Planning Commission Meeting - Dial 1-605-479-3208 Access Code: 2590 193 5692 or go to http://ci-adelanto-ca.webex.com passcode 2590 193 5692 Passcode: 7601

AGENDA REGULAR MEETING OF THE PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION May 18, 2022 7:00 P.M. Adelanto Governmental Center City Council Chambers 11600 Air Expressway, Adelanto 1 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Meetings held: 1st and 3rd Wednesday Planning Commission Parks & Recreation Commission Chris Waggener, Chair Terry Delgado, Vice Chair Angelo Meza, Commissioner Laura Villa, Commissioner Miguel Soto Jr., Commissioner Development Services David Martinez City Attorney Marc Tran Until further notice, public participation is solely via call-in or via written correspondence. TO PARTICIPATE, please call, email, or send mail to the contact info provided below/on the Planning Commission Agenda. Pursuant to Government Code § 54953, please be advised that members of the Adelanto City Council and City Commissioners may participate in meetings telephonically, the public may view the meeting and participate in public comment remotely as follows: • All of our meetings are streamed live at -https://ci-adelanto-ca.webex.com/ and are also available for playback after the meeting. • Participate via web-ex at https://ci-adelanto-ca.webex.com/ • To Participate and Call in for public comments: Please call 1-650-479-3208 along with conference code 2590 193 5692 Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient. • Submit written comments: We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the Planning Commission prior to the meeting. Send emails to nallen@ci.adelanto.ca.us; written correspondence may be sent to Nyeka Allen, 11600 Air Expressway Adelanto CA 92301.

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 2 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. TIME: ________________ ROLL CALL: Chair Waggener ______ Vice Chair Delgado ______ Commissioner Meza ______ Commissioner Soto ______ Commissioner Villa ______ INVOCATION: FLAG SALUTE: Director of Development Services to announce if there are any additions/removals of items from the agenda. C. PRESENTATIONS Opened at: ________________________ Closed at: _______________________________ A. CALL TO ORDER B. DELETIONS/ADDITIONS TO AGENDA D. CONFLICT OF INTEREST Planning Commissioners will announce any possible Conflicts of Interests for the Planning Commission Meeting. E. PUBLIC COMMUNICATIONS

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 3 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. This is the time and place for members of the public to comment on any matter within the jurisdiction of the Planning Commission. Members of the public wishing to address the Planning Commission Members on items not on the agenda can push *3 on their telephones to raise their hands. The Planning Secretary will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the Planning Commission on non-agenda items; however, in accordance with Government Code section 54954.2, the Planning Commission may not take action on an item not appearing on the agenda. • Submit written comments: We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the Planning Commission prior to the meeting. Send emails to nallen@ci.adelanto.ca.us; written correspondence may be sent to Nyeka Allen, 11600 Air Expressway Adelanto CA 92301. TIME: ________________ ROLL CALL: Chair Waggener ______ Vice Chair Delgado ______ Commissioner Meza ______ Commissioner Soto ______ Commissioner Villa ______ INVOCATION: FLAG SALUTE: Director of Development Services to announce if there are any additions/removals of items from the agenda. C. PRESENTATIONS A. CALL TO ORDER B. DELETIONS/ADDITIONS TO AGENDA

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 4 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. Opened at: ________________________ Closed at: _______________________________ This is the time and place for members of the public to comment on any matter within the jurisdiction of the Planning Commission. Members of the public wishing to address the Planning Commission Members on items not on the agenda can push *3 on their telephones to raise their hands. The Planning Secretary will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the Planning Commission on non-agenda items; however, in accordance with Government Code section 54954.2, the Planning Commission may not take action on an item not appearing on the agenda. D. CONFLICT OF INTEREST Planning Commissioners will announce any possible Conflicts of Interests for the Planning Commission Meeting. E. PUBLIC COMMUNICATIONS F. CONSENT CALENDAR – PLANNING COMMISSION Items on the Consent Calendar are considered routine in nature, require no further discussion by the Planning Commission, and may be acted on in one motion unless a member of the Planning Commission or staff requests a separate discussion on an item. G. PUBLIC HEARING – PLANNING COMMISSION

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 5 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. PUBLIC HEARING OPEN: ________ PUBLIC HEARING CLOSED: __________ 1. General Plan Amendment GPA 21-02, Zone Change ZC 21-02, Conditional Use Permit. CUP 21-20, and Location and Development Plan NO. 21-20 - Proposal to amend the General Plan Land Use and Zoning Map to adopt a project-specific Solar Energy Overlay Zone, approve a conditional use permit to allow a solar use in the Desert Living 2.5, Desert Living 5, Light Manufacturing Cannabis Only and Open Space zoning districts, and approve a site layout to facilitate the development of a 150 -megawatt (MWAC) utility scale solar generating facility on approximately 826-acres in the Desert Living, Light Manufacturing Cannabis Only and Open Space Zoning Districts in an area located in an area generally bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south. STAFF RECOMMENDATION: Adopt Resolution 22-14, recommending that City Council adopt the Initial Study and Mitigated Negative Declaration (MND) which was filed with the State Clearinghouse (SCH #2022020165) and approve, General Plan Amendment No. GPA 21-02 (GPA), Zoning Change No. 21-02 (ZC), Conditional Use Permit No. CUP 21-20, Location and Development Plan No. LDP 21-20 based on the findings and subject to conditions of approval. RESOLUTION P-22-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED SILVER PEAK SOLAR PROJECT FINDING THAT THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE UNMITIGABLE ENVIRONMENTAL IMPACTS, APPROVE GENERAL PLAN AMENDMENT NO. GPA 21-02, APPROVE ZONING CHANGE NO. ZC 21-02, APPROVE CONDITIONAL USE PERMIT NO. 21-20, AND APPROVE LOCATION AND DEVELOPMENT PLAN NO. 21-20 SUBJECT TO CONDITIONS, AND MAKE FINDINGS IN SUPPORT THEREOF. M_________________________S________________________ACTION___________

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 6 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. PUBLIC HEARING OPEN: ________ PUBLIC HEARING CLOSED: __________ 2. Conditional Use Permit 22-05 & Location Development Plan 22-05 – Proposal to establish medical and adult use cannabis cultivation, transportation, and distribution facility and to construct five buildings totaling 213,000 square feet in four phases on 4.2 acres located at the southeast corner of Primrose Street and Adelanto Road in the Light Manufacturing (LM) zone in the City of Adelanto, California (APN: 3128-261- 01 & 02). STAFF RECOMMENDATION: ADOPT Resolution P-22-20 to ADOPT the Categorical Exemption (CE) and APPROVE Conditional Use Permit 22-05 to establish adult and medical use cannabis cultivation, volatile manufacturing, transportation and distribution and Location and Development Plan 22-05 to construct a five buildings totaling 213,000 square feet in four phases on 4.2 acres located at the southeast corner of Primrose Street and Adelanto Road in the Light Manufacturing (LM) zone in the City of Adelanto, California (APN: 3128-261-01 & 02), based on the findings and subject to conditions of approval. RESOLUTION NO. P-22-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT 22-05 & LOCATION DEVELOPMENT PLAN 22-05 TO ESTABLISH MEDICAL AND ADULT USE CANNABIS CULTIVATION, TRANSPORTATION AND DISTRIBUTION USES AND TO CONSTRUCT FIVE (5) NEW BUILDINGS IN FOUR (4) PHASES ON 4.2 ACRES LOCATED AT THE SOUTHEAST CORNER OF ADELANTO ROAD AND PRIMROSE STREET IN THE LIGHT MANUFACTURING (LM) ZONE IN THE CITY OF ADELANTO, CALIFORNIA (APN:3128-261-01 and 02) M_________________________S________________________ACTION___________

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 7 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. PUBLIC HEARING OPEN: ________ PUBLIC HEARING CLOSED: __________ 3. Conditional Use Permit 22-06- Proposal to establish a 1,390 sf non-storefront delivery office space in an existing 1,390 sf building located in the Manufacture Industrial (MI) zone on 4.5-acre site in the City of Adelanto. (Assessor Parcel Number: (3129-251-25) STAFF RECOMMENDATION: Adopt Resolution No. P-22-21 to ADOPT the Categorical Exemption (CE) and APPROVE Conditional Use Permit 22-06 to establish a Non-Storefront Cannabis Retail Delivery office space located within an existing 1,390 SF on a 4.55-acre site located 16176 Beaver Road, in the Manufacture Industrial (MI) zoning district based on the findings and subject to conditions of approval. RESOLUTION NO. P-22-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT 22-06 TO ESTABLISH A 1,390 SF NON-STOREFRONT CANNABIS DELIVERY USE WITHIN AN EXISTING BUILDING LOCATED AT 16176 BEAVER ROAD IN THE MANUFACTURE INDUSTRIAL DISTRICT (MI) ZONE ON A 4.5-ACRE SITE IN THE CITY OF ADELANTO, CALIFORNIA (ASSESSOR PARCEL 3129-251-25). M_________________________S________________________ACTION___________ PUBLIC HEARING OPEN: ________ PUBLIC HEARING CLOSED: __________ 4. Tentative Parcel Map 20503 - Proposal to subdivide lot 3 and lot 4 both into (2) parcels located at 18218 and 18232 Bellflower Street within the Single Family residential (SF) zoning district in the City of Adelanto, California (APN: 0459-304- 08 & 09) STAFF RECOMMENDATION: ADOPT Resolution No. P-22-22 to ADOPT the Categorical Exemption (CE) and APPROVE Tentative Parcel Map 20503, based on the findings and subject to Conditions of Approval.

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 8 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. RESOLUTION P-22-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND MAKING FINDINGS AND APPROVING TENTATIVE PARCEL MAP 20503 TO SUBDIVIDE LOT 3 AND 4 INTO (2) PARCELS ON A SITE LOCATED AT 18218 AND 18232 BELLFLOWER STREET WITHIN THE SINGLE FAMILY RESIDENTIAL (R-S5) ZONING DISTRICT IN THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO (ASSESSOR PARCEL NUMBER: 0459-304-08 & 09) M_________________________S________________________ACTION___________ I. NEW BUSINESS J. PLANNING MANAGER/COMMISSIONER’S ANNOUNCEMENTS AND/OR REPORTS 1. Director Development Services Comments 2. Planning / Parks and Recreation Commissioner Comment TIME OUT: ____________ M_________________________S________________________ACTION___________ H. PARKS AND RECREATION COMMISSION ITEMS K. ADJOURNMENT

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION May 18, 2022 9 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. L. DECLARATION OF POSTING I, NYEKA ALLEN, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE, HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON MAY 13, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, AT THE ADELANTO POST OFFICE AND AT THE ADELANTO LIBRARY. Nyeka Allen Nyeka Allen Secretary of Planning Commission

1 PLANNING COMMISSION AGENDA REPORT DATE: May 18, 2022 TO: Honorable Chairman and Members of the Planning Commission FROM: THROUGH: BY: Dave Martinez, Development Services Director Mary Blais, Planning Consultant James Hirsch, Project Planner SUBJECT: GENERAL PLAN AMENDMENT NO. GPA 21-02, ZONING CHANGE NO. ZC 21-02, CONDITIONAL USE PERMIT NO. CUP 21-20, and LDP NO. 21-20 - Proposal to amend the General Plan Land Use and Zoning Map to adopt a project-specific Solar Energy Overlay Zone, approve a conditional use permit to allow a solar use in the Desert Living 2.5, Desert Living 5, Light Manufacturing Cannabis Only and Open Space zoning districts, and approve a site layout to facilitate the development of a 150 -megawatt (MWAC) utility scale solar generating facility on approximately 826-acres in the Desert Living, Light Manufacturing Cannabis Only and Open Space Zoning Districts in an area located in an area generally bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south. STAFF RECOMMENDATION: Adopt Resolution 22-14, recommending that City Council adopt the Initial Study and Mitigated Negative Declaration (MND) which was filed with the State Clearinghouse (SCH #2022020165) and approve, General Plan Amendment No. GPA 21-02 (GPA), Zoning Change No. 21-02 (ZC), Conditional Use Permit No. CUP 21-20, Location and Development Plan No. LDP 21-20 based on the findings and subject to conditions of approval. ANALYSIS & REVIEW: PROJECT DESCRIPTION: The project is a proposal to facilitate the development of a utility scale Solar Energy facility through the creation of a Solar Energy Overlay Zone; conditionally approving a solar use in the Desert Living 2.5, Desert Living 5, Light Manufacturing Cannabis Only and Open Space zoning districts within the project area; and approving the site layout. A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1

2 The project requires approval of the following entitlements: • A General Plan Amendment (GPA 21-02) and Zoning Change (ZCA 21-04) to amend the General Plan Map and Zoning Map to create a Solar Energy Overlay on approximately 620.249 acres of area zoned as Desert Living, 185.199 acres of Light Manufacturing Cannabis Only and 20.617 acres of Open Space in order to allow the solar energy use as a conditionally permitted use. In the City of Adelanto, the General Plan Map and Zoning Map are combined into one document; therefore, General Plan amendments and Zone Changes must occur simultaneously. • A Conditional Use Permit (CUP 21-20) to allow the Solar Energy use on approximately 20.617-acres of property zoned as Open Space; 385.728- acres of property zoned as Desert Living -2.5; 234.521 acres of property zoned as Desert Living 5; and 185.19 acres of land zoned Light Manufacturing Cannabis Only. • A Location and Development Plan (LDP 21-20) to approve the site layout and required improvements to facilitate the construction of the proposal. This includes a 5 mile generation-tie and communication line to be shared with the Baldy Mesa Solar Project which delivers the electricity generated by the project to the Southern California Edison Roadway substation located to the south. BACKGROUND: The applicant is requesting approval of the above entitlements to develop a new utility scale, 150-megawatt (MWAC) maximum capacity solar generating and energy storage facility on approximately 826 acres. California Senate Bill (SB) 330 (Housing Crisis Act) became effective January 1, 2020 and extends until 2025. Generally, this Bill prohibits an “affected” City or County (which includes the City of Adelanto) from approving any general plan amendment(s) or zone change(s) that change the rules to disfavor residential uses relative to other allowed uses, such as by reducing density limits or prohibiting residential uses altogether. To ensure consistency with SB 330, the applicant is proposing to amend the City’ General Plan and Zoning Map, through a General Plan Amendment and Zone Change action to create a Solar Energy Overlay Zone on top of the property within the project area that is currently designated as Desert Living 2.5 and Desert Living 5, which are rural residential use categories and on areas currently designated as Light Manufacturing Cannabis Only. The California Department of Housing and Community Development has confirmed these amendments are consistent with SB 330 because they are in addition to and do not alter the City of Adelanto’s existing residential land use designations. The Solar Energy Overlay Zone would be authorized pursuant to a Zoning Code Amendment action to add Solar Energy Conversion Systems (SECS) as a conditional use in the areas a Solar Energy Overlay Zone has been approved by the City on a project-specific basis. Applicant: Silver Peak Energy, LLC General Location: Approximately 826 acres in the northwest portion of the City of Adelanto, generally bounded by bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south in the County of San

3 Bernardino (see Attachments C, D, E and F for maps showing location). Environmental Determination: An Initial Study has been prepared for the proposed project, which determined that, subject to mitigation measures, there is no substantial evidence of adverse environmental effects; therefore, a Mitigation Negative Declaration has been prepared. Related Cases: Baldy Mesa Solar, LLC Case Nos: GPA 20-01, ZC 20-01, ZCA 19-02, CUP 19-09,LDP 20-08 and Ordinance No. 618 Existing Zoning & Land Uses: General Plan & Zoning Acreage Desert Living 2.5 385.728 Desert Living 5 234.521 Open Space 20.617 Light Manufacturing Cannabis Only TOTAL ACREAGE 185.199 826.065 Surrounding Zoning& General Plan Designation: Direction Zoning North Open Space/Desert Living 5 South Desert Living 5/ Desert Living 2.5 East Desert Living 2.5/ Desert Living 9 West Desert Living 5/Open Space Surrounding Land Uses: Direction Land Use North Vacant South Vacant East Vacant West Vacant PROJECT ANALYSIS: GENERAL PLAN & ZONING CONSISTENCY:

4 The proposed General Plan Amendment and Zone Change will amend the General Plan & Zoning Map to create a Solar Energy Overlay Zone on top of 826-acres of DL- 2.5, and DL- 5, Open Space and Light Manufacturing Cannabis Only, (LMCO) designated areas in the northwestern part of the City to allow solar uses in these areas, which will create consistency between the General Plan and Zoning Code and further the state and City’s goals of sustainable development, while preserving future opportunity for housing development. The proposed Zoning Code Amendment will modify the language in Section 17.80.070 of the Zoning Code to establish the Solar Energy Overlay zoning concept as a means of authorizing solar energy facilities as a conditionally permitted use. Solar energy facilities are currently contemplated within the Open Space General Plan land use designation and are listed as a conditional use in the Zoning Code. The proposed Conditional Use Permit to allow solar energy uses on 20.617-acres of land designated as Open Space is consistent with both the General Plan and Zoning Code in that this use is contemplated by both with the approval of a conditional use permit to ensure that the project meets all local regulations and is designed to be compatible with existing and future land uses. The proposed project conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development”. Further, the proposed project is consistent with the City’s Adelanto North 2035 Sustainable Plan, Chapter 3, Economic Development. The text in Chapter 3 cites High Desert Corridor (HDC) improvements which will provide better regional power supply for the City of Adelanto. PREVIOUS APPLICABLE ZONING CODE TEXT CHANGES: Chapter 17.80 (Special Use Standards) outlines regulations governing solar energy uses, including those in excess of 500 KW. Section 17.80.070 of the City of Zoning Code previously limited the location of Solar Energy Conversion Systems, (SECS) generating power in excess of 500KW to Manufacturing/ Industrial (MI) and Airport Development District (ADD). Section 17.40.020(a) of the City Zoning Code also allows SECS in excess of 500KW as conditionally permitted uses in Open Space (OS) zoning districts. SECS were not previously listed as a permitted use within the DL 2.5, DL 5 or LMCO zoning districts. However, ZCA 19-02 which was approved as part of the Baldy Mesa Solar, LLC project on October 21, 2020 amended the text of Chapter 17.80.070 Solar Energy Conversion Systems, (SECS) to allow Solar Energy Uses pursuant to a project-specific Solar Energy Overlay, conditional use permit, and a location and development plan. Generally, the Zoning Code Amendment modified the text of Chapter 17.80, Section 17.80.070 as follows: • Clarifies existing text in Section 17.80.070 • Adds Section 17.80.071 to establish the purpose for the SECS Overlay Zone, required approvals, design requirements and approval findings • Establishes Solar Energy Conversion Systems as a conditional use in areas where a Solar Energy Overlay Zone is approved by the City.

5 SENATE BILL 330 Senate Bill (SB) 330 (Housing Crisis Act) became effective January 1, 2020 and extends until 2025. Generally, this Bill prohibits an “affected” City or County (which includes the City of Adelanto) from approving any general plan amendment(s) or zone change(s) that change the rules to disfavor residential uses relative to other allowed uses, such as by reducing density limits or prohibiting residential uses altogether. The applicant requested an opinion from the State Department of Housing and Community Development, (HCD) as to whether the proposed solar energy overlay zone would impact residential development, thus interfering with SB 330. The applicant received an opinion, Attachment D, from Melinda Coy, Land Use and Planning Manager of HCD dated August 18, 2020 indicating that the proposed solar overlay zone did not impact residential development, density or intensity. Thus, the provisions of the Housing Crisis Act would not be triggered by the City’s approval of the proposed solar code amendment revising the zoning code to allow utility-scale solar development predicated on City Council approval of a solar energy overlay zone and a conditional use permit. ENVIRONMENTAL CONSIDERATIONS: An Initial Study (IS) was prepared for the project in accordance with the City’s guidelines, which implement the California Environmental Quality Act (CEQA). The IS was undertaken for the purpose of determining whether the project may have a significant effect on the environment. On the basis of the IS, staff concluded that the project’s potential significant impacts could be avoided or mitigated to a point where there are clearly no significant effects on the environment through mitigation measures, and that there is no substantial evidence in light of the whole record that the project, as revised may have a significant effect on the environment. As such, a Mitigated Negative Declaration (MND) was prepared with a Mitigation Monitoring and Reporting Program that will be implemented for the proposed project. As required by State CEQA Guidelines, a Notice of Completion (NOC) and a Notice of Availability (NOA) for the proposed project was filed with the State Clearinghouse (SCH #2022020165) Pursuant to §15703 (a) of CEQA and the IS/ MND was sent to affected agencies and organizations for a thirty (30) day review. The review period commenced on February 7, 2022 and ended on March 7, 2022. During the draft IS/MND review period, the Draft IS/MND was available for public review at the Development Services public counter, and on the City’s website. The City received no comments during the 30-day public review period. Four letters of support, Attachment N, were received after the 30-day public review period and prior to finalization of this staff report. All potential effects of the proposed project have been reduced to less than significant levels with implementation of mitigation measures. Therefore, a final Mitigated Negative Declaration has been prepared. PUBLIC NOTICE A public hearing notice was sent to property owners within 700 feet of the project site and agencies. As of the writing of this report, two letters of support from Ironworkers Local 433 and the Ironworker Management Progressive Action Cooperative Trust and one comment letter from the Mojave

6 Desert Air Quality Management District have been received by staff. ATTACHMENTS: A. Resolution P-22-14 B. HCD Email August 18, 2020 C. Vicinity Map D. General Plan, Zoning Exhibit E. Aerial Project Map F. Aerial Composite Map of Baldy Mesa and Silver Peak G. Conditions of Approvals (Planning, Building, Public Works, Fire) H. LDP Overall Site Plan I. SECS Overlay Map J. Visual Simulations K. Draft City Council Resolution No. 22-24 Adopting the IS/MND L. Draft City Council Resolution No. 22-25 Approving the GPA, CUP, LDP M. Draft City Council Ordinance No. 629 Adopting the ZC N. Comment Letters The IS/MND and Associated Studies are on File at the Planning Department and available online at: https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy

ATTACHMENT A RESOLUTION P-22-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED SILVER PEAK SOLAR PROJECT FINDING THAT THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE UNMITIGABLE ENVIRONMENTAL IMPACTS, APPROVE GENERAL PLAN AMENDMENT NO. GPA 21-02, APPROVE ZONING CHANGE NO. ZC 21-02, APPROVE CONDITIONAL USE PERMIT NO. 21-20, AND APPROVE LOCATION AND DEVELOPMENT PLAN NO. 21-20 SUBJECT TO CONDITIONS, AND MAKE FINDINGS IN SUPPORT THEREOF. WHEREAS, the City of Adelanto recognizes the need to Amend the City of Adelanto General Plan and Zoning Map to facilitate solar energy conversion systems (SECS) development of all sizes in the City through the use of project-specific SECS Overlay Zones that allow SECS pursuant to a Conditional Use Permit and Development plan; and WHEREAS, an Initial Study was prepared to consider potential environmental impacts and based on the environmental information, staff finds that General Plan Amendment No. 21-02, Zoning Change No. 21-02, Conditional Use Permit No. 21-20, and Location and Development Plan No. 21-20 could not have significant effects on the environment because required mitigation measures for the Silver Peak Solar Project have been agreed upon by the project proponent; therefore, a Mitigation Negative Declaration was prepared and a Notice of Intent to Adopt a Mitigated Negative Declaration was advertised and circulated on February 7, 2022; and, WHEREAS, the Initial Study identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations, and to the public, on February 7, 2022 through March 7, 2022 for a period of 30 days, pursuant to California Environmental Quality Act (“CEQA”) Guidelines; and WHEREAS, on May 18, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment 21-02, Zone Change 21-02, Conditional Use Permit 21-20 and Location and Development Plan 21-20 for the Silver Peak Solar Project; and recommended approval of the project after considering public testimony and accompanying documents; and WHEREAS, the Mitigated Negative Declaration reflects the independent judgment of the Adelanto Planning Commission and is deemed adequate for purposes of making decisions on the merits of General Plan Amendment No. 21-02, Zoning Change No. 21-02, Conditional Use Permit No. 21-20, and Location and Development Plan No. 21-20; and

4823-7628-3598, v. 1 WHEREAS, the applicant will observe a Mitigation Monitoring and Reporting Program pursuant to the terms and conditions of approval for the Silver Peak Solar Project; and WHEREAS, all legal prerequisites for the adoption of this resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Adelanto as follows: Section 1. The above recitals are all true and correct. Section 2. The Planning Commission hereby determines that the project has been appropriately analyzed by a Mitigated Negative Declaration under the California Environmental Quality Act (CEQA) guidelines. Accordingly, the Planning Commission hereby recommends that the City Council adopt a Mitigated Negative Declaration in accordance with the provisions of CEQA. Section 3. Based on the information contained in the supporting exhibits, this Commission finds, regarding the proposed, as follows: General Plan Amendment 21-02 a) That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment. The amendment is in compliance with State Law and local law and is in the public interest in that the construction of utility scale solar generating facilities will facilitate the development of solar energy, which implements the conservation policies of the City’s General Plan. The community benefits by the installation of alternative forms of clean, sustainable energy. b) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan. The amendment is consistent with the land use goals, policies, and objectives of the General Plan as it will provide the City with flexibility to allow well-sited SECS as a conditional use in additional locations through site-specific SECS overlay zones. The SECS overlay zone proposed here would convert vacant land into a 150-megawatt (MWAC) maximum capacity utility scale solar generating and storage facility on approximately 826 acres, which is a use that is contemplated and consistent with the Economic Development and Conservation goals, policies and objectives of the General Plan. The proposed amendment conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development”. c) That the proposed amendment will not conflict with provisions of the Zoning Code, subdivision regulations, or any applicable specific plan.

4823-7628-3598, v. 1 The proposed amendment will not conflict with the provisions of the Zoning Code, subdivisions or any applicable specific plan in that the project has been conditioned to meet all applicable zoning regulations. d) In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties. The amendment would result in a change to the land use policy map; however, it will not adversely affect surrounding properties in that it has been conditioned to ensure compatibility with future surrounding land uses. Zone Change 21-02 a) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan. The proposed zone change is consistent with the goals, policies and objectives of the General Plan in that they implement the Economic Development and Conservation elements of the General Plan by providing an avenue for the development of solar energy, which will provide an alternative source of clean, sustainable energy in the area. The proposed zone change conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development”. b) That a proposed zone change will not adversely affect surrounding properties. The proposed zone change will not adversely affect surrounding properties as they have been designed, and the project has been conditioned, to ensure compatibility and meet all applicable zoning regulations. Conditional Use Permit 21-20 a) That the proposed Conditional Use Permit (CUP) is consistent with the General Plan. The proposed CUP would allow Solar Energy use on approximately 20.6 acres of property zoned as Open Space, 385.7 acres of property zoned as Desert Living 2.5 , 234.5 acres of property zoned as Desert Living 5 and 185.2 acres of property zoned as Light Manufacturing Cannabis Only, which is consistent with the General Plan in that it implements the goals, policies and objectives of the General Plan, particularly the Conservation and Economic Development Elements of the Plan. b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. The nature, condition and development of adjacent uses, building and structures have been considered in that the project has been conditioned so that it will not adversely affect, or be materially detrimental to adjacent uses, buildings or structures.

4823-7628-3598, v. 1 c) That the site for the proposed Conditional Use is of adequate size and shape to accommodate the use and buildings proposed. The site for the CUP is of adequate size and shape to accommodate the use and proposed structures, in that the site far exceeds established minimum development standards and can easily accommodate the proposed use. d) That the proposed Conditional Use complies with all applicable development standards of the zoning district. The proposed CUP, as conditioned, complies with all applicable development standards of the zoning districts in which it lies. e) That the proposed Conditional Use observes the spirit and intent of this Zoning Code. The proposed CUP observes the spirit and intent of the zoning code as conditioned. d) The SECS conforms with the Adelanto North 2035 Sustainable Plan policy LC 4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development." The SECS promotes the use of solar energy generation. e) The SECS conforms with Subsections (b) through (e) of Section 17.80.070 of this Chapter. The SECS complies with the height limitations and setbacks for the Desert Living 2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts. f) The SECS will not, at the location proposed: a. Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site because the proposed panels are within the height regulations of the rural residential zones and are designed with adequate setbacks from the adjacent street. The SECS complies with the height limitations and setbacks for the Desert Living 2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts. b. Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare because adequate sewer, water, and drainage improvements will be part of the project.

4823-7628-3598, v. 1 The SECS is designed with adequate sewer, water, and drainage improvements will be a part of the project. g) The SECS will not substantially adversely affect other nearby uses because all aesthetic, noise, and other environmental concerns will be mitigated through various design features, including screening and the use of silent or low-noise equipment. The initial study prepared for the project mitigates all substantially adverse aesthetic, noise, and other environmental concerns presented by the SECS. h) The proposed site is adequate in size and shape to accommodate the SECS and other development features prescribed in the zoning ordinance or as otherwise required to integrate said use with surrounding uses. The site proposed for the SECS is adequate in size and shape to accommodate the project. i) The proposed site is adequately served by the surrounding streets, which are of sufficient width and improved as necessary to carry the anticipated daily vehicle trips such use would generate; and by other public and private service facilities, including sewer, water, fire, and police services, as required. The proposed site is adequately served by surrounding streets and other public and private service facilities to accommodate the SECS. j) The proposed use will not result in a significant effect on the environment because all potential impacts have been found to be less than significant with the inclusion of mitigation measures or are determined to be acceptable due to overriding considerations. The initial study prepared for the project demonstrates that the SECS will not result in a significant effect on the environment after mitigation. Location and Development Plan 21-20 a) That the proposed Location and Development Plan (LDP) is consistent with the General Plan. The proposed LDP, to allow the Solar Energy use on approximately 20.6 acres of property zoned as Open Space, 385.7 acres of property zoned as Desert Living 2.5, 234.5 acres of property zoned as Desert Living 5 and 185.2 acres of Light Manufacturing Cannabis Only is consistent with the General Plan in that it implements the goals, policies and objectives of the General Plan, particularly the Conservation and Economic Development Elements of the Plan. b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures.

4823-7628-3598, v. 1 The proposed project will not adversely affect or be materially detrimental to adjacent uses, in that surrounding properties to the north, south, east and west are all currently vacant land, and also zoned as Open Space, Desert Living 2.5 and Desert Living 5. Further, the project has been conditioned to ensure that it will not adversely affect adjacent uses. c). That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed. The site for the proposed use is of adequate size and shape in that the overall site is approximately 826 acres in size, which far exceeds established minimum development standards. k) That the proposed use complies with all applicable development standards of the zoning district. The proposed project has been designed and conditioned to meet all applicable City zoning and development standards for the zoning districts. l) That the proposed use observes the spirit and intent of this Zoning Code. The proposed project meets the requirements of the Zoning Code. In addition, to ensure all Code requirements are met, conditions of approval have been added requiring that the project meet code requirements and therefore observes the spirit and intent of this zoning code. Section 4. The Planning Commission hereby recommends that the City Council approve General Plan Amendment 21-02, Zone Change 21-02, Conditional Use Permit 21-20 and Location and Development Plan 21-20 to allow construction of a new utility scale, solar generating and energy storage facility on approximately 826 acres, subject to conditions of approval and based on the findings presented herein. Section 5 The Planning Commission declares that should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect. Section 6. The Chairperson shall sign and the Secretary shall certify to the passage and adoption of this Resolution. ADOPTED, SIGNED, and APPROVED this 18th day of May 2022. __________________________________ Chris Waggener Chairman of the Planning Commission

4823-7628-3598, v. 1 ___________________________________ Nyeka Allen Secretary, Planning Commission I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution P-22-14 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 18th day of May 2022, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 18th day of May 2022. ___________________________________ Nyeka Allen Secretary to the Planning Commission

ATTACHMENT B – HCD Email

ATTACHMENT C – VICINITY MAP

ATTACHMENT F – GENERAL PLAN, ZONING

ATTACHMENT E – AERIAL

Blue = Silver Peak Solar Green = Baldy Mesa Solar (permitted)

Attachment G Conditions of Approval Conditional Use Permit No. CUP 21-20 and Location and Development Plan No. LDP 21-20 (related cases: General Plan Amendment NO. GPA 21-02, Zoning Change No. ZC 21-02,) May 18, 2022 Planning Commission PROJECT: Proposal to amend the General Plan Land Use and Zoning Map to adopt a project- specific Solar Energy Overlay Zone, approve a conditional use permit to allow a solar use in the Desert Living 2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts, and approve a site layout to facilitate the development of a utility scale solar generating facility on approximately 826-acres in the Desert Living, Open Space Zoning and Light Manufacturing Cannabis Only Districts in an area generally bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south. Applicant: Silver Peak Energy, LLC PLANNING DEPARTMENT General Conditions: 1. Approval Period. Approval of CUP 21-20 and LDP 21-20 project will become valid only after a signed copy of the City’s approval letter is received by the Planning Department acknowledging acceptance of all conditions of approval. If not received within 10 working days after approval action, this approval will be null and void. This approval shall be used within two (2) years of the approval date of this project; by May 18, 2024, otherwise, it shall become null and void and of no effect whatsoever unless application for extension is submitted by November 18, 2023 and subsequently approved by the City. Use means the beginning of the substantial construction under this approval within the two (2) year period which is thereafter diligently pursued to completion and in the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 2. Modification to Plans. Subsequent modifications of this approval, which do not intensify the use or significantly modify the layout, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Development Services Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the City’s Development Code. 3. Phasing. Phasing is not indicated for Conditional Use Permit 21-20 and Location and Development Plan 21-20. 4. Decommissioning. The term of the project is 35 years, at which time the conditional use permit shall expire. At that time the equipment will be removed from the site to a depth of three feet and the project decommissioned in coordination with the City. To ensure that the

CUP 21-20 & LDP 21-20 Conditions of Approval Page 2 owner at that time is obligated to carry out the removal, the applicant shall execute a covenant and agreement to the reasonable satisfaction of the City Attorney and Director of Development Services as to form and content, which shall be recorded prior to issuance of a building permit. The covenant shall continue in effect until released by the City Council by a recorded instrument, based on a request submitted with applicable fees and evidence that supports the finding that the covenant is no longer required. 5. Indemnification of the City. (a) Applicant shall defend and indemnify the City, its agents, officers and employees from all claims against the City for damages, and other action, liability or proceeding to attack, set aside, void or annul the Project or any act or determination related to City’s approval of the Project. Applicant’s obligations under this Agreement shall include, without limitation, payment of all court costs and reasonable attorney fees, all litigation- related costs, all judgments and awards against the City, and all settlement costs. (b) The City shall notify the Applicant promptly of any claim, action or proceeding and reasonably cooperate in the defense of such claim, action or proceeding. Upon receiving such notification, Applicant shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to City, which approval shall not be unreasonably withheld. In the event of a disagreement between the City and Applicant over litigation issues, City shall have authority to control the litigation and make litigation decisions, including but not limited to, settlement or other disposition of the matter. City’s participation in the defense of any such action shall not relieve the Applicant of any obligation imposed by this condition. If City determines that having common counsel would create a conflict of interest, or if Applicant fails to promptly assume the defense or to promptly employ counsel satisfactory to City, then City may hire counsel for its own defense, and Applicant shall pay the reasonable attorney fees and costs of such counsel within 30 days after receiving itemized invoices. Applicant shall also pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents. 6. Fees. All fees and charges the City has or intends to adopt that are due at the time of utility connection or when building permit(s) is/are issued shall be paid, as required by the City. 7. Outstanding Costs. Any fees due to the City for processing this project shall be paid to the City within 30 calendar days of payment request from the City. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this entitlement shall be permitted, authorized or commenced until all outstanding fees are paid to the City. 8. CEQA/Fish and Game Fees. The Applicant shall file a Notice of Determination with San Bernardino County and pay any related County fee associated with such Notice of Determination within five (5) days after the effective date of conditional approval. The Applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of filing is required prior to issuance of any permits. 9. Mitigation Monitoring Reporting Program for CUP 21-20 & LDP 21-20. The project shall incorporate mitigation measures specified in the adopted Initial Study/Mitigated Negative Declaration .

CUP 21-20 & LDP 21-20 Conditions of Approval Page 3 10. Project Design. The proposed project design shall be consistent with the design presented to the Planning Commission and shall be consistent with Adelanto General Plan. 11. City Codes. The project shall comply with all applicable disabled access requirements of the Americans with Disabilities Act and Title 24 of the State Code, and all local requirements of the City of Adelanto Municipal Code, including Title 17 (Zoning Code) 12. Maintenance Responsibility. The maintenance of graded slopes and landscaped areas shall be the responsibility of the Applicant. Grading permits shall not be issued for any areas to be graded and remain undeveloped for an extended period (i.e. for subsequent phases of a development) until a re-vegetation plan is approved by the Planning Department. 13. Design Plans. Design plan submittals shall be prepared and signed by a California Licensed Architect or Engineer per State of California, Business and Professions Code. All plans shall be drawn to a standard scale. 14. Development Restrictions. The Applicant shall obtain all required City approvals for the physical development of the site.. Placement of any construction trailer or storage of construction materials shall be in accordance with Grading and Building Permits approved by the City. 15. Access to City Water Treatment or Wastewater Treatment facilities in the project area will not be impeded by the Applicant. 16. Trash Enclosures. Trash receptacles proposed for the site shall be enclosed by six (6) foot tall enclosures with view-obstructing gates. 17. Required Approvals. The Applicant shall obtain the following clearances or approvals: a. Verification from the Planning Department that all pertinent conditions of approval have been met, including any administrative development plan review approvals, as mandated by the Adelanto Municipal Code. b. Building and Safety Department c. Engineering Department d. San Bernardino County Fire Department e. Mojave Desert AQMD f. Department of Fish and Game g. Any other required approval from an outside agency. h. California Department of Transportation (CALTRANS).

CUP 21-20 & LDP 21-20 Conditions of Approval Page 4 Prior to Issuance of Grading Permits: 18. Grading Plans. Grading plans shall be reviewed and approved by the Planning Department for compliance with the approved Development Plan prior to the issuance of a grading permit. 19. Joshua Trees. The applicant shall obtain an Incidental Take Permit from the State Department of Fish and Wildlife prior to further site disturbance and construction per the requirements of the City Development Code, the State Fish & Wildlife regulations commencing January 2021 and California Desert Native Plant Act. 20. Proof of Mitigation. Prior to the issuance of grading permits, the Applicant shall submit written proof, satisfactory to the Development Services Director, that the Mitigation Measures outlined in the Mitigation Monitoring and Reporting Program required to be fulfilled prior to construction as part of the project Mitigated Negative Declaration have been completed. 21. Signed Approval Letter. A signed copy of the City’s approval letter shall be on file with the Planning Department. If ownership of the property or the Applicant of the property has changed since the original approval, a new copy of the City approval letter shall be signed by the current development parties. 22. Conditions of Approval. The conditions of approval for Conditional Use Permit 21-20 Location and Development Plan 21-20 shall be included on the construction plans and submittal to the Building and Safety Department for Plan Check. Prior to Issuance of Building Permits: 23. Building Plans. Building plans shall be reviewed and approved the Planning Department for conformance to the Conditions of Approval and the approved Development Plan prior to issuance of a building permit. 24. Signage. Proposed signs for this development shall require a separate application approval by the Planning Department prior to installation. Furthermore, all signs proposed for this development shall remain in full compliance with all City sign regulations at all times. During Construction: 25. Approved Plans. All construction shall be per building permits issued by the Building Department and UBC Standards, and dust control shall be exercised at all times during construction.

CUP 21-20 & LDP 21-20 Conditions of Approval Page 5 26. Dust Control. The applicant shall apply water to the disturbed portions of the project site in accordance with mitigation measure AQ-1 or as required by the Mojave Desert Air Quality Management District. 27. Construction Practices. To reduce potential noise and air quality nuisances, the following items shall be listed as “General Notes” on the construction drawings: a. Construction activity and equipment maintenance is limited to the hours between 7:00 a.m. and dusk on weekdays. Construction may not occur on weekends or State holidays, without prior consent of the Building Official. Non-noise generating activities (e.g. interior painting) are not subject to these restrictions. b. Stationary construction equipment that generates noise in excess of 65 dBA at the project boundaries must be shielded and located at least 100 feet from occupied residences. The equipment area with appropriate acoustic shielding shall be designated on building and grading plans. Equipment and shielding shall remain in the designated location throughout construction activities. c. Construction routes are limited to City of Adelanto designated truck routes. d. Water trucks or sprinkler systems shall be used during clearing, grading, earth moving, excavation, or transportation of cut or fill materials to prevent dust in accordance with mitigation measure AQ-1 or as required by the Mojave Desert Air Quality Management District. This may include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. e. A person or persons shall be designated to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off-site. The name and telephone number of such person(s) shall be provided to the City. f. All grading equipment shall be kept in good working order per factory specifications. 28. Construction Activity. a. The contractor shall provide verification that all construction equipment is in proper tune per the manufacturer’s recommendation. b. Roll off trash bins and chemical toilets for construction workers shall be required on all construction sites and temporary fencing provided around the construction sites and/or a row of temporary fencing provided at such location as to prevent any building materials from blowing off of the construction site. c. During those periods when grading is being conducted, the contractor shall inspect the adjacent paved roadways at least two times per week, and shall sweep the street if visible dirt or dust, attributable to the project, can be seen on the roadway. 29. Archeological Resources. If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds shall be halted so that an archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures. A historical resources management

CUP 21-20 & LDP 21-20 Conditions of Approval Page 6 report shall be submitted by the professional to document the monitoring, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures to mitigate potential adverse impacts. If archeological resources are encountered during grading, ground disturbance activities shall cease so a qualified archeological monitor can evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report their resources in accordance with standard archaeological management requirements. If the City finds that an Applicant encounters cultural resources and fails to notify the Planning Department, the City will place those responsible for the destruction of historic and archaeologically significant resources on file with the County of San Bernardino and the State of California, Office of Historic Preservation. 30. Paleontological Resources. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the Earth Sciences Division of the San Bernardino County Museum. 31. Human Remains. If human remains are encountered on the property, then the San Bernardino County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies. Contact the County Coroner at either 1) 15329 Bonanza Road, Unit 8, Victorville, CA 92392 or (760) 955-8535; or 2) 175 South Lena Road, San Bernardino, CA 92415-0037 or (909) 387-2978. 32. Abandoned Wells. Any abandoned wells on the property or similar structures that might result in groundwater contamination shall be destroyed in a manner approved by the City and San Bernardino County Environmental Health Department. 33. Landscaping. A Landscaping Plan will be submitted to the City for review and approval prior to commencement of commercial operations.. ENGINEERING DEPARTMENT General Conditions: 1. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) to be approved by the City. An approved SWPPP shall remain onsite during construction activity. 2. Grading activity shall be conducted such that, upon completion of grading, no additional stormwater runoff shall affect properties not owned or leased by the applicant. Applicant shall be liable for any damage to properties and structures caused by runoff resulting from grading activity.

CUP 21-20 & LDP 21-20 Conditions of Approval Page 7 3. Final Maps shall meet all requirements of the Adelanto Municipal Code, and shall include the following: a. All easements within the City of Adelanto’s rights of way shall be subordinated to the City of Adelanto. b. All easements and rights-of-way, both existing and as required by the Public Works Department Staff. All off site right of way required shall be acquired by the Developer pursuant to the subdivision map act and the Adelanto Municipal Code. 4. Reports Required: a. Title Report. A preliminary title report accompanied by copies of all recorded documents cited therein shall be submitted to the Public Works Department staff for review along with the first submittal of the final map for the checking. 5. The City of Adelanto shall be “added insured” on all insura