08/16/2022 Planning Commission Meeting

August 16, 2022, California City Planning Commission Agenda Page 1 of 3 SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA CITY TUESDAY, AUGUST 16, 2022 @ 6:00 PM VIDEO CONFERENCE/IN PERSON 21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505 If you need special assistance to participate in this meeting, please contact the planning department at (760) 373-7141. Notification 72 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 American Disabilities Act Title II). Zoom 1. Public may join Planning Commission Meeting live via Zoom: • Link: https://us06web.zoom.us/j/88511145564 • Meeting ID: 885 1114 5564 2. Public can dial into the Zoom line: • One tap mobile: +16694449171,,88511145564# US • Dial the following number and enter the meeting ID: +1 669 444 9171 US Granicus 1. Agenda can be viewed via Granicus: https://californiacity.granicus.com/viewpublisher?view_id=1 2. Public may eComment on agenda items via Granicus City Website 1. Agenda can be viewed on city website 2. Recording of this meeting can be viewed on the city website Late Communications: Following the posting of the agenda any emails, writings, or documents that the public would like to submit to the Commission must be received by the Recording Secretary no later than 3:00 p.m. the day prior of the scheduled meeting. Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. **At this time, please take a moment to turn off your cell phones**MEETING OF THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA CITYADDENDUM 3

August 16, 2022, California City Planning Commission Agenda Page 2 of 3 CALL TO ORDER PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL Commissioner Cantrell Commissioner Dunham Commissioner Welling Vice Chair Conry Chair Fleming ADOPT AGENDA Adopt Agenda: August 16, 2022 PLANNING SECRETARY REPORTS/LATE COMMUNICATIONS DISCLOSURE OF SITE VISITS AND EX-PARTE CONTACTS Disclosure by Commissioners of site visits and ex-parte contact for items on the agenda. PUBLIC BUSINESS FROM THE FLOOR Members of the public are welcome to address the Planning Commission only on items NOT on the agenda and within the subject-matter jurisdiction of the Planning Commission. The Planning Commission may not discuss details or vote on non-agenda items. Your concerns may be referred to staff or placed on a future agenda. Each member of the public will be given (3) three minutes to speak. CONSENT CALENDAR All items on the consent calendar are considered routine, non-controversial and will be approved by (1) one motion if no member of the Commission, staff, or public wishes to comment or ask questions. Public comments to be limited to (3) three minutes. Roll call vote required. None PUBLIC HEARING ITEMS Public Hearing Procedure A. Chair reads the item B. Chair declares the Continued Public Hearing open C. Hear staff report D. Commission questions to staff only E. Applicant’s presentation F. Commission questions to applicant only G. Ask secretary to report on any communication(s) H. Chair calls for public testimony I. Chair declares Public Hearing close J. Commission discussion K. Chair calls for a motion and second L. Secretary to take roll call vote PH 1: CUP 19-04, staff recommends the Planning Commission to adopt Resolution No. 22-08-01, thereby considering the previously certified Kudu Solar Environmental Impact Report as adequate, and adopting the Section 15091 Findings of Fact, Section 15093 Statement of Overriding Considerations, the Project Mitigation Monitoring and Reporting Program and approving the Kudu Solar Conditional Use Permit No. 19-04 in accordance with necessary findings and subject to Permit conditions.-by Contract Planner Carl Cahill

August 16, 2022, California City Planning Commission Agenda Page 3 of 3 Recommendation Staff recommends the Planning Commission to adopt Resolution No. 22-08-01 PH 2: CUP 22-01, Staff recommends the Planning Commission adopt Resolution No. 22-08-02, thereby finding the Hyundai Technical Center, Inc. project exempt from review under the California Environmental Quality Act (CEQA) subject to Sections 15301 and 15303 of the CEQA Guidelines and approving a Conditional Use Permit for the Hyundai Technical Center, Inc. proposed on APN 235-243-05 in accordance with necessary findings and subject to Permit -by Contract Planner Carl Cahill Recommendation Staff recommends the Planning Commission to adopt Resolution No. 22-08-02 PH 3: TPM 12450, staff recommends the Planning Commission adopt Resolution No. 22-08-03, thereby approving Tentative Parcel Map 12450 (TPM 12450) for the subdivision of one parcel (assessor’s parcel number 229-010-37) into ten (10) parcels. the 9.77-acre property is located on Neuralia Road north of Lindbergh Boulevard. by Contract Planner Paul Junker Recommendation Staff recommends the Planning Commission to adopt Resolution No. 22-08-03 INFORMATION ITEMS II 1: Planning project list STAFF COMMENTS COMMISSIONER COMMENTS This portion of the meeting is reserved for Planning Commissioners to present information, announcements and items that have come to their attention. Short staff responses may be appropriate. The Planning Commission will take no formal action. A Planning Commissioner may request to calendar an item for consideration at a future meeting or refer an item to staff. Commissioner Cantrell Commissioner Dunham Commissioner Welling Vice Chair Conry Chair Fleming ADJOURNMENT AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards, the City’s website and agenda packets were completely accessible to the public at City Hall at least 72 hours, special meetings 24 hours, prior to the Planning Commission Meeting. Planning Staff

Kudu Solar CUP and Environmental Determination August 16, 2022 Planning Commission Staff Report to the Planning Commission Date: August 16, 2022 To: Planning Commission From: Contract Planner Carl Cahill Subject: Kudu Solar Project Conditional Use Permit 19-04 and Consideration of Certified Environmental Impact Report (EIR) RECOMMENDATION: Staff recommends the Planning Commission to adopt Resolution No. 22-002, thereby considering the previously certified Kudu Solar Environmental Impact Report as adequate, and adopting the Section 15091 Findings of Fact, Section 15093 Statement of Overriding Considerations, the Project Mitigation Monitoring and Reporting Program and approving the Kudu Solar Conditional Use Permit No. 19-04 in accordance with necessary findings and subject to Permit conditions. PUBLIC HEARING: Tuesday, August 16, 2022, at 6:00 p.m. – Planning Commission. The public hearing notice for CUP 19- 04 and consideration of the Project Environmental Impact Report was published online and in local newspaper and mailed to property owners with 300 feet of the project at least ten days prior to hearing. BACKGROUND: The proposed Kudu Solar project application is for the construction and operation of a photovoltaic (PV) solar facility and associated infrastructure necessary to generate up to a combined total of 500 megawatts (MW) of renewable energy, with up to 600 MW hours of energy storage, on approximately 1,955 acres located in jurisdictions of both unincorporated Kern County and California City. The portion of the project specifically within California City includes 35 parcels, totaling approximately 1,281.53 gross acres, in two separate sites (Sites 2 & 3) that are in proximity of each other. The list of Project parcels in California City, including their APNs, parcel size, General Plan land use map designation, zoning designation and parcel size can be found in the Project EIR Volume 1, Chapter 1, Table 1-1, Pages 1-3,4. The portion of the proposed project located in California City is entirely within the O/RA Zoning District (Open Space Residential Agriculture Zone). Under the O/RA zoning designation both electrical distribution substations and public utility facilities are allowed subject to the City’s review and discretionary approval of a Conditional Use Permit and required findings. Although not directly abutting, the project sites (2 & 3) within the City limits would be in close proximity to the unincorporated Kern County project sites (1,4 & 5). The project boundary consists of parcels both owned and leased by the applicant. The proposed Kudu Solar Project site is in an undeveloped area north of the California City Municipal Airport. The nearest residences in California City are located approximately 3,300 feet from the southernmost project parcel. Most of the project site is bisected to the east-west by Washburn Boulevard (which is also the Kern County/California City limit line) and to the north-south by Neuralia Road. State Route 14, a four-lane divided highway located approximately one mile to the west, provides regional access to the project site. Access to the site would be from Phillips Road, Gantt Road,PH 122-08-01, thereby considering the

Page 2 of 12 Neuralia Road, Pioneer Road, or Sage Street, or through the Eland project site. The project site is located on the California City North and Mojave North East 7.5 minute USGS Quadrangles at Township 31S, Range 37E – portions of Sections 14, 15, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and Township 32S, Range 37E – portions of Sections 1, 2, 3, 4, 9, 10, 11, 12 Mount Diablo Base and Meridian, County of Kern, State of California. Project boundaries are shown below in Figure 3-2 from the Project EIR. Provided below is a more detailed project operation description and summary analysis of the two actions before the Planning Commission –consideration as to the adequacy of the Environmental Impact Report (EIR) prepared and certified by Lead Agency Kern County and approval of a Conditional Use Permit for the solar electrical generation facility. Following these analysis sections are detailed descriptions of the proposed facility and the environmental document that was prepared to analyze the project. PROJECT DESCRIPTION AND OPERATING CHARACTERISTICS: The proposed project facilities at the site would include: (1) solar modules; (2) collection, inverter stations, and transformer systems; (3) energy storage systems; (4) substations; (5) operations and maintenance facilities; (6) on-site meteorological stations and towers (7) transmission line; (8) site access and security; (9) water storage tank(s); and (10) project site lighting.

Page 3 of 12 Solar Modules The proposed project would utilize photovoltaic panels or modules (including but not limited to concentrated photovoltaic technology (CPV) or bi-facial technology) on mounting frameworks to convert sunlight directly into electricity. Individual panels would be installed on either fixed-tilt or tracker mount systems (single- or dual-axis, using galvanized steel or aluminum). If the panels are configured for fixed-tilt, the panels would be oriented toward the south. For tracking configurations, the panels would rotate to follow the sun over the course of the day. Although the panels could stand up to 20 feet high relative to undulating lands and in order to maintain a uniform plane with adjacent panels, depending on the mounting system used and on County building codes, panels are expected to remain between six (6) and eight (8) feet high. The solar array fields would be arranged in groups called “blocks” with inverter stations generally located centrally within the blocks. Blocks would produce direct electrical current (DC), which is converted to alternating electrical current (AC) at the inverter stations. The foundations for the mounting structures can extend up to 10 feet below ground, depending on the structure, soil conditions, and wind loads, and may be encased in concrete or utilize small concrete footings. A light-colored ground cover or palliative may be used to increase electricity production. Final solar panel layout and spacing would be optimized for project area characteristics and the desired energy production profile. Collection, Inverter, and Transformer Systems Photovoltaic energy is delivered via cable to inverter stations, generally located near the center of each block. Inverter stations are typically comprised of one or more inverter modules with a rated power of up to 7.5 MW each, a unit transformer, and voltage switch gear. The unit transformer and voltage switch gear are housed in steel enclosures, while the inverter module(s) are housed in cabinets. Depending on the vendor selected, the inverter station may lie within an enclosed or canopied metal structure, typically on a skid or concrete mounted pad. Energy Storage System The proposed project may include one or more Energy Storage Systems (ESS), located at or near a substation/switchyard (on-site or shared) and/or at the inverter stations, but possibly elsewhere on-site. According to the Project applicant, the ESSs are not proposed to be located within California City. Such large-scale ESSs would be up to 600 MWh in capacity and up to 25 acres in total area. ESSs consist of modular and scalable battery packs and battery control systems that conform to U.S. national safety standards. The ESS modules, which could include commercially available lithium or flow batteries, typically consist of standard International Organization for Standardization containers (approximately 40 feet in length by eight (8) feet in width by eight (8) feet in height) housed in pad- or post-mounted, stackable metal structures, but may also be housed in a dedicated building(s) in compliance with applicable regulations. The maximum height of a dedicated structure is not expected to exceed 25 feet. The final dimensions and number of energy storage modules and structures vary depending on the application, supplier, and configuration chosen, as well as on-/off-taker or power purchase agreement requirements and would ultimately be subject to site plan adherence to County building standards. The ESS modules would have a fire rating in conformance with Kern County standards. Furthermore, national ESS fire standard NFPA 855 and specialized fire suppression systems would be installed for each of the battery compartments, where required by NFPA 855 and UL9540A standards.

Page 4 of 12 Substation(s) Output from the inverter stations would be transferred via electrical conduits and electrical conductor wires to one or more on-site substation(s) or switchyard(s) (collectively referred to as a “substation” herein), or the Eland Substation. The proposed project and any associated ESS would have their own dedicated substation equipment located either within the project site or within the Eland Substation footprint. Each substation may contain several components, including auxiliary power transformers, distribution cabinets, revenue metering systems, microwave transmission tower, and voltage switch gear. Each substation would occupy an area of approximately five (5) acres, secured separately by an additional chain-link fence. The final location(s) would be determined before issuance of building permits. According to the Project applicant, the substation component of the project is not proposed to be located within California City at this time. Operations and Maintenance (O&M) Building The proposed project may include an O&M building of approximately 40 feet by 80 feet in size, and approximately 15 feet in height, with associated on-site parking (unpaved). The O&M building would be steel framed, with metal siding and roof panels. The O&M building(s) may include the following: an office, repair building/parts storage, control room, restroom, septic tank and leach field, and potable water tank for handwashing. The new O&M building location, if constructed, will not be in the California City portion of the Project. Septic tank, leach field, roads, driveways, and parking lot entrances would be constructed in accordance with California City or Kern County improvement standards. Parking spaces and walkways would be constructed in accordance with all California accessibility regulations. On-site Meteorological Station A solar meteorological station would be located on-site, the location of which would be determined at final project design. The meteorological station would include solar energy (irradiance) meters, in addition to an air temperature sensor and wind anemometer. It is anticipated that the maximum height of this equipment would be up to 20 feet. The meteorological station is not proposed to be located within California City. Transmission From the proposed project’s on-site substation(s), power could be transmitted to the Los Angeles Department of Water and Power’s Barren Ridge Substation via up to 230 kV overhead and/or underground line(s). As discussed in the Project Description of the EIR, the Kudu Solar Project proposes to share the right-of-way alignment and gen-tie line constructed as part of the previously approved Eland 1 Solar Project. Potential impacts resulting with construction, operation, and/or decommissioning of the gen-tie line were previously analyzed in the Eland 1 Solar Project Supplemental EIR (SEIR). Thus, the proposed project would not result in any new or increased environmental impacts resulting from anticipated construction, operation or decommissioning activities, beyond what was previously evaluated and disclosed in the Eland 1 Solar Project SEIR. For portions of the gen-tie that are above ground, the overhead lines would be mounted on monopoles up to 150 feet in height in areas not conflicting with the provisions specified by the Kern County Airport Land Use Compatibility Plan or the Military Flight Operations map identified in Figure 19.08.160 of the Kern County Zoning Ordinance. Access and Security The project site would be enclosed within a chain-link fence with barbed wire measuring up to eight (8) feet in height (from finished grade). An intrusion alarm system composed of sensor cables integrated into the

Page 5 of 12 perimeter fence, intrusion detection cabinets placed approximately every 1,500 feet along the perimeter fence. The proposed project may include additional security measures including, but not limited to, barbed wire, low voltage fencing with warning reflective signage, controlled access points, security alarms, security camera systems, and security guard vehicle patrols to deter trespassing and/or unauthorized activities that could interfere with operation of the proposed project. Controlled access gates would be maintained at the main entrances to the project site. Project access would be provided to off-site emergency response teams that respond in the event of an “after-hours” emergency. Enclosure gates would be manually operated with a key provided in an identified key box location. Water Storage Tank(s) One (1) or more above-ground water storage tanks with a total capacity of up to 50,000 gallons (greater if required by Fire Department regulations) may be placed on-site near the O&M building. The storage tank(s) would be located near the O&M building would have the appropriate fire department connections to be used for fire suppression purposes. Project Site Lighting Proposed nighttime lighting on-site would be minimal and is anticipated to be installed at the access gates, substation(s), O&M building, and inverters to allow for access and emergency maintenance. Nighttime lighting would provide O&M personnel with illumination for both normal and emergency operating conditions. The minimum illumination needed to ensure worker safety and security on-site would be provided. All nighttime lighting installed would be shielded and directed downward to minimize the potential for glare or spillover onto adjacent properties. Additionally, motion-sensitive cameras would be installed within the solar fields in proximity to the inverters for purposes of security. Water Usage Water would be required during the construction phase for such activities as dust suppression, soil compaction, and grading. Water may also be used at points of ingress/egress to minimize the tracking of dirt off-site onto local roadways from construction vehicles. Water usage during construction, primarily for dust-suppression purposes, is not expected to exceed 400-acre feet over the 12- to 18-month construction period. It is anticipated that water would be obtained from new or existing on-site wells. Alternatively, water may be obtained from one or more off-site source(s) and delivered to the project site via truck. If off-site water is used, it would likely be obtained from one of the nearby Springbok Solar Facility projects, the Eland 1 Solar Facility project, or a commercial source. Drinking water for construction workers would be provided in bottles trucked to the project site. Further, restroom facilities would be provided as portable units to be serviced by licensed providers, which would not require on-site water. Concrete used during construction for foundations and solar panel footings would be purchased from a local retailer, which would provide mixed concrete or would use trucks to mix concrete on-site. No connection to a public sewer system is required for project construction, and therefore, water for such purposes is not required. Water demand for panel washing and O&M domestic use is not expected to exceed 50-acre feet per year. Water is anticipated to be obtained from on-site wells or delivered via truck from an off-site source(s). If off-site water is used, it also would likely be obtained from one of the nearby Springbok Solar Facility projects, the Eland 1 Solar Facility project, or a commercial source. If it is determined that off-site water would be used, the project proponent would submit evidence of an agreement to provide sufficient water quantities from the proposed off-site water purveyor(s). A small water treatment system with a footprint of

Page 6 of 12 up to 30 feet by 30 feet may be installed to provide deionized water for panel washing. Work Force During the 12- to 18-month construction phase, it is estimated that up to 1,000 workers per day (during peak construction periods) will be required. Once the project is constructed, maintenance would generally be limited to the cleaning of PV panels, monitoring electricity generation, providing site security, and facility maintenance. It is expected that the proposed project could require an operational staff of up to 20 full-time employees. It is possible that the proposed project could share O&M, substation, and/or transmission facilities with each other, or with any future energy projects nearby. In such a scenario, the projects would share personnel, thereby potentially reducing the project’s on-site staff. The facility would operate seven (7) days a week, 24 hours a day, generating electricity during normal daylight hours when the solar energy is available. The ESS could dispatch energy at any time during the day or night. Maintenance activities may occur seven (7) days a week, 24 hours a day to ensure ESS output and PV panel output when solar energy is available. ANAYLSIS – ENVIRONMENTAL REVIEW Kern County served as the lead agency for preparing the EIR to support land use decisions for both Kern County and California City. California City is identified as a responsible agency in the EIR. The term “responsible agency” includes all public agencies other than the lead agency which have discretionary approval power over the project. The impacts of approval of a conditional use permit for the project by California City were analyzed in the EIR. On March 29, 2022, the Kern County Board of Supervisors certified the Kudu Solar Project EIR as adequate, complete and consistent with the requirements of CEQA. The Final EIR is comprised of four (4) volumes: • Volume 1 – Chapters 1 through 11 of Draft EIR (November 2021) • Volume 2 – Appendices A–E of Draft EIR (November 2021) • Volume 3 – Appendices F-L of Draft EIR (November 2021) • Volume 4 – Chapter 7, Response to Comments (January 2022) City staff has reviewed the contents of the EIR, the procedures for noticing and the consultation required to meet the Guidelines of the California Environmental Quality Act (CEQA) and have determined that the Kudu Solar Project EIR complies with statute for analysis and the procedural requirements for consultation and public review as required under CEQA. A copy of the Final EIR may be found at the following Kern County Planning Department website link: https://kernplanning.com/environmental-doc/kudu-solar-project/ Effects found to Have no impact based on the findings of the Initial Study/Notice of Preparation and the results of the scoping process, the proposed project was determined to have no impact regarding the following impact thresholds, and the categories were therefore not analyzed in the EIR prepared for the project:  Mineral Resources  Population and Housing  Recreation

Page 7 of 12 The EIR prepared for this project addresses all potentially significant environmental impacts that Kern County identified during the Notice of Preparation and scoping process. After further study and environmental review in the EIR, it was determined that certain impacts would be less than significant, or could be reduced to a less than significant level with the incorporation of mitigation measures:  Agricultural and Forestry Resources (Project and Cumulative)  Biological Resources (Project)  Cultural Resources (Project and Cumulative)  Energy (Project and Cumulative)  Geology and Soils (Project and Cumulative)  Greenhouse Gas Emissions (Project and Cumulative)  Hazards and Hazardous Materials (Project)  Hydrology and Water Quality (Project and Cumulative)  Land Use and Planning (Project and Cumulative)  Noise (Project and Cumulative)  Public Services (Project and Cumulative)  Transportation and Traffic (Project and Cumulative)  Tribal Cultural Resources (Project and Cumulative)  Utilities and Service Systems (Project and Cumulative)  Wildfire (Project) Section 15126.2(c) of the State CEQA Guidelines requires that an EIR describe any significant impacts, including those that can be mitigated but not reduced to less than significant. After study and environmental review in the EIR, it was determined that certain impact thresholds would have significant and unavoidable impacts after the project complies with all regulatory, statutory, and feasible and reasonable mitigation measures. Those specific impacts that would have significant and unavoidable impacts after mitigation are identified below:  Aesthetics Utilities and Service Systems  Air Quality According to Section 15355 of the State CEQA Guidelines, the term cumulative impacts “…refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” Individual effects that may contribute to a cumulative impact may be from a single project or a number of separate projects. Individually, the impacts of a project may be relatively minor, however, when considered along with impacts of other closely related or nearby projects, including newly proposed projects, the effects could be cumulatively significant. A list of projects used in the cumulative analysis is included in Chapter 3, Project Description, and a full discussion of all cumulative impacts for each impact is contained in Chapter 4. The EIR determined that the following impacts on the projects were determined to have a significant and unavoidable cumulative impact that cannot be avoided after all regulatory, statutory, and feasible and reasonable mitigation measures:  Aesthetics  Air Quality  Biological Resources

Page 8 of 12  Hazards and Hazardous materials  Wildfire Table 1-8 in the Executive Summary, Section 1, Page 1-95 of the Project EIR (Volume 1), Summary of Impacts, Mitigation Measures, and Levels of Significance – California City, summarizes the environmental impacts of the project, mitigation measures, and unavoidable significant impacts identified and analyzed in Sections 4.1 through 4.17 of the EIR. Also see Table 1-7 starting on page 7-26 of the Final EIR (volume 4) Summary of Impacts, Mitigation Measures, and Levels of Significance -- California City. The Final EIR contains 64 mitigation measures for portions of the project within California City to reduce significant impacts from the project, and the attached Mitigation Measure Monitoring and Reporting Program has been included for your review. Staff recommends that the mitigation measures be referenced and incorporated as Project’s Conditional Use Permit conditions of approval. Regarding the Project specific and cumulative environmental impacts that cannot be avoided, notwithstanding regulatory, statutory, and feasible and reasonable mitigation measures, CEQA Guidelines Section 15093(a) allow for a responsible agency to still approve the Project if it can be demonstrated that the Project benefits to the public outweigh the significant, unavoidable environmental impacts. This agency decision and the reasons for approving the project, are memorialized in the document known as the Statement of Overriding Considerations. Based upon actions by the County Board of Supervisors and the independent analysis by City contract planning staff, it is recommended that the Planning Commission certify the Kudu Solar Project Environmental Impact Report as adequate and complete, and adopt the associated Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program. ANALYSIS – CONDITIONAL USE PERMIT: The portion of the project located in California City would be on land designated O/RA on the California City zoning map. Under the O/RA zoning designation both electrical distribution substations and public utility facilities are allowed subject to a Conditional Use Permit. Per Section 9-2.2501(f) of the California City Municipal Code, prior to approving a Conditional Use Permit the Planning Commission shall make certain findings as described below. Finding: There are circumstances or conditions applicable to the land, structure or use making the granting of a permit necessary for the preservation and enjoyment of a substantial property right. Evidence: The use proposed by 8 Minute Solar by nature requires large tracts of open, undeveloped land in a location with favorable solar conditions. The proposed site provides optimal conditions. As such, the proposed solar facility appears to be the highest and best use for the project site. The subject property has limited opportunities for use of the land by property owners and therefore the proposed use represents a substantial property right.

Page 9 of 12 Finding: The proposed location of the conditional use is in accordance with the objectives of the General Plan and the purposes of the zone district where the property is located. Evidence: The General Plan establishes broad goals, policies and objectives that recognize the inherent value of alternative energy generation, including reduction in emissions through generation of renewable energy. Table 2-2 of the General Plan identifies Government (Public Facilities) as conditionally compatible. While the Kudu Solar project would be a privately owned facility, the operators would be supporting public utility Southern California Edison and the broader State electrical grid in meeting the energy needs of California residents. The southern portion of the project site nearest to California City Airport is located within an area covered by the Kern County Airport Land Use Compatibility Plan (ALUCP) see Figure 3-6 excerpted from the EIR and shown on next page. The project site is in “Compatibility Zone B1 – Approach/Departure Zone and Adjacent to Runway” (Assessor’s Parcel Number [APN] 302-020-08) and “Compatibility Zone C – Common Traffic Pattern” (APNs 302-020-08, -09, -11, -14, -15, -16, -17, -18, and 302-470- 14). Figure 3-6 of the EIR shows the ALUCP in Relation to the Project Site. A Policy of the California City General Plan Safety Element requires that new development proposals be consistent with the ALUCP. According to the EIR, the proposed project, as mitigated, is consistent the ALUCP. Moreover, the EIR Mitigation Measure (MM 4.9-3CC) requires that the project applicant provide notification and obtain clearance from the FAA and other governing authorities certifying that the project is of no hazard to air navigation. This mitigation measure has been incorporated as a use permit condition of approval and is to be completed prior to issuance of building and grading permits for the project. Finding: The proposed use will comply with the Zoning Ordinance. Evidence: On May 11, 2021, the City of California adopted Planning Commission Resolution No. 21-04, which updates Title 9, Chapter 2 Zoning, Article 4 of the California City Municipal Code to include solar and power generation as a conditional use in O/RA zoned districts.

Page 10 of 12 As previously noted, the proposed use would be located on land zoned O/RA and would be allowed subject to approval of a Conditional Use Permit. The proposed Project would be consistent with lot and setback standards applicable to the O/RA district. As further described in the project EIR, the project applicant had initially proposed to remove the future section and mid-section lines and associated setbacks for a portion of the project. Such action would have required an amendment to the California City General Plan. However, in most recent discussions with the applicant, the applicant is designing and will construct the project without encroaching into section and midsection lines. Amending the General Plan is entirely at the City’s discretion. Based on a review of the Federal Emergency Management Act (FEMA) Flood Insurance Rate Maps, portions of the proposed solar facility within the California City site are mapped in 100-year (Zone A) floodplains (Figure 3-5 in the Project DEIR copied on next page). Zone A is defined as areas subject to inundation by the one (1) percent annual chance flood event determined using approximate methodologies. The remainder of the project site, and all the facility proposed within the unincorporated Kern County, is mapped as Zone X, which is defined as areas of minimal flood hazard that are outside of the Special Flood Hazard Area and beyond the limits of the 0.2 percent annual chance (500-year) flood. FEMA Floodplain Map.

Page 11 of 12 A Policy of the California City General Plan Safety Element requires that land development be protected from the hazards which occur from flooding and storm water runoff. The Project EIR includes Mitigation Measures (MM 4.10-1CC, MM 4.10-2CC) that are intended to protect the project structures and preserve the flood plain. These mitigation measures are also proposed to be incorporated as Project Use Permit conditions of approval. The Project structures within the mapped 100-year floodplain are also required by the EIR Mitigation Measures to comply with the County’s and the City’s design standards and the City’s Flood Damage Prevention Ordinance for new construction within Special Flood Hazard Areas. Such requirements include using materials and equipment that are resistant to flood damage, and adequate drainage paths need to be placed around structures to guide flood waters around and away from proposed structures. The Project Applicant is required by project condition of approval and mitigation measure to submit a final hydrologic study sufficient in scope to demonstrate conformance with City and County standards prior to the issuance of the Project Grading Permit. Further in-depth analysis of the project’s consistency with the California City General Plan and Zoning Ordinance is contained in the EIR, Volume 1, Section 4.11 of the document.

Page 12 of 12 ANAYLSIS – FISCAL IMPACT In addition to any applicable property and sales tax revenue that the City may be entitled too, the Project Permit Applicant agrees to pay a non-reoccurring Cumulative Impact Charge (CIC) of $620 per net acre to the City. Based on preliminary project development plans, there is an estimated 700 net acres, which would result in a CIC fee of approximately $435k. Plans are not final, and the project acreage could increase slightly If/when future phases are constructed, additional amounts would be due at that time for those areas. How the impact charge is calculated is discussed in Section 4.13 “Public Services” in the attached Mitigation Measure Monitoring and Reporting Program. The Fee is to be paid at the time of issuance of the first building permit. Attachments 1. Kudu Solar Project – Vicinity Map, Plan View Diagrams showing Sites 2 & 3, Photographs and Diagram showing typical solar array and inverter stations. 2. Planning Commission Resolution No. 2022-002 3. Exhibit “A” 15091 Findings of Fact 4. Exabit “B” 15093 Statement of Overriding Consideration 5. Exhibit “C” Kudu Solar Project Mitigation Monitoring and Reporting Plan for California City22-08-01

P a g e 1 | 6 ATTACHMENT 1 Kudu Solar Project Diagrams and Plans

P a g e 2 | 6 Plan View Sites 2 & 3 (Project Sites located in California City)

P a g e 3 | 6

P a g e 4 | 6

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ATTACHMENT 2 PLANNING COMMISSION RESOLUTION NO. 22-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA CITY CONCURRING WITH KERN COUNTY’S (LEAD AGENCY) DETERMINATION THAT THE KUDU SOLAR FINAL ENVIRONMENTAL IMPACT REPORT IS ADEQUATE AND COMPLETE, AND ADOPTS ASSOCIATED SECTION 15091 FINDINGS OF FACT, SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING THE KUDU SOLAR PROJECT CONDITIONAL USE PERMIT 19-04 SUBJECT TO FINDINGS AND CONDITIONS WHEREAS, 8Minute Solar (69SV 8ME LLC) has proposed the Kudu Solar Project located partially in the California City north of the Airport; and WHEREAS, the project would be allowed at its proposed location subject to approval of a Conditional Use Permit; and WHEREAS, the County of Kern, acting as Lead Agency for the project, did prepare an Environmental Impact Report (EIR) to evaluate the environmental impacts of the project and did on March 29, 2022, certify such EIR; and WHEREAS, the Planning Commission has reviewed the Kudu Solar Project Final EIR and associated Findings of Fact and Statement of Overriding Consideration and has determined such documents have been prepared consistent with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, per Section 9-2.2501 of the California City Municipal Code the Planning Commission has the authority to approve Conditional Use Permits subject to specific findings; and WHEREAS, upon discussion and consideration, public testimony and the analysis provided in the project staff report, the Planning Commission has determined that the project is consistent with the provisions of the City’s General Plan and Municipal Code; and NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: SECTION 1: Findings. Based on the full record of the project review the Planning Commission hereby finds, determines, and declares as follows: 1. A duly noticed public hearing has been conducted by the Planning Commission to consider Conditional Use Permit No. 19-04. 2. There are circumstances or conditions applicable to the land, structure or use making the granting of a permit necessary for the preservation and enjoyment of a substantial property right. Sec. 9-2.2501(f) 3. The proposed location of the conditional use is in accordance with the objectives of the General Plan and the purposes of the zone district where the property is located. Sec. 9- 2.2501(f)22-08-01

4. The proposed conditional use complies with Title 9, Chapter 2 “Zoning” of the California City Municipal Code. Sec. 9-2.2501(f) 5. The permit may be revocable, granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions of approval necessary to protect the public health, safety and general welfare shall be stated in a resolution approving the permit. Sec. 9-2.2501(f) 6. The Kudu Solar Project EIR prepared by Kern County as Lead Agency and certified by the Kern County Board of Supervisors on March 29, 2022, has been considered as to its adequacy by the California City Planning Commission. 7. A Mitigation and Monitoring Reporting Program that addresses impacts and mitigation measures specific to the project’s impacts in California City has been prepared consistent with the provisions of CEQA and is attached to this Resolution as Exhibit “C”. 8. Findings of Fact pursuant to CEQA Guidelines Section 15091 and a Statement of Overriding Considerations pursuant to Section 15093 have been prepared and acknowledge that significant and unavoidable environmental impacts could occur and are attached to this Resolution as Exhibits “A” and “B” respectively. Section 2. The Planning Commission hereby finds the Kudu Solar Project Environmental Impact Report as adequate and complete and concurs with the associated Findings of Fact and Statement of Overriding Considerations prepared by Kern County in its role as Lead Agency and by this Resolution adopts the Mitigation Monitoring and Reporting Program specific to that portion of the Project located in California City. Section 3. The Planning Commission hereby approves Conditional Use Permit No. 19-04 for the Kudu Solar Project subject to the following conditions of approval: 1. Applicant shall defend and indemnify the City, its agents, officers and employees from any claim, action, liability or proceeding that seeks to attack, set aside, void or annul the Project or any of the proceedings, acts or determinations taken, done or made as a result of City’s processing and approval of the Project. Applicant’s obligation to defend and indemnify under this Agreement shall apply to any lawsuit or challenge alleging failure to comply with the requirements of any federal, state, or local law, including but not limited to general plan and zoning requirements and the California Environmental Quality Act. Applicant’s obligations under this Agreement shall include, but not be limited to, payment of all court costs and attorney fees, all litigation-related costs, all costs of judgments and awards against the City, and all settlement costs, which arise out of City’s processing and approval of the Project. 2. The City shall notify the Applicant promptly of any claim, action or proceeding and reasonably cooperate in the defense. Upon receipt of 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 the authority to control the litigation and make litigation decisions, including but not limited to, settlement or other disposition of the matter. If City reasonably determines that having common counsel would create a conflict of interest, or if Applicant fails to promptly assume the defense of the claim, action, or proceeding 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 an itemized invoice. Applicant shall further 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. 3. Conditional Use Permit No. 19-04 authorizes the construction and operation of a solar photovoltaic (PV) electrical power generation facility generating up to 100 megawatts of renewable electrical energy and 600-megawatt hours (MWh) of energy storage on approximately 1,281.53 acres in the O/RA Zoning District (Open Space Residential Agriculture Zone). 4. Any additional on-site development or expansion activities beyond those items described in the staff report and certified Final Environmental Impact Report associated with initial approval of this conditional use permit, and which are deemed to be more intensive by the California City Planning Director or designee, shall be subject to review and approval and may entail further environmental review. Approval of such development or expansion activities may also require modification of this conditional use permit or the approval of a new conditional use permit at the discretion of the California City Planning Director or designee. 5. All mitigation measures included in the attached Project EIR California City Mitigation Monitoring and Reporting Program for the Kudu Solar Project by 8Minute Solar (69SV 8ME, LLC) are hereby incorporated as Use Permit No. 19-04 Conditions of Approval. 6. As referenced in the Project EIR, the applicant shall pay the CIC Fee of $435,000 to the City at the time of issuance of the first building permit. Any subsequent payments shall also be paid at the time of future building permit issuance. 7. Building permits must be obtained by the Project applicant prior to start of construction. 8. Prior to the issuance of grading and building permits, the applicant shall submit documentation of the following: a) The Project proponent shall document compliance with all applicable mitigation measures as identified in the approved Mitigation Measure Monitoring Program. b) Fire flows, fire protection facilities, and access ways shall be as required and subject to review and approval by the California City Fire Department and coordinated with the Kern County Fire Department. c) A plan for the disposal of drainage waters originating on-site and from adjacent road rights-of-way shall be subject to review and approval by the California City Engineer. Easements or grant deeds shall be conveyed to the City for drainage purposes or access thereto, as deemed necessary by the City Engineer. d) The Project shall conform to all the requirements and provisions of the California City Municipal Code Title 8, Chapter 11 Flood Damage Prevention Ordinance.

e) The Project applicant shall consult with the City Engineer/ Public Works Department and if required, obtain an encroachment permit, at locations to be designated by the Public Works Department, to construct paved private road approaches to prevent damage to publicly maintained roads. Any required improvements shall comply with Municipal Code requirements and adopted standard details and shall be performed by the Project applicant at no cost to the City. f) All survey monuments shall be tied out by a licensed land surveyor. A corner record for each monument or record of survey shall be submitted by the Project applicant to the County Surveyor for the review and processing per 8771 of the Professional Land Surveyor's Act. 9. Prior to final inspection signoff and occupancy approval, the following conditions shall be completed and shall be continuously maintained by the Project applicant and subject periodic inspection by the building inspector while this permit is active: a) All easements shall be kept open, clear, and free from buildings and structures of any kind. All obstructions, including utility poles and lines, trees, pole signs, or similar obstructions, shall be removed from the ultimate road rights-of-way. Compliance with this requirement is the responsibility of the applicant and may result in significant financial expenditures. b) All parking, staging and maneuvering areas for vehicles and construction equipment shall be treated in a manner to continuously prevent blowing dust. c) Any Project related signs on or off the premises shall be approved by the Planning Director or designee prior to installation. d) Any areas devoted to outside storage shall be treated with a dust binder or other dust control measure, as approved by the California City Planning Director or designee. 10. This use permit shall become null and void if the use authorized has not been activated within a five (5) year period of time of the approval of said permit, unless an extension of time has been granted by the decision-making authority, upon written request before expiration of the five (5) year period. 11. The Planning Commission may revoke this conditional use permit for violation(s) of the California City Municipal Code or failure to comply with the permit conditions. The Planning Director shall send Notice of revocation to the persons responsible for compliance. The same notice and hearing procedure shall be used for revocation as for consideration of a conditional use permit. The Commission shall consider the revocation. The Commission may revoke the permit or take such action as may be necessary to ensure compliance. 12. Prior to submittal of plans for building permit plan check, the project applicant shall provide irrevocable offers of dedication for road right of ways to the City along section and midsection lines within the Project boundary limits as determined necessary by the City Engineer. Offers of dedication may be submitted with each corresponding phase of construction and permit application.

PASSED, APPROVED, AND ADOPTED this 16th day of August 2022, ______________________________________ Chair of the Planning Commission ATTEST: __________________________________ Secretary of the Planning Commission STATE OF CALIFORNIA ) ) SS. COUNTY OF KERN ) I, ______________, hereby certify that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of California City held on August 16, 2022, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ______________________________________ Secretary of the Planning Commission

Attachment 3 Exhibit “A” CEQA 15091 Findings of Fact, Kudu Solar Project Page 1 of 31 SECTION I. INTRODUCTION The following findings of fact are based in part on the information contained in the Draft and Final Environmental Impact Report (EIR) for the Kudu Solar Project (project or proposed project), as well as additional facts found in the complete record of proceedings. The Final EIR is hereby incorporated by reference and is available for review at the Kern County Planning and Natural Resources Department, 2700 “M” Street, Suite 100, Bakersfield, California 93301, during normal business hours, and is also available on the Planning and Natural Resources Department’s website. In addition, the project EIR incorporates Eland 1 Solar Project Supplemental Environmental Impact Report (SEIR) (State Clearinghouse No. 2012011029) to address the impact analysis and mitigation for the project generation-tie (gen-tie) line. As described in the project EIR, the incorporation of the Eland 1 Solar Project SEIR satisfy the conditions under CEQA Guidelines Section 15150 for an EIR to incorporate a document by reference. The Eland 1 Solar Project SEIR is available for review at the Kern County Planning and Natural Resources Department, 2700 “M” Street, Suite 100, Bakersfield, California 93301, during normal business hours, and is also available on the Planning and Natural Resources Department’s website. SECTION II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT The Kern County Planning and Natural Resources Department issued a Notice of Preparation (NOP) of a EIR for the project. Based on the Initial Study and NOP, a determination was made that the Final EIR would contain a comprehensive analysis of environmental issues identified in Appendix G of the California Environmental Quality Act (CEQA) Guidelines except for those scoped out during the NOP and Initial Study. With respect to all impacts identified as “less than significant” or as having “no impact” in the Final EIR, the Planning Commission finds that those impacts have been described accurately and are less than significant or have no impact. Despite concluding that certain impacts would be less than significant or would have no impact, the Final EIR nevertheless incorporates mitigation measures in the form of complying with the goals, policies, and implementation measures of the California City General Plan, Conditional Use Permit (CUP) requirements, or other adopted regulations. The Planning Commission finds that these effects are less than significant or have no impact before and after implementation of these mitigation measures. Some impacts in the EIR were found to be “significant” but were able to be mitigated to less- than-significant levels, and others were found to be “significant and unavoidable.” The Planning Commission finds that those impacts have been described accurately and are either less than significant with the implementation of mitigation or are significant and unavoidable.

Attachment 3 Exhibit “A” CEQA 15091 Findings of Fact, Kudu Solar Project Page 2 of 31 AESTHETICS Significant Effect The project would create a new source of substantial light or glare which would adversely affect daytime or nighttime views in the area (Impact 4.1-4). Description of Significant Impact As discussed in Section 4.1, Aesthetics, of the EIR, construction of the project would generally occur during daytime hours; however, non-daylight hours may be necessary at times to make up for unanticipated schedule delays or to complete critical construction activities. Lighting would be designed to provide the minimum illumination needed to achieve safety and security objectives and would be directed downward and shielded to focus illumination on the desired areas only and to minimize light trespass, or spillover, in Impacts resulting from lighting would be minimized through compliance with all development standards, the California City Zoning Ordinance, and the goals, policies, and implementation measures of the General Plan. Therefore, impacts related to lighting would be less than significant. With respect to glare impacts during operation, glare would be produced by sunlight reflecting off the glass surfaces of the solar modules. Although the project may produce glare, it is not expected to cause extreme visual discomfort or impairment of vision for residents because the panels are designed to absorb as much sunlight as possible and, therefore, would have minimal reflectivity. Similarly, and due to their low reflectivity, the panels would not be expected to cause visual impairment for motorists on area roadways. To reduce glare potential, the project would be required to implement Mitigation Measures MM 4.1-6CC and MM 4.1-7CC, which require the proponent to demonstrate the solar panels and hardware are designed to minimize glare and the use of non-reflective materials when feasible, respectively. With implementation of these mitigation measures, impacts would be less than significant. Finding The project has the potential to create a new source of substantial light or glare that would adversely affect day or nighttime views in this area. However, implementation of Mitigation Measures MM 4.1-5CC through MM 4.1-7CC, would reduce this impact to a less-than-significant level. Level of Significance With implementation of Mitigation Measures MM 4.1-5CC through MM 4.1-7CC, impacts would be less than significant. Brief Explanation of the Rational for Finding CEQA requires that all feasible and reasonable mitigation be applied to the project to reduce impacts. Implementation of Mitigation Measures MM 4.1-5CC through MM 4.1-7CC would reduce impacts to a less-than-significant level.

Attachment 3 Exhibit “A” CEQA 15091 Findings of Fact, Kudu Solar Project Page 3 of 31 Significant Effect The project would, in nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings. (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, the project would conflict with applicable zoning and other regulations governing scenic quality. (Impact 4.1-3). Description of Significant Impact Construction activities associated with the project would involve vegetation clearing and ground disturbance and would create temporary changes in views of the project site. The influx of construction vehicles, equipment, and worker vehicles would create visible contrast within the natural and undeveloped setting of the project site. The visual effects associated with the presence of construction vehicles, equipment, and workers in the project area landscape would be limited in duration and would be spatially limited at any given time to the active area of construction. Therefore, impacts to existing visual character or quality of the project site and surrounding area during construction of the project would be less than significant. As analyzed in Section 4.1, Aesthetics, implementation of the project would result in adverse visual change and potentially significant impacts on the existing visual character and scenic quality from public views near the project site. With distance, the effects associated with removal of vegetation from the project site would be masked by dense groupings of solar arrays. Similarly, thousands of solar arrays viewed from a distance would begin to appear like other dark tones associated with distant terrain in the landscape. However, visual change would be evident from Phillips Road, Neuralia Road, the California City Municipal Airport, and SR 14. Even with distance and diminished visibility, the visual change associated with the introduction of approximately 1,955 acres of solar development on currently undeveloped desert terrain would likely attract attention. Further, the introduction of thousands of solar panels, the operations and maintenance (O&M) facilities, the energy storage facilities, and the collection lines supported by up to 150-foot-high monopoles, as discussed in the Eland 1 Solar Project Supplemental Environmental Impact Report (State Clearinghouse No. 2012011029), would increase the footprint of solar and electrical transmission development in the Fremont Valley. Solar and other renewable energy developments are generally concentrated to the west of SR-14, and the project would introduce additional manufactured elements where they do not currently dominate the landscape, resulting in significant aesthetic impacts. Mitigation Measures MM 4.1-1CC through MM 4.1-4CC would reduce visual impacts associated with the proposed project to the extent feasible by including requirements to: provide ongoing site maintenance including trash and debris removal; preserve and enhance scenic vegetation where possible; install visually screening features that would limit the visibility of project features; minimize color contrast through the selection of appropriate paint colors and surface treatments for project facilities; and limit impacts from the location of tall, intrusive project facilities near public viewing areas. However, because there are no feasible mitigation measures that can be implemented to maintain

Attachment 3 Exhibit “A” CEQA 15091 Findings of Fact, Kudu Solar Project Page 4 of 31 the existing open and undeveloped desert landscape character of the project site, impacts to visual resources would remain significant and unavoidable. Therefore, impacts to visual character would remain significant and unavoidable despite implementation of these mitigation measures. Finding The project has the potential to substantially degrade the existing visual character or quality of the site and its surroundings. However, even with implementation of Mitigation Measures MM 4.1-1CC through MM 4.1-4CC, impacts would not be reduced to less-than-significant levels. Level of Signifi