6/1/2023 Director's Hearing SPR 22-35

NOTICE OF DIRECTOR’S HEARING TO CONSIDER SITE PLAN REVIEW FOR SPR 22-35 BY THE CITY OF CALIFORNIA CITY PLANNING DEPARTMENT NOTICE IS HEREBY GIVEN that a public meeting will be held by the Planning Department to consider a requested Notice of Exemption approval for proposed Site Plan Review 22-35. To allow for public participation the meeting join via Zoom only https://us06web.zoom.us/j/88229158582 Meeting ID: 882 2915 8582 One tap mobile: +16694449171, 88270207818# US Dial by your location: +1 669 444 9171 US PUBLIC HEARING INFORMATION: THURSDAY, JUNE 1, 2023, at 10:00 am. – Director’s Hearing was published online 72 hours prior. See attached for the following information: • PROJECT DESCRIPTION • ENVIRONMENTAL (CEQA) • RECOMMENDATION PERSONS WISHING TO BE HEARD on this matter are encouraged to submit their comments in writing to the undersigned on or before the public meeting date specified herein. Questions may be directed to a member of the Planning Department staff at lgarcia@californiacity-ca.gov or call 760-338-1377. Planning Department Published 05/30/2023

SPR 22-35 Staff Report June 1, 2023, Page 1 DIRECTOR’S HEARING SPR 22-35 (APNs 206-042-16; -28; -29) June 1, 2023 APPLICANT: Albert Dennis, 2024 Lambeth Way, Carmichael CA 95608 OWNER: Biedenharn Equities LLC PUBLIC HEARING: The public hearing notice and agenda for SPR 22-35 was published on May 26, 2023. PROJECT OVERVIEW: SPR 22-35 consists of approximately 38,000 sf of commercial cannabis cultivation, manufacturing, and distribution on a 2.7-acre site, APNs 206-042-16; -28; -29. Heavy manufacturing exists adjacent to the north, east, south, and west of the project site, significant grading has occurred in the area adjacent to the site. The applicant has applied for a Lot Merger to combine the three APNs. ENVIRONMENTAL (CEQA): The lead agency determined that the project qualifies for a Categorical Exemption pursuant to sections 15332 of the California Environmental Quality Act (CEQA) Guidelines and the California City environmental procedures. RECOMMENDATION: The 2.7-acre project site (APNs 206-042-16; -28; -29) is designated on the General Plan Land Use Diagram “Heavy Industrial”. Consistent with the General Plan the property is zoned M2- Heavy Industrial. The proposed project is permitted by-right pursuant to California City Municipal Code section 9-2.2903, Location and Design of Cannabis Businesses. The City of California City, as lead agency, has determined that the project is in full compliance with CEQA. The site will be constructed and operated in compliance with all applicable development standards and conditions of approval. Therefore, staff recommends that the Director approve Site Plan Review SPR 22-35, and certify the project NOI, as required for the applicant to secure the Department of Cannabis Control (DCC) license for the proposed commercial cannabis business.

SPR 22-35 Staff Report June 1, 2023, Page 2 DIRECTOR’S DETERMINATION 2022-35 A DETERMINATION OF THE PLANNING DIRECTOR OF THE CITY OF CALIFORNIA CITY APPROVING SITE PLAN REVIEW 22-35 FOR BIEDENHARN EQUITIES LLC APN 206-042-16; 28; and -29 WHEREAS, the City of California City has received an application from Biedenharn Equities LLC (Applicant) for the project to be located at APNs 206-042-16; -28; -29 as further described in the Project Description provided as Attachment A to this Determination; and, WHEREAS, the applicant is requesting the following approvals; Site Plan Review and CEQA NOE and, WHEREAS, a Director’s Hearing was for this item publicly noticed on June 1, 2023; and, WHEREAS, the City has analyzed the proposed project and determined it is consistent with adopted policies, regulations, and standards applicable to the proposed project; and WHEREAS, an analysis of the potential environmental impacts has been completed and, based on the evidence of this analysis, a Notice of Determination has been prepared. NOW, THEREFORE, THE INTERIM CITY MANAGER / ACTING PLANNING DIRECTOR OF THE CITY OF CALIFORNIA CITY DOES HEREBY FIND AND DETERMINE: SECTION 1: ENVIRONMENTAL REVIEW FINDINGS The Planning Director determines that the proposed project qualifies for an Initial Study. Mitigated Negative Declaration (IS/MND). SECTION 2: SITE PLAN REVIEW FINDINGS 1. The development will not be detrimental to the harmonious and orderly growth of the City. The project shall be completed in full compliance with the General Plan, zoning code, development standards, and conditions of approval. Therefore, the project would not be detrimental to the harmonious and orderly growth of the City. 2. The development will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare. The Project proposes industrial, and manufacturing uses that are consistent with the underlying M2 (Heavy Industrial) zoning district. Cannabis and other commercial and manufacturing facilities either have been or are under construction to the north, west, and south of this project site. The project will be connecting to existing water and gas lines that exist at the site. Power will be generated and provided solely by CARB generators. Septic tanks will be utilized to dispose of waste on site. The Project is not located within 200-feet of any residentially zoned property or vacant residentially zoned parcels. This setback is a necessary measure because Section (Sec.)

SPR 22-35 Staff Report June 1, 2023, Page 3 9-2.2903(b)(1) of the California City Municipal Code (CCMC) requires, that a cannabis business shall be no closer than two hundred (200) feet of any residentially zoned parcel in the City, including any legal non-conforming residential uses as of the date the cannabis business permit is issued, excepting therefrom residential uses in the O/RA zone. 3. The development meets all applicable standards as adopted by the Planning Commission and City Council, conforms to the General Plan, Zoning Ordinance and other municipal codes. The project will be completed in full compliance with the General Plan, zoning code, development standards, and conditions of approval. Therefore, the development meets all applicable standards as adopted by the Planning Commission and City Council, conforms to the General Plan, Zoning Ordinance and other municipal codes. SECTION 3: RECORD OF PROCEEDING The documents and other materials that constitute the record of the proceedings upon which the Director’s Determination is based, which include, but are not limited to, the environmental documents, staff reports, as well as all materials that support the staff reports for the proposed project, are located in the Planning and Building Department of the City of California City at 21000 Hacienda Blvd., California City, CA 93505. The custodian of these documents is the City Clerk of the City of California City. SECTION 4: DETERMINATION Based upon the findings outlined in above, the Planning Director of the City of California City does hereby approve Director’s Determination 2022-35 (SPR 22-35), Assessor’s Parcel Number 206-042-16; -28; -29, consistent with the CEQA determination provided as “Exhibit A” and subject to conditions of approval provided as “Exhibit B.” I HEREBY CERTIFY that the foregoing determination was duly approved on the 1st day of June 2023. __________________________ Inge Elmes, Acting City Manager ATTEST:

SPR 22-35 Staff Report June 1, 2023, Page 4 Location Map: The 3 acre project site (APNs 206-042-16; -28; -29) is designated on the General Plan Land Use Diagram “Heavy Industrial”. Consistent with the General Plan the property is zoned M2- Heavy Industrial. The proposed project is permitted by-right pursuant to California City Municipal Code section 9-2.2903- Location and Design of Cannabis Businesses. The project site is surrounded by the following land use designations and zoning districts. Direction Land Use Zoning North Heavy Industrial Heavy Industrial (M2) East Heavy Industrial Heavy Industrial (M2) South Heavy Industrial Heavy Industrial (M2) West Heavy Industrial Heavy Industrial (M2) Site Improvements: SPR 22-35 consists of approximately 32,240 sf of commercial cannabis cultivation contained within 16 greenhouses each 2,015 square-foot (SF) on a 3 acre site. Forest Blvd Moss Ave Neuralia Rd

SPR 22-35 Staff Report June 1, 2023, Page 5

SPR 22-35 Staff Report June 1, 2023, Page 6 Project Operations: Cultivation/Product – The applicant plans on cultivating medical cannabis in the form of THC, a crystalline compound. Employee List – Up to 20 full-time employees are anticipated, and one General Manager. Hours of Operation – 9:00AM to 5:00PM, Monday through Friday. Solid Waste: Commercial waste and recycling collected from the proposed Project will be hauled to the CA City Recycling and Transfer Station (15-AA-0401). Waste from this transfer station is then sent to a permitted landfill or recycling facility within Kern County. These include Bena, Boron, Mojave- Rosamond, Ridgecrest, Shafter-Wasco, Taft, and Tehachapi Landfills. Cal Recycle data indicates that these landfills have 3 to 90-percent (%) of their remaining estimated capacity, with the Mojave- Rosamond Sanitary Landfill having the lowest remaining capacity, 3-percent (%), and the Boron Sanitary Landfill with approximately 90-percent (%) remaining capacity. Additionally, solid waste generated by a medical marijuana facility would be minimal and would comply with all cannabis waste regulations. Utilities: The project will be connecting to existing water and gas lines that exist at the site. Power will be generated and provided solely by CARB generators. Septic tanks will be utilized to dispose of waste on site. Exhibit A: CEQA Determination A Biological Resourcve Assessment was completed for SPR 22-35 and the lead agency determined that the project qualifies for a Negative Declaration and Initial Study pursuant to section 15071 of the California Environmental Quality Act (CEQA) Guidelines and the California City environmental procedures. The NOI is attached to this Staff Report.

SPR 22-35 Staff Report June 1, 2023, Page 7 Recommendation: Therefore, staff recommends that the Director approve Site Plan Review SPR 22-35, and approve the NOI, as required for the applicant to secure the Department of Cannabis Control (DCC) license for the proposed commercial cannabis business, which includes cultivation, processing, and distribution.

SPR 22-35 Staff Report June 1, 2023, Page 8 Exhibit B: Conditions of Approval—UPDATED BASED ON East Kern Co Air Polution comments, Fire, Engineering and PW PLANNING 1. The applicant shall review, and sign below verifying the “Acceptance of the Conditions of Approval” and return the signed page to California City Planning Department. Project approval is not final until a signed copy of these conditions is filed with the City. 2. The applicant and each successor in interest to the property which is the subject of this application shall indemnify, protect, defend (and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolutions procedures (including but not limited to arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act (CEQA), the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Applicant shall pay all costs of defense, including but not limited to, attorneys’ fees and costs, City Staff time, and City Attorney time. The City shall have sole discretion in selecting its defense counsel. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 3. This Site Plan Approval is valid for twelve (12) months from the date of approval of this Director’s Decision unless an extension is applied for and approved by the Community Development Department. If a grading and/or building permit is issued, the project will remain active for the length of the active permit. 4. Minimize the use of synthetic pesticides and always use them as directed by the manufacturer, including storage and disposal. Toxic pesticides shall not be used where they can pass into water. Anticoagulant rodenticides and rodenticides that incorporate “flavorizers” that make the pesticides appetizing to a variety of species shall not be used at cultivation sites. Snap traps may be used indoors and glue traps shall be avoided altogether. 5. Any artificial lighting shall not be visible outside any structure for cannabis cultivation. Avoid nonessential lights during the dawn and dusk hours. Security and cultivation lighting should be shielding and cast downward, light must have color temperature and use 3,000K or less. Lights that contain toxic compounds shall be recycled at a qualified recycler. 6. It is the responsibility of the owners and operators of the cannabis business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder, and any specific additional operating procedures or requirements which may be imposed as conditions of approval of the cannabis business permit.

SPR 22-35 Staff Report June 1, 2023, Page 9 (CCMC 5-6.104) 7. No person may engage in any cannabis business or operate a cannabis dispensary within the City of California City including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person (1) has a valid cannabis business permit or cannabis dispensary permit from the City of California City and (2) is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses. (CCMC 5-6.301) 8. Any person who is an employee or who otherwise works or volunteers within a cannabis business must be legally authorized to do so under applicable state law. (CCMC 5-6.302(a)) 9. Any person who is an employee or who otherwise works or volunteers within a cannabis business shall wear a name badge issued by the cannabis business management for identification purposes. (CCMC 5-6.302(a)) 10. Each cannabis business permit issued shall expire twelve (12) months after the date of its issuance. Cannabis Business permits may be renewed as provided in Section 5-6.504. (CCMC 5-6.502) 11. Cannabis Business permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to Chapter 6 of the California City Municipal Code. (CCMC 5-6.503) 12. Prior to commencement of operations a cannabis business shall obtain a City of California City business license. (CCMC 5-6.801) 13. Prior to commencement of operations a cannabis business shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, Health Department approvals and other zoning and land use permit(s) and approvals. (CCMC 5-6.802) 14. A permitted cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. Except as may otherwise be determined by the City, these security measures shall include compliance with all State security regulations required under the Cannabis Licensee's State cannabis license, as those regulations may be amended from time to time. (CCMC 5-6.902(a)) 15. Odor Control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology:(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;(2) An air system that creates negative air pressure between the cannabis business's interior and exterior, so that the odors

SPR 22-35 Staff Report June 1, 2023, Page 10 generated inside the cannabis business are not detectable on the outside of the cannabis business. (CCMC 5-6.906(h)) 16. The City's Police Department, Fire Department, Code Enforcement and Building Department, and Finance Department are charged with enforcing the provisions of the California City Municipal Code, or any provision thereof, may enter the location of a cannabis business at any time during the hours of operation without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law. (CCMC 5-6.1405(a)) 17. Prior to commencing operations, a cannabis business must obtain a certification from the Building Department certifying that the business is located on a site that meets all of the requirements of Title 9 of the California City Municipal Code. 18. The applicant shall revise building permit plan check set to include one electric vehicle charging station in the parking lot. 19. The building permit plan check set shall include parking lot landscaping. Eastern Kern Pollution Control District (District) 1. In accordance with District Rule 201, construction of cannabis cultivation structures require a District issued Authority to Construct (ATC) permit prior to commencing construction. 2. A separate ATC is required for each standalone building. 3. Cannabis oil extraction operations involving volatile solvents including but not limited to propane, butane, and ethanol also require an ATC prior to construction. 4. Piston engines over 50 horsepower (i.e. generator sets, compressors, pumps, etc.) will require a permit to operate from the District prior to installation and operation Prior to Issuance of Building Permit 1. This project is conditioned upon the Developer defending, indemnifying and holding harmless the City, its agents, officers, consultants, and /or employees. (Add this note to cover sheet of construction plans). 2. The applicant must complete and record a lot merger prior to issuance of a building permit. 3. The safety and security of the project must satisfy Local, County, State, Federal ordinances, California Building Code, and California Occupational Safety and Health Association (CAL/OSHA). 4. This project is subject to applicable District, Local, City, County, State, And Federal statutes, ordinances, regulations, standards and policies. 5. The developer shall obtain necessary permits and/or approvals from all agencies having jurisdiction over property being mapped. 6. Utilities shall be installed underground in accordance with each of the utility company requirements and with the City requirements.

SPR 22-35 Staff Report June 1, 2023, Page 11 7. The Developer shall dedicate public utility easements within the development where required by the City and affected utilities. 8. Provide current Title Report (30 days or less) in PDF format with links to all recorded documents affecting property. Show all easements on plans. 9. Improvements shall comply with current American with Disabilities Act (ADA) Standards and regulations. (All facilities to provide ADA access). Plans sections and details to show compliance. Show on the final building plan pedestrian access from the public right of way and accessible parking. Private streets are not the public right of way. 10. Final building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights-of-ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. 11. Provide Dust Control Plan per California City Municipal Code Ordinance: Title 6, Chapter 6 (Land Clearing Activities). 12. The Developer shall provide documentation from the Division of Oil and Gas addressing the proximity of abandoned well locations. Any structures or roadways shall be set back per requirements of the Division of Oil and Gas. (661-322-4031). 13. All improvements shall comply with current City of California City and Kern County Development Standards. 14. A Lot Merger application is required for this project, and the Lot Merger must be recorded prior to any building permit issuance. ENGINEERING 1. This project is conditioned upon the Developer defending, indemnifying, and holding harmless the City, its agents, officers, consultants, and /or employees. (Add this note to cover sheet of construction plans). 2. The safety and security of the project must satisfy Local, County, State, Federal ordinances, California Building Code, and California Occupational Safety and Health Association (CAL/OSHA). 3. This project is subject to applicable District, Local, City, County, State, And Federal statutes, ordinances, regulations, standards, and policies. 4. The developer shall obtain necessary permits and/or approvals from all agencies having jurisdiction over property being mapped. 5. Utilities shall be installed underground in accordance with each of the utility company requirements and with the City requirements. 6. The Developer shall dedicate public utility easements within the development where required by the City and affected utilities. 7. Provide current Title Report (30 days or less) in PDF format with links to all recorded documents affecting property. Show all easements on plans.

SPR 22-35 Staff Report June 1, 2023, Page 12 8. Improvements shall comply with current American with Disabilities Act (ADA) Standards and regulations. (All facilities to provide ADA access). Plans sections and details to show compliance. Show on the final building plan pedestrian access from the public right of way and accessible parking. Private streets are not the public right of way. 9. Final building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights-of-ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. 10. Provide Dust Control Plan per California City Municipal Code Ordinance: Title 6, Chapter 6 (Land Clearing Activities). 11. The Developer shall provide documentation from the Division of Oil and Gas addressing the proximity of abandoned well locations. Any structures or roadways shall be set back per requirements of the Division of Oil and Gas. (661-322-4031). 12. The project to comply with East Kern Air Pollution Control District (661-862-5250) and City regulations regarding the reduction of air emissions resulting from the project. Provide letter of authorization to construct and compliance with PM10 (fugitive dust) regulation. 13. All improvements shall comply with current City of California City and Kern County Development Standards. 14. Lot Merger application is required for this project. Lot Merger shall be recorded prior to issuance of a building permit. 15. Provide minimum 20-ft wide access gate, drive approach and pavement tie-in from site onto Forest Blvd 16. The developer shall submit a grading and drainage plan for the proposed site to be reviewed and approved by the city. Buildings permits will not be issue until the grading plan is approved by City Engineer. 17. Project is located on a Special Flood Hazard Area, Zone A. Project to comply with Municipal Code Chapter 11- Flood damage Prevention, Kern County Floodplain Management Ordinance, and FEMA guidelines. 18. Provide on-site storm water retention. Provide storm water runoff study, for each Phase and for the Ultimate Development, for the 10-year 5-day storm event per Kern County Standards. Verify the capacity of the sump(s) 1’ freeboard, where incremental drainage runoff due to the development is to be retained. Show location and detail of the overflow condition to street right of way. See Kern County Development Standards, Division 4, Chapter IX. 19. Provide percolation testing at the location of the proposed sumps, per Kern County Section 408- 8.02. 20. With the grading plan the developer shall prepare a SWPPP/BMP’s and retain copy at the construction site to follow all SWPPP and BMP’s practices.  Projects which disturb one (1) acre or more of land: The Developer shall provide a Storm Water Pollution Prevention Plan (SWPPP) that has been designed, specific to its site,

SPR 22-35 Staff Report June 1, 2023, Page 13 conforming to the State Storm water NPDES Construction Permit. The plan shall be prepared by a Qualified SWPPP Developer/Practitioner. No State permit is required – Not required to submit to the SMARTS system. The SWPPP shall be submitted to the City for review and approval.  Projects which disturb less than one (1) acre of land shall prevent the loss of soil or pollution of stormwater runoff from construction activities through site-specific best management practices (BMPs). No grading shall be done until an Erosion Control Plan with BMP’s has been reviewed by the enforcement agency (City of California City). 21. Provide Preliminary Soils Report to address all on-site and off-site improvements. Soils recommendations to include buildings/paving/concrete structural sections, utility trenches and chemical reactivity, and percolation tests for the sumps. 22. Developer to submit onsite wastewater treatment system study and design to satisfy City’s “LAMP” requirements for review and approval to the Regional Water Quality Control Board Lahontan Region 6, Main phone line (760) 241-6583. Sewage disposal system for domestic sewage only. On-site sewage system shall be shown on the plans submitted to the City . 23. Show on the plans existing water main line location(s). The developer shall install new connection to the public water system and hydrants. This connection shall be shown on the grading and building plans submitted to the City. 24. Provide calculations per 2022 California Building Code and ASCE 7-10 for 8’ masonry wall/chain link fence. All footings shall be clear of City’s road right-of-way and property lines. Masonry walls shall be sealed with an approved anti-graffiti sealer. 25. Provide off-site road improvement plans of sidewalk curb and gutter and commercial drive approach, and pavement tie-in onto Moss Ave. 26. Provide copies of complete set of Civil on-site/off-site improvement plans signed by a California Registered Civil Engineer. 27. Provide complete Engineer’s Cost Estimate per the project’s improvement plans signed by a California Registered Civil Engineer. Use current Kern County Development Standards Division Seven Sec. 701-1 to Sec. 702-9, available at: https://kernpublicworks.com/building-and- code/engineering/development-standards/division-seven-construction-security Applicant agrees to all above conditions. Applicant understands that no certificate of occupancy will be issued unless all above conditions have been met. Applicant Signature Date

BHT ENGINEERING, INC. Civil Engineering & Construction Management 218 S. “H” Street, Ste. 201 Bakersfield, CA 93304 (661) 558-4641 Page 1 of 3 T:\4-CALIFORNIA CITY\DOC\2023 Projects\23400.08 SPR 22-35\Intial Engineering CoA SPR 22-35 draft.docx INITIAL SPR ENGINEERING CONDITIONS OF APPROVAL DATE: May 25, 2023 BHT JOB# 23400.08 LOCATION: City of California City Tract/DRC# SPR 22-35 APN 206-042-16, 28 and 29 TRACT 2123, LOTS 79, 80 & 49 To facilitate rechecking, please identify next to each listed item below, the sheet of the plans upon which the corrections have been made. It is the applicant’s responsibility to assemble and proved a complete set of plans for final approval. The approval of plans does not permit violation of any section of the Building Code or other City, County Ordinances or State/Federal law. The following list does not necessarily include all errors and omissions. 1. This project is conditioned upon the Developer defending, indemnifying, and holding harmless the City, its agents, officers, consultants, and /or employees. (Add this note to cover sheet of construction plans). 2. The safety and security of the project must satisfy Local, County, State, Federal ordinances, California Building Code, and California Occupational Safety and Health Association (CAL/OSHA). 3. This project is subject to applicable District, Local, City, County, State, And Federal statutes, ordinances, regulations, standards, and policies. 4. The developer shall obtain necessary permits and/or approvals from all agencies having jurisdiction over property being mapped. 5. Utilities shall be installed underground in accordance with each of the utility company requirements and with the City requirements. 6. The Developer shall dedicate public utility easements within the development where required by the City and affected utilities. 7. Provide current Title Report (30 days or less) in PDF format with links to all recorded documents affecting property. Show all easements on plans. 8. Improvements shall comply with current American with Disabilities Act (ADA) Standards and regulations. (All facilities to provide ADA access). Plans sections and details to show compliance. Show on the final building plan pedestrian access from the public right of way and accessible parking. Private streets are not the public right of way. 9. Final building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights-of-ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. 10. Provide Dust Control Plan per California City Municipal Code Ordinance: Title 6, Chapter 6 (Land Clearing Activities).

Page 2 of 3 T:\4-CALIFORNIA CITY\DOC\2023 Projects\23400.08 SPR 22-35\Intial Engineering CoA SPR 22-35 draft.docx 11. The Developer shall provide documentation from the Division of Oil and Gas addressing the proximity of abandoned well locations. Any structures or roadways shall be set back per requirements of the Division of Oil and Gas. (661-322-4031). 12. The project to comply with East Kern Air Pollution Control District (661-862-5250) and City regulations regarding the reduction of air emissions resulting from the project. Provide letter of authorization to construct and compliance with PM10 (fugitive dust) regulation. 13. All improvements shall comply with current City of California City and Kern County Development Standards. 14. Lot Merger application is required for this project. Lot Merger shall be recorded prior to issuance of a building permit. 15. Provide minimum 20-ft wide access gate, drive approach and pavement tie-in from site onto Forest Blvd 16. The developer shall submit a grading and drainage plan for the proposed site to be reviewed and approved by the city. Buildings permits will not be issue until the grading plan is approved by City Engineer. 17. Project is located on a Special Flood Hazard Area, Zone A. Project to comply with Municipal Code Chapter 11- Flood damage Prevention, Kern County Floodplain Management Ordinance, and FEMA guidelines. 18. Provide on-site storm water retention. Provide storm water runoff study, for each Phase and for the Ultimate Development, for the 10-year 5-day storm event per Kern County Standards. Verify the capacity of the sump(s) 1’ freeboard, where incremental drainage runoff due to the development is to be retained. Show location and detail of the overflow condition to street right of way. See Kern County Development Standards, Division 4, Chapter IX. 19. Provide percolation testing at the location of the proposed sumps, per Kern County Section 408- 8.02. 20. With the grading plan the developer shall prepare a SWPPP/BMP’s and retain copy at the construction site to follow all SWPPP and BMP’s practices.  Projects which disturb one (1) acre or more of land: The Developer shall provide a Storm Water Pollution Prevention Plan (SWPPP) that has been designed, specific to its site, conforming to the State Storm water NPDES Construction Permit. The plan shall be prepared by a Qualified SWPPP Developer/Practitioner. No State permit is required – Not required to submit to the SMARTS system. The SWPPP shall be submitted to the City for review and approval.  Projects which disturb less than one (1) acre of land shall prevent the loss of soil or pollution of stormwater runoff from construction activities through site-specific best management practices (BMPs). No grading shall be done until an Erosion Control Plan with BMP’s has been reviewed by the enforcement agency (City of California City). 21. Provide Preliminary Soils Report to address all on-site and off-site improvements. Soils recommendations to include buildings/paving/concrete structural sections, utility trenches and chemical reactivity, and percolation tests for the sumps. 22. Developer to submit onsite wastewater treatment system study and design to satisfy City’s “LAMP” requirements for review and approval to the Regional Water Quality Control Board

Page 3 of 3 T:\4-CALIFORNIA CITY\DOC\2023 Projects\23400.08 SPR 22-35\Intial Engineering CoA SPR 22-35 draft.docx Lahontan Region 6, Main phone line (760) 241-6583. Sewage disposal system for domestic sewage only. On-site sewage system shall be shown on the plans submitted to the City . 23. Show on the plans existing water main line location(s). The developer shall install new connection to the public water system and hydrants. This connection shall be shown on the grading and building plans submitted to the City. 24. Provide calculations per 2022 California Building Code and ASCE 7-10 for 8’ masonry wall/chain link fence. All footings shall be clear of City’s road right-of-way and property lines. Masonry walls shall be sealed with an approved anti-graffiti sealer. 25. Provide off-site road improvement plans of sidewalk curb and gutter and commercial drive approach, and pavement tie-in onto Moss Ave. 26. Provide copies of complete set of Civil on-site/off-site improvement plans signed by a California Registered Civil Engineer. 27. Provide complete Engineer’s Cost Estimate per the project’s improvement plans signed by a California Registered Civil Engineer. Use current Kern County Development Standards Division Seven Sec. 701-1 to Sec. 702-9, available at: https://kernpublicworks.com/building-and-code/engineering/development-standards/division- seven-construction-security/

From: Miguel Sandoval Ortega To: Liz Golden Cc: Glen Stephens Subject: Comments on Notice of Intent for Biedenharn Equities, LLC Date: Thursday, April 27, 2023 10:18:36 AM Hi Liz, The Eastern Kern Air Pollution Control District (District) is in receipt of your Notice of Intent (NOI) for the Site Plan Review No. SPR 22-35, Biedenharn Equities LLC located in California City. The project description mentions the construction/installation of 16 greenhouses, 100kW generator and propane tanks. Please note in accordance with District Rule 201, construction of cannabis cultivation structures require a District issued Authority to Construct (ATC) permit prior to commencing construction. A separate ATC is required for each standalone building. Additionally, cannabis oil extraction operations involving volatile solvents including but not limited to propane, butane, and ethanol also require an ATC prior to construction. Lastly, piston engines over 50 horsepower (i.e. generator sets, compressors, pumps, etc.) will require a permit to operate from the District prior to installation and operation. Thank you for the opportunity to comment on this matter. Please feel free to contact me if you have any questions. Regards, Miguel Sandoval Air Quality Engineer Eastern Kern APCD (661) 862-5250 www.kernair.org