Banning City Council
June 9, 2026

RESOLUTION 2026-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE CUSTODIAL SEVICES AGREEMENT WITH EXECUTIVE FACILITIES SERVICES, INC. THE AMOUNT OF $246,725 FOR FISCAL YEAR 2026-2027 CUSTODIAL SERVICES AT CITY FACILITIES WHEREAS, on May 23, 2023, Resolution 2023-92 was approved, awarding a Custodial Services Agreement to Executive Facilities Services (EFS) in the amount of $184,752.42 with the option to renew for four (4) additional single-year periods; and WHEREAS, on June 11, 2024, Amendment No. 1 was approved, extending the term and increasing compensation for monthly custodial services while adding janitorial supplies to the agreement for FY 2025 in the amount of $221,492.44; and WHEREAS, on May 27, 2025, Amendment No. 2 to the agreement was approved, increasing compensation and extending the term for one year in the amount of $224,511.56, increasing the total agreement amount to $630,756.42; and WHEREAS, during this recent period, Amendments No. 3 & 4 were administratively processed with Amendment No. 3 adding services for 3 days/week restroom cleaning services at the Senior and Community Centers, and Amendment No. 4 adding monthly PD West Substation cleaning services for a total agreement of $644,085.42; and
WHEREAS, Amendment No. 5 will extend the term for FY 2026-2027 and increase the agreement in the amount of $246,724.64, which includes $5,000 for additional services and supplies as needed; and
WHEREAS, the total agreement amounts to $890,810.06; and WHEREAS, operational costs have been included in the Building Maintenance Fund budget, Account 704-3200-412.33-18.

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

SECTION 1. The City Council approves Amendment No. 5 to the Custodial Services Agreement with Executive Facilities Services, Inc. in the amount of $246,725 for Fiscal Year 2026-2027.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution. 427
Resolution 2026-80

SECTION 3. City Council authorizes the City Manager to make necessary nonsubstantive changes and to execute Amendment No. 5 with Executive Facilities Services, Inc. for Fiscal Year 2026-2027.

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

PASSED, APPROVED, AND ADOPTED this 9
th day of June 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
428
Resolution 2026-80

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-80, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9
th day of June 2026 by the following vote, to
wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
429
Resolution 2026-80

Exhibit A
Amendment No. 5 with Executive Facilities Services
FY 2026/2027 Custodial Services at City Facilities
430

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: June 9, 2026
SUBJECT: Consideration of Resolution 2026-82, Approving a List of Projects to be Funded for Fiscal Year 2026/2027 by SB 1 “The Road Repair and Accountability Act of 2017”
STAFF RECOMMENDATION:

Adopt Resolution 2026-82
BACKGROUND:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation shortfalls statewide.

SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. The City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

The City will receive an estimated $896,442 in RMRA funding in Fiscal Year 2026/2027 from SB 1. The unexpended amount of $1,430,860.55 in RMRA funding received in previous fiscal years will be used in conjunction with Fiscal Year 2026/2027 to complete the projects. The City used its Pavement Management System to develop the SB 1 project list, helping ensure that limited transportation revenues are directed to the highest-priority improvements and used in the most efficient and cost-effective manner possible.

The preliminary cost estimate for these proposed projects is $1,890,000 as listed below.

San Gorgonio Avenue/Westward Avenue and Lincoln Street Intersections Improvements Project- $500,000
12th Street AC Overlay (from Westward Avenue to Barbour Street) - $60,000 Highland Home Road Slurry Seal (from Wilson Street to Ramsey Street) – $80,000 Ramsey Street Slurry Seal (from 8th Street to Hargrave Street) - $400,000 Joshua Palmer Pavement Rehabilitation - $450,000
Highland Springs AC Overlay (From Wilson Street to the Railroad Tracks) - $400,000 JUSTIFICATION:
431
Local agencies are required to submit a list of projects to be funded by RMRA funds to the California Transportation Commission (CTC) by July 1, 2026 to receive funding for Fiscal Year 2026/2027.

FISCAL IMPACT:

The State Department of Finance estimates that the City of Banning will receive $896,442 in RMRA funding in FY 2026/2027 from SB 1.

ATTACHMENTS:

1. Resolution 2026-82.docx

2. SB1 Projects List.pdf
432
Resolution 2026-82

RESOLUTION 2026-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026/2027 TO BE FUNDED BY SB 1 “THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $896,442 in RMRA funding in Fiscal Year 2025/2026 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate six street projects throughout the City this year and hundreds of similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in at-risk condition and this revenue will help increase the overall quality of our road system and over the next decade will bring our streets and roads into good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. City Council adopts Resolution 2026-82, adopting a List of Projects to be Funded by SB 1: The Road Repair and Accountability Act of 2017.
433
Resolution 2026-82

SECTION 3. City Council authorizes the City Manager or his designee to make necessary budget adjustments and to receive and record SB 1 funding in a manner necessary to comply with the requirements of SB 1.

SECTION 4. The Fiscal Year 2026/2027 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues is attached hereto as Exhibit “A”.

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

PASSED, APPROVED AND ADOPTED this 9th day of June 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
434
Resolution 2026-82

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-82, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of June 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
435
Resolution 2026-82

EXHIBIT "A"
City of Banning FY 2026-2027 SB 1 Projects
Proposed Projects List
Project Title Project Description Project
Location
Estimated
Useful
Life
Anticipated
Start of
Project
Anticipated
Completion
of Project
San Gorgonio
Ave/Westward
Ave and
Lincoln St
Intersections
Improvements
Upgrade the Intersections by
Installing Roundabouts including
new sidewalks, pedestrian crossings
and striping and pavement
markers.

San Gorgonio
Ave and
Westward
Ave/Lincoln
St
20 - 25
yrs
November
2026
March
2027
12th Street AC
Overlay
Grind and construct 2" asphalt
concrete; adjust water valve and
sewer manhole covers; repair
concrete curb and gutter, sidewalk,
access ramps and cross gutter; and
reinstall all existing striping and
pavement markers.
12th Street
from
Westward
Avenue to
Barbour
Street
10 - 15
yrs
October
2026
January
2027
Highland
Home Road
Slurry Seal
Apply crack seal and slurry seal on
existing AC pavement; repair
concrete curb & gutter, sidewalk,
access ramps and cross gutter; and
reinstall all existing striping and
pavement markers.

Highland
Home Road
from Wilson
Street to
Ramsey
Street
5 - 7 yrs October
2026
December
2026
Ramsey Slurry
Seal (8th St to
Hargrave St)
Apply crack seal and slurry seal on
existing AC pavement; repair
concrete curb & gutter, sidewalk,
access ramps and cross gutter; and
reinstall all existing striping and
pavement markers.

Ramsey St
from 8th
Street to
Hargrave
Street
5 - 7 yrs November
2026
January
2027
Joshua Palmer
Pavement
Rehabilitation
Pulverizes entire asphalt layer and
part of base, mixes in stabilizing
agents (cement, foam asphalt), for
new base. Overly with 2” asphalt
concrete
Joshua
Palmer from
Highland
Springs Ave
to Apex Ave
10 - 15
Yrs
January
2027 June 2027
Highland
Springs Ave AC
Overlay
Grind and construct 2" asphalt
concrete; adjust water valve and
sewer manhole covers; and reinstall
all existing striping and pavement
markers.

Highland
Springs Ave
from Wilson
Street to
train tracks
10 - 15
yrs
October
2026
January
2026
436
EXHIBIT "A"
City of Banning FY 2026-2027 SB 1 Projects
Proposed Projects List
Project Title Project Description Project
Location
Estimated
Useful
Life
Anticipated
Start of
Project
Anticipated
Completion
of Project
San Gorgonio
Ave/Westward
Ave and
Lincoln St
Intersections
Improvements
Upgrade the Intersections by
Installing Roundabouts including
new sidewalks, pedestrian crossings
and striping and pavement
markers.

San Gorgonio
Ave and
Westward
Ave/Lincoln
St
20 - 25
yrs
November
2026
March
2027
12th Street AC
Overlay
Grind and construct 2" asphalt
concrete; adjust water valve and
sewer manhole covers; repair
concrete curb and gutter, sidewalk,
access ramps and cross gutter; and
reinstall all existing striping and
pavement markers.
12th Street
from
Westward
Avenue to
Barbour
Street
10 - 15
yrs
October
2026
January
2027
Highland
Home Road
Slurry Seal
Apply crack seal and slurry seal on
existing AC pavement; repair
concrete curb & gutter, sidewalk,
access ramps and cross gutter; and
reinstall all existing striping and
pavement markers.

Highland
Home Road
from Wilson
Street to
Ramsey
Street
5-7 yrs October
2026
December
2026
Ramsey Slurry
Seal (8th St to
Hargrave St)
Apply crack seal and slurry seal on
existing AC pavement; repair
concrete curb & gutter, sidewalk,
access ramps and cross gutter; and
reinstall all existing striping and
pavement markers.

Ramsey St
from 8th
Street to
Hargrave
Street
5-7 yrs November
2026
January
2027
Joshua Palmer
Pavement
Rehabilitation
Pulverizes entire asphalt layer and
part of base, mixes in stabilizing
agents (cement, foam asphalt), for
new base. Overly with 2” asphalt
concrete
Joshua
Palmer from
Highland
Springs Ave
to Apex Ave
10-15 January
2027 June 2027
Highland
Springs Ave AC
Overlay
Grind and construct 2" asphalt
concrete; adjust water valve and
sewer manhole covers; and reinstall
all existing striping and pavement
markers.

Highland
Springs Ave
from Wilson
Street to
train tracks
10 - 15
yrs
October
2026
January
2027
437

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Sandra Calderon, Deputy City Clerk
MEETING DATE: June 9, 2026
SUBJECT: Consideration of Resolution 2026-85, Calling for the Holding of a General Municipal Election on Tuesday, November 3, 2026 for the Election of Two Members of the City Council to Four Year Terms Representing Districts 4 and 5 as Required by the Provisions of the Laws of the California Relating to General Law Cities and the Banning Municipal Code, and Requesting Consolidation of the General Municipal Election with the Statewide General Election to be Held on the Same Day
STAFF RECOMMENDATION:

Adopt Resolution No. 2026-85
BACKGROUND:

Per the California Elections Code, a resolution needs to be adopted calling for a General Municipal Election to be held on Tuesday, November 5, 2024. Adoption of this resolution must meet the requirements of the California Elections Code and be submitted to the Riverside County Registrar of Voters by June 26, 2026.

JUSTIFICATION:

This action is required under Elections Code Sections 330, 10002, and 10403.5.

FISCAL IMPACT:

Staff will budget $58,300 in FY 2026-2027 for the 2026 election cycle, including advertising all public notices and election administration performed by the Riverside County Registrar of Voters.

ATTACHMENTS:

1. Resolution_2026-85__Calling_an_Election.docx
438
Resolution 2026-85

RESOLUTION 2026-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 3, 2026 FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL TO FOUR YEAR TERMS REPRESENTING DISTRICTS 4 AND 5 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF

THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND THE BANNING

MUNICIPAL CODE, AND REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL

ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DAY WHEREAS, under the provisions of the laws relating to general law cities in the State of California and Section 2.04.035 of Chapter 2.04 of the Banning Municipal Code a General Municipal Election shall be held on Tuesday, November 3, 2026, for the election of Members of City Council for the full term of four years representing Districts 4 and 5 as set forth on the Adopted Electoral District Map attached as Exhibit A and currently held by the following officers:

Council Member District 4 – Incumbent Richard Royce
Council Member District 5 – Incumbent Colleen Wallace; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. Call for Election. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is hereby called and ordered to be held in the City of Banning, County of Riverside, State of California, on Tuesday, November 3, 2026, a General Municipal Election of the qualified electors of the City for the following purposes:
(a) In Council Districts 4 and 5, the qualified voters of each District shall elect one Member of the City Council representing District 4, and one Member of the City Council representing District 5, respectively, each for a full four-year term; SECTION 2. Request to Consolidate. Pursuant to Elections Code Section 10403, the Banning City Council hereby requests that the Board of Supervisors of the County of Riverside consolidate the City’s General Municipal Election with the Statewide General Election to be conducted in the County on November 3, 2026 and that, within the City of Banning, the precincts, polling places, and election officers of the elections be the same, and that the Riverside County Registrar of Voters canvass the returns of the election, and that the election be held in all respects as if there were only one election. The City Council acknowledges that the election will be held and conducted according to procedures in the Elections Code, including Section 10418.

SECTION 3. Riverside County Registrar Authorized to Administer Election. Under Elections Code Section 10002, the Banning City Council further requests that the Riverside County Board of Supervisors permit the Registrar of Voters office to render services to the City of Banning relating to the conduct of the City’s General Municipal Election on November 3, 2026. The City Council requests and authorizes the Riverside County Registrar to administer the election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 4. Time for Opening and Closing of Polls. The polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Elections Code Section 14401. 439
Resolution 2026-85

SECTION 5. Ballots. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 6. Conduct of Election. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 7. Notice of Election. The City Clerk of the City of Banning will give notice of such election by publication in the local newspaper.

SECTION 8. Filing of Resolution with Registrar. The City Clerk of the City of Banning is authorized and directed to file a certified copy of this Resolution forthwith with the Clerk of the Board of Supervisors of Riverside County and the Registrar of Voters.

SECTION 9. Additional Notice. Notice of the time and place of holding the election is given and the City Clerk and Registrar are authorized, instructed and directed to give such further or additional notice of the election, in time, form and manner as may be required by law.

SECTION 10. Certification of Resolution. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 9th day of June 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
440
Resolution 2026-85

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-85, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of June 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
441
Resolution 2026-85

EXHIBIT A

MAP OF COUNCIL DISTRICTS BOUNDARIES
As Updated by Ordinance 1581 in March 2022
442
Resolution 2026-85

EXHIBIT A
DETAILED 2020 ADOPTED DISTRICT BOUNDARIES
District 1: Beginning at the intersection of Sunset Avenue and I-10, proceeding northerly along Sunset Avenue until Jacinto View Road; thence proceeding westerly along Jacinto View Road until Omar Street; thence proceeding northerly along Omar until Wilson Street; thence proceeding easterly along Wilson Street until San Gorgonio Avenue; thence proceeding southerly along San Gorgonio Avenue until Nicolet Street; thence proceeding westerly along Nicolet Street until Eighth Street; thence proceeding southerly along Eighth Street until I-10, thence westerly along I-10 to Sunset Avenue which is the point of origin.

District 2: Beginning at the intersection of Westward Avenue and Sunset Avenue; proceeding northerly along Sunset Avenue until I-10; thence proceeding easterly along I- 10 until 8th Street; thence proceeding northerly along 8th Street until Nicolet Street; thence proceeding easterly along Nicolet Street until Hargrave Street; thence proceeding southerly along Hargrave Street until I-10; thence proceeding easterly along I-10 until the border of the Morongo Tribal Reservation; thence proceeding southerly along the border of the Morongo Tribal Reservation until the City border; thence proceeding clockwise along the City border until the point of origin.

District 3: Beginning at the intersection of Wilson Street and Highland Springs Avenue; thence proceeding easterly along Wilson Street until Kingswell Drive; thence proceeding southerly along Kingswell Drive until Spring View Drive; thence proceeding easterly along Spring View Drive until Meridian Avenue; thence proceeding southerly along Meridian Avenue, which becomes Highland Home Road and its extension until I-10; thence proceeding easterly along I-10 until Sunset Avenue; thence proceeding southerly along Sunset Avenue until the City border; thence proceeding clockwise along the City border until the point of origin.

District 4: Beginning at the intersection of Wilson Street and Highland Springs Avenue: thence proceeding easterly along Wilson Street until Kingswell Drive; thence proceeding southerly along Kingswell Drive until Spring View Drive; thence proceeding easterly along Spring View Drive until Meridian Avenue; thence proceeding southerly along Meridian Avenue, which becomes Highland Home Road and its extension until I-10; thence proceeding easterly along I-10 until Sunset Avenue; thence proceeding northerly along Sunset Avenue until Jacinto View Road; thence proceeding westerly along Jacinto View Road until Omar Street; thence proceeding northerly along Omar to Wilson Street; thence proceeding easterly along Wilson Street until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until Gilman Road; thence proceeding westerly along Gilman Road until 8th Street; thence proceeding northerly along 8th Street until Indian School Lane; thence proceeding easterly along Indian School Lane until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until the City border; thence proceeding counter-clockwise along the City border until point of origin.

District 5: Beginning at the intersection of the Morongo Tribal Reservation and the southern border of the City, proceeding northerly along the border of the Morongo Tribal Reservation until I-10; thence proceeding westerly along I-10 until Hargrave Street; thence proceeding northerly along Hargrave Street until Nicolet Street; thence proceeding westerly along Nicolet Street until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until Gilman Street; thence proceeding westerly along Wilson Street until 8th Street; thence proceeding northerly along 8th Street until Indian School Lane; thence proceeding easterly along Indian School Lane until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until the City border; thence proceeding clockwise along the City border until the point of origin. 443

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: June 9, 2026
SUBJECT: Consideration of Resolution 2026-86, to Revise the Appropriation Listed in Approved Resolution 2026-45 to Include Funding From the Sun Lakes Boulevard Extension Project for Inspection Services
STAFF RECOMMENDATION:

Adopt Resolution 2026-86
BACKGROUND:

The construction contract for the Sun Lakes Boulevard Extension Project has been awarded by City Council. A requirement of public works construction is inspection services. City staff initially anticipated that inspection work could be completed by City staff. Based on current and projected development and encroachment activity over the duration of the Sun Lakes Boulevard Extension Project construction, it is now apparent that additional inspection services are necessary to meet expected inspection demand.

Engineering Resources of Southern California (ERSC) was awarded a contract for plan check and inspection services with approval of Resolution 2023-88 after an open and competitive request for proposal (RFP) process. Under this proposal, ERSC would supplement City staff to inspect portions of the Sun Lakes Boulevard Extension Project under their existing contract, and recently amended with Resolution 2026-45, Amendment No. 5 to the professional services agreement.

While no change in the total appropriation authorized in Resolution 2026-45 is proposed, staff is requesting a change in the funding accounts that would appropriate a portion of the total with funds from the Sun Lakes Boulevard Extension Project.

JUSTIFICATION:

In the course of construction, it is necessary for the City of Banning to perform inspections of the work to ensure that construction meets City standards and specifications. After discussing with staff, it is apparent that additional inspection services are necessary to meet the demands of the Sun Lakes Boulevard Extension Project without degrading other inspection obligations throughout the City.

FISCAL IMPACT:

Revise the funding appropriation approved in Resolution 2026-45 as follows:
$1,475,000 from fund 001-3000-442.33-53
$125,000 from fund 101-4900-431.93-16
444
The total appropriation from Resolution 2026-45 is unchanged. The funding from Fund 101 would track the expense as part of the capital project, and would be eligible for reimbursement by the grants for the construction of the Sun Lakes Boulevard Extension Project and reduce the fiscal impact from the General Fund. Based on the provided construction schedule and inspection needs, staff estimates that $125,000 is a reasonable estimate of the inspection work to be completed.

ATTACHMENTS:

1. CC Resolution No. 2026-45.pdf

2. Resolution_2026-86_JT_6.4.26.docx
445
RESOLUTION 2026- 45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR AN ADDITIONAL 1,600, 000 FOR PLAN CHECK, INSPECTIONS AND RELATED ADMINISTRATIVE

SERVICES
WHEREAS, the Public Works Department administers an array of seNices including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and determined a need for additional resources in consideration of the current and anticipated increases in workload related to future private land development activities in order to maintain an acceptable level of seNice; and WHEREAS, on May 9, 2023, the City Council of the City of Banning adopted Resolution No. 2023- 88 awarding a professional seNices agreement to Engineering Resources of Southern California ( ERSC) in the amount of $ 550, 000 for plan checks, inspections and related administrative seNices; and
WHEREAS, on January 9, 2024, the City Council adopted Resolution No. 2024- 08 approving Amendment No. 1 to the professional seNices agreement with ERSC for an additional 450, 000 for plan check, inspections and related administrative seNices; and WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 2024- 53 approving Amendment No. 2 to the professional seNices agreement with ERSC for an additional $ 900, 000 for plan check, inspections and related administrative seNices and to extend the agreement to through June 30, 2025; and
WHEREAS, on December 10, 2024, the City Council adopted Resolution No. 2024- 198 approving Amendment No. 3 to the professional seNices agreement with ERSC for an additional 1,000, 000 for plan check, inspections and related administrative seNices; and WHEREAS, on September 9, 2025, the City Council adopted Resolution No. 2025- 124 approving Amendment No. 3 to the professional seNices agreement with ERSC for an additional 500, 000 for plan check, inspections and related administrative seNices; and WHEREAS, funds allocated to the current professional seNices agreement with ERSC will be exhausted as current authorized work is completed; and WHEREAS, the Public Works Department anticipated inspection fees for additional land development at Atwell and other projects throughout the City between now and the end of the fiscal year; and
WHEREAS, the amount of plan checks and inspections related to the Atwell Development have exceeded staff' s expectations and has resulted in a need to increase the Professional SeNices Agreement with ERSC by $ 500, 000 in order to continue receiving their seNices; and Resolution 2026- 45

446
WHEREAS, an appropriation from the General Fund in the amount of $ 1,600, 000 to Account No. 001- 3000- 442. 33- 53 is required to fund Amendment No. 5 and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department in Account 001- 3000- 351. 35- 55; and
WHEREAS, the payment methodology for developer plan check project is being revised from a time and materials basis to a fixed fee basis consistent with the current users fees collected for plan checking purposes.

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

SECTION 1. The City Council approves Amendment No. 5 to the Professional Services Agreement with Engineering Resources of Southern California in the amount of $ 1,600, 000 for an amended not- to-exceed contract amount of $5,000, 000.

SECTION 2. The City Council approved the term extension of the Professional Services Agreement with Engineering Resources of Southern California to June 30, 2027.

SECTION 3. The City Council authorizes the City Manager to make non- substantive changes to Amendment No. 5 and to execute Amendment No. 5 with Engineering Resources of Southern California on behalf of the City Council.

SECTION 4. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

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

PASSED, APPROVED AND ADOPTED this 10th day of March, 2025.

Resolution 2026- 45

447
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVEDASTOFORMAND
LEGAL CONTENT:

Jj>'hn Prnkney, City Attorney
Sl~ k, Baron, Empey, Murphy & Pinkney,
LLC
Resolution 2026- 45

448
CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026- 45, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of March 2026 by the following vote, to wit:

AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2026- 45

OaJdMt) n)
Sandra Calderon, Deputy City Clerk
City of Banning, California
449
Resolution 2026- 45

EXHIBIT A
Amendment No. 5
450
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT ( C00805) FOR PLAN CHECK AND INSPECTION

SERVICES BY AND BETWEEN CITY OF BANNING AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

THIS AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR PLAN CHECK AND INSPECTION SERVICES (" Amendment No. 5") by and between the CITY OF BANNING (" City") and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation (" Consultant") is effective as of this day: ------

RECITALS
A. City and Consultant entered into that certain Contract dated July 1, 2023, for the purpose of providing Plan Check and Inspection Services (" Agreement") following Request for Proposals ( RFP No. 23- 001), Plan Check and Inspection Services and approved by City Council Resolution 2023- 88.

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated January 11, 2024, to increase the Contract Sum to $ 1,000, 000. 00, as approved by City Council Resolution 2024- 08.

C. City and Consultant have entered into an Amendment No. 2 to the Agreement dated April 4, 2024, to increase the Contract Sum to $ 1,900, 000. 00, as approved by City Council Resolution 2024- 54.

D. City and Consultant have entered into an Amendment No. 3 to the Agreement dated December 12, 2024, to increase the Contract Sum to $ 2,900, 000. 00, as approved by City Council Resolution 2024- 198.

E. City and Consultant have entered into an Amendment No. 4 to the Agreement dated September 17, 2025, to increase the Contract Sum to $ 3,400, 000. 00, as approved by City Council Resolution 2025- 124.

F. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2027, increase the Contract Sum to $ 5,000, 000. 00, add a new exhibit to the Schedule of Compensation as Exhibit " C- 2," and amend Section 2.2 and

3.4. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. The maximum compensation for the Services performed pursuant to this Amendment No. 5 shall not exceed One Million Six Hundred Thousand Dollars ($ 1,600, 000. 00) thereby 451
increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Five Million Dollars ($ 5,000, 000. 00).

2. The document entitled " City of Banning - Public Works Department User Fees Effective January 15, 2026 to December 31, 2026)", attached hereto as Exhibit " C- 2" and incorporated herein by this reference, is hereby added to the Agreement as Exhibit " C- 2." Exhibit " C- 2" shall form part of the Schedule of Compensation and shall govern the rates and/ or fixed fees applicable to Services performed during the effective period specified therein.

3. The Section 2.2 Method of Compensation will be deleted in its entirety and replaced with the following language:

The method of compensation under this Agreement may include: ( i) a fixed lump sum payment for completion of all or a portion of the Services, including as set forth in Exhibit " C- 2", ( ii) payment in accordance with specified tasks or the percentage of completion of the Services, ( iii) payment for time and materials based upon Consultant' s rates as specified in Exhibit " C-1 ", provided that time estimates are supplied for performance of sub- tasks and total compensation does not exceed the Contract Sum, or iv) such other methods as may be expressly set forth in the Schedule of Compensation.

Where compensation is designated as a fixed fee pursuant to Exhibit " C- 2," such amount shall not be subject to adjustment based upon actual time or materials expended, except as otherwise authorized in writing pursuant to Section 1.8."

4. The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2027, unless sooner terminated or extended as provided in the Agreement.

5. Miscellaneous Provisions
1 Continued Effect of Agreement. Except as amended by this Amendment No. 5, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1, 2, 3,4 and 5. In the event of a conflict between the provisions of this Amendment No. 5 and the provisions of the Agreement or Amendment Nos. 1, 2, 3,4 and 5, the provisions ofthisAmendmentNo. 5 shall control.
2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 5 .
3 Authority. The persons executing this Amendment No. 5 on behalf of the parties hereto warrant that ( i) such party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said party, 452
iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of this Amendment No. 5, and ( iv) entering into this Amendment No. 5 does not violate any provision of any other agreement to which said party is bound .
4 Counterparts. This Amendment No. 5 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (" electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

SIGNATURE PAGE FOLLOWS]
453
The Parties are signing this Amendment No. 5 on the date stated in the introductory clause.

CITY OF BANNING
Elizabeth Gibbs,
City Manager
City Council Approval: ______ _
ATTEST:

Sandra Calderon
Acting Administrative City Clerk
APPROVED AS TO FORM:

Slovak Baron Empey Murphy & Pinkney
LLP
John 0. Pinkney
City Attorney

CONSULTANT
NAME:

TITLE:

NAME:

TITLE:

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY.
454
EXHIBIT "C-2"

CITY OF BANNING - PUBLIC WORKS DEPARTMENT USER FEES
EFFECTIVE JANUARY 15, 2026 TO DECEMBER 31, 2026)

ATTACHED BELOW)
455
Resolution 2026-86

RESOLUTION 2026-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, REVISING THE APPROPRIATION LISTED IN APPROVED RESOLUTION 2026-45 TO

INCLUDE FUNDING FROM THE SUN LAKES BOULEVARD EXTENSION PROJECT FOR

INSPECTION SERVICES
WHEREAS, the City Council adopted Resolution 2026-45 on March 10, 2026, approving Amendment No. 5 to the Professional Service Agreement with Engineering Resources of Southern California for an additional $1,600,000 for plan check, inspections, and related administrative services; and
WHEREAS, the Public Works Department subsequently identified a need to supplement inspection services for the Sun Lakes Boulevard Extension Project; and WHEREAS, the funding program for the Sun Lakes Boulevard Extension project includes a combination of reimbursement funding from the Riverside County Transportation Commission and the Western Riverside Council of Governments; and
WHEREAS, the proposed amendment would reduce the general fund allocation from Account 001-3000-442.33-53 by $125,000 and replace the allocation from 101-4900-431.93-16 for $125,000; and
WHEREAS, the proposed amendment does not change the previous total appropriated with Resolution 2026-45.

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

SECTION 1. The City Council amends Resolution 2026-45 to revise the funding sources on the previous action, without any additional appropriation above the $1,600,000 appropriated with Resolution 2026-45.

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

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

PASSED, APPROVED, AND ADOPTED this 9
th day of June, 2026.

Richard Royce, Mayor
City of Banning
456
Resolution 2026-86

ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLC
457
Resolution 2026-86

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-86, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9
th day of June 2026 by the following vote, to
wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
458

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Marisol Lopez, Economic Development Manager MEETING DATE: June 9, 2026
SUBJECT: Receive & File Update, City of Banning Participation at the 2026 ICSC Las Vegas Conference
STAFF RECOMMENDATION:

Staff recommends that the City Council receive and file an update regarding the City of Banning’s participation at the 2026 ICSC Las Vegas Conference, held May 18–20, 2026, in Las Vegas, Nevada.

BACKGROUND:

Each year, representatives from the City of Banning attend the ICSC Las Vegas Conference as part of the City’s ongoing economic development, business attraction, and retail recruitment efforts. ICSC Las Vegas is recognized as one of the largest commercial real estate and retail development events in the country, bringing together more than 25,000 decision-makers for dealmaking, networking, and marketplace industry discussions.

ICSC, which stands for Innovating Commerce Serving Communities, is the member organization for the advancement of the Marketplaces Industry. The Marketplaces Industry includes the places and spaces where people shop, dine, work, play, and gather, and is foundational to local communities and economies.

For the 2026 conference, the City of Banning partnered with the Riverside County Office of Economic Development, which hosted a pavilion in Central Hall, Booth #2459J. Riverside County’s pavilion included 11 city partners and provided shared meeting and display space for participating agencies. This partnership allowed the City to maintain a professional presence at the conference in a cost-effective manner by reserving meeting space within the County booth, displaying City marketing materials, and meeting with developers, brokers, and retailers without the significant financial and staffing costs associated with securing and operating a separate dedicated booth.

The City of Banning’s attendance included the following representatives:

Richard Royce, Mayor
Leroy Miller, Councilmember
Elizabeth Gibbs, City Manager
Art Vela, Public Works Director
Marisol Lopez, Economic Development Manager
Many cities attending ICSC include City Managers, elected officials, department heads, and economic development staff because retail recruitment and development opportunities often require coordinated discussions related to land use, infrastructure, utilities, permitting, public improvements, and long-term community vision.
459
Throughout the conference, City representatives participated in pre-scheduled meetings with developers, brokers, and retail tenants interested in the City of Banning. Staff also conducted drop-in meetings and informal discussions with industry representatives. These conversations provided opportunities to promote Banning’s growth, available development sites, municipal utility advantages, development processes, City-owned properties, and current and future investment opportunities.

In addition to marketing the City’s overall economic development opportunities, staff brought materials highlighting select City-owned properties and opportunity sites. These materials supported discussions regarding potential investment, redevelopment, and activation of underutilized properties within the City.

Marketing these properties is consistent with the City’s broader effort to evaluate public land assets and identify opportunities that may support economic development, generate revenue, encourage private investment, and advance long-term fiscal sustainability.

Conference discussions also focused on downtown revitalization and strategies for creating activated, walkable downtown environments. A session titled “Ground Floor Solutions: Strategies for Filling Empty Downtown Storefronts” highlighted several practical tools, including downtown beautification and maintenance programs, power washing programs, Business Improvement Districts (BIDs), small business support programs, arts and culture districts, flexible zoning, downtown retail activation plans, office-to-residential conversions, and other approaches to reduce barriers to business attraction.

A recurring theme was the importance of cities actively telling their downtown story, investing in downtowns, and creating environments that encourage entrepreneurship and private investment. Staff also toured Downtown Container Park, which provided ideas for future activation and placemaking opportunities, including potential concepts for 150 E. Ramsey Street, container-based business incubators, public-private partnerships, food and retail activations, micro-business spaces, and models similar to SteelCraft Garden Grove. These concepts may help support small businesses and activate underutilized spaces in Downtown Banning.

The City’s participation was also supported by Riverside County’s broader marketing efforts, including promotion through social media platforms, LinkedIn, and the Riverside County Office of Economic Development website. The County’s regional presence helped increase visibility for the City of Banning and other partner cities within the shared economic development booth.

Interest in the City of Banning appears to have increased over the past several months. This is likely due, in part, to the public announcement that Sam’s Club is coming to Banning as part of the Sunset Crossroads project by NorthPoint Development, as well as continued interest from Regency Centers in the 23-acre Atwell retail site.

For competitive industry reasons, the City must keep the names of specific developers, brokers, and retail tenants confidential at this time. However, the prospective users who met with City representatives represent highly desirable opportunities that could bring significant economic benefits to Banning, including new sales tax and property tax revenue, job creation, and expanded services for residents.

JUSTIFICATION:

The City’s participation in ICSC Las Vegas directly supports the City of Banning’s economic development goals and aligns with the City’s Strategic Plan, “Banning 2030: Designing Our Future Today,” as well as the City’s financial and operational “workout plan,” which is focused on moving the City from past fiscal deficits toward long-term financial sustainability.

Retail recruitment, business attraction, and private investment are key components of strengthening the City’s General Fund. New commercial development can generate sales tax, property tax, utility revenue, employment opportunities, and expanded services for the community. Participation in ICSC allows the City to proactively market Banning to local, regional, and national retailers, developers, brokers, and site 460
selectors who may not yet be familiar with Banning’s growth, available land, infrastructure capacity, municipal utilities, and strategic location along the I-10 corridor.

Participation in ICSC supported several goals from the City’s 2030 Plan, including business attraction, expansion of the local tax base, activation of underutilized land, strengthened regional partnerships, and proactive development readiness. The conference also supported the City’s goal of becoming more business-ready and competitive by allowing staff to discuss development processes, infrastructure needs, utilities, available sites, City-owned properties, and future opportunities directly with interested developers, brokers, and retailers.

The shared booth partnership with Riverside County provided the City with a professional presence at the conference while conserving financial and staffing resources. It also allowed City representatives to benefit from regional visibility, coordinated marketing, and spontaneous interactions with Riverside County representatives, partner cities, regional agencies, and private-sector representatives.

Staff will continue economic development recruitment efforts throughout the year and follow up with interested developers, brokers, and retailers from the conference. Staff also offers site visits, development meetings, and tours of Banning to better showcase the City’s housing growth, commercial corridors, City-owned properties, opportunity sites, municipal utilities, infrastructure, and development potential. This effort supports the City’s broader goal of being proactive, business-ready, and competitive in attracting quality development that contributes to long-term fiscal recovery, economic sustainability, and improved quality of life for Banning residents.

FISCAL IMPACT:

The cost for the City of Banning’s partnership with Riverside County for shared booth and meeting space at the 2026 ICSC Las Vegas Conference was $4,300. This expense was paid from the budget account:
001-1210-412-41-46.

Additional travel-related expenses, including conference registration, lodging, mileage, meals, and other authorized costs, were processed in accordance with City policies and approved budget procedures, as applicable. The approximate total cost for these travel-related expenses is currently estimated at $11,183.20; however, staff is still reconciling final travel expenses from budget account: 001-1000-4.11- 23-05.

ATTACHMENTS:

1. LASVEGAS2026_Exhibitor_List_06-02-2026 (1).pdf

2. SouthHall_ICSC2026_Map.png

3. ICSC_CenteralHall_2026.png

4. 2026 ICSC Partnership Flyer.png

5. Banning_02-12-26 - Big Box.pdf
461
ICSC LAS VEGAS 2026
Company Listing as of 6/2/26
Name Booth
1031 Specialists 10PT
1045 Commercial Property Management 4950S
16 Handles 1140X
3 Valley Construction 5009P
4EverCharge 506U
4th Dimension Properties 2930G
58 INC | Shelby County EDC 5103P
7-Eleven, Inc. 632V
A&G Realty Partners, LLC 4450S
A. T. Meridian Construction 742X
A.J. Dwoskin & Associates, Inc. 2482L
A10 Capital, LLC 3818
Abernathy Development Company, LLC 5455R
Acadia Realty Trust 2451I
Accruent 25PT, 5744R
Ackerman & Co 2224G
Acoustiblok, Inc. 2481L
Acres 418U
Action Behavior Centers 851X
ADA Compliance Consultants 3425G
Adams County Development Council 920U
Adaptive Property Solutions, Inc. 1119U
Advan Research Corporation, LLC 3242I
Advance Auto Parts 339W
Advanced Drainage Systems, Inc. 4951S
Adventure Golf & Sports 3464J
Agora Realty & Management 3260J
462
Agree Realty 1035V
Ahold Delhaize 5631Q
AiCRE Partners, Inc. 3815
Akún México 3477K
Alabama League of Municipalities 508U
Albanese Cormier Holdings, LLC 2130H
Alexander & Baldwin 2786L
All County Paving 2475k
ALL OUT Parking Lots 3331H
Alliant Insurance Services, Inc. 5545R
Alpha Real Estate Advisors 1121V
Alpha Video Surveillance 3244I
Alpha Vision 743X
ALTO Real Estate Funds MRC104
AmCap 2048I
AMERESCO 3084L
America First Credit Union 3819
American Textile Recycling Service 2383L
Amped Fitness 953X
AmTrust Title Insurance Company 2962K
Anchor Retail 2224G
Anton Systems, Inc. 3426G
Applied Media 3412F
ARC Real Estate group 2224G
ArchiWise AI 3316F
ARCTRUST 4837R
Arizona Partners 4931Q
Aronov Realty Management, Inc. 2037H
Asbestways Solutions Corp. 3085L
Ashkenazy Acquisition Corp. 2841I
Ashley Group 5044R
Aston 1709L
463
Asylon Robotics 3446I
AT&T Mobility 2387L
ATAS International, Inc. 3361J
Athena Property Management 4938R
Atlantic Retail 2224G
Atlas Civil Design 3275K
Atlas Global Advisors 44PT
Auburn University - Masters of Real Estate Development 3442H Autodesk 55PT
Autolane 46PT
AUTOParkit 2414G
AutoZone, Inc. 107U
Avis Budget Group, Inc. 5443S
Avison Young 2625G
AW Services Group 912V - E
Axis Exterior Solutions 2864K
Azira 2925G
B+E 4157S
Baltimore Development Corporation 3106F
Bang Realty 5254S
Basser Kaufman 2124G
BC Wood Properties 2676K
Beall Corp 2410F
Benderson Development Company, LLC 5122Q
Berkeley Capital Advisors SMR230
Beta 2265J
BH Properties 5337R
Bialow Real Estate 2422G
Big V Property Group 2961J
Blackwater Real Estate, LLC 5455R
Bohler SMR231
Bojangles' Restaurants, Inc. 5230Q
464
Bonchon Restaurants 325V
Bowman Consulting Group SMR220
Boyan Holding Inc. 3234H
Brandmarch 29PT
BreatheEV 60PT
Breslin Realty Development Corp. 3176K
BridgeCore Capital Inc 3803
BrightLife Designs 3443H
Brinker International 1111U
Brisky Net Lease 3318G
Brixmor Property Group 2006G
Broad Reach Retail Partners, LLC 707U
Broadstone Net Lease, Inc. 5457S
Bryckel AI 34PT
Bucksbaum Properties 1626M
Burlington Stores, Inc. 4845R
Butler Enterprises 2912G
Buxton by Audiense 5121Q
C&K Paving Contractors 5205P
C.F. Smith Property Group 3808
Cadillac Fairview 2615G
Cafaro 1726M
Caleres 839W
Callaway Chamber of Commerce 3280K
Calvert Street Group 2907F
Cambridge Innovation 3274K
Capital Retail Properties 3015G
Capitol Real Estate Advisors, Inc. 4007Q
Care Crates 5161S
Carnegie Companies, Inc. 3805
Carpionato Group 5223Q
CASTO 4744R
465
CBL Properties 2807F
CBRE 2022G
CCA Acquisition Company, LLC 2958J
CDO Group 610U
Celina Economic Development Corporation 619V
Centennial Advisers 2881L
Centennial Real Estate 2434I
CenterCal Properties, LLC 2252I
CenterCheck 2409F
Centralia Outlets/R.K. Getty Corp 3341H
ChainLinks Retail Advisors, Inc. 4607Q, 4707Q
ChainXY Solutions Inc. 518U
Charles Company 5301O
Chase Bank 5136R
Chase Properties Ltd. 4251S
Checkers & Rally's 324V
Chicken Salad Chick 5448S
Children of America 210U
Chipotle Mexican Grill 117V
Choice Hotels International, Inc. 407U
CIM Group, Inc. 2650I
Circle K Stores Inc. 807U
Citrin Cooperman 3406F
City of Albertville 908U
City of Andalusia 3335H
City of Auburn 3177K
City of Aurora 3320G
City of Beaumont, CA 3163J
City of Bellflower 3362J
City of Birmingham 2909F
City of Bullhead City 5340R
City of Carson 5514P
466
City of Chino 248X
City of Costa Mesa 5209P
City of Dana Point 153Y
City of Fontana 3324G
City of Fountain Valley 3278K
City of Garden Grove 3276K
City of Grapevine - Grapevine, TX 5034R
City of Hammond, Indiana 310U
City of Kingman 5456S
City of La Porte 5637R
City of La Vergne, Tennessee 3206F
City of Lake Forest 3282L
City of Lehi 3080L
City of Madisonville 3125G
City of Mansfield 2551I
City of Manteca 3268K
City of McHenry 3364J
City of Menifee 4857S
City of Mentor 3181K
City of Montclair 3184L
City of Moreno Valley 4337R
City of North Port, FL 5817O
City of Ontario 4937R
City of Orlando 5649S
City of Page 5818O
City of Peru 3264J
City of Portland 845X
City of Rancho Santa Margarita 3223G
City of Rialto 3135H
City of Riverside - Economic Development Department 2960K City of Roanoke 941X
City of San Jacinto 5005P
467
City of San Luis 3470K
City of Santa Ana 3360J
City of Sherman 3179K
City of Westminster 3339H
City of White House 739W
CityScapes Architectural Innovations 3410F
Citywave USA 473Y
CKE Restaurants Holdings, Inc. 5446S
CLG Lighting & Design 2886L
Club Car Wash 220V
Coakley Brothers and Brothers Interiors 3314F
Cobblestone Hotels 3365J
Cocca Development, Ltd 5015P
Coldwell Banker Commercial Affiliates 4631Q
Colliers 4009Q
CommercializeIQ 41PT
Complete Solutions & Sourcing 912V - F
CompStak 2860J
Comstock Companies 3480K
Coniq 35PT
Connect CRE 1116U
Continental Realty Corporation 2679L
COR Development Company, LLC 5156S
CORFAC International 2576K
CoStar Group 2641I, 611U, MRC 206 Second
Floor Meeting Room
CP Partners 222U
Crawford Square Real Estate Advisors, LLC 4445R
CRE/Companies 317U
CRENEX 28PT
CREtelligent 4PT
CREW Network 3006F
Crexi 2825G
468
Crossman & Company SMR221
CrossMarc Services, LLC MRC103
Crosspoint/Sansome Pacific 5012P
Crunch Fitness 631V
CSA Partners 3475K
CTO Realty Growth 5244R
Cullinan Properties LTD 5328Q
Curbline Properties 2850I
Cushman & Wakefield 2335I
Dairy Queen 5531Q
Dataplor 3343I
David Cronheim Mortgage Corp. 4010Q
David Weinert & Associates 2974K
De Rito Partners, Inc. 816V
DealGround 2662J
Dealius 5PT
DealPoint Merrill 240W
DealSumm 3288K
Defease with Ease | Thirty Capital 5652S
Deferred.com 4014Q
Dekra-Lite 3328G
DEPASQUALE, KELLEY & COMPANY 5010P
Designer Palms 3342I
Development Corporation of Mercedes 516U
Development Management Group, Inc. 5507O
Dexter Laundry, Inc. 5716O
Dhanani Private Equity Group 318U
DiMarco Group 2139H
Dine Brands Global 239W
Divaris Real Estate 2224G
Diversified Partners 5345S
DLC Management Corporation 4044R
469
Dollar General Corporation 5145R
Dollar Tree 4921Q
Domino's Pizza 835V
Downtown Austin Alliance 2915F
Doyle Construction 3292K
DPI EXETER™ 49
DRA Advisors LLC 2439I
Drake Development, LLC 5237R
Drexel Realty Partners 5615O
DUCS 30PT
Duro-Last Roofing 3082L
Dutch Bros Coffee 1046X
DWS 5229Q
East Montgomery County Improvement District 1713M
Eastern Retail Properties 5247R
ECAM 912V - A
ECHO Realty 2863K
Economic Development Corporation of Lea County 5557S
EDCUtah 5259S
EDENS 2424G
EDGE Realty Partners 5315P
Edgewood Properties 2062J
Edinburg Economic Development Corporation 143Y
El Pollo Loco, Inc 338V
Elcan and Associates Inc 5231Q
ElectriCities of N.C., Inc. 2380L
Electrify America 2706F, N115
Elev8 Fun 5753S
Elevate Net Lease 2882L
Elite Paving Group 3273K
Empower Construction 3330H
Encore Real Estate Investment Services, LLC 5215P
470
Endeavor Real Estate Group 4550S
Ensight Technologies 3344I
Enviro-Master International Franchise, LLC 3246I
EOS Fitness 207U
Equity, LLC. 540W
ES&A Sign & Awnings 432W
Esri 27PT, 3220F
Essential Capital Advisors 4449S
Essential Properties Realty Trust 5256S
Ethan Conrad Properties 2658J
Everest Systems 3428H
Evergreen Devco, Inc 2072K
EVgo 1PT
Evium Charging 5202P
Evry Space 37PT
Examen 2719G
Excel Engineering 3458J
EXFLEX Property Services 4018Q
Extended Stay America 5611O
Exteros, Inc. 3445I
EyeQ Monitoring 52PT
F&D Partners 4456S
Fairmont Sign Company 1142X
Fairway Investments SMR229
Falcon Rappaport & Berkman LLP 817U
Falcon Realty Advisors 2224G
FARO INSIGHT a Business of AMETEK, Inc. 3332H
Federal Realty Investment Trust 2415G
Ferguson Properties 2224G
FiberTite Roof Systems 1039X
Fidelis Realty Partners 5218Q
Fifth Corner 3807
471
First American Data & Analytics 3350I
First Hartford Realty Corporation 5004P
First National Realty Partners 4156S
First Washington Realty, Inc. 2815G
First Western Properties 2224G
Fitness International, LLC 4048S
Five Below Inc. 232V
Flaum Management Company Inc. / LLD Enterprises 5645R
Flock Safety 62PT
Florida International University 3456I
FlowRider 431V
Fortis Bank 3435H
Fortis Net Lease 3800, 3804
Franklin Street 4207Q
Freddy's Frozen Custard and Steakburgers 935V
Fujimi, Inc. 1041X, 1045X
Fyxt 2780L, 33PT
G.J. Grewe Brokerage and Development/RSolution 2307F
G4CM 550X
Gantry 3809
Gashapon- Bandai Namco Toys & Collectibles America
Inc. 852X
Gator Investments 3053J
Gazit Horizons, Inc. 2580L
GBT Realty Corporation 4730Q
GENDA Americas 3430H
Gibraltar Management Co., Inc. 4831Q
GK Development Inc. 5331Q
Glenwood 645X
Glimcher Group Inc. 5323Q
Global Guru LLC 5102P
GlobeSt. 3359J
Go4 Gold Inc 3107F
472
Goddard Systems, LLC 118U
Golden Corral 939W
Goodale and Barbieri Company 640W
Goodman Real Estate Services Group 4352S
Goodwill/Thrive Real Estate Group 520V
Gordon Brothers 4944R
GoTo Foods 532V
Graco Real Estate Development 4040R
Graham Corporation 4344R
Grant & Lewis 716U
Great Clips Inc. 5322Q
Green Team Worldwide Environmental Group 3372K
GreenLite 750X
Greystone Construction 3087L
GrowthFactor 1009U, 16PT
Gumption 3812
H Mart Inc 5144R
Hakimi Capital Group LLC 4454S
Halpern Enterprises, Inc. 5242R
Hamburg Place 4904P
Hanley Investment Group Real Estate Advisors 4054S
Hard Corner LLC 4656S
Hawkins Companies 5504P
HdL Companies 3347I
Heartland Dental, LLC 410U
Heidenberg Properties Group 2319G
Hendon Properties, LLC 2859J
Hendricks Commercial Properties 2964K
Henry ai 2784L
High Inspectations 2914G
Hilco Real Estate 2412F
Hill Partners, Inc. 2538I
473
Hilton 5306P
Hines 1700K
Holiday Light Installations 3352I
Hollandsworth Construction 843X
Horizon Group Properties, Inc. 2707F
Horvath & Tremblay 4245R
HTeaO 531V
Hubexo 910U
Hunington Construction 5157S
Hunington Properties Inc. 5146S
Hurst Euless Bedford (HEB) Economic Development
Foundation 4961S
Hutensky Capital Partners 2071J
HUTTON / ModWash 5248S
ICON International, Inc. 5257S
ID Plans 19PT, 3077K
Ignite Retail Partners 2211F
IHG Hotels & Resorts 5718P
Imaginuity 22PT
Impactplan Art Productions 3459I
Impruv Painting & Contracting 5211P
InConvenience Inc 3321H
Indie Signs 5816O
Inland Real Estate Group of Companies, Inc., The 2025G
Inno Partners 911U
InSite Real Estate 5232Q
Inspire Brands 332V
Institutional Property Advisors 4307Q
Integra Premier Construction 3387K
International Property Syndications, LTD c/o Triple Five Group of Companies 2607F
InvenTrust Properties Corp. 2325G
474
InvestNext MRC 205 - Second Floor
Meeting Room
Irvine Company 2651I
IVIS Security 1108U
J.C. BAR 5356S
Jack In The Box 5105P
Jamestown, as North American Properties 2632H
Jersey Mike's Franchise Systems 5849Q, 5850Q, 5855Q
JH Real Estate Partners, Inc. 4938R
Jiffy Lube 316U
JINUSHI USA INC. 3250I
JLL 2007G
JMP Holdings 2062J
Jollibee 1115U
Jones 3418F
Jordon Perlmutter & Co. 2666K
Kalibrate 31PT, 5512P
Kamin Realty 2887L
Kansas Commerce 5715P
Kassin Sabbagh Realty 2155I
Katz & Associates 4644R
Keen-Summit Capital Partners LLC 4658S
Kennedy Funding 3820
KennMar S209
Kentro Group 2932H
KeyBanc Capital Markets 3438H
Keynetics by SentriLock 3429H
Kidder Mathews 4544R
Kiddie Academy 322V
Kimco Realty 2941J
Kimley-Horn SMR222
Kin Properties 4930Q
Kinexio 59PT
475
King Energy 3255I
King Solarman Inc. 3320F
Kite Realty Group 2050I
KLNB 2287L
KOHAN RETAIL INVESTMENT GROUP 2715F
Kolena 718U
Konover South Development Corporation 4545R
Kossman Development Company 2515F
KPR Centers 1627M
KPS Commercial Construction 434W
KW Commercial 241X
KW Commercial South Bay - The David Yashar Team 5445S
L3 Capital 3161J
Lamar Advertising C201 -Meeting Room
Land and Parcel LLC 5236R
Land id 3017F
Landmark Property & Development LLC 2134H
Layne's Chicken Fingers 609U
Lease Admin - Powered By Retrack AI 45PT
Lee & Associates Commercial Real Estate Services 2147I
Legend Properties 5207P
Let's Pave | Let's Roof 5250S
Lev 3079K
Levin Management Corp. 2624G
Lewis Retail Centers 2258I
Lindner Properties / American Realty & Development /
Thessing Commercial Realty Meeting Room S214
Little Caesar Enterprises, Inc. 5519Q
Local Logic 60PT
LocateAI, Inc. 548X
LOCATION. Commercial Real Estate 5030Q
Lorain County Commissioners 3075K
Lormax Stern Development Company 4905P
476
Lowe's Companies, Inc. 5123Q
LQ Commercial 4356S
LRA Real Estate Group 5159S
M&J Wilkow LTD 3134H
M&M Realty Partners 2062J
Macerich 2965K
Madison Commercial Real Estate Services 1714M, SMR223
Mag Mile Capital 3801
Majestic Developers 3165K
Malachite Group 4447R
Maly Realty and TKG Meeting Room S216
Mapes Canopies 445X
Mapped 17PT
Marco's Franchising, LLC 321V
Marcus & Millichap 4307Q
MarketDial 32PT
Marriott International, Inc. 5710P
Mason Asset Management, Inc. 2468K
Matanky Realty Group 4330Q
Mathias Properties, Inc. 5044R
Matthews™ 2425G
Mattiace Properties Inc. 4731R
Maumelle Area Chamber of Commerce 463Y
Mavis Tire 938V
MCB Real Estate 2138I
McDonald's US Restaurant Development 5131Q
Meridian Capital Group 2043H
Merlone Geier Management Inc. S208
Mershops MRC 204 - Second Floor
Meeting Room
Metro Commercial Real Estate Inc. 2406F
Meyer C. Weiner Company 5201O
Midland Atlantic Properties 2131H
477
Midwood Investment & Development 3049J
Miller Capital Advisory, Inc. 2806F
Milrose Consultants, Inc. 447X
MIMCO, LLC 5006P
Miromar Development Corp 2473K
Mister Car Wash 5610P
MMTH 1048X
Momentum Realty Group 2938H
Monaire 3327H
Morguard Corporation 1701K
Morongo Band of Mission Indians 554Y
Moses Lake Chamber of Commerce 922U
Motus Power 3251I
MRI Software 23PT, 3420G
MRP Capital Group 4159S
Murphy USA 720V
Nairn Group 539W
NAMDAR REALTY GROUP 2468K
Nassimi Realty, LLC 4533Q
National Maintenance and Build Out Company 151Y
National Real Estate Tenants Assn 741W
National Realty & Development Corp. 2125G
National Rent-A-Fence 3370J
National Tax Group 3345H
Neighbor.com 2677L
Nestwise Solution 3249I
NETSTREIT SMR225
NetVendor, LLC 5752S
New America Network, Inc., A DL Corporation, DBA
"NAI GLOBAL" 4531Q
New England Development 2377K
Newmark 2663K
NewMark Merrill Companies, Inc. 5644R
478
NewQuest 4037R
Next Realty, LLC 2486L
NextSite 3325G
NNN REIT, Inc. 4854S
Northmarq 2053I
Northwest Retail Group 3025G
Novelty Lights 3329H
NTrust 47PT
O.V.P. Management, Inc. 3108F
OASE North America 3233H
Oberfeld Snowcap Inc. 1701K
Occuspace Inc. 18PT
O'Connor & Associates 3321G
O'Connor Property Management, LLC 2476K
Oklahoma City Chamber of Commerce 5314P
Olive & Cocoa 3450I
Ollie's Bargain Outlet, Inc. 340W
Omnilert 740W
Open Rewards 3457J
OPIS, A Dow Jones Company 3336H
OptiPave System 652Y
Orbital 6PT
Orion Real Estate Group 5120P
Otso 60PT
Outbidd 38PT
Oxford Properties Group 2606F
Pacific Retail Capital Partners 2467J
Palmer Capital, Inc. SMR224
Panda Restaurant Group 617V
Papa John's International 1016V
Pappas Investments 5614O
Paramount Realty SMR227
479
ParaSell, Inc. 5114P
Parcel Pending 3348I
ParGo AI, Inc. 3322F
Paris Baguette 4811P
Partners 4960S
Partnership for Economic Development 3373K
Pave America National Services 4253S
Peak Real Estate Partners 4915P
PEBB Enterprises 2724G
Pegnato Roof Intelligence Network 912V - G
Penn State University 3375K
Perform Properties 2051I
Permit Place 7PT
Peterson Companies 4031Q
Philips International 5522Q
Phillips Edison & Company 4131Q
Pickleball Smashit 453Y
PickleRage 142X
PigJet 21PT
Pilot Energy 840W
Pine Tree 2393L
Placer.ai 26PT, 3114G, 5330Q
Planet Air 914 U
Planet Fitness 131V
Pohl Jensen 5245R
PorterSIPs by Porter Corp 3265J
Potbelly Sandwich Works 608U
Powering America (NECA & IBEW) 5819O
Precisely Meeting Room S217
PredictAP 15PT
Preferred Growth Properties 2883L
PREIT 2363K
480
Premium Parking 3472K
Prestige Properties & Development Co., Inc. 2924G
Prime Net Lease 5239R
Primestor Development, Inc. 2436G
Primrose Schools 334V
Prince George's County Economic Dev. Corp. 3007F
Prismera 14PT
Pro Signs 353Y
Procore Technologies 53PT
Progressive Materials, LLC 5740R
Pulley 1117U, 57PT
PureGym 607U
Purple Plum Consulting, monday.com partner 42PT
PyxisLabs.ai 58PT
Qdoba Mexican Eats 1012V
Quantum Reality Capture (QRC) 3363J
Quick Quack Car Wash 440W
QuickChek @ Murphy USA 720V
QuikTrip Corporation 5431Q
Quine and Associates, Incorporated 4844R
Radial Power LLC 3424G
Raider Hill Advisors 2351I
Raise the Roof Logistics 3462J
Raising Cane's Chicken Fingers 108U
Rappaport 1526M
RARE Connection 139W
RCG Ventures LLC 2640I
RD Management LLC 4145R
RDG 5714O
REACH/Second Century Ventures 60PT
Read King 4350S
Real Dev Inc. 2PT, 4016Q
481
Real Estate Transition Trust (RETT™), a BrookHaven
Strategy 3296L
REALICE - INTERCOM Dr. Leitner S.r.l. 3466J
Realtors Property Resource, LLC 56PT
Realty Income Corp. 4645R
Realty ONE Group International 3380K
Realty Resources, Incorporated 2224G
RealtyLink LLC 4357S
RED Development 3035H
Red Facility Solutions 3432H
Red Mountain Group, Inc. 2031H
Redline Roofing & Coatings 3257I
Regency Centers 3160K
Regency Properties 4913P
Relay Human Cloud 3261J
Reliable Paving, Inc. 3447I
Reliable Properties 2876K
RentFlow 20PT
REsimplifi 51PT
RESOLUT RE - Plaza Properties, Inc. 4830Q
Restaurant Brands International Inc. 818V
RETAIL BROKERS NETWORK 1800M
Retail Lease Trac, Inc 5639R
Retail Planning & Sleiman 1826M
Retail Strategies/Retail Specialists 1038V
Rhino Investments Group 4859S
Rhino Realty Group, Inc 5656S
RIPCO Real Estate LLC 2940J
River Oaks Properties 2487L
Rivercrest Realty Investors 5304O
Riverside County Office of Economic Development 2459J
Rivian 137W
RJ Brunelli & Co 5008P
482
RKAA Architects, Inc. 5049S
Roam 2879L
Robert B. Aikens and Associates, LLC 2814G
RockStep Capital 4057S
Roof Technology Partners 3440H
Roofing Projects 3290K
Rooftop Solutions 475Y
Rosenshein Associates 5025Q
Royalty Roofing 3269J
RSD Construction 5613O
Rural King 4345R
Sage 2889L
Salem City, Utah 5607O
San Bernardino County Economic Development 140W
San Gabriel Valley Economic Partnership 3183L
Sands Investment Group 5052S
Sansome Pacific Properties, Inc. 5012P
Saul Centers, Inc. 2677K
Savers – GreenDrop 5214P
Schlosser Development 4057S
Schostak Brothers and Co., Inc. 2047I
Scooter's Coffee 406U
SDI Realty 4945R
SDX Studio LLC 3253J
Seguin Economic Development Corporation 951X
Select Strategies Realty MRC 203
Selig Enterprises, Inc. 4558S
Sentriforce 3389K
Servion Commercial Loan Resources 3817
Shea Properties 2686L
SHOP Companies 2977K
ShopOne Centers MRC101
483
Shopping Center Business Magazine/France Media, Inc 3354J Signs Unlimited 448X
SimonCRE 5030Q
Site Source Retail Broker Network 5630Q
SITE Technologies 39PT
Sites USA 5437R
Sitewise Analytics 5348S
SiteZeus 5251S
SJC Ventures 2833H
Skilken Gold 5045R
Skyline Seven Real Estate 5509O
Skyrock Capital 5549S
Slim Chickens 732V
Smalls Sliders 219V
Smartify Media 50PT
Smoothie King 719V
Soft Play 841X
Solutions Metrix 43PT
Sonny's The CarWash Factory 639W
Spacewise Technologies, Inc. 3PT
Spectrum Commercial Real Estate, Inc. 5821P
Speed Queen Laundry 5011P
SPERRY 2919G
Spinoso Real Estate Group 2629G
SpinXpress 346X
Spirit Halloween Superstores 132VV
Sport Clips, Inc. 422V
Springstead and Associates 5539R
SRS Real Estate Partners 4107Q
SS&C Technologies 3345I
St. Nick's Christmas Lighting 3229H
Starbucks Coffee Company 1138V
484
Stark Enterprises 1706L
Sterling Organization 2264J
Stern Risk Partners LLC 1008U
Stirling 1614M
STORE Capital 345X
StormTrap 3328H
Stratafolio 9PT
StreetLight 1005U
StreetScapes 3434H
STRIVE 1828M
SubContain 5204P
Summit Properties USA 2851I
Summit RE 2282L
Summit Realty Partners, Inc. 638W
Super Star Car Wash 641X
Superior Facility Service Group 3310F
SURMOUNT 5113P
SVN International Corp 815U
Swanson Companies 3248I
SWEATHOUZ 734V
SWTCH 11PT
Sytes 1109U
Tailored Brands 2462J
Tanger Inc. 2355I
Tango 647X
TCN Worldwide 2866K
TeamCalifornia 552X

TERRELL ECONOMIC DEVELOPMENT
CORPORATION 5614P
The Baldwin Group 2660J
The Big 4 1723M
The Boulder Group 2070J
The Broadbent Company 4331Q
485
The CCIM Institute 4514Q
The City of Center Point 3463J
The Cordish Companies 4729Q
The DESCO Group 5444R
The Feil Organization 4530Q
The Festival Companies 2614G
The Good Feet Store 145Y
The Harlem Irving Companies, Inc. 5021P
The Herring Group MRC103
The Home Depot Inc. 3043H
The Joint Chiropractic 255Y
The Krausz Companies LLC 4130Q
The Kroger Company 5050S
The Learning Experience 5620Q
The McGarey Group 2787L
The Pollard Group Ltd./Stone Real Estate 2586L
The RA-Lock Group 3334H
The Retail Coach, LLC 5344R
The Retail Connection 4300Q
The Sembler Company 5130Q
The Sports Facilities Companies 1037X
The Staenberg Group 2922G
The TJX Companies, Inc. 4601Q
The UPS Store 4908P
The Vireo Group 417U
The Wendy's Company 5511P
The Widewaters Group Inc. 5156S
The Woodmont Company 2210G
Thomas English Retail Real Estate, LLC 5234R
Tidal Wave Auto Spa 912V-C
Tommy's Express Car Wash 708U
Tower Patrol 3236H
486
Town of Firestone 5343R
Tractor Supply Company 5730Q
Trademark Property Company 2628H
Transwestern 2306F
Tri State Commercial Realty Services LLC 2146I
Tri-Cities, Washington 3338H
Tri-Land Properties, Inc. 1717M
Trimont 2681L
Trinity Real Estate Investment Services 5346S
Triple Net Financial 3813
Tropical Smoothie Café, LLC 833V
True Equity Group 346X
TSCG 4885P
Twin Rivers Capital, LLC 5252S
Twindo (formerly Canvas) 48PT
U.S. Bridge 5342R
Unframe 61PT
Unibail-Rodamco-Westfield 2407F
Unifix Technology 5612O
United Public Adjusters & Appraisers INC 2388L
University of Utah - Master of Real Estate Development 3185L UnrealCRM 5213P
Urban Edge Properties 2450I
UrbanMeritage, LLC and Grossman Development Corp. 2875K US Property Trust 2049I
VADA Vented Roofs VADA LLC 3076L
Valvoline 120V
Van Brunt & Company 355Y
VECKTA 24PT
Vendita CRE and Vendita.AI 4551S
Venture Commercial Real Estate, LLC 4844R
Venture Retail Partners 263Y
487
Vestar 2314G
Village of Calumet Park 3326H
Village of Matteson 3014F
Virtual Guard, Inc. 2587L
Visitt 12PT
Vizual Architecture 637W
Vox AI 36PT
VP Buildings 3402F
W. P. Carey 4438R
Walmart Inc. 4818Q
Washington D.C. Economic Partnership 2929H
Washington Prime Group MRC102
Waterstone Defeasance, LLC 3431H, 5032R
Weathermatic 3020G
Weitzman 2270J
Welco Realty, Inc. 2924G
Wertz Real Estate Investment Services 3802
West Bay Capital, LLC 3814
Western Colloid Roofing Systems 733V
Western Retail Advisors 2224G
Westland Real Estate Group 5336R
Westwood Financial 2567K
Wheeler Real Estate Investment Trust 2480K
Whitestone REIT 2823G
Wide Angle 2888L
Wilder 2119G
Willoughby Roofing & Sheet Metal, Inc. 3312F
Win Properties, Inc. 3356J
Wingstop 253Y
Wireless Telematics / WT Controls 1010U
WLS Lighting Systems 8PT, 912V - B
WMG Development 4752S
488
Wood Investments Companies, Inc. 3810
Woodbury Corporation 3025G
Woodcrest Capital 3371J
Woof Gang Bakery & Grooming 309U
Woolbright Development SMR226
WS Development SMR219
Wulfe & Co. 2281L
Wyndham Hotels & Resorts 1007U
X Team Retail Advisors 4743R, 4745R
Xpand, a Linville Team Partners Company 542X
Yardi 2315F, 40PT
Yisraelian Centers Group 3271K
Yum! Brands 5718Q
Zaremba Group, LLC 5357S
Zaxby's Franchising, LLC 5430Q
Zipline 4255S
ZOLTEK CRES 1112U
Zoneomics 13PT
ZTERS 3354I
489
490
491
492

GROUND-UP COMMUNITY SHOPPING CENTER
Atwell | Banning, CA NEC of Highland Springs Ave
and West Wilson Street
©2026 Regency Centers, L.P.

Oak Valley Village
Beaumont, CA
Village at Tustin Legacy
Tustin, CA
Atwell Planned Community
Banning, CA
493

GROUND-UP COMMUNITY SHOPPING CENTER
Atwell | Banning, CA NEC of Highland Springs Ave
and West Wilson Street
©2026 Regency Centers, L.P.

The Location
Embedded in the
West Banning Community
Situated along Banning’s Highland Springs corridor,
this retail opportunity offers strong visibility and daily neighborhood traffic in a proven growth area.

WHY THIS LOCATION?
• High-traffic visibility: Prominent NEC location at two major Banning arterials with strong daily traffic, high corner exposure, signage visibility from the I-10, and
direct access for both commuters and local residents.
• Fast‑growing residential market: Situated in the
Atwell master planned community, the surrounding
neighborhoods continue to expand, bringing a growing
base of full‑time residents and households that drive
consistent, daily demand
• Limited retail competition: The trade area lacks
differentiated and retail options, creating a clear
opportunity for a new anchor to capture unmet demand
and lead the center.

Banning 1-Miles 3-Miles 5-Miles 10-Minute
Drive Time
Population 12,298 61,658 92,595 67,421
Daytime Population 12,939 52,365 76,574 57,473
Average HH Income $115,006 $102,861 $106,496 $100,443
Average Home Value $544,889 $539,255 $561,085 $544,478

THE LOCATION THE LOCATION
494

GROUND-UP COMMUNITY SHOPPING CENTER
Atwell | Banning, CA NEC of Highland Springs Ave
and West Wilson Street
©2026 Regency Centers, L.P.

RETAIL COMPETITION
Banning
Sun Lakes Village
Stage Coach Plaza Marketplace Beaumont
Stoneridge Towne Centre
Yucaipa Valley
Retail Center
Moreno Beach Plaza
Oak Valley
Village
Atwell Master Plan
4,800 units
495

GROUND-UP COMMUNITY SHOPPING CENTER
Atwell | Banning, CA NEC of Highland Springs Ave
and West Wilson Street
©2026 Regency Centers, L.P.

INTERSECTION AERIAL
Atwell Master Plan
4,800 units
San Gorgonio
Memorial Hospital
I-10
23-Acres
496

GROUND-UP COMMUNITY SHOPPING CENTER
Atwell | Banning, CA NEC of Highland Springs Ave
and West Wilson Street
©2026 Regency Centers, L.P.

SITE PLAN
01 Scale
Job No.

Date
2025-0027
2026-01-06

PROPOSED SHOPPING CENTER
Banning, CA
Concept Site Plan Study
1’=100’
Option 5
N
0' 50' 100' 200'
GROCER
± 40,000 sf Shops 1
5,000 sf
P1
3,500 sf
P2
2,500 sf
Shops 5
6,500sf
Shops 3
7,500 sf
Shops 2
8,000 sf
Shops 4
7,500sf
MAJOR
±160,000 sf
Wilson Street
Proposed Traffi c light
Proposed Curb Cut
Highland Springs Avenue
Creekside Avenue
10’ x20’
stalls
9’x18’
stalls
±
Loading
Loading
Fuel
Canopy
Parking Space Required per city
Commerical / Retail Shopping Center 4 /1000
D/T Restaurant 10 /1000
Site ±23 ac
Building Area
M1 (Retail) 160,000 sf
M2 (Grocery) 40,000 sf
Shops 1 (Retail/Food) 5,000 sf
Shops 2 (Retail/Food) 8,000 sf
Shops 3 (Retail/Food) 7,500 sf
Shops 4 (Retail/Food) 7,500 sf
Shops 5 (Retail/Food) 6,500 sf
Pad 1 (D/T Food) 3,500 sf
Pad 2 (D/T Food) 2,500 sf
Gas Station
Total 240,500 sf
Parking Required
Retail (214,500 sf) 858 stalls
D/T, Food (26,000 sf) 260 stalls
Total Parking Required 1118 stalls

Parking Provided 1,164 stalls
Overall Parking Ratio 4.84 /1000
Project Summary - Option 5
497

GROUND-UP COMMUNITY SHOPPING CENTER
Atwell | Banning, CA NEC of Highland Springs Ave
and West Wilson Street
©2026 Regency Centers, L.P.

NtSiiiditd itd itdd
Interstate 10 - Aerial View / Location Plan
See Sheet
PR.1.1 See Sheet
PR.1.2
See Sheet
PR.2.2
See Sheet
PR.2.1 Interstate 10
Eastbound View
PROPOSED I-10 SIGNAGE
SHEET: PR.1.1
February 24, 2023
Interstate 10 - Initial Eastbound View
Overall Sign Height - 80’-0” maximum per City of Banning Sign Ordinance Overall Sign Width - 24’-0”
Sign Area Height - 55’-0”
Sign Area Width - 21’-9”
Allowable Sign Area - 1200 square feet maximum per City of Banning Sign Ordinance Future Tenant Sign Area
Future Tenant Sign Area
Future Tenant Sign Area
Future Tenant Sign Area
Future Tenant
Sign Area
Future Tenant
Sign Area
Future Tenant
Sign Area
Future Tenant
Sign Area
SHEET: PR.1.2
February 24, 2023
Gerald Stamm Design, LLC T 714.389.5208 ©2023

CITY OF BANNING - FREEWAY PYLON SIGN

PRELIMINARY DESIGN RENDERING
Interstate 10 - Full Eastbound View
Overall Sign Height - 80’-0” maximum per City of Banning Sign Ordinance Overall Sign Width - 24’-0”
Sign Area Height - 55’-0”
Sign Area Width - 21’-9”
Allowable Sign Area - 1200 square feet maximum per City of Banning Sign Ordinance Notes:

Sign views indicated are approximate and are intended to simulate potential sign viewing opportunities. Actual sign viewing opportunities will vary due to viewers traveling speed and concentration of traffic.

Pylon sign design shown is hypothetical and is intended to simulate potential scale and proportions only.

Gerald Stamm Design, LLC T 714.389.5208 ©2023

CITY OF BANNING - FREEWAY PYLON SIGN

PRELIMINARY DESIGN RENDERING
Interstate 10 - Initial Westbound View
Overall Sign Height - 80’-0” maximum per City of Ban
Overall Sign Width - 24’-0”
Sign Area Height - 55’-0”
Sign Area Width - 21’-9”
Allowable Sign Area - 1200 square feet maximum pe
Notes:

Sign views indicated are approximate and are intended to simulate potential sign viewing opportunities. Actual sign viewing opportunities will vary due to viewers traveling speed and concentration of traffic.

Pylon sign design shown is hypothetical and is intended to simulate potential scale and proportions only.

Future Tenant Sign Area
Future Tenant Sign Area
Future Tenant Sign Area
Future Tenant Sign Area
Future Tenant
Sign Area
Future Tenant
Sign Area
Future Tenant
Sign Area
Future Tenant
Sign Area
Gerald Stamm Design, LLC T 714.389.5208 ©2023

CITY OF BANNING - FREEWAY PYLON SIGN

PRELIMINARY DESIGN RENDERING
Interst
Overall S
Overall S
Sign Area
Sign Area
Allowabl
Notes:

Sign views indicated are approximate and are intended to simulate potential sign viewing opportunities. Actual sign viewing opportunities will vary due to viewers traveling speed and concentration of traffic.

Pylon sign design shown is hypothetical and is intended to simulate potential scale and proportions only.

PR.1.1 PR.1.2 PR.2.2 PR.2.1
498

GROUND-UP COMMUNITY SHOPPING CENTER
Atwell | Banning, CA NEC of Highland Springs Ave
and West Wilson Street
©2026 Regency Centers, L.P.

Chris Sanchez
VP, Market Officer
[email protected]
858 847 4631
Sophia Shaheen
Manager, Investments
[email protected]
213 553 2206
Oak Valley Village | Beaumont, CA
Bloom on Third | Los Angeles, CA
All material in this document is the property of Regency Centers and may not be copied, reproduced, published, displayed, modified, distributed, or used to create derivative works. Site plans and imagery contained herein are not a representation, warranty, or guarantee as to the size, location, or identity of any tenant, the suite number, address, or any other physical indicator or parameter of the property, and for use as approximated information only. The improvements are subject to changes, additions, and deletions, as the architect, landlord, or any governmental agency may direct or determine in their absolute discretion.

About
Regency
For over 60 years, Regency Centers® has owned, operated, and developed leading retail centers that are exceptionally merchandised and maintained. Our legacy of success is evidenced by 480+ thriving centers, 26 regional offices, and properties in most major U.S. markets.

We focus on Merchandising in order to find the right mix of the best operators and unique retailers to increase consumer interest.

We considerately incorporate Placemaking to create a more inviting environment to increase dwell time, shopper experience, and attract new shoppers to the location.

Finally, we make sure we are Connecting the centers with our communities by utilizing technology, sustainability, and targeted consumer engagement.
499

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Matthew Bassi, Interim Community Development Director Mary Yaryan, Senior Planner
MEETING DATE: June 9, 2026
SUBJECT: Public Hearing: Zoning Text Amendment No. 26-0001 (Accessory Dwelling Units/Junior Accessory Dwelling Units)
STAFF RECOMMENDATION:

The Planning Commission recommends the City Council take the following actions:

1. Determine that approval of Zoning Text Amendment 26-0001 is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and

2. Introduce and approve first reading of an Ordinance 1624.

BACKGROUND:

Project Summary:

The Planning Department is proposing a City-initiated Zoning Text Amendment (Case No. PZTA26- 0001) to repeal and replace Section 17.08.100 (Accessory Dwelling Unit Standards) of the Banning Municipal Code and amend related sections of Title 17 to ensure consistency with current State law governing accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). A copy of the proposed draft City Council Ordinance is attached for City Council consideration.

The proposed amendment has been reviewed by the California Department of Housing and Community Development (“HCD”) and reflects current State requirements, including ministerial approval procedures, objective development standards, revised processing timelines, updated occupancy, rental, and feerelated provisions, and revised definitions to clarify applicability in both single-family and multifamily contexts. The draft Ordinance also includes conforming amendments to related sections of Title 17 to eliminate internal conflicts, clarify that ADUs and JADUs are regulated pursuant to Section 17.08.100 and applicable State law, and update references to current Government Code sections governing ADUs and JADUs.

Related Actions:
• On December 5, 2025, the City of Banning received a letter of technical assistance from the California Department of Housing and Community Development (“HCD”) indicating that the City’s current ADU ordinance may be outdated and may not fully comply with current State law. • On March 4, 2026, the Planning Commission considered a discussion item concerning a City-initiated Zoning Text Amendment to repeal and replace Section 17.08.100 and amend related sections of Title 17 500
of the Banning Municipal Code pertaining to ADUs and JADUs and provided direction to staff. Staff, thereafter, revised the draft ordinance and related code amendments and scheduled the code amendment for a future Planning Commission meeting.
• Prior to the Planning Commission's formal review, the draft ordinance was transmitted to HCD for review and feedback in April 2026. HCD responded with several edits and changes (refer to Attachment D). Working with the City Attorney's office, staff revised the original draft ordinance based on HCD's input. The updated draft ordinance was presented to the Planning Commission at their May 6, 2026 meeting and reflected HCD's required changes.
• On May 6, 2026, the Planning Commission conducted a duly noticed public hearing on PZTA26-0001 and adopted Resolution No. 2026-01 (3-0 vote) recommending that the City Council approve the proposed Zoning Text Amendment. The Commission did not recommend any changes to the draft Ordinance but did ask Staff to prepare and provide an ADU compliance table for comparison purposes, as well as an ADU flyer for the general public's benefit. Those documents have been prepared and are provided in Attachments E and F.

JUSTIFICATION:

Existing Conditions:

The City’s current ADU and JADU regulations are codified in Section 17.08.100 of the Banning Municipal Code and were last comprehensively updated in 2020. Since that time, State ADU and JADU law has been amended multiple times. As a result, portions of the City’s current ordinance are outdated and may conflict with current State law related to ministerial processing, objective development standards, owneroccupancy, parking, fees, multifamily ADU allowances, and other statutory requirements.

In addition, related provisions in other sections of Title 17 may be interpreted to apply discretionary or subjective standards to ADUs and JADUs, which is inconsistent with the State’s ministerial review framework. Staff also revised the draft ordinance following HCD review to clarify definitions, including the addition of “Existing Primary Dwelling,” and to ensure the ordinance applies appropriately in both singlefamily and multifamily contexts where required by State law.

Proposed Zone Text Amendment:

The proposed Zoning Text Amendment, as outlined in the draft City Council Ordinance (Attachment A), is summarized below:
• Section 17.04.070 – Definitions:

Amended to update and clarify ADU- and JADU-related definitions, including “Accessory Dwelling Unit,” “Dwelling Unit, Accessory,” “Junior Accessory Dwelling Unit,” “Livable Space,” “Existing Primary Dwelling,” “Primary Unit or Dwelling,” and “Proposed Primary Dwelling.” These revisions are intended to ensure that terminology in Title 17 is consistent with the revised Section 17.08.100 and current State law, including clarifying that primary dwelling definitions apply in both single-family and multifamily contexts, and to eliminate outdated, duplicative, or potentially conflicting language. • Section 17.08.050 – Accessory Structures:

Amended to clarify that ADUs and JADUs are not regulated under the City’s general accessory structure standards. Instead, ADUs and JADUs are regulated solely under Section 17.08.100 and applicable State law. This amendment is intended to eliminate potential internal conflicts within Title 17 and clarify the applicable regulatory framework.
• Section 17.08.100 – Accessory Dwelling Unit Standards:

The existing ADU/JADU regulations in Section 17.08.100 would be repealed and replaced in its entirety.

The proposed replacement section establishes updated objective and ministerial standards for ADUs and JADUs consistent with current State law. The revised section includes updated provisions related to 501
purpose and intent, applicability, definitions, permitted unit types, processing procedures, completeness review requirements, approval timelines, appeal procedures, rental terms, occupancy and ownership, development standards, utility and fee requirements, and State law supremacy. The revised section also incorporates updates made in response to HCD comments, including clarification of mixed-use applicability, revised primary dwelling definitions, updated processing language, development standard exemptions required by State law, and corrections to State-law citations. This amendment is intended to ensure that the City’s ADU and JADU regulations are consistent with Chapter 13 of Division 1 of Title 7 of the Government Code (Government Code sections 66310 through 66342) and that local review is limited to standards authorized by State law.
• Section 17.08.250 – Single-Family Architecture:

Amended to clarify that ADUs and JADUs are not subject to discretionary architectural review or subjective compatibility determinations under the City’s single-family architecture provisions. The amendment further clarifies that ADUs and JADUs subject to the City’s local ADU ordinance may be subject only to objective standards authorized by State law and adopted in the Code, while units qualifying for ministerial approval under Government Code Section 66323 are not subject to local design or development standards except as expressly authorized by State law. This change is intended to ensure consistency with the ministerial review requirements applicable to ADUs and JADUs. • Section 17.12.190 – Multi-Family Architecture:

Amended in a similar manner to clarify that ADUs are not subject to discretionary architectural review or subjective compatibility findings under the City’s multi-family architecture provisions. The amendment further clarifies that ADUs subject to the City’s local ADU ordinance may be subject only to objective standards authorized by State law and adopted in the Code, while units qualifying for ministerial approval under Government Code Section 66323 are not subject to local design or development standards except as expressly authorized by State law. This amendment is intended to avoid conflicts between the City’s architectural design provisions and the State’s ministerial ADU framework.

Required Findings:

In accordance with Section 17.116.050 of the Banning Zoning Ordinance, the City Council, upon recommendation of the Planning Commission, in light of the whole record before it, including but not limited to the Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, finds and determines as follows:

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

Evidence: The residential goals of the General Plan encourage the preservation and enhancement of the City’s neighborhoods through a broad range of housing types to meet the needs of current and future residents. Residential Policy 1 provides for a range of housing densities while considering land use compatibility. Policy 6 of the Community Development Element recognizes the need for creative and flexible design standards for residential development, including clustered housing units. The proposed amendment supports these goals and policies by updating the City’s regulations for accessory dwelling units and junior accessory dwelling units to ensure consistency with State law and to facilitate additional residential housing opportunities. Accordingly, the proposed amendment is consistent with the General Plan.

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

Evidence: The proposed Zoning Text Amendment No. 2026-0001 is internally consistent with the Zoning Ordinance. The proposed amendment is consistent with the purpose and objective of the Zoning Ordinance (Title 17) to ensure orderly development of uses and lands within the city to protect the public health, safety, and welfare. With approval of the proposed Zoning Text Amendment, the amendment will be internally consistent with the Zoning Ordinance and California State law regarding ADUs and JADUs. 502
C. The City Council has independently reviewed and considered the requirements of the California Environmental Quality Act (“CEQA”).

Evidence: Approval of Zoning Text Amendment No. 2026-0001 is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h). Based on its independent review, the City Council, based on the Planning Commission’s recommendation, hereby finds that this statutory exemption from CEQA applies to approval of Zoning Text Amendment No. 26-0001.

CEQA/Environmental Determination:

The Planning Commission reviewed Staff’s determination at its May 6, 2026, meeting that approval of the proposed Zoning Text Amendment No. 2026-0001 is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h). These sections apply to the adoption of an ordinance related to Accessory Dwelling Units and Junior Accessory Dwelling Units to implement State law. Therefore, the City Council, in its independent judgment, has reviewed the Planning Commission’s recommendation and adopts this statutory CEQA exemption based on Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h).

Public Communication:

On May 29, 2026, a public hearing notice was published in the Record Gazette, a newspaper of general circulation within the City of Banning, notifying the general public that the subject Zoning Text Amendment (ZTA 26-0001) would be considered by the City Council at a public hearing on June 9, 2026.

As of the writing of this staff report, no public comments have been received either in support of or in opposition to the proposed Zoning Text Amendment.

FISCAL IMPACT:

N/A
ATTACHMENTS:

1. Attach A - Ordinance No. 1624 [ADU-JADU].docx

2. Attach B - Redline Version of the amended BMC Sections.pdf

3. Attach C - HCD Letter Dated December 5 2025.pdf

4. Attach D - HCD Review-Staff Edits [4-17-26].pdf

5. Attach E - ADU Compliance Table [Requested by PC].pdf

6. Attach F - ADU Flyer [5-7-26].pdf

7. column_affidavit_j6zvyrhk4u66q8nZg75k.pdf
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ATTACHMENT A
City Council Ordinance No. 1624
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ORDINANCE NO. 1624

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, DETERMINING THAT ZONING TEXT AMENDMENT NO. 2026-0001 IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINES SECTION 15282(H) AND APPROVING ZONING TEXT AMENDMENT 26-0001 TO AMEND SECTIONS 17.04.070 (DEFINITIONS), 17.08.050 (ACCESSORY STRUCTURES),

17.08.100 (ACCESSORY DWELLING UNIT STANDARDS), 17.08.250 (SINGLEFAMILY ARCHITECTURE), AND 17.12.190 (MULTI-FAMILY ARCHITECTURE) OF

THE BANNING MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, Section 17.116.010 ("Purpose") of the Banning Municipal Code ("BMC") provides that the City Council may amend the provisions of the Zoning Ordinance (BMC Title 17) for the public health, environmental protection, safety, general welfare, and the aesthetic harmony of the City; and
WHEREAS, BMC Section 17.116.020 further provides that amendments to the Zoning Ordinance may be proposed by the Community Development Director, the City Attorney, members of the Planning Commission or City Council, and any landowner or his or her agent; and
WHEREAS, Section 17.08.100 of the Banning Municipal Code currently regulates accessory dwelling units and junior accessory dwelling units; and WHEREAS, the California Department of Housing and Community Development ("HCD") issued a December 5, 2025 Letter of Technical Assistance advising that the City’s most recent ADU ordinance on file is from 2020 and may be outdated and out of compliance with State ADU Law due to numerous statutory changes since adoption; and WHEREAS, HCD recommended that the City repeal the outdated ordinance and adopt an amended, compliant ordinance in order to provide clarity to ADU applicants and ensure consistency with current State law; and
WHEREAS, the proposed amendment repeals, in its entirety, existing Section

17.08.100 and adopts a new Section 17.08.100 to implement Chapter 13 (commencing with Section 66310) of Division 1 of Title 7 of the Government Code, as amended, and to establish objective ministerial standards for accessory dwelling units and junior accessory dwelling units; and
WHEREAS, the new Section 17.08.100 includes provisions addressing purpose and intent, applicability, definitions, types of units allowed, process and review procedures, rental terms, occupancy and ownership, development standards, development standard exemptions, by-right permitting exemptions, utility and fee requirements and limitations, and State law supremacy; and 505
WHEREAS, the proposed amendment to Section 17.04.070 is limited to those definitions directly affected by the repeal and replacement of Section 17.08.100 and is intended to align accessory dwelling unit and junior accessory dwelling unit terminology with applicable State law; and
WHEREAS, the proposed amendment to Section 17.08.050 clarifies that accessory dwelling units and junior accessory dwelling units are regulated under Section

17.08.100 and applicable State law, and not under the general accessory structure standards; and
WHEREAS, the proposed amendments to Sections 17.08.250 and 17.12.190 clarify that accessory dwelling units and junior accessory dwelling units are subject to ministerial review under Section 17.08.100 and applicable State law and are not subject to discretionary architectural review or subjective compatibility findings to the extent prohibited by State law; and
WHEREAS, the proposed amendments update local regulations to address changes identified by HCD, including but not limited to the prohibition on deed restrictions for ADUs, the prohibition on third-party approval requirements such as HOA review, the prohibition on requiring parking for JADUs, revised JADU owner-occupancy rules tied to shared sanitation facilities, JADU rental terms longer than 30 days, 15-business-day completeness review requirements, written incompleteness notices, appeal procedures, revised impact fee limitations, and updated size and processing requirements under State law; and
WHEREAS, the City Council finds that the amendments set forth herein promote internal consistency within Title 17 and facilitate lawful implementation of State accessory dwelling unit requirements; and
WHEREAS, on March 4, 2026, the Planning Commission considered Discussion Item No. 5.1, a City-initiated Zoning Text Amendment (PZTA26-0001) to repeal and replace Section 17.08.100 (Accessory Dwelling Units) and amend related sections of Title 17 of the Banning Zoning Ordinance to ensure consistency with State law, and provided direction to staff regarding revisions prior to scheduling a duly noticed public hearing for consideration of and action by the City Council; and
WHEREAS, in accordance with BMC Chapter 17.116 (“Zoning Ordinance Amendments”), Section 17.116.030 and Government Code Sections 65090 and 65091, on April 24, 2026, the City gave public notice, by advertisement in the Record Gazette, a newspaper of general circulation within the City of Banning, of a public hearing at which the proposed Zoning Text Amendment would be considered by the Planning Commission; and
WHEREAS, on May 6, 2026, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, proposed Zoning Text Amendment No. PZTA26-0001, and, at the 506
conclusion of the public hearing, recommended that the City Council adopt the proposed ordinance by Planning Commission Resolution No. 2026-01; and WHEREAS, in accordance with BMC Chapter 17.116 ("Zoning Ordinance Amendments"), Section 17.116.040 and Government Code Section 65090, on May 29, 2026, the City gave public notice, by advertisement in the Record Gazette, a newspaper of general circulation within the City of Banning, of a public hearing at which the proposed Zoning Text Amendment would be considered by the City Council; and WHEREAS, on June 9, 2026, the City Council held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, proposed Zoning Text Amendment No. PZTA26-0001; and
WHEREAS, all other prerequisites to the adoption of this Ordinance have been satisfied.

NOW THERFORE BE IT ORDAINED by the City Council of the City of Banning, Riverside County, State of California as follows:

SECTION 1. CEQA DETERMINATION
The City Council of the City of Banning, based upon the recommendation of the Planning Commission and in accordance with BMC Section 17.116.050, finds as follows:

A. California Environmental Quality Act (CEQA). The Planning Commission has determined that the proposed Zoning Text Amendment No. 2026-0001 (the “Project”) is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which provide that the adoption of an ordinance by a city regarding accessory dwelling units and junior accessory dwelling units to implement State law is statutorily exempt from CEQA.

The City Council has independently reviewed the Planning Commission’s recommendation and staff’s determination of exemption from CEQA and based on its own independent judgment, determines that the Project is statutorily exempt from CEQA.

B. Multi-Species Habitat Conservation Plan (MSHCP). The proposed Zoning Text Amendment does not relate to any one physical project and is not subject to MSHCP.

SECTION 2. FINDINGS
In accordance with Section 17.116.050 of the Banning Zoning Ordinance, the City Council, upon recommendation of the Planning Commission, in light of the whole record before it, including but not limited to the Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other 507
evidence within the record or provided at the public hearing of this matter, finds and determines as follows:

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

Evidence: The residential goals of the General Plan encourage the preservation and enhancement of the City’s neighborhoods through a broad range of housing types to meet the needs of current and future residents. Residential Policy 1 provides for a range of housing densities while considering land use compatibility. Policy 6 of the Community Development Element recognizes the need for creative and flexible design standards for residential development, including clustered housing units. The proposed amendment supports these goals and policies by updating the City’s regulations for accessory dwelling units and junior accessory dwelling units to ensure consistency with State law and to facilitate additional residential housing opportunities. Accordingly, the proposed amendment is consistent with the General Plan.

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

Evidence: The proposed Zoning Text Amendment No. 2026-0001 is internally consistent with the Zoning Ordinance. The proposed amendment is consistent with the purpose and objective of the Zoning Ordinance (Title 17) to ensure orderly development of uses and lands within the city to protect the public health, safety, and welfare. With approval of the proposed Zoning Text Amendment, the amendment will be internally consistent with the Zoning Ordinance and California State law regarding ADUs and JADUs.

C. The City Council has independently reviewed and considered the requirements of the California Environmental Quality Act (“CEQA”).

Evidence: Approval of Zoning Text Amendment No. 2026-0001 is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h). Based on its independent review, the City Council, based on the Planning Commission’s recommendation, hereby finds that this statutory exemption from CEQA applies to approval of Zoning Text Amendment No. 26-0001.

SECTION 3. CODE AMENDMENT
Section 17.04.070 (“Definitions”) of the Banning Municipal Code is hereby amended to revise the following definitions as follows:

Accessory Dwelling Unit or ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and that is 508
located on the same lot as a proposed or existing primary dwelling. An accessory dwelling unit shall not be considered to exceed the allowable density for the lot and shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot. An accessory dwelling unit may include an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Accessory or Ancillary Use or Structure is a subordinate use or structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, which is located on the same lot as that of the principal structure or use. Accessory structures are not dwelling units and are not intended for independent living facilities.

Dwelling Unit, Accessory (Accessory Dwelling Unit/ADU) shall have the same meaning as “Accessory Dwelling Unit” above. Where inconsistent, the definition set forth in Government Code Section 66313 shall control.

Existing Primary Dwelling is a legally permitted and existing primary dwelling on a lot, including a single-family dwelling or a multifamily dwelling.

Junior Accessory Dwelling Unit or JADU is a unit that is no more than five hundred square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Livable space is a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

Primary Unit or dwelling is the principal proposed or existing residential dwelling on a lot and may consist of a single-family dwelling or a multifamily dwelling.

Proposed dwelling means the principal proposed or existing residential dwelling on a lot and may consist of a single-family dwelling or a multifamily dwelling.

Proposed primary dwelling is a proposed primary dwelling on a lot that is the subject of an active building permit application, or that has received building permit approval but has not yet received a certificate of occupancy and may consist of a single-family dwelling or a multifamily dwelling.

SECTION 4. CODE AMENDEMENT
Section 17.08.050 (“Accessory structures”) of the Banning Municipal Code is hereby amended to add the following:

This section applies to accessory structures that are not “accessory dwelling units” or “junior accessory dwelling units.” Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be regulated solely under Section 17.08.100 and applicable provisions of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing 509
with Section 66310). To the extent this section conflicts with State ADU/JADU law, State law controls.

SECTION 5. CODE AMENDEMENT
Section 17.08.100 (“Accessory dwelling unit standards”) of the Banning Municipal Code is hereby repealed in its entirety and replaced with a new section to read as follows:

17.08.100 Accessory dwelling unit standards.

A. Purpose and Intent. This Section implements Chapter 13 of Division I of Title 7 of the Government Code (Government Code sections 66310-66342), as amended, and establishes objective, ministerial standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). This Section shall be interpreted to provide the maximum allowance required by State law.

B. Applicability. This Section applies to ADUs and JADUs on lots with proposed or existing residential development were permitted by State law, including single-family and multifamily contexts as applicable.

1. ADU/JADU permit review shall be ministerial and non-discretionary. No conditional use permit, variance, public hearing, or other discretionary entitlement shall be required unless expressly authorized by State law.

2. No local standard, policy, condition, deed restriction, or third-party approval requirement may be imposed if prohibited by State law.

C. The definitions in this Article are intended to supplement Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310). If a conflict exists between this Article and Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310), State law shall control. Local definitions shall be interpreted in a manner consistent with Chapter 13 of Division 1 of Title 7 of the Government Code and shall not be applied to reduce rights provided by State law. For purposes of this Article:

1. “Accessory dwelling unit” or ADU is an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and that is located on the same lot as a proposed or existing primary dwelling. An accessory dwelling unit shall not be considered to exceed the allowable density for the lot and shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot. An accessory dwelling unit may include an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
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2. “Existing primary dwelling” is a legally permitted and existing primary dwelling unit on a lot, including a single-family or a multifamily dwelling.

3. “Junior Accessory Dwelling Unit” or JADU is a unit that is no more than five hundred square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

4. “Livable space” is a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

5. “Primary dwelling” is the principal proposed or existing residential dwelling on a lot and may consist of a single-family dwelling or a multifamily dwelling.

6. “Proposed dwelling” means the principal proposed or existing residential dwelling on a lot and may consist of a single-family dwelling or a multifamily dwelling.

7. “Proposed primary dwelling” is a proposed primary dwelling on a lot that is the subject of an active building permit application, or that has received building permit approval but has not yet received certificate of occupancy and may consist of a single-family dwelling or multifamily dwelling.

C. Types of Units Allowed.

1. Accessory Dwelling Units on Single-Family Lots. The following types of accessory dwelling units are authorized on a lot where allowed in compliance with Division II (Land Use Districts) of this Zoning Code. a. Attached Unit. An accessory dwelling unit that structurally abuts and is attached to an existing or proposed primary dwelling. An attached unit may be constructed on the side, top, or below the existing or proposed primary dwelling.

2. Detached Unit. An accessory dwelling unit that is physically separated from the existing or proposed primary dwelling. A detached accessory dwelling unit shall be deemed the primary dwelling if its floor area exceeds that of the existing primary dwelling.

3. Converted Existing Structure or Space. An accessory dwelling unit that is created from an existing space within an existing or proposed primary dwelling (e.g., basement, attic, attached garage, storage area, or similar area) or an existing space of an accessory structure (e.g., detached garage, shed, storage structure, or other similar existing accessory structure) on the same lot as the primary dwelling. This may include an existing primary dwelling that is converted to an accessory dwelling unit when a larger primary dwelling is established, though the converted dwelling shall still be limited in size to 1,200 square feet. 511

4. Junior Accessory Dwelling Unit on a Single-Family Lot. A junior accessory dwelling unit contained entirely within the walls of an existing or proposed singlefamily residence.

5. Multifamily Accessory Dwelling Unit. An accessory dwelling unit that may be allowed on a lot zoned for multifamily residence and is either attached, detached, or located within the portions of an existing multifamily dwelling that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, garages).

D. Process and Review Procedures.

1. Ministerial Review. A permit for an accessory dwelling unit or junior accessory dwelling unit is considered and approved ministerially, without discretionary review or hearing, notwithstanding the need for a variance or special use permit.

2. Processing Times. Within fifteen (15) business days after receipt of an application to create or convert an accessory dwelling unit or junior accessory dwelling unit, the Department shall determine whether the application is complete and provide written notice of that determination. If the Department determines that an application is incomplete, the written notice shall include a list of the incomplete items, and a description of how the application can be made complete. After an applicant resubmits materials to cure incompleteness, the Department shall determine completeness within fifteen (15) business days. In reviewing the resubmittal, the Department shall not require any item that was not identified in the prior incompleteness notice. If the Department does not make a timely completeness determination under this subsection, the application or resubmitted application shall be deemed complete for purposes of this Section.

The Department shall approve or deny a complete application within sixty (60) days of receipt of the complete application when there is an existing single-family or multifamily dwelling on the lot. If an ADU or JADU application is submitted concurrently with an application for a new primary dwelling or new multifamily dwelling on the same lot, the Department may delay approving or denying the ADU or JADU application until action is taken on the primary dwelling or multifamily dwelling application; however, review of the ADU or JADU application shall remain ministerial and non-discretionary. If the Department does not approve or deny a complete application within the applicable time period, the application shall be deemed approved, except to the extent State law provides otherwise. If the Department denies an application, it shall provide a written denial within the applicable time period, including a full list of defective or deficient items and a description of how the application may be remedied. The City shall provide a written appeal process for completeness determinations and denials. A final written appeal decision shall be issued within sixty (60) business days after receipt of a written appeal.
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a. Pre-Approved Plans. The Community Development Director or designee, in consultation with the Building Official, shall adopt and maintain a preapproved building plan for a detached accessory dwelling unit consistent with the current triennial California Building Standards Code rulemaking cycle.

The preapproved plan, along with the contact information of an applicant that obtained approval of an accessory dwelling unit using a pre-approved plan, shall be posted on the Department’s website in accordance with Section 65852.27 of the Government Code.
i. An application for a detached accessory dwelling unit that utilizes a preapproved plan adopted by the Community Development Director or designee within the current triennial California Building Standards Code rulemaking cycle, or a plan identical to a plan approved by the Community Development Director or designee within the current triennial California Building Standards Code rulemaking cycle, shall be ministerially approved or denied within thirty (30) days of the date the Department receives a complete application.
ii. An applicant shall pay the same permitting fees that the City charges an applicant seeking approval for the same-sized accessory dwelling unit when reviewing and approving the submission of a pre-approved accessory dwelling unit plan.

3. Nonconforming Conditions. The Department shall not require, as a condition of ministerial approval of an ADU or JADU permit, correction of nonconforming zoning conditions. The Department shall not deny an application due to correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU. Notwithstanding the foregoing, the Building Official may require correction of a condition, or deny the application, only upon a written determination, supported by substantial evidence in the record, that correction is necessary to comply with applicable health and safety standards, including but not limited to Health and Safety Code Section 17920.3, or that the condition is directly affected by the proposed ADU/JADU construction. Any such determination shall identify the specific code section(s), the condition creating the risk, and the minimum corrective action required.

4. Unpermitted Junior and Accessory Dwelling Units. The Department shall not deny a permit for an unpermitted ADU or JADU built on or before January 1, 2020, due solely to violations identified in Government Code Section 66311.7, subdivision (a). Notwithstanding the foregoing, the Department may deny the permit if it makes a finding that correction is necessary to comply with Health and Safety Code Section 17920.3. This subsection does not apply to a building deemed substandard pursuant to Health and Safety Code Section 513
17920.3. The City shall provide public information resources, including permit checklists and the City website, that include:
a. a checklist of conditions in Health and Safety Code Section 17920.3 that may deem a building substandard; and
b. notice that a homeowner may obtain a confidential third-party code inspection from a licensed contractor before submitting a permit application.

The City shall not penalize an applicant for having such unpermitted unit and shall approve permits necessary to correct noncompliance with health and safety standards.

5. Legal Nonconforming Accessory Dwelling Unit. The expansion of a legal nonconforming structure or use associated with an accessory dwelling unit shall be subject to the provisions of Division II (Land Use Districts) and Section 17.88 (Non-Conforming Structures and Non-Conforming Uses) of this Zoning Code.

6. Sewer. Subject to objective health and safety standards and applicable State law, written confirmation from the sewer district having jurisdiction of the availability of sewer service for the accessory dwelling unit or junior accessory dwelling unit, or written approval from Environmental Health Services for use on an existing or new septic system, shall be obtained prior to the issuance of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit. Holding tanks shall not be permitted for an accessory dwelling unit or junior accessory dwelling unit.

7. Water. Subject to objective health and safety standards and applicable State law, written confirmation from the water district having jurisdiction of the availability of water service for the accessory dwelling unit or junior accessory dwelling unit, or written approval from Environmental Health Services for use of an existing or new well, shall be obtained prior to the issuance of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit.

8. Fire and Life Safety. Accessory dwelling units and junior accessory dwelling units shall comply with applicable State law and applicable fire and life-safety requirements of the California Building Standards Code, as adopted by the City, except as otherwise provided by Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310).

9. Site Drainage and Access. Accessory dwelling units and junior accessory dwelling units shall comply with applicable objective requirements of this Code and other applicable law relating to site drainage and safe access.

10.Garage Demolitions. Review and issuance of a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed and 514
issued at the same time with the application for the creation of an accessory dwelling unit.

11.Flood Protection. An accessory dwelling unit or junior accessory dwelling unit located within a floodplain safety overlay shall comply with Chapter 82.14 (Floodplain Safety Overlay), including but not limited to elevating the lowest finished floor to the required elevation.

12.Local Building Code. Accessory dwelling units shall comply with applicable local building code requirements that apply to detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official makes a written finding, based on substantial evidence in the record, that the construction of the accessory dwelling unit would have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent the City from changing the occupancy code of a space that was uninhabitable or was permitted only for non-residential use and is subsequently converted to residential use, consistent with State law.

F. Rental Terms, Occupancy, and Ownership.

1. Rental Terms. An accessory dwelling unit and junior accessory dwelling unit may be rented separately from the primary dwelling or multifamily dwelling in all regions of the City, subject to the following criteria:
a. Except as provided by State law, an ADU may be rented separately from the primary dwelling. Any rental of a JADU, and any ADU approved pursuant to Government Code Section 66323, shall be for a term longer than thirty (30) days.

2. Occupancy. Owner occupancy shall not be required for an accessory dwelling unit. For a junior accessory dwelling unit, owner occupancy may be required only when the junior accessory dwelling unit shares sanitation facilities with the singlefamily residence in which it is permitted. The owner may reside in either the remaining portion of the single-family residence or the junior accessory dwelling unit. Owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is a governmental agency, land trust, or housing organization. A deed restriction shall be recorded with the County Recorder and shall run with the land for any junior accessory dwelling unit permit.

The deed restriction shall include all of the following:
a. A prohibition on sale of the junior accessory dwelling unit separate from sale of the single-family residence, including a statement that the deed restriction is enforceable against future purchasers.
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b. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this Article and Government Code Section 66333, as amended.

3. Separate Conveyance. Separate sale or conveyance of an ADU is prohibited except as authorized by Government Code Sections 66341 and 66342.

G. Development Standards (Objective Standards).

1. Except as otherwise provided in this Article, development standards for ADUs and JADUs shall comply with Table 17.08.100, this Section, and applicable State law.

2. Land Use Zoning District Regulations. ADUs and JADUs shall comply with the objective standards set forth in this Section. Underlying zoning district standards shall apply only to the extent they do not conflict with this Section or Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310). In the event of a conflict, the provisions of this Section and applicable State law shall control.

3. State-Mandated Minimum Development Envelope. Notwithstanding any other local development standard, the City shall not impose any limit on lot coverage, floor area ratio, open space, front setback, minimum lot size, size based on percentage of the primary dwelling, or other standard that would prohibit construction of an ADU with at least 800 square feet of interior livable space and side and rear setbacks of four feet, in compliance with otherwise applicable Stateauthorized standards.

Table 17.08.100
Accessory Dwelling Unit Development Standards
ADU Development Standards1
Unit Type Multifamily ADU ADU JADU
Lot Area Dimensions
Size:

Determined by the underlying zoning district
Width:

Depth:

Maximum Width/Depth
Ratio:

Density Per Lot2
Minimum: None None None
Maximum
(Attached)
Existing: Up to 25% of
multifamily units
2 units None
Proposed: 2 units
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Maximum
(Detached)
Existing:
8 units; Not to
exceed existing
primary unit count 2 units Not allowed
Proposed: 2 units
Maximum
(Conversion):

Up to 25% of
multifamily units3 2 units 1 unit
Unit Size4,5
Minimum: 200 square feet 200 square feet 150 square feet Maximum (Attached): 1,200 square feet6 1,200 square feet6 Not allowed Maximum (Detached): 1,200 square feet 1,200 square feet Not allowed Maximum (Conversion)7: None None 500 square feet
Setbacks8
Front: Per underlying
zone
Per underlying
zone Setbacks of the
existing structure
apply, subject to
State law
Side – Street Side: 4ft 4ft
Side – Interior: 4ft 4ft
Rear: 4ft 4ft
Detached Unit Separation: 5ft9 5ft9
Lot Coverage
Maximum Coverage: Determined by the underlying zoning district Building Height10
Maximum (Attached): 25ft 25ft 25ft
Maximum (Detached)11: 18ft 18ft N/A
Maximum (Conversion): None8
Parking and Loading
Requirements: Maximum one offstreet parking
space per ADU or
per bedroom,
whichever is less12
Maximum one offstreet parking
space per ADU or
per bedroom,
whichever is less12
None
Miscellaneous Requirements
Sanitation Facilities:13 An ADU must have its own sanitation facility. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. A JADU without a separate bathroom must include a separate entrance from the main entrance to the proposed JADU, with an interior entry to the main living area.

Unit Access: A separate exterior entrance from the primary dwelling is required.
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Kitchen: An ADU shall include a full kitchen that is separate from the primary dwelling. A JADU shall, at a minimum,
be permitted to include an efficiency kitchen which
shall contain a cooking facility with appliances and a food preparation counter with storage cabinets that are
reasonable in size in relation to the JADU.

Notes:
1 The standards set forth in this table shall not preclude the construction of an attached or detached ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3).

Front setback, lot coverage, floor area ratio, open space, and similar development standards shall be applied in a manner consistent with State law.
2 The maximum unit number is a total aggregate maximum regardless of type of ADU. 3 Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
4 Calculated based on livable space. The minimum unit size shall not prohibit the development of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code. 5 A junior accessory dwelling unit shall be contained entirely within a single-family dwelling and shall comply with Government Code section 66313, subdivision (d), and other applicable State law.
6 If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling and at no time exceed 1,200 square feet.
7 A converted ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions of an existing accessory structure when limited to accommodating ingress and egress, as authorized by Government Code section 66323, subdivision (a)(1)(A). A JADU shall remain limited to no more than 500 square feet of interior livable space and shall not be enlarged in a manner that alters the definition of a JADU under Government Code section 66313, subdivision (d).
8 No side or rear setback shall be required for an existing living area, existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, consistent with Government Code section 66314, subdivision (d)(7). Front setback requirements shall not preclude the construction of an ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3). ADUs qualifying under Government Code section 66323 shall be subject only to setback requirements expressly authorized by State law.
9 Notwithstanding the 5-foot minimum separation shown in this table, no minimum separation beyond applicable California Building Code, Fire Code, or Wildland-Urban Interface Code requirements shall be imposed on an ADU qualifying under Government Code section 66323. In addition, local minimum distance requirements shall not be applied in a manner that precludes the construction of an ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3). 518
10 Nothing in this note shall be interpreted to prohibit any ADU form required to be allowed under Government Code Section 66321, as amended.
11 An additional two feet in height may be allowed, provided that the roof of the ADU matches the roof pitch of the proposed or existing primary dwelling. 12 The spaces may be provided as tandem parking on a driveway and parking in setbacks are allowed as provided by Government Code Section 66314.
13 Where the property is less than 0.50 acres and not connected to the city sewer system, with an existing primary dwelling, an Advanced Treatment System designed to accommodate each additional dwelling is subject to approval by Environmental Health Services for the additional dwelling.

H. Development Standards Exemptions. An accessory dwelling unit and a junior accessory dwelling unit are exempt from the following standards:

1. Fire Sprinklers. Fire sprinklers shall not be required for an accessory dwelling unit or junior accessory dwelling unit if they are not required for the primary dwelling. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

2. Utility Connections. ADUs and JADUs shall be treated in accordance with Government Code Section 66311.5 and applicable fee law. An ADU or JADU shall not be considered a new residential use for utility connection or capacity charge purposes unless the unit is constructed with a new single-family dwelling. No impact fee shall be imposed on an ADU of 750 square feet or less of interior livable space, or on a JADU. Impact fees for ADUs larger than 750 square feet shall be proportional to the square footage of the primary dwelling. For ADUs/JADUs described in Government Code Section 66323(a)(1), the City and other applicable providers shall not require a new or separate utility connection or impose related connection or capacity charges, except as authorized by State law. For ADUs not described in Government Code Section 66323(a)(1), a separate connection may be required only as authorized by State law, and any charge shall be proportionate and not exceed the reasonable cost of service.

3. Parking. Parking for ADUs and JADUs shall be regulated as follows:
a. Parking for an ADU shall not exceed one off-street parking space per ADU or per bedroom, whichever is less, and may be provided as tandem parking or in setbacks as authorized by Government Code Section 66314, as amended. b. No parking shall be required for an ADU in any circumstance listed in Government Code Section 66322, as amended.
c. No replacement parking shall be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit.
519
d. No additional parking shall be required for a JADU.

4. Height Standards. (Gov. Code § 66321(b)(4))
a. Minimum heights permitted. The following minimum height allowances shall be permitted, as applicable:

1. Detached ADU (general): A height of at least sixteen (16) feet shall be permitted.

2. Detached ADU within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor: A height of at least eighteen (18) feet shall be permitted, plus up to an additional two (2) feet to accommodate a sloped roof pitch aligned with the primary dwelling.

3. Detached ADU on a lot with an existing or proposed multifamily, multistory dwelling: A height of at least eighteen (18) feet shall be permitted.

4. Attached ADU: A height of twenty-five (25) feet, or the height limit applicable to the primary dwelling in the underlying zone, whichever is lower; provided, however, that nothing in this section shall be interpreted to require allowance of an attached ADU exceeding two (2) stories. b. Height determination. For purposes of this section, building height shall be measured as the vertical distance from the average existing grade at the perimeter of the ADU building footprint to the highest point of the roof.

1. Average existing grade means the average of the highest and lowest points of existing grade measured at the exterior walls around the perimeter of the ADU footprint, prior to construction.

2. Sloped roofs: Height is measured to the highest point of the roof (ridge).

3. Flat roofs: Height is measured to the highest point of the roof surface, including any parapet.

4. Roof pitch aligned (objective standard): “Aligned with the primary dwelling” means the ADU roof slope matches the primary dwelling roof slope (same rise-over-run), and the additional two (2) feet allowance applies only where a sloped roof is provided.
c. Conflicts. If another provision of Title 17 establishes a lower height limit that would conflict with the minimum allowances in this subsection, this subsection shall control for ADUs/JADUs to the extent required by State law.
520

5. By-Right Permitting Exemptions. Notwithstanding any other provision of this Code, and consistent with Government Code Section 66323, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination thereof:
a. One ADU and one JADU per lot with a proposed or existing single-family dwelling, where all requirements of Government Code Section 66323(a)(1) are met.
b. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, with side and rear setbacks of no more than four feet, subject to the limitations authorized by Government Code Section 66323(a)(2).
c. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, as provided in Government Code Section 66323(a)(3).
d. Detached ADUs on lots with an existing or proposed multifamily dwelling, in the amounts and subject to the standards provided in Government Code Section 66323(a)(4).
e. The City shall not impose objective standards not authorized by Government Code Section 66323 on units qualifying under this subsection.

I. Severability and Conflict with State Law. If any provision of this Section, or its application to any person or circumstance, is held invalid, the remainder of this Section shall not be affected and shall continue in full force and effect to the fullest extent permitted by law. This Section shall be interpreted and applied to provide the maximum allowances required by Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310), as amended. Any conflicting local provision shall be superseded and inoperative to the extent of the conflict.

SECTION 6. CODE AMENDMENT
Section 17.08.250 (“Single-family architecture”) of the Banning Municipal Code is hereby amended to add Subsections K.1 and K.2 as follows:

K. Applicability to ADUs/JADUs.

1. ADUs and JADUs shall be reviewed and approved ministerially and are not subject to discretionary architectural review or subjective compatibility determinations under this section.
521

2. Accessory dwelling units and junior accessory dwelling units subject to Section

17.08.100 and Government Code Section 66314 shall be subject only to objective standards authorized by State law and adopted in this Code. Any accessory dwelling unit or junior accessory dwelling unit qualifying for ministerial approval under Government Code Section 66323 shall not be subject to local design or development standards except as expressly authorized by Government Code Section 66323.

SECTION 7. CODE AMENDMENT
Section 17.12.190 (“Multi-family architecture”) of the Banning Municipal Code is hereby amended to add Subsections M.1 and M.2 as follows:

M. Applicability to ADUs/JADUs.

1. Accessory dwelling units (ADUs) shall be reviewed and approved ministerially and shall not be subject to discretionary architectural review or subjective compatibility findings.

2. Accessory dwelling units subject to Section 17.08.100 and Government Code Section 66314 shall be subject only to objective standards authorized by State law and adopted in this Code. Any accessory dwelling unit qualifying for ministerial approval under Government Code Section 66323 shall not be subject to local design or development standards except as expressly authorized by Government Code Section 66323.

SECTION 8. EFFECTIVE DATE AND PUBLICATION
The Mayor shall sign, and the City Clerk shall certify to the passage of this Ordinance and cause the same, or a summary thereof, to be published within fifteen (15) days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days after adoption in accordance with Government Code Section 36937.

SECTION 9. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of 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 adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 10. PROSECUTION OF PRIOR ORDINANCE
Neither the adoption of this Ordinance nor the repeal or amendment of any prior ordinance of the City shall affect the prosecution of any violation of the Banning Municipal Code committed prior to the effective date of this Ordinance. 522
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Banning, California, approves an amendment to the City of Banning Municipal Code.

Introduced and Read for the first time and ordered posted at a regular meeting of the City Council of the City of Banning, California, held on the 9 th day of June 2026.

PASSED, APPROVED AND ADOPTED on this 9
th day of June 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk,
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy &
Pinkney,
LLP
523
CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance No. 1624 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 9th day of June 2026, and was duly adopted at a regular meeting of said City Council on the 14th day of July, 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
524

17.04.070 Definitions.

Except where specifically defined in this chapter, all words used in this title shall carry their customary meaning, as defined and explained in any current edition of Webster's Unabridged Dictionary. Where doubt exists concerning the dictionary definition, the Planning Commission will make the final decision.

Abutting (Adjacent) Two or more parcels sharing a common boundary of at least 1 point.

Abandoned Activity is a business or activity with no reported sales or business activity for a period of at least 180 days. Exceptions are temporary closures for repairs, alterations, or other similar situations.

Accent Paving is any concrete paving material texturized, colored or stamped to provide definition to an entry, intersection, roadway or driveway.

Access is the safe, adequate, and usable ingress or egress to a property or use. This also means access to public roadways and the road system.

Accessory Dwelling Unit or ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and meets all the development standards set forth in Section 17.08.100, including an efficiency unit, as defined in section 17.08.100(E)(5)(a), and a manufactured home, as defined in Health and Safety Code Section 18007. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and that is located on the same lot as a proposed or existing primary dwelling. An accessory dwelling unit shall not be considered to exceed the allowable density for the lot and shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot. An accessory dwelling unit may include an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Accessory or Ancillary Use or Structure is a detached, subordinate use or structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, which is located on the same lot as that of the principal structure or use., and which is not intended for human habitation. Accessory structures are not dwelling units and are not intended for independent living facilities.

Action is the decision made by the review authority on a land use application, including appropriate findings, environmental determination and conditions of approval, where applicable.

Adult-Entertainment Facilities are all of the uses and facilities enumerated in the Banning Municipal Code.

Affordable Housing Unit means a unit which contains a low income household as defined by the California Department of Housing and Community Development. In addition, the rent for this type of unit shall not exceed thirty percent of the gross income of the eligible low income household. 525

Agricultural Employee Housing is a residential occupancy of single or multiple dwelling units with individual, shared, or no kitchen facilities to provide housing for the employees and their families engaged in agricultural activities. Any employee housing which has qualified, or is intended to qualify, for a permit to operate pursuant to Section 17021.5 of the California Health and Safety Code providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation.

Agriculture is the use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities, including but not limited to storage, harvesting, feeding or maintenance of equipment excluding stockyards, slaughtering or commercial food processing.

Alley is a public or private way, at the rear or side of property, permanently reserved as an ancillary means of vehicular or pedestrian access to abutting properties.

Alteration is a change or rearrangement of the structural members or exits in a building; an increase in the height or length or depth of the exterior walls of a building; the movement of a structure from one location to another.

Animal Hospital is a place where animals or pets are given medical or surgical treatment and are boarded and cared for during the time of such treatment for remuneration.

Antenna is a device for transmitting or receiving radio, television, telephone or any other transmitted signal.

Apartment is a dwelling unit in a multi-family building.

Applicant is the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this zoning ordinance, or the agent(s) of such persons.

Attached is any structure that has an interior wall or roof in common with another structure.

Automobile Sales Lot is an open area used for display, sale and/or rental of new or used automobiles.

Automobile Service Station is an area which provides for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease racks, and motor vehicle repairs, excluding body and fender work, engine overhauling and replacement, transmission work and other similar activities.

Automobile Wrecking is the wrecking or dismantling of motor vehicles or trailers, or the storage of, sale of, or dumping of dismantled, partly dismantled, or wrecked motor vehicles or their parts.

Average Building Elevation is the average elevation of the highest and lowest vertical structures of a building or structure from finished grade.

Average Ground Elevation is the average elevation of the topography, prior to any development activity.

Average Lot Elevation is the average elevation of all corners of a lot as measured from natural or existing topography.

Average Parcel Width is the average of the distance measured along the front and rear property lines.

Average Slope is the average grade of a site within each land area representing a distinct topographic change.

Awning is a roof-like cover that is attached to and projects from the wall of a building for the purpose of shielding from the elements.

Basement is a story partly or completely underground. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one-half of its height above grade. 526

Bearing Capacity means the ability of a soil to support a structure, as measured in pounds per square foot.

Bed and Breakfast is a lodging establishment in which no more than ten rooms are provided to the general public for lodging on a transient basis, and which may provide meals to the extent otherwise permitted by law.

Berm is a mound or embankment of earth.

Block means a parcel of land surrounded by public streets, highways, creeks, streams, rivers or unsubdivided acreage or any combination thereof.

Boarding House is a dwelling unit, or part thereof, wherein a room or rooms, with or without individual or group cooking facilities, are rented, leased or subleased under two or more separate written or oral rental agreements, leases or subleases, whether or not the owner, agent or rental manager resides within the dwelling unit.

Body Piercing Studio means any business or premises dedicated to the piercing, puncture or perforation of human skin or tissue, or the insertion of jewelry or other objects into or under the skin or tissue, for decorative, nonmedical purposes; the term "body piercing studio" does not include businesses that offer ear-only piercing as a service that is secondary to other business services, or acupuncture clinics.

Bond See Performance Bond.

Building means any structure having a roof supported by columns or walls.

Buildable Area is the net portion of the lot remaining after deducting all required setbacks, slopes, and other sensitive areas from the gross area of the lot.

Building Coverage means the percentage of lot area which may be covered by all the footprints of buildings or structures on any lot.

Building Height is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade.

2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in item 1 above is more than ten feet above lowest grade.

3. The height of a stepped or terraced building is the maximum height of any segment of the building. 527

Building Site is the ground area of a building together with all open spaces and setbacks required by the zoning ordinance, regardless of whether the area comprises one lot, a combination of lots or combination of lots and fraction of lots.

Caliper shall mean the diameter of any tree trunk six inches above ground level.

Cannabis Commercial Indoor Cultivation means the indoor planting, growing, harvesting, drying, curing, grading, or trimming of one or more cannabis plants or any part thereof for commercial purposes. The canopy space within a Cannabis Commercial Indoor Cultivation facility shall not be less than 10,000 square feet nor exceed 22,000 square feet per Cannabis Conditional Use Permit holder, and shall be licensed by a state licensing authority.

Cannabis Distribution Facility means a facility that transports cannabis goods between state licensed cannabis retailers, cannabis manufacturing level 1 facilities, cannabis commercial indoor cultivation facilities, cannabis testing laboratories, and cannabis microbusiness.

Cannabis Manufacturing Level 1 means a commercial cannabis manufacturing facility where a State licensed cannabis manufacturer engages in the manufacture (compounding, blending, extracting, infusing, or otherwise making or preparing) of cannabis products using nonvolatile solvents, or no solvents.

Cannabis microbusiness means a commercial cannabis business that is comprised of at least three out of the following four uses on the same premises: (1) a cannabis retailer, (2) a cannabis manufacturing level 1 facility, (3) a cannabis cultivation facility (as that term is defined in 17.53.010) with canopy space of less than ten thousand square feet, and (4) a cannabis distribution facility.

Cannabis Personal Cultivation means the planting, growing, harvesting, drying, processing, or storage of one or more cannabis plants or any part thereof. Cannabis Personal Cultivation shall not exceed six cannabis plants per primary residence, and shall comply with the regulations set forth in Chapter 5.34.

Cannabis Retailer means a cannabis business that engages in the retail sale and delivery of cannabis or cannabis products to customers.

Cannabis Testing Laboratory means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state and is licensed by the Bureau of Cannabis Control.

Canopy space means a cultivation facility, manufacturing facility, or a testing laboratory facility.

Carport is a permanent roofed structure not completely enclosed, to be used for vehicle parking.

Certificate of Occupancy is that term as defined in the Uniform Building Code as adopted in Chapter 15.08 of the Banning Municipal Code.

Church means an establishment, the principal purpose of which is religious worship, and for which the principal building or other structure contains the sanctuary or principal place of worship, and which includes related accessory uses.

City means the City of Banning.

Clinic means a place for outpatient medical services to human patients.

Clubhouse is a building owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business.

Clustered Development is the grouping or attaching of buildings in such a manner as to achieve larger aggregations of open space than would normally be possible from lot by lot development at a given density. 528

Club is an association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.

Combination Residence/Commercial Use (Mixed Use) is a structure used for a residence and an office or retail use where no major external structural alteration or additions are made and no advertising is permitted except for up to a three square foot attached sign identifying the name of the occupant or business (see also Home Occupation).

Commercial Cannabis Activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or engaging in any other cannabis activity that requires a State license issued by a licensing authority.

Commercial Cargo/Storage Container is a portable shipping or cargo container made of metal that is used for the onsite storage of property, equipment, documents, or goods associated with the primary use contained in an enclosed building on the property, or construction site. A commercial cargo/shipping container is considered to be a maximum of eight feet wide, and extend to a maximum of fifty-three feet long.

Commercial Recreation Area and Use is an area and use operated for profit, with private facilities, equipment or services for recreational purposes, including swimming pools, bowling alleys, tennis courts, playgrounds, amusement facilities and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee.

Commission is the Planning Commission of the City of Banning.

Community Garden means an area of land used to grow and harvest food crops by individuals or collectively by members of a group for non-commercial purposes.

Community Recreation Area or Clubhouse is an area devoted to facilities and equipment for recreational purposes including swimming pools, tennis courts, playgrounds, community club houses and other similar uses maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified geographic area.

Compatible Uses are uses similar in physical characteristics (height, bulk, building style), but not necessarily identical, with a mass or scale that would not cause them to be inharmonious. They have characteristics that enhance adjacent uses and minimize external impacts on them through careful design, and are incorporated into a site with attention to significant natural features. They do not interfere with use of adjacent properties or cause nuisances.

Conditional Use Permit is a discretionary entitlement which may be granted under the provisions of this zoning ordinance and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement.

Condominium means a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a building on the parcel.

Congregate Care Facility (see Senior Congregate Care Housing) 529

Construction Commencement is the start of construction of substantial site and structural improvements after a building permit has been issued, subject to determination by the director.

Construction Sign is an informational sign which identifies the architect, engineer, contractor and any other individual or corporation involved with the construction of a building or use, and which remains on a building site only until a certificate of occupancy has been issued.

Contour Line means the interconnection of points having the same height above sea level.

Convenience Store means a general retail outlet offering a variety of grocery and general merchandise products and not exceeding two thousand five hundred square feet of gross floor area.

Corner Lot is a lot at the junction of and having frontage on two or more intersecting streets or roads.

Council is the city council of the City of Banning.

County is the County of Riverside.

Culvert is an open-ended cylindrical structure generally used for the conveyance of storm waters.

Day Care Center is a facility which provides nonresidential, nonmedical care to twelve or more children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. The definition of day care center includes infant centers, pre-schools, and extended day care facilities, but does not include day care homes.

Day Care Home is a single-family dwelling where an occupant of the residence provides nonresidential, nonmedical care to children that are under eighteen years of age and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four hour basis.

Day Care Home, Large is a day care home where care is provided to up to twelve children, or up to fourteen children if allowed by state law, and which is not a small day care home.

Day Care Home, Small is a day care home where care is provided to up to six children, or up to eight children if allowed by state law.

Days shall always be consecutive calendar days unless otherwise stated.

Dedication means the deliberate appropriation of land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted.

Density is the number of dwelling units per gross acre, unless otherwise stated, for residential uses.

Department means the Banning planning department.

Design includes the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; building and other such specific physical requirements.

Detached means any building or structure that does not have a wall or roof in common with any other building or structure.

Detention of Stormwater is the physical entrapment of water occurring as a result of precipitation and the mechanically controlled release of the entrapped waters into the public storm drainage systems or into a stream or other body of water.

Developed Single-Family Residential Lot shall mean a legally subdivided lot upon which a single-family habitable dwelling exists.
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Development means the placement or erection of any solid material or structure; grading, removing, dredging, mining or extraction of any soil or material; change in the density or intensity of use of land, including, but not limited to, subdivision, and any other division of land, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in the zoning ordinance, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Director means the director of the planning department, or his/her designee.

Distribution Lines are utility lines and related transformers that deliver electrical, natural gas, telephone or other utility from a distribution substation to points of use, such as homes and businesses.

Distribution Substation means a facility which transforms or lessens pressure of electrical, natural gas, telephone or other utility to a level suitable for points of use.

Domestic Animal is an animal which can be and is continually kept or raised in a home or on a farm.

Dormitory is a building owned or operated by a public or educational institution which provides private or semi-private sleeping quarters, common cooking facilities and common restrooms for its residents.

Drip irrigation is the slow application of water at the base of plants without watering the open space between plants.

Driveway is an area of a property designed to provide vehicular access to a parking area or structure contained on the subject property.

Duplex means a structure containing not more than two attached dwelling units.

Dwelling Unit is one or more rooms or structures providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking and sanitation, not including hotels or motels.

Dwelling Unit, Accessory (Accessory Dwelling Unit/ADU) shall have the same meaning as “Accessory Dwelling Unit” above. Where inconsistent, the definition set forth in Government Code Section 66313 shall control.means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

Dwelling Unit, Attached is a dwelling unit that has one or more walls in common with or attached to one or more other dwelling units or other uses.

Dwelling Unit, Multiple is a structure containing two or more dwelling units or a combination of two or more separate single-family dwelling units.

Easement is land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

Educational Institution is a school, college or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

Emergency Shelter means housing with minimal supportive services for homeless persons that limits occupancy to six months or less and that does not deny emergency shelter due to a person's inability to pay.

Equestrian means pertaining to horses and riders.
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Erosion and Deposition is the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water.

Established landscape means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

Excavate(tion) means the mechanical removal of soils and/or underlying strata.

Existing Primary Dwelling is a legally permitted and existing primary dwelling on a lot, including a singlefamily dwelling or a multifamily dwelling.

Family is a single housekeeping unit.

Fast Food Restaurant is an establishment which offers quick food service which is accomplished through a limited menu of easily produced items. Orders are not taken at the customer's table, and food is served in disposable wrappings or containers.

Fence is a man-made wall or barrier, or vegetation installed or planted for the purpose of enclosing space or separating parcels of land.

Fill Material is dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground.

Finished Grade is the final contour of the land surface prior to landscaping.

Fortune-Telling means the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, facility or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article, or substance, crystal gazing, oriental mysteries or magic, of any kind or nature.

Frontage is the side of a lot abutting a street (the front lot line), except the side of a corner lot.

Front wall means the nearest wall of a structure to the street upon which the structure faces, but excluding cornices, canopies, eaves, or any other architectural embellishments.

Front Yard See Yard, Front.

Fuel Service Station is an establishment which provides gasoline, diesel fuel, propane gas or similar fuel to the retail market.

Garage is an enclosed building, or a portion of an enclosed building used for the parking of vehicles.

Garden Apartments (Please see Apartments)
General Plan is the General Plan of the City of Banning.

Glare is the reflection of harsh, bright light, or "the physical effect resulting from high luminances or insufficiently shielded light sources in the field of view." Golf Course is a large tract of land laid out for golf.

Government Facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this Code.

Grade is the degree of rise or descent of a sloping surface (See Slope).

Gross Acreage is the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes. 532

Gross Floor Area is the total square footage of all floors in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Exterior areas may constitute gross floor area.

Ground Floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property.

Grubbing shall mean the act of removing vegetation by the roots.

Guest Houses are living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest or persons permanently employed on the premises.

Half Story is a story under a gable, hip or gambrel roof, parts of which are not more that two feet above the floor of such story.

Hazardous Waste is all dangerous waste material, including substances composed of radioactive and hazardous components regulated by the county, state or federal government.

Hazardous Waste Storage is the holding of hazardous waste for a temporary period.

Hazardous Waste Treatment means the physical, chemical, or biological processing of hazardous wastes to make such wastes non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amendable for storage, or reduced in volume.

Historic Landmark(s) is any structure or location over fifty years of age which meets the standards set forth in the city's General Plan and Municipal Code.

Home Occupation is an occupation, enterprise, activity, or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit, which is not an otherwise permitted use in the zone in which it is pursued, which will not occupy more than twenty-five percent of the residence in which it is to be located, and which:

1. Will require clients, students or customers to come onto the premises where the home occupation is located; or

2. Will require commercial deliveries to be made to or from such premises.

Hospital is an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities or training facilities.

Hotel means eleven or more guest rooms or suites occupied on a transient basis, with most rooms gaining access from an interior hallway.

Improvement is any structure or man-made feature.

Infill development means any development that occurs on up to four contiguous vacant lots scattered within areas that are already largely developed or urbanized. Generally, these sites are vacant because they were once considered of insufficient size for development, because an existing building located on the site was demolished or because there were other, more desirable sites for development.

Inn See Hotel.

Interior Lot (See Lot, Interior)
Junior Accessory Dwelling Unit or JADU is a unit that is no more than five hundred square feet in size, is contained entirely within a single-family residence, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure. of interior livable space in size and contained entirely within a single533

family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Junk and Salvage Facility means a primary or accessory use of structures and/or land for storage, dismantling and/or selling of cast-off, unused, scrap or salvage material of any sort.

Kennel is any lot where four or more dogs, cats, or other small animals over the age of four months are kept, whether such keeping is for profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale or hire.

Kitchen means any room, all or part of which is designated and/or used for storage, refrigeration, cooking and preparation of food.

Land Surface Modification is the clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of overhanging vegetation and fire hazards as specified in Title 8 of the Banning Municipal Code, shall not be deemed to be land surface modifications.

Landscaped area is the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas.

Landscaping is an area devoted to, or developed and maintained predominantly with native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas) and sculptural elements.

Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

Livable space is a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

Lot is a parcel, tract or area of land established by subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classification of lots are:

1. Corner: A lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five degrees. If the angle is greater than one hundred thirty-five degrees, the lot shall be considered an "interior lot."

2. Flag: A lot having access or an easement to a public or private street by a narrow, private right-of way or access easement.

3. Interior: A lot abutting only one street.

4. Key: A lot with a side line that abuts the rear line of any one or more adjoining lots.

5. Reverse Corner: A corner lot, the rear of which abuts the side of another lot.

6. Through: A lot having frontage on two generally parallel streets, with only one primary access. 534

Lot Area is the total horizontal area included within the boundary lines of a lot, exclusive of private and public streets, tidelands and shorelines.

Lot Coverage means the percentage of lot area which may be covered by any impervious surface, including structures, parking lots and storage areas.

Lot Depth is the average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line.

Lot Frontage is the portion of the lot contiguous to the street.

Lot Line means any boundary of a lot. The classifications of lot lines are:

1. Front: On an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, the lot line abutting the street providing the primary access to the lot.

2. Interior: Any lot line not abutting a street.

3. Rear: A lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of ten feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this zoning ordinance.

4. Side: Any lot line which not a front or rear lot line.

Lot Width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a midway point between the front and rear lot lines.

Low Income Household is a household whose total gross income is less than or equal to eighty percent of the median household income in Riverside County.

Manufactured Home is a dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process.

Manufacturing Facilities, Light are those uses conducted entirely within an enclosed building which do not emit fumes or odors, and do not use or produce any chemical, hazardous material, acid or similar product in their processes.

Manufacturing Facilities, Heavy are those uses conducted entirely within an enclosed building which may emit fumes or odors, or use any chemical, hazardous material, acid or similar product in their processes. Heavy 535

manufacturing facilities may also produce materials which require special permitting or handling, including hazardous materials.

Marijuana means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination.

Maximum Lot Coverage means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils.

Median is a paved or planted area separating a street or highway into two or more lanes of opposing directions of travel.

Mobile Home is a structure, transportable in one or more sections, which is thirty-two body-feet or more in length and is eight body-feet or more in width, and which is built on a permanent chassis, and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, air conditioning and electrical system contained therein. The term mobile home does not include a commercial coach, recreational vehicle, motor home, manufactured home, or modular home.

Mobile Home Park is a tract of land developed and operated as a unit with lots, roads, utilities, recreational areas and facilities to accommodate mobile homes as occupied residential dwellings.

Mobile Home Subdivision is a subdivision where the residents own the lot on which the unit is located, their mobile home unit, and an interest in any common areas, roads, utilities, recreational areas and facilities.

Mobile Vending Vehicle shall mean any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, prepackaged, or unprepared, unpackaged food of any kind on any public street, alley or highway or private street or alley within the city limits. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries. A human-powered cart for such vending also qualifies as a mobile vending vehicle.

Modular Homes are homes that are built off site but are built to the UBC standards rather than the Federal Manufactured Home Construction and Safety Standards.

Motel means guest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway.

Multi-Family Dwelling is a building containing two or more dwelling units.

Natural Features are physical characteristics of the subject property that are not man-made.

Net Site Area is the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated, sensitive areas, slopes and lands reserved for public use are deducted from such lot or parcel.

Nonconforming, Illegal means a structure, lot or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this zoning ordinance.

Nonconforming Lot is a lot, the area, frontage or dimensions of which conformed to applicable laws when created, but does not conform to provisions of this zoning ordinance. See Chapter 17.88, Nonconforming Structures and Uses, of this zoning ordinance.

Nonconforming Structure is a structure which conformed to applicable laws when constructed but does not conform to provisions of this zoning ordinance. See Chapter 17.88, Non-Conforming Structures and Uses, of this zoning ordinance.
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Nonconforming Use is a use complying with applicable laws when established but which does not conform to the provisions of this zoning ordinance.

Nonvolatile Solvent means any solvent used in the extraction process that is not a volatile solvent. For purposes of this Chapter only, nonvolatile solvents include carbon dioxide and ethanol.

Office is a place of employment providing services other than production, distribution or sale or repair of goods or commodities. The following is a non-exclusive list of office uses: medical, dental or other health care; veterinary, accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises, real estate, insurance, travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, loan companies and similar financial institutions.

Open Space includes undisturbed wilderness areas, parks, or that part of a development dedicated to undisturbed or landscaped area that is available for passive or active recreation.

Other Cannabis Uses means any location where commercial cannabis activity occurs that does not fall under the definition of Cannabis Commercial Indoor Cultivation, Cannabis Manufacturing Level 1, Cannabis Testing Laboratory, Cannabis Distribution Facility, Cannabis Microbusiness or Cannabis Personal Cultivation.

Outdoor Paging System is a permanently installed outdoor loudspeaker system capable of making announcements and/or playing recorded or live music.

Outdoor Storage means any material, including items for storage or sale, lease, processing and repair (including vehicles) not in an enclosed structure.

Owner means, in reference to property, the person listed at the county assessor's office as paying the property taxes on the subject property.

Parcel is a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single legal parcel.

Park is any public or private land available for recreational, educational, cultural, or aesthetic use.

Parking Area means any area designed and/or used for parking vehicles.

Parking Space is an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.

Performance Bond is a written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed; or any similar mechanism whereby the city has recourse to an identified fund from which to secure performance of specified work.

Person means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, State of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.

Permitted Use is any use allowed in a zoning district and subject to the provisions applicable to that district.

Planned Unit Development Permit (PUD) is a type of development characterized by comprehensive planning for the project as a whole, clustering of structures to preserve usable open space and other natural features, and a mixture of housing types within the prescribed densities of the zone.

Planning Department is the planning department of the City of Banning.

Planning Director is the director of the planning department of the City of Banning or his/her designee.

Planning Official is the director of the planning department or his/her designee. 537

Plot Plan means a detailed drawing of the total property described in an application, showing to scale the location of all present or proposed buildings and structures. The plan will also show the location of parking areas, number of stalls, access point(s) to city streets and landscaping proposed.

Primary Residence is the owner occupied structure on a legal lot which also contains an accessory dwelling unit.

Primary Unit or dwelling shall mean a single-family residential unit constructed and intended as the principal building on a lot. is the principal proposed or existing residential dwelling on a lot and may consist of a singlefamily dwelling or a multifamily dwelling.

Primary Vehicular Access means the major street from which the majority of vehicles enter the subject property.

Principal Use is the primary or predominant use of any lot, building or structure.

Property Line (See Lot Line)
Proposed dwelling means the principal proposed or existing residential dwelling on a lot and may consist of a single-family dwelling or a multifamily dwelling.

Proposed primary dwelling is a proposed primary dwelling on a lot that is the subject of an active building permit application, or that has received building permit approval but has not yet received a certificate of occupancy, and may consist of a single-family dwelling or a multifamily dwelling.

Public Access means a portion of private property subject to an easement giving the public the right to stand on or traverse this portion of the property.

Public Park is a park, playground, swimming pool, beach, pier, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state or other governmental entity.

Public Right-of-Way is a strip of land acquired by reservation, dedication, or other legal means and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.

Public Works Director means the director of the department of public works.

Quarry is a place where rock, ore, stone and similar materials are excavated, processed for sale or for off-site use.

Rear Yard (See Yard, Rear)
Recreational Vehicle means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or licensed for temporary living quarters for recreational sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles.

Recreational Vehicle Park means a tract of land developed or operated as a unit with roads, utilities and community facilities to accommodate recreational vehicles on a transient, space rental basis.

Recycling is the process by which waste products, including automobiles, are reduced to raw materials and transformed into new products.

Religious Institution means a structure which is used primarily for religious worship and related religious activities.

Replacement Cost is the current cost to reconstruct a structure or part of the structure in a manner similar to its previous condition.

Residential Care Facility is a building or group of buildings that provide temporary or permanent housing to children or individuals with a disability, as defined by state or federal law, where the residents do not live together 538

as a single housekeeping unit, and where every person residing in the facility (excluding the operator of the facility, the operator's family, and the facility's staff) is a child or an individual with a disability. A residential care facility shall not be considered a boarding house.

Residential Care Facility, Large is a residential care facility in which seven or more children or individuals with a disability reside, which is either licensed by the state or unlicensed and not required by law to be licensed by the state.

Residential Care Facility, Small, Licensed is a state-licensed residential care facility in which six or fewer children or individuals with a disability reside, and which is required by state law to be treated as a residential use of property for zoning purposes. Licensed small residential care facilities that are required by state law to be treated as a residential use of property include, without limitation: Intermediate care facilities for the developmentally disabled (Health and Safety Code Section 1267.8(c)); Congregate living health facilities (Health and Safety Code Sections 1267.8(c), 1267.16(a)); Residential community care facilities, including foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and transitional shelter care facilities (Health and Safety Code Sections 1502, 1566.3); Residential care facilities for persons with chronic life-threatening illness (Health and Safety Code Section 1568.0831); Residential care facilities for the elderly (Health and Safety Code Section 1569.85); Pediatric day health and respite care facilities (Health and Safety Code Section 1761.4).

Residential Care Facility, Small, Unlicensed is a residential care facility in which six or fewer children or individuals with a disability reside, and which is not licensed by the state and is not required by law to be licensed by the state.

Rest Home is a structure used for the housing of and assisted caring for the aged and infirm. There shall be only incidental convalescent care not involving either a nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities.

Restaurant means a use providing preparation and retail sale of food and beverages, including cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out, and similar uses, and may include licensed "on-site" provision of alcoholic beverage for consumption on the premises when accessory to such food service.

Restaurant, Drive-Thru means a use providing preparation and retail sale of food and/or beverages, as defined under "Restaurant" with the added provision of one or more drive thru lanes for the ordering and dispensing of food and beverages to patrons remaining in their vehicles.

Retail Establishment is a commercial enterprise which provides goods and/or services directly to the consumer, whose goods are available for immediate purchase and removal from the premises by the purchaser and/or whose services are traditionally not conducted within an office use.

Retention of Storm Water is the collection of water due to precipitation in a given area, and the dispersement of these waters through the natural process of groundwater recharge and evaporation or the incorporation of this collection area into a natural stream or other body of water.

Review Authority is the person, committee, commission or council responsible for the review and/or final action on a land use entitlement.

Right-of-Way is land dedicated primarily to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices.

Roofline is the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard.

Rounding of Quantities is the consideration of distances, unit density, density bonus, density transfer calculations, or other aspects of development or the physical environment expressed in numerical quantities which 539

are fractions of whole numbers. The numbers are to be rounded to the nearest highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is less than .5.

Runoff is the overland or subsurface flow of water.

Satellite Dish Antenna is an apparatus capable of receiving or transmitting communications to or from a satellite.

School means an institution of learning, whether public or private, which offers instruction in those courses of study required by the California Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, vocational or professional institution of higher education, including a community or junior college, college or university, or any special institution of education.

Second Dwelling Unit See, Dwelling Unit, Accessory.

Senior Citizen Household means a household which consists of people, all of whom are age fifty-five or older.

Senior Congregate Care Housing is a structure(s) providing residence for a group of senior citizens (fifty-five years of age or older) with central or private kitchen, dining, and recreational facilities with separate bedrooms and/or living quarters.

Setback means the minimum distance that a building or use must be removed from its lot lines.

Side Yard See Yard, Side.

Sidewalk/Parking Lot Sale is a promotional sales event conducted by one or more businesses which is held outside the confines of the commercial or manufacturing structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concreted area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s).

Sign is any communication device, structure, or fixture which is intended: to identify a building, use, business, or event, or to promote the sale of a product, goods, or service, using graphics, letters, figures, symbols, trademarks or written copy, and as further defined in this section. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs.

Silt or Sediment means the soil particles mobilized and deposited by the processes of erosion and deposition.

Single-Family Dwelling is a building containing one dwelling unit.

Single Housekeeping Unit is one or more individuals, whether related by blood, marriage, legal adoption or not, jointly occupying a dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the
unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

Single-Occupant Vehicle or SOV means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
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Single Room Occupancy Facility is a building or group of buildings with one or more guest rooms without kitchen and/or sanitary facilities in individual guest rooms, and which is also the primary residence of the guests.

Single Use Building is a building which contains only one use.

Site Plans are plans prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

Slope Percentage
=
Rise X 100 = %
Run
Slope Ratio = Run = (x) feet run to one foot rise = x:1 Rise
Grade 100% 50% 40% 33.3% 30% 25% 20% 15% 12% 10% 8% 6%
Degrees 45 26.6 21.8 18.4 16.7 14 11.3 8.5 6.8 5.7 4.6 3.4 Ratio 1:1 2:1 2.5:1 3:1 3.3:1 4:1 5:1 6.7:1 8.3:1 10:1 12.5:1 16.7:1 Small Animals are dogs, cats, birds, small exotic animals (snakes, tortoises, gerbils, mice, guinea pigs, etc.).

Smoking Lounge means any establishment or location that is dedicated, in whole or in part, to the smoking or use of tobacco cigarettes, cigars, chewing tobacco, and dipping tobacco, or other tobacco substances which under state law may only be legally sold to persons age eighteen and older. "Smoking lounges" include, without limitation, establishments referred to as cigar bars or loungers, hookah cafes, tobacco clubs or tobacco bars. A smoking lounge does not include grocery or convenience store establishments that sell tobacco products where (i) such tobacco products are not the establishment's primary merchandise, and (ii) the establishment has no area dedicated to the smoking or use of tobacco products.

Specific Plan is a complete development plan for the subject property which conforms to the requirements of Chapter 17.96 of this zoning ordinance.

Stable, Private is an accessory structure for the keeping of horses or ponies for the use of occupants of the premises.

Stable, Commercial is a facility for the keeping of horses or ponies for compensation.

Stock in trade for the purposes of this section shall mean all books, magazines, posters, pictures, periodicals or other printed material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

Storage is a space or place where goods, materials and/or personal property is put for more than twentyfour hours.

Storm Drainage is the movement of water, due to precipitation, either surficially or subsurficially.

Story is that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling above it. If the floor surface is on average not more than six feet above the finished grade, the area between the floor surface and the ceiling above is not a story.

Street is any public or private thoroughfare, which affords a primary means of access to abutting property.

Structural Alterations means any change in the supporting member of a building or structure. 541

Structure is anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Subject Property means the entire lot, series of lots or parcels on which a development or use is or will locate and that is otherwise subject to the provision of this Code.

Supportive Housing is housing occupied by a specified target population defined in Section 50675.14 of the California Health and Safety Code that has no limit on length of stay, and that is linked to onsite or offsite services that assist the resident in retaining the housing, improving his or her health status, maximizing his or her ability to live, and - when possible - work in the community. Supportive housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

Tattoo Studio means any business or premises dedicated to the act or process of marking or coloring the skin of any person by the insertion of pigment under or in the skin or by the production of scars. The term "tattoo studio" does not include businesses that offer permanent make-up as a service that is secondary to other business services.

Temporary Use is a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

Therapeutic Massage Establishment is a commercial establishment in which massage or other touching of the human body is provided for a fee.

Through Lot (See Lot, Through).

Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation.

Traffic Control Devices are signs, signals, stripes and other mechanical or graphic items which control the flow or direction of vehicular and pedestrian traffic.

Traffic Safety Sight Area is a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, that inhibit visibility and thus cause a hazard to traffic and pedestrian safety, are prohibited.

Trail is a beaten track typically used by pedestrians or equestrians for many years.

Transient Basis means a continuous period of twenty-nine days or less.

Transitional Housing is rental housing operated under program requirements that terminate assistance to residents and recirculate the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less that six months from the initial occupancy date of the recipient. Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

Transmission Line is a line that carries electrical power, natural gas, telephone or other utility service and delivers it to a distribution substation.

Travel Trailer (See Recreational Vehicle)
Tree means any self-supporting woody plant together with its root system, growing upon the earth usually with one trunk at least three inches in diameter at a height of four and one-half feet above the ground, or a multistemmed trunk system with a definitely formed crown.

Tree Removal is the actual removal or causing the effective removal through damaging, poisoning, or other direct or indirect actions resulting in the death of the tree.

Tree Worthy of Preservation is any tree with a diameter of six inches or more which is determined by the city to be unique by reason of age, size, rarity or status as a landmark or indigenous species specimen. 542

Uniform Building Code is the Uniform Building Code as amended and adopted in Chapter 6 of the Banning Municipal Code.

Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in Sections 9102 through 9105 this Ordinance is a separate use.

Utility means a private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to: electric power, telephone, cable television, gas and transportation for persons and freight.

Utility Facility is a physical improvement through which a utility supplies services, including but not limited to telephone transmission lines and substations, electrical transmission lines and substations, electric generating facilities, natural gas transmission lines and substations, cable related facilities, and storage or equipment yards for any utility. Distribution lines and administrative or customer service office facilities which do not include a utility facility are not included in this definition.

Variance is a discretionary entitlement which permits the departure from the strict application of the standards contained in this zoning ordinance.

Vehicle Storage Area means an outside area which is used for the storage of operational vehicles.

Vehicular Access Easement is a privately owned right-of-way.

View Corridor or Viewshed means an open area that provides an unobstructed view across the subject property.

Vista See View Corridor.

Volatile Solvent means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.

Wholesale Trade means a commercial establishment which sells to retail establishments.

Wild Animals are those animals not considered pets, cattle, equine or domestic, what normally occur in the wild.

Xeriscape or Xeriscaping is a landscaping technique which uses efficient design and irrigation as well as mulches, limited turf areas, improved soils, and drought tolerant or native plants to help conserve water.

Yard is an open space on a parcel of land unobstructed and unoccupied from the ground upward, except for projections permitted by this zoning ordinance.
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Yard, Front is an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front yard in residential zoning districts, while the longest street frontage shall be the front yard in commercial/industrial zoning districts.

Yard, Interior Side is an area extending from the required front yard or, where there is no required front yard, from the front lot line to the required rear yard or, where there is no required rear yard, to the rear lot line and from the interior side lot line to a setback line parallel thereto.

Yard, Rear means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto. On flat lots, the rear yard location shall be determined through project review.

Yard, Side of Street is an area extending from the required front yard or, where there is no required front yard, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.

Zero Lot Line means the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

Zoning District is a portion of the city within which certain uses of land and structures are defined, and regulations are specified.

Zoning Map means the map designated as such and adopted by the city showing the geographical location of use zones within the municipal boundaries.
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Created: 2025-12-03 13:27:52 [EST]
(Supp. No. 59, 9-25)

17.08.050 Accessory structures.

Accessory structures in residential zoning districts shall be compatible with the materials and architecture of the primary dwelling of the property. Accessory structures may only be constructed on a lot containing a main dwelling unit. Accessory structures may be built to within five feet of the interior side and rear property lines as long as these structures are not closer than ten feet to any other structure.

This section applies to accessory structures that are not “accessory dwelling units” or “junior accessory dwelling units.” Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be regulated solely under Section 17.08.100 and applicable provisions of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310). To the extent this section conflicts with State ADU/JADU law, State law controls.
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17.08.100 Accessory dwelling unit standards.

A. These standards are adopted pursuant to California Government Code sections 65852.2 and 65852.22. The purpose of these standards is to establish procedures and standards for the development of accessory dwelling units and junior accessory dwelling units in a manner that preserves the integrity of single-family and multi-family residential areas, avoids adverse impacts on such areas, and ensures a safe and attractive residential environment.

B. Building permit application required. Applicants for accessory dwelling units or junior accessory dwelling units shall submit an application for approval of a building permit and the applicable application fee, as established by resolution of the City Council.

C. Notwithstanding the provisions of ch. 17.112 of this title, a building permit application for an accessory dwelling unit or junior accessory dwelling unit shall be considered ministerially without discretionary review or hearing.

1. Existing single-family or multi-family dwelling on lot. If there is an existing single-family or multi-family dwelling unit on the lot on which the accessory dwelling unit or junior accessory dwelling unit is proposed, the building permit application for the accessory dwelling unit or junior accessory dwelling unit shall acted upon within sixty days after receiving a complete building permit application, unless the sixty-day period is tolled upon the applicant's request.

2. New single-family or multi-family dwelling on lot. If a building permit application for an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to construct a new single-family or multi-family dwelling on the lot, the building permit application for the accessory dwelling unit or junior accessory dwelling unit shall be acted upon after any permits required for the single-family or multi-family dwelling have been approved.

D. Notwithstanding the provisions of this section to the contrary, the City shall ministerially approve a building permit application within a residential or mixed-use zone to create any of the following:

1. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. For purposes of this section, the term "accessory structure" shall mean a structure that is accessory and incidental to a dwelling located on the same lot. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of Subsection (F) of this section and Government Code Section 65852.22.

2. One detached, new construction, accessory dwelling unit that does not exceed eight hundred square feet or sixteen feet in height and has at least four-foot side and rear yard setbacks on a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in Subsection (D)(1) of this section.

3. At least one accessory dwelling unit within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The applicant may 546

request and the City shall allow the number of accessory dwelling units that equal up to twenty-five percent of the number of multi-family dwelling units in the existing building.

4. Not more than two detached accessory dwelling units that are located on a lot that has an existing multifamily dwelling so long as the units do not exceed a height of sixteen feet and have at least four-foot rear and side yard setbacks.

E. Except for those accessory dwelling units approved pursuant to Subsection D of this section, the following standards shall apply to accessory dwelling units:

1. General plan designation and zoning classification consistency. An accessory dwelling unit shall be consistent with the General Plan designation and the zoning classification for the lot. For purposes of this Subsection (E)(1), an accessory dwelling unit that conforms to the provisions of this section shall be deemed to be consistent with the General Plan designation and the zoning classification for the lot.

2. Zone. The accessory dwelling unit shall be located or proposed to be located on a lot zoned to allow singlefamily or multi-family dwelling residential use.

3. Density. An accessory dwelling unit shall not exceed the allowable density for the lot upon which the accessory dwelling unit is located or proposed to be located. For purposes of this Subsection (E)(3), an accessory dwelling unit that conforms to the provisions of this section shall not be considered to exceed the allowable density for the lot upon which it is located or proposed to be located.

4. Lot location. The accessory dwelling unit shall either be attached to, or located within, the proposed or existing primary single-family or multi-family dwelling, including attached garages, storage areas, or similar uses, or an accessory structure, or detached from the proposed or existing primary single-family or multifamily dwelling and located on the same lot as the proposed or existing primary single-family or multi-family dwelling.

5. Floor area.
a. The minimum gross floor area of an accessory dwelling unit shall be no less than the size of a two hundred twenty square foot efficiency unit. For purposes of this Subsection (E)(5)(a), the term "efficiency unit" shall have the same meaning as defined in Health and Safety Code Section 17958.1. b. If there is an existing primary single-family or multi-family dwelling, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary single-family dwelling or twenty percent lot coverage of the lot on which the existing multi-family dwelling is located. c. The total floor area of a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

6. Lot coverage/floor area ratio. The total gross floor area of all covered structures, including an attached accessory dwelling unit, shall not exceed the lot coverage or floor area ratio as prescribed in the applicable zoning district, except that the lot coverage or floor area ratio prescribed in a particular zone shall not prohibit an accessory dwelling unit that is at least eight hundred square feet and sixteen feet tall, with fourfoot rear yard and side yard setbacks.

7. Setbacks.
a. No setback shall be required for an existing living area, existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. For purposes of this Subsection (E)(7)(a), the term "living area" shall mean the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. b. Any accessory dwelling unit that is not subject to Subsection (E)(7)(a) of this section shall be at least four feet from the side and rear lot lines.
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8. Height. Notwithstanding the maximum height requirements applicable to the zone in which the lot is located, the maximum height of an attached or detached accessory dwelling unit shall be sixteen feet.

9. Parking.
a. On-site Parking. Accessory dwelling units shall not be subject to the provisions of the Parking Standards set forth in Chapter 17.32 of this title.
b. Replacement of On-Site Parking Not Required. The City shall not require the replacement of on-site parking spaces lost when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit.

10. Local building code. Accessory dwelling units shall comply with building and fire code requirements that apply to detached dwellings, as applicable and set forth in the Building Ordinance of the City of Banning in Title 15, and the California Fire Code, as applicable and amended and codified in Chapter 8.16.

11. Fire sprinklers. An accessory dwelling unit shall not be required to provide fire sprinklers if sprinklers are not required for the primary single-family or multi-family residence.

12. Rental and conveyance. An accessory dwelling unit may be rented separate from the primary residence only for terms longer than thirty consecutive calendar days, but shall not be sold or otherwise conveyed separate from the primary residence.

13. Passageways. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For purposes of this section, the term "passageway" shall mean a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

F. The following standards shall apply to junior accessory dwelling units:

1. Number. The number of junior accessory dwelling units shall be limited to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

2. Zone. The junior accessory dwelling unit is located or proposed to be located on a lot zoned to allow singlefamily dwelling residential use.

3. Lot location. A permitted junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family residence.

4. Floor area. A junior accessory dwelling unit shall be a maximum of five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a junior accessory dwelling unit.

5. Access. A permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

6. Kitchen. The permitted junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7. Utilities. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

8. Owner-occupancy. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted, unless the property owner is another governmental agency, land trust, or housing organization. The property owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.
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9. Deed restriction. The property owner shall record a deed restriction, which shall run with the land, shall file the deed restriction with the City. The deed restriction shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

G. The following standards shall apply to accessory dwelling units described in Subsection (D) of this section:

1. The City shall not require, as a condition for ministerial approval of a building permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. For purposes of this Subsection (G)(1), the term "nonconforming zoning condition" shall mean a physical improvement on a property that does not conform with current zoning standards.

2. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.

3. A rental of an accessory dwelling unit created pursuant to Subsection (D) of this section shall be for a term longer than thirty consecutive days.

4. The City may require, as part of the building permit application to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

H. In accordance with the timelines provided in Subsection (C) of this section, the directory of community development, or designee, shall approve an application for an accessory dwelling unit or junior accessory dwelling unit upon payment of all required fees set forth in Subsection (I) of this section and if all of the following requirements are met: (1) the accessory dwelling unit or junior accessory dwelling unit is located on property that is zoned to allow single-family residential uses, multi-family residential uses, or mixed-uses, as applicable; (2) the accessory dwelling unit or junior accessory dwelling unit is located on property that includes an existing or proposed primary single-family or multi-family dwelling, as required; (3) the accessory dwelling unit or junior accessory dwelling unit satisfies all applicable standards set forth in Subsections (E), (F), and (G) of this section. For purposes of this section, the term "proposed primary single-family or multifamily dwelling" shall mean a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I. Fees and utility connections. Fees charged for accessory dwelling units and junior accessory dwelling units shall be determined in accordance with the provisions of Chapters 6 and 7 of the Mitigation Fee Act (Gov.

Code, § 66000 et seq.).

1. An accessory dwelling unit shall be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, only if the accessory dwelling unit is constructed in conjunction with a new single-family dwelling.

2. No impact fee shall be imposed upon the development of an accessory dwelling unit that is less than seven hundred fifty square feet. An accessory dwelling unit that is seven hundred fifty square feet or more shall be subject to impact fees in proportion to the square footage of the primary dwelling unit. For purposes of this Subsection (I)(2), the term "impact fee" shall have the same meaning as the term "fee" is defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. The term "Impact fee" does not include any connection fee or capacity charge charged by the City.

3. An accessory dwelling unit described in Subsection (D)(1) of this section shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
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4. An accessory dwelling unit not described in Subsection (D)(1) of this section shall install a new or separate utility connection directly between the accessory dwelling unit and the applicable utility purveyor. The Public Works Director shall determine the types and method of these connections. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

5. A junior accessory dwelling unit shall be subject to fees for inspection of the junior accessory dwelling unit to determine if the junior accessory dwelling unit complies with applicable building standards.

6. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power, including a connection fee.

J. Upon approval of an accessory dwelling unit or junior accessory dwelling unit on a lot, the lot shall not be further divided unless there is adequate area to divide the lot consistent with the general plan, zoning ordinance, the subdivision ordinance, and the Subdivision Map Act.

K. All construction, structural alterations, or additions made to create an accessory dwelling unit or junior accessory dwelling unit shall comply with current building, electrical, fire, and plumbing codes regulations that apply to detached dwellings, as applicable.

L. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail. (Zoning Ord. dated 1/31/06, § 9102.03(2)(F).)
(Ord. No. 1414, § 3(exh. A), 1-26-10; Ord. No. 1512, § 6, 10-10-17; Ord. No. 1559, § 6, 3-24-20) Editor's note(s)—Ord. No. 1512, § 6, adopted October 10, 2017, changed the title of § 17.08.100 from second unit standards, to read as herein set out.
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17.08.250 Single-family architecture.

The focus of development should be on the creation of high quality residential environments. Although there is no particular required architectural style for any of Banning's neighborhoods, architecture should be compatible with surrounding character including harmonious building style, form, size, color, materials, orientation, and roofline. Residences should be compatible with one another, but each should be unique in its own way.

A. Facade and Roof Articulation.

1. Long uninterrupted exterior walls should be avoided on all structures. All structure walls should have relief to create an interesting blend with landscaping, structures, shadows and light. The articulation of facades and the massing of structures tends to give them richness and scale.

Incorporation of varied texture, relief and design elements on building walls can soften the appearance of the residence.

2. For sloped roofs, both vertical and horizontal articulation is encouraged. Roof articulation may be achieved by changes in plane of at least two feet and six inches, and through the use of traditional elements such as gables, hips and dormers. Flat roofs are strongly discouraged, and Aframe type roofs are generally simpler and less articulated than what would be considered ideal.

B. Varied Structure Design. In tract developments, structures should be designed to create variety and interest. There should be a significant difference in the exterior finish, massing and composition, of adjacent houses. One design should not be repeated more often than every fourth house.

C. Attached Dwellings.

1. Single family attached dwellings should be designed in a way which projects an image of high quality customized homes. Preferred configurations include treatment as apparently large single family units, or as traditional row houses or town houses.

2. Features such as walls should be incorporated to lengthen the horizontal elements of elevations and to reduce the visual impact of garage doors.

3. Driveways should be grouped with a separate planting strip to provide maximum usable green space, lawn, and gardening areas.

4. Garages must be set back from the street sufficiently to allow driveway parking without the intrusion of cars into the sidewalk, thus blocking the way of cyclists or pedestrians. In addition, garages should have a single story appearance at the front of the building to allow a steppedback architectural transition for two story structures.

D. Scale. Building scale and form should relate to the use of the structure as a single family dwelling.

Structures should be built on a human scale, so as not to overwhelm or dominate the neighborhood, or the residents of the immediate dwelling or adjacent dwellings.

E. Finish Materials.

1. Materials to be avoided include metal or aluminum siding and roofs, reflective materials and finishes, and unfinished concrete block.

2. The use of different materials on different planes tends to make the materials appear substantial and integral. Material changes not accompanied by changes in plane also frequently give material an insubstantial or applied quality.

3. All structure elements should be architecturally treated. The proper choice and mix of materials on the facades of structures and garage doors, is instrumental in providing an attractive living environment. Materials should be consistently applied and should work harmoniously with adjacent materials. Piecemeal embellishment and frequent changes in materials should be avoided.
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F. Vents and Downspouts. Gutters, roof flashing, downspouts, vents and other roof features and protrusions should be finished to match the adjacent materials and/ or colors.

G. Equipment Screening. All heating and air conditioning equipment, pool equipment, etc., must be located in the side or year yard, and must be screened. The method of screening must be architecturally compatible in terms of materials, color, finish, shape and size. The screening design should blend wit the building design. Where individual equipment is provided, a continuous screen is desirable. Landscaping of sufficient density and height may be used for equipment screening.

H. Ancillary Structures. Ancillary structures such as guest houses, accessory dwelling units, barns, storage sheds, cabanas, and the like, should be designed to be architecturally compatible with the main structure through the use of walls, roofs, trellises, fences, wall connections, and/or landscaping.

I. Garage Doors. Garage doors provide a major visual element of a home. They should appear to be set into the walls, rather than flush with the exterior wall, and garage door design should be kept simple, clean, and unadorned.

J. Lighting Fixtures/Intensity. Strong and harsh lighting has been shown to be a major stressor to wildlife, places excess emphasis on a dwelling, eliminates night time views, and is intrusive to neighbors, and thus is strongly discouraged. All on site lighting shall be stationary, light source shall not be visible, carefully directed away from adjacent properties and public rights-of-way, and of no more than the intensity appropriate to the residential use of the property.

K. Applicability to ADUs/JADUs.

1. ADUs and JADUs shall be reviewed and approved ministerially and are not subject to discretionary architectural review or subjective compatibility determinations under this section.

2. Accessory dwelling units and junior accessory dwelling units subject to Section 17.08.100 and Government Code Section 66314 shall be subject only to objective standards authorized by State law and adopted in this Code. Any accessory dwelling unit or junior accessory dwelling unit qualifying for ministerial approval under Government Code Section 66323 shall not be subject to local design or development standards except as expressly authorized by Government Code Section 66323.
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17.12.190 Multi-family architecture.

The focus of multi-family residential development should be on the creation of high quality residential environments. Although there is no particular required architectural style for any of Banning's neighborhoods or zoning districts, architecture should be compatible with that of the surrounding residences and buildings.

Compatibility should include harmonious building style, as well as form, size, scale, color, height, materials, finish orientation, and roofline.

Multi-family residences should be compatible with one another, but each should be unique in some way.

Multi-family residences are often developed adjacent to single family neighborhoods, and measures should be taken to ensure that the height and bulk of higher density projects do not negatively impact these lower density residential areas. Multi-family architecture should create the appearance of individual units, and should use same the same quality of materials and treatments as single-family homes. Whenever possible, garages are encouraged over the use of carports.

A. Facade and Roof Articulation.

1. Long uninterrupted exterior walls should be avoided on all structures. All structure walls should have relief to create an interesting blend with landscaping, structures, shadows and light.

Extremely long structures are acceptable, if they are appropriately articulated. However structures exceeding 150 feet in length are discouraged.

2. Separations, changes in plane and height, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables mitigate the barracks like quality of flat wall and roofs of excessive length. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to segments of pitched roof applied at the structure's edge.

B. Scale.

1. Building scale and form should relate to the use of the structure as a multi-family dwelling.

Structures should be built on a human scale, so as not to overwhelm or dominate the neighborhood, or the residents of the immediate dwelling or adjacent dwellings.

2. As multi-family developments are usually taller than one story, their bulk can be imposing on surrounding uses and on single family homes. The scale of such projects should be moderated by the context of their surroundings.

C. Building/Finish Materials.

1. The building and its elements shall be unified in textures, colors, and materials to pro-vide an order and coherence within the project.

2. The composition of materials shall avoid giving the impression of thinness. Veneers should turn corners, avoiding exposed edges.

3. The use of artificial materials (e.g., imitation brick, stone, and other simulated materials) is not allowed.

4. Materials shall be very durable, require low maintenance, and relate a sense of permanence.

5. Frequent changes in materials shall be avoided.

6. Columns, trellises, porches, colonnades, and similar elements shall use materials and colors that are compatible with the adjacent building.

7. The use of wood fencing along a project boundary or adjacent to streets shall not be allowed.

D. Balconies, Porches, and Patios.
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1. The incorporation of balconies, porches, and patios (whether private or accessible to use by all residents) within multi-family structures is strongly encouraged for both practical and aesthetic value. These elements should be integrated to break up large wall masses, offset floor setbacks, and add human scale to structures.

E. Dwelling Unit Access.

1. The use of long, monotonous balconies and corridors providing access to five or more units should be avoided. Access points to units should be clustered in groups of four or less. The use of distinctive architectural elements and materials to denote prominent entrances is encouraged.

F. Exterior Stairs.

1. Stairways should be of smooth stucco, plaster or block, with accent trim of complimentary colors, stone or tile work.

G. Carports, Garages, and Accessory Structures.

1. Parking garages within multi-family residential structures should be enclosed behind garage doors. Carports, detached garages, and accessory structures should be designed as an integral part of the architecture of the projects.

2. Garages shall be designed similar in materials, color and detail to the principal structures of the development. Carports may utilize flat roofs but should not project above any exterior walls adjacent to streets.

3. Prefabricated metal carports may not be used. When garages are utilized, doors shall be recessed into walls, rather than flush with the exterior wall. Their design should be simple and unadorned, yet high quality materials should be used such.

H. Gutters and Downspouts.

1. Gutters, roof flashing, downspouts, vents and other such features and protrusions should be finished to match the adjacent materials and/or colors. Gutters and downspouts should be concealed unless they are designed as a continuous architectural feature.

2. Exposed gutters used as architectural features should be colored to match fascia or wall material.

Exposed downspouts should be colored to match the surface to which they are attached unless copper is used. Roof vents should be colored to match roofing materials or the dominant trim color of the structure.

J. Mechanical and Utility Equipment.

1. Utility meters and equipment must be placed in locations which are not exposed to view from the street or from the general grounds, and they must be suitably screened or hidden by bushes, hedges or other landscaping, while still remaining accessible.

2. All screening devices are to be compatible with the architecture and color of the adjacent structures. All mechanical equipment whether mounted on the roof or ground, must be screened from view.

K. Antennas.

1. All new units must be pre-wired to accommodate cable reception. All antennas should be placed in attics or building interiors.

2. Satellite antennas are specifically prohibited on roofs, and should be considered early in the design process in terms of location and any required screening.

L. Walls. Walls and fences are an important part of the streetscape and should be designed thoughtfully.

Walls and fences should have the following characteristics:
554

1. Both sides of all perimeter walls or fences should be architecturally treated.

2. Walls should be of smooth stucco finish, or of plaster or of other approved masonry or stonework. They should be designed in a style, materials and color to complement the adjacent dwelling units.

3. Chain link fences and barbed wire are not acceptable materials.

4. Wood, masonry, vinyl and adobe are acceptable fence/wall materials.

5. Decorative masonry walls, including, but not limited to, slump stone and split-face block can be used without a stucco or plaster finish, but must be architecturally treated and complement the adjacent dwelling units.

6. All property fencing must be compatible in design and of similar materials.

M. Applicability to ADUs/JADUs.

1. Accessory dwelling units (ADUs) shall be reviewed and approved ministerially and shall not be subject to discretionary architectural review or subjective compatibility findings.

2. Accessory dwelling units subject to Section 17.08.100 and Government Code Section 66314 shall be subject only to objective standards authorized by State law and adopted in this Code. Any accessory dwelling unit qualifying for ministerial approval under Government Code Section 66323 shall not be subject to local design or development standards except as expressly authorized by Government Code Section 66323. 555
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 5, 2025
Mark Staples
Planning Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Dear Mark Staples:

RE: City of Banning – Accessory Dwelling Unit (ADU) Ordinance Updates – Letter of Technical Assistance
The most recent ADU ordinance on file for the City with the California Department of Housing and Community Development (HCD) is from 2020. Given the numerous changes to State ADU Law since the adoption of the ordinance, the ordinance may be outdated and out of compliance with State ADU Law. If HCD’s records are incorrect, and a new ordinance has been adopted, please submit it to the ADU Portal for HCD’s review.

Below are the changes to State ADU Law that have occurred in recent years and may warrant an update to the City’s ADU ordinance:

Updates to the ADU Handbook (2025)
• Clarifies that ADU Law prohibits deed restrictions on ADUs. A deed restriction would be an “additional standard” and thus cannot be imposed on ADUs (Gov.

Code, § 66315).
• Clarifies that homeowners’ associations (HOAs), as a third party, cannot influence the approval of an application to create an ADU. Third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov.

Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or junior ADU (JADU) permit application (Gov. Code, § 66317, subd. (c)).
• Clarifies that a local agency may not require parking as a condition to permitting a JADU, even when the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).
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Mark Staples, Planning Manager

Changes to ADU Law in 2025:
• Specifies that if a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, owner-occupancy will not be required (Gov. Code, § 66333, subd. (b)).
• Require rental terms for JADUs for terms longer than 30 days (Gov. Code, § 66333, subd. (g)).
• Specifies that if a local agency fails to submit an adopted ADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs (Gov.

Code, § 66326, subd. (d)).
• Revises the definition of a “junior accessory dwelling unit” to require the size of a JADU to be no more than 500 square feet of interior livable space (Gov. Code, § 66313, subd. (d)).
• Revises the limitations on impact fees to, instead, prohibit impact fees upon the development of an ADU that has 750 square feet of interior livable space or less or a JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit (Gov. Code, § 66311.5, subds. (a) – (d)). • Requires a permitting agency to determine whether an application for an ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application (Gov.

Code, § 66317, subd. (a)(2)(A)).
• Requires the permitting agency to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice and authorizes the applicant to cure and address the application, as specified, if it is determined that an application is incomplete (Gov. Code, § 66317, subd. (a)(2)(B)).
• Requires the permitting agency to provide a process for the applicant to appeal a denied application, as provided, and requires the permitting agency to provide a final written determination by not later than 60 business days after receipt of the written appeal if a permit application is determined to be incomplete or is denied (Gov. Code, § 66317, subd. (d)(1)).
• Specifies that an ADU or JADU that contains less than 500 square feet of interior livable space does not increase assessable space. • Revises size limitations to be based on the square footage of interior living space of the ADU (Gov. Code, § 66321, subds. (b)(2)(A), (b)(2)(B), and (b)(3)). • Specifies the number of allowable ADUs per lot with a proposed or existing single-family dwelling (Gov. Code, § 66323, subd. (a).
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Mark Staples, Planning Manager

• Clarifies that fire sprinklers are not required for a JADU if the primary residence does not have fire sprinklers and that the addition of a JADU cannot trigger the requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)). • Adds section 66333.5, which specifies that if a local agency fails to submit an adopted JADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when processing applications for ADUs.
• Requires a local agency to issue a certificate of occupancy for an ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
• Creates an exception to areas that fall under the California Coastal Act by requiring a local government or the Coastal Commission, as specified, to either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (a).) • Specifies that no reimbursement is required for school service charges, fees, or assessments sufficient to pay for the program or level of service within the meaning of Government Code section 17556 (Gov. Code, § 66329). • Specifies that reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civil Code, § 714.3, subd. (b)).

Changes to ADU Law in 2024:
• SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws. • Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Gov.

Code, § 66332, subds. (a)-(c)).
• Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Provides that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code, § 66314, subd. (d)(11)).
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Mark Staples, Planning Manager

• Changes the allowable number of detached ADUs on a lot with an existing multifamily dwelling to eight detached ADUs, provided that the number of ADUs does not exceed the number of existing units on the lot (Gov. Code, § 66323, subd. (a)(4)(A)(ii)).
• Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a) (Gov. Code, § 66323, subd. (b)).

Changes to ADU Law in 2023:
• Sunsets a former prohibition on a local agency imposing an owner occupancy requirement on any ADU and instead prohibits a local agency from requiring owner occupancy for an ADU (Gov. Code, § 66315).
• Allows a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342).

Changes to ADU Law in 2021:
• Allows a local agency to permit the separate conveyance of ADUs from the primary dwelling under Government Code section 66341 in certain circumstances.

Changes to ADU Law in 2020:
• Requires that an application for the creation of an ADU or JADU is deemed approved (not just subject to ministerial approval) if the local agency has not approved or denied the completed application within 60 days (Gov. Code, § 66317, subd. (a)).
• Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met (Gov. Code, § 66323, subd. (a)(1)(A)). • Allows for rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents (Civ. Code, §§ 4740, subd. (a); 4741, subd. (a)). • Allows a homeowner to create “any of the following”: one converted or attached ADU; one detached, new construction ADU; and one JADU (Gov. Code, § 66323, subds. (a)(1)-(2)). More information can be found in HCD’s 2025 ADU Handbook.
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Mark Staples, Planning Manager

Changes to ADU Law in 2019:
• Prohibits a local agency from including requirements on minimum lot size in development standards for ADUs (Gov. Code, § 66314, subd. (b)(1)). • Allows a local agency to designate areas where ADUs may be located based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety (Gov. Code, § 66314, subd. (a)).
• Eliminates all owner occupancy requirements by a local agency for ADUs approved between January 1, 2020, and January 1, 2025 (Gov. Code, § 66315). • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build an ADU of up to 800 square feet (Gov. Code, § 66321, subds. (b)(2), (b)(3)).
• Prohibits a local agency from requiring replacement of off-street parking spaces for ADUs created through the conversion of a garage, carport, or covered parking structure (Gov. Code, § 66314, subd. (d)(11)).
• Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Gov. Code, §§ 66317, subd. (a); 66335, subd. (2)). • Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public (Gov. Code, § 66313, subd. (m)).
• Adds impact fee exemptions and limitations based on the size of the ADU.

ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees, but those fees must be proportional in size (by square foot) to fees charged for the primary dwelling unit (Gov. Code, § 66324, subd. (c)(1)).
• Defines of an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot (Gov. Code, § 66313, subd. (b)). • Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them (Gov. Code, § 66320).
• Allows for a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single-family residence (Gov.

Code, § 66333, subd. (d)).
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency (Gov. Code, § 66331; HSC, § 17980.12).
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Mark Staples, Planning Manager

• Makes covenants, conditions, and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use void and unenforceable (Civ. Code, § 4751)).

If an existing ADU ordinance fails to meet the requirements of State ADU Law, the ordinance is “null and void” and the local jurisdiction must apply the standards set forth in State ADU Law until it adopts an ordinance that complies with state law (Gov. Code, § 66316). HCD recommends that a local jurisdiction with a noncompliant ADU ordinance repeal the ordinance to provide clarity for ADU applicants who may otherwise rely on the outdated ordinance.

HCD requests a response by January 4, 2026 with either (1) a description of how the ADU ordinance continues to comply with State ADU Law despite the changes to the law, or (2) a plan and timeline to either repeal the current ordinance or adopt an amended, compliant ordinance and submit it to HCD for review.

If you have any questions or need additional information, please contact Tyler Galli at [email protected].

Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
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City of Banning’s Draft ADU Ordinance Preliminary Review Reviewed by Auzzie Sheard
IV Reviewed on 04/17/2026
City Response can be seen in red
The following comments provide a non-exhaustive list of conflicts between current State ADU Law and the City of Banning (City) Draft ADU Ordinance (Ordinance).

This preliminary review reflects findings that could potentially be included in an official findings letter if the City adopts the Ordinance without making amendments.

Areas of Concern:

1. Section 17.04.070 – JADU Definitions – The Ordinance states a Junior Accessory Dwelling Unit (JADU) is “a unit that is no more than five hundred (500) square feet of interior livable space in size, is contained entirely within a single-family residence, and may include separate sanitation facilities or may share sanitation facilities with the proposed or existing structure, consistent with State law and Section 17.08.100.” Later the Ordinance states a JADU is “a unit that is no more than five hundred square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the proposed or existing structure and shall comply with the requirements set forth in Section 66333 of the Government Code.” These definitions are somewhat duplicative. The City may consider consolidating these provisions to streamline the information and improve overall readability and clarity for the reader.

The Ordinance has been revised to consolidate and streamline the JADU definition language for consistency and clarity in both Section 17.04.070 and Section 17.08.100(C). The revised definition states that a JADU is a unit no more than five hundred square feet of interior livable space, contained entirely within a single-family residence, and that it may include separate sanitation facilities or may share sanitation facilities with the existing structure.

2. Section 17.04.070 – Primary Dwelling Definition – The Ordinance provides that a, “Primary Unit or dwelling is the single-family dwelling that serves as the primary residence for the lot. Proposed primary dwelling is a structure that is the subject of an active building permit application that meets the requirements for permitting a single-family residence or has received building permit approval but has not yet received an occupancy permit” (emphasis added). However, a primary dwelling or a proposed primary dwelling can also be a multifamily dwelling. Government Code sections 66314, subdivision (d)(2) and (3), as well as Government Code section 66323 subdivision (a) establishes that ADUs shall be allowed on lots is zoned to allow single-family 562
or multifamily dwelling residential use and includes a proposed or existing dwelling. The Ordinance must provide definitions for existing and proposed primary dwelling units that include multifamily dwellings.

The Ordinance has been revised to clarify that “Primary Dwelling,” “Existing Primary Dwelling,” and “Proposed Primary Dwelling” may consist of either a single-family dwelling or a multifamily dwelling, consistent with State law.

3. Sections 17.08.250 K.2. and 17.12.190 M.2. – Design Standards Applicable to ADUs/JADUs – The Ordinance states with regards to ‘single-family architecture’, “Any design standards applied to ADUs/JADUs must be objective, uniformly verifiable, and authorized by Government Code Chapter

13. 66323 Units shall not be subject to local design/development standards except as expressly authorized by Government Code Section 66323”. In addition, the Ordinance states with regards to ‘multi-family architecture’, “To the extent any standards in this section are applied to ADUs/JADUs, they shall be limited to objective standards that are authorized by Government Code Chapter 13 and that do not conflict with Government Code Sections 66314 and 66323.” However, an ADU seeking to be permitted under a local ADU ordinance must comply with the objective standards established via an ADU Ordinance adopted pursuant to Government Code section 66314.

Conversely, an ADU seeking a permit under Government Code section 66323 unit only needs to comply with the standards expressly authorized in that section. The Ordinance should provide a stronger distinction between the two ADU types. The City may also consider utilizing the same language for both 17.08.250.K.2 and 17.12.190.M.2 to improve overall clarity for the reader, except that the regulations for ‘multi-family architecture’ cannot include JADUs. State ADU Law does not allow the City to permit JADUs within existing or proposed multifamily dwellings.

The Ordinance has been revised to clarify that ADUs and JADUs subject to Section 17.08.100 and Government Code section 66314 are subject only to objective standards authorized by State law and adopted in the Code, while units qualifying under Government Code section 66323 are not subject to local design or development standards except as expressly authorized by State law. Section 17.12.190 was also revised so that the multifamily architecture provisions apply only to ADUs and do not include JADUs..

4. Section 17.08.100 Section 17.08.100 E. – ADUs on Mixed-Use Lots – The Ordinance, when establish objective standards, provides that, “This Section applies to ADUs and JADUs on lots with proposed or existing residential development where permitted by State law, including single-family and multifamily contexts as applicable.” In addition, Section 17.12.020 of the Banning municipal code prohibits ADUs in General Commercial (GC) zones even though “Mixed-use, residential/commercial” uses may be permitted.

These provisions and other provisions in the Ordinance do not clearly establish that ADUs may be created in mixed-use zones that allow for 563
residential use. However, Government Code section 66314, subdivision (d)(2) establishes that local ADU ordinances must provide for the creation of ADUs on lots “zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling,” which includes mixed-use zones.

Nothing in this finding precludes the City from designating areas within its jurisdiction where accessory dwelling units may be permitted, as authorized by Government Code Section 66314, subdivision (a).

The Ordinance has been revised to clarify that Section 17.08.100 applies to ADUs and JADUs on lots with proposed or existing residential development where permitted by State law, including single-family and multifamily contexts as applicable. This revision is intended to clarify applicability in mixed-use areas where residential use is allowed by State law.

5. Section 17.08.100 C.1.- – Allowable Density and General Plan Consistency – The Ordinance states, “For purposes of this Chapter: ‘Accessory dwelling unit’ is an attached or detached residential dwelling unit, not considered to exceed the allowable density of the parcel, that provides complete independent living facilities for one or more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the singlefamily or multifamily proposed or existing dwelling is situated.” Government Code section 66314, subdivision (c) also requires the Ordinance to “Provide that accessory dwelling units… are a residential use that is consistent with the existing general plan and zoning designation for the lot.” The Ordinance has been revised to state that an ADU shall not be considered to exceed the allowable density for the lot and shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot.

6. Section 17.08.100 C.2. and C.5. and C.6. – Primary Dwelling Definitions – The Ordinance states, “’Existing primary dwelling’ is a legally permitted and constructed primary single-family residence,” and “’primary dwelling’ is the single-family dwelling that serves as the primary residence for the lot,” and “’Proposed primary dwelling’ is a structure that is the subject of an active building permit application that meets the requirements for permitting a singlefamily residence or has received building permit approval but has not yet received an occupancy permit.” However, as noted in Finding 2, the Ordinance must provide definitions for existing and proposed primary dwelling that includes multifamily dwellings.

The Ordinance has been revised so that the definitions in Section

17.08.100(C) are consistent with the revised definitions in Section 17.04.070 and expressly include both single-family and multifamily dwellings.

7. Section 17.08.100 E. – Local Building Code – The Ordinance is missing a 564
required provision. Government Code section 66314, subdivision (d)(8) requires a local ADU Ordinance to establish that ADUs must comply with local building code requirements, except that ADUs shall not constitute a group R occupancy change, as specified.

The Ordinance has been revised to add a Local Building Code subsection providing that ADUs shall comply with applicable local building code requirements that apply to detached dwellings, and that construction of an ADU shall not constitute a Group R occupancy change except as authorized by State law.

8. Section 17.08.100 E.2. – Application Review Processes – The Ordinance states, “the Department may delay action on the ADU/JADU application until action is taken on the primary or multifamily dwelling application…” (emphasis added). However, the department must approve or deny the ADU application. Government code section 66317, subdivision (a)(3) specifies “the permitting agency may delay approving or denying the permit application for the accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling…” (emphasis added).

The Ordinance has been revised to clarify the completeness review, approval timelines, written denial requirements, appeal procedures, and pre-approved plan provisions. The processing language was also revised to address HCD’s comment regarding concurrent applications and the timing of approval or denial.

9. Table 17.08.100 – Maximum JADU Size – The Ordinance states, “Up to 150 square feet may be added to an ADU or JADUcreated by conversion to accommodate ingress and egress. (Gov. Code, § 66323(a)(1)(A).).” However, Government Code section 66323, subdivision (a)(1)(A) only provides for converted accessory structures to include 150 square feet additions for ingress and egress. While Government Code section 66339.5, subdivision (b) does allow the City “to adopt less restrictive requirements for the creation of” JADUs, allowing JADUs to include expansions for ingress and egress changes the definition of JADU as established in Government Code section 66313, subdivision (d). The Ordinance must ensure that its JADU regulations are not altering the definition of JADU.

The Ordinance has been revised to clarify that the 150-square-foot ingress/egress expansion applies only to converted ADUs as authorized by State law and does not apply in a manner that alters the statutory definition of a JADU.

10.Table 17.08.100 – Front Setbacks – The Ordinance establishes that ADUs shall have front setbacks that comply with the requirements of the underlying zone. However, Government Code section 66321, subdivision (b)(3) establishes that front setback requirements cannot preclude the creation of a 565
attached or detached ADU with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks. In addition, Government Code section 66323, subdivision (b), provides that a local agency “shall not impose any objective development or design standard that is not authorized by this section” on an ADU that meets the requirements of Government Code section 66323 subdivision (a). As a result, the City cannot impose local front setback requirements on ADUs that comply with section 66323. The Ordinance must include the exemptions discussed in this finding.

The Ordinance has been revised to clarify that front setback standards shall be applied in a manner consistent with State law and shall not preclude the construction of an ADU that must be allowed under Government Code sections 66321 and 66323.

11.Table 17.08.100 – Side and Rear Setbacks – The Ordinance establishes that ADUs shall have side and rear setbacks of no less than four feet. However, no setback shall be required for conversion ADUs. Government Code section 66314, subdivision (d)(7) states, “No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit”.

The Ordinance has been revised to clarify that no side or rear setback shall be required for an existing living area, existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or a portion of an ADU, consistent with State law.

12.Table 17.08.100 – Building Separation – The Ordinance establishes that detached ADUs shall have a building separation of no less than five feet.

However, Government Code section 66323, subdivision (b), provides that a local agency “shall not impose any objective development or design standard that is not authorized by this section” on an ADU that meets the requirements of Government Code section 66323 subdivision (a). As a result, for a detached ADU that complies with Government Code section 66323, the City cannot require a minimum separation from other structures on the lot that beyond what is required in the local Building or Fire Code. In addition, pursuant to Government Code section 66321, subdivision (b)(3), local minimum distance requirements shall not preclude the creation of a detached ADU with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks. The Ordinance must include the exemptions discussed in this finding.

The Ordinance has been revised to clarify that no minimum separation beyond applicable Building Code or Fire Code requirements shall be imposed on ADUs qualifying under Government Code section 66323, and that local 566
minimum distance requirements shall not be applied in a manner that would preclude an ADU required to be permitted by State law.

ADU Development Standards1
Unit Type Multifamily ADU ADU JADU
Lot Area Dimensions
Size:

Determined by the underlying zoning district
Width:

Depth:

Maximum Width/Depth
Ratio:

Density Per Lot2
Minimum: None None None
Maximum
(Attached)
Existing: Up to 25% of
multifamily units
2 units None
Proposed: 2 units
Maximum
(Detached)
Existing:
8 units; Not to
exceed existing
primary unit count 2 units Not allowed
Proposed: 2 units
Maximum
(Conversion):

Up to 25% of
multifamily units3 2 units 1 unit
Unit Size4,5
Minimum: 200 square feet 200 square feet 150 square feet Maximum (Attached): 1,200 square
feet6
1,200 square
feet6 Not allowed
Maximum (Detached): 1,200 square feet 1,200 square feet Not allowed Maximum (Conversion)7: None None 500 square feet
Setbacks8
Front: Per underlying
zone
Per underlying
zone
Setbacks of the
existing structure
apply, subject to
State law
Side – Street Side: 4ft 4ft
Side – Interior: 4ft 4ft
Rear: 4ft 4ft
Detached Unit
Separation: 5ft9 5ft9
Lot Coverage
Maximum Coverage: Determined by the underlying zoning district Building Height10
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Notes:
1 The standards set forth in this table shall not preclude the construction of an attached or detached ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3). Front setback, lot coverage, floor area ratio, open space, and similar development standards shall be applied in a manner consistent with State law. 2 The maximum unit number is a total aggregate maximum regardless of type of ADU. 3 Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
4 Calculated based on livable space. The minimum unit size shall not prohibit the development of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

Maximum (Attached): 25ft 25ft 25ft
Maximum (Detached)11: 18ft 18ft N/A
Maximum (Conversion): None8
Parking and Loading
Requirements: Maximum one offstreet parking
space per ADU or
per bedroom,
whichever is
less12
Maximum one offstreet parking
space per ADU or
per bedroom,
whichever is
less12
None
Miscellaneous Requirements
Sanitation Facilities:13 An ADU must have its own sanitation facility. A JADU may include separate sanitation facilities or may share
sanitation facilities with the existing structure. A JADU without a separate bathroom must include a separate
entrance from the main entrance to the proposed JADU,
with an interior entry to the main living area.

Unit Access: A separate exterior entrance from the primary dwelling is required.

Kitchen: An ADU shall include a full kitchen that is separate from the primary dwelling. A JADU shall, at a minimum, be
permitted to include an efficiency kitchen which shall
contain a cooking facility with appliances and a food
preparation counter with storage cabinets that are
reasonable in size in relation to the JADU.
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5 A junior accessory dwelling unit shall be contained entirely within a single-family dwelling and shall comply with Government Code section 66313, subdivision (d), and other applicable State law.
6 If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling and at no time exceed 1,200 square feet.
7 A converted ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions of an existing accessory structure when limited to accommodating ingress and egress, as authorized by Government Code section 66323, subdivision (a)(1)(A). A JADU shall remain limited to no more than 500 square feet of interior livable space and shall not be enlarged in a manner that alters the definition of a JADU under Government Code section 66313, subdivision (d). 8 No side or rear setback shall be required for an existing living area, existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, consistent with Government Code section 66314, subdivision (d)(7). Front setback requirements shall not preclude the construction of an ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3). ADUs qualifying under Government Code section 66323 shall be subject only to setback requirements expressly authorized by State law. 9 Notwithstanding the 5-foot minimum separation shown in this table, no minimum separation beyond applicable California Building Code, Fire Code, or Wildland-Urban Interface Code requirements shall be imposed on an ADU qualifying under Government Code section 66323. In addition, local minimum distance requirements shall not be applied in a manner that precludes the construction of an ADU with at least 800 square feet of interior livable space and four-foot side and rear yard setbacks, consistent with Government Code section 66321, subdivision (b)(3).
10 Nothing in this note shall be interpreted to prohibit any ADU form required to be allowed under Government Code Section 66321, as amended.
11 An additional two feet in height may be allowed, provided that the roof of the ADU matches the roof pitch of the proposed or existing primary dwelling. 12 The spaces may be provided as tandem parking on a driveway and parking in setbacks are allowed as provided by Government Code Section 66314. 13 Where the property is less than 0.50 acres and not connected to the city sewer system, with an existing primary residence, an Advanced Treatment System designed to accommodate each additional dwelling is subject to approval by Environmental Health Services for the additional dwelling.
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13.Section 17.08.100 H.1. – Fire Sprinklers – The Ordinance states, “Fire sprinklers shall not be required for an accessory dwelling unit and junior accessory dwelling unit if they are not required for the primary dwelling.” Government Code section 66314, subdivision (d)(12) requires the Ordinance to also provide that the “construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.”
The Ordinance has been revised to clarify that fire sprinklers shall not be required for an ADU or JADU if they are not required for the primary dwelling, and that the construction of an ADU shall not trigger a requirement to install fire sprinklers in the existing primary dwelling.

14.Section 17.08.100 H.3.C. – Replacement Parking – The Ordinance states, “No replacement parking shall be required when a garage, carport, covered parking structure, or uncovered parking space is demolished or converted in conjunction with an ADU.’ However, the Ordinance must specify that replacement parking shall not be required in conjunction with the construction of an ADU or conversion to an ADU, as described in Government Code section 66314, subdivision (d)(11).

The Ordinance has been revised to provide that no replacement parking shall be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU.

15.References to Government Code Chapter 13 – The Ordinance contains multiple references to Government Code Chapter 13. This reference is incomplete, as the Government Code contains multiple Divisions containing a different Chapter 13. It is technically Chapter 13 of Division 1 of Title 7 of the Government Code. The Ordinance must provide a correct reference to State ADU Law (Government Code sections 66310 - 66342) for the reader.

The Ordinance has been revised to update references to State ADU law to Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Section 66310), and to Government Code sections 66310 through 66342, as applicable.
570
Accessory Dwelling Unit Compliance
1 Topic Current BMC Language (as
provided)
Compliance Gap Required Change to BMC Authority
Statutory citations 17.08.100(A) cites former
65852.2/65852.22
Outdated
renumbering
Update all references to Gov.

Code Ch. 13 (66310–66342)
Gov. Code
Ch. 13
Ministerial framework Some ministerial language
exists, but mixed with local
standards and Directorspecific approval language
Risk of
discretionary
application
State clearly: ADU/JADU
review is ministerial, nondiscretionary by permitting
agency/designee
66316,
66317, 66335
15-business-day
completeness
Not fully codified in legacy
text
Missing required
procedure
Add full completeness/
resubmittal process: 15
business days, deficiency
list, no new items on
resubmittal, deemed
complete if missed deadline
66317(a)(2),
66335(a)(2)
60-day decision +
deemed approval
Partial 60-day language Missing complete
deemed-approved
framework/details
Codify 60-day approve/deny
timeline, tolling on applicant
delay, and deemed approval
if deadline missed
66317(a)(3),
66335(a)
Written denial
standard
General denial language
only
Missing statutory
specificity
Require written denial with
full list of defects + how to
remedy
66317(b),
66335(b)
Appeal process Not fully detailed Missing required
appeal timing
Add written appeal route and
final written appeal decision
within 60 business days
66317(d),
66335(e)
571
Accessory Dwelling Unit Compliance
2 ADU owneroccupancyPrior-era constraints may
linger
ADU owneroccupancy
generally prohibited
Explicitly prohibit ADU
owner-occupancy
requirement (except as state
law may expressly allow in
narrow contexts)
66315
JADU owneroccupancyCurrent code requires
broadly
Overbroad Require owner-occupancy
only if JADU shares
sanitation; no owneroccupancy if separate
sanitation or qualified owner
entity
66333(b)
Deed restrictions
(ADU)
Not clearly barred HCD flags this as
unlawful
Add express statement: no
deed restrictions on ADUs as
an added local standard
HCD 2025
guidance /
66315
Deed restrictions
(JADU)
Present Must match statute Keep, but limit to JADU deed restriction content required
by law
§66333(c)
JADU size terminology “500 sq ft” but older
wording in places
Must use interior
livable space
Revise to “no more than 500
sq ft of interior livable space”
66313(d)
ADU/JADU impact
fees
ADU 750 sf threshold
present, JADU treatment
incomplete
Must include JADU
threshold and
livable-space
phrasing
No impact fee: ADU ≤750 sf
interior livable space; JADU
≤500 sf interior livable space;
proportional above threshold
66311.5(c)
572
Accessory Dwelling Unit Compliance
3 Utility
connections/capacity
charges
Partially addressed Must track
§66311.5(d)-(e)
exactly
For 66323(a)(1) units: no
new/separate connection or
related fee (except statutory
exceptions); others only
proportionate reasonable
charges
66311.5(d)-
(e)
Parking for JADU Not always explicit JADU parking
cannot be required
Add explicit prohibition on
parking requirement for
JADUs
66334(a)
Parking exemptions
for ADU
Partially included Must match all
state no-parking
cases
Add full no-parking list,
including transit, historic
district, conversions, permitzone no permits, car-share, concurrent new dwelling
scenario
66322
Replacement parking Covered for some cases Must include uncovered spaces
too
State no replacement
parking when
garage/carport/covered or
uncovered space is
demolished/converted with
ADU
66314(d)(11)
Height standards 16-foot cap in existing

17.08.100(E)(8)
Under-allows state
minimums
Replace with state minimum
allowances: 16/18(+2 roof
pitch)/25 attached, as
applicable
66321(b)(4)
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Accessory Dwelling Unit Compliance
4 Size/coverage/FAR
constraints
Percent-based and lotcoverage/FAR constraints
remain
Cannot block 800 sf
unit w/ 4-ft
side/rear setbacks
Add explicit “state minimum
development envelope” safe
harbor
66321(b)(3)
Multifamily detached
ADU count
Existing code caps at 2
detached on existing
multifamily lot
Must allow more Revise to allow up to 8
detached ADUs on existing
multifamily lot, not
exceeding existing unit
count; up to 2 with proposed
multifamily
66323(a)(4)
66323 unit standards Local standards can still
creep in
Not allowed for
66323-qualifying
units
Add clause: no objective
standard beyond what
§66323 authorizes for those
units
66323(b)
Nonconforming
conditions
Limited protections Must prohibit denial
for unrelated
nonconformities
Expand language: no
denial/conditioning due to
nonconforming conditions or
unrelated violations that
don’t threaten health/safety
and aren’t affected by project
66322(b),
66323(c),
66336
Unpermitted pre-2020
ADUs/JADUs
Not fully codified Missing required
legalization
framework
Add legalization process, no
denial solely for listed
violations, allow denial only
for HSC 17920.3 findings,
plus public checklist and
66311.7
574
Accessory Dwelling Unit Compliance
5 confidential inspection
notice
Fire sprinklers Mostly correct for ADUs Must also protect JADU and no-trigger
rule
Clarify no sprinklers required
in ADU/JADU if not required
for primary; ADU/JADU
cannot trigger retrofits in
existing primary
66314(d)(12),
66323(d)
Architectural
standards
applicability

17.08.250 and 17.12.190
are subjective/discretionary
Cannot impose
discretionary
design review on
ADUs/JADUs
Add explicit exemption /
objective-only applicability
statement for ADU/JADU
permits
66315,
66317(c),
66335(d)
Accessory structure
standards

17.08.050
(compatibility/setbacks)
broadly applies
May conflict with
ADU entitlements
Clarify 17.08.050 does not
apply to ADUs/JADUs except
where expressly authorized
by state law
66314,
66321, 66323
HCD submittal
deadlines
Not codified Missing compliance
process
Add mandatory submission
to HCD within 60 days of
adoption and 30-day
response to HCD findings
66326,
66333.5
Null-and-void
consequence
Not explicit Important
compliance risk
Add statement that
noncompliant local
ordinance is inoperative/null
and state standards apply
66316,
66326(d),
66333.5(d)
575
Accessory Dwelling Unit Compliance
6 Separate
conveyance/sales
Older blanket prohibition
language
Must recognize
state carve-outs
Keep general no separate
sale rule, but add exceptions
for qualified
nonprofit/qualified buyer and
condominium framework if
locally adopted
66341–66342
HOA/third-party
approvals
Not always addressed in
local text/practice
Third-party review
not allowed as
permit condition
Add explicit prohibition on
requiring HOA/third-party
approvals for ADU/JADU
permitting
66317(c);
HCD
guidance
576
Apply @ https://ci-banning-ca.smartgovcommunity.com/Public/Home Additional Information on ADU/JADUs: https://www.hcd.ca.gov/building-standards/adu/handbook Contact us: [email protected] or [email protected] WHAT IS AN ADU?
An Accessory Dwelling Unit, or ADU, is an
independent residential unit located on the
same lot as an existing or proposed primary
dwelling.
• Detached (stand-alone unit)
• Attached (connected to a main house)
• Converted Space (garage, room, or
other existing area)
• Above Garage or Accessory
Structure

KEY REQUIREMENTS
• Includes living, sleeping, eating,
cooking, and sanitation facilities
• Must be on the same lot as primary
dwelling
• May be attached, detached, or created
within existing space
• Cannot be rented for 30 days or less
• Permits are required

GENERAL GUIDELINES
Zoning: ADUs and JADUs are allowed on
lots with existing or proposed residential
uses, consistent with State law.

Parking: Parking is not required in many
cases, including units near transit, within
existing structures, or when replacing a
garage.

Setbacks: Min. side and rear setback
• Per State law - 4 ft
Permits: Required for both ADUs and
JADUs
WHAT IS A JADU?
A Junior Accessory Dwelling Unit, or JADU, is
a smaller unit of no more than 500 s.f. created
within an existing or proposed single-family
residence.

KEY REQUIREMENTS
• Max size: 500 s.f.
• Must be within a single-family residence
• May share a bathroom with the main
home
• Must include an efficiency kitchen (sink,
cooktop, counter, cabinets)
• Separate exterior entrance required
• Cannot be rented for 30 days or less
• Owner-occupancy may be required if
sanitation facilities are shared
WHY BUILD AN ADU OR JADU?
Create housing for family, guests, or
caregivers
Earn Rental Income
Increase property value
Help address the housing shortage
WANT TO BUILD ONE?
Steps to Get Started:

1. Prepare your ADU or JADU plans.

2. Apply online through SmartGov.

3. Respond to any City review
comments, if needed.

4. Receive permits and complete
required inspections.

ADU & JADU FACT SHEET
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) 577

AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
PHN CC Meeting 6-9-26 ADU
___________________________________________________
State of California          )
County of Riverside   )  SS.

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

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

May 29, 2026
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
PHN CC Meeting 6-9-26 ADU | Page 1 of 2
May 29, 2026
578
PHN CC Meeting 6-9-26 ADU | Page 2 of 2
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Elizabeth Gibbs, City Manager
MEETING DATE: June 9, 2026
SUBJECT: Resolution No. 2026-89 Establishing a Continuing Budget and Authorizing City Expenditures/Appropriations Until the Operating Budget is Adopted for Fiscal Year 2026-2027, No Later Than September 30, 2026 STAFF RECOMMENDATION:

Adopt Resolution No. 2026-89
BACKGROUND:

The City of Banning operates on a fiscal year that begins July 1 and ends June 30. State law requires the City Council to adopt an annual budget before the start of each fiscal year, which serves as a financial plan for conducting City affairs. Fiscal Year 2026-2027 commences on July 1, 2026.

The City Council will be reviewing the proposed Fiscal Year 2026-2027 Operating Budget and Capital Improvement Program, and has not yet approved the final adoption. Expenditures for essential City operations, including employee compensation, vendor payments, utility costs, debt service, and public safety services, must continue uninterrupted beginning July 1, 2026, regardless of whether the annual budget has been formally adopted.

California Constitution Article XVI, Section 18(a), prohibits cities from incurring indebtedness or liability exceeding income and revenue provided for a given year without voter approval. To remain in compliance with this constitutional requirement while continuing operations, the City Council must formally authorize expenditure authority by adopting this continuing resolution.

Resolution No. 2026-89 authorizes emergency spending authority until September 30, 2026, for all City funds and operations at the same levels established in the Fiscal Year 2025-2026 Adopted Budget. This approach is consistent with the practice of other California general law cities in similar circumstances.

Key provisions of Resolution No. 2026-89 include:

Spending authority is capped at one-quarter (1/4) of the Fiscal Year 2025-2026 Adopted Budget for all City funds, departments, and programs.

Authorized expenditures are limited to routine and essential functions only, including payroll and vendor expenses, as determined by the City Manager.

The authorization expires on September 30, 2026, or upon formal adoption of the FY 2026-2027 Annual Budget, whichever occurs first.

The City Manager retains authority to determine what constitutes essential functions during the continuing resolution period.

The resolution does not authorize new programs, new capital projects, or any expenditure beyond those 580
already contemplated in the prior year's adopted budget. It is a bridge measure only, intended to maintain lawful continuity of operations during the period of budget deliberations.

JUSTIFICATION:

This resolution is adopted pursuant to authority under California Constitution Article XVI, Section 18(a), which requires that City expenditures not exceed income and revenues provided for in a given year without voter approval. The resolution provides the necessary legal framework to continue City operations in compliance with this constitutional requirement pending formal budget adoption. The City Attorney has reviewed this resolution as to form.

FISCAL IMPACT:

Adoption of this resolution continues appropriations at Fiscal Year 2025-2026 Adopted Budget levels on a pro-rated monthly basis through September 30, 2026, or upon formal adoption of the FY 2026-2027 Annual Budget, whichever occurs first. There is no new fiscal impact beyond what was previously authorized by the Council in the FY 2025-2026 adopted budget. All expenditures made under this resolution will be subject to reconciliation and roll-forward accounting upon adoption of the FY 2026-2027 Annual Budget.

ATTACHMENTS:

1. Resolution_No._2026-89 v2.docx
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Resolution _____