Agenda packet — Banning City Council, February 26, 2026 (part 1 of 6)

February 26, 2026
5:00 p.m.

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

1. CALL TO ORDER

2. CITY ATTORNEY'S REPORT

3. AGENDA APPROVAL

4. CONSENT AGENDA
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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Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 PLEDGE OF ALLEGIANCE

1.2 ROLL CALL
None
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February 26, 2026 1

5. PUBLIC HEARINGS

5.1 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 pursuant to the California Environmental Quality Act.

5.2 Consideration of an Application by the City of Banning, CA for General Plan Amendment (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.

Recommendation:

Deny the Project Applications as Recommended by the Planning Commission by Adopting:

Resolution No. 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 Resolution No. 2026-27Denying 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/Union Pacific Railroad and West of Sunset Avenue
Alternatively, Approve the Project Applications as recommended by Staff by Adopting:

Resolution No. 2026-28 Certifying the Environmental Impact Report (EIR), SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
Resolution No. 2026-29 Approving General Plan Amendment (No. 20-2501) and Specific Plan (No. 20-2002); and
Resolution No. 2026-30 Approving Annexation of 253.7 Acres into the City of Banning; and
Resolution No. 2026-31 Approving the Tentative Parcel Map (TPM 38118); and Introducing by Title Only the Following Ordinances:

Ordinance No. 1618, Approving Zone Change (No. 20-3502) Ordinance No. 1620, Approving a Development Agreement between NP Banning Industrial LLC and the City of Banning
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6. ADJOURNMENT
Recommendation:

1. Adopt Resolution No. 2026-33, approving General Plan Amendment No. 22-2502

2. Adopt Ordinance No. 1619, approving Zone Change No. 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 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
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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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February 26, 2026 4

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Art Vela, Interim City Manager
PREPARED BY: Mark Staples, Planning Manager
MEETING DATE: February 26, 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 pursuant to the California Environmental Quality Act.

RECOMMENDATION:

Deny the Project Applications as Recommended by the Planning Commission by Adopting:

Resolution No. 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
Resolution No. 2026-27Denying 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/Union Pacific Railroad and West of Sunset Avenue Alternatively, Approve the Project Applications as recommended by Staff by Adopting:

Resolution No. 2026-28 Certifying the Environmental Impact Report (EIR), SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
5 Resolution No. 2026-29 Approving General Plan Amendment (No. 20-2501) and Specific Plan (No. 20-2002); and
Resolution No. 2026-30 Approving Annexation of 253.7 Acres into the City of Banning; and Resolution No. 2026-31 Approving the Tentative Parcel Map (TPM 38118); and Introducing by Title Only the Following Ordinances:

Ordinance No. 1618, Approving Zone Change (No. 20-3502) Ordinance No. 1620, Approving a Development Agreement between NP Banning Industrial LLC and the City of Banning
BACKGROUND:

PROJECT APPLICANT:

NP Banning Industrial, LLC
12977 N. Outer 40 Road, Suite 203
St. Louis, MO 63141
JANUARY 28, 2006, SPECIAL CITY COUNCIL MEETING:

At the January 28, 2026, City Council meeting, a public hearing was opened and closed for this project, comments from the public were received, and the Council asked questions of the project applicant.

Council Member Flynn motioned to continue the item to the next meeting, with Council Member Barrington seconding the motion. North Point in their effort to address questions and concerns raised in the January 28 meeting, particularly potential local impacts to traffic congestion include:

Reducing the total Industrial square footage from 5,545,000sf down to 4,749,000 sf, by removing the two western most warehouse buildings should reduce visual and traffic impacts. (Covenant

3.14 of Development Agreement)
An updated traffic memorandum (trip generation assessment, dated February 18, 2026) is provided as an attachment
Payment of an additional $1,000,000 towards the purchase of a ladder truck, along with the $15,000,000 payment towards the construction of a new fire station (Recital 22 of Development Agreement)
Retail Development Obligations of constructing a 100,000 sf commercial building, clarified schedule and fees for not completing the project within 36 months of annexation date (Covenant

3.11 of Development Agreement)
Updated Public Benefit, Public Improvements, and Development Impact Fees (Section 5 of Covenants, Development Agreement)
Animal Shelter Grant of $500,000 (Covenant 5.10.8 of Development Agreement BACKGROUND:

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 6 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 City Council 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 City Council 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 City Council 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 lettered lots for common area or public purposes. The City Council 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 City Council shall review the document and make a determination whether to certify the Final EIR.

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 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. 7 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 flows 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 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. 8 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 (I). 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 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 9 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 northwest 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 Spece-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 CA60 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 the construction of an extension of Sun Lakes Boulevard (SLB Extension) that would bisect the Development Site, 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 General Plan as an Arterial Highway (110’ ROW) and forms the project’s eastern boundary. As shown in 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 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 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 10 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 will 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 south 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 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. 11 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 nonpotable 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.

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 12 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 (30) 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 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 the Planning Commission and City Council.

JUSTIFICATION:

FINDINGS:

To approve the proposed Project applications, the City Council must first make all of the following findings in the affirmative. The basis for making such findings can be found in the attached Resolutions 13 and Ordinances, 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 consists 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 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 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 14 268,400 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 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 with existing and proposed development in the surrounding neighborhood. 15 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 as 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 City Council has conducted an independent review and is moving to 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 16 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, 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 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.

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 17 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.

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.

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 18 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) are 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 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, Rish 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)
19 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) 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 Malleby (January 15, 2024)
E-8: Charles Friese (January 19, 2024)
E-9: Patricia 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: Korrie Gartzke (January 23, 2024)
E-14: Rick and Lori Kaminsky (January 23, 2024)
E-15: Bernet Roth (January 14, 2024)
E-16: Timothy and Francisca Hanrathy (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 Arthuholtz (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)
20 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: Sudan Walsh (January 29, 2024)
E-31: Kathleen Dale (January 30, 2024)
E-32: Cindy Medley (January 30, 2024)
E-33: T. Gae Rush (January 31, 2024)
E-34: Robert Messiet (January 30, 2024)
E-35: Diane Nethercott (January 30, 2024)
E-36: Ron Roy (January 30, 2024)
E-37: Winona 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)
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§ 21 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.

Greehouse 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 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 NOI-1 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 ofemployment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.
22 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 January 2, 2026, 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 City Council at a special public hearing on January 28, 2025. This notice was also published in the Record Gazette, a newspaper of general circulation within the City of Banning, on January 2, 2026. Several comment letters were received and are included as an attachment to this report FISCAL IMPACT:

Increased property tax and sales tax revenues to the City from the development of commercial and industrial properties, including development impact fees and other fee revenue outlined in the Development Agreement.

ALTERNATIVES:

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

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. 3.1a GPA20-2501 ZC20-3502 TPM38118 CA CC EIR SOC MMRP REJECT Reso 2026-26.pdf

2. 3.1b GPA20-2501 ZC20-3502 SP20-2002 TPM38118 DA CC DENIAL Reso 2026-27.pdf

3. 3.1c GPA20-2501 ZC20-3502 TPM38118 DA CC EIR SOC MMRP CERTIFICATION Reso 2026-

28.pdf

4. 3.1d GPA 20-2501 SP 20-2002 APPROVAL Reso 2026-29.pdf

5. 3.1e GPA20-2501 ANNEXATION Reso 2026-30.pdf

6. 3.1f TPM38118 CC APPROVAL Reso 2026-31.pdf

7. 3.1g GPA20-2501 ZC20-3502 SP20-2002 TPM38118 EA20-1506 CC ExA COA 2-26-26.pdf

8. 3.1h ZC CC Ordinance No. 1618.pdf

9. 3.1i DA CC Ordinance 1620.pdf

10. 3.1j Banning Sunset Crossroads DA (4861-3845-1024.145).pdf

11. 3.1k Sunset Crossroads Specific Plan 2024-09-25.pdf

12. 3.1l TPM 38118 2024_09_16.pdf

13. 3.1m Link to Draft and Final EIR Documents Online.pdf

14. 3.1n CEQA Findings and SOOC - Sunset Crossroads.pdf

15. 3.1o Sunset Crossroads - Supplemental CEQA Technical Memorandum.pdf

16. 3.1p SunsetCrossroads - Modified Project v2.1 CEQA Tech Memo - Trip Generation Assessment AMENDED.pdf

17. 3.1q Sunset Crossroads Aerial Vicinity GP Zoning Maps.pdf

18. 3.1r PHN CC Meeting 01-28-26 Sunset Crossroads SP.pdf 23 19. 3.1s Sunset Crossroads Ltr to City Council 01.23.26.pdf

20. 3.1t Letters received in Support of Sunset Crossroads SP.pdf

21. 3.1u Letters received in Opposition of Sunset Crossroads SP.pdf

22. 3.1v Supplemental Correspondence Received After Public Hearing - January 28, 2026.pdf

23. 3.1w 2026 01 28_Special Meeting_Minutes_DRAFT.pdf

24. 3.1x 2025 09 10_Special PC Meeting Minutes_DRAFT.pdf

25. 3.1y 2025 11 17_PC Minutes_DRAFT.pdf
24 Resolution 2026-26
February 26, 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 25 Resolution 2026-26
February 26, 2026

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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.

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
26 Resolution 2026-26
February 26, 2026

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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 27 Resolution 2026-26
February 26, 2026

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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, in accordance with Government Code Section 65353 and 65855, on January 28, 2026, the City Council held the duly noticed special public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the City Council considered the entirety of the Project. At the conclusion of the hearing, the Council voted unanimously 5-0 to continue the item to a special public hearing date of February 26, 2026; 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 City Council 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: 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 City Council finds that the overriding considerations related to the social, economic and other benefits of the Project, 28 Resolution 2026-26
February 26, 2026

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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 City Council rejects the certification of the Sunset Crossroads FEIR, rejects adoption of the 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 26th day of February, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy, & Pinkney LLP
29 Resolution 2026-26
February 26, 2026

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CERTIFICATION:

I, Sandra Calderon, Deputy 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 26th day of February, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
30 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 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 Section 17.76.020 of the Banning Municipal Code, the City Council has the authority to interpret the General Plan; and 31 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 32 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 33 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, in accordance with Government Code Section 65353 and 65855, on January 28, 2026, the City Council held the duly noticed special public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the City Council considered the entirety of the Project. At the conclusion of the hearing, the Council voted unanimously 5-0 to continue the item to a special public hearing date of February 26, 2026; 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 34 Resolution 2026-27
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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 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. 35 Resolution 2026-27
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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 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.
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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.

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 37 Resolution 2026-27
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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 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):

Per Section 17.116.040, and per the Planning Commission’s recommendation, the City Council finds and determines 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 and City Council 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.
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Finding C: That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

Findings of Fact: Per the Planning Commission recommendation, the City Council 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 emissions as described in the EIR. In their review of these impacts, the City Council rejects certification of the EIR, as detailed in Section 2, above.

SECTION 4. FINDINGS FOR SPECIFIC PLAN:

BZO Section 17.96.050 requires that four findings be met to justify approval of a Specific Plan application. The City Council finds and determines 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 and City Council 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 City Council finds and has determined 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:
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Finding A: The proposed Tentative Parcel Map is consistent with all applicable general and specific plans.

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 and City Council 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 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 City Council finds and has determined 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 40 Resolution 2026-27
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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 SpaceResources and Open Space-Parks), which are inconsistent with the proposed Development Agreement. Further, the Planning Commission and City Council 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, Deputy City Clerk
City of Banning

LEGAL AS TO FORM
John Pinkney, City Attorney
SBMEP
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CERTIFICATION:

I, Sandra Calderon, Deputy 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, Deputy City Clerk
City of Banning
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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, GENERAL PLAN AMENDMENT NO. 20-2501,
ZONE CHANGE 20-3502, SPECIFIC PLAN NO. 20-2002, 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 AND INCLUDING

A PROGRAMMATIC ANALYSIS OF GENERAL PLAN AMENDMENT (GPA) 22-2502, AND ZONE CHANGE (ZC) 22-3502 IN CONNECTION WITH A

TRANSFER OF RESIDENTIAL DENSITY ON PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF WESTWARD AND SUNSET AVENUES.

WHEREAS, NP Banning Industrial, LLC has filed an application for General Plan Amendment (GPA) 20-2501, Zone Change (ZC) 20-3502, Specific Plan 20-2002, 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 approximately 533.8 acres of real property located in the City of Banning and the County of Riverside south of I-10 and the Union Pacific Railroad, and west of Sunset Avenue with 253.7 acres of this property located in unincorporated Riverside County in the City’s southerly sphere of influence. The property is comprised of 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 and more specifically described on Exhibit A attached hereto and incorporated herein by this reference (“Project site”); 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 Sections 17.60.030, 17.64.060, 17.96.050, 17.116.040 and 16.14.050.A of the Banning Municipal Code, the City Council has the authority to review and approve or conditionally approve the subject applications GPA 20-2501, ZC 43 Resolution 2026-28
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20-3502, SP 20-2002, TPM 38118, a DA between NP Banning Industrial, LLC and EA 20- 1506 (SCH# 2021020011); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(1) and 15378, 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 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 (SCH No. 2021020011) for an EIR evaluating the Project and the concurrent entitlement of the MSJC Site to accommodate State law required transfer of residential density from the Project site. The NOP 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 Project includes a General Plan Amendment and 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 Project with all correspondence received indicated that their respective tribal groups did not have any responses or that no specific archival information at the Development Site indicated that it may be a sacred site or other site of Native American traditional cultural value; 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 44 Resolution 2026-28
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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 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 (the DEIR and Final EIR, collectively, “FEIR”); 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 at a September 10, 2025 Planning Commission special meeting convened to consider the Project and to recommend that the City Council adopt a Final Environmental Impact Report, inclusive of the Draft EIR (“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, at the September 10, 2025 special meeting 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 Planning 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 continuation of the September 10, 2025 Planning Commission special meeting to the regular meeting of the Planning Commission on November 5, 2025 to continue deliberations and make recommendations to the City Council regarding the Project entitlements. including the FEIR. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and 45 Resolution 2026-28
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WHEREAS, the City supplemented the FEIR with a Sunset Crossroads Project— Supplemental CEQA Memorandum prepared by Urban Crossroads, Inc. dated October 23, 2025 (“Initial Supplemental CEQA Memorandum”) to address revisions to the Project described therein; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, at the November 5, 2025 regular meeting, 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 by a vote of 3 in support and 2 opposed as to the Project and 5 in support and none opposed as to the MSJC Site density transfer, instructed staff to prepare resolutions making findings supporting a denial recommendation to the City Council of the projects and rejection of the certification of the FEIR and continued the matters to November 17, 2025; and
WHEREAS, at a November 17, 2025 special meeting, the Planning Commission voted 3 in support and 2 opposed to adopt Resolution No. 2025-15 recommending the City Council deny Project applications and rejecting the certification of the FEIR, and voted 5 in support and none opposed to adopt Resolution No. 2025-16 recommending the City Council deny applications with respect to the MSJC Site entitlements, each including related findings, 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, at the January 28, 2026 special meeting, the City Council held a public hearing, commenced deliberation and voted 5-0 to continue deliberation of the matter at a special meeting on February 26, 2026; and
WHEREAS, the City further supplemented the FEIR with a Sunset Crossroads Project—Modified Project V2.1 Trip Generation Assessment prepared by Urban Crossroads, Inc. dated February 20, 2026 (collectively with the Initial Supplemental CEQA Memorandum, the “Supplemental CEQA Memoranda”) to address further reductions in Project industrial square footage and related traffic impacts; and WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the FEIR as supplemented by the Supplemental CEQA Memoranda, which are sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the modifications the Project identified in the Supplemental CEQA Memoranda and the Development Agreement do not increase the environmental impacts of the Project and do not meet any of the criteria set forth in Section 15088.5 of the State CEQA Guidelines requiring recirculation and therefore the FEIR does not need to be recirculated prior to its certification; and
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WHEREAS, the Project reduces environmental impacts by incorporating the reduction in industrial uses generally as contemplated by Alternative 4, the Reduced Industrial Alternative, which was identified as the Environmentally Superior Alternative in the FEIR, including by (1) eliminating the extension of Lincoln Street over the Smith Creek drainage, buildout of Highland Home Road north of Sun Lakes Boulevard and the related fire road access and (2) eliminating Industrial buildings in Planning Areas 2, 3, 7, 8 and 9 and all cold-storage uses, thereby reducing overall Industrial square footage to a maximum of 4,749,000 square feet, which is an even greater reduction in square footage and elimination of more buildings than considered in Alternative 4. The Project also modifies and reduces impacts to the Commercial land uses by removing construction of the truck fueling operation, modifying the mix of commercial uses, and reducing the maximum commercial square footage to approximately 223,753 square feet, including up to 200,000 square feet discount club use, plus 125 hotel rooms; and WHEREAS, the City, as “Lead Agency” under the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, concurrently with adoption of this Resolution, certified the FEIR as supplemented by the Supplemental CEQA Memoranda and adopted Findings and Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program and determined that the FEIR as so supplemented sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects while feasibly attaining most of the basic objectives of the Project in accordance with CEQA and the State CEQA Guidelines, and has determined that the General Plan Amendment and Specific Plan have been fully analyzed per CEQA under the FEIR as so supplemented and all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution and in the accompanying staff report, are based on the facts, analysis and conclusions in the FEIR as supplemented by the Supplemental CEQA Memoranda, all of which are incorporated herein by this reference, and the oral and written evidence presented to it as a whole, and not based solely on the information provided in this Resolution; and
WHEREAS, environmental impacts which the City finds are less than significant and do not require mitigation are described in the FEIR and Supplemental CEQA Memoranda; and
WHEREAS, environmental impacts that are potentially significant but which the City finds can be mitigated to a level of less than significant through the imposition of feasible Mitigation Measures are identified in the FEIR and the Supplemental CEQA Memoranda; and
WHEREAS, certain environmental impacts that are potentially significant and the City finds cannot be fully mitigated to a level of less than significant despite the imposition of all feasible Mitigation Measures are identified in the FEIR and the Supplemental CEQA Memoranda; and
WHEREAS, alternatives to the Project that might eliminate or reduce significant 47 Resolution 2026-28
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environmental impacts are described in the FEIR; and
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the FEIR, the Findings and Statement of Overriding Considerations, the Mitigation Monitoring and Reporting Program, the Supplemental CEQA Memoranda, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the FEIR, the Supplemental CEQA Memoranda, the Findings and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program reflect the independent judgment of the City Council and are deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City or any additional information submitted to the City following publication of the FEIR have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5 and do not change the findings and conclusions in the Final EIR, the Supplemental CEQA Memoranda, the Findings or the Statement of Overriding Considerations; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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.

C. The City Council has reviewed the Final EIR, inclusive of the Draft EIR, and the Supplemental CEQA Memoranda, which are on file with the Planning Department and incorporated herein by this reference, and all comments received regarding the FEIR.

In light of the whole record, the City Council determines and finds that: (1) the FEIR as supplemented by the Supplemental CEQA Memoranda was prepared in compliance with CEQA; (2) where the Final EIR as supplemented by the 48 Resolution 2026-28
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Supplemental CEQA Memoranda determines that impacts cannot be mitigated to less than significant for the Project, the City Council has carefully considered and balanced the benefits of the Project against its unavoidable environmental risk and determined that the benefits outweigh the unavoidable adverse environmental effects and that the adverse environmental effects may be considered acceptable as further set forth in the Statement of Overriding Considerations, (3) except as set forth in the FEIR, Supplemental CEQA Memoranda and the Findings and Statement of Overriding Considerations, 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 FEIR 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 as supplemented by the Supplemental CEQA Memoranda, 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 Resolution.

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

The Sunset Crossroads Project site and the MSJC Site are located outside of 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 26th day of February, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
49 Resolution 2026-28
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CERTIFICATION:

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
50 Resolution 2026-29
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RESOLUTION 2026-29

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

CA, APPROVING THE SUNSET CROSSROADS GENERAL PLAN
AMENDMENT NO. 20-2501 AND SPECIFIC PLAN NO. 20-2002 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, NP Banning Industrial, LLC has filed 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 approximately 533.8-acres of real property located in the City of Banning and the County of Riverside south of I-10 and the Union Pacific Railroad, and west of Sunset Avenue with 253.7 acres of this property located in unincorporated Riverside County in the City’s southerly sphere of influence. The property is comprised of 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 and more specifically described on Exhibit A attached hereto and incorporated herein by this reference (“Project Site”); and WHEREAS, concurrently with consideration of the Project, the City is separately and independently 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 that are not part of the Project Site 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) (collectively the “MSJC Site Entitlements”), 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 17.64.060 of the Banning Municipal Code, the City Council has the authority to review and approve or conditionally approve the subject applications GPA 20-2501 and the related CEQA documents (SCH# 2021020011); and WHEREAS, pursuant to Article 8 of Chapter 3 of Division 1 of Title 7 of the California Government Code (“Specific Plan Statute”) and Section 17.94.050 of the 51 Resolution 2026-29
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Banning Municipal Code, the City Council has the authority to review and approve or conditionally approve the subject application SP 20-2002; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(1) and 15378, 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 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 (SCH No. 2021020011) for an EIR evaluating the Project subject to City Council approval of the proposed MSJC Site Entitlements to accommodate State law required transfer of residential density from the Project site. The NOP 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 Project includes a General Plan Amendment and 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 Project with all correspondence received indicated that their respective tribal groups did not have any responses or that no specific archival information at the Project Site indicated that it may be a sacred site or other site of Native American traditional cultural value.; and
WHEREAS, the City provided a separate consultation invitation to these same 31 Native American contacts on August 25, 2022, specifically identifying the entitlement 52 Resolution 2026-29
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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 Site 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 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 (the DEIR and Final EIR, collectively, “FEIR”); 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 at a September 10, 2025 Planning Commission special meeting convened to consider the Project. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary. In accordance with Government Code Sections 65353 and 65855, at the September 10, 2025 special meeting the Planning Commission held a 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 Planning 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 53 Resolution 2026-29
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Gazette newspaper of continuation of the September 10, 2025 Planning Commission special meeting to the regular meeting of the Planning Commission on November 5, 2025 to continue deliberations and make recommendations to the City Council regarding the Project entitlements, including the FEIR. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, the City supplemented the FEIR with a Sunset Crossroads Project— Supplemental CEQA Memorandum prepared by Urban Crossroads, Inc. dated October 23, 2025 (“Initial Supplemental CEQA Memorandum”) to address revisions to the Project described therein; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, at the November 5, 2025 regular meeting, 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 by a vote of 3 in support and 2 opposed as to the Project and 5 in support and none opposed as to the MSJC Site Entitlements, instructed staff to prepare resolutions making findings supporting a recommendation of denial to the City Council of the Project and the MSJC Site Entitlements and rejection of the certification of the FEIR and continued the matters to a special meeting on November 17, 2025; and
WHEREAS, at a November 17, 2025 special meeting, the Planning Commission voted 3 in support and 2 opposed to adopt Resolution No. 2025-15 recommending the City Council deny Project applications and rejecting the certification of the FEIR, and voted 5 in support and none opposed to adopt Resolution No. 2025-16 recommending the City Council deny applications with respect to the MSJC Site Entitlements, each including related findings, 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, at the January 28, 2026 special meeting, the City Council held a public hearing, commenced deliberation and voted 5-0 to continue deliberation of the matter at a special meeting on February 26, 2026; and
WHEREAS, the City further supplemented the FEIR with a Sunset Crossroads Project—Modified Project V2.1 Trip Generation Assessment prepared by Urban Crossroads, Inc. dated February 20, 2026 (collectively with the Initial Supplemental CEQA Memorandum, the “Supplemental CEQA Memoranda”) to address further reductions in Project industrial square footage and related traffic impacts; and 54 Resolution 2026-29
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WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed General Plan Amendment and zone change, Sunset Crossroads Specific Plan, Development Agreement, Parcel Map and supporting materials, and public testimony and finds the Project in conformance with the requirements of the Banning Municipal Code and the City’s General Plan; and WHEREAS, adoption of General Plan Amendment 20-2501 and Specific Plan 20- 2002 would result in designation of the Project site in the City of Banning Official General Plan Map as “Specific Plan - Sunset Crossroads” and would provide General Commercial (GC), Industrial (I), Open Space – Parks (OS-P), and Open Space – Resources (OS-R) land uses as depicted on Figure 2.1 of the Specific Plan. 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; and WHEREAS, the Project reduces environmental impacts by incorporating the reduction in industrial uses generally as contemplated by Alternative 4, the Reduced Industrial Alternative, which was identified as the Environmentally Superior Alternative in the FEIR, including by (1) eliminating the extension of Lincoln Street over the Smith Creek drainage, buildout of Highland Home Road north of Sun Lakes Boulevard and the related fire road access and (2) eliminating Industrial buildings in Planning Areas 2, 3, 7, 8 and 9 and all cold-storage uses, thereby reducing overall Industrial square footage to a maximum of 4,749,000 square feet, which is an even greater reduction in square footage and elimination of more buildings than considered in Alternative 4. The Project also modifies and reduces impacts to the Commercial land uses by removing construction of the truck fueling operation, modifying the mix of commercial uses, and reducing the maximum commercial square footage to 223,753 square feet, including up to 200,000 square feet of discount club use, plus a 125 room hotel; and WHEREAS, the City, as “Lead Agency” under the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, concurrently with adoption of this Resolution pursuant to adoption of Resolution 2026-28, certified the FEIR as supplemented by the Supplemental CEQA Memoranda and adopted Findings and Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program and determined that the FEIR as so supplemented sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects while feasibly attaining most of the basic objectives of the Project in accordance with CEQA and the State CEQA Guidelines, and has determined that the General Plan Amendment and Specific Plan have been fully analyzed per CEQA under the FEIR as so supplemented and all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution and in the accompanying staff report, are based on the facts, analysis 55 Resolution 2026-29
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and conclusions in the FEIR as supplemented by the Supplemental CEQA Memoranda, all of which are incorporated herein by this reference, and the oral and written evidence presented to it as a whole, and not based solely on the information provided in this Resolution; and
WHEREAS, the City concurrently with adoption of this Resolution is adopting Ordinance 1618 approving Zone Change Case No. 20-2502, and Ordinance 1620 approving a Development Agreement for the Project (“Development Agreement”) and it is the intent of the City that the General Plan Amendment and Specific Plan become effective concurrently with the effective date of the Development Agreement Ordinance and Zone Change;
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 a General Plan Amendment may be adopted only if the four findings specified there are made. The Planning Commission did not recommend that the City Council could find and determine that the General Plan Amendment be approved. As it is authorized to do pursuant to Section 17.64.060 of the Banning Municipal Code, the City Council nonetheless finds and determines 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 General Plan Land Use map and the Zoning map are 100% consistent with one another and, therefore, the same map doubles to serve both purposes. The Project will not create an incompatible land use as discussed in Table

4.11.A: Project Consistency Analysis with the City of Banning General Plan, found in the Draft EIR. This Table evaluates how the Project is internally consistent with each element of the General Plan. The Project is also consistent for the following reasons with the goals and policies of the General Plan:
• Land Use Residential Goal 1 and Residential Policy 2 regarding compatibility with adjacent residential neighborhoods because the FEIR, as supplemented by the 56 Resolution 2026-29
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Supplemental CEQA Memoranda, analyzed and did not identify any significant localized air quality impact, health risk, noise impacts, or greenhouse gases from Project operations or Project truck and auto traffic along Sunset Avenue or other streets adjoining residential use and the FEIR found no significant visual impacts.

The buildings are spread over 530 acres and the FEIR’s visual analyses of the impacts of the building sizes found no significant impact because of their height or mass. The additional buffering provided by the proposed modified Project described in the Supplemental CEQA Memoranda further lessens visual impacts. • Land Use Element Policy 1 requiring the City to maintain a land use map which assures a balance of residential, commercial, industrial open space and public lands and Land Use Element Commercial and Industrial Policy 7 requiring the land use map to contain sufficient land for industrial uses including warehousing and distribution while carefully considering compatibility with adjacent lands.

Since adoption of the 2006 General Plan, residential development has outpaced commercial and industrial development resulting in a jobs-housing ratio that is skewed toward residential development, creating a current need for more industrial and commercial development that the Project addresses while considering compatibility with adjacent lands and reducing impacts through adoption of the Mitigation Monitoring and Reporting Plan and project design features adopted as part of the Project;
• Land Use Element Industrial Goal requiring a balanced mix of non-polluting industrial land uses which provide local jobs for the City’s residents because the industrial uses proposed are not manufacturing or polluting industries, non-mobile impacts are not a significant source of pollution and the Project would provide a significant number of local jobs for City residents;
• Land Use Element Commercial and Industrial Policy 8, because the Project’s industrial uses are located on major roadways with good access to Interstate 10 minimizing impacts from truck traffic, Sunset Avenue, which provides a direct route to Interstate 10 was designated as an arterial/secondary highway in the 2013 General Plan Circulation Element and the General Plan indicates that arterial/secondary highways are appropriate for truck traffic. The design and width of Sunset Avenue provides more than sufficient capacity for Project vehicles and City projected traffic increases. The Project also incorporates appropriate traffic planning including a truck route management plan to minimize impacts on adjacent residential neighborhoods and limit truck traffic to streets allowing such use under the General Plan
• Circulation Element Policy 6 in that the LOS D or better is maintained at all studied local intersections with the Project. The Project includes requirements that the developer dedicate land for right of way, widen roadways, provide other infrastructure and pay transportation fees.
• The General Plan’s City Wide Goals, Policies, and Programs and Policy 1, Economic Development Element Program 1.A which require the City to report on and maintain a balance of residential, commercial and industrial lands, by authorizing additional industrial and commercial land use on a large acreage 57 Resolution 2026-29
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within the City to balance the large scale residential buildout being undertaken elsewhere in the City,
• Economic Element Policy 2 requiring the City to recruit new businesses, particularly those that generate and broaden employment opportunities, increase discretionary incomes, and contribute to City General Fund revenues by providing the opportunity for new revenue and job creating businesses to operate in the City providing approximately 3,500 construction jobs and over 4,000 permanent local jobs and ensuring land area is made available for uses that generate revenue to the City through tax dollars and other means to support the fiscal needs of the City.

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 Project, strengthening City economic development and job opportunities, while not damaging the public interest, health, safety, convenience, or welfare of the City. As set forth in the FEIR certified by the City Council, as supplemented by the Supplemental CEQA Memoranda, the related CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program adopted by the City Council in Resolution 2026-28:
• the adverse significant environmental effects of the Project would be reduced to the extent feasible by incorporation of project design features, required regulatory measures and adopting the mitigation measures identified in the Mitigation Monitoring and Reporting Program;
• construction noise impacts can be mitigated to less than significant with the consent of the City;
• impacts that were found not to be mitigated to less than significant are comprised of regional impacts related to air quality and greenhouse gas emissions and not local air quality and health impacts, which are found to be less than significant; and
• all significant and unavoidable impacts of the Project are outweighed as set forth in the Statement of Overriding Considerations by the social, economic and other benefits of the Project including the extensive public benefits to the City such as

12.6 acres of public parks, $5.1 million for the construction of Sun Lakes Boulevard, construction of general plan roadways at no cost to the City, creation of 3,500 construction jobs and over 4,000 permanent local jobs that will be available for Banning residents, land and $16 million toward the potential future development of a fire station, $1 million annually for a special facilities tax, a $7.2 million public benefit fee, $10 million toward the Banning Electric substation cost, $750,000 to be used for Banning downtown beautification or small business assistance for small businesses located in Banning, and 13 acres for public facilities as set forth in the Development Agreement, and render those potential significant impacts acceptable.
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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 continue to retain vacant General Commercial land by preserving 47.9 acres for commercial uses, and will increase the amount of vacant Industrial land by 392 acres, which provides a statistically significant positive change in the balance of vacant nonresidential land uses within the City. A transfer of the residential density from the Project site to the MSJC Site to comply with State law and General Plan Housing Element goals and programs will transfer that density within the City, resulting in no net loss of residential density, and will be consistent with General Plan Housing Element goals and programs which require the City to create very high density zoning with a range of 24-30 du/acre and to facilitate RHNA increases in multifamily, high density residential sites (p. 67, and Program 4 at pp. 87-88) for the City. 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).

Findings of Fact: The Project site is physically suitable for the surrounding environment.

The Project site is undeveloped, has appropriate access to major roadways, including Sunset Avenue which will be expanded to full City design standards providing direct access to Interstate 10 and conservation as open space of drainages and adjoining land throughout the Project site. The Project underwent geotechnical, hydrology, and environmental analyses that confirmed suitability for the scale and type of development.

The proposed Specific Plan establishes design guidelines and standards, incorporating landscaping, architectural standards, buffers, and traffic planning and providing transitions in use, intensity and design to surrounding lands to ensure compatibility with adjoining land uses. A Plan of Services and a Water Supply Assessment prepared for the Project indicates that site access and infrastructure for utility conveyances are 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).
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SECTION 3. FINDINGS FOR SPECIFIC PLAN:

Section 17.96.060 of the Banning Municipal Code requires that a Specific Plan may be adopted only if the four findings specified there are made. The Planning Commission did not recommend that the City Council could find and determine that the Specific Plan be adopted. As it is authorized to do pursuant to Section 17.96.050 of the Banning Municipal Code the City Council nonetheless finds and determines that General Plan Amendment, Case No. GPA 20-2501, and the Specific Plan, Case No. 20-2002, can be approved because the following required findings can all be met in the affirmative:

Finding A: The proposed plan is consistent with the General Plan; Finding of Fact: The Specific Plan is consistent with the proposed General Plan amendment. It is also consistent with the City’s General Plan by allowing additional economic growth opportunities, while balancing land use, circulation, and economic development with the corresponding general plan amendment and zoning amendment to establish the use at the Project site. 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. The transfer of residential capacity to an off-site location adjacent to a higher-education campus is required by State law and consistent with General Plan Housing Element goals and Programs 4 which require the City to create very high density zoning with a range of 24- 30 du/acre.

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 only impacts that cannot be mitigated to less than significant are regional air quality impacts, greenhouse gas emissions, and construction noise impacts. Local air quality and health impacts are less than significant, and construction noise impacts can be mitigated to less than significant with the consent of the City. As for the three impacts that remain significant , the Project provides extensive public benefits to the City which include 12.6 acres of public parks, $5.1 million for the construction of Sun Lakes Boulevard, construct general plan roadways at no cost to the City, 3500 construction jobs and over 4,000 permanent local jobs for Banning residents, land and $16 million toward the potential future development of a fire station, $1 million annually for a special facilities tax, a $7.2 million public benefit fee, $10 million toward the Banning Electric substation cost, $750,000 to be used for Banning downtown beautification or small business assistance for small businesses located in Banning, and 13 acres for public facilities and other long-term economic and community benefits set forth in the Statement of Overriding Considerations. Therefore, 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. Additionally, consistent with 60 Resolution 2026-29
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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 Project Site is physically suitable for the intended land uses. It is undeveloped, has appropriate access to major roadways, including Sunset Avenue which will be expanded to full City design standards providing direct access to Interstate 10, and conservation as open space of drainages and adjoining land throughout the Project site.

The Project Site underwent geotechnical, hydrology, and environmental analyses that confirmed suitability for the scale and type of development. The proposed Specific Plan establishes design guidelines and standards, incorporating landscaping, architectural standards, buffers, and traffic planning, providing transitions in use intensity and design to surrounding lands to ensure compatibility and that the Project will be served by necessary infrastructure improvements (e.g., sewer, water, traffic).

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

Finding of Fact: The Project design reflects a desirable and compatible character with adjacent uses which include residential, commercial, and institutional land uses. The proposed Project incorporates landscaping, architectural standards, and buffers. The EIR found no significant visual impacts. The buildings are spread over 530 acres, the EIR’s visual analyses of the impacts of the building sizes found no significant impact because of their height or mass. The proposed Project includes transitions in use intensity and design including additional buffering provided by the proposed modified Project to ensure compatibility. The Project also incorporates appropriate traffic planning including a truck route management plan to minimize impacts on adjacent residential neighborhoods and limit truck traffic to streets allowing such use under the General Plan. The Project includes transitions in use intensity and design to ensure compatibility.

SECTION 4. APPROVAL
The City Council Hereby Approves General Plan Amendment No. 20-2501 and directs the Community Development Director to amend the City of Banning Official General Plan Map as depicted on Exhibit B to this Resolution and incorporated herein by this reference to amend the land use designations for the Project Site from High Density Residential, Medium Density Residential, Low Density Residential, General Commercial and Open Space - Resource and Open Space - Parks to “Specific Plan – Sunset Crossroads” subject to termination of this approval as set forth in the Development Agreement if the First Installment of the Public Benefit Fee (each as defined in the Development Agreement) is not timely paid in accordance with the terms of Section 5.2.1 of said Development Agreement. 61 Resolution 2026-29
February 26, 2026

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The City Council Hereby Approves Specific Plan 20-2002 attached to this Resolution as Exhibit C and incorporated herein by this reference as the same is amended by the terms of Section 3 inclusive of the Development Agreement approved by the City concurrently with approval of this Resolution pursuant to Ordinance 1620 subject to the terms and provisions of the Development Agreement. The Sunset Crossroads Specific Plan constitutes the zoning regulations for the Specific Plan area and will be established as a Specific Plan zoning district to be shown upon the City of Banning Official Zoning Map as set forth in Banning Municipal Code Section 17.96.080.

SECTION 5. 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.

SECTION 6. EFFECTIVENESS
This Resolution shall become effective upon the effective date of Ordinance 1620.

PASSED, APPROVED AND ADOPTED this 26th day of February, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
62 Resolution 2026-29
February 26, 2026

Page 13 of 16 ends

CERTIFICATION:

I, Sandra Calderon, Deputy 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 26 th day of
February, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
63 Resolution 2026-29
February 26, 2026

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EXHIBIT A
Legal Description of Project Site
PARCEL A:

PARCELS 1 THROUGH 4, INCLUSIVE OF MAPS AND LETTERED LOTS A THROUGH J, INCLUSIVE, OF PARCEL MAP NO. 25541, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ON FILE IN BOOK 166 PAGES 27 THROUGH 35,

INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA PARCEL B:

PARCELS 1 THROUGH 9 AND LETTERED LOTS "A" THROUGH "O", ALL INCLUSIVE OF PARCEL MAP 28971, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 198 PAGES 8 THROUGH 10 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM PARCELS 3 AND 7, THOSE PORTIONS CONVEYED TO THE CITY OF BANNING BY A DEED RECORDED JANUARY 15, 1998 AS INSTRUMENT NO. 015506 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

ALSO EXCEPTING THEREFROM PARCEL 3 ALL THAT PORTION CONVEYED TO THE CITY OF BANNING BY A DEED RECORDED MARCH 22, 2002 AS INSTRUMENT NO. 2002-146041.

PARCEL C:

PARCELS 1 AND 2 AND LETTERED LOTS A, B, AND C OF PARCEL MAP 13521, IN THE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 83, PAGES 13 THROUGH 15, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO THE CITY OF BANNING, A MUNICIPAL CORPORATION, BY DEED RECORDED JANUARY 15, 1998, AS INSTRUMENT NO. 98-015506, OFFICIAL RECORDS.
64 Resolution 2026-29
February 26, 2026

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EXHIBIT B
Existing General Plan/Zoning Map
65 Resolution 2026-29
February 26, 2026

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EXHIBIT C
Specific Plan
66 Resolution No. 2026-30

Page 1 ends

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 is located on approximately 253.7 acres of land in the unincorporated area of the County of Riverside and is legally described on 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, inclusive of the Draft EIR (“FEIR”), and the Supplemental CEQA Memorandum dated October 23, 2025 to address revisions to the Project and the Sunset Crossroads Project—Modified Project V2.1 Trip Generation Assessment dated February 20, 2026 to address further reductions in Project industrial square footage and related traffic impacts, each prepared by Urban Crossroads, Inc. (collectively, “Supplemental CEQA Memoranda”), which together consider the City’s General Plan Amendment and pre-zoning 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 (“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 an adjoining 280.1 acres of land in the City also to be governed by the Specific Plan (“Project Entitlements”); and WHEREAS, 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 the policies of LAFCO including to ensure the establishment of an 67 Resolution No. 2026-30

Page 2 ends

appropriate and logical municipal government structure for the distribution of efficient and appropriate public services, and does not affect prime agricultural land; 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 Property; and
WHEREAS, the reasons for the proposed annexation are as follows:
(i) This annexation is in the public interest, in that the Property is in the sphere of influence of the City, is contiguous to land in the City on three sides, is part of a larger Specific Plan area that includes substantial land in the City and that there will be a community benefit resulting from the amendment:
(ii) It will provide for more efficient public service; (iii) It preserves open space within urban development patterns; and (iv) It 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 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 EIR.

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 EIR to avoid or substantially lessen the significant environmental effects as identified in the 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.
68 Resolution No. 2026-30

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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 proposed for annexation will change land uses from High Density Residential, Very Low Density Residential, Low Density Residential, and Open Space zoning districts to industrial land uses. Moreover, the 253.7 acres interconnects the vehicle circulation through the development project site and improves surrounding roadways with circulation improvements that will make access better for existing residential uses to the south, east and west 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 are currently provided by the City.

The Specific Plan is in conformance with the plans of local purveyors and structured to ensure that necessary roads, utilities, landscape elements, and other infrastructure facilities are installed when needed to accommodate the needs of the project as it builds out. Utility facilities, including power and other transmission towers, cellular communication towers will be sited to ensure minimal environmental impacts and land is proposed to be dedicated to accommodate City public services including an electrical substation, potable water reservoir, reverse osmosis facility and fire station.

SECTION 3. APPROVAL
The City Council hereby approves the Annexation request and requests the Riverside Local Agency Formation Commission to favorably consider Annexation of the subject property comprising approximately 253.7 acres of land in the unincorporated area of the County of Riverside as legally described in Exhibit A subject to the other Project Entitlements including the Development Agreement.
69 Resolution No. 2026-30

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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 26th day of February, 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
70 Resolution No. 2026-30

Page 5 ends

CERTIFICATION:

I, Sandra Calderon, Deputy 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 26th day of February, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
71 Resolution No. 2026-30

Page 6 ends

EXHIBIT A
Legal Description of Property

LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED PARCEL B:

EXCEPTING THEREFROM PARCELS 3 AND 7, THOSE PORTIONS CONVEYED TO THE CITY OF BANNING BY A DEED RECORDED JANUARY 15, 1998 AS INSTRUMENT NO. 015506 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

ALSO EXCEPTING THEREFROM PARCEL 3 ALL THAT PORTION CONVEYED TO THE CITY OF BANNING BY A DEED RECORDED MARCH 22, 2002 AS INSTRUMENT NO. 2002-146041.

PARCEL C:

PARCELS 1 AND 2 AND LETTERED LOTS A, B, AND C OF PARCEL MAP 13521, IN

THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 83, PAGES 13 THROUGH 15, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Page 1 of 8 ends

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 General Plan Amendment (GPA) 20-2501, Zone Change (ZC) 20-3502, Specific Plan 20-2002, 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 (“Project Site”), has been duly filed by NP Banning Industrial, LLC; and WHEREAS, concurrently with consideration of the Project, the City is considering certification of Final EIR SCH No. 2021020011, including a Draft EIR, and the Supplemental CEQA Memorandum dated October 23, 2025 to address revisions to the Project and the Sunset Crossroads Project—Modified Project V2.1 Trip Generation Assessment dated February 20, 2026 to address further reductions in Project industrial square footage and related traffic impacts, each prepared by Urban Crossroads, Inc. (“collectively the “Supplemental CEQA Memoranda”) prepared in accordance with State law considering the environmental effects of the Project, and of the concurrent adoption of a General Plan Amendment (GPA) 22-2502, and Zone Change (ZC) 22-3502, to amend the existing land use designation on twelve parcels of land that are not within the Project Site 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 Entitlements”) to ensure that approval of the Project will not result in a net loss of residential housing capacity; and WHEREAS, pursuant to Section 16.14.050.A of the Banning Municipal Code, the City Council has the authority to review and approve or conditionally approve TPM 38118; and
73 Resolution 2026-31
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WHEREAS, in accordance with Government Code Sections 65353 and 65855, at the September 10, 2025 special meeting 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 including TPM 38118. At the conclusion of the hearing, the Planning 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 continuation of the September 10, 2025 Planning Commission special meeting to the regular meeting of the Planning Commission on November 5, 2025 to continue deliberations and make recommendations to the City Council regarding the Project entitlements, including TPM 38118. 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, at the November 5, 2025 regular meeting, 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 by a vote of 3 in support and 2 opposed as to the Project and 5 in support and none opposed as to the MSJC Site Entitlements, instructed staff to prepare resolutions making findings supporting a recommendation of denial to the City Council of the Project and the MSJC Site Entitlements and rejection of the certification of the FEIR and continued the matters to November 17, 2025; and
WHEREAS, at a November 17, 2025 special meeting, the Planning Commission voted 3 in support and 2 opposed to adopt Resolution No. 2025-15 recommending the City Council deny Project applications and rejecting the certification of the FEIR, and voted 5 in support and none opposed to adopt Resolution No. 2025-16 recommending the City Council deny the MSJC Site Entitlements, each including related findings; 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, at the January 28, 2026 special meeting, the City Council held a public hearing, commenced deliberation of the Project and voted 5-0 to continue deliberation of the matter at a special meeting on February 26, 2026; and 74 Resolution 2026-31
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WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed General Plan Amendment and Zone Change, Sunset Crossroads Specific Plan, Development Agreement, Parcel Map and supporting materials, and public testimony and finds the Project in conformance with the requirements of the Banning Municipal Code and the City’s General Plan; and WHEREAS, the City, as “Lead Agency” under the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, concurrently with adoption of this Resolution pursuant to adoption of Resolution 2026-28, certified the FEIR as supplemented by the Supplemental CEQA Memoranda and adopted Findings and Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program and determined that the FEIR as so supplemented sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects while feasibly attaining most of the basic objectives of the Project in accordance with CEQA and the State CEQA Guidelines, and has determined that the General Plan Amendment and Specific Plan have been fully analyzed per CEQA under the FEIR as so supplemented and all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution and in the accompanying staff report, are based on the facts, analysis and conclusions in the FEIR as supplemented by the Supplemental CEQA Memoranda, all of which are incorporated herein by this reference, and the oral and written evidence presented to it as a whole, and not based solely on the information provided in this Resolution; and
WHEREAS, the City concurrently with adoption of this Resolution is adopting Resolution 2026-29 adopting a General Plan amendment and Specific Plan, Ordinance 1618 approving Zone Change Case No. 20-2502, and Ordinance 1620 approving a Development Agreement for the Project (“Development Agreement”) and it is the intent of the City that the General Plan Amendment, Specific Plan and this Resolution 2026-31 become effective concurrently with the effective date of the Development Agreement Ordinance subject to termination of this approval as set forth in the Development Agreement if the First Installment of the Public Benefit Fee (each as defined in the Development Agreement) is not timely paid in accordance with the terms of Section 5.2.1 of said Development Agreement;
NOW, THEREFORE, the City Council of the City of Banning does hereby resolve, determine, find, and order as follows with respect to Tentative Parcel Map 38118:

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution. 75 Resolution 2026-31
February 26, 2026

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SECTION 2. 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 TPM 38118 will be consistent with the designation of the Project Site as “Specific Plan,” and the proposed TPM 38118 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 TPM 38118 furthers the objectives and policies of the General Plan in that 440 acres of the Project Site is dedicated to commercial and industrial development, with no net loss of residential density, provided that the MSJC Site Entitlements are adopted by the City Council.

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 Specific Plan identifies the permitted land uses; development standards, design guidelines; and implementation provisions applicable the Project. The Project includes a General Plan Amendment amending the land use designations on-site to General Commercial (GC), Industrial (I), Open Space – Parks (OS-P), and Open Space – Resources (OS-R).establishes criteria for circulation and rights-of-way for public street accessing each of the developable parcels proposed within the TPM 38118. Proposed street widths and sections are consistent with the Specific Plan criteria. The Specific Plan is in conformance with the plans of local purveyors and structured to ensure that necessary roads, utilities, landscape elements, and other infrastructure facilities are installed when needed to accommodate the needs of the Project as it builds out. 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 services have been planned. TPM 38118 is consistent with the Commercial and Industrial uses proposed in the Specific Plan in that it is located on major roadways with good access to Interstate 10 including Sunset Avenue identified in the Banning General Plan as an arterial/secondary highway appropriate for truck traffic.

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 76 Resolution 2026-31
February 26, 2026

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southeast extent of the Project 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 that is presently outside of the current City limits and within the City’s Sphere of Influence. These 253.7 acres are intended to 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 Mitigation Monitoring Reporting Program adopted concurrently with FEIR certification to 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. The buildings are spread over 530 acres and the FEIR’s visual analyses of the impacts of the building sizes found no significant impact because of their height or mass. Due to its acreage, the Project Site is able to accommodate the Project while keeping buildings within more interior portions of the site with setbacks, walls and open space and parks separating the Project from surrounding uses and the FEIR did not identify any significant visual impacts.

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, as modified by the Supplemental CEQA Memoranda and the Mitigation Monitoring and Reporting Program, 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 MSHCPcovered 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 77 Resolution 2026-31
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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. The Project incorporates landscaping, architectural standards, and buffers to surrounding land uses. As described in the Final EIR and Supplemental CEQA Memoranda, the Project does not result in significant unavoidable localized air quality, health risk, noise impacts, greenhouse gas or noise impacts from Project operations, including truck trips, and construction noise impacts can be mitigated to less than significant levels with the consent of the City and to the extent that there are other unavoidable impacts the same are permitted by a Statement of Overriding Considerations. Significant and unavoidable impacts are regional in nature only: air quality and greenhouse gas impacts. 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. The applicant has dedicated land for the City’s Sun Lakes Boulevard Extension program to facilitate east-west traffic across the Project Site and proposes to build out, as specified in the Specific Plan, Lincoln Street and areas of Sunset Avenue, Bobcat Road and Highland Home Road to facilitate traffic south of I10 in the City.

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, subject to termination of this approval as set forth in the Development Agreement if the First Installment of the Public Benefit Fee (each as defined in the Development Agreement) is not timely paid in accordance with the terms of Section 5.2.1 of said Development Agreement. 78 Resolution 2026-31
February 26, 2026

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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 26th day of February, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
John Pinkney, City Attorney
SBEMP
79 Resolution 2026-31
February 26, 2026

Page 8 of 8 ends

CERTIFICATION:

I, Sandra Calderon, Deputy 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 26 th day of
February, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
80 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 1 PROJECT: GPA 20-2501, ZC 20-3502, SP 20-2002, TPM 38118, EA 20-1506 SUBJECT: Conditions of Approval (City Council Resolutions 2026-28, -29, -30, -31) APPLICANT: NP Banning Industrial LLC
LOCATION: Southwest corner of Interstate 10 and Sunset Avenue - APNs: 537-110- 003, -004, -005, -011, -012, -013, -014, 537-120-013, 025, -028, -029, -030, -031, -032, -033, -034, -035, -036

EXHIBIT A
To City Council Resolutions 2026-28, -29, -30, -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
The Department of Community Development provides the Conditions of Approval listed herein for the above-mentioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Planning Division at (951) 922-3125 for compliance with the following conditions.

Planning Division
COA # Condition of Approval Completion
Milestone Status
PLN.General.01
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.

Informational
PLN.General.02
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, Informational
81 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 2 COA # Condition of Approval Completion
Milestone Status
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.

PLN.General.03
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.

Informational
PLN.General.04
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.

Informational
PLN.General.05
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.

Informational
PLN.General.06
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.

Informational
PLN.TPM.01
The Applicant shall complete any/all improvements to the site contained in the Subdivision Improvement Agreement for TM 38118.

Informational
PLN.TTM.02
The Applicant shall be responsible for completion of all Performance and Labor and Material Bonds under the
approval for TM 38118.

Informational
PLN.TTM.03
Prior to release of performance bonds, the developer shall complete all public improvements including street
widening, sidewalks, connections to sidewalks and trails Prior to Release
of Performance
Bonds
82 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 3 COA # Condition of Approval Completion
Milestone Status
within the development, providing ease of access to
common open spaces and amenities.

PLN.DA.01
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.

Informational
PLN.DA.02
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.

Informational
PLN.MMRP.01
All phases of site preparation, grading, construction, and operations shall adhere to the Mitigation Measures
contained within the Mitigation Monitoring and Reporting Program.

Informational
PLN.MMRP.02
MM BIO-1 Construction Guidelines. Construction activities will follow the Construction Guidelines found in Volume 1, Section 7.5.3 of the MSHCP.

Informational
PLN.MMRP.03
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.

Informational
PLN.MMRP.04
Worker Environmental Awareness Program (WEAP). A
qualified biologist will present to each Development Site employee a worker environmental awareness training prior to the 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 Informational
83 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 4 COA # Condition of Approval Completion
Milestone Status
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.

PLN.MMRP.05
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.

Informational
PLN.MMRP.06
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.

Informational
PLN.MMRP.07
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.

Informational
PLN.MMRP.08
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 preconstruction 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
Prior to Grading
Permit Issuance
84 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 5 COA # Condition of Approval Completion
Milestone Status
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.

PLM.MMRP.09
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 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.
90 days prior to
Start of Grading
Activities
PLN.MMRP.10
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
Prior to
Issuance of
Grading Permit
85 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 6 COA # Condition of Approval Completion
Milestone Status
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 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.

PLN.MMRP.11
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).

Prior to
Issuance of
Building Permit
PLN.MMRP.12
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.

Informational
PLN.MMRP.13
MM BIO-12 During construction, upland conservation
areas will be fenced to prevent personnel and construction equipment from entering the conservation areas. Standard Prior to
Commencement
of Construction
Activities
86 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 7 COA # Condition of Approval Completion
Milestone Status
construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

PLN.MMRP.14
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. Nonnative 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.

Prior to
Issuance of
Grading Permit
PLN.MMRP.15
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 Prior to
Issuance of
Grading Permit
87 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 8 COA # Condition of Approval Completion
Milestone Status
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:
○ 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.
88 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 9 COA # Condition of Approval Completion
Milestone Status
• 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 waterwise 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.

PLN.MMRP.16
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.

Prior to
Issuance of
Grading Permit
PLN>MMRP.17
MM BIO-16 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. The sediment transport and scour analysis shall identify and compare Prior to
Issuance of
Grading Permit
89 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 10 COA # Condition of Approval Completion
Milestone Status
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.

PLN.MMRP.18
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 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.

During All
GroundDisturbing
Activities
PLN.MMRP.19
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).

Informational
PLN.MMRP.20
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 ground-disturbing activities in
accordance with MM CUL-5 to allow identification,
evaluation, and potential recovery of cultural resources.

Prior to
Issuance of
Grading Permit
90 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 11 COA # Condition of Approval Completion
Milestone Status
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.

PLN.MMRP.21
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.

Informational
PLN.MMRP.22
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.

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.

Informational
PLN.MMRP.23
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 Informational
91 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 12 COA # Condition of Approval Completion
Milestone Status
applicant and Lead Agency for dissemination to the
Consulting Tribe.

PLN.MMRP.24
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.

Isolated fossils will be collected by hand, wrapped in
paper, and placed in temporary collecting flats or fivegallon 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 Prior to
Issuance of
Grading Permit
92 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 13 COA # Condition of Approval Completion
Milestone Status
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.

PLN.MMRP.25
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.

Prior to
Issuance of
Grading Permit
PLN.MMRP.26
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
Prior to
Issuance of
Roadway
Improvement
Permits
93 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 14 COA # Condition of Approval Completion
Milestone Status
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:

PLN.MMRP.27
MM CUL-1CRA The applicant shall retain a qualified
professional archaeological monitor who meets U.S.

During All
GroundDisturbing
Activities
PLN.MMRP.28
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).

Informational
PLN.MMRP.29
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 ground-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.

Prior to
Issuance of
Grading Permit
PLN.MMRP.30
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
Informational
94 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 15 COA # Condition of Approval Completion
Milestone Status
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.

PLN.MMRP.31
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.

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.

Informational
PLN.MMRP.32
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.

Informational
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:

PLN.MMRP.33
MM AIR-1 The following multi-part mitigation measure shall be implemented during Project construction:

During Project
Construction
95 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 16 COA # Condition of Approval Completion
Milestone Status
• 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 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 offroad 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 constructionrelated 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 96 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 17 COA # Condition of Approval Completion
Milestone Status
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.

PLN.MMRP.34
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 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.

Prior to
Issuance of
Building Permit
97 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 18 COA # Condition of Approval Completion
Milestone Status
• 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 building’s 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 plugin 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 truck 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 CARB98
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 19 COA # Condition of Approval Completion
Milestone Status
approved 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.

PLN.MMRP.35
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.

During Grading
Activities
PLN.MMRP.36
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),
Informational
99 City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 20 COA # Condition of Approval Completion
Milestone Status
(e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.

PLN.MMRP.37
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.

Prior to
Issuance of
Building Permit
PLN.MMRP.38
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.

Informational
PLN.MMRP.39
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.

Prior to
Issuance of
Building Permit
PLN.MMRP.40
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.

Informational
PLN.MMRP.41
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.

Prior to
Issuance of
Building Permit
100
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 21 COA # Condition of Approval Completion
Milestone Status
• 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.

PLN.MMRP.42
MM GHG-4 All appliances within the commercial and
industrial land uses shall be energy star rated appliances.

Prior to
Issuance of
Building Permit
PLN.MMRP.43
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]).

Prior to
Issuance of
Building Permit
PLN.MMRP.44
MM GHG-6 All landscape equipment used to maintain the
landscaping within the Development Project shall be
electric.

Informational
PLN.MMRP.45
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.

Prior to
Issuance of
Building Permit
101
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 22 COA # Condition of Approval Completion
Milestone Status
PLN.MMRP.46
MM NOI-1 The construction contractor shall limit
construction activities to between the hours of 7:00 a.m. and 6:00 p.m.

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 Cityowned property provided that such roadway access can be maintained during construction.

The construction contractor shall locate equipment staging in areas that will create the greatest feasible distance between construction-related noise sources and noisesensitive 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.

During all
Grading and
Construction
Activity
PLN.MMRP.47
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 Prior to
Issuance of
Certificate of
Occupancy
102
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 23 COA # Condition of Approval Completion
Milestone Status
marketing, rideshare program, and end-of-trip bicycle
facilities.

Building Department
COA # Condition of Approval Condition
Milestone Status
BLD.01
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.

Informational
BLD.02
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
(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
Informational
BLD.03
Electronic plan submittal can be completed through the
City’s SmartGov portal. Please email
[email protected] for additional
information.

Informational
BLD.04
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
Informational
103
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 24 with exposure type “C”, and Energy Calculations shall be designed per Climate Zone 10.

BLD.05
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)
Prior to
Issuance of
Building
Permit
BLD.06
Banning Electric does not release electric meters until final approvals are obtained from all agencies and
departments.

Prior to Final
Inspection
BLD.07
Construction projects, requiring temporary electrical
power, shall obtain an electrical permit from Banning
Electric.

Informational
BLD.08
Construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

Informational
BLD.09
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.

Prior to
Certificate of
Occupancy
BLD.10
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.

Prior to
Certificate of
Occupancy
BLD.11
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.

Prior to
Issuance of
Building
Permit
BLD.12
The permittee shall utilize an anti-graffiti coating on trash enclosures and decorative block walls. Informational
BLD.13
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 nonsewer type shall conform to ANSI ZA.3 and on site per NPDS stormwater requirements.

Informational
104
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 25 BLD.14`
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.

Prior to
Certificate of
Occupancy
BLD.15
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.

Prior to
Issuance of
Building
Permit
BLD.16
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.

Prior to
Issuance of
Building
Permit
BLD.17
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)
Prior to
Issuance of
Building
Permit
BLD.18
All deferred plan items are to be identified on the cover sheet of the drawing plans. Informational
BLD.19
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.

Informational
BLD.20
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.

Informational
BLD.21
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.

Informational
105
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 26 BLD.22
All dead and removed trees and foliage are to be
properly transported from the site as green waste.

Informational
BLD.23
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.

Informational
BLD.24
Building and Safety inspection requests must be made
through the online SmartGov portal.

Informational
BLD.25
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.

Informational
Office of the Fire Marshal
COA # Condition of Approval Condition
Milestone Status
Fire.01
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 water system capable of delivering the required fire flow. Specific design features may increase or decrease the required fire flow. Reference CFC 507.3.

Informational
Fire.02
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. Informational
106
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 27 COA # Condition of Approval Condition
Milestone Status
Fire.03
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.

Informational
Fire.04
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.

Informational
Fire.05
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.

Informational
Fire.06
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.

Informational
Fire.07
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.

Informational
Fire.08 Dock loading shall not impede fire department access lanes. Informational Fire.09
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.

Informational
Fire.10
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.

Informational
Banning Electric Utility
The Department of Banning Electric Utility provides the Conditions of Approval listed herein for the above-mentioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Banning Electric Division at (951) 922-3160 for compliance with the following conditions.
107
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 28 Electric Engineering Division
COA # Condition of Approval Completion
Milestone Status
BEU.ENG.01
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 rightof-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.

Informational
BEU.ENG.02
The Developer will be responsible for the cost of all electric distribution facilities and related infrastructure needed to serve the development’s project. The Developer may be
required to execute one or more line extension agreements with the City of Banning Electric Utility (“Utility”) providing for the installation, construction, improvement, and
dedication of the utility system following approval of
Tentative Parcel Map.

Informational
BEU.ENG.03
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 padmounted equipment, cables, and their terminations at the Developer’s cost.

Informational
BEU.ENG.04
All electric utility equipment including but not limited to poles, substructures, transformers, pad mounted
switch(es), meter(s) and/or metering equipment shall have adequate working clearances per Utility requirements.

Some trees and bushes shown on the landscape plan
might be eliminated.

Informational
BEU.ENG.05
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
Informational
108
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 29 COA # Condition of Approval Completion
Milestone Status
interconnection and relocation to accommodate new
building/facility placement or new right-of-way
alignment/setback.

BEU.ENG.06
Streetlight and streetlight infrastructure required by Public Works and/or the City shall be installed by the developer, including any necessary metering equipment, and are
assumed to be publicly owned and to be maintained by the Utility.

Informational
BEU.ENG.07
The Developer is responsible for all electrical utility costs that are directly related to the proposed development for the annexation area.

Informational
BEU.ENG.08
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.

Informational
BEU.ENG.09
The Developer will be required to adhere to all
requirements and guidelines within the City of Banning
Electric Utility General Commercial Service Requirements.

Informational
BEU.ENG.10
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.

Informational
BEU.ENG.11
Prior to the issuance of a grading permit, electric utility infrastructure backbone plans for this project must be
completed.

Prior to Issuance
of Granding
Permit
BEU.ENG.12
Prior to constructing the Utility’s electric distribution system, the developer shall submit a detailed engineering plan
showing design, location and schematics for the utility system to be approved by the Utility. It will also be required that the developer follow the Electric Utility Maps & Records requirements. This will allow the utility to assist with the review of distribution plans completed by the Developer and provide a cost estimate(s) to service the project. Design conditions and requirements to serve the project with
electricity shall be discussed and reviewed following
approval of the Parcel Map.

Prior to Issuance
or Electric Utility
Improvement
Permit
109
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 30 COA # Condition of Approval Completion
Milestone Status
BEU.ENG.13
All final electric plan sets shall include the mitigation measures as provided in MMRP section RCM-AIR-4
regarding SCAQMD Rule 402.

Prior to Issuance
or Electric Utility
Improvement
Permit
BEU.ENG.14
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.

Prior to Issuance
or Electric Utility
Improvement
Permit
BEU.ENG.15
All final electric plan sets shall include the mitigation measures as provided in MMRP section MM NOI-1
regarding noise and hours of work.

Prior to Issuance
or Electric Utility
Improvement
Permit
BEU.ENG.16
Prior to the issuance of a building permit, electric utility infrastructure (conduits, vaults, etc.) must be completed as well as any temporary or permanent electric infrastructure to supply power to each parcel as constructed. The
developer will be required to submit load calculations and execute one or more Electric Service Agreements for each building or parcel.

Prior to Issuance
of Building
Permit
BEU.ENG.17
All plans for electric vehicle charging station infrastructure and distributed energy resources must be discussed with the Utility for review and approval.

Informational
BEU.ENG.18
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.

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

General Conditions
COA # Condition of Approval Completion
Milestone Status
PW.General.01
The subject property shall substantially conform to the approved 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
Informational
110
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 31 COA # Condition of Approval Completion
Milestone Status
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.

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-ofway. The contractor working within the public right-ofway shall submit proof of a Class “A” State Contractor’s License, City of Banning Business License, and Liability Insurance.

Informational
111
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 32 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
112
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 33 COA # Condition of Approval Completion
Milestone Status
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-in-interest 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
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 pre-wired.

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
113
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 34 COA # Condition of Approval Completion
Milestone Status
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
Plans and Clearances
The following is a non-inclusive list of items that may be required by the Public Works Department.

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

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

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

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

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

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

All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.
114
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 35 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' If applicable
Stockpile Plan 1" = 40' If applicable
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
Improvement
Plans Street Improvement Plan 1" = 40' Horiz/1" = 4' Vertical May be included with any
grading plan
Signing and Striping Plan 1" = 40' May be included with any grading plan
Traffic Signal Plan 1" = 40' Shall be included with any grading plan
Traffic Control Plan 1" = 40' May be included with any
grading plan
Storm Drain Improvement Plan 1" = 40' Horiz/
1" = 4' Vertical
May be included with any
grading plan
Channel Improvement Plan 1" = 40' Horiz/
1" = 4' Vertical
Shall be included with any
grading plan
Potable Water Plan 1" = 40' Horiz/
1" = 4' Vertical
May be included with any
grading plan
Non-Potable Water Plan 1" = 40' Horiz/
1" = 4' Vertical
May be included with any
grading plan
Sewer Plan 1" = 40' Horiz/
1" = 4' Vertical
Shall be included with any
grading plan
MNZ Reservoir Plans As directed May be included with any grading plan
Final Maps Final Map 1" = 40'
Easement Dedications
Corner Records
Records of Survey
Technical
Studies Geotechnical Report
Fault Hazard Report
115
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 36 Permit
Type Plan Set Scale Notes
Liquefaction Hazard Report
Dust Control and Prevention Plan
(PM10)
Compaction Report
Hydrologic and Hydraulic Report
Flood Hazard Report

CLOMR/LOMR
Sewer Capacity Study
Traffic Impact Analysis
Water Quality Management Plan
(WQMP)
Water Supply Assessment
Permits and
Agreements Permission to Grade
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
Final Map
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
116
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 37 COA # Condition of Approval Completion
Milestone Status
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
Informational
117
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 38 COA # Condition of Approval Completion
Milestone Status
Engineer. All costs associated with acquiring rights-ofway or easements shall be borne by the applicant.

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
118
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 39 COA # Condition of Approval Completion
Milestone Status
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
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-ofway 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
119
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 40 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 1 100% of estimated cost
Labor and Material Bond 1 100% 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
PW.Map.21
The applicant shall obtain approval from the Fire
Marshall in consultation with the City Engineer, for a
Prior to Issuance
of any
120
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 41 COA # Condition of Approval Completion
Milestone Status
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.

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:
•1Monuments 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.
•1Monuments 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
Prior to Release
of Surety
121
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 42 COA # Condition of Approval Completion
Milestone Status
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.

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

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

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

Informational
PW.Grade.04
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
122
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 43 COA # Condition of Approval Completion
Milestone Status
PW.Grade.07
The grading plan shall identify existing easements within the development area. If any grading work impacts
easements outside of the City of Banning jurisdiction, a copy of the encroachment permit for the easement holder shall be provided to the City Engineer and noted on the grading plan.

Prior to
Issuance of a
Grading Permit
PW.Grade.08
The grading plan shall identify environmental mitigation areas on the plan. Proof of permits from Army Corps of
Engineers, California Department of Fish and Wildlife,
and Regional Water Quality Control Board shall be
provided prior to any grading work and noted on the
grading plan.

Prior to
Issuance of a
Grading Permit
PW.Grade.09
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
123
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 44 COA # Condition of Approval Completion
Milestone Status
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
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:

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
124
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 45 COA # Condition of Approval Completion
Milestone Status
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 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.

Prior to
Issuance of a
Grading Permit
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
Prior to
Issuance of a
Grading Permit
125
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 46 COA # Condition of Approval Completion
Milestone Status
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 re-enter. Disturbance to active burrows
shall be minimized to the extent feasible.

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 BIO15 below). As part of the restoration effort, all non-native invasive species, such as tamarisk,
Prior to
Issuance of a
Grading Permit
126
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 47 COA # Condition of Approval Completion
Milestone Status
arundo, and pampas grass, will be removed prior to any
seeding or planting of native species.

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:

Prior to
Issuance of a
Grading Permit
127
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 48 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
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
Prior to
Issuance of a
Grading Permit
128
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 49 COA # Condition of Approval Completion
Milestone Status
accordance with MM CUL-5 to allow identification,
evaluation, and potential recovery of cultural resources.

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

Agreement Date:

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
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
Prior to
Issuance of a
Grading Permit
129
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 50 COA # Condition of Approval Completion
Milestone Status
form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid.

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
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 offroad vehicles (i.e., self-propelled 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).

Report Name:

Prepared By:

Approval Date:

Prior to
Issuance of a
Grading Permit
PW.Grade.37
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, Prior to
Issuance of a
Grading Permit
130
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 51 COA # Condition of Approval Completion
Milestone Status
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 onsite 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:
131
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 52 COA # Condition of Approval Completion
Milestone Status
PW.Grade.38
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.

Prior to
Issuance of a
Grading Permit
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
132
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 53 COA # Condition of Approval Completion
Milestone Status
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
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 preconstruction 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 Prior to
Issuance of a
Grading Permit
133
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 54 COA # Condition of Approval Completion
Milestone Status
grading operations that might adversely affect any
salvage efforts.

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.

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
PW.Grade.42
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 postproject conditions and to ensure that following Prior to
Issuance of
Grading Permit
134
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 55 COA # Condition of Approval Completion
Milestone Status
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.43
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.

Prior to
Issuance of
Grading Permit
135
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 56 COA # Condition of Approval Completion
Milestone Status
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.

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 Prior to
Issuance of a
Grading Permit
136
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 57 COA # Condition of Approval Completion
Milestone Status
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.

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
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
Stormwater/Water Quality
COA # Condition of Approval Completion
Milestone Status
PW.Storm.01
The applicant shall comply with Chapter 13.24
“Stormwater Management Systems” of the Banning
Municipal Code.

Informational
PW.Storm.02
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 Informational
137
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 58 COA # Condition of Approval Completion
Milestone Status
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 criterion is exceeded, additional drainage facilities shall be designed and constructed.

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 detain 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. 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
138
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 59 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
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
Informational
139
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 60 COA # Condition of Approval Completion
Milestone Status
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
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
PW.Storm.17
As required in MMRP RCM AIR-4, please include the
following note on Drainage 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
Prior to the
Issuance of an
Encroachment
Permit
140
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 61 COA # Condition of Approval Completion
Milestone Status
which endangers the comfort or repose of any such
persons, or the public.

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:

Prior to the
Issuance of an
Encroachment
Permit
141
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 62 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
PW.Storm.23
As required in MMRP RCM ENG-1, please include the
following note on Drainage Plans:

Additionally, the construction contractor must
recycle/reuse at least 65 percent of the construction
Prior to the
Issuance of an
Encroachment
Permit
142
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 63 COA # Condition of Approval Completion
Milestone Status
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:

PW.Storm.24
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 postproject 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 concretelined 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.

Prior to the
Issuance of an
Encroachment
Permit
143
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 64 COA # Condition of Approval Completion
Milestone Status
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.26
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 locate equipment
staging in areas that will create the greatest feasible Prior to Issuance
of an
Encroachment
Permit
144
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 65 COA # Condition of Approval Completion
Milestone Status
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.

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.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
Streets and Traffic
COA # Condition of Approval Completion
Milestone Status
PW.Street.01
All street designs shall comply with City of Banning standard drawings where available. If no City standard is available applicant may select standards in the following order:
1 - City of Banning Standards
2 - Riverside County Standard Drawings
3 - 'Greenbook' Standard Drawings
4 - Caltrans Standard Drawing
5 - Other published standards, subject to approval from the City Engineer. Any standard drawing other than City of
Banning standards shall be included on the improvement
plan set as reference.

Informational
PW.Street.02
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
145
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 66 COA # Condition of Approval Completion
Milestone Status
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 at least 2 lifts. For intract roadways, final lift shall be a 0.15-foot cap completed after onsite construction is completed.

Informational
PW.Street.08
A minimum of 32’ 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
PW.Street.10
Applicant shall provide horizontal and vertical site distance calculations per Riverside County transportation and
Caltrans Standards 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
146
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 67 COA # Condition of Approval Completion
Milestone Status
PW.Street.11
In accordance with the California Building Code, Title 24, and the requirements of the Americans with Disabilities Act (ADA), facilities for disabled persons shall be constructed in locations specified by the City Engineer (i.e., accessible paths of travel, curb ramps, etc.).

Informational
PW.Street.12
Parking areas shall be designed and improved with grades not to exceed five percent slope. All applicable ADA
standards will be adhered to.

Informational
PW.Street.13
The street improvement plans shall include details for all ADA ramps, indicating elevations and grades in accordance with City of Banning standard drawings at a scale of 1”=5’ or larger if necessary.

Informational
PW.Street.14
ADA Ramps shall comply with City of Banning Standards
and adopted PROWAG guidelines, whichever is stricter. Informational PW.Street.15
All streets shall have a maximum grade of 15 percent.

Wherever feasible street grades should be kept to 10
percent or less.

Informational
PW.Street.16
Access drives to the public right-of-way shall be restricted to those approved by the City Engineer as shown on the
approved plans.

Informational
PW.Street.17
Commercial/Industrial driveway grades shall not exceed
eight percent unless approved by the City Engineer. Informational PW.Street.18
Traffic improvements shall adhere to the criteria shown in the approved Traffic Impact Analysis, Environmental Impact Report, and Mitigation and Monitoring Reporting Program.

Informational
PW.Street.19
Signing and Striping Plans shall show the following at a minimum: stop signs, limit lines and legends, no parking signs, raised pavement markers (including blue raise
pavement markers at fire hydrants), and street name signs.

Informational
PW.Street.20
All existing overhead utility lines located on or adjacent to the site shall be undergrounded prior to public improvement acceptance and surety release, to the satisfaction of the Public Works Director, including but not limited to, electrical distribution, telephone, and cable lines, with the exception of electric utility lines over 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 147
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 68 COA # Condition of Approval Completion
Milestone Status
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
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 Informational
148
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 69 COA # Condition of Approval Completion
Milestone Status
Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes
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
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
149
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 70 COA # Condition of Approval Completion
Milestone Status
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
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
150
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 71 COA # Condition of Approval Completion
Milestone Status
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
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.

Prior to
Encroachment
Permit
151
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 72 COA # Condition of Approval Completion
Milestone Status
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.

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:

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.

Prior to
Encroachment
Permit
PW.Street.48
As required in MMRP MM BIO-10, please include the
following note on Street Improvement 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 Prior to
Encroachment
Permit
152
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 73 COA # Condition of Approval Completion
Milestone Status
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).

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
PW.Street.51
As required in MMRP RCM ENG-1, please include the
following note on Street Improvement 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 Prior to the
Issuance of an
Encroachment
Permit
153
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 74 COA # Condition of Approval Completion
Milestone Status
of Banning Development Services Director or designee,
and/or Building Official, or designee.

Report Name:

Prepared By:

Approval Date:

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
PW.Street.53
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.

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.

During all Development Site excavation and grading, the Development Project contractors shall equip all construction equipment, fixed or mobile, with properly operating and Prior to the
Issuance of an
Encroachment
Permit
154
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 75 COA # Condition of Approval Completion
Milestone Status
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.

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 Prior to the
Issuance of an
Encroachment
Permit
155
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 76 COA # Condition of Approval Completion
Milestone Status
2 in the Specific Plan), shall include wing walls and parking lot walls meeting the requirements of PDF N-2.

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
PW.Street.60
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:
•1Posting 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.
•1Posting 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.
•1Posting of signage for exiting traffic (other than exempt vehicles) showing the designated exits and restricting
Prior to
Certificate of
Occupancy
156
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 77 COA # Condition of Approval Completion
Milestone Status
westward travel on Sun Lakes Boulevard west of Highland Home Road.
•1Lease 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.
•1Consider 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.
•1Truck route maps provided to all drivers and posted in breakrooms and
throughout the Project.
•1Designation 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.

Landscaping
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
157
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 78 COA # Condition of Approval Completion
Milestone Status
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. Informational 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-ofway, 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
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-in-interest from amending Prior to
Recordation of
Final Map
158
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 79 COA # Condition of Approval Completion
Milestone Status
said covenants, conditions and restrictions to conflict with these Conditions of Approval.

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:

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.

Prior to
Encroachment
Permit
PW.LS.15
As required in MMRP MM BIO-10, please include the
following note on Landscape and Irrigation 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
Prior to
Encroachment
Permit
159
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 80 COA # Condition of Approval Completion
Milestone Status
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).

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
PW.LS.18
As required in MMRP RCM ENG-1, please include the
following note on Landscape and Irrigation 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
Prior to the
Issuance of an
Encroachment
Permit
160
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 81 COA # Condition of Approval Completion
Milestone Status
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:

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
PW.LS.20
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.

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 Cityowned property provided that such roadway access can be maintained during construction.

The construction contractor shall locate equipment staging in areas that will create the greatest feasible distance between construction-related noise sources and noisePrior to the Issuance of an
Encroachment
Permit
161
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 82 COA # Condition of Approval Completion
Milestone Status
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.

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.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
Potable Water
COA # Condition of Approval Completion
Milestone Status
PW.Wat.01
All public potable water improvements shall be
constructed per City of Banning Standards and
Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.

Informational
PW.Wat.02
All private potable water improvement shall be designed and constructed per California Building Code, California Plumbing Code, and California Fire Code, latest editions.

All private improvements shall be concurrently reviewed by the Building and Safety Department.

Informational
PW.Wat.03
All private fire suppression systems shall be reviewed
and approved by the City Fire Marshall. Informational
162
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 83 COA # Condition of Approval Completion
Milestone Status
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 showing
proposed water service connection sizes and locations,
including separate laterals for irrigation and fire
protection. 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-ofway 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
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
Informational
163
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 84 COA # Condition of Approval Completion
Milestone Status
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
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
PW.Wat.17
As required in MMRP MM BIO-5, please include the following note on Potable Water 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 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.

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 issuance of construction permits, a conservation easement will be applied to upland conservation areas
Prior to
Encroachment
Permit
164
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 85 COA # Condition of Approval Completion
Milestone Status
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).

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:

Prior to
Encroachment
Permit
PW.Wat.21
As required in MMRP RCM ENG-1, please include the
following note on Potable Water 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 offroad vehicles (i.e., self-propelled diesel-fueled vehicles Prior to the
Issuance of an
Encroachment
Permit
165
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 86 COA # Condition of Approval Completion
Milestone Status
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).

Report Name:

Prepared By:

Approval Date:

PW.Wat.22
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.

During all Development Site excavation and grading, the Development Project contractors shall equip all
construction equipment, fixed or mobile, with properly
Prior to the
Issuance of an
Encroachment
Permit
166
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 87 COA # Condition of Approval Completion
Milestone Status
operating and maintained mufflers consistent with
manufacturers’ standards.

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
Non-Potable Water
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 right-ofway or public utility easements.

Informational
167
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 88 COA # Condition of Approval Completion
Milestone Status
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
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
168
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 89 COA # Condition of Approval Completion
Milestone Status
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 Non-Potable Water Plans:

Prior to
Encroachment
Permit
PW.NPW.14
As required in MMRP MM BIO-5, please include the
following note on Non-Potable Water Plans:

Prior to
Encroachment
Permit
PW.NPW.15
As required in MMRP MM BIO-10, please include the
following note on Non-Potable Water Plans:

Prior to
Encroachment
Permit
169
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 90 COA # Condition of Approval Completion
Milestone Status
PW.NPW.16
As required in MMRP MM BIO-11, please include the
following note on Non-Potable Water Plans:

Prior to
Encroachment
Permit
PW.NPW.17
As required in MMRP MM BIO-12, please include the
following note on Non-Potable Water Plans:

Prior to
Encroachment
Permit
PW.NPW.18
As required in MMRP RCM ENG-1, please include the
following note on Non-Potable Water Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
170
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 91 COA # Condition of Approval Completion
Milestone Status
PW.NPW.19
As required in MMRP MM NOI-1, please include the
following note on Non-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.

Prior to the
Issuance of an
Encroachment
Permit
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
171
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 92 Sewer
COA # Condition of Approval Completion
Milestone Status
PW.Sew.01
All public sewer improvements shall be constructed per City of Banning Standards and Specifications, Standard
Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer.

Informational
PW.Sew.02
Applicant shall install facilities within public rights of way.

Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project.

Informational
PW.Sew.03
All sewer lines to be constructed within the public right-ofway 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-of-way 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
172
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 93 COA # Condition of Approval Completion
Milestone Status
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
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
173
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 94 COA # Condition of Approval Completion
Milestone Status
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
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
174
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 95 COA # Condition of Approval Completion
Milestone Status
PW.Sew.20
As required in MMRP MM BIO-11, please include the
following note on Sewer Plans:

Prior to
Encroachment
Permit
PW.Sew.21
As required in MMRP MM BIO-12, please include the
following note on Sewer Plans:

Prior to
Encroachment
Permit
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
175
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 96 COA # Condition of Approval Completion
Milestone Status
PW.Sew.23
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.

Prior to the
Issuance of an
Encroachment
Permit
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
176
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 97 COA # Condition of Approval Completion
Milestone Status
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
Refuse
COA # Condition of Approval Completion
Milestone Status
PW.Refuse.01
Effective January 1, 2022, all residential, single-family units shall subscribe to City’s three-container (trash, recycling, organics), Collection Services per Banning
Municipal Code, Title 8.28, “Garbage Collection and
Disposal”. 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?nodeId=TIT8HESA_CH8.28SOWACODI
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 California Green Building Standard Code: 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 Prior to Building
Permit
177
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 98 COA # Condition of Approval Completion
Milestone Status
multiple tenant properties, such as a shopping center,
must design the enclosure to accommodate all waste
containers of the property.

PW.Refuse.09
Solid waste enclosures shall be located on the site to be serviced.

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

Prior to Building
Permit
PW.Refuse.11
Enclosures shall be lockable and/or contain locking bins.

Locking mechanisms on enclosures and/or bins shall be
approved by the City of Banning Solid Waste Franchise
Hauler.

Prior to Building
Permit
PW.Refuse.12
Design Criteria:
a.1The 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.1Enclosure shall be architecturally compatible with the primary building on site to provide a coordinated design. c.1Exterior materials and colors of the enclosure shall match the building walls.
d.1Chain link fencing with or without/plastic slats is
prohibited. e.1Enclosure shall have solid metal or wood gates with latches that can be secured in an open or
closed position.
f.1Enclosures shall be constructed in a permanent
manner.
g.1Exterior 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.1Provide the minimum clearance for collector and user accessibility. i.1City 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
178
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 99 COA # Condition of Approval Completion
Milestone Status
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
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
187.1Applicants 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
Fees
COA # Condition of Approval Completion
Milestone Status
PW.Fees.01
All fees must be paid in full at the thresholds identified below. Plan check fees for professional report review and all improvement plan reviews shall be paid at the time of submittal of said documents in accordance with the fee
schedule in effect at the time of the submittal.

Informational
179
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 100
COA # Condition of Approval Completion
Milestone Status
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 and in accordance with the DA.

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 at that time and in accordance with the DA.

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 at that time and in accordance with the DA.

Prior to Building
Final/C of O
***END***
180
Ordinance No. 1618

Page 1 ends

Banning City CouncilFebruary 26, 2026

Banning City Council
February 26, 2026