate by the City. The final geologic and geotechnical review recommendations may include, but are not limited to, removal of existing vegetation, utilities, and any other surface and subsurface improvements that would not remain in place for use with the structures constructed on the Development Site. Remedial earthwork, over-excavation, and ground improvement shall occur to depths specified in the final geologic and geotechnical review to provide a sufficient layer of engineered fill or densified soil beneath structural footings/foundations, as well as proper surface drainage devices and erosion control. Retaining wall parameters shall be in accordance with the Final Geotechnical Assessment to protect against lateral spreading and on-site landslides. Construction of concrete structures in contact with subgrade soils determined to be corrosive shall include measures to protect concrete, steel, and other metals. Verification testing must be performed upon completion of ground improvements to confirm that the compressible soils have been sufficiently densified. The structural engineer must determine the ultimate thickness and reinforcement of the building flood slabs based
on the imposed slab loading. The recommendations of the Final Geotechnical Assessment shall be implemented
to the satisfaction of the City’s Building and Safety Director or designee.

Report Name:

Prepared By:

Approval Date:

These plans have been completed in accordance with the Final Project Geotechnical Report and are consistent with findings and recommendations in the report.

Geotechnical Engineer Signature:

PW.Grade.37
Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
114
City of Banning - Public Works Department
Conditions of Approval
Grading
23 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP RCM WQ-1, please include the following note on Grading Plans:

Prior to commencement of construction activities, the Applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), NPDES No.

CAS000002, Order No. 2009‐0009‐DWQ, as amended by Order No. 2010‐0014‐DWQ and Order No. 2012‐0006‐DWQ, or any other subsequent permit. This shall include submission of Permit Registration Documents (PRDs), including permit application fees, a Notice of Intent (NOI), a risk assessment, a site plan, a Storm Water Pollution Prevention Plan (SWPPP), a signed certification statement, and any other compliance‐related documents required by the permit, to the State Water Resources Control Board via the Stormwater Multiple Application and Report Tracking System (SMARTS).

Construction activities shall not commence until a Waste Discharge Identification Number (WDID) is obtained for the Development Project from the SMARTS and provided to the Director of the City of Banning Public Works Department, or designee, to demonstrate that coverage under the Construction General Permit has been obtained. Development Project construction shall comply with all applicable requirements specified in the Construction General Permit, including but not limited to, preparation of an SWPPP and implementation of construction site Best Management Practices (BMPs) to address all construction‐related activities, equipment, and materials that have the potential to impact water quality for the appropriate risk level identified for the Development Project. The SWPPP shall identify the sources of pollutants that may affect the quality of storm water and shall include BMPs (e.g., Sediment Control, Erosion Control, and Good Housekeeping BMPs) to control the pollutants in storm water runoff. Upon completion of
construction activities and stabilization of the Development Site, a Notice of Termination shall be submitted via SMARTS.

PW.Grade.38
Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
115
City of Banning - Public Works Department
Conditions of Approval
Grading
24 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.39
As required in MMRP RCM WQ-3, please include the following note on Grading Plans:

Prior to issuance of a grading permit, the Applicant shall submit a Final Water Quality Management Plan (WQMP) to the Director of the City of Banning Public Works Department or designee for review and approval. The Final WQMP shall specify: 1) the BMPs to be incorporated into the Development Project design to target pollutants of concern in runoff from the Development Site and from each proposed land use; 2) the target pollutant(s) to be captured from each building/land use and treated by each BMP; 3) the metric for ensuring the BMP is addressing the target pollutant(s) of concern; 4) the necessary operation and maintenance activity for each BMP; and 5) the specific action to be taken if it is determined that the BMP is not meeting its intended goal(s). The Final WQMP shall also incorporate the results of the Final Hydrology and Hydraulic Analyses to demonstrate that the detention facilities meet the hydromodification requirements of the Whitewater River Watershed MS4 Permit. The Director of the City of Banning Public Works Department, or designee, shall ensure that the BMPs specified in the Final WQMP are incorporated into the final
Development Project design.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
116
City of Banning - Public Works Department
Conditions of Approval
Grading
25 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.40
As required in MMRP MM GEO-1, please include the following note on Grading Plans:

Paleontological Resources Monitoring. All mass grading, excavation, drilling, and trenching activities within the old alluvial fan deposits (“Qof”), which underlie the majority of the Development Site, starting at the surface shall be monitored full-time by a qualified paleontological monitor for paleontological resources. Prior to initiation of any grading, drilling, and/or excavation activities, a pre-construction meeting shall be held and attended by the paleontologist of record, the grading contractor and subcontractors, the Development Site applicant, and a representative of the lead agency. The nature of potential paleontological resources shall be discussed, as well as the protocol that is to be implemented following discovery of any fossiliferous materials.

In the field, the primary monitor or the monitors under the direction and supervision of the site-specific paleontologist shall be the responsible persons on site with the assigned authority and responsibility to control all grading operations that might adversely affect any salvage efforts.

Prior to Issuance
of a Grading
Permit
PW.Grade.41
As required in MMRP RCM WQ-4, please include the following note on Grading Plans:

Prior to issuance of a grading permit, the Applicant shall submit a Final Hydrology and Hydraulic Analyses to the Director of the City of Banning Public Works Department, or designee, and the Riverside County Flood Control and Water Conservation District for review and approval. The Final Hydrology and Hydraulic Analyses shall be prepared consistent with the requirements of the Riverside County Flood Control and Water Conservation District Hydrology Manual and the Riverside County Whitewater River Region Stormwater Quality Best Management Practice Design Handbook for Low Impact Development, and Phase I MS4 Permit R7-2013-0011. The Director of the City of Banning Public Works Department, or designee, shall ensure that the drainage facilities specified in the Final Hydrology and Hydraulic Analyses are incorporated into the final Development Project design.

Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
117
City of Banning - Public Works Department
Conditions of Approval
Grading
26 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM HYD-1, please include the following note on Grading Plans:

Prior to the issuance of a grading permit(s) for roadway work in or adjacent to the proposed Lincoln Street creek crossings, the Applicant shall submit a sediment transport and scour analysis to the City and Western Riverside County Regional Conservation Authority for review and approval. As appropriate, the submittal may include equivalent detail on alternative proposals for the proposed creek crossings. The sediment transport and scour analysis shall identify pre- project conditions associated with channel morphology, hydrologic flow patterns, existing sedimentation and scouring, sediment size, and depth at each crossing. These same attributes will be analyzed based on post-project conditions to determine if there are any substantial changes to the existing conditions. The purpose of the sediment transport and scour analysis is to compare the functions and values of the drainage features in the pre- and post-project conditions and to ensure that following construction of the Lincoln Street crossings, the functions and values of the drainages with respect to downstream sedimentation are consistent with the long-term preservation of sand dune and sand sheet habitat within the Coachella Valley under the CVMSHCP. It is anticipated based on the results of the sediment deposition analysis performed by Albert A. Webb and Associates for the City of Banning’s Sun Lakes Boulevard Extension Project, which adjoins the Project Site and crosses the same drainages that the concrete-lined box culvert in the referenced drainages, would have nearly no sediment deposition. However, if the results of the Project specific sediment transport and scour analysis determine that the proposed concrete-lined box culvert option would have a significant impact on the sedimentation transport system, the applicant shall either mitigate the impacts of the design to have a less than
significant impact or will consider other methods of on-site drainage crossings.

Report Name:

Prepared By:

Approved Date:

PW.Grade.42
Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
118
City of Banning - Public Works Department
Conditions of Approval
Grading
27 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM NOI-1, please include the following note on Grading Plans:

The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

During grading, site work, paving and utility construction, the construction contractor shall install a minimum 10 ft high temporary construction barrier along the eastern construction boundary to shield residences along Sunset Avenue between Lincoln Street and Westward Avenue, along the southern construction boundary to shield residences along Bobcat Road, and along the eastern construction boundary to shield the school located at the southeast corner of Sunset Avenue and Westward Avenue when project construction activities are within 100 ft from the nearest residential structure to that activity. The temporary construction barrier may be any material that has a minimum Sound Transmission Class (STC) rating of 28. For off-site construction, including for construction of the roadway and utilities, on Sunset Boulevard, the City will determine whether the noise barrier can be constructed on City right of way without impacting roadway access and the construction contractor shall install such barrier on City-owned property provided that such roadway access can be maintained during construction.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

PW.Grade.43
Prior to Issuance
of a Grading
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
119
City of Banning - Public Works Department
Conditions of Approval
Grading
28 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.44
As required in MMRP RCM AIR-1, include the following note on the Erosion and Sediment Control Plan:

SCAQMD Rule 403. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventative measures by using the following procedures, in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403 during construction. The applicable Rule 403 measures are as follows:
• Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas
(previously graded areas inactive for 10 days or more). • Water active sites at least twice daily (locations where grading is to occur shall be thoroughly watered prior to earthmoving).
• Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 2 feet (0.6 meter) of freeboard (vertical space between the top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code Section 23114.
• Pave construction access roads at least 100 feet (30 meters) onto the site from the main road.
• Reduce traffic speeds on all unpaved roads to 15 mph or less.

Prior to Issuance
of a Grading
Permit
PW.Grade.45
As required in MMRP MM BIO-2, include the following note on the Erosion and Sediment Control Plan:

Equipment Staging. Equipment and vehicle storage, fueling, and material staging and storage will be in previously paved or previously disturbed, upland areas with no risk of direct drainage into riparian/riverine areas or other sensitive habitats. Necessary precautions shall be taken to prevent the release of cement or other toxic substances into riparian/riverine areas.

Secondary containment should be used under all motorized vehicles stored in the vicinity of the riparian/riverine areas (within 100 feet). Spill prevention kits shall be stored on-site in case of any type of hazardous materials spill. Development Project related spills of hazardous materials shall be reported to appropriate entities and shall be cleaned up immediately with contaminated soils removed to approved disposal areas.

Prior to Issuance
of a Grading
Permit
PW.Grade.46
A precise grading plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained prior to commencement of any grading activity.

Prior to Issuance
of a Building
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
120
City of Banning - Public Works Department
Conditions of Approval
Grading
29 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Grade.47
The applicant shall provide a lot pad certification. The pad certification shall include an elevation and compaction certification. The elevation certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. The compaction certification shall list the relative compaction of the pad soil and shall be certified by a licensed geotechnical engineer.

Prior to Issuance
of a Building
Permit
PW.Grade.48
The applicant shall provide a Final Grade Certification. The certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall show actual building setbacks, swales, drainage devices, and other items shown in conformance with the approved Precise Grading Plan.

Prior to
Certificate of
Occupancy
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
121
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
30 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Storm.01 The applicant shall comply with Chapter 13.24 “Stormwater Management Systems” of the Banning Municipal Code. Informational
PW.Storm.02
The applicant shall submit a Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped (existing) conditions to the Engineering Division for review and approval. The study and analysis shall be prepared by a civil engineer licensed by the State of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District (RCFCD), RCFCD Hydrology Manual, and standard plans and specifications. The 10- year storm flow shall be contained within the street curbs, and the 100-year storm shall be contained within the street right-of-way; when this criteria is exceeded, additional drainage facilities shall be designed and constructed.

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

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

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

Informational
PW.Storm.05
If the site is located in a Flood Area as identified in Flood Insurance Rate Map dated August 28, 2008 the applicant is responsible for providing a certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

Informational
PW.Storm.06
The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. Prior to issuance of any grading permits, FEMA may require a hydrologic and hydraulic analysis to be submitted and approved that demonstrates that the development will not cause any rise in base flood levels.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
122
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
31 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Storm.07
Trash Capture Devices are designed to keep trash, sediment, and debris from entering the City’s storm sewer system including its’ curb and gutters. The proposed project is in a “Priority Land Use” area (defined as: high-density residential areas (starting from 10 dwellings units/acre), Industrial areas (manufacturers, storage warehouses, distribution centers, junkyards), Commercial areas (populated consumer areas where goods and services are exchanged), Mixed-use areas (areas where high-density residential, industrial, and commercial intermix), and Public Transportation areas (property drains to or from bus stops)). Therefore, the developer shall install, operate, and maintain a “Full Capture” trash treatment control device for all storm drain systems (catch basins, inlets, etc.) on the property that capture runoff from the Priority Land Use area to comply with Trash Amendments/Provisions as defined by the SWRCB. The full capture system/device shall be selected from the SWRCB’s approved Certified “Full Capture Systems” list and shall also be approved by the City Engineer. If the project does not require a WQMP but is in a “Priority Land Use” area, a BMP Maintenance Agreement shall be prepared and executed with the City to ensure proper operation and maintenance of the full capture system/device and an annual self-inspection report shall be submitted to the Engineering Division.

Informational
PW.Storm.08
Stormwater basins within the specific plan shall be privately maintained. Any public storm drain with connection to a private stormwater basin shall include easements for public access and maintenance of the drainage device.

Informational
PW.Storm.09 Any stormwater basin outlet pipe without a direct connection to a City of Banning accepted storm drain or culvert shall be privately maintained. Informational PW.Storm.10
Easements to the City of Banning over storm drain basins and outlets shall be provided in accordance with the Stormwater Facilities Management Agreement.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
123
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
32 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Storm.11
Applicant has requested ability to construct any proposed development area at any time. Applicant will construct stormwater and drainage improvements required to serve that planning area in full ultimate locations, including laterals to serve future development areas.

Please refer to COA Exhibits for the development areas listed below:

Development Area 1 - PW.Storm.Exb05
Development Area 2 - PW.Storm.Exb010
Development Area 3 - PW.Storm.Exb015
Development Area 4 - PW.Storm.Exb020
Development Area 5 - PW.Storm.Exb025
Development Area 6 - PW.Storm.Exb030
Development Area 7 - PW.Storm.Exb035
Development Area 8 - PW.Storm.Exb040
Development Area 9 - PW.Storm.Exb045
Informational
PW.Storm.12
The applicant shall prepare a Final Water Quality Management Plan in accordance with the California Regional Water Quality Control Board Colorado River Basin Region Order No. R7-2013-0011. The WQMP shall identify if the project meets the criteria of a Priority Development Project and identify project Site Design BMP’s and Treatment Control BMP’s as applicable. The WQMP shall be reviewed and approved by the City Engineer.

Prior to the
Issuance of a
Grading Permit
PW.Storm.13
The applicant shall execute a Stormwater Management Facilities Agreement on terms agreed to by the parties guaranteeing the maintenance of stormwater pollution controls. Said agreement shall be recorded with the Riverside County Recorder and run with the land.

Prior to the
Issuance of a
Grading Permit
PW.Storm.14
If this project includes areas within a designated Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) Special Flood Hazard Zone, a conditional letter of map revision (CLOMR) shall be processed through FEMA and provided to the City Engineer.

Prior to the
Issuance of a
Grading Permit
PW.Storm.15
The applicant shall identify and include in its improvement plans structural and non-structural Best Management Practices (BMP’s) as outlined in the Final Water Quality Management Plan (WQMP).

Prior to the
Recordation of a
Final Map
PW.Storm.16 Drainage easements, as necessary, shall be shown and dedicated to the City of Banning on the Final Map.

Prior to
Recordation of
Final Map
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
124
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
33 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Storm.17
As required in MMRP RCM AIR-4, please include the following note on Drainage plans:

Prior to the
Issuance of an
Encroachment
Permit
PW.Storm.18
As required in MMRP MM BIO-5, please include the following note on Drainage Plans:

Prior to the
Issuance of an
Encroachment
Permit
PW.Storm.19
As required in MMRP MM BIO-10, please include the following note on Drainage Plans:

Prior to the
Issuance of an
Encroachment
Permit
PW.Storm.20
As required in MMRP MM BIO-11, please include the following note on Drainage Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
125
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
34 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Storm.21
As required in MMRP MM BIO-12, please include the following note on Drainage Plans:

During construction, upland conservation areas will be fenced to prevent personnel and construction equipment from entering the conservation areas.

Standard construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

Prior to the
Issuance of an
Encroachment
Permit
PW.Storm.22
As required in MMRP MM BIO-16, please include the following note on Drainage Plans:

Sediment Transport and Scour Analysis: The Project proposes to construct concrete-lined box culverts at two drainage crossings on the Project Site. To avoid significant changes to downstream sediment transport and deposition, floodplain modification, and potential streambed aggradation or incision above and below each of the proposed stream crossings consistent with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), the applicant shall prepare and submit a sediment transport and scour analysis to the City and Western Riverside County Regional Conservation Authority for review and approval prior to construction of any drainage crossing on the Project Site.

Report Title:

Prepared By:

Approved Date:

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
126
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
35 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Storm.23
As required in MMRP RCM ENG-1, please include the following note on Drainage Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
127
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
36 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP RCM HYD-1, please include the following note on Grading Plans:

Prior to the issuance of a grading permit(s) for roadway work in or adjacent to the proposed Lincoln Street creek crossings, the Applicant shall submit a sediment transport and scour analysis to the City and Western Riverside County Regional Conservation Authority for review and approval. As appropriate, the submittal may include equivalent detail on alternative proposals for the proposed creek crossings. The sediment transport and scour analysis shall identify pre- project conditions associated with channel morphology, hydrologic flow patterns, existing sedimentation and scouring, sediment size, and depth at each crossing. These same attributes will be analyzed based on post-project conditions to determine if there are any substantial changes to the existing conditions. The purpose of the sediment transport and scour analysis is to compare the functions and values of the drainage features in the pre- and post-project conditions and to ensure that following construction of the Lincoln Street crossings, the functions and values of the drainages with respect to downstream sedimentation are consistent with the long-term preservation of sand dune and sand sheet habitat within the Coachella Valley under the CVMSHCP. It is anticipated based on the results of the sediment deposition analysis performed by Albert A. Webb and Associates for the City of Banning’s Sun Lakes Boulevard Extension Project, which adjoins the Project Site and crosses the same drainages that the concrete-lined box culvert in the referenced drainages, would have nearly no sediment deposition. However, if the results of the Project specific sediment transport and scour analysis determine that the proposed concrete-lined box culvert option would have a significant impact on the sedimentation transport system, the applicant shall either mitigate the impacts of the design to have a less than significant impact or will consider other methods of on-site drainage
crossings.

Report Name:

Prepared By:

Approved Date:

PW.Storm.25
As required in MMRP MM HYD-2, please include the following note on Drainage Plans:

Prior to City approval of roadway improvement plans for Lincoln Street, including the proposed Lincoln Street crossings, the Applicant shall submit evidence to the City that the Lincoln Street crossings of Pershing and Smith Creeks have been designed to avoid impacts to or, if impacted, to maintain the development transport capacity identified in the approved sediment transport and scour analysis required under Mitigation Measure HYD-1.

Prior to the
Issuance of an
Encroachment
Permit
PW.Storm.24
Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
128
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
37 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM NOI-1, please include the following note on Drainage Plans:

The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

PW.Storm.27
If this project includes areas within a designated Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) Special Flood Hazard Zone, a letter of map revision (LOMR) shall be processed through FEMA and provided to the City Engineer prior to occupancy of affected lots.

Prior to
Certificate of
Occupancy
PW.Storm.28 Applicant shall make pipeline repairs necessary as identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to Release
of Surety
PW.Storm.26
Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
129
City of Banning - Public Works Department
Conditions of Approval
Stormwater/Water Quality
38 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Storm.29 Applicant shall provide GIS shape files for all roadway centerlines to the City of Banning Public Works Department for inclusion in the GIS database.

Prior to Release
of Surety
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
130
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
39 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.01
All street designs shall comply with City of Banning standard drawings where available. If no City standard is available applicant may select standards in the following order:
1 - City of Banning Standards
2 - Riverside County Standard Drawings
3 - 'Greenbook' Standard Drawings
4 - Caltrans Standard Drawing
5 - Other published standards, subject to approval from the City Engineer.

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

Informational
PW.Street.02 All street designs shall provide pavement and lane transitions per City of Banning and Caltrans standards for transitions to existing street sections. Informational PW.Street.03 Any public improvements damaged during the course of construction shall be replaced to the satisfaction of the City Engineer, or his/her designee. Informational PW.Street.04
Grading and excavations in the public right-of-way shall be supplemented with a soils and geology report prepared by a professional engineer or geologist licensed by the State of California.

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

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

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

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

Informational
PW.Street.09 A minimum width of 20 feet for a paved or all weather emergency access. Informational Copy of ENG_PW DRAFT COA's - Sunset Crossroads
131
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
40 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.10
Applicant shall provide horizontal and vertical site distance calculations for review and approval by the City Engineer. Safe horizontal traffic sight distances and vertical curve sight distances shall be maintained regardless of street intersection angles, street grades, landscaping, or the lot configuration shown on the approved tentative tract map, as follows:
- All vertical curve sight line design shall be per the Caltrans Design Manual (Figures 201-latest, Topic 405-latest, et al). The vertical curve design speed along with the requisite vertical curve geometric data shall be shown on the improvement-drawing sheet where the curve occurs.
- All horizontal curve sight line design shall be per Riverside County Standards (Plates 114, 821, et al). Horizontal curve design speeds along with the related geometric data shall be tabulated on the improvement drawing sheets where the curves occur.
- Horizontal and vertical sight distances shall be maintained even if such compliance results in reconfigured lots and/or a reduction in the lot count shown on the approved tentative map. City of Banning Ordinances shall be met while achieving the required safety requirements.

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

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

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

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
132
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
41 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.19
Signing and Striping Plans shall show the following at a minimum: stop signs, limit lines and legends, no parking signs, raised pavement markers (including blue raise pavement markers at fire hydrants), and street name signs.

Informational
PW.Street.20
All existing overhead utility lines located on or adjacent to the site shall be undergrounded prior to public improvement acceptance and surety release, to the satisfaction of the Public Works Director, including but not limited to, electrical distribution, telephone, and cable lines, with the exception of electric utility lines over 33 kV in accordance with Ordinance 1500.

Informational
PW.Street.21
Access to any phased construction site shall be restricted by a temporary installation of a chain link fence with locks to restrict public access, but allowing emergency vehicle access per City acceptable arrangements as required by the City Engineer.

Informational
PW.Street.22 Project shall incorporate facilities included the adopted Active Transportation Plan, including bike lane facilities. Informational
PW.Street.23
Construction traffic access to an on-going phased construction site shall not be permitted through any adjacent development site, which has been completed and accepted by the City for occupancy.

Informational
PW.Street.24
Curbed medians will not be permitted over City of Banning maintained utilities (storm, sewer, water, electrical). If a curbed median is constructed over existing underground utilities, those utilities shall be relocated at the developers expense.

Informational
PW.Street.25
Applicant has requested ability to construct any proposed development area at any time. Applicant will construct full width street improvements on required roads that serve as access and frontage to any development area EXCEPT for Sun Lakes Boulevard, Highland Home Road, and Bobcat Road, where partial improvements are allowed per the sections below.

Intersections shall be constructed to their ultimate configuration.

Please refer to COA Exhibits for the development areas listed below:

Development Area 1 - PW.Streets.Exb01
Development Area 2 - PW.Streets.Exb06
Development Area 3 - PW.Streets.Exb011
Development Area 4 - PW.Streets.Exb016
Development Area 5 - PW.Streets.Exb021
Development Area 6 - PW.Streets.Exb026
Development Area 7 - PW.Streets.Exb031
Development Area 8 - PW.Streets.Exb036
Development Area 9 - PW.Streets.Exb041
Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
133
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
42 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.26
Highland Home Road (South of Sun Lakes Boulevard): Complete full width street improvements for COLLECTOR roadway per Sunset Crossroads Specific Plan (min. 33' half width ROW, 22' curb to CL) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes
Informational
PW.Street.27
Lincoln Street: Construct full width street improvements for DIVIDED COLLECTOR roadway per Sunset Crossroads Specific Plan (78' ROW, 56' curb to curb) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes
Informational
PW.Street.28
Bobcat Road: Construct partial width street improvements for DIVIDED COLLECTOR roadway per Sunset Crossroads Specific Plan (min. 39' half width minimum, 38' EP to TC) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes Informational
PW.Street.29
Highland Home Road (North of Sun Lakes Boulevard): Construct partial width street improvements for SECONDARY HIGHWAY roadway per Sunset Crossroads Specific Plan (min. 88' ROW, 44' Curb to Curb) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, grading to accommodate ultimate improvements.

Informational
PW.Street.30
Sunset Ave (South of Sun Lakes): Construct full width street improvements for SECONDARY HIGHWAY roadway per Sunset Crossroads Specific Plan (88' ROW, 64' curb to curb) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping.

Informational
PW.Street.31
Sunset Ave (North of Lincoln Street): Construct full width street improvements for ARTERIAL HIGHWAY roadway per Sunset Crossroads Specific Plan (110' ROW, 86' curb to curb), including the following: Curb and Gutter, AC Pavement, Curbed Median, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Class 2 Bike Lanes.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
134
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
43 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.32
Sunset Ave (Sun Lakes Boulevard to Lincoln Street): Construct full width street improvements for ARTERIAL HIGHWAY roadway per City of Banning Standard ST-101.1, including the following: Curb and Gutter, AC Pavement, Curbed Median, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Class 2 Bike Lanes.

Applicant has requested an westerly shift in the centerline of the roadway, reflected in the Specific Plan and Tentative Parcel Map. Excess ROW created east of the roadway will be maintained by the Sunset Crossroads Property Owners Association.

As a result of the westerly shift, any existing utilities that would be subsequently located under the curbed median shall be relocated at the sole expense of the project.

Informational
PW.Street.33
Sun Lakes Boulevard: Construct half width street improvements for ARTERIAL HIGHWAY roadway per approved City of Banning construction drawings (CIP2020-04) including the following: Curb and Gutter, AC Pavement, Curbed Median, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping.

Informational
PW.Street.34
Applicant shall submit and obtain written approval from the City Fire Marshall for the plans for all public or private access drives or streets. The plans shall include plan view and sectional views and indicate the grade and width of the road measured from flow-line to flow-line. When a dead end access exceeds 150-feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the City Fire Marshall. Applicable covenant, conditions or restrictions (CC&R’s) or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates, or other modifications within said easement or access road unless prior approval from the Fire Marshall is granted.

Prior to Grading
Permit
PW.Street.35
Applicant shall prepare plans to fully implement requirements in the Traffic Impact Analysis for the project. Applicant shall build full road sections as indicated in the Specific Plan and Conditions of Approval stated above.

Intersection improvements shall be designed for the ultimate condition.

Improvement Plans shall indicate any right of way requirements that exceed the minimum City of Banning standards or Specific Plan requirements.

Prior to
Recordation of
Final Map
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
135
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
44 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.36
In order to determine intersection right of way dedication and ultimate street improvement locations, applicant shall prepare an alignment study of all roadway intersections of collector and above to the satisfaction of the City Engineer. The approved alignment study, in the form of a 1” = 40’ scale striping plan, will establish interim and ultimate alignments for all applicable roadways. The approved alignment study shall consider the design requirements for all project mitigation identified in the Traffic Impact Analysis to include lane geometry and capacities, any new traffic signal locations or relocations, roundabouts, striping transitions, bus bay locations, driveway locations and future medians.

Prior to
Recordation of
Final Map
PW.Street.37
Applicant shall provide a truck traffic management plan to the City Engineer for review and approval. Recommendations in the truck traffic management plan shall be included with the street improvement plans. Any additional right of way necessary shall be shown on the improvement plans and dedicated on the final map.

Prior to
Recordation of
Final Map
PW.Street.38
Applicant shall provide proposed development plans to the City of Banning Transit Department for review and consideration of bus routing and bus stops. If a bus stop is required on a road classified as Secondary Highway or greater, applicant shall provide a Bus Turnout per Riverside County Standard Plan 814, necessary rights of way, bus shelter, trash receptacles, and signage.

For bus stops on roads classified Collector or less in commercial and industrial zone, applicant shall provide a bus shelter, trash receptacles, and signage.

Prior to
Recordation of
Final Map
PW.Street.39
The applicant shall provide estimates to construct, improve, or finance the proposed public improvements to the City Engineer for review and approval.

The estimate shall differentiate between public improvements within the property boundaries of the tentative map, improvements outside the project boundaries and public improvements which abut the boundary of the property to be subdivided.

Prior to
Recordation of
Final Map
PW.Street.40
A line item shall be included in the Construction Security Worksheet for the personnel needed for twenty-four hours a day, seven days per week for tending and maintaining all construction signage and safety apparatus. To the best extent possible, a person should be available twenty-four hours a day and seven days a week. The police department and fire department shall have access to the phone number. If there is a public concern, any person can contact the police/fire department who will be able to get a hold of the personnel. The personnel shall be available as on-call and the telephone number for the on-call person shall be publicly available at the Banning Police and Fire Departments. The City of Banning’s construction inspectors shall have the authority to stop the work in progress until the safety signage/lighting has been restored to a condition acceptable to said inspector.

Prior to
Recordation of
Final Map
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
136
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
45 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.41
Prior to map recordation for any subsequent development phases, detailed phasing plans shall be submitted for review and approval by the Public Works Director, Community Development Director and City Engineer. Each phasing plan shall identify construction access, public access and emergency access routes. The City Engineer reserves the right to modify any phasing plan.

Prior to
Recordation of
Final Map
PW.Street.42 Applicant shall post a bond with the City of Banning to guarantee the repair of the roads.

Prior to
Recordation of
Final Map
PW.Street.43
A Traffic Control Plan shall be submitted for review and approval by the City Engineer. The Traffic Control Plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation.

Traffic control shall be included as a line item in the Engineer's Estimate for bonding purposes. No construction shall be allowed prior to the approval of this plan.

Prior to
Encroachment
Permit
PW.Street.44
Applicant shall post a bond with the City of Banning to guarantee the repair of the roads on the City of Banning Construction Security Worksheet (at current fiscal year)
Prior to
Encroachment
Permit
PW.Street.45
Street lights shall be installed in accordance with the City of Banning Electric Department Standards. A detailed lighting plan shall be submitted for review and approval by the City’s Electric Department and City Engineer prior to recordation of Final Maps. The plan shall indicate style, illumination, location, height and length of mast arm.

Prior to
Encroachment
Permit
PW.Street.46
As required in MMRP RCM AIR-4, please include the following note on Street Improvement Plans, Signing and Striping Plans, Traffic Control Plans, and Traffic Signal Plan:

Prior to
Encroachment
Permit
PW.Street.47
As required in MMRP MM BIO-5, please include the following note on Street Improvement Plans:

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
137
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
46 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.48
As required in MMRP MM BIO-10, please include the following note on Street Improvement Plans:

Prior to
Encroachment
Permit
PW.Street.49
As required in MMRP MM BIO-11, please include the following note on Street Improvement Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to
Encroachment
Permit
PW.Street.50
As required in MMRP MM BIO-12, please include the following note on Street Improvement Plans:

During construction, upland conservation areas will be fenced to prevent personnel and construction equipment from entering the conservation areas.

Standard construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
138
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
47 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.51
As required in MMRP RCM ENG-1, please include the following note on Street Improvement Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
PW.Street.52
As required in MMRP MM HYD-2, please include the following note on Drainage Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
139
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
48 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM NOI-1, please include the following note on Street Improvement Plans:

The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

PW.Street.53
Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
140
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
49 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.54
As required in MMRP PDF N-1, please include the following note on Street Improvement Plans proposing to construct all or portions of Sunset Ave:

To address traffic noise impacts along Sunset Avenue, the alignment of Sunset Avenue is shifted to the west from its previously proposed location to provide additional distance from sensitive receptors east of Sunset Avenue.

More specifically, the centerline of Sunset Avenue between Lincoln Street and Sun Lakes Boulevard/Westward Avenue would be adjusted 42 feet (ft) to the west from the existing centerline with implementation of the Development Project, which
results in the new centerline being 72 ft from the nearest residential property line and 115 ft from the school at the MSJC Site.

Prior to the
Issuance of an
Encroachment
Permit
PW.Street.55
As required in MMRP MM NOI-2, please include the following note on Street Improvement Plans proposing to construct all or portions of Sunset Ave:

Prior to approval of roadway plans for Sunset Avenue, the City will confirm that the Development Project design plans for Sunset Avenue incorporate project design feature N-1 (PDF N-1) and shift the alignment of Sunset Avenue between Lincoln Street and Sun Lakes Boulevard
Extension/Westward Avenue to the west from the existing centerline as required by PDF N-1 to reduce traffic noise at neighboring sensitive uses to a less than significant level. To reduce operational noise impacts to a less than significant level, prior to issuance of building permits, the City will confirm that the following building design plans are consistent with PDF N-2: (1) design plans for each building proposed to contain cold storage facilities shall either shield rooftop cold storage equipment or locate such equipment on the ground level and (2) design plans for buildings adjacent to Bobcat Road (in the location depicted for Buildings 1 and 2 in the Specific Plan), shall include wing walls and parking lot walls meeting the requirements of PDF N2.

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
141
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
50 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Street.56
As required in MMRP TRA-1, please include the following note on Street Improvement Plans:

Prior to issuance of occupancy permits, the project applicant shall prepare a Transportation Demand Management (TDM) strategy report (as discussed in the Sunset Crossroads Vehicle Miles Traveled (VMT) Analysis) for review and approval by the City Traffic/Transportation Manager. Transportation Demand Management (TDM) strategies have been incorporated into the project design including commute trip reduction marketing, rideshare program, and end-of-trip bicycle facilities.

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
PW.Street.57
All fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street/access driveway as approved by the Fire Marshall and must be maintained in good condition by the property owner until the street is accepted for maintenance.

Prior to
Certificate of
Occupancy
PW.Street.58
All required public improvements for the project shall be completed, tested, and approved by City of Banning and/or other governing agency to the satisfaction of the City Engineer or their designee.

Prior to
Certificate of
Occupancy
PW.Street.59
Applicant shall install all street name signs, striping, and related signage as shown on the approved plans to the satisfaction of the City Engineer and Public Works Director.

Prior to
Certificate of
Occupancy
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
142
City of Banning - Public Works Department
Conditions of Approval
Streets and Traffic
51 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP PDF T-4:

Prior to issuance of the first certificate of occupancy permits for an industrial building on the Development Site, the applicant shall submit and the City Community Development Director shall approve a Truck Route Management Plan including g the following components:
• Posting of signage clearly showing the designated entry for trucks from the public streets to the designated on-site truck check-in and truck parking areas.
• Posting of signage indicating that all parking and maintenance of trucks must be conducted within the designated onsite areas and not within the surrounding community or on public streets.
• Posting of signage for exiting traffic (other than exempt vehicles) showing the designated exits and restricting westward travel on Sun Lakes Boulevard west of Highland Home Road.
• Lease provisions clearly identifying the required truck routes, including requiring trucks to use Sunset Avenue to access the I-10 Freeway interchange and prohibiting trucks (other than exempt vehicles) on Sun Lakes Boulevard west of Highland Home Road.
• Consider and include, where feasible, driveway aprons providing egress to SLB Extension that physically direct trucks east on Sun Lakes Boulevard Extension in a manner that does not affect exempt vehicles. • Truck route maps provided to all drivers and posted in breakrooms and throughout the Project.
• Designation of a Traffic Coordinator contact for the City to notify in the event of traffic issues.

For the Truck Route Management Plan, exempt vehicles include emergency and public safety vehicles, buses, limos and passenger vehicles, vehicles owned by a public utility or public agency and delivery vans serving local routes or using
designated detour routes. With the implementation of the Truck Route Management Plan, potential conflicts with truck traffic through residential uses would be reduced.

PW.Street.60
Prior to
Certificate of
Occupancy
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
143
City of Banning - Public Works Department
Conditions of Approval
Landscaping
52 of 80
COA # Condition of Approval Completion
Milestone Status
PW.LS.01
The applicant shall be required to enter into a Landscape Maintenance Agreement for the perpetual maintenance of landscaping within the public right-of-way fronting the project sites, inclusive of landscaped medians.

Informational
PW.LS.02
The applicant has requested a realignment of Sunset Ave westerly of the existing centerline. Applicant shall maintain landscaping within the excess Right of Way opposite of the project as a result of this relocation.

Informational
PW.LS.03
Prior to laying of the aggregate base layer for any new streets, all landscaping irrigation services (or sleeves to accommodate said services) shall be installed. Street cut permits may be denied and alternate methods may be required for any construction within a street that was accepted by the City within the prior five years.

Informational
PW.LS.04
The applicant shall plant and maintain trees, shrubs, and ground cover placed in the parkway, slopes adjacent to public rights-of-way, and median islands constructed in connection with the project in accordance with applicable City standards until maintenance of such area is turned over to Property Owners Association. This includes ensuring that irrigation systems are operating properly, the clearing of debris, and regular weed removal.

Informational
PW.LS.05
Landscape and irrigation plans for all required facilities shall be submitted for approval. The final design of the parkways, walls, landscaping, and sidewalks shall be included in the plans and shall be subject to approval by the Community Development Director and City Engineer.

Informational
PW.LS.06 Landscaping plans shall include for irrigation and planting in medians for Sunset Ave and Sun Lakes Boulevard.

PW.LS.07 All landscape improvements within public right of way shall be compliant with the City of Banning MWELO guidelines. Informational PW.LS.08
A property owners association shall be established and the applicable Conditions, Covenants & Restrictions (CC & R’s) shall be prepared for review and approval of the City Engineer providing for maintenance of the parkway on-site lighting and landscaping, slopes adjacent to public rights-of-way, onsite private parking/roadway, any debris basins, BMPs referenced in the approved WQMP, and median island landscaping. The developer shall appoint the initial members of the Board of Directors of the property owners association or take such other steps as may be reasonably necessary to assure that members have been appointed or elected to such Board of Directors, until under the terms of the applicable CC & R's individual parcel owners have the power to elect the members of the Board of Directors in accordance with the CC & R's.

Prior to
Recordation of
Final Map
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
144
City of Banning - Public Works Department
Conditions of Approval
Landscaping
53 of 80
COA # Condition of Approval Completion
Milestone Status
PW.LS.09
The conditions, covenants, and restrictions shall contain provisions which prohibit dissolution of the homeowners’ association unless another entity has agreed to assume the operation and maintenance responsibilities of the homeowners’ association. The conditions, covenants and restrictions shall contain provisions that prohibit the developer and his/her successors-ininterest from amending said covenants, conditions and restrictions to conflict with these Conditions of Approval.

Prior to
Recordation of
Final Map
PW.LS.10
Applicant shall prepare and submit to the City of Banning Public Works Department a maintenance exhibit detailing areas of POA maintenance responsibility for approval by the City Engineer.

Prior to
Recordation of
Final Map
PW.LS.11
The Property Owners Association shall enter into a Landscape Maintenance Agreement with the City of Banning identifying the maintenance responsibility of the POA.

Prior to
Recordation of
Final Map
PW.LS.12 Applicant shall prepare and submit to the City of Banning Public Works Department landscape and irrigation for approval
Prior to
Encroachment
Permit
PW.LS.13
As required in MMRP RCM AIR-4, please include the following note on Landscape and Irrigation Plans:

Prior to
Encroachment
Permit
PW.LS.14
As required in MMRP MM BIO-5, please include the following note on Landscape and Irrigation Plans:

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
145
City of Banning - Public Works Department
Conditions of Approval
Landscaping
54 of 80
COA # Condition of Approval Completion
Milestone Status
PW.LS.15
As required in MMRP MM BIO-10, please include the following note on Landscape and Irrigation Plans:

Prior to
Encroachment
Permit
PW.LS.16
As required in MMRP MM BIO-11, please include the following note on Landscape and Irrigation Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to
Encroachment
Permit
PW.LS.17
As required in MMRP MM BIO-12, please include the following note on Landscape and Irrigation Plans:

During construction, upland conservation areas will be fenced to prevent personnel and construction equipment from entering the conservation areas.

Standard construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
146
City of Banning - Public Works Department
Conditions of Approval
Landscaping
55 of 80
COA # Condition of Approval Completion
Milestone Status
PW.LS.18
As required in MMRP RCM ENG-1, please include the following note on Landscape and Irrigation Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
PW.LS.19
As required in MMRP MM GHG-2, please include the following note on Landscape and Irrigation Plans:

Provide drought tolerant low-water landscaping and trees throughout the Project site and use recycled (purple pipe)
irrigation water with drip irrigation and weather based smart irrigation controllers.

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
147
City of Banning - Public Works Department
Conditions of Approval
Landscaping
56 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM NOI-1, please include the following note on Landscape and Irrigation Plans:

The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

PW.LS.21
An automatic sprinkler system and landscaping shall be installed, prior to certificate of occupancy for the portion of the project for which certificates of occupancy are requested, within the common areas including perimeter slopes and the interior collector streets. Each system shall include a smart landscape irrigation controller (including remote communication), a separate water meter and electric meter, and plantings as approved by the Community Development Director. Landscaping plans and specifications shall be reviewed and approved by the City Engineer.

Prior to
Occupancy
PW.LS.20
Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
148
City of Banning - Public Works Department
Conditions of Approval
Landscaping
57 of 80
COA # Condition of Approval Completion
Milestone Status
PW.LS.22
Landscape improvements shall be certified by a licensed landscape architect or licensed landscape contractor as having been installed in accordance with the approved detailed plans and specifications. The applicant shall furnish said certification, including an irrigation management report, for each landscape irrigation system and any other required implementation report determined applicable, to the City Engineer for review and approval.

Prior to Surety
Release
PW.LS.23
Applicant shall provide GIS shape files for all irrigation lines and appurtenances including street crossings to the Public Works Department for inclusion in the GIS Database.

Prior to Surety
Release
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
149
City of Banning - Public Works Department
Conditions of Approval
Potable Water
58 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Wat.01
All public potable water improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.

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

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

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

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

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

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

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

Informational
PW.Wat.11
Any utility work within the Specific Plan that disturbs previous constructed roadways shall include full cross section grind and overlay for trench repair tasks.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
150
City of Banning - Public Works Department
Conditions of Approval
Potable Water
59 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Wat.12
Applicant has requested ability to construct any proposed development area at any time. Applicant will construct potable water improvements required to serve that planning area in full ultimate locations, including laterals to serve future development areas.

Please refer to COA Exhibits for the development areas listed below:

Development Area 1 - PW.Water.Exb02
Development Area 2 - PW.Water.Exb07
Development Area 3 - PW.Water.Exb012
Development Area 4 - PW.Water.Exb017
Development Area 5 - PW.Water.Exb022
Development Area 6 - PW.Water.Exb027
Development Area 7 - PW.Water.Exb032
Development Area 8 - PW.Water.Exb037
Development Area 9 - PW.Water.Exb042
Informational
PW.Wat.13
Prior to recordation of the final parcel map, associated improvement plans for potable water facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

Prior to
Recordation of
Final Map
PW.Wat.14 Potable water easements, as necessary, shall be shown and dedicated to the City of Banning on the Final Map.

Prior to
Recordation of
Final Map
PW.Wat.15
Submit a hydraulic analysis report demonstrating adequate pressures throughout the project’s water system during max day demand (MDD) with fire flow conditions. The hydraulic analysis, based on the City’s latest calibrated water model, shall identify when and if additional facilities would be required to meet Project water demands.

Prior to
Encroachment
Permit
PW.Wat.16
As required in MMRP RCM AIR-4, please include the following note on Potable Water Plans:

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
151
City of Banning - Public Works Department
Conditions of Approval
Potable Water
60 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Wat.17
As required in MMRP MM BIO-5, please include the following note on Potable Water Plans:

Prior to
Encroachment
Permit
PW.Wat.18
As required in MMRP MM BIO-10, please include the following note on Potable Water Plans:

Prior to
Encroachment
Permit
PW.Wat.19
As required in MMRP MM BIO-11, please include the following note on Potable Water Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to
Encroachment
Permit
PW.Wat.20
As required in MMRP MM BIO-12, please include the following note on Potable Water Plans:

During construction, upland conservation areas will be fenced to prevent personnel and construction equipment from entering the conservation areas.

Standard construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
152
City of Banning - Public Works Department
Conditions of Approval
Potable Water
61 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Wat.21
As required in MMRP RCM ENG-1, please include the following note on Potable Water Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
153
City of Banning - Public Works Department
Conditions of Approval
Potable Water
62 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM NOI-1, please include the following note on Potable Water Plans:

The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

PW.Wat.23
All required water lines and fire hydrants shall be installed and made operable before any building permits are issued. This may be done in phases if the construction work is in progress for emergency vehicles.

Prior to Building
Permit
PW.Wat.24 Applicant shall make pipeline repairs necessary as identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to Release
of Surety
PW.Wat.25
Applicant shall provide GIS shape files for all potable water lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Prior to Surety
Release
PW.Wat.22
Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
154
City of Banning - Public Works Department
Conditions of Approval
Potable Water
63 of 80
COA # Condition of Approval Completion
Milestone Status
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
155
City of Banning - Public Works Department
Conditions of Approval
Non-Potable Water
64 of 80
COA # Condition of Approval Completion
Milestone Status
PW.NPW.01
All public non-potable water improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.

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

Informational
PW.NPW.03
All non-potable water lines to be constructed within the Public right-of-way shall be a minimum of 8-inches in diameter DIP. Final sizes shall be approved by the City Engineer based on hydraulic calculations provided by the design engineer. Where non-potable water line easements are necessary, they shall be a minimum of 20 feet wide if improvements are installed outside of rightof-way or public utility easements.

Informational
PW.NPW.04 Applicant shall provide detail water demand and hydraulic calculations for use in sizing laterals, meters, backflows, and booster pumps as necessary. Informational PW.NPW.05
All non-potable water lines shall be Ductile Iron Pipe (DIP) Class 350, with restrained joints conforming to DIPRA design guidelines where required. All non-potable water DIP mains shall be protected with purple-colored V-Bio polyethylene encasement.

Informational
PW.NPW.06
A backflow device must be installed on each irrigation water connection; and in compliance with the State of California Department of Health Regulations.

Contact the City of Banning, Water Operations Division, prior to the installation.

Informational
PW.NPW.07
The non-potable water plans shall include appropriate signage for the irrigation of publicly-accessible areas with non-potable water as required by the California Code of Regulations.

Informational
PW.NPW.08
Any utility work within the Specific Plan that disturbs previous constructed roadways shall include full cross section grind and overlay for trench repair tasks.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
156
City of Banning - Public Works Department
Conditions of Approval
Non-Potable Water
65 of 80
COA # Condition of Approval Completion
Milestone Status
PW.NPW.09
Applicant has requested ability to construct any proposed development area at any time. Applicant will construct non-potable water improvements required to serve that planning area in full ultimate locations, including laterals to serve future development areas.

Please refer to COA Exhibits for the development areas listed below:

Development Area 1 - PW.RecWater.Exb03
Development Area 2 - PW.RecWater.Exb08
Development Area 3 - PW.RecWater.Exb013
Development Area 4 - PW.RecWater.Exb018
Development Area 5 - PW.RecWater.Exb023
Development Area 6 - PW.RecWater.Exb028
Development Area 7 - PW.RecWater.Exb033
Development Area 8 - PW.RecWater.Exb038
Development Area 9 - PW.RecWater.Exb043
Informational
PW.NPW.10
Prior to recordation of the final parcel map, associated improvement plans for non-potable water facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

Prior to
Recordation of
Final Map
PW.NPW.11 Non-Potable water easements, as necessary, shall be shown and dedicated to the City of Banning on the Final Map.

Prior to
Recordation of
Final Map
PW.NPW.12 Submit Water Improvement Plans to the City Engineer for review and approval.

Prior to
Encroachment
Permit
PW.NPW.13
As required in MMRP RCM AIR-4, please include the following note on NonPotable Water Plans:

Prior to
Encroachment
Permit
PW.NPW.14
As required in MMRP MM BIO-5, please include the following note on NonPotable Water Plans:

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
157
City of Banning - Public Works Department
Conditions of Approval
Non-Potable Water
66 of 80
COA # Condition of Approval Completion
Milestone Status
PW.NPW.15
As required in MMRP MM BIO-10, please include the following note on NonPotable Water Plans:

Prior to
Encroachment
Permit
PW.NPW.16
As required in MMRP MM BIO-11, please include the following note on NonPotable Water Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to
Encroachment
Permit
PW.NPW.17
As required in MMRP MM BIO-12, please include the following note on NonPotable Water Plans:

During construction, upland conservation areas will be fenced to prevent personnel and construction equipment from entering the conservation areas.

Standard construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
158
City of Banning - Public Works Department
Conditions of Approval
Non-Potable Water
67 of 80
COA # Condition of Approval Completion
Milestone Status
PW.NPW.18
As required in MMRP RCM ENG-1, please include the following note on NonPotable Water Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
159
City of Banning - Public Works Department
Conditions of Approval
Non-Potable Water
68 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM NOI-1, please include the following note on NonPotable Water Plans:

The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

PW.NPW.20 Applicant shall make pipeline repairs necessary as identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to Release
of Surety
PW.NPW.21
Applicant shall provide GIS shape files for all non-potable water lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Prior to Surety
Release
PW.NPW.19
Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
160
City of Banning - Public Works Department
Conditions of Approval
Non-Potable Water
69 of 80
COA # Condition of Approval Completion
Milestone Status
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
161
City of Banning - Public Works Department
Conditions of Approval
Sewer
70 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Sew.01
All public sewer improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.

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

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

Informational
PW.Sew.04 Each developed parcel shall have its own sewer lateral and shall be PVC SDR

26. Informational
PW.Sew.05
A sewer check valve shall be provided for each building with a finish pad elevation lower than the rim elevation of the immediate up-stream sewer manhole.

Informational
PW.Sew.06 Any pad with an elevation lower than the nearest upstream manhole rim elevation shall require a backwater valve. Informational PW.Sew.07
Sewer mains shall maintain a straight alignment from manhole to manhole whenever feasible. The required radius, when necessary, shall be achieved by use of deflection at the joint with VCP pipe, following manufacturer’s guidelines.

Informational
PW.Sew.08
Private sewer pumps will only be permitted if a gravity sewer lateral is not feasible due to existing grade and alignment issues. Any private sewer pump requires approval from the City Engineer. Any private sewer pump shall transition to a gravity lateral at the public right of way or 10' prior to the sewer main, whichever is greater.

Informational
PW.Sew.09
The City of Banning will not permit any forced sewer system maintained by any entity other than the City of Banning within City of Banning rights of way.

Private sewer pumps to public force main is not permitted.

Informational
PW.Sew.10
Any utility work within the Specific Plan that disturbs previous constructed roadways shall include full cross section grind and overlay for trench repair tasks.

Informational
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
162
City of Banning - Public Works Department
Conditions of Approval
Sewer
71 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Sew.11
Applicant has requested ability to construct any proposed development area at any time. Applicant will construct sewer improvements required to serve that planning area in full ultimate locations, including laterals to serve future development areas.

Please refer to COA Exhibits for the development areas listed below:

Development Area 1 - PW.Sewer.Exb04
Development Area 2 - PW.Sewer.Exb09
Development Area 3 - PW.Sewer.Exb014
Development Area 4 - PW.Sewer.Exb019
Development Area 5 - PW.Sewer.Exb024
Development Area 6 - PW.Sewer.Exb029
Development Area 7 - PW.Sewer.Exb034
Development Area 8 - PW.Sewer.Exb039
Development Area 9 - PW.Sewer.Exb044
Informational
PW.Sew.12
As required by the City Engineer and prior to recordation of the final parcel map, the applicant shall submit and the City shall approve a supplemental Focused Sewer Study to the satisfaction of the City Engineer. The study shall determine on/off site conveyance system requirements and project’s estimated contribution to wastewater discharges.

Prior to
Recordation of
Final Map
PW.Sew.13
Prior to recordation of the final parcel map, associated improvement plans for sewer facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

Prior to
Recordation of
Final Map
PW.Sew.14 Sewer easements, as necessary, shall be shown and dedicated to the City of Banning on the Final Map.

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

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

Prior to
Encroachment
Permit
PW.Sew.17
As required in MMRP RCM AIR-4, please include the following note on Sewer Plans:

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
163
City of Banning - Public Works Department
Conditions of Approval
Sewer
72 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Sew.18
As required in MMRP MM BIO-5, please include the following note on Sewer Plans:

Prior to
Encroachment
Permit
PW.Sew.19
As required in MMRP MM BIO-10, please include the following note on Sewer Plans:

Prior to
Encroachment
Permit
PW.Sew.20
As required in MMRP MM BIO-11, please include the following note on Sewer Plans:

Upland conservation areas, adjacent to the existing drainages, within the Development Project will be avoided during construction and operation.

Light sources during construction and operation will be angled and shielded to avoid light pollution into drainages and adjacent upland conservation areas.

Prior to
Encroachment
Permit
PW.Sew.21
As required in MMRP MM BIO-12, please include the following note on Sewer Plans:

During construction, upland conservation areas will be fenced to prevent personnel and construction equipment from entering the conservation areas.

Standard construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

Prior to
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
164
City of Banning - Public Works Department
Conditions of Approval
Sewer
73 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Sew.22
As required in MMRP RCM ENG-1, please include the following note on Sewer Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
165
City of Banning - Public Works Department
Conditions of Approval
Sewer
74 of 80
COA # Condition of Approval Completion
Milestone Status
As required in MMRP MM NOI-1, please include the following note on Sewer Plans:

The construction contractor shall limit construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Development Site.

PW.Sew.24
The applicant shall inspect with CCTV all new public sewer mains and submit to the City for review and approval prior to surety release and acceptance of sewer improvements.

Prior to Release
of Surety
PW.Sew.25 Applicant shall make pipeline repairs necessary as identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to Release
of Surety
PW.Sew.26
Applicant shall provide GIS shape files for all sewer lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Prior to Release
of Surety
PW.Sew.23
Prior to the
Issuance of an
Encroachment
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
166
City of Banning - Public Works Department
Conditions of Approval
Sewer
75 of 80
COA # Condition of Approval Completion
Milestone Status
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
167
City of Banning - Public Works Department
Conditions of Approval
Solid Waste/Refuse
76 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Refuse.01
Effective January 1, 2022, all businesses shall subscribe to City’s threecontainer (trash, recycling, organics), Collection Services per Banning Municipal Code, Title 8.28, “Garbage Collection and Disposal” unless a City approved exemption is granted. Information on the program is available on the City of Banning website and made available at the following link:
https://library.municode.com/ca/banning/codes/code_of_ordinances.

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

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

Informational
PW.Refuse.05
Applicants are encouraged to review the referenced sections in the 2019 California Green Building Standard
Code:https://calgreenenergyservices.com/wp/wpcontent/uploads/2019_california_green_code.pdf Informational
PW.Refuse.06
Applicants shall submit a Construction and Demolition Waste Diversion Plan to the City’s Solid Waste Program Coordinator (SWPC) prior to commencement of construction or demolition. Contact the SWPC at [email protected] or 951.922.3193 for further details and to obtain a plan template.

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

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

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

Prior to Building
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
168
City of Banning - Public Works Department
Conditions of Approval
Solid Waste/Refuse
77 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Refuse.11
Enclosures shall be lockable and/or contain locking bins. Locking mechanisms on enclosures and/or bins shall be approved by the City of Banning Solid Waste Franchise Hauler.

Prior to Building
Permit
PW.Refuse.12
Design Criteria:
a. The size and dimensions of the trash enclosure shall be based on the required number and size of containers at a minimum accommodating one (1) container each for trash, recyclables and organics materials. b. Enclosure shall be architecturally compatible with the primary building on site to provide a coordinated design.
c. Exterior materials and colors of the enclosure shall match the building walls.
d. Chain link fencing with or without/plastic slats is prohibited. e. Enclosure shall have solid metal or wood gates with latches that can be secured in an open or closed position.
f. Enclosures shall be constructed in a permanent manner. g. Exterior must be fully enclosed with solid roofing to prevent rainfall from entering the enclosure and to prevent wind dispersal, as well as offsite transport of trash and recycling.
h. Provide the minimum clearance for collector and user accessibility. i. City Engineer approval shall be obtained in writing prior to the construction of any solid waste enclosure.

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

Prior to Building
Permit
PW.Refuse.14
As required in MMRP RCM AIR-4, please include the following note on Building Plans:

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

Prior to Building
Permit
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
169
City of Banning - Public Works Department
Conditions of Approval
Solid Waste/Refuse
78 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Refuse.15
As required in MMRP MM GHG-1, please include the following note on Building Plans:

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

Prior to Building
Permit
PW.Refuse.16
Pursuant to CAL Green Building Standards Code section code 5.408.

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

Prior to
Certificate of
Occupancy
PW.Refuse.17
187. Applicants shall submit a Construction and Demolition Waste Diversion Reporting Form to the City’s Solid Waste Program Coordinator upon completion of the project to obtain diversion approval prior to final sign-off.

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

Prior to
Certificate of
Occupancy
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
170
City of Banning - Public Works Department
Conditions of Approval
Fees
79 of 80
COA # Condition of Approval Completion
Milestone Status
PW.Fees.01
All fees must be paid in full at the thresholds identified below. Plan check fees for professional report review and all improvement plan reviews shall be paid at the time of submittal of said documents in accordance with the fee schedule in effect at the time of the submittal.

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

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

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

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

Prior to
Installation
PW.Fees.07 Water connection fees shall be paid in accordance with the fee schedule in effect at that time.

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

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

Prior to Building
Final/C of O
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
171
City of Banning - Public Works Department
Conditions of Approval
Fees
80 of 80
Copy of ENG_PW DRAFT COA's - Sunset Crossroads
172
SPECIFIC PLAN NO. 20-20000002

CITY OF BANNING
PUBLIC HEARING DRAFT | SEPTEMBER 2024
SUNSET

CROSSROADS

SPECIFIC PLAN
173
SUNSET

CROSSROADS
SPECIFIC PLAN NO. 20-20000002

CITY OF BANNING
PUBLIC HEARING DRAFT | SEPTEMBER 2024
Prepared for:

CITY OF BANNING
99 E Ramsey Street
Banning, CA 92220
951 922 3120
Developed by:

NP BANNING INDUSTRIAL, LLC
4825 NW 41st Street
Suite 500
Riverside, MO 64150
816 888 7053
Contact: J.J. Jenkins
Prepared by:

T&B PLANNING, INC.
3200 El Camino Real
Suite 100
Irvine, CA 92602
714 505 6360 x 105
Contact: Joel Morse
JOB NUMBER: 1146-001
In Collaboration With:

Engineer:

PROACTIVE ENGINEERING
CONSULTANTS WEST, INC.
25109 Jefferson Avenue
Suite 200
Murrieta, CA 92562
951 440 4263
Contact: George Lenfestey
Landscape Architect:

HUNTER LANDSCAPE, INC.
711 Fee Ana Street
Placentia, CA 92870
714 505 6360 x 105
Contact: Tom Hayes
Commercial Architect:

HTH ARCHITECTS
3767 Overland Avenue
Suite 111
Los Angeles, CA 90034
310 842 7040
Contact: Chadd MacGilfrey
Industrial Architect:

STUDIO NORTH

ARCHITECTURE
4825 NW 41st Street
Suite 500
Riverside, MO 64150
816 895 8137
Contact: Kevin Polit
174

TABLE OF CONTENTS SUNSET CROSSROADS
SPECIFIC PLAN NO. 20-20000002

TABLE OF CONTENTS
CHAPTER 1 | INTRODUCTION

1.1. Project Summary 1-2

1.2. Project Location 1-5

1.3. Surrounding Land Uses and Development 1-5

1.4. Existing Site Characteristics 1-5

1.5. Document Purpose 1-6

1.6. Specific Plan Format 1-11

1.7. Planning Approach 1-11

1.8. Specific Plan Goals 1-12

1.9. Discretionary Actions and Approvals 1-13
CHAPTER 2 | DEVELOPMENT PLAN

2.1. Land Use Plan 2-2

2.2. Circulation Plan 2-8

2.3. Potable Water Plan 2-14

2.4. Recycled Water Plan 2-17

2.5. Sewer Plan 2-19

2.6. Drainage and Water Quality Plan 2-22

2.7. Grading Plan 2-25

2.8. Open Space Plan 2-28

2.9. Fire Protection Plan 2-30
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TABLE OF CONTENTS SUNSET CROSSROADS
SPECIFIC PLAN NO. 20-20000002
PAGE | 2

TABLE OF CONTENTS
CHAPTER 3 | DEVELOPMENT STANDARDS

3.1. General Development Criteria 3-2

3.2. Permitted, Conditional, Ancillary, And Prohibited Uses 3-8

3.3. General Commercial Development Standards 3-16

3.4. Industrial Development Standards 3-17

3.5. Planning Area Standards 3-18

3.6 Energy Efficiency Development Criteria 3-38
CHAPTER 4 | DESIGN GUIDELINES

4.1. Purpose And Intent 4-2

4.2. Design Theme 4-3

4.3. Industrial Architectural Guidelines 4-3

4.4. General Commercial Architectural Guidelines 4-11

4.5. Signage Design Guidelines 4-17

4.6. Landscape Design Guidelines 4-19

4.6.1. Plant Palette 4-19

4.6.2. Irrigation 4-26

4.6.3. Conceptual Park Plan (Planning Area 11) 4-26

4.6.4. Monumentation 4-26

4.6.5. Streetscapes 4-34

4.6.6. Wall And Fences 4-43

4.6.7. Landscape Interfaces 4-45
CHAPTER 5 | IMPLEMENTATION PLAN

5.1. Implementation of No. 20-20000002 5-2

5.2. Review and Approval of Implementing Development Proposals 5-3

5.3. Maintenance Plan 5-7

5.4. Conceptual Phasing Plan 5-8
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TABLE OF CONTENTS SUNSET CROSSROADS
SPECIFIC PLAN NO. 20-20000002
PAGE | 3

SPECIFIC PLAN FIGURES
Figure Title Page
Figure 1-1 Regional Map 1-7
Figure 1-2 Vicinity Map 1-8
Figure 1-3 Surrounding Uses Map 1-9
Figure 1-4 Pre-Development Topographic Map 1-10
Figure 2-1 Land Use Plan 2-5
Figure 2-2 Conceptual Circulation Plan 2-12
Figure 2-3 Conceptual Roadway Cross-Sections 2-13
Figure 2-4 Conceptual Potable Water Plan 2-16
Figure 2-5 Conceptual Recycled Water Plan 2-18
Figure 2-6 Conceptual Sewer Plan 2-21
Figure 2-7 Conceptual Drainage and Water Quality Plan 2-24 Figure 2-8 Conceptual Grading Plan 2-26
Figure 2-9 Conceptual Cut-Fill Map 2-27
Figure 3-1 Planning Area 1 3-20
Figure 3-2 Planning Areas 2, 5, and 14 3-22
Figure 3-3 Planning Areas 3, 4, and 15 3-24
Figure 3-4 Planning Areas 6, 7, 13, and 18 3-28
Figure 3-5 Planning Areas 8, 9, 11, 17, and 19 3-31
Figure 3-6 Planning Areas 10, 12, and 16 3-34
Figure 4-1 Conceptual Master Landscape Plan 4-23
Figure 4-2 Conceptual Landscape Zones 4-24
Figure 4-3 Conceptual Plant Palette Imagery 4-25
Figure 4-4 Conceptual Park Plan (Planning Area 11) 4-28 Figure 4-5 Conceptual Primary Monumentation 4-29
Figure 4-6 Conceptual General Commercial Monumentation 4-30 Figure 4-7 Conceptual Industrial Monumentation 4-31
Figure 4-8 Conceptual Tenant Monumentation 4-32
Figure 4-9 Conceptual Freeway Oriented Freestanding Sign 4-33 Figure 4-10 Conceptual Lincoln Street Streetscape 4-36
Figure 4-11 Conceptual Sunset Avenue Streetscape (I-10 to Lincoln Street) 4-37 Figure 4-11A Conceptual Sunset Avenue Streetscape (Lincoln Street to SLB Extension) 4-38 Figure 4-11B Conceptual Sunset Avenue Streetscape (SLB Extension to Bobcat Road) 4-39 Figure 4-12 Conceptual Bobcat Road Streetscape 4-40
Figure 4-13 Conceptual Highland Home Road Streetscape (north of SLB Extension) 4-41 Figure 4-13A Conceptual Highland Home Road Streetscape (south of SLB Extension) 4-42 177

TABLE OF CONTENTS SUNSET CROSSROADS
SPECIFIC PLAN NO. 20-20000002
PAGE | 4
Figure 4-14 Conceptual Wall and Fence Details 4-44
Figure 4-15 Conceptual Interface #1 - Commercial (PA 1) to Open Space & Industrial (PA 6) 4-47 Figure 4-16 Conceptual Interface #2 - Industrial (PA 2) to Off-Site Residential (East) 4-48 Figure 4-17 Conceptual Interface #3 - Industrial (PA 3) to Off-Site School Site (East) 4-49 Figure 4-18 Conceptual Interface #4 - Industrial (PA 4) to Off-Site Residential (South) 4-50 Figure 4-19 Conceptual Interface #5 - Industrial (PA 4) to Off-Site Open Space 4-51 Figure 4-20 Conceptual Interface #6 - Industrial (PA 12) to Off-Site Residential (West) 4-52 Figure 4-21 Conceptual Interface #7 - Industrial (PA 7) to Off-Site Residential (West) 4-53 178

TABLE OF CONTENTS SUNSET CROSSROADS
SPECIFIC PLAN NO. 20-20000002
PAGE | 5

SPECIFIC PLAN TABLES
Table Title Page
Table 1-1 Land Use Summary 1-4
Table 2-1 Land Use Statistical Summary 2-4
Table 3-1 Permitted, Conditional Permitted, Ancillary, and Prohibited Uses 3-10 Table 3-2 Development Standards – General Commercial 3-16 Table 3-3 Development Standards – Industrial 3-17
Table 4-1 Plant Palette 4-20
Table 5-1 Maintenance Responsibilities 5-8
179
CHAPTER ONE establishes the goals and purposes of this Specific Plan, its physical context, its relationship to other regulations and planning documents, and its development goals.

INTRODUCTION

1.1 PROJECT SUMMARY

1.2 PROJECT LOCATION

1.3 EXISTING SITE CHARACTERISTICS

1.4 SURROUNDING LAND USES & DEVELOPMENT

1.5 DOCUMENT PURPOSE

1.6 SPECIFIC PLAN FORMAT

1.7 PLANNING APPROACH

1.8 SPECIFIC PLAN GOALS

1.9 DISCRETIONARY ACTIONS AND APPROVALS
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PAGE | 1-2
CHAPTER 1 | INTRODUCTION

1.1 PROJECT SUMMARY
Located south of Interstate 10, between Highland Home Road and Sunset Avenue, from the Union Pacific Railroad south to Bobcat Road, the SUNSET CROSSROADS Specific Plan brings considerable industrial business opportunities along with a vibrant retail, recreation and entertainment district to the City of Banning. SUNSET CROSSROADS creates an environment for businesses and economic investments to prosper and where the community can enjoy entertainment, utilize retail services, and realize job opportunities in a variety of business types.

At the time this Specific Plan was prepared, the project boundary consists of 554.8 acres under a single ownership, which included an approximately 21-acre existing or future right of way easement for the construction of the Future Sun Lakes Boulevard Extension (which is Not a Part of the Specific Plan). Exclusion of the approximately 21-acre easement for the Future Sun Lakes Boulevard Extension reduces the area subject to the Specific Plan to 533.8 acres.

Of the total 533.8 acres within the Specific Plan, 280.1 acres (263.7 acres for development and 16.4 acres for circulation) are located within the City of Banning corporate boundary and 253.7 acres (241.8 acres for development and 11.9 acres for circulation) of the site are located outside of the City of Banning’s corporate boundary, within the City’s Sphere of Influence. As part of the overall development Project, an application to the Local Agency Formation Commission (LAFCO) was submitted for Annexation of the southern portion of the site into the City of Banning. The Specific Plan will become effective for the southern portion of the site upon annexation of that property into the City of Banning.

SUNSET CROSSROADS establishes 19 Planning Areas with
four (4) Land Use Designations, as shown in Table 1-1, Land Use Summary and Figure 2-1, Land Use Plan, designed to
attract new business and new visitors to the City of Banning.

The Specific Plan provides a wide range of Industrial, General Commercial, Open Space – Park, and Open Space –
Resources land uses to the City, which create new
employment opportunities, improve the City’s jobs-to-housing balance, and may reduce residents’ commute times. The
addition of industrial, retail, professional and medical offices, education, recreation, and hospitality uses will also contribute to the City of Banning’s sales tax base. As part of the project, the applicant will convey locations for the following
infrastructure and municipal uses: a Reverse Osmosis Facility Site and an Electrical Substation Site. The Electrical Substation Site may be conveyed prior to approval of this Specific Plan. Additionally, sites for a potential future Fire Station and Potable Water Reservoir have been identified.

The 47.9-acre commercial district of SUNSET CROSSROADS (Planning Area 1) stretches along the northeast portion of the site, between Lincoln Street and the project boundary, creating the opportunity for a Maximum Building Square Footage of 268,400 square feet of leisure, retail, medical office, professional office, education, recreation and entertainment uses along with a freeway accessible 125-room hotel and a complete Travel Center including retail and convenience sales, a drive-through fast food restaurant, 20 vehicle fueling stations and six (6) commercial fueling stations. Maximum Building Square Footage is defined as the total square footage of all floors in structure as measured 181
CHAPTER 1 | INTRODUCTION SUNSET CROSSROADS
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from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. SUNSET CROSSROADS is designed to be a regional commercial and entertainment attraction, providing multi-generational destinations with a focus on activity and wellness-based retail uses which may include but is not limited to stationary wave surfing, indoor skydiving, indoor go-karting, obstacle gyms, and a large indoor/outdoor climbing wall, yoga studios, dance studios and other athletic activities, provided that the City determines that the environmental impacts of such uses do not increase the project’s environmental impacts evaluated in the Sunset Crossroads Specific Plan EIR or supplemental environmental analysis is performed as required by CEQA.

SUNSET CROSSROADS establishes a Maximum Building
Square Footage of 5,545,000 square feet of Industrial land uses (Planning Areas 2-10) on 392.0 acres, creating opportunities for a wide range of industrial endeavors within the City of Banning.

Due to the site’s proximity to the Sunset Avenue Interstate 10 interchange, the SUNSET CROSSROADS Specific Plan is
particularly well-suited for warehousing and distribution operations, as well as other industrial uses.

Three natural drainage courses, Smith Creek, Pershing Creek, and Highland Wash, (40.5acres) designated Open Space –
Resource, traverse the SUNSET CROSSROADS Specific Plan
site from northwest to southeast (Planning Areas 13-19), and will remain undisturbed, except for required road and infrastructure crossings. In addition, along Highland Home Road, the SUNSET CROSSROADS Specific Plan establishes a total of 25.1 acres of open space uses (Planning Areas 11 and 12), which provide parkland and open space uses while buffering the site’s industrial development from the residential community to the west. Planning Area 11 is designated Open Space-Parks and consists of a 5.0-acre public park developed with a tot-lot, picnic tables, restrooms and walking trails, the remainder of this 12.6-acre site may contain pedestrian trails, but will otherwise remain undeveloped open space. Planning Area 12 consists of 12.5 acres designated Open Space – Resource, which provides an open space buffer which may contain trails, as well as providing location for a possible Reverse Osmosis Facility Site and Fire Station site. 182
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Table 1-1 LAND USE SUMMARY

PA LAND USE DESIGNATION ACRES
1 GENERAL COMMERCIAL 47.9
2 INDUSTRIAL 33.8
3 INDUSTRIAL 7.8
4 INDUSTRIAL 194.3
5 INDUSTRIAL 66.3
6 INDUSTRIAL 28.1
7 INDUSTRIAL 25.8
8 INDUSTRIAL 16.2
9 INDUSTRIAL 3.3
10 INDUSTRIAL 16.4
INDUSTRIAL SUBTOTAL 392.0
DEVELOPMENT TOTAL 439.9
11 OPEN SPACE - PARKS 12.6
12 OPEN SPACE - RESOURCE 12.5
13 OPEN SPACE - RESOURCE 7.5
14 OPEN SPACE - RESOURCE 7.1
15 OPEN SPACE - RESOURCE 6.0
16 OPEN SPACE - RESOURCE 4.8
17 OPEN SPACE - RESOURCE 4.1
18 OPEN SPACE - RESOURCE 3.3
19 OPEN SPACE - RESOURCE 7.7
OPEN SPACE - RESOURCE SUBTOTAL 53.0
CIRCULATION 28.3
PROJECT TOTAL 533.8
Note: Acreage North of the SLB Extension = 280.1 AC, and South of the SLB Extension = 253.7 AC SLB Extension Easement = approximately 21 AC The SUNSET CROSSROADS Specific Plan guides development by establishing the distribution, location and extent of the uses of land, including open space, within the area covered by the plan. Land Use Designations (Chapter 2, Development Plan), Infrastructure Plans (Chapter 2, Development Plan), Development Standards (Chapter 3), Design Guidelines (Chapter 4), and Implementation Regulations (Chapter 5, Implementation Plan) address permitted uses, building placement, architectural style, landscaping materials and other design and development elements. These design elements create visual interest, unity, and thematic consistency through the use of complementary exterior building materials, colors, wall and façade treatments. In addition, a conceptual landscaping program for the entire SUNSET CROSSROADS Specific Plan ties together the hardscape and softscape elements of the built environment to create a cohesive visual theme which blends this employment and entertainment center into the Banning community.

The project design features contemporary architecture, lighting and signage, combined with architectural elevations and a variety of uses intended to ensure that the SUNSET CROSSROADS Specific Plan contributes to the long-term prosperity of the City of Banning.

Specific Plan circulation and infrastructure improvements are in conformance with the City’s General Plan and the plans of local utility purveyors. Local access and connection to the regional transportation network is provided via Sunset Avenue, to the east of the project site. In addition to roads, master-planned on-site infrastructure improvements include potable water, wastewater, reclaimed water lines, and stormwater management, including water quality management/ flood control systems. Additionally, land has been allocated in PA 3, 7, and 12 for the development of municipal facilities, to be constructed by the City of Banning (a Reverse Osmosis Facility, Fire Station site, Potable 183
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SPECIFIC PLAN NO. 20-20000002
PAGE | 1-5
Water Reservoir site, and an Electrical Substation). The Specific Plan ensures that necessary roads, utilities, landscape elements, and other infrastructure facilities are installed when needed to accommodate the needs of the Specific Plan as it builds out.

1.2 PROJECT LOCATION
As illustrated on Figure 1-1, Regional Map, SUNSET CROSSROADS is located in the City of Banning, in western Riverside County. The City of Banning is served by Interstate 10 (I-10), a major east-west regional transportation corridor which connects Banning to the rest of Riverside County and the greater Los Angeles area, including the Ports of Long Beach and Los Angeles, both major gateways for international trade.

As illustrated on Figure 1-2, Vicinity Map, access to SUNSET CROSSROADS is provided via Interstate 10, from the Sunset Avenue interchange located approximately ¼ mile to north. SUNSET CROSSROADS stretches east to west along the southern side of the Union Pacific Railroad right of way, between Sunset Avenue and Highland Home Road.

North to south, the site extends from the Union Pacific Railroad right of way to Bobcat Road and is bisected by Westward Avenue, which is currently unpaved and unimproved. The Future Sun Lakes Boulevard Extension (SLB Extension) will incorporate the current right-of-way of Westward Avenue. Upon construction, the SLB Extension will connect Sunset Avenue to Highland Home Road. Within this document, references to the SLB Extension include the existing Westward Avenue right-of-way, regardless of which road exists at the time of development. Additional access to the site is provided by Lincoln Street which is currently unpaved and unimproved and planned to be constructed by the Developer as part of the buildout of the Specific Plan, which extends west from Sunset Avenue and terminates within the site.

1.3 SURROUNDING LAND USES AND DEVELOPMENT
As illustrated on Figure 1-3, Surrounding Land Uses, the Sun Lakes Community, an established age-restricted residential community and golf course, is located west of Highland Home Road and SUNSET CROSSROADS. The planned Rancho San Gorgonio development which includes planned residential and commercial uses, the Mount San Jacinto College San Gorgonio Pass Campus, and undeveloped land are located east of Sunset Avenue. Properties to the south and southwest include scattered rural residential lots, agricultural operations, and vacant land. The Union Pacific Railroad borders the northern boundary of SUNSET CROSSROADS, with Interstate 10 (I-10) located immediately north of the Railroad.

1.4 EXISTING SITE CHARACTERISTICS
As shown on Figure 1-4, Pre-Development Topographic Map, the SUNSET CROSSROADS site is located within the San Gorgonio Pass and is comprised of gently sloping topography, with elevations ranging from approximately 2,399 feet above mean sea level (MSL) at the southeastern corner to 2,523 feet MSL at the northwestern corner. Vegetation cover reflects a history of dry farming and cattle grazing disturbances over a majority of the site, and consists primarily of non-native grasslands, with patches of Riversidean sage scrub, mixed ornamental woodland, and sandy wash. The sandy wash habitat is associated with three deeply-incised drainage courses that flow through the site.

Approximately 280.1 acres of the site are within the jurisdictional limits of the City of Banning and approximately 253.7 acres lie within the Sphere of Influence of the City of Banning in unincorporated Riverside County. As part of the Project, an application to the Local Agency Formation Commission (LAFCO) was submitted for Annexation of the 253.7 acres into the City of Banning. The northern portion of the Specific Plan is located within the southern half of Section 7, Township 3 South and Range 1 East. The southern portion of the Specific Plan under is located in the northern half of Section 18, Township 3 South and Range 1 East.
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1.5 DOCUMENT PURPOSE
Authorized by California Government Code § 65450 et seq., a Specific Plan is a tool that is used for the systematic implementation of the General Plan for all or part of the area covered by the General Plan. It effectively establishes a link between implementing policies of the General Plan and the individual development proposals in a defined area.

As such, this document provides the City of Banning with policies and regulations to ensure efficient, orderly development of the subject property in accordance with the City’s adopted General Plan.

The SUNSET CROSSROADS Specific Plan establishes standards for the development of a master planned industrial and general commercial center in the City of Banning. This Specific Plan includes Implementation Regulations relative to land uses and building intensity, as well as Design Guidelines that are intended to provide for innovation in architecture, landscaping, and building arrangements, as future applications submitted within this Specific Plan are proposed to develop within the Specific Plan. All future implementing actions (Design Reviews, Conditional Use Permits, Subdivision Maps, and other similar entitlements) for property located within the boundaries of this Specific Plan are required to be generally consistent with the Implementation Regulations and Design Guidelines set forth in this document and with all applicable City regulations, unless otherwise determined by the Community Development Director. The “Implementation Regulations” of this Specific Plan consist of the General Development Criteria (Section

3.1), Infrastructure Improvement Standards (Chapter 2), Permitted, Conditionally Permitted, Ancillary, and Prohibited Uses (Section 3.2), Development Standards (Sections 3.3 and 3.4), Planning Area Standards (Section 3.5) and Implementation Plan (Section 5) which together constitute the zoning regulations for the SUNSET CROSSROADS Specific Plan. Where conflicts exist between the Implementation Regulations contained in the SUNSET CROSSROADS Specific Plan and those found in the City’s Zoning Ordinance, the standards in this Specific Plan shall take precedence.
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188
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1.6 SPECIFIC PLAN FORMAT
The SUNSET CROSSROADS SPECIFIC PLAN is divided into the following sections: 1) Introduction; 2) Development Plan; 3) Development Standards; 4) Design Guidelines; and 5) Implementation Plan. This SUNSET CROSSROADS SPECIFIC PLAN has been prepared to the provisions of California Government Code §65450, which grants local government agencies the authority to prepare specific plans of development for any area covered by a General Plan for the purpose of establishing systematic methods of implementation of the agency’s General Plan. California Government Code §65450 through §65454 establishes the authority to adopt a Specific Plan, identify the required content of a Specific Plan, and mandate consistency with the General Plan. According to § 65450, a Specific Plan shall include text and a diagram or diagrams which specify all of the following details:

1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the Specific Plan;

2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the Specific Plan;

3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4. A program of implementation measures including regulations, programs, public works projects, and financing measures; and

5. A statement of the relationship of the Specific Plan to the General Plan.

California state law also provides for the inclusion of any other subject that, in the judgement of the local planning agency, is deemed necessary or desirable to implement the General Plan, such as architectural or landscaped design guidelines.

In response to government requirements, this Specific Plan has been prepared to provide the essential link to the policies of the City of Banning General Plan. By functioning as a regulatory document, the SUNSET CROSSROADS SPECIFIC PLAN provides a means of implementing and detailing the City’s General Plan and tailoring its policies to the subject property. This Specific Plan is designed to address site specific issues such as building setbacks and visual appearance, as well as community-wide concerns such as vehicular and non-vehicular circulation, energy conservation, landscaping, and the provision for infrastructure improvements. The SUNSET CROSSROADS SPECIFIC PLAN also ensures that new development meets or exceeds City standards for environmental protection, infrastructure, and aesthetic quality.

1.7 PLANNING APPROACH
The SUNSET CROSSROADS Specific Plan was
created using an integrated, multi-disciplinary
approach. The team assembled to undertake this
project included the City, land planners, civil
engineers, environmental resource specialists,
historians, architects, landscape architects,
geotechnical specialists, hydrology specialists, and
market analysts. This team worked together to
create a comprehensive development plan for the
approximately 533.8-acre site, which provides land
uses that take advantage of the site’s proximity to
access to Interstate 10 and responds to economic
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trends in the City of Banning. The team also took great care to ensure that the Specific Plan is in conformance with the intent, goals and policies set forth by the City of Banning General Plan.

1.8 SPECIFIC PLAN GOALS
A wide range of key issues were reviewed,
analyzed and considered during the preparation
of this Specific Plan. Engineering feasibility,
market acceptance, economic viability, City
General Plan goals, and local community goals
were all considered during the planning
process. Planning and development goals for
the Specific Plan have been established to
ensure the functional integrity, economic
viability, environmental sensitivity, and positive
aesthetic impact of this Specific Plan.

With these specific goals in mind, the following
goals have been established for the SUNSET
CROSSROADS Specific Plan:
 Create a Specific Plan for the development of state-of-the-art commercial and industrial land uses that accommodate a variety of modern industrial, business, hospitality and commercial activities.  Anticipate market demand by providing a mixture of industrial and commercial land uses in a master-planned development that will be marketable and financially profitable within the evolving economic profile of the City of Banning.
 Provide a mix of commercial and industrial uses that create new job opportunities and reduce the need for City residents to commute outside of the City of Banning for employment, thereby improving the City’s jobs to housing ratio.
 Establish a mix of commercial and industrial uses that result in economic benefits to the City through increased sales taxes and other revenue which can be used to provide City services.  Maintain the integrity of the natural environment through the preservation and conservation of open space and natural drainage courses.
 Locate businesses that rely on transportation efficiency in a location offering superior access to the local and regional transportation network.
 Identify capital improvements for potable water, reclaimed water, sewer, drainage and water quality, and circulation facilities that serve planned land uses within and adjacent to SUNSET CROSSROADS.  Establish a unified thematic concept for SUNSET CROSSROADS through design elements such as architecture, monumentation, theme walls, landscaping using a long-range comprehensive planning approach that cannot be accomplished on a parcel-by-parcel basis.  Create a development-wide landscape concept that features drought-tolerant plant materials to provide for an aesthetically pleasing outdoor environment, while minimizing the demand for water resources. 191
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1.9 DISCRETIONARY ACTIONS AND APPROVALS
Because the southern half of the Specific Plan (253.7 acres) is located within the jurisdictional boundaries of the County of Riverside and within the City of Banning’s Sphere of Influence, an Annexation to the City will be required for development within the SUNSET CROSSROADS Specific Plan. A separate action is required by the Riverside County Local Agency Formation Commission (LAFCO) prior to formal Annexation of this portion of the site into the City of Banning. This Specific Plan has been prepared under the authority of the City of Banning Planning Department, which is also the Lead Agency for SUNSET CROSSROADS’ approvals. This document will be used by the City in connection with the following decisions:

City of Banning Planning Commission
 Recommendation to the City Council regarding certification of the Project EIR No. 2021020011.  Recommendation to the City Council adopt the General Plan Amendment No. 20-2504.  Recommendation to the City Council regarding the adoption of Pre-Zoning of Specific Plan No. 20-20000002 by Ordinance.
 Recommendation to the City Council regarding the adoption of a Development Agreement.  Recommendation to the City Council regarding approval of Subdivision Map(s).  Recommendation to the City Council regarding the Annexation of the Specific Plan into the City of Banning.

City of Banning City Council
 Certification of the Project EIR No. 2021020011.
 Adoption by Resolution of General Plan Amendment No. 20-2504.  Adoption by Ordinance of Pre-Zoning of Specific Plan No. 20-20000002.  Approval by Ordinance of a Development Agreement.
 Approval of Subdivision Map(s).
 Approval by Resolution of an Annexation of the Specific Plan into the City of Banning.

Riverside Local Agency Formation Commission (LAFCO)
 Annexation of approximately 254 acres of the Specific Plan site from unincorporated Riverside County into the City of Banning.

Subsequent discretionary actions may include, but not be limited to, Annexations, Final Maps, Conditional Use Permits, Design Reviews, Subdivision Maps, Grading Permits, water and sewer system approvals, encroachment permits, and state and federal resource agency permits and approvals. 192
CHAPTER TWO provides descriptions of the SUNSET CROSSROADS Land Use Plan, the circulation system, and the plans for infrastructure including, but not limited to potable water, recycled water, sewer, drainage and water quality, grading, and fire protection.

DEVELOPMENT
PLAN

2.1 LAND USE PLAN

2.2 CIRCULATION PLAN

2.3 POTABLE WATER PLAN

2.4 RECYCLED WATER PLAN

2.5 SEWER PLAN

2.6 DRAINAGE AND WATER QUALITY PLAN

2.7 GRADING PLAN

2.8 OPEN SPACE PLAN

2.9 FIRE PROTECTION PLAN
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CHAPTER 2 | DEVELOPMENT PLAN

2.1. LAND USE PLAN

2.1.1. DEVELOPMENT CONCEPT
The SUNSET CROSSROADS Specific Plan provides for
the development of a modern Industrial and General
Commercial development on approximately 533.8 acres
(excluding the approximately 21-acre easement for the
Sun Lakes Boulevard Extension). Complemented by a
cohesive architectural and landscape design theme and
within view of commuters along Interstate 10 (I-10),
SUNSET CROSSROADS establishes itself as a premier,
state-of-the-art commerce center within the City of
Banning.

The commercial center provides the City with an
opportunity to develop a gathering site for the community at SUNSET CROSSROADS with a variety of leisure, retail, medical office, professional office, education, wellness, recreation, entertainment, restaurant uses, and other retail uses along with a freeway accessible 125-room hotel and a Travel Center. The project envisions a large communal outdoor gathering space as a primary focal point, which can accommodate a variety of recreational activities.

Sports-oriented activities such as stationary wave surfing, indoor skydiving, indoor go-karting, obstacle gyms, and a large indoor/outdoor climbing wall are examples of potential recreational uses that may develop in the commercial area. It is the mixture of unique wellness-based uses, restaurants, and other commercial uses complimented by outdoor gathering spaces and community focal points that are intended to serve as the core of SUNSET CROSSROADS’ commercial attractions for years to come. Planning Area 1 includes a 125-room hotel of approximately 90,000 square feet.1 The proposed Travel Center would provide access to quick fuel and food options conveniently located adjacent to the I-10. With development of the proposed hotel and Travel Center, the commercial center would accommodate the hospitality needs of visitors to the City, as well as travelers along the I-10 and contribute to the long-term economic vitality of the City by generating sales and transient bed tax revenue.

The industrial part of SUNSET CROSSROADS spreads across 392.0 acres of the site, providing a Maximum Building Square Footage of 5,545,000 square feet of space for manufacturing, storage, warehouse, and various other uses.

Due to the site’s proximity to the Interstate 10 Sunset Avenue interchange, the SUNSET CROSSROADS Specific Plan is particularly well-suited for warehousing and distribution operations, as well as other industrial uses.

With access to the existing major transportation network, SUNSET CROSSROADS establishes a premier location and atmosphere designed to attract economic investment to this part of the City while also creating substantial employment 1 The hotel’s approximate square footage is not included in the Maximum Building Square Footage 268,400 square feet.
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opportunities for City residents. For local residents, employment opportunities close to home mean reduced or eliminated commutes, and an improved quality of life. The high-quality design of SUNSET CROSSROADS includes amenities for employees and visitors, such as parks, recreation-based businesses, a sidewalk system, and outdoor gathering areas.

This SUNSET CROSSROADS Specific Plan includes a detailed Circulation Plan organized to ensure efficient access to individual tenant, open space, and “back of house” areas. Direct access from the I-10 to the Specific Plan circulation system is provided via Sunset Avenue. Lincoln Street provides access to the commercial area and Industrial uses within Planning Area 7. Future Sun Lakes Boulevard Extension (SLB Extension) and Bobcat Road provide access to the Industrial uses. Highland Home Road along the Specific Plan’s western boundary provides connection to the SLB Extension and secondary access to Planning Area 7.

The three natural drainage courses, Smith Creek, Pershing Creek, and Highland Wash, totaling 40.5 acres which traverse the SUNSET CROSSROADS Specific Plan site from northwest to southeast (Planning Areas 13 through 19), are designated Open Space – Resource and will remain undisturbed except for required road and infrastructure crossings. In addition, the 12.5 acres of Open Space – Resource in Planning Area 12 and the 12.6 acres of Open Space – Parks in Planning Area 11, combined with the right of way of Highland Home Road buffers the site’s industrial development from the Sun Lakes community to the west. Planning Area 11 is designated Open Space-Parks and includes a 5.0-acre public park developed with a tot-lot, picnic tables, restrooms and walking trails, while the remainder of the 12.6-acre site is reserved for Open Space and trails. Planning Area 12 establishes 12.5 acres designated Open Space – Resource, which may include a 2.3-acre Reverse Osmosis Facility Site, Fire Station Site, and pedestrian trails.

Additionally, to reduce the effect of its industrial uses on the existing residential community to the west, a minimum 100-foot-wide open space buffer is required between industrial buildings in PA 7 and the western project boundary.

The City may construct an electrical substation at the northwest corner of PA 7, which would be exempt from the 100- foot setback requirement.

The physical arrangement of Land uses, acreages, Planning Areas and the major roadways within the SUNSET CROSSROADS Specific Plan are depicted in the SUNSET CROSSROADS Land Use Plan (Figure 2-1, Land Use Plan). Table 2-1, Land Use Statistical Summary, lists each Planning Area by land use type on the Land Use Plan and provides the General Plan Land Use Designation and acreage for each Planning Area and the overall Maximum Building Square Footage for each General Plan Land Use Designation. Refer to Chapter 3, Development Standards, and the Infrastructure Improvement Standards in Chapter 2 for the Specific Plan Land Use and Implementation Regulations applicable to each Planning Area. Project Implementation information is contained in Chapter 5, Implementation Plan.
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Table 2-1 Land Use Plan Statistical Summary

PA LAND USE DESIGNATION ACRES MAXIMUM BUILDING
SQUARE FOOTAGE1
1 GENERAL COMMERCIAL 47.9 268,400 2, 3
2 INDUSTRIAL 33.8
5,545,000
3 INDUSTRIAL 7.8
4 INDUSTRIAL 194.3
5 INDUSTRIAL 66.3
6 INDUSTRIAL 28.1
7 INDUSTRIAL 25.8
8 INDUSTRIAL 16.2
9 INDUSTRIAL 3.3
10 INDUSTRIAL 16.4
INDUSTRIAL SUBTOTAL 392.0
DEVELOPMENT TOTAL 439.9 5,813,400
11 OPEN SPACE - PARKS 12.6
N/A
12 OPEN SPACE - RESOURCE 12.5
13 OPEN SPACE - RESOURCE 7.5
14 OPEN SPACE - RESOURCE 7.1
15 OPEN SPACE - RESOURCE 6.0
16 OPEN SPACE - RESOURCE 4.8
17 OPEN SPACE - RESOURCE 4.1
18 OPEN SPACE - RESOURCE 3.3
19 OPEN SPACE - RESOURCE 7.7
OPEN SPACE - RESOURCE SUBTOTAL 53.0
OPEN SPACE TOTAL 65.6
CIRCULATION 28.3
PROJECT TOTAL 533.84 5,813,400
Notes:
1 Maximum Building Square Footage is a combined total for each Land Use Designation and is not calculated on a Planning Area-by-Planning Area basis. Maximum Building Square Footage is defined as the total square footage of all floors in structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof.
2 Planning Area 1 is anticipated to include a 125-room limited-service hotel (approximately 90,000 square feet). The 90,000 square feet of hotel use is not counted as part of the General Commercial’s 268,400 Maximum Building Square Footage. With the hotel’s approximately 90,000 square feet, the approximate total square footage in Planning Area 1 would be 358,400 square feet. The total square footage of Planning Area 1 excludes the fuel pump area and the hotel square footage (approximately 90,000 square feet) because the project’s traffic analysis for the commercial site estimates traffic based on square footage, while the traffic analysis for hotels is based on the number of rooms. 3 Buildings associated with the Travel Center are included in the maximum 268,400 square feet, but fuel pump areas are not. 4 Excludes the approximately 21-acre easement for the Sun Lakes Boulevard Extension. 196
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2.1.2. LAND USE SUMMARY
This Specific Plan Land Use Plan establishes four (4) General Plan Land Use Designations: General Commercial (GC), Industrial (I), Open Space – Parks (OS-P), and Open Space – Resource (OS-R). The SUNSET CROSSROADS Specific Plan is divided into 19 “Planning Areas,” precise geographic areas to which identified Development Standards (Chapter 3), Design Guidelines (Chapter 4) and Implementation Regulations (Chapter 5), are uniformly applied.

The SUNSET CROSSROADS Specific Plan provides for a maximum building space of approximately 5,813,400 square feet and establishes: General Commercial uses on 47.9 acres with a Maximum Building Square Footage of 268,4000 square feet of building space (excluding approximately 90,000 square feet of hotel), Industrial uses on approximately 392.0 acres with a Maximum Building Square Footage of 5,545,000 square feet of building space, and 65.4 acres of Open Space land uses including 12.6 acres of Open Space – Parks and 53.0 acres of Open Space – Resource, which facilitate the existing natural drainage of the site, and 28.3 acres of Circulation.

2.1.3. GENERAL COMMERCIAL (GC) – 47.9 ACRES
Planning Area 1 is an approximately 47.9-acre district permitting a wide range of commercial uses, which may include leisure, retail, medical office, professional office, education, wellness, recreation, entertainment restaurant and other retail uses along with a freeway accessible 125-room hotel and a complete Travel Center including retail and convenience sales, a drive-through fast food restaurant, 20 vehicle fueling stations and commercial fueling stations.

SUNSET CROSSROADS is designed to be a regional commercial and entertainment attraction, providing multigenerational destinations such as activity and wellness-based retail uses including but not limited to stationary wave surfing, indoor skydiving, indoor go-karting, obstacle gyms, and a large indoor/outdoor climbing wall, yoga studios, dance studios and other athletic activities. Sit-down restaurants (with patio areas), a food hall and specialty retail uses that will orient inwards to central open space areas would allow for outdoor activities (i.e., walking paths, grass areas, outdoor displays, benches) or could be used by on-site vendors/concessionaires and as connections between uses along with an internal system of pedestrian walkways. Because the buildings in the commercial and industrial areas of the Development Site will be leased to third parties, the Specific Plan provides for a range of allowable uses.

Therefore, while the uses described above may be developed under the Specific Plan, the Specific Plan does not require these uses to be implemented and any of the commercial land uses listed in Table 3-1 are consistent with the Specific Plan and allowed uses so long as the City determines that the environmental impacts of such uses do not increase the project’s environmental impacts evaluated in the Sunset Crossroads Specific Plan EIR or supplemental environmental analysis is performed as required
by CEQA. The full list of Permitted, Conditionally
Permitted, Ancillary, and Prohibited Uses in this
Planning Area is provided in Chapter 3,
Development Standards. In addition to providing
a unique location for the intended leisure,
hospitality, and recreational activities, the General
Commercial uses within Planning Area 1 provide
increased employment opportunities for the City’s
residents, improves the City’s jobs-to-housing
balance, and may reduce residents’ commute
times, while the addition of retail, recreation
commercial, and travel and hospitality uses and
other permitted uses contribute to the City’s sales
tax base.
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The Implementation Regulations and Design Guidelines set forth in this Specific Plan require buildings in Planning Area 1 to be arranged and designed in a contemporary, pedestrian friendly manner, so that the buildings are inviting and softened by pedestrian scale components and landscape design.

2.1.4. INDUSTRIAL (LI) – 392.0 ACRES
Planning Areas 2 through 10 provide for development of a Maximum Building Square Footage of 5,450,000 square feet of industrial land uses within approximately 392.0 acres within. The acreages for Planning Areas 2 through 10 are provided on Table 2-1, Land Use Plan Statistical Summary. The Specific Plan will take advantage of its proximity to the Sunset Avenue interchange at I-10 to facilitate the development of warehousing, distribution, manufacturing and other industrial uses such as general light industrial, manufacturing, parcel hub, warehouse/storage, truck/trailer parking and storage, RV storage, high cube warehouse, cold storage, cold storage warehouse, fulfillment center, and e-commerce operations. To accommodate future tenants, the Specific Plan allows the size of individual buildings to vary within an established range (increasing or decreasing by up to 20%) however, the overall square footage of buildings in the industrial Planning Areas are capped at 5.545 million square feet. Direct access to the proposed industrial uses is provided from Sunset Avenue via Lincoln Street and a variety of internal driveways, Highland Home Road, the SLB Extension, and Bobcat Road (upon completion of the Future Sunset Avenue Bridge). Bobcat Road may be required for secondary access or fire access at earlier project phases.

The Industrial building sites within the Development Project may include outdoor employee break areas with tables affixed to the ground to provide employees with a location to eat, gather, and enjoy being outside. Shading of these areas may be achieved through a combination of shade trees, umbrellas, or man-made shade structures. Other recreational amenities within the Industrial areas may include pedestrian walkways, seating areas, overhead structures, and open space areas. Development of the Industrial Planning Areas shall be subject to the applicable Infrastructure Improvement Standards, Development Standards and Planning Area Standards set forth in the Specific Plan.

Because the buildings in the industrial areas of the Development Site will be leased to third parties, it is not possible to specifically define the uses at this time and therefore the Specific Plan provides for a range of allowable uses.

Therefore, while the uses described above may be developed under the Specific Plan, the Specific Plan does not require these uses to be implemented and any of the industrial land uses listed in Table 3-1 are consistent with the Specific Plan and allowed uses so long as the City determines either that such uses do not increase the project’s environmental impacts evaluated in the Sunset Crossroads Specific Plan EIR (or in additional supplemental environmental analysis previously performed by the City) or the City performs supplemental analysis as required by CEQA. The full list of Permitted, Conditionally Permitted, Ancillary, and Prohibited Uses in Planning Areas 2-10 are provided in Chapter 3, Development Standards, of the Specific Plan.

2.1.5. PUBLIC FACILITIES
SUNSET CROSSROADS provides location for a 1.0-acre Electrical Substation Site in the northwest corner of Planning Area 7, a 2.3-acre Reverse Osmosis Facility Site and Future Fire Station Site in Planning Area 12, and a Potable Water Reservoir Site in Planning Area 3.

2.1.6. PLANNING AREA 11 OPEN SPACE-PARKS (OS-P) – 12.6 ACRES Planning Area 11 designates 12.6 acres of Open Space-Parks located at the northeast corner of Highland Home Road and the SLB Extension, including a 5.0-acre passive public park, with the remainder of the 12.6-acre site is reserved for Open Space and trails. As illustrated on Figure 4-4, Conceptual Park Plan (PA 11), the park may provide recreational amenities including, but not limited to a tot lot playground, picnic tables, walking paths, parking, and restrooms, parking lot and security lighting. Open field areas are provided next to the playground and picnic tables, along with a looped walking path which winds through the recreational area surrounded by trees and landscaping. 199
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2.1.7. PLANNING AREA 12 OPEN SPACE-RESOURCE (OS-R) – 12.5 ACRES Approximately 12.5 acres of the site (Planning Area 12) are reserved for passive open space uses which may include trails. Planning Area 12 may also include a 2.3-acre Reverse Osmosis Facility Site and a Future Fire Station Site. No other development is permitted in Planning Area 12.

2.1.8. PLANNING AREAS 13-19 OPEN SPACE-RESOURCE (OS-R) – 40.5 ACRES Approximately 40.5 acres of the site (Planning Areas 13 through 19) contain three (3) existing natural drainage watercourses, Smith Creek, Pershing Creek, and Highland Wash, which traverse the Specific Plan in a northwesterly to southeasterly direction. To preserve these areas, they are designated Open Space – Resource and no development or land uses are permitted, except those activities required to cross these areas with roads (Lincoln Street, Highland Home Road) and utilities.

2.2. CIRCULATION PLAN
The SUNSET CROSSROADS Circulation Plan provides direct, safe, and convenient access for visitors, employees, and goods to and from the Specific Plan through a safe and efficient network of roadways.

The project is situated in close proximity to the regional transportation network which connects the site to the Ports of Long Beach and Los Angeles, both major gateways for international trade, the Inland Empire and Coachella Valley, and the Western United States. As illustrated on Figure 2-2, Conceptual Circulation Plan, regional access to SUNSET CROSSROADS is provided via I-10 from the Sunset Avenue interchange located approximately ¼ mile to the northeast of the Specific Plan. The site is approximately 3.5 miles east of the junction of CA-60 Freeway and Interstate 10 and approximately 22 miles east of Interstate 215. Primary local access to the SUNSET CROSSROADS Specific Plan from the north and south is provided via Sunset Avenue which forms the site’s eastern boundary. Additional access is provided by Bobcat Road which forms the site’s southern boundary and from Highland Home Road, which forms the site’s western boundary.

Sunset Avenue will provide access to the entire site via Lincoln Street and the SLB Extension. Access to Planning Area 1 is provided by Lincoln Street. Direct access to Planning Areas, 2, 3, and 4 is provided by Sunset Avenue. Access to Planning Areas 6, and 7 is provided from the south by Lincoln Street. Access to Planning Areas 2, 5, and 8 is provided from the north by Lincoln Street and by the SLB Extension to the south. Planning Areas 9 and 10 have access from the SLB Extension. Planning Areas 11 and 12 are accessible from the SLB Extension. Access to Planning Area 4 relies on the combination of Sunset Avenue (south of PA 15) and Bobcat Road, or the combination of Sun Lakes Boulevard Extension and Bobcat Road to achieve the required two points of access, and may not be developable until two points of access are available. The land within SLB Extension is subject to an existing or future right of way easement in favor of the City and will become City right-of-way upon Annexation of the southern portion of the site into the City, and is excluded from the Specific Plan regulations (Not A Part). The SLB Extension will incorporate the current right-of-way of Westward Avenue. Construction of the SLB Extension is under the control of the City and could be constructed by the City or by third parties designated by the City as a separate project. 200
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1. Sunset Avenue (Interstate 10 to Lincoln Street) – Arterial Highway (110’ ROW) As depicted on Figure 2-2, Conceptual Circulation Plan, the primary access point for SUNSET CROSSROADS is Sunset Avenue, which connects the site to the regional transportation network. The segment of Sunset Avenue between Interstate 10 and the SLB Extension is designated by the City General Plan as an Arterial Highway (110’ ROW) and forms the project’s eastern boundary. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 110-foot of right of way comprising Sunset Avenue consists of 68 feet of paving, an 18-foot-wide center raised or painted median, with a 4-foot-wide landscaped parkway and 8-foot-wide parkway-adjacent sidewalk on the west side of the street, and an 8-foot-wide curb-adjacent sidewalk and 4-foot-wide landscaped parkway on the east side of the street. An eight-foot-wide Class II bike lane is provided on both sides of the paving, adjacent to the curb. As a result of the westward shift in alignment of Sunset Avenue between Lincoln Street and SLB Extension, the alignment in this location will also shift to the west from the existing centerline.

2. Sunset Avenue (Lincoln Street to SLB Extension) – Modified Secondary Highway (110’ ROW) As depicted on Figure 2-2, Conceptual Circulation Plan, the segment of Sunset Avenue between Lincoln Street and the SLB Extension is designated as a Modified Secondary Highway (110’ ROW). As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 110-foot of right of way comprising Sunset Avenue consists of 68 feet of paving, an 18- foot-wide center raised or painted median, with a 4-foot-wide landscaped parkway and 8-foot-wide parkway-adjacent sidewalk on the west side of the street, and a 4-foot-wide parkway and 8-foot-wide parkway-adjacent sidewalk on the east side of the street. An eight-foot-wide Class II bike lane is provided on both sides of the paving, adjacent to the curb. To address traffic noise impacts along Sunset Avenue, the alignment of this portion of Sunset Avenue is shifted to the west from its previously proposed location to provide additional distance from sensitive receptors east of Sunset Avenue. More specifically, the centerline of Sunset Avenue between Lincoln Street and Sun Lakes Boulevard would be adjusted 42 feet to the west from the existing centerline with implementation of the Development Project, new centerline being 72 ft from the nearest residential property line and 115 ft from the school at the MSJC Site. The resulting 17 feet of excess right of way to the east may be landscaped.

3. Sunset Avenue (SLB Extension to Bobcat Road) – Secondary Highway (88’ ROW) As depicted on Figure 2-2, Conceptual Circulation Plan, the segment of Sunset Avenue between the SLB Extension and Bobcat Road is designated by the City General Plan as a Secondary Highway (88’ ROW). As shown in Figure 2- 3, Conceptual Roadway Cross-Sections, the 88-foot of right of way comprising Sunset Avenue consists of 64 feet of paving with a 4-foot-wide landscaped parkway and 8-foot-wide parkway-adjacent sidewalk provided on both sides of the street. As a result of the westward shift in alignment of Sunset Avenue between Lincoln Street and SLB Extension, the alignment in this location will also shift to the west from the existing centerline.

4. Bobcat Road – Divided Collector Street (78’ ROW)
As depicted on Figure 2-2, Conceptual Circulation Plan, Bobcat Road is designated as a Divided Collector Street (78’ ROW) and forms the project’s southern boundary along the south side of Planning Area 4. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 78-foot of right of way comprising Bobcat Road consists of 56 feet of paving with a 6-foot-wide landscaped parkway and a 5-foot-wide parkway-adjacent sidewalk on the south side of the street, and a 6-foot-wide curb-adjacent sidewalk and 5-foot-wide landscaped parkway on the north side of the street. The Specific Plan and future applications submitted within this Specific Plan will dedicate and construct the northern halfwidth plus 10’ improvements of Bobcat Road along the project frontage.

To address the potential for impacts to residences on the other side of Bobcat Road from on-site Development Project operations, on-site project operations are revised to require:
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1. Cold storage equipment previously allowed on industrial building rooftops will be shielded or relocated to the ground floor; and

2. Construction of 10 ft high “wing walls” on the south end of warehouse buildings in Planning Area 4, and 6 ft high walls that surround the automobile parking lots south of warehouse buildings in Planning Area 4 as depicted in the SoundPLAN printouts in Attachment A to the Supplemental Noise Analysis (Final EIR, Appendix I-2, Attachment A).

5. Lincoln Street – Divided Collector Street (78’ ROW)
As depicted on Figure 2-2, Conceptual Circulation Plan, Lincoln Street is designated as a Divided Collector Street (78’ ROW) within the project, providing access to the project site from Sunset Avenue. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, the 78-foot of right of way comprising Lincoln Street consists of 56 feet of paving with a 6- foot-wide landscaped parkway and 5-foot-wide parkway-adjacent sidewalk on the south side of the street and a 6-footwide curb-adjacent sidewalk and 5-foot-wide landscaped parkway on the north side of the street. An eight-foot-wide Class II bike lane is provided on both sides of the paving, adjacent to the curb. The Specific Plan and future applications submitted within this Specific Plan will construct full-width improvements along the length of Lincoln Street on the project site. Lincoln Street will cross two existing natural drain courses via box culverts to be constructed by the project and maintained by the City. In Planning Area 7, a 24’-wide Secondary Access Connection will link Lincoln Street to Highland Home Road via a private roadway.

6. Highland Home Road (north of SLB Extension)– Modified Secondary Highway (66’ ROW) As depicted on Figure 2-2, Conceptual Circulation Plan, the segment of Highland Home Road north of the SLB Extension is designated as a Modified Secondary Highway (66’ ROW) within the project. Highland Home Road forms a portion of the Specific Plan’s western boundary. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, Highland Home Road consists of a 66-foot of right of way within a 110-foot dedication. The Specific Plan and future applications submitted within this Specific Plan will dedicate the full 110-foot width of Highland Home Road as from the existing eastern property boundary of the Sun Lakes community. The Specific Plan will construct the full width (66 feet) of Highland Home Road with a 5-foot-wide curb-adjacent sidewalk, a 6-foot-wide landscaped parkway, and 44 feet of paving along the western boundary of the right of way, from the SLB Extension to Planning Area 7, where it will terminate in a cul-de-sac and provide secondary access to Planning Area 7 via a 24’ wide Secondary Access Connection.

7. Highland Home Road (south of SLB Extension)– Modified Collector Street (66’ ROW) As depicted on Figure 2-2, Conceptual Circulation Plan, the segment of Highland Home Road south of the SLB Extension is designated as a Modified Collector Street (66’ ROW) within the project. Highland Home Road forms a portion of the Specific Plan’s western boundary. As shown in Figure 2-3, Conceptual Roadway Cross-Sections, Highland Home Road consists of a 66-foot right of way within a 110-foot dedication. The Specific Plan and future applications submitted within this Specific Plan will dedicate the full 110-foot width of Highland Home Road from the existing eastern property boundary of the Sun Lakes community. The Specific Plan will construct the remaining halfwidth (33 feet) of Highland Home Road including a 5-foot Class III bikeway, a 6-foot-wide curb-adjacent sidewalk, and a 5-foot-wide landscaped parkway to complete the road section based on existing curb location adjacent to the Sun Lakes Community, from the southwest corner of PA 12 to the SLB Extension. Truck traffic shall be restricted on Highland Home Road south of the SLB Extension.
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2.2.1. CIRCULATION IMPROVEMENT STANDARDS

1. The on-site system depicted on Figure 2-2, Conceptual Circulation Plan, shall serve as the preliminary roadway plan for implementing development.

2. Roadway alignments, designations, widths identified in the Specific Plan are subject to detailed engineering review and approval by the City Engineer and must comply with all conditions of approval of the Specific Plan and any Subdivision Map(s).

3. The Developer applying for an application submitted within this Specific Plan (Design Review or Conditional Use Permit) shall install traffic control measures per the recommendations of the project’s Traffic Study or participate in the phased construction of traffic signals as determined by the City Engineer.

4. Driveways and access point locations, as shown in this Specific Plan, are conceptual until approved by the City Engineer (if necessary) and shall conform to the City’s standard intersection spacing and access spacing, depending upon the street's classification.

5. Sight distances shall be reviewed by the City Engineer in conjunction with the preparation of grading, landscaping, and street improvement plans. This review shall ensure that setbacks allow for clear unobstructed sight distances at intersections.

6. Landscape requirements in roadway rights-of-way shall generally be in accordance with the Roadway Landscape Treatments as depicted in Chapter 4.

7. Landscaping within public road rights-of-way will require approval by the City of Banning and will be maintained by the Property Owner via a Property Owners’ Association or similar mechanism.

8. All applicable Transportation Uniform Mitigation Fees (TUMF) shall be paid in accordance with Chapter 15.76 of the City of Banning Zoning Ordinance (Western Riverside County Transportation Uniform Mitigation Fee Program).

The transfer of TUMF credits between Planning Areas and their respective owners is permitted by this Specific Plan.

9. Construction of the SLB Extension is a City Project, and the SUNSET CROSSROADS project is not required to construct the SLB Extension. The Developer of Sunset Crossroads may, at their own discretion, and subject to one or more agreements with City, construct all or a portion of the SLB Extension.

10. A detailed Traffic Impact Analysis shall be prepared for the project. Recommendations for intersection configurations, traffic control devices, or roadway segment and lane requirements within the property or adjacent frontage shall be the full responsibility of the project. However, fair share contributions shall be permissible for offsite improvements.

11. All mitigations identified in the project EIR/MMRP shall be complied with.

12. Street and utility infrastructure shall be installed such that future phases of work do not require trenching in new roadways. A pavement moratorium of 5 years will be implemented on all facilities accepted for maintenance by the City of Banning. If additional work for the project is required in existing roadways, the applicant will fully grind and overlay the entire roadway cross section.
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2.3. POTABLE WATER PLAN
Adequate potable water service infrastructure is provided for SUNSET CROSSROADS using existing, planned and proposed potable water facilities. The Specific Plan is subject to the design requirements of the City of Banning Public Works Department and the demand criteria guidelines outlined in the City’s Integrated Master Plan (IMP).

As shown on Figure 2-4, existing potable water lines within Pressure Zone 2721 exist in Sunset Avenue (24”) and in the right-of-way of the future SLB Extension (18”). The proposed Potable Water Plan creates a looped system to serve the project site by constructing the following proposed improvements as depicted in Figure 2-4, Conceptual Potable Water Plan, and include the following improvements:
 A proposed 8” water line located in Lincoln Street and within Planning Area 7 to serve the Industrial and General Commercial uses located north of the SLB Extension. This proposed 8” water line connects to the existing 24” water line located in Sunset Avenue and to the proposed 8” water line in Highland Home Road.  A proposed 8” water line located in Highland Home Road from the 18” water line located in the SLB Extension to the vicinity of the potential Electrical Substation in Planning Area 7, with a connection to the proposed 8” line in Lincoln, forming a looped system.
 A proposed 8” water line located in Bobcat Road with a point of connection to the proposed 8” line in Sunset Avenue.
 Proposed 8” water line located within Planning Area 4 to connect the existing 18” water line in the SLB Extension to the proposed 8’ water line in Bobcat Road.

The locations, alignments, and sizes of facilities shown on Figure 2-4 are conceptual. Precise locations, alignments and sizes of potable water facilities will be determined at Specific Plan implementation. The locations, alignments, and sizes of facilities identified in this document may change, subject to the approval of City of Banning. Modifications to the alignments, locations, and sizes of facilities shown in the Specific Plan which are reviewed and approved by the City Engineer as part of the review and approval of an applications submitted within this Specific Plan, do not require modifications to the Specific Plan document.

2.3.1. POTABLE WATER IMPROVEMENT STANDARDS
(1) All Potable Water lines shall be placed underground. (2) All Potable Water lines and facilities shall be designed in accordance with the requirements of the City of Banning. (3) The Specific Plan’s Potable Water distribution system shall provide adequate flows for fire protection in accordance with requirements of the Riverside County Fire Department. (4) Proposed Potable Water facilities to be maintained by the City of Banning shall be placed within public utility easements or public rights-of-way, which shall include rights for the City of Banning. (5) The Potable Water infrastructure system shall be installed to the requirements of the City of Banning. (6) Construction of potable water lines should be linked to the construction of each phase of development. Installation of potable water lines should be linked to the construction of roadways in which the lines are located, and the need to service individual applications submitted within this Specific Plan as they come online. 206
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(7) Applicant will provide to the City of Banning a potable water reservoir site within Planning Area 3 at a predetermined elevation. Site shall be provided to accommodate a 1.5 million gallon potable water reservoir, and reviewed by the City Engineer prior to dedication and acceptance. 207
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2.4. RECYCLED WATER PLAN
The SUNSET CROSSROADS Specific Plan is served by a recycled water system consisting of existing, planned and proposed recycled water lines. The Specific Plan recycled water system is subject to the design requirements for the City of Banning Public Works Department and the demand criteria guidelines outlined in the City’s Integrated Master Plan (IMP).

As depicted in Figure 2-5, a 24” recycled water line exists in Sunset Avenue from Lincoln Street to the SLB Extension and a 24” recycled water line exists within the SLB Extension easement area. Future non-potable Well R1 on Westward Avenue near the City’s wastewater treatment facility plant will be the source for the SUNSET CROSSROADS project site, once completed. The well and its respective facilities are in design and under construction. The proposed recycled water facilities required to serve the Specific Plan are depicted in Figure 2-5, Conceptual Recycled Water Plan and include the following improvements:
 A proposed 8” recycled water line in Lincoln Street connects to the existing 24” recycled water line in Sunset Avenue and services the development north of the SLB Extension.  A proposed 16” recycled water line in Sunset Avenue (between Bobcat and the SLB Extension) connects to the existing 24” line in the SLB Extension.
 Development south of the SLB Extension would connect to the existing 24” recycled water line in the SLB Extension or the proposed 16” line in Sunset Avenue.

The locations, alignments, and sizes of facilities shown on Figure 2-5 are conceptual. Precise locations, alignments and sizes of recycled water facilities will be determined at Specific Plan implementation. The locations, alignments and sizes of facilities identified in this document may change, subject to the approval of City of Banning. Modifications to the alignments, locations, and sizes of facilities shown in the Specific Plan which are reviewed and approved by the City Engineer as part of the review and approval of an application submitted within this Specific Plan, do not require modifications to the Specific Plan document.

2.4.1. RECYCLED WATER IMPROVEMENT STANDARDS
(1) All Recycled Water lines shall be placed underground. (2) All Recycled Water lines and facilities shall be designed in accordance with the requirements of the City of Banning. (3) Proposed Recycled Water facilities to be maintained by the City of Banning shall be placed within public utility easements or public rights-of-way which shall include rights for the City of Banning. (4) The Recycled Water infrastructure system shall be installed to the requirements of the City of Banning. (5) Construction of recycled water lines shall be linked to the construction of each phase of development. Installation of recycled water lines shall be linked to the construction of roadways in which the lines are located, and the need to service individual applications submitted within this Specific Plan as they come online. 209
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2.5. SEWER PLAN
The SUNSET CROSSROADS Specific Plan is served by a sewer system consisting of existing, planned and proposed sewer lines. The Specific Plan is subject to the design requirements for the City of Banning Public Works Department and the demand criteria guidelines outlined in the City’s Integrated Master Plan (IMP).

As depicted on Figure 2-6, sewer lines exist in the SLB Extension (12”) and along the westside Planning Areas 13 and 14 (15”). The existing 12” sewer line in the SLB Extension flows until it reaches the SLB Extension Lift Station, where wastewater is conveyed through an existing 10” force main toward the existing manhole at the intersection of Sunset Avenue and the SLB Extension. The proposed sewer system facilities required to serve the Specific Plan are depicted in Figure 2-6, Conceptual Sewer Plan and include the following improvements:
 A proposed 8” gravity sewer line connects to a proposed 12” gravity sewer line within Lincoln Street  A proposed 12” gravity sewer line along Sunset Avenue from Lincoln Street to just south of the SLB Extension, connects to the existing sewer system at the existing manhole at the intersection of Sunset Avenue and the SLB Extension. There is no connection between this proposed line and the existing 15” line along Planning Areas 13 and 14.
 Development in the Planning Areas north of Lincoln Street, and Planning Areas 2 and 3 connect to the proposed 8” and 12” lines in Lincoln Street.
 Development in Planning Area 5 will connect to the existing 15” line along the western boundary of Planning Areas 13 and 14.
 Development in Planning Areas south of the SLB Extension will connect to the existing 12” line in the SLB Extension.

The locations, alignments, and sizes of facilities shown on Figure 2-6 are conceptual. Precise locations, alignments, and sizes of sewer facilities will be determined at Specific Plan implementation. The locations, alignments, and sizes of facilities identified in this document may change, subject to the approval of City of Banning. Modifications to the alignments, locations, and sizes of facilities shown in the Specific Plan which are reviewed and approved by the City Engineer as part of the review and approval of an application within this Specific Plan, do not require modifications to the Specific Plan document.

2.5.1. SEWER IMPROVEMENT STANDARDS
(1) All sewer lines shall be placed underground.
(2) All sewer lines and facilities shall be designed in accordance with the requirements of the City of Banning. (3) All new sewer facilities to be maintained by the City of Banning shall be placed within public utility easements or public rights-of way-which shall include rights for the City of Banning. (4) The sewer infrastructure system shall be installed to the requirements of the City of Banning. (5) Construction of sewer lines shall be linked to the construction of each phase of development. Installation of sewer lines shall be linked to the construction of roadways in which the lines are located, and the need to service individual application within this Specific Plan as they come online. (6) Prior to issuance of first occupancy permit, project shall demonstrate that adequate sewer capacity exists to serve the project.
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(7) City of Banning master plans identify the future removal of the Westward Lift Station and replacement of that facility with a sewer trunk main through an easement in Planning Area 4 for the eventual connection to an off-site new sewer trunk main (by others). The project shall design and install a portion of the dry sewer trunk main to allow for this eventual conversion. If the off-site downstream trunk main is installed (by others) prior to the project being completed, the project shall abandon the lift station and connect to the new trunk main. 212
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2.6. DRAINAGE AND WATER QUALITY PLAN
SUNSET CROSSROADS lies within the San Gorgonio Pass sub-basin in the northwest region of the Whitewater River Watershed. The SUNSET CROSSROADS Specific Plan is located within a grassland valley, with three natural drainage courses traversing the site. The project is subject to a local land use authority onsite retention standard (required by the Riverside County Flood Control & Water Conservation District per the Riverside County Watershed Protection Program for the Whitewater Region), which requires that the project retain 100% of the 100-year, 3-hour storm event.

Planning Areas have been established in recognition of the natural drainage course in the eastern portion of the site in Planning Areas 13, 14, and 15 and the western drainage courses in Planning Areas 16, 17, 18, and 19 and have been designated for Open Space – Resource and restricted from development. The natural drainage courses flow northwest to southeast through the Specific Plan area. The 100-year flood zone continues along the entire flow path of the three existing drainage courses within the Specific Plan. No portion of the site is to be developed within a FEMA mapped Flood Plain.

The existing drainage courses include off-site areas north of I-10 which begin in the San Bernardino Mountains and flow south under Interstate 10 and the Union Pacific Railroad by an existing 8’x7’ arch box culvert and existing 12’x10’ arch box culvert, and outlets southerly to the existing drainage courses, where the SUNSET CROSSROADS Specific Plan is located. The western natural drainage course is comprised of two drainage channels, Smith Creek and Highland Wash, in the northern half of the project that confluence near the SLB Extension. The eastern natural drainage course, Pershing Creek, flows from the middle center of the northern boundary of the site. All natural drainage courses eventually confluence outside of the project limits, and these natural drainages continue to flow east until they confluence with the San Gorgonio River and ultimately join the Whitewater River.

As shown on Figure 2-7, Conceptual Drainage and Water Quality Plan, the proposed drainage system will consist of storm drainpipes, reinforced concrete pipes (RCP) ranging in size from 12” to 42”, and fifteen (15) Water Quality Management Plan basins on-site:
 Two basins in Planning Area 2;
 One basin in Planning Area 3;
 Five basins in Planning Area 4;
 Three basins in Planning Area 5;
 One basin in Planning Area 6;
 One basin in Planning Area 7;
 One basin in Planning Area 8; and
 One basin in Planning Area 10
The drainage system routes the runoff from the proposed impervious surfaces to these proposed stormwater treatment and mitigation basins and each basin provides stormwater treatment and peak flow mitigation for their respective tributaries via RCP facilities.

Two (2) 10’ x 10’ reinforced concrete box (RCB) facilities are proposed for the bridge crossings at Lincoln Street to preserve the existing natural drainage courses of the site. 214
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The SUNSET CROSSROADS Specific Plan is subject to a local land use authority onsite retention requirement per the Riverside County Whitewater River Region Stormwater Quality Best Management Practice Design Handbook for Low Impact Development. The project shall implement LID principles per County standards throughout the site for storm water treatment and mitigation. Flood protection facilities will be designed in accordance with the requirements of the Riverside County Flood Control and Water Conservation District (RCFCWCD) and with adequate access easements and facilities provided. The location and size of facilities identified in this document may change, subject to the approval of the RCFCWCD.

The locations, alignments, and sizes of facilities shown in Figure 2-7 are conceptual. Precise locations, alignments, and sizes of drainage facilities will be determined at Specific Plan implementation. The locations, alignments, and sizes of facilities identified in this document may change, subject to the approval of City of Banning. Modifications to the alignments, locations, and sizes of facilities shown in the Specific Plan which are reviewed and approved by the City Engineer as part of the review and approval of an application within this Specific Plan do not require modifications to the Specific Plan document.

2.6.1. DRAINAGE AND WATER QUALITY IMPROVEMENT STANDARDS (1) All drainage and storm drain facilities shall be maintained by the City of Banning, Master Property Owners’ Association, and/or other maintenance entity (pursuant to Table 5-1, Maintenance Responsibilities). All water quality and detention basins will be maintained by Master Property Owners’ Association, Property Owners’ Association, and/or Sub-Association.
(2) All public storm drains greater than 36” in diameter and structures proposed for maintenance by Riverside County Flood Control and Water Conservation District (RCFCWCD) shall be designed and constructed to RCFCWCD standards. All plan sets related to any RCFCWCD facilities shall be reviewed, checked, and approved by said District prior the recordation of the applicable final map. (3) Drainage, storm drain, and flood control facilities and improvements shall be provided in accordance with City of Banning requirements to provide protection against flood hazard risks resulting from a 100-year storm event. (4) A National Pollutant Discharge Elimination System (NPDES) permit from the Regional Water Quality Control Board (RWQCB) shall be obtained prior to the commencement of construction and operational activities. The permits will require the Developer to implement source control and structural best management practices (BMPs) during and after construction activities. The City will be responsible for enforcing implementation of the BMPs. (5) This Specific Plan and future application submitted within this Specific Plan shall comply with the Water Quality Control Plan of the Regional Water Quality Control Board, Santa Ana Region. (6) Construction of drainage and storm drain facilities shall be linked to the construction of each phase of development.

Installation of drainage and storm drain facilities shall be linked to the construction of roadways in which the lines are located, and the need to service individual applications submitted within this Specific Plan as they come online. (7) All wildlife and conservation agency permits are the responsibility of the project and shall be provided to the City of Banning prior to the issuance of any grading permit in each phase in which wildlife or agency permits are required.
(8) Phased projects shall comply with drainage and water quality standards in effect at the time permits are requested. 215
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2.7. GRADING PLAN
The SUNSET CROSSROADS Specific Plan is located within a grassland valley, with three natural drainage courses traversing the site in Planning Areas 13, 14, and 15 on the east and Planning Area 16, 17, 18, and 19 on the west. The conceptual grading design provides an overall balanced earthwork condition with approximately 2,266,112 cubic yards (CY) of cut and approximately 2,118,698 CY of fill. The grading of the Specific Plan is anticipated to occur in two (2) phases: 1) north of SLB Extension, and 2) south of SLB Extension. No import or exporting of earthwork is anticipated, however, earthwork may be transferred between the two (2) grading phases.

No project associated grading is proposed in Planning Areas 13 through 19, except for grading required for the construction of Lincoln Street. Other than passive open space areas, which may include trails, a Reverse Osmosis Facility Site, and/or a potential future fire station, no other grading or development is anticipated for Planning Area 12.

All other Planning Areas will be graded to accommodate large generally flat pads suitable for building, park, and parking construction.

The proposed grading will result in elevations ranging from approximately 2,515 feet above mean sea level (MSL) in the northwest portion of the Specific Plan in Planning Area 7 to 2,415 feet above MSL at the bottom of a basin in the southwest portion of the Specific Plan in Planning Area 4. Grading construction will be done consistent with the recommendations of a Geotechnical Engineer and the City of Banning.

2.7.1. GRADING IMPROVEMENT STANDARDS
(1) All grading activities shall conform to the City of Banning standards, and the California Building Code. (2) Grading of the Specific Plan may occur in one (1) phase, or in sub-phases, provided that adequate infrastructure and access is available to serve the Specific Plan.
(3) Site grading, retaining wall design and construction shall be done consistent with the recommendations of a Geotechnical Engineer and the City of Banning Building and Safety Department. (4) Contour grading, slope rounding, and land forming shall be used, as appropriate and practical, to grade roadways and edge conditions into natural configurations consistent with the natural topography of the site. (5) A project-specific Master Grading Plan, and individual grading plans and stockpile/ borrow site plans for Planning Areas or phases shall govern such activity.
(6) Prior to initial grading activities, a detailed soils report and geotechnical study for portions of the site anticipated to be graded shall be prepared to analyze on-site soil conditions and slope stability and will include appropriate measures to control erosion and dust during construction. (7) A grading permit shall be obtained from the City of Banning, as required by City Ordinance No. 18.01.040, prior to grading.
(8) Pursuant to the requirements of the State Water Resources Control Board, a state-wide general National Pollution Discharge Elimination System (NPDES) construction permit will apply to all project construction activities involving clearing, grading or excavation that disturbs at least 5 acres or activity which is part of a larger common plan of development of five (5) acres or greater.
(9) Applicant shall provide permits to the City from all affected wildlife and conservation agencies prior to the issuance of any grading permit in each phase in which wildlife or agency permits are required. (10) All grading shall comply with mitigation measures identified in the EIR/MMRP. 217
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2.8. OPEN SPACE PLAN
A central element of the SUNSET CROSSROADS
Specific Plan is the approximately 12.6 acres of
Open Space – Parks and 53.0 acres of Open
Space - Resource (see Figure 2-1, Land Use Plan).

Approximately 53.0 acres (Planning Areas 12
through 19) are designated as Open SpaceResource in order to preserve the three existing natural drainage courses. No grading is proposed
in Planning Areas 13 through 19, except for
grading required for the construction of Lincoln
Street. Planning Area 12 provides an open space
buffer between the Specific Plan and the existing
Sun Lakes community to the west and includes open space areas which may include trails, as well as locations for a Reverse Osmosis Facility Site and a future Fire Station site.

Approximately 12.6 acres in Planning Area 11 are designated as Open Space-Parks to offer the City of Banning and its residents a 5.0-acre public passive park which may include a tot lot, playground, picnic tables, and trail system that will connect to trails in the remaining 7.6 acres of open space, providing an open space buffer between the industrial uses and the existing Sun Lakes community to the west.

Passive recreational opportunities are provided to employees and visitors of SUNSET CROSSROADS through curb-adjacent sidewalks, pedestrian paths, and trails within Planning Areas 11 and 12. These amenities encourage and enhance pedestrian activity throughout SUNSET CROSSROADS. Provisions for sidewalks and pedestrian walkways, bicycle parking facilities, and employee and visitor gathering areas interior to the planning areas are set forth in Chapter 4, Design Guidelines.

In addition, to encourage social interaction, the Industrial and General Commercial building sites within SUNSET CROSSROADSmay include outdoor employee break areas with tables affixed to the ground to provide employees with a location to eat, gather, and enjoy being outside. Shading of these areas may be achieved through a combination of shade trees, umbrellas, or man-made shade structures. Other recreational amenities within the Industrial and General Commercial areas may include, but are not limited to, pedestrian walkways, seating areas, overhead structures, and open space areas. No Class I or Class II Bike Lanes are anticipated for the Specific Plan, however, Class III Bike Lanes which are unstriped may be utilized by riders along public roadways. 220
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2.8.1. OPEN SPACE IMPROVEMENT STANDARDS

1. Gathering areas, and landscaping within private roads and driveways will be the responsibility of a Master Property Owners’ Association, Property Owners’ Association, or Sub-Association.

2. The 5.0-acre public passive park and landscaping within public rights-of-way will be the responsibility of the City of Banning.

3. All gathering areas will be landscaped and, where necessary, irrigated in a manner that is conducive to the type of plant material and landscape setting.

4. Landscaping within gathering areas shall be further governed by Chapter 4, Design Guidelines, of this Specific Plan.

5. Landscaping within gathering areas and park areas shall conform to the standards set forth by the City of Banning. 221
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2.9. FIRE PROTECTION PLAN
C A Fire Protection Plan (FPP) dated July 2022 has been prepared by Dudek, evaluates and identifies the potential fire risk associated with the Project’s land uses and identifies requirements for water supply, fuel modification and defensible space, access, building ignition and fire resistance, and fire protection systems, among other pertinent fire protection criteria, including a proposed development plan for the Project site described below. The purpose of this FPP is to generate and memorialize the fire safety requirements and standards of the Riverside County Fire Department (RCFD), which is the contracted fire department for the City of Banning, along with Project-specific measures based on the Project site, its intended use, and its fire environment, including both the proposed development plan and any modifications to buildings permitted pursuant to the Specific Plan. This section summarizes portions of the FPP prepared by Dudek, which should be consulted for the full analysis.

While the Specific Plan is located in a wildland-urban interface (WUI) setting, it is not located in an area statutorily designated as a Moderate, High or Very High Fire Hazard Severity Zone (FHSZ) within a Local Responsibility Area (LRA) or State Responsibility Area (SRA) by the California Department of Forestry and Fire Protection (CAL FIRE FRAP 2008) or Riverside County; rather, the Project site is designated as Non-VHFHSZ.2 As the Project is not located within an area statutorily mapped as a fire hazard severity zone, the Project is not required to adhere to the ignition resistant construction requirements of California Building Code, Chapter 7A. However, the construction type for this Project would be substantially compliant with Chapter 7A including the building roofs, which will not include the Class A system of materials, but will comply with section 1505.1.2 as roof assemblies will be Class C at a minimum as required. Since the roof material assembly will meet the Class C non-combustible assembly requirements, it meets code and is also consistent with Chapter 7A of the Building Code.

The developed portion of the Project site is proposed for improvements that include construction of up to 5,545,000 square feet of industrial development on approximately 392.0 acres and up to 268,400 square feet of commercial uses, including Travel Center retail uses, a gasoline and diesel fueling facility and a hotel with 125 rooms comprised of approximately 90,000 square feet in an approximately 47.9-acre area on the Project site. Although the Project site is not designated as a FHSZ, due to its proximity to areas identified as Wildland Urban Interface (WUI), the entire Project site has been designed with fire protection as a key objective. The Project site improvements are designed to facilitate emergency apparatus and personnel access throughout the Project site. Driveway and road improvements with fire apparatus turnarounds provide access to the sides of every building. Water availability and flow will be consistent with requirements including fire flow and hydrant distribution required by local and state codes. These features along with the ignition resistance of all buildings, the interior sprinklers, and the pre-planning, training and awareness will assist responding firefighters through prevention, protection, and suppression capabilities.

As determined during the analysis of the Project site and its fire environment, in its current condition, the Project site may include characteristics that, under favorable weather conditions, could have the potential to facilitate fire spread.

Under extreme conditions, wind-driven wildfires from nearby undeveloped land could cast embers onto the property.

Once the Project is built, the on-site fire potential will be much lower than its current condition due to conversion of fire facilitating wildland fuels to ignition resistant buildings, parking areas, managed landscapes, fuel modification areas, improved accessibility for fire personnel, and structures built to the latest ignition and ember resistant fire codes.

As detailed in the FPP, the fire protection systems recommended for the Project site will include a redundant layering of protection methods that have proven to reduce overall fire risk. The requirements and recommendations included 2 Per the CAL FIRE FRAP map for Banning, the portion of the Project site north of Westward Rd is designated as Non-VHFHSZ in a LRA (adjacent lands north, northeast and west of the Project site share this designation). The southern portion of the Project site is in an SRA; however, is not designated as a FHSZ (adjacent lands east and south are designated as High and Very High FHSZ in an SRA). Per Riverside County GIS, the entire site is neither Moderate, High nor Very High FHSZ. 222
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herein are performance based and site–specific, considering the Project’s unique characteristics rather than a prescriptive, one-size-fits-all approach. The fire protection systems are designed to increase occupant and building safety, reduce the fire risk on site, to minimize risks associated with typical uses, and aid the responding firefighters during an emergency. No singular measure is intended to be relied upon for the Project site’s fire protection, but rather, a system of fire protection measures, methods, and features combine to result in enhanced fire safety, reduced fire potential, and improved safety in the development.

Early evacuation for any type of wildfire emergency at the Project is the preferred method of providing for occupant and business safety, consistent with the Owner’s and the RCFD current approach for evacuation. As such, the Project’s Owner and Property Management Company will formally adopt, practice, and implement a “Ready, Set, Go!” (Riverside County Fire Department 2020) approach to site evacuation. The “Ready, Set, Go!” concept is widely known and encouraged by the State of California and most fire agencies, including; Pre-planning for emergencies, including wildfire emergencies, focuses on being prepared, having a well-defined plan, minimizing potential for errors, maintaining the site’s fire protection systems, and implementing a conservative (evacuate as early as possible) approach to evacuation and site uses during periods of fire weather extremes.
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2.9.1. FIRE PROTECTION IMPROVEMENT STANDARDS
The following Fire Protection Plan Improvement Standards and implementation measures are based on the analysis and findings of the Dudek Fire Protection Plan dated July, 200 and shall be provided as part of development plan for each application submitted within this Specific Plan:

1. All development within the SUNSET CROSSROADS Specific Plan shall be constructed consistent with the applicable portions of the Fire Protection Plan (FPP) dated July 2022 prepared by Dudek.

2. Project buildings to be constructed of ignition resistant1 construction materials common for this type of concrete product and to include automatic fire sprinkler systems based on the latest adopted Building and Fire Codes for occupancy types.

3. Fuel Modification will be provided around the perimeter of the on-site structures, and should typically be 100 feet wide, though there are a few areas where 100-feet is not achievable as detailed herein. Additionally, an extended fuel modification width will be provided around many structures due to the hardscape landscape design.

4. For any Planning Area in which the square footage or footprint of a proposed building has been modified from that described in this fire protection plan, the applicant shall submit and the RCFD shall have approved the revised fire protection plan for the Planning Area, consistent with Item 9, below.

5. Landscape plantings should not utilize plants listed on Appendix E of the FPP dated July 2022 (prohibited plants) which are prohibited because they have been found to be highly flammable.

6. Fire apparatus access roads (i.e., public and private streets) will be provided throughout the development and will vary in width and configuration, but will all provide at least the minimum required unobstructed travel lanes, lengths, turnouts, turnarounds, and clearances required by applicable codes. Primary access and internal circulation will comply with the requirements of the RCFD.

7. Buildings will be equipped with automatic commercial fire sprinkler systems meeting RCFD requirements.

8. The Project shall demonstrate provision of water capacity and delivery for a reliable water source for operations and during emergencies requiring extended fire flow.

9. Should future iterations of the Project’s site plan result in buildings that do not achieve a minimum of 100 feet of defensible space, then alternative materials and methods may be proposed to provide the functional equivalency of a full 100 feet of defensible space. Alternative materials and methods will be to the satisfaction of the RCFD and may include structural hardening enhancements or landscape features, like non-combustible walls. The following measures shall be established in the CC&Rs for the Project and implemented by the Property Management Company. Annual maintenance should occur before May 1st of each year and inspected by RCFD or an approved third party.

10. On-going maintenance of all fuel modification will be managed by Owner’s, Property Management Company, or another approved entity, at least annually or as needed. 10. The Property Owner’s or Property Management Company, will provide business owners informational brochures at time of occupancy, which should include an outreach and educational role to ensure fire safety measures detailed in the Dudek FPP dated July 2022, have been implemented and prepare development-wide “Ready, Set, Go!” plans. 224
CHAPTER THREE establishes the Specific Plan’s Implementation Regulations, comprised of the General Development Criteria, Permitted, Conditional, Ancillary, and Prohibited Uses, Development Standards, and Planning Area Standards.

3.1 GENERAL DEVELOPMENT CRITERIA

3.2 PERMITTED, CONDITIONALLY PERMITTED, ANCILLARY AND PROHIBITED USES

3.3 GENERAL COMMERCIAL DEVELOPMENT STANDARDS

3.4 INDUSTRIAL DEVELOPMENT STANDARDS

3.5 PLANNING AREA STANDARDS

DEVELOPMENT
STANDARDS 3
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CHAPTER 3 | DEVELOPMENT STANDARDS
This section establishes certain of the Implementation Regulations for each Planning Area in the SUNSET CROSSROADS Specific Plan. The Implementation Regulations provided herein work in concert with the architecture and landscape design guidelines set forth in Chapter 4, Design Guidelines, to achieve the desired vision for SUNSET CROSSROADS. This chapter shall apply to all Subdivision Maps, Design Reviews, Conditional Use Permits, and any other action requiring administrative or discretionary approval for implementation of the SUNSET CROSSROADS Specific Plan.

Section 3.1 provides General Development Criteria for the entire Specific Plan area to ensure the orderly, efficient and coordinated development of the SUNSET CROSSROADS SPECIFIC PLAN. Table 3-1 Permitted Uses establishes the land uses and review procedures consistent with the vision, goals, and intent, for the General Commercial, Industrial and Open Space land uses within the Specific Plan. The Development Standards presented in Sections 3.3 and 3.4 and included in Tables 3-2 and Table 3-3, identify the criteria affecting the development of the General Commercial and Industrial Planning Areas, respectively. The Planning Area Standards in Section 3.5 for each Planning Area reference the relevant Figures that depict desired architecture and landscaping elements contained throughout this Specific Plan for each Planning Area. The Planning Area Figures (Figures 3-1 through 3-6) presented in this section are derived from the Specific Plan Land Use Plan for SUNSET CROSSROADS (Figure 2-1, Land Use Plan).

Planning Areas within the SUNSET CROSSROADS Specific Plan were formed on the basis of logical separate areas of land use and development to ensure that implementation of the Industrial, General Commercial, and Open Space land uses are consistent with the quality of development and vision of City of Banning for SUNSET CROSSROADS.

3.1. GENERAL DEVELOPMENT CRITERIA
To ensure the orderly and sensitive development of the SUNSET CROSSROADS Specific Plan area, the following General Development Criteria apply to the entire Specific Plan area and augment the more location-specific Development Standards and Planning Area Standards provided elsewhere in Chapter 3. The Specific Plan-wide General Development Criteria are as follows:

1. The SUNSET CROSSROADS Specific Plan shall be developed as an employment and retail entertainment center containing General Commercial, Industrial, Open Space - Parks, and Open Space - Resource land uses on approximately 533.8 acres, as illustrated on Figure 2-1, Land Use Plan.

2. The SUNSET CROSSROADS Specific Plan shall be developed with a maximum of 5,813,400 square feet of building area, in addition to 125-room limited-service hotel (approximately 90,000 square feet). The 5,813,400 square feet of building area consists of a Maximum Building Square Footage of 268,400 sf of building area in Planning Area 1 and a Maximum Building Square Footage of 5,545,000 SF in Planning Areas 2-10. The approximately 90,000 square feet of hotel use is not counted as part of the General Commercial’s 268,400 Maximum Building Square Footage because traffic analysis for hotels is calculated by number of rooms, not square footage.

3. Except as modified by this Specific Plan or as approved by the Community Development Director pursuant to Chapter 5, Implementation Plan, development of the property shall be in accordance with the mandatory requirements of City of Banning ordinances.
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4. Planning Area net acreage (and net acreage covered by a given land use designation) may be expanded or reduced without a Specific Plan Amendment, through the Minor Modification process pursuant to Section 5.2.3, provided the modification does not increase or decrease the size of any Planning Area by more than 20%.

5. Development intensity/density or building square footage may be increased by no more than 20% within any or all of the Planning Areas without a Specific Plan Amendment, through the Minor Modification process pursuant to Section 5.2.3, provided that the overall Maximum Building Square Footage for Industrial uses and for General Commercial uses within this Specific Plan is not exceeded.

6. Development intensity/density or building square footage may be reduced in any or all of the Planning Areas without a Minor Modification or Specific Plan Amendment.

7. The permitted building intensity/density or building square footage within any Planning Area pursuant to an approved application, may be increased by a subsequent application submitted within this Specific Plan for the same Planning Area, through the Minor Modification process pursuant to Section 5.2.3, provided that such increase does not result in the Maximum Building Square Footage permitted by the Specific Plan document being exceed for Industrial uses or for General Commercial uses, nor exceed the maximum of 125 hotel rooms.

8. The City of Banning Planning Department shall prepare and maintain a Development Intensity Table which identifies each approved application submitted within this Specific Plan by Planning Area along with the building square footage approved and/or constructed on that Planning Area pursuant to an approved application, so that a running total of the approved square footage is monitored to assure that the Maximum Building Square Footage permitted by the Specific Plan document (in either the Industrial or General Commercial) is not exceeded.

9. Buildings may be constructed across Planning Area boundaries with the same Land Use Designation, which cross over into abutting Planning Areas, subject to all of the applicable Implementation Regulations and Design Guidelines of this Specific Plan. Buildings constructed across Planning Area boundaries or lot lines shall not, by themselves, trigger the requirement for a Minor Modification or Specific Plan Amendment.

10. Prior to issuance of a building permit for construction of any new use contemplated by this Specific Plan approval, the applicant shall first obtain clearance from the Planning Department verifying that all pertinent conditions of this Specific Plan approval have been satisfied for the phase of development in question.

11. A review in compliance with the California Environmental Quality Act (CEQA) shall be conducted to determine potential environmental impacts resulting from each Subdivision Map, Zone Change, Specific Plan Amendment, or other discretionary land use application required to implement this Specific Plan, unless such proposal is determined by the Community Development Director to be ministerial, consistent with the project EIR and to not require subsequent environmental review, or is exempt from the provisions of CEQA. Any required CEQA review shall be prepared as part of the review process for the application submitted within this Specific Plan.

12. Lots or parcels created within the Specific Plan area pursuant to any concurrent or subsequent tentative subdivision map(s) shall be consistent with the Implementation Regulations of the Specific Plan herein applied to the site, or as modified pursuant to Chapter 5, Implementation Plan.

13. For the security and safety of future employees and visitors, the applicant and/or Developer shall incorporate the following design concepts within each individual Design Review or Conditional Use Permit Application, or as approved by the Community Development Director:
a. Circulation for pedestrians, vehicles, and police patrols. b. Lighting of streets, parking areas, and walkways.
c. Visibility of doors and windows from the street and between buildings, where practical. 227
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d. Fencing heights and materials (which are Developer's responsibility).

15. All lighting within this Specific Plan shall adhere to the following standards:
a. Lighting shall be limited to that necessary to light the project site. No lighting source shall be visible, or shall be permitted to spill over to adjacent properties. b. Lighting shall not be permitted which blinks, flashes, or is of unusually high intensity or brightness.

All lighting fixtures shall not have a visible light source and must be shielded and directed downward and away from adjoining properties and public rights-of-way. c. Lighting in commercial and industrial projects should be only the minimum required for safety and security.
d. Light standards should be limited to eighteen to thirty-four feet. e. Lighting should be integrated into the structure's architecture to the greatest extent possible. f. All lighting requirements in Section 17.24.100 of the City of Banning Zoning Ordinance are superseded by these standards.

16. Off street parking areas shall be regulated by these standards and other regulations within the City Zoning Ordinance are superseded:
a. Access.

1. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction.

2. No parking space shall be located so that a vehicle will maneuver within 25 feet of a parking entrance/vehicle entrance/parking aisle, vehicular entrance measured from the face of the curb. b. Dimensional Requirements. Dimensional requirements for off-street parking include the following:

1. Parking stalls shall be non-perpendicular to the parking aisle whenever possible.

2. Parking structures may be subject to dimensional adjustment, but in no case shall the stall width be less than eight feet and six inches. Reductions in design standards shall be subject to approval by the City Engineer and shall be discouraged. c. Drainage. Off-street parking areas shall be so designed that surface water will not drain over any sidewalk, or adjacent property.
d. Driveways.

1. Commercial/ Industrial
a. Access standards shall be maintained by the Public Works Department. b. Drive aisles shall be a minimum width of 15 feet for a one-way driveway, and 24 feet for a two-way driveway.
e. Landscaping, Screening and Shading. A minimum of 15 percent of the net area of all parking areas shall be landscaped as follows:
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1. Where parking areas adjoin a public right of way, a landscaped planting strip equal to the required yard setback shall be established and continuously maintained between the public right of way and parking area.

2. Any planting, sign, or any other structure within safety sight-distance of a driveway shall not exceed 30 inches in height.

3. Pedestrian access shall be provided throughout the landscaped areas.

4. At least one 24 inch box tree for every four spaces shall be included in the development of the overall landscape program. The maximum spacing between trees in parking areas shall be 30 feet; however, appropriate clustering of trees may be permitted. Landscaping islands are required at both ends of all parking rows.

5. All areas in a parking lot not used for driveways, maneuvering areas, parking spaces or walks, shall be permanently landscaped with suitable materials and permanently maintained.

6. A concrete curb, six inches high and six inches wide, shall abut all parking areas.

7. All landscaped areas shall be a minimum interior dimension of six feet in width.

8. Permanent and automatic irrigation systems shall be installed and permanently maintained in all landscaped areas, in conformance with the City's water conservation regulations in Chapter

17.32. 9. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions. This overhang is in addition to the required yard setbacks.

10. The landscaping plan shall provide for a variety of plant materials with an emphasis on drought tolerant species, and shall include a legend showing common names and sizes.

11. For screening purposes, all commercial, industrial and public parking areas abutting residentially designated property shall have a six foot high solid architecturally treated decorative masonry wall approved by the Community Development Director. All wall treatments shall occur on both sides.

12. Although any reasonable combination of shading methods can be utilized, all parking areas must provide at least 30 percent permanent shading for parked vehicles within two years of planting.

13. If trees are used, they may not thereafter be trimmed in a way which reduces the effectiveness of their shading ability.
f. Security and Lighting.

1. All parking facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users.

2. Adequate illumination for security and safety shall be provided in all parking areas. Lighting shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be shielded, visibility of light source eliminated and directed away from adjoining properties and public rights of way. g. Location of Required Parking Spaces.

1. All parking spaces shall be located on the same parcel as the structure or the use unless otherwise approved by the review authority.
h. Maintenance. All required parking facilities shall be permanently maintained, free of litter and debris. 229
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i. Parking Structures. All parking structures shall be landscaped as follows:

1. All landscaping shall be permanently maintained and automatically irrigated. The parking structure shall have continuous minimum ten foot perimeter landscaping with vertical elements, such as trees or climbing vines at least every 20 feet.

2. Entries and exits of the parking structure shall include a minimum six-foot wide landscaped median island and accent paving in the driveway.

3. Landscaped materials, excluding vertical element openings, shall be provided in planters and/or pots for at least five percent of the total surface deck area. The planters and pots shall be distributed through the top deck area, and the perimeter of intermediate decks.

4. Lighting shall not spill beyond the surface deck, and shall not spill onto other properties. Lighting fixtures shall not exceed four feet in height.
j. Shared Parking.

1. Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation.

2. The applicant shall have the burden of proof for a reduction in the total number of required offstreet parking spaces, and written documentation shall be submitted substantiating their reasons for the requested parking reduction. Shared parking may only be approved if:
a. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses;
b. Satisfactory evidence, as determined by the Community Development Director, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of potential conflict between them; and
c. Any additional covenants, deed restrictions or other agreements or documents as may be deemed necessary by the Community Development Director, are executed to assure that the required parking spaces provided are maintained, and that uses with similar hours and parking requirements, remain for the life of the commercial/industrial development.
k. Slope.

1. Driveways shall have no grades exceeding an eight percent slope, unless approved by the City Engineer.

2. Parking areas shall be designed and improved with grades not to exceed a five percent slope. l. Striping and Surfacing

1. All parking spaces shall be striped in accordance with City requirements. The striping shall be maintained in a clear and visible manner. Each exit from any parking area shall be clearly marked with a "STOP" sign.

2. Driveway and parking areas should be surfaced with a minimum thickness of three inches of concrete, asphaltic concrete, or a material approved by the City Engineer with bituminous surfacing over a minimum thickness of four inches of an aggregate base material. 230
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3. For areas which are close to trees and shrubs, a porous surface may be used such as gravel, if this will aid in bringing rainwater to the roots of the trees, and if this is approved by the City Engineer.
m. Curbing and Wheel Stops.

4. Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway or structure where parking and or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.

5. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped. The clear width of a walkway adjacent to overhanging parked cars shall be four feet.

6. All parking lots shall have a continuous curbing at least six inches high and six inches wide around all parking areas and aisle planters. Wheel stops shall not be used in lieu of curbing to protect landscaping, signage structures and walls.
n. Parking Adjustment. Concurrent with an application for Design Review and/or Conditional Use Permit and application for a parking adjustment may be approved by the review authority subject to the findings:

Findings for a Parking Adjustment

1. The zoning regulations applicable to the property do not allow a reasonable use comparable to similar developments in the same zoning district;

2. The hardship for which the variance is requested is unique to the property area;

3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located;

4. Neither present nor anticipated future traffic volumes generated by the use of the site or the sites in the vicinity require strict or literal interpretation and enforcement of the specific regulation;

5. The granting of this parking variance will not result in the parking or loading of vehicles in public streets in such a manner as to interfere with the free flow of street traffic;

6. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance; and

7. The variance will run with the use or uses to which it pertains and shall not run with the site.

17. All landscaping shall be designed, installed and maintained in a manner consistent with the City of Banning Municipal Ordinance Section 8.28.170 and Chapter 17.32 (Water Efficient Landscape Ordinance) where not superseded by this Specific Plan.

18. Prior to the issuance of the first occupancy permit within the project, the Sign Program and Signage Design Guidelines shall be prepared and approved by the City of Banning. The Sign Program and Signage Design Guidelines shall provide adequate and appropriate project, street, building, tenant identification, pedestrian path, and wayfinding signage for the anticipated variety of building sizes, designs, and uses that shall be consistent with this Specific Plan.

19. Common areas identified in the Specific Plan are intended to be owned and maintained pursuant to Table 5-1, Maintenance Responsibilities, as described below:
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a. One or more permanent master maintenance organizations shall be established for the Specific Plan area, such as a Master Property Owners’ Association, Property Owners’ Association, and/or SubAssociation, to assume ownership and/or maintenance responsibility for all common space, private circulation systems, common parking lots, pedestrian paths, and other landscaped areas. Such a maintenance organization(s) may be public or private, or a combination of public and private. b. The maintenance organizations shall be established prior to Certificate of Occupancy. The ownership and maintenance responsibility shall be identified for each common area at the time Design Review or Conditional Use Permits are filed.

18. Structures shall be constructed to comply with California Energy Commission Title 24, Energy Efficiency Standards for Non-Residential Construction in place at the time the application for a building permit is submitted and complete.

19. In accordance with the California Solid Waste Reuse and Recycling Access Act of 1991, Cal Pub Resources Code §42911, adequate areas for collecting and loading recyclable materials shall be provided.

20. All businesses within Sunset Crossroads must provide recycling and organics recycling containers at front-ofhouse to collect waste generated from the products purchased and consumed on the premises consistent with CalRecycle requirements.

1. Any business generating 2 or more cubic yards of waste per week (recycling + organics recycling + disposal) shall engage in one of the following organic recycling activities:
a) Source separate organic waste from other waste and participate in a waste recycling service that includes collection and recycling of organic waste.
b) Recycle its organic waste on site, or self-haul its organic waste off site for recycling. c) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.

2. Any business that generates four cubic yards or more of commercial solid waste per week shall arrange for recycling services. Businesses can take one or any combination of the following actions in order to reuse, recycle, compost or otherwise divert solid waste from disposal:
a) Self-haul.
b) Subscribe to a hauler(s).
c) Arrange for the pickup of recyclable materials.
d) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.

3.2. PERMITTED, CONDITIONAL, ANCILLARY, AND PROHIBITED USES Land within the SUNSET CROSSROADS Specific Plan and structures/facilities therein may be developed, and/or used for those activities listed in Table 3-1, Permitted Uses. Table 3-1 lists the Permitted, Conditionally Permitted, Ancillary and Prohibited land uses for each Planning Area established by this Specific Plan (Industrial, General Commercial, and Open Space). The Community Development Director is authorized to make a determination that a use not listed in Table 3-1 (Permitted Uses) may be allowed by the Specific Plan because it is found to be substantially similar to, and no more objectionable than, a Permitted, Conditionally Permitted, or Ancillary use, pursuant to the procedures in Chapter 5, Implementation Plan. Such a use shall be subject to the same review requirements as the identified “similar” allowed use. “Substantially similar” means that the use would be consistent with the purpose and intent of the Planning Area’s Land Use Designation in which the use is proposed (refer to Chapter 2, Development Plan). The description of uses within Planning Areas 11 through 19 are provided in the footnotes of Table 3-1. 232
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The City, in considering an application for a specific permitted use, shall determine whether there are significant environmental impacts resulting from such proposed use not addressed in the EIR or any then prepared subsequent environmental documentation. If the environmental impacts exceed the impacts disclosed in the EIR or subsequent environmental documentation approved by the City, the City shall undertake additional environmental review in compliance with CEQA prior to approving any such use.

The symbols shown in Table 3-1 have the following meanings:
 “P” means the land use is Permitted by right in the specified Land Use Designation, subject to the Implementation Regulations applicable to that Land Use Designation.  “C” means the land use is Conditionally Permitted, subject to the filing of a Conditional Use Permit Application in accordance with the requirements of the City Zoning Ordinance and must be approved by the City of Banning before the use can be established within a particular Land Use Designation. A Conditional Use Permit application is an intensive consideration of an application submitted within this Specific Plan; no Design Review application is required.
 “A” means the land use is Permitted by right in the specified Land Use Designation only when the use is Ancillary (in support of) the main Permitted or Conditionally Permitted use of the property.  “X” means the land use is Prohibited within that Land Use Designation. 233
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Table 3-1 Permitted, Conditionally Permitted, Ancillary, and Prohibited Uses USE LEGEND: P: PERMITTED BY RIGHT | C: CONDITIONAL USE | A: ANCILLARY | X: PROHIBITED Use General Commercial
(Planning Area 1)
Industrial
(Planning Areas
2, 3, 4, 5, 6, 7, 89 &
10) Notes
Recreation, Education, and Public Assembly
Go-Cart racetrack P X
Billiard parlors/pool halls C X
Religious Facilities C C
Community centers C X
Day care centers P A
Health/fitness facilities P A
Indoor recreation centers P X
Libraries P P
Membership organization facilities P C
Museums P C
Outdoor commercial recreation P X
Public parks, outdoor spaces, and playgrounds P X
Recreational vehicle (RV) storage X P
Sport facilities and outdoor public assembly C X
Studios for dance, art, music, photography, etc. P C
Theatres and meeting halls C C
Retail Uses
Accessory retail uses P P
Alcoholic beverage sales, on- or off-site C X
Amusement Halls/Pools Halls
Antique stores
C
P
X
X
Art galleries P X
Auto, mobile home, and motor vehicle sales,
with or without part sales, new and/or used X C
Auto, mobile home, and motor vehicle part
sales X X
Bakeries, retail P X
Bars and drinking establishments C X
Certified farmers' markets P P
Convenience stores, with liquor sales C X
Convenience stores, no liquor sales P X
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USE LEGEND: P: PERMITTED BY RIGHT | C: CONDITIONAL USE | A: ANCILLARY | X: PROHIBITED Use General Commercial
(Planning Area 1)
Industrial
(Planning Areas
2, 3, 4, 5, 6, 7, 89 &
10) Notes
Department stores P X
Drive-in/drive-through sales C X
Drug stores P X
Factory outlet centers P X
Farm and ranch supply stores P X
Furniture, furnishings, home equipment stores P X
Gift shops P X
Grocery stores, retail butchers and green
grocers
P X
Hardware/lumber/building material stores P X
e.g., Ace Hardware, The Home Depot, etc.
with corresponding ancillary outdoor
storage for these uses.

Liquor stores (off-site consumption) C X
Outdoor retail merchandise display and
activities C X
Pawn shops X X
Pet stores and grooming P X
Restaurants, no beer, wine or liquor sales P A Ancillary to an industrial building i.e.:

Cafeteria
Restaurants, serving beer, wine or liquor P A Ancillary to an industrial building i.e.:

Cafeteria
Restaurants, drive-in, take-out, fast food P A Ancillary to an industrial building i.e.:

Cafeteria
Retail stores, general merchandise P X
Second hand/thrift stores C X
Shopping centers, 15,000 square feet or more P X
Warehouse or club stores (i.e., "Big box
stores") P X
Services
Automatic teller machine (ATM), not at a bank P X
Banks and financial establishments/services P X
Barber shops and beauty shops P A
Bed and breakfast establishments C X
Business support/secretarial services P X
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USE LEGEND: P: PERMITTED BY RIGHT | C: CONDITIONAL USE | A: ANCILLARY | X: PROHIBITED Use General Commercial
(Planning Area 1)
Industrial
(Planning Areas
2, 3, 4, 5, 6, 7, 89 &
10) Notes
Car wash P A
Construction storage (indoor and/or outdoor) X C
Drive-in and drive-through services P X
Dry cleaning, retail P A
Equipment rental yards X P
Fortune-Telling C X
Government offices P X
Hookah and Smoking Lounges C C
Hotels and motels, including extended stay P X
Laundry, coin operated P X
Massage Establishment P X
Medical services, clinics and labs C X
Professional offices P P
Public parking P P
Public utility and safety facilities P P
Including Fire Station, Reverse Osmosis
Facility, Potable Water Reservoir, and
Electrical Substation.

Real estate offices P X
Repair and maintenance of consumer products P X
Repair and maintenance of motor vehicles,
including auto body X P
Research and development facilities X P
Storage, accessory, including self-storage X P
Tattoo and Body Piercing Studios C X
Travel Centers P X Gas, Diesel, Electric, CNG, Car Wash, Retail/Fast Food
Urgent Care P X
Vehicle Repair Facilities with or without eight
(8) or fewer fueling stations [Automobile or
Truck]
X A
Limited to basic maintenance such as tire
repairs, oil changes, and other minor nonengine vehicle maintenance.

Veterinary clinics, animal hospitals, grooming P X
Manufacturing and Processing Uses
Assembly from prefabricated parts or products C P
Auto wrecking/parts salvaging X X
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USE LEGEND: P: PERMITTED BY RIGHT | C: CONDITIONAL USE | A: ANCILLARY | X: PROHIBITED Use General Commercial
(Planning Area 1)
Industrial
(Planning Areas
2, 3, 4, 5, 6, 7, 89 &
10) Notes
Bakeries, wholesale X P Wholesale only, no small bakeries.

Breweries and distilleries P P
Breweries and distilleries, with bar and/or
restaurant in same building. P P
Cabinet shops, carpentry, furniture
manufacturing and assembly X P
Ceramics manufacturing and assembly X P
Cleaning and dyeing plants X C
Contractor's storage yards X P
Creameries and dairies X C
Distribution X P
Food products manufacturing X P
Furniture and fixtures X P
Garment and shoe manufacturing X P
Ice and cold storage X P Not including cooled/chilled or frozen/foods/products distribution facilities
Laundries and dry-cleaning plants C P
Lumber yards X P Primarily wholesale to the trade, limited retail sales, outdoor storage.

Machining, welding and blacksmithing X P
Manufacturing facilities, light X P
Manufacturing facilities, heavy X X
Metal plating shops X X
Mixed-use office/industrial X P
Mixed-use industrial/commercial X P
Packing plant X X
Printing/publishing P P
Recycling facilities X P
Recycling—Reverse vending machines P P
Sheet metal shops X P
Stone and granite storage and sales X P
Storage yard X P
Tire recapping, retreading and storage X C
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USE LEGEND: P: PERMITTED BY RIGHT | C: CONDITIONAL USE | A: ANCILLARY | X: PROHIBITED Use General Commercial
(Planning Area 1)
Industrial
(Planning Areas
2, 3, 4, 5, 6, 7, 89 &
10) Notes
Truck (commercial) repair, towing, parking,
storage and service X P
Trucking yard or terminal X P
Warehousing X P
Wholesaling X P
Other Uses
Commercial or telecommunications antennae P P
Public utility facilities P P
Including Electrical Substation, Fire
Station, Potable Water Reservoir, and
Reverse Osmosis Water Treatment
Facility
Cannabis Commercial Indoor Cultivation 4 X C
Cannabis Manufacturing Level 1 4 X C
Cannabis Retailer 4 C X
Cannabis Testing Laboratory 4 X C
Cannabis Distribution Facility 4 X C
Plant nurseries, with on-site sales P X
Plant nurseries, without on-site sales C X
Commercial cargo/storage containers C P
Additional Uses Not Listed in City’s Ordinance
Recreational Uses within fully enclosed
building with ancillary outdoor activities. P P
Linen and Uniform Supply X P
Battery Energy Storage System (BESS) X P
Distribution warehouses, general warehouses,
and e-commerce fulfillment centers, for dry
goods
X P
Distribution warehouses, general warehouses,
and e-commerce fulfillment centers for chilled,
cooled, or frozen goods
X P
Industrial Robotics Manufacturing and
Assembly X P
Data processing centers and data storage
services X P
Computer and electronic parts manufacturing
and assembly X P
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USE LEGEND: P: PERMITTED BY RIGHT | C: CONDITIONAL USE | A: ANCILLARY | X: PROHIBITED Use General Commercial
(Planning Area 1)
Industrial
(Planning Areas
2, 3, 4, 5, 6, 7, 89 &
10) Notes
Machinery manufacture X P
Day/health spa P X
Freeway Oriented Freestanding Signs3 P P
Indoor Go Kart Racing Tracks P X
Indoor Trampoline Parks and/or Indoor
Obstacle Courses, Climbing Walls/Gyms P X
Indoor, Man-made Surf and Wave Recreation P X
Notes:
1 Uses permitted within Planning Area 11 include a 5.0-acre public park, natural open space, trails, and landscaping. Planning Area 12 shall include open space areas which may include trails, as well as a possible Reverse Osmosis Facility Site and Fire Station site. 2 Development within Planning Areas 13, 14, 15, 16, 17, 18, and 19 shall be limited to grading associated with drainage crossings by roadways and/or fuel modification activities. 3 Freeway Oriented Freestanding Signs are permitted within Planning Areas 1, 6, and 7 and may be constructed as electronic/digital message board pylon signs consistent with the Specific Plan Sign Program. 4 Subject to Banning Municipal Code Requirements: Chapters 5.33, 5.35, 17.53 and 17.54. 239
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3.3. GENERAL COMMERCIAL DEVELOPMENT STANDARDS
The standards identified below establish the development criteria that shall apply to Planning Area 1, designated General Commercial within SUNSET CROSSROADS. The Maximum Building Square Footage for Planning Area 1 is a total of 268,400 square feet of General Commercial building space in addition to a 125-room hotel (approximately 90,000 square feet), all at a Maximum Building Coverage of 50%. The 90,000 square feet of hotel use is not counted as part of the General Commercial’s 268,400 Maximum Building Square Footage because traffic analysis for hotels is calculated by number of rooms, not by square footage. Design Guidelines for this Planning Area can be found in Chapter 4.

Table 3-2 Development Standards – General Commercial
Site Requirements
Minimum Lot Area N/A
Minimum Average Lot Width N/A
Maximum Building Coverage1 50%
Notes:

1. During implementation, the Maximum Building Coverage shall be calculated for each Planning Area or Parcel. The Specific Plan Maximum Building Square Footage for General Commercial uses of 268,400 s.f., excluding the hotel and fuel pumps, shall not be exceeded, regardless of the Maximum Building Coverage achieved in any Planning Area. The approximately 90,000 square feet of hotel use is not part of the General Commercial 268,400 Maximum Building Square Footage because traffic analysis for hotels is calculated by number of rooms, not by square footage.

Minimum Setback Requirements (When abutting a street)
(As measured from the building to the edge of the right-of-way or to the property line.) Front, Rear, and Side
Building Heights under 35 feet: None
Building Heights over 35 feet: 2 feet for each foot the building height exceeds 35 feet
Architectural features such as cornices, eaves,
canopies, decorative wall elements
May encroach up to 4 feet into the setback, provided that adequate emergency access can be maintained, subject to approval by the Riverside County Fire Department.

Minimum Setback Requirements at Interior Side Yards (as measured from the property line.) Building 5 feet
Drive Aisle and Passenger Car and Truck Parking 5 feet
Screened Loading and Storage Yards 0 feet
Minimum Drive Aisle and Parking Space Separation Requirements Adjacent to building office element 10 feet
Adjacent to solid building wall or screen wall/fence,
and not within a screened/enclosed yard. 5 feet
Adjacent to solid building wall or screen wall/fence,
and within a screened/enclosed yard. 0 feet
Other Development Standards
Maximum Building Height
(measured from the building’s finished floor elevation
to the highest point of the building’s roof, parapet,
solar arrays, or other architectural projection.)
60 feet plus an additional 10 feet for solar arrays
Maximum Freeway Oriented Freestanding Sign 80 feet
Ground and Roof-Mounted Equipment All ground and roof mounted mechanical equipment shall be screened or obscured to the extent practical by landscaping when visible from abutting public roadways.

Signage
Signage shall be consistent with the Sign Program and Signage Design Guidelines, Signage Design Guidelines in the Specific Plan, or as approved by the City of Banning.

Outside Storage
If a non-screened outdoor general retail area is proposed, this area shall be identified on the implementing Design Review or Conditional Use Permit and shall be set back a minimum of 10 feet from the edge of the right-of-way. 240
CHAPTER 3 | DEVELOPMENT STANDARDS SUNSET CROSSROADS
SPECIFIC PLAN NO. 20-20000002
PAGE | 3-17

3.4. INDUSTRIAL DEVELOPMENT STANDARDS
The standards identified below establish the development criteria that shall apply to the Planning Areas designated Industrial within the SUNSET CROSSROADS Specific Plan (Planning Areas 2, 3, 4, 5, 6, 7, 8, 9, and 10). The combined Maximum Building Square Footage for Planning Areas 2, 3, 4, 5, 6, 7, 8, 9, and 10 is 5,545,000 square feet of Industrial building space, at a Maximum Building Coverage of 60%. Design Guidelines for these Planning Areas can be found in Chapter 4.

Table 3-3 Development Standards - Industrial
Site Requirements
Minimum Lot Area N/A
Minimum Average Lot Width N/A
Maximum Building Coverage 1 60%
Notes:

1. During implementation, the Maximum Building Coverage shall be calculated for each Planning Area or Parcel. The Specific Plan maximum building square footage of 5,545,000 square feet for Industrial uses of shall not be exceeded, regardless of the Maximum Building Coverage achieved in any Planning Area.

Minimum Setback Requirements (When abutting a street) (As measured from the building to the edge of right-of-way or property line.) Front
When abutting any public street – 25 feet (of which 10 feet adjacent to the right-of-way shall be landscaped)
All other instances – 0 feet
Rear 0 feet
Side 0 feet
Architectural features such as cornices, eaves, canopies, decorative wall elements
May encroach up to 4 feet into the setback, provided that adequate emergency access can be maintained, subject to approval by the Riverside County Fire Department.

Banning City CouncilJanuary 28, 2026

Banning City Council
January 28, 2026