Agenda packet, regular meeting — Banning City Council, March 10, 2026 (part 7 of 13)

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 10th day of March, 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
993
Resolution 2026-31
March 10, 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 10th day of February, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning
994
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, departments, agencies, and instrumentalities thereof
Informational
995
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
(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 within the development, providing ease of access to
common open spaces and amenities.

Prior to Release
of Performance
Bonds
996
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
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 workers that have completed the WEAP training. If
additional employees are added to the Development
Project after the initiation, they will receive instruction prior Informational
997
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
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 runoff 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 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 Prior to Grading
Permit Issuance
998
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
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
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 Prior to
Issuance of
Grading Permit
999
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
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 construction fencing will be sufficient to prevent personnel and equipment from entering the conservation areas.

Prior to
Commencement
of Construction
Activities
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 Prior to
Issuance of
Grading Permit
1000
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
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.

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 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);
Prior to
Issuance of
Grading Permit
1001
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
• 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.
• 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
1002
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
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 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 Prior to
Issuance of
Grading Permit
1003
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
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.

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.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
Informational
1004
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
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.

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 applicant and Lead Agency for dissemination to the
Consulting Tribe.

Informational
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 Prior to
Issuance of
Grading Permit
1005
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
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 five-gallon buckets.

Notes will be taken on the map location and stratigraphy of the site, which will be photographed before it is vacated and the fossils are removed to a safe place.

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

Within 90 days of final paleontological monitoring, a final monitoring and mitigation report of findings and
significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will
signify satisfactory completion of the Project program to mitigate impacts to any potential nonrenewable
paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.

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
Prior to
Issuance of
Grading Permit
1006
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
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.

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
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
Issuance of
Roadway
Improvement
Permits
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.

Secretary of the Interior (SOI) Standards. The monitor shall be present during all ground-disturbing activities to identify During All
GroundDisturbing
Activities
1007
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
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.

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
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.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 Informational
1008
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
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.

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:
• 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.

During Project
Construction
1009
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
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 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:

Prior to
Issuance of
Building Permit
1010
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
• 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.
• 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 1011
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
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 CARBapproved 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 1012
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
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),
(e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.

Informational
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
Prior to
Issuance of
Building Permit
1013
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
• To the extent feasible, construction/building materials shall be composed of pre-painted materials.

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.
• 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.

Prior to
Issuance of
Building Permit
1014
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
• 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
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.

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
During all
Grading and
Construction
Activity
1015
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

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.

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 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.

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 marketing, rideshare program, and end-of-trip bicycle
facilities.

Prior to
Issuance of
Certificate of
Occupancy
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 Informational
1016
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 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
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
with exposure type “C”, and Energy Calculations shall be designed per Climate Zone 10.

Informational
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; Prior to
Certificate of
Occupancy
1017
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 the release process takes two to three weeks. This
process will delay final Certificates 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
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
1018
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.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
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 Informational
1019
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 expiration the applicant shall resubmit plans and pay a new plan review fee.

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
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
1020
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.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.

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
Informational
1021
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 COA # Condition of Approval Completion
Milestone Status
dedication of the utility system following approval of
Tentative Parcel Map.

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
interconnection and relocation to accommodate new
building/facility placement or new right-of-way
alignment/setback.

Informational
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 Informational 1022
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
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.

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
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
1023
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.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
Sunset Crossroads Development Agreement. The City
Engineer may approve minor design modifications to
the project plans during the plan check process, if such modifications conform to the provisions of the Banning
Municipal Code. Substantial changes shall not be
permitted except upon application for, and approval of
modification of this entitlement in compliance with all applicable procedures and requirements. Where conflict
between these Conditions of Approval and the
governing documents listed above exist, the more strict provision shall prevail.

Informational
PW.General.02
Revisions to the approved Tentative Parcel Map 38118
during plan check process; including, but not limited to, lot line alignments, easements, improvement plan
revisions, and similar minor changes that are in
substantial compliance with the Tentative Map, or
associated Conditions of Approval, shall be
administratively approved through the plan check
process with the mutual consent and approval of the
Developer, the Community Development Director, and
the City Engineer. Changes that are not administratively approved, through the process referenced above and
herein shall be amended in accordance with the
Informational
1024
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
Subdivision Map Act, as amended and codified within
the Banning Municipal Code (BMC).

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
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
1025
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.08
If a CFD is considered for this Parcel Map, prior to first COO, the applicant shall either demonstrate that the
CFD has already been created or that a CFD application
has been submitted and accepted as complete by the
City of Banning Financial Services Division and shall
include all maps, related Engineers report, and the
required information (CFD boundary maintenance areas
by location and type, etc.) to the satisfaction of the City Engineer.

Informational
PW.General.09
A Property Owners Association (POA), as approved by
the Community Development Director and the City
Engineer, shall be responsible for the maintenance of
the public parkways, median island landscaping, slopes
adjacent to public rights-of-way, debris basins,
detention and retention basins, public parks, linear
parks and trails, open space areas, BMP's referenced in the approved WQMP, private storm drains and private
storm drain outfalls as required by the City Engineer.

The maintenance mechanism shall be established prior
to the recordation of the final map. In the event that the Applicant creates a Property Owners Association
(POA), the Covenants, Conditions, and Restrictions
(CC&Rs) and Articles of Incorporation of the Property
Owners Association are subject to the approval of the
Planning and Engineering Divisions and the City
Attorney. A recorded copy shall be provided to the City Engineer. The Property Owners Association shall
submit to the Planning Division a list of the name and
address of their officers on or before January 1 of each and every year and whenever said information
changes.

Informational
PW.General.10
The conditions, covenants and restrictions shall contain provisions which prohibit dissolution of the Property
Owners Association unless another entity has agreed to
assume the operation and maintenance responsibilities
of the Property Owners Association. The conditions,
covenants and restrictions shall contain provisions that prohibit the Applicant and his/her successors-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
1026
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.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
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
1027
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.19
Applicant may elect to build the project in phases. In
such case, the COMPLETION MILESTONE will apply
to each permit type within the development phase.

Specific conditions that may not apply to the proposed
specific phase may be deferred to a later phase at the
discretion of the City Engineer.

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.

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
1028
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
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
Liquefaction Hazard Report
Dust Control and Prevention Plan
(PM10)
Compaction Report
Hydrologic and Hydraulic Report
1029
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
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
PW.Map.02 Applicant may submit multiple final maps for phased construction activities.

Informational
1030
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.03
The Final Map shall have adequate reservations for
public ingress and egress as well as public and/or
private utility easements and abandonment of existing
utility easements to the satisfaction of the City Engineer.

The applicant shall be responsible for contacting all
utility providers to establish appropriate easements
required to provide services to each development area.

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

THE ENVIRONMENTAL CONSTRAINT INFORMATION

SHOWN ON THIS MAP SHEET IS FOR

INFORMATIONAL PURPOSES DESCRIBING

CONDITIONS AS OF THE DATE OF FILING, AND IS

NOT INTENDED TO AFFECT RECORD TITLE
INTEREST. THIS INFORMATION IS DERIVED FROM

PUBLIC RECORDS OR REPORTS, AND DOES NOT

IMPLY THE CORRECTNESS OR SUFFICIENCY OF

THOSE RECORDS OR REPORTS BY THE
PREPARER OF THIS MAP SHEET.

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

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

Informational
1031
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
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
1032
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
1033
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
1034
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
accordance with standard survey practice. A complete
Prior to Release
of Surety
1035
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
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
1036
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
1037
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:

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

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

Construction Guidelines. Construction activities will follow the Construction Guidelines found in Volume 1, Section

7.5.3 of the MSHCP
Prior to
Issuance of a
Grading Permit
1038
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:

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.

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.

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
1039
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
1040
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
1041
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
1042
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.

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
1043
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
1044
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:
1045
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
1046
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
1047
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 construction of the Lincoln Street crossings, the functions Prior to
Issuance of
Grading Permit
1048
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
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.

During all Development Site excavation and grading, the Development Project contractors shall equip all
Prior to
Issuance of
Grading Permit
1049
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
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 or other sensitive habitats. Necessary precautions shall Prior to
Issuance of a
Grading Permit
1050
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
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 of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside
County Flood Control and Water Conservation District
Informational
1051
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
(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
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
Informational
1052
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
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.

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
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
Informational
1053
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 9 - PW.Storm.Exb040
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
which endangers the comfort or repose of any such
persons, or the public.

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

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 Prior to the
Issuance of an
Encroachment
Permit
1054
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
shall be washed at a distance that would remove the
likelihood of run-off from entering any adjacent
riverine/riparian areas.

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
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 Prior to the
Issuance of an
Encroachment
Permit
1055
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
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:

PW.Storm.23
As required in MMRP RCM ENG-1, please include the
following note on Drainage Plans:

Report Name:

Prepared By:

Approval Date:

Prior to the
Issuance of an
Encroachment
Permit
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
Prior to the
Issuance of an
Encroachment
Permit
1056
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
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.

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
1057
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
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.

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

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

Prior to Issuance
of an
Encroachment
Permit
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
1058
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
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
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
1059
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.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
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 1060
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.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 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
Informational
1061
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
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 9 - PW.Streets.Exb036
PW.Street.26
Highland Home Road (South of Sun Lakes Boulevard):

Complete full width street improvements for COLLECTOR
roadway per Sunset Crossroads Specific Plan (min. 33' half width ROW, 22' curb to CL) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping,
Painted Median, Class 2 Bike Lanes
Informational
PW.Street.27
Lincoln Street: Construct full width street improvements for DIVIDED COLLECTOR roadway per Sunset Crossroads
Specific Plan (78' ROW, 56' curb to curb) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes
Informational
PW.Street.28
Bobcat Road: Construct partial width street improvements for DIVIDED COLLECTOR roadway per Sunset Crossroads Specific Plan (min. 39' half width minimum, 38' EP to TC) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting, Sidewalk, Parkway Landscaping, Traffic Signs, Roadway Striping, Painted Median, Class 2 Bike Lanes
Informational
PW.Street.29
Highland Home Road (North of Sun Lakes Boulevard): 24'
all weather access road meeting requirements of the City Engineer and Fire Marshall to Substation with Locking Gates at Highland Home Road & Sun Lakes Boulevard
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
1062
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
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
PW.Street.33
Unnamed Collector: Between Lincoln Street and Sun Lakes Boulevard West of Parcel 7: Complete Full width street
improvements for COLLECTOR roadway per Sunset
Crossroads Specific Plan 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.34
Sun Lakes Boulevard: Construct full 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.35
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 Prior to
Grading
Permit
1063
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
other modifications within said easement or access road unless prior approval from the Fire Marshall is granted.

PW.Street.36
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.37
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.38
Applicant shall provide a truck traffic management plan to the City Engineer for review and approval.

Recommendations in the truck traffic management plan shall be included with the street improvement plans. Any
additional right of way necessary shall be shown on the improvement plans and dedicated on the final map.

Prior to
Recordation of
Final Map
PW.Street.39
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.40
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
1064
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.41
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.42
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.43
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.44
A Traffic Control Plan shall be submitted for review and approval by the City Engineer. The Traffic Control Plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation.

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

Prior to
Encroachment
Permit
PW.Street.45
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.46
Applicant shall install a Traffic Signal at Highland Home Road and Ramsey Street to mitigate roadway LOS as
required in the project traffic study.

This intersection is within the Traffic DIF program, and can be satisfied by the payment of project DIF.

Prior to
Occupancy
PW.Street.47
Applicant shall make Ramp Improvements at I-10 and
Sunset Ave (EB and WB Ramps) necessary to mitigate the
LOS as required in the project traffic study. The traffic study indicates the improvements are required at the full buildout Prior to
Occupancy
1065
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
of the specific plan. The TIA is based on 4 development phases.

Applicant shall perfor this work prior to occupancy in the following project phases:

Phase 1: Applicant shall submit for appropriate construction permits with Caltrans
Phase 3: Applicant shall have approved plans and
construction permits ready for issuance by Caltrans
Phase 4: Applicant shall have construction completed and operational
PW.Street.48
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.49
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:

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

Prior to
Encroachment
Permit
PW.Street.50
As required in MMRP MM BIO-5, please include the
following note on Street Improvement Plans:

Prior to
Encroachment
Permit
PW.Street.51
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 Prior to
Encroachment
Permit
1066
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
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.Street.52
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.53
As required in MMRP MM BIO-12, please include the
following note on Street Improvement Plans:

Prior to
Encroachment
Permit
PW.Street.54
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).

Prior to the
Issuance of an
Encroachment
Permit
1067
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
Additionally, the construction contractor must recycle/reuse at least 65 percent of the construction material. This
condition shall be implemented to the satisfaction of the City of Banning Development Services Director or designee,
and/or Building Official, or designee.

Report Name:

Prepared By:

Approval Date:

PW.Street.55
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.56
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.

Prior to the
Issuance of an
Encroachment
Permit
1068
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
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.Street.57
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.58
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
1069
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.59
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.60
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.61
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.62
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.63
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
1070
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.

PW.Street.65
Truck Barrier System. Applicant shall coordinate to the satisfaction of the City Engineer regarding an Overhead Truck Barrier System near the intersection of Sun Lakes Blvd and Highland Home Rd. Applicability and installation will be at the discretion of the City Engineer and Fire Marshall.

Prior to
Certificate of
Occupancy
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
1071
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
1072
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:

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

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

Prior to
Encroachment
Permit
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
MSHCP Conservation Area, such as lands proposed for
conservation on the Development Site, it would require
approval from the appropriate agencies prior to any
Prior to
Encroachment
Permit
1073
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
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:

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
condition shall be implemented to the satisfaction of the City Prior to the
Issuance of an
Encroachment
Permit
1074
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
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.

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.

Prior to the
Issuance of an
Encroachment
Permit
1075
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
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
1076
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
Development Area 5 - PW.Water.Exb022
Informational
1077
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 6 - PW.Water.Exb027
Development Area 7 - PW.Water.Exb032
Development Area 9 - PW.Water.Exb037
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:

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

Prior to
Encroachment
Permit
PW.Wat.17
As required in MMRP MM BIO-5, please include the
following note on Potable Water Plans:

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

Prior to 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
Prior to
Encroachment
Permit
1078
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
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:

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 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
Prior to the
Issuance of an
Encroachment
Permit
1079
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
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 grading, site work, paving and utility construction, the construction contractor shall install a minimum 10 ft high temporary construction barrier along the eastern
construction boundary to shield residences along Sunset Avenue between Lincoln Street and Westward Avenue,
along the southern construction boundary to shield
residences along Bobcat Road, and along the eastern
construction boundary to shield the school located at the southeast corner of Sunset Avenue and Westward
Avenue when project construction activities are within
100 ft from the nearest residential structure to that
activity. The temporary construction barrier may be any material that has a minimum Sound Transmission Class
(STC) rating of 28. For off-site construction, including for construction of the roadway and utilities, on Sunset
Boulevard, the City will determine whether the noise
barrier can be constructed on City right of way without impacting roadway access and the construction
contractor shall install such barrier on City-owned
property provided that such roadway access can be
maintained during construction.

The construction contractor shall locate equipment
staging in areas that will create the greatest feasible distance between construction-related noise sources and Prior to the
Issuance of an
Encroachment
Permit
1080
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
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.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
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 Informational
1081
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
water DIP mains shall be protected with purple-colored
V-Bio polyethylene encasement.

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 9 - PW.RecWater.Exb038
Informational
PW.NPW.10
Prior to recordation of the final parcel map, associated improvement plans for non-potable water facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

Prior to
Recordation of
Final Map
PW.NPW.11
Non-Potable water easements, as necessary, shall be
shown and dedicated to the City of Banning on the Final Map.

Prior to
Recordation of
Final Map
PW.NPW.12
Submit Water Improvement Plans to the City Engineer for review and approval.

Prior to
Encroachment
Permit
PW.NPW.13
As required in MMRP RCM AIR-4, please include the
following note on Non-Potable Water 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
Prior to
Encroachment
Permit
1082
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
any considerable number of people or to the public or
which endangers the comfort or repose of any such
persons, or the public.

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
PW.NPW.16
As required in MMRP MM BIO-11, please include the
following note on Non-Potable Water Plans:

Prior to
Encroachment
Permit
1083
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.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
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.

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
Prior to the
Issuance of an
Encroachment
Permit
1084
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
construction boundary to shield the school located at the southeast corner of Sunset Avenue and Westward
Avenue when project construction activities are within
100 ft from the nearest residential structure to that
activity. The temporary construction barrier may be any material that has a minimum Sound Transmission Class
(STC) rating of 28. For off-site construction, including for construction of the roadway and utilities, on Sunset
Boulevard, the City will determine whether the noise
barrier can be constructed on City right of way without impacting roadway access and the construction
contractor shall install such barrier on City-owned
property provided that such roadway access can be
maintained during construction.

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

PW.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
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
1085
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 COA # Condition of Approval Completion
Milestone Status
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
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 Informational
1086
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
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 9 - PW.Sewer.Exb039
PW.Sew.12
As required by the City Engineer and prior to recordation of the final parcel map, the applicant shall submit and the City shall approve a supplemental Focused Sewer Study to the satisfaction of the City Engineer. The study shall determine on/off site conveyance system requirements and project’s estimated contribution to wastewater discharges.

Prior to
Recordation of
Final Map
PW.Sew.13
Prior to recordation of the final parcel map, associated improvement plans for sewer facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

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

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

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

Prior to
Encroachment
Permit
PW.Sew.17
As required in MMRP RCM AIR-4, please include the
following note on Sewer Plans:

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

Prior to
Encroachment
Permit
PW.Sew.18
As required in MMRP MM BIO-5, please include the
following note on Sewer Plans:

Prior to
Encroachment
Permit
1087
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
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.

PW.Sew.19
As required in MMRP MM BIO-10, please include the
following note on Sewer Plans:

Prior to
Encroachment
Permit
PW.Sew.20
As required in MMRP MM BIO-11, please include the
following note on Sewer Plans:

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

During construction, upland conservation areas will be
fenced to prevent personnel and construction equipment
from entering the conservation areas. Standard construction Prior to
Encroachment
Permit
1088
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
fencing will be sufficient to prevent personnel and
equipment from entering the conservation areas.

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
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.

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
Prior to the
Issuance of an
Encroachment
Permit
1089
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
activity. The temporary construction barrier may be any material that has a minimum Sound Transmission Class
(STC) rating of 28. For off-site construction, including for construction of the roadway and utilities, on Sunset
Boulevard, the City will determine whether the noise
barrier can be constructed on City right of way without impacting roadway access and the construction
contractor shall install such barrier on City-owned
property provided that such roadway access can be
maintained during construction.

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

PW.Sew.24
The applicant shall inspect with CCTV all new public sewer mains and submit to the City for review and approval prior to surety release and acceptance of sewer improvements.

Prior to
Release of
Surety
PW.Sew.25
Applicant shall make pipeline repairs necessary as
identified by the City Engineer or City Inspector for City acceptance of facilities.

Prior to
Release of
Surety
PW.Sew.26
Applicant shall provide GIS shape files for all sewer lines and appurtenances including service laterals to the Public Works Department for inclusion in the GIS Database.

Prior to
Release of
Surety
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:

Informational
1090
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
https://library.municode.com/ca/banning/codes/code_of_
ordinances?nodeId=TIT8HESA_CH8.28SOWACODI
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 multiple tenant properties, such as a shopping center,
must design the enclosure to accommodate all waste
containers of the property.

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

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

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

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

Prior to Building
Permit
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
Prior to Building
Permit
1091
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
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.

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

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

Prior to Building
Permit
PW.Refuse.14
As required in MMRP RCM AIR-4, please include the
following note on Building Plans:

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

Prior to Building
Permit
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
1092
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.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
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
1093
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.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***
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Page 1 ends

ORDINANCE NO. 1618

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,

APPROVING AN AMENDMENT TO THE CITY OF BANNING OFFICIAL
ZONING MAP AND APPROVING ZONE CHANGE 20-3502 REZONING
CERTAIN TERRITORY IN THE CITY 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) AND PRE-ZONING PRIOR TO

ANNEXATION CERTAIN TERRITORY IN THE SPHERE OF INFLUENCE

OF THE CITY LOCATED SOUTH OF THE NORTHERN BOUNDARY OF
WESTERN AVENUE AND WEST OF SUNSET AVENUE (APNS 537-120- 013, 537-120-025, AND 537-120-028 THROUGH -036).

WHEREAS, the City of Banning, California, (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, NP Banning Industrial, LLC, a Missouri Limited Liability Corporation (“Owner”) is proposing to develop a master planned project including industrial and commercial uses and various public facilities, including parkland and open space, with on-and off-site related improvements (“Project”) on approximately 533.8 acres of real property located within the City of Banning and the County of Riverside, with approximately 253.7 acres of this real property located in unincorporated County of Riverside and 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, the Project site is, or will be made, subject to the following entitlements: Resolution 2026-29, approving General Plan Amendment No. 20-2501 and Specific Plan No. 20-2002; this Ordinance approving Zone Change 20-3502; Ordinance No. 1620 approving a Development Agreement (“Development Agreement”) between the City and Owner and Resolution No. 2026-31 approving Tentative Parcel Map No. 38118 to reconsolidate all existing parcels of the Property into 34 parcels and five lettered lots; and Resolution No. 2026-28, certifying an Environmental Impact Report (EIR), SCH Number 2021020011, Adopting Findings and a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program (collectively “Entitlements”); and
WHEREAS, the City has received from Owner a request to annex the portion of the Property located in the sphere of influence of the City and is adopting, or will adopt, Resolution 2026-30 approving a Plan of Service and such annexation and recommending approval of such annexation to LAFCO.

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 that are not a part of the Project Site 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 1095
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Very High Density Residential (VHDR) (collectively, “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, in compliance with Government Code Section 65854, the City Planning Commission provided notice and held a duly noticed public hearing on the Project at a special meeting on September 25, 2025, further considered the Project at separately noticed continuation of such meeting on November 5, 2025 and at a continuation of that meeting to a special meeting on November 17, 2025, voted 3 in support and 2 opposed, passing a resolution recommending the City Council deny the Project applications. At the same special meeting, the Planning Commission voted 5 in support and none opposed, passing a resolution recommending the City Council deny the MSJC Site Entitlements; and
WHEREAS, the City prepared the Final EIR, including the Draft EIR (collectively, the “FEIR”) and, pursuant to Public Resources Code section 21092.5, the City provided copies of the FEIR to all commenting agencies and persons requesting copies of the responses; and
WHEREAS, at the January 28, 2026 special meeting, the City Council of the City of Banning (the “City Council”) held a public hearing, commenced deliberation and voted five in favor and none opposed to continue deliberation of the matter at a special meeting on February 26, 2026; and
WHEREAS, at the February 26, 2026, special meeting, the City Council voted unanimously 5-0 to continue the item to a regular meeting date of March 10, 2026; and 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 has determined that approval of Zone Change 20-3502 is appropriate under Chapter 17.116 of the Banning Municipal Code and consistent with the policies and programs of the City of Banning General Plan, any applicable specific plan and zoning ordinances; 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 discount club use, plus an approximately 125 room hotel; and 1096
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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 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”) 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 Zone Change has been fully analyzed per CEQA under the FEIR and all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. OFFICIAL ZONING MAP AMENDMENTS.

The City Council hereby approves ZC 20-3502, zoning land lying within the jurisdiction of the City and pre-zoning land in the City’s sphere of influence, and directs the Community Development Director to amend the City of Banning Official Zoning Map, as depicted in Exhibit A to this Ordinance and incorporated by this reference, to amend the zoning classifications of the Real Property legally described on Exhibit B-1 and Exhibit B-2 to this Ordinance, each incorporated by this reference, from High Density Residential, Medium Density Residential, Low Density Residential, General Commercial and Open Space - Resource and Open Space – Parks, where applicable, to “Specific Plan - Sunset Crossroads” to provide General Commercial (GC), Industrial (I), Open Space – Parks (OS-P), and Open Space – Resources (OS-R) land uses pursuant to the Sunset Crossroads Specific Plan adopted pursuant to Resolution 2026-29 by the City Council and the following, in each case 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.

A. Zone Map Change. The portion of the Property legally described on Exhibit B-1, comprising APNS 537-110-003 through -005, 537-110-011 through -014 is within the jurisdiction of the City and is hereby zoned to “Specific Plan - Sunset Crossroads”.

B. Pre-Zoning. The portion of the Property legally described on Exhibit B-2, comprising APNS 537-120-013, 537-120-025, and 537-120-028 through -036 is located in the sphere of influence of the City and is hereby pre-zoned to “Specific 1097
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Plan - Sunset Crossroads”. This pre-zoning shall take effect upon execution of a Certificate of Completion by the Riverside County Local Agency Formation Commission for the annexation.

SECTION 3. FINDINGS FOR APPROVAL OF ZC 20-3502.

BMC Section 17.116.040 provides that upon receipt of the Planning Commission's recommendation, the City Council may approve, approve with modifications, or disapprove the proposed amendment based upon its findings. Amendments to the Zoning Ordinance shall be adopted by ordinance. Further, BMC Section 17.116.050 provides that an amendment to the Zoning Ordinance may be adopted only if the following findings are made. The City Council hereby finds and determines as follows:

A. FINDING No. 1: The proposed Amendment is consistent with the goals and policies of the General Plan.

Findings of Fact: The proposed ZC 20-3502 is consistent with the goals and policies of the General Plan. The proposed amendment will establish a land use pattern consistent with the corresponding general plan amendment 20- 2501, allowing for General Commercial and Industrial districts while preserving natural on-site drainages and open spaces with Open Space designations to maintain an appropriate balance of land uses in the City and through adoption of a Specific Plan will regulate such uses to allow for the orderly development of the Property. The Project will assist with the development of a circulation system that serves the needs of the City (Circulation Element Policy 6) through dedication of land and widening of key roadways, provision of other infrastructure and payment of fair share of fees such that City streets are able to maintain peak hour LOS D or better with implementation of the Project and City and regional capital improvements. 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 freewayserving businesses.

Further detailed findings of consistency between the Project and the General Plan are set forth in the FEIR and Resolution 2026-29 adopted by the City Council prior to or concurrently with adoption of this Ordinance, which findings and supporting evidence has been previously considered by the City Council in connection with the Project.
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B. FINDING No. 2: The proposed Amendment is internally consistent with the Zoning Ordinance.

Findings of Fact: The proposed zone change is internally consistent with the Zoning Ordinance because the zone change will implement zoning map changes authorized by Banning Municipal Code Chapter 17.96, authorizing adoption of Specific Plans by the City Council including adoption of the Sunset Crossroads Specific Plan adopted concurrently with adoption of this Ordinance pursuant to Resolution 2026-29. 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. As required by state law and provided that the MSJC Site Entitlements are adopted by the City Council, the proposed Project involves a transfer of residential density from Sunset Crossroads development project site to the MSJC Site to accommodate the commercial/industrial development project. The transfer of residential development capacity is consistent with state housing law in that it ensures no net loss in the residential development capacity identified in the City’s General Plan. The proposed density transfer can be accommodated on an approximately 41-acre site because the proposed density range is from 24 to 30 dwelling units per acre, consistent with the Zoning Ordinance and development standards for the Very High Density Residential zone and 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.

C. FINDING No. 3: That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

Findings of Fact: The Sunset Crossroads FEIR has been prepared for the Project in accordance with the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.) (CEQA). The City Council has conducted an independent review and is concurrently certifying the Sunset Crossroads FEIR (SCH# 2021020011), including the DEIR and certain Supplemental CEQA Memoranda as compliant with CEQA and has adopted the related CEQA Findings, Statement of Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Project pursuant to Resolution No. 2026-28 concurrently with or prior to adoption of this Ordinance.

SECTION 5. SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. CERTIFICATION.

The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it 1099
Ordinance No. 1618
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Page 6 ends

to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 7. EFFECTIVE DATE.

This Ordinance shall take affect thirty (30) days after its second reading by City Council.

The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

INTRODUCED AND READ for the first time and ordered posted at a special meeting of the City Council of the City of Banning, California, held on the 10th day of March 2026, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the 24th day of March 2026, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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
1100
Ordinance No. 1618
March 10, 2026

Page 7 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance No. 1618 was duly introduced at a special meeting of the City Council of the City of Banning, held on the 10th day of March, 2026, and was duly adopted at a regular meeting of said City Council on the 24th day of March, 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
1101
Ordinance No. 1618
March 10, 2026

Page 8 ends

EXHIBIT A
Existing General Plan/Zoning Map
1102
Ordinance No. 1618
March 10, 2026

Page 9 ends

EXHIBIT B-1
Legal Description of APNS 537-110-003 through -005, 537-110-011 through -014

COMPRISING THE NORTHERN PORTION OF THE PROJECT SITE AND SLB

EXTENSION IN THE CITY OF BANNING
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
1103
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March 10, 2026

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EXHIBIT B-2
Legal Description of APNS 537-120-013, 537-120-025, and 537-120-028 through -036

COMPRISING UNINCORPORATED SOUTHERN PORTION OF THE PROJECT SITE 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.
1104
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Page 1 ends

ORDINANCE NO. 1620

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF BANNING AND NP BANNING INDUSTRIAL, LLC, A MISSOURI

LIMITED LIABILITY CORPORATION
WHEREAS, the City of Banning, California, (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code (“Development Agreement Statute”) and Chapter 17.60 of the Banning Municipal Code authorize City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; and
WHEREAS, NP Banning Industrial, LLC, a Missouri Limited Liability Corporation (“Owner”) is proposing to develop a master planned project including industrial and commercial uses and various public facilities, including parkland and open space, with on-and off-site related improvements (“Project”) on approximately 533.8 acres of real property located within the City of Banning and the County of Riverside, with approximately 253.7 acres of this real property located in unincorporated County of Riverside and 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 legally described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the “Property”); and
WHEREAS, the Property is, or will be made, subject to the following entitlements:

Resolution 2026-29, approving General Plan Amendment No. 20-2501 and Specific Plan No. 20-2002; Ordinance No. 1618 approving Zone Change 20-3502; and Resolution No. 2026-31 approving Tentative Parcel Map No. 38118 to reconsolidate all existing parcels of the Property into 34 parcels and five lettered lots; and Resolution No. 2026-28, certifying an Environmental Impact Report (EIR), SCH Number 2021020011, Adopting Findings and a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program (collectively “Entitlements”); 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 that are not a part of the Project Site 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) (collectively, “MSJC 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 1105
Ordinance No. 1620
March 10, 2026

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Banning City CouncilMarch 10, 2026

Banning City Council
March 10, 2026