What's Being Permitted at the Banning White House?

Back in April, 2011, I wrote a column about a white house in Banning.  At a state of the city event held at the Banning White House, I mentioned that it was really difficult for anyone who was disabled to navigate the facility.

I recently spoke with Banning city manager Andy Takata and asked him if there were any changes in the status of this property: Residence? Business? Permitted? ADA Compliant, etc.? Takata told me that not much progress has been made but he hoped to have something nailed down soon.

 By definition, a city manager is like the CEO of a business. The CEO usually answers to the board of directors and the city manager answers to the city council. As the policy setters for Banning, I would hate to think that a closed session discussion included ordering Takata to take  a “hands off” approach when it comes to the Banning White House.

While I have only resided in Banning for nine-and-a-half years, I have a strong desire to see venues where people can gather for business, meetings, shows, concerts and yes, vacation rentals. Still if favoritism is being shown, it goes against the grain of setting a good example for those who might want to conduct business in Banning. Is what is good for the goose also good for the gander?

The Banning "state of the city" event was held at the Banning White House under a special use permit. It is like a special event permit and one can only conclude that a special event permit is not “grandfather able” and one cannot continue to operate under this umbrella endlessly.

In my mind, a single event permit is the same as getting a liquor license for one event. It doesn’t give the applicant a license to conduct business on an ongoing basis.

When I asked Pamela Scott, manager of the Banning White House whether they were American Disability Act (ADA) compliant she said no but in an email she responded: “Since your visit we have voluntarily made a number of improvements so that visitors to the Banning White House will have a better experience.”

When I asked her on the phone if she had a business license, she replied, “no, but we are working with the city.” Her email provided the following comment: “The Banning White House is a private vacation rental home. We have complied with every requirement of the City of Banning and the Fire Department. If you look at how other cities, such as Palm Springs, regulate vacation rental homes the City of Banning is the same as them in terms of their expectations.”

The city of Banning may have the same expectations but there are no ordinances covering vacation rentals. I took Ms. Scott’s advice and checked with the City of Palm Springs’ web site and lo and behold, the city ordinance No. 1748 totally deals with vacation rentals. In part the ordinance says:

City of Palm Springs Ordinance

5.25.060

(6) Evidence of a valid business license issued by the City for the separate business of operating Vacation Rentals or submission of a certificate that Owner is exempt or otherwise not covered by the City’s Business Tax Ordinance (Division II, Title 3 of the Palm Springs Municipal Code) for such activity.

(7) Evidence of a valid transient occupancy registration certificate issued by the City for the Vacation Rental unit.

(9) (c) The registration of a Vacation Rental shall be accompanied by proof of general liability insurance in the amount of one million dollars combined single limit and an executed agreement to indemnify, defend and save the city harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the registration of the Vacation Rental.

Scott told me that in 1986, the corporation who owns the White House property got all the permits required at the time and are still being followed today. She further told me that the city manager told her that you didn’t need a business license to rent out a vacation home.

Sadly, I have seen entrepreneurs and other potential businesses flee Banning and vow never to return because of the hassles they are put through.

The likelihood as to why the Banning White House has not appeared before the planning commission or city council lies in the strong possibility that they would not comply with building, safety, fire and ADA requirements. The fact that they may or may not have the money is not the issue: whether they are in compliance is!

The city of Banning is self-insured. Should there be an unfortunate accident or incident, I suspect the first one on the list to be sued would be the city.

Is Banning really the city of, it’s not what you know, it’s who you know?