09/01/2022 Director Hearing SPR 20-16, SPR 22-23, SPR 22-30

NOTICE OF DIRECTOR’S HEARING TO CONSIDER SITE PLAN REVIEW FOR SPR 20-16 UBAN LEAF /APN 206-031-10 & 206-031-11, SPR 22-23 RV DUMP STATION /APN 227-010-03, SPR 22-30 HYUNDAI /APN 235-243-05 BY THE CITY OF CALIFORNIA CITY NOTICE IS HEREBY GIVEN that a public meeting will be held by the Planning Department to consider a requested approval for proposed Site Plan Review SPR 20-16, SPR 22-23, SPR 22-30. The purpose of this hearing is to provide approval to the site plan and/or approve the NOD. To allow for public participation the meeting join via Zoom only https://us06web.zoom.us/j/87581033232 Meeting ID: 875 8103 3232 One tap mobile: +12532158782,,84255325719# US (Tacoma)Dial by your location: +1 253 215 8782 US (Tacoma) PUBLIC MEETING INFORMATION Thursday, September 1, 2022, at 3:00 p.m. – Director’s Hearing. The public hearing notice for SPR 20-16, SPR 22-23, SPR 22-30 was published on city website and at City Hall. PERSONS WISHING TO BE HEARD on this matter are encouraged to submit their comments in writing to the undersigned on or before the public meeting date specified herein. Questions may be directed to the City Clerk at cityclerk@californiacity-ca.gov or call 760-373-7140.

Site Plan Review 20-16 - Director’s Hearing DATE: FROM: September 1, 2022 Doug Dunford, City Manager/Acting Planning Director APPLICANT: Michael Ellison, Growth National Investment Group POJECT NAME: Urban Leaf PUBLIC HEARING: Thursday, September 1, at 3:00 p.m. – Director’s Hearing. The public hearing notice for SPR 20-16 was sent out on August 29, 2022. PROJECT OVERVIEW: SPR 20-16 consists of a 17,527 square foot (SF) greenhouse with flooring, a 9,352 SF indoor cultivation building, and a 5,025 SF manufacturing building on a 2.0-acre (87,120 SF) site located on Redwood Blvd approximately 1100 feet east of Isabella Blvd, Assessor Parcel Number (APNs 206-031-10 and 206-031- 11). ENVIRONMENTAL (CEQA): The lead agency has determined that the project qualifies for a Class 32 categorical exemption pursuant to CEQA Guidelines section 15332-Infill Development Projects. The CEQA determination is further described in this staff report under Section 1-Environmental Review Findings, and Exhibit B-CEQA Determination. RECOMMENDATION: The 2.0-acre (87,120 SF) site has the 1.2 - Light Industrial and Research land use designation and is within the M1- Light Industrial zoning district. The M1 zone is compatible under the Light Industrial and Research land use designation and the proposed project is permitted by-right pursuant to California City Municipal Code section 9-2.2903-Location and Design of Cannabis Businesses. The City, as lead agency has determined that the project is in full compliance with CEQA. The site will be constructed and operated in compliance with all applicable development standards, conditions of approval, and mitigation measures. Therefore, staff recommends that the Director approve Site Plan Review SPR 20-16 and the categorical exemption, as required for the applicant to secure the Department of Cannabis Control (DCC) license for the proposed commercial cannabis business.

DIRECTOR’S DETERMINATION 2020-16 A DETERMINATION OF THE PLANNING DIRECTOR OF THE CITY OF CALIFORNIA CITY APPROVING SITE PLAN REVIEW 20-16 FOR MICHAEL ELLISON, GROWTH NATIONAL INVESTMENRT GROUP AT APNs 206-031-10 AND 206-031-11. WHEREAS, the City of California City (City) has received an application from Michael Ellison, Growth National Investment Group (Applicant) for the project to be located at APNs 206-031-10 and 206- 031-11 as further described in the Project Description provided as Attachment A to this Determination; and, WHEREAS, the applicant is requesting the following approvals: Site Plan Review and CEQA Class 32 categorical exemption; and, WHEREAS, a Director’s Hearing for this item publicly noticed on August 29, 2022; and, WHEREAS, a Director’s Hearing was conducted on 3:00 P.M. on September 1, 2022, to hear this item; and, WHEREAS, the City has analyzed the proposed project and determined it is consistent with adopted policies, regulations and standards applicable to the proposed project; and WHEREAS, an analysis of the potential environmental impacts has been completed and, based on the evidence of this analysis a CEQA Class 32 categorical exemption has been prepared. NOW, THEREFORE, THE PLANNING DIRECTOR OF THE CITY OF CALIFORNIA CITY DOES HEREBY FIND AND DETERMINE: SECTION 1: ENVIRONMENTAL REVIEW FINDINGS The Planning Director determines that the proposed project qualifies for a Class 32 categorical exemption pursuant to CEQA Guidelines section 15332-Infill Development Projects. Class 32 consists of projects characterized as in-fill development meeting the conditions described below. a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. a. The project site has the 1.2 - Light Industrial and Research land use designation and is within the M1- Light Industrial zoning district. The M1 zone is compatible under the Light Industrial and Research land use designation and the proposed project is permitted by-right pursuant to California City Municipal Code section 9-2.2903-Location and Design of Cannabis Businesses. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. b. The project site located on Redwood Blvd approximately 1,100 feet east of Isabella Blvd and 1,400 feet to the west of Neuralia Road, Assessor Parcel Number (APNs 206-031-10 and 206-

031-11), within California City limits and is 2.0-acres (87,120 SF) in area. The California City General Plan indicates that the project site is located in the central core of the City and has available infrastructure, public facilities, and public services and that in-fill development should be encouraged to the maximum extent. c) The project site has no value as habitat for endangered, rare or threatened species. c. A site-specific biological survey confirmed the following – “The site has no value for habitat of rare, threatened or endangered species. The site's dominant vegetation is non-native grasses and is highly disturbed.” (Biological Resource Assessment, Mark Hagan, 2017). d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. d. Estimated water use is one million gallons per year, and no pesticides or hazardous materials will be used. Noise and light impacts will be mitigated by limiting hours of operation and by block wall filtration systems designed to control odors. All regulations and applicable policies from the various agencies (i.e., East Kern Air Quality Control District, Lahontan Water Quality Control Board, the City of California City General Plan) will be followed preventing any significant impacts to traffic, noise, air quality, or water quality. The Municipal Code, City of California City, California, Title 5 – Public Welfare, Chapter 6, Medical Cannabis Related Businesses and Activity provides clear requirements to operating cannabis facilities in the City of California City (California City 2018). Following these requirements along with the relatively small size of the project further ensures no significant environmental impacts are possible to occur because of this project. e) The site can be adequately served by all required utilities and public services. e. The California City General Plan indicates that the project site is within the central core of the City and has available infrastructure, public facilities, and public services and that in-fill development should be encouraged to the maximum extent. The site can be adequately served by all required utilities and public services. SECTION 2: SITE PLAN REVIEW FINDINGS 1. The development will not be detrimental to the harmonious and orderly growth of the City. The 2.0-acre (87,120 SF) project site (APNs 206-031-10 and 206-031-11) has the 1.2 - Light Industrial and Research land use designation and is within the M1- Light Industrial zoning district. The M1 zone is compatible under the Light Industrial and Research land use designation and the proposed project is permitted by-right pursuant to California City Municipal Code section 9-2.2903-Location and Design of Cannabis Businesses. The project will be completed in full compliance with the General Plan, zoning code, development standards, and conditions of approval. Therefore, the project would not be detrimental to the harmonious and orderly growth of the City. 2. The development will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare.

The Project proposes industrial, and manufacturing uses which are consistent with the underlying M- 1 (Light Industrial Zoning District). The M-1 Zone is designated for service industrial and manufacturing uses and neighborhood commercial facilities and land uses, which do not have potential for detrimental impacts on surrounding properties. As such, the surrounding zoning patterns are consistent with the land use expansion visions associated with the City’s General Plan. Therefore, the project will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare. 3. The development meets all applicable standards as adopted by the Planning Commission and City Council, conforms to the General Plan, Zoning Ordinance and other municipal codes. The 2.0-acre (87,120 SF) project site (APNs 206-031-10 and 206-031-11) has the 1.2 - Light Industrial and Research land use designation and is within the M1- Light Industrial zoning district. The M1 zone is compatible under the Light Industrial and Research land use designation and the proposed project is permitted by-right pursuant to California City Municipal Code section 9-2.2903-Location and Design of Cannabis Businesses. The project will be completed in full compliance with the General Plan, zoning code, development standards, and conditions of approval. Therefore, the development meets all applicable standards as adopted by the Planning Commission and City Council, conforms to the General Plan, Zoning Ordinance and other municipal codes. SECTION 3: RECORD OF PROCEEDING The documents and other materials that constitute the record of the proceedings upon which the Director’s Determination is based, which include, but are not limited to, the environmental documents, staff reports, as well as all materials that support the staff reports for the proposed project, are located in the Planning and Building Department of the City of California City at 21000 Hacienda Blvd. California City, CA 93505. The custodian of these documents is the City Clerk of the City of California City. SECTION 4: DETERMINATION Based upon the findings outlined in Sections 1 through 3 above, the Planning Director of the City of California City does hereby approve Director’s Determination 2020-16 (SPR 20-16), Assessor’s Parcel Numbers 206-031-10 and 206-031-11, as described in “Exhibit A,” consistent with the CEQA determination provided as “Exhibit B” and subject to conditions of approval provided as “Exhibit C.” I HEREBY CERTIFY that the foregoing determination was duly approved on the 1 st day of September 2022. __________________________ City Manager/Acting Planning Director Doug Dunford ATTEST:

Exhibit A: Project Description Location: The 2.0-acre (87,120 SF) project site consists of vacant land located on Redwood Blvd approximately 1,100 feet east of Isabella Blvd and 1,400 feet to the west of Neuralia Road, Assessor Parcel Numbers (APNs 206- 031-10 and 206-031-11) in Section 35, Township 32, Range 37 East. Site Description: The 2.0-acre (87,120 SF) project site has the 1.2 - Light Industrial and Research land use designation and is within the M1- Light Industrial zoning district. The M1 zone is compatible under the Light Industrial and Research land use designation and the proposed project is permitted by-right pursuant to California City Municipal Code section 9-2.2903-Location and Design of Cannabis Businesses. The project site is surrounded by the following land use designations and zoning districts, which also extend to an approximately one-half mile radius of the project site. Direction Land Use Zoning North High Density Residential Multiple Family Residential (RM1) East Light Industrial and Research Light Industrial (M1) South Light Industrial and Research Light Industrial (M1) West Light Industrial and Research Light Industrial (M1) Site Improvements: The proposed project includes a 17,527 square foot (SF) greenhouse with flooring, a 9,352 SF indoor

cultivation building, and a 5,025 SF manufacturing building on a 2.0-acre (87,120 SF) site located on Redwood Blvd approximately 1100 feet east of Isabella Blvd, Assessor Parcel Number (APNs 206-031-10 and 206-031-11). The project site plan includes a 30-space parking lot, a storm water retention basin, an 8-foot CMU block wall with security gate, fire access and fire hydrants. The site will connect to utilities, including communications, water, sewer, electric, and natural gas and sewer in Redwood Blvd. Project Operations: The estimated number of employees will be 15 on a daily basis. One truck per day is estimated for transporting supplies and products. Estimated Trip Generation: The Kern County Council of Governments (KERNCOG) is the County’s Congestion Management Agency. The KERNCOG prepares and periodically updates the County’s CMP to meet federal Congestion Management System guidelines and state CMP legislation. The most recent CMP is included within KERNCOG’s Long Range Transportation Plan (LRTP), which was completed in April 2012. According to Appendix A of the LRTP, and the 2011 Kern County Congestion Management Program, Highway 14 and Highway 58 are the only roads in proximity to the Project site listed as part of the CMP System of Highways and Roadways. These roads are not directly adjacent to the Project site. Thus, the Project will not conflict with a CMP due to the distance between the Project site and these covered roadways and the trips have been accounted for in the General Plan. Water Sources: California City Water Department provides domestic water and wastewater service in the project vicinity. The City provides approximately 4,410 active service water connections to its incorporated area (203 square miles). The City maintains approximately 313 miles of water main lines ranging in size from 4 to 21 inches in diameter, and a 20-inch transmission line connects the City wells to the reservoirs located in the foothills. The project anticipates a waterline extension from the existing main line in Redwood Blvd.

Wastewater Treatment: The California City Water Department provides sewer services to the city and the project site. The City's wastewater system consists of numerous gravity lines and lift stations. The Wastewater Operations Division provides maintenance of all wastewater collection and transportation and oversees the treatment for the City in addition to monitoring and implementation of wastewater regulations. According to the California City Urban Water Management Plan Update 2017, California City owns and operates 1.5 million gallons per day (MGD) extended aeration activated sludge tertiary treatment facility (WWTP) and all domestic sewer collection systems within the City limits. The existing California City Wastewater Treatment Facility, located at 10835 Nelson Drive, is designed to treat an average flow of 1.5 MGD and peak flow of 3.0 MGD. A city-maintained sewer line currently lies within Redwood Blvd, the project proposes to connect to the existing infrastructure which will provide service to the project site. Environmental Setting Site Characteristics: The 2.0-acre (87,120 SF) project site consists of vacant land located located on Redwood Blvd approximately 1,100 feet east of Isabella Blvd and 1,400 feet to the west of Neuralia Road, Assessor Parcel Number (APNs 206-031-10 and 206-031-11) in Section 35, Township 32, Range 37 East. There are existing commercial facilities located 200-feet southwest of the project site, and 930-feet east of the project site. Neuralia Road is a designated arterial road which is part of the arterial system that serves the major centers of activity within the urbanized areas of California City. East of Neuralia Road is a major residential center consisting of single-family homes (Califomia City General Plan). Natural Characteristics: A line transect survey was conducted on November 6, 2017 to inventory biological resources. The proposed project area was characteristic of a highly disturbed field. A total of thirteen plant species and ten wildlife species or their sign were observed during the line transect survey. No desert tortoises (Gopherus agassizii) or their sign were observed within the study area. The study area did not appear to be suitable habitat to support desert tortoises. The proposed project site was located within the geographic range of the Mohave ground squirrel (Xerospermophilus mohavensis). No Mohave ground squirrels were detected visually or audibly during the field survey. The study site did not appear to be suitable habitat for the Mohave ground squirrel. No burrowing owls (Athene cunicularia) or their sign were observed during the field surveys. IGlifomia ground squirrel burrows (Citellus beecheyi) were observed within the study area. No bird nests were observed within the study site. No desert kit fox (Vulpes macrotis) or their sign were observed within the study area. No sensitive plants, specifically, alkali mariposa lily (Calochortus striatus), desert cymopterus (Cymopterus deserticola), and Barstow woolly sunflower (Eriophyllum mohanense) are expected to occur within the study area due to lack of suitable habitat. No other state or federally listed species are expected to occur within the proposed project area. No blue line streams or washes were indicated in this area on the U.S.G.S. topographic maps. No washes were observed within the study area. (Biological Resource Assessment, Mark Hagan, 2017). Solid Waste: All solid waste will be removed from the site by a private licensed contractor. A private contractor will be used for removal of domestic trash.

Commercial waste and recycling collected from the proposed Project will be hauled to the CA City Recycling and Transfer Station (15-AA-0401). Waste from this transfer station is then sent to a permitted landfill or recycling facility within Kern County. These include Bena, Boron, Mojave-Rosamond, Ridgecrest, Shafter-Wasco, Taft, and Tehachapi Landfills. Cal Recycle data indicates that these landfills have 3 to 90- percent (%) of their remaining estimated capacity, with the Mojave-Rosamond Sanitary Landfill having the lowest remaining capacity, 3-percent (%), and the Boron Sanitary Landfill with approximately 90-percent (%) remaining capacity. Additionally, solid waste generated by a medical marijuana facility would be minimal and would comply with all cannabis waste regulations. Utilities:  Electricity: The property will be served by existing electric utilties in Redwood Blvd.  Natural Gas: The property will be served by existing natural gas utilties in Redwood Blvd.  Communications: The property will be served by existing communication utilties in Redwood Blvd.  Storm water drainage: The Project is served by the City public works department. No expansion of service is anticipated. Environmental Commitments: An Initial Study (IS) was completed for SPR 20-16, and the lead agency determined that the project qualifies for a Class 32 categorical exemption pursuant to CEQA Guidelines section 15332-Infill Development Projects. Therefore, mitigation measures are not required.

Exhibit B: CEQA Determination The lead agency has determined that the project qualifies for a Class 32 categorical exemption pursuant to CEQA Guidelines section 15332-Infill Development Projects. Therefore, staff recommends that the Director approve Site Plan Review SPR 20-16 and the CEQA Class 32 categorical exemption, as required for the applicant to secure the Department of Cannabis Control (DCC) license for the proposed commercial cannabis business.

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

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

cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or his/her designee(s) determine is a more effective method or technology:(1)An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;(2)An air system that creates negative air pressure between the cannabis business's interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business. (CCMC 5-6.906(h)) 16. The City's Police Department, Fire Department, Code Enforcement and Building Department, and Finance Department are charged with enforcing the provisions of the California City Municipal Code, or any provision thereof, may enter the location of a cannabis business at any time during the hours of operation without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law. (CCMC 5-6.1405(a)) 17. Prior to commencing operations, a cannabis business must obtain a certification from the Building Department certifying that the business is located on a site that meets all of the requirements of Title 9 of the California City Municipal Code. Prior to Issuance of Building Permit 18. This project is conditioned upon the Developer defending, indemnifying and holding harmless the City, its agents, officers, consultants, and /or employees. (Add this note to cover sheet of construction plans). 19. The safety and security of the project must satisfy Local, County, State, Federal ordinances, California Building Code, and California Occupational Safety and Health Association (CAL/OSHA). 20. This project is subject to applicable District, Local, City, County, State, And Federal statutes, ordinances, regulations, standards and policies. 21. The developer shall obtain necessary permits and/or approvals from all agencies having jurisdiction over property being mapped. 22. Utilities shall be installed underground in accordance with each of the utility company requirements and with the City requirements. 23. The Developer shall dedicate public utility easements within the development where required by the City and affected utilities. 24. Provide current Title Report (30 days or less) in PDF format with links to all recorded documents affecting property. Show all easements on plans. 25. A Parcel Merger, merging APN numbers 206-031-10 and 206-031-11 shall be recorded prior to issuance of final certificate of occupancy. 26. Improvements shall comply with current American with Disabilities Act (ADA) Standards and regulations. (All facilities to provide ADA access). Plans sections and details to show compliance. 27. Provide Dust Control Plan per California City Municipal Code Ordinance: Title 6, Chapter 6 (Land Clearing Activities).

28. The Developer shall provide documentation from the Division of Oil and Gas addressing the proximity of abandoned well locations. Any structures or roadways shall be set back per requirements of the Division of Oil and Gas. (661-322-4031). 29. The project to comply with East Kern Air Pollution Control District (661-862-5250) and City regulations regarding the reduction of air emissions resulting from the project. Provide letter of authorization to construct and compliance with PM10 (fugitive dust) regulation. 30. Provide Dust Control Plan per California City Municipal Code Ordinance: Title 6, Chapter 6 (Land Clearing Activities). 31. Provide Preliminary Soils Report to address all improvements. All improvements to include buildings/paving/concrete structural sections, sump percolation per Kern County Standards, utility trenches and chemical reactivity. 32. Provide on-site sewage disposal system study and design to satisfy City’s “LAMP” requirements. Sewage disposal system for domestic sewage only. On-site sewage system shall be shown on the plans submitted to the City. 33. Provide on-site storm water retention. Provide storm water runoff study for the 10-year 5-day storm event per Kern County Standards. Verify the capacity of the sump(s) 1’ freeboard, where incremental drainage runoff due to the development is to be retained. Show location and detail of the overflow condition to street right of way. See Kern County Development Standards, Division 4, Chapter IX. 34. Provide percolation testing at the location of the proposed sump, per Kern County Section 408-8.02. 35. The City’s Municipal Code Section 9-2.209 requires asphalt concrete paving for all parking lots, driveways, and other vehicular traveled/access ways. 36. The developer shall submit a grading plan for the proposed site to be review and approved by the City. 37. With the grading plan the developer shall prepare a SWPPP/BMP’s and retain copy at the construction site to follow all SWPPP and BMP’s practices. a. Projects which disturb one (1) acre or more of land: The Developer shall provide a Storm Water Pollution Prevention Plan (SWPPP) that has been designed, specific to its site, conforming to the State Storm water NPDES Construction Permit. The plan shall be prepared by a Qualified SWPPP Developer/Practitioner. No State permit is required – Not required to submit to the SMARTS system. The SWPPP shall be submitted to the City for review and approval. b. Projects which disturb less than one (1) acre of land shall prevent the loss of soil or pollution of stormwater runoff from construction activities through site-specific best management practices (BMPs). No grading shall be done until an Erosion Control Plan with BMP’s has been reviewed by the enforcement agency (City of California City). 38. Provide calculations per 2019 California Building Code and ASCE 7-10 for 8’ masonry wall/chain link fence. All footings shall be clear of City’s road right-of-way and property lines. Masonry walls shall be sealed with an approved anti-graffiti sealer.

39. Provide copies of complete set of Civil on-site/off-site improvement plans signed by a California Registered Civil Engineer. 40. Provide complete Engineer’s Cost Estimate per the project’s improvement plans signed by a California Registered Civil Engineer. Use current Kern County Development Standards Division Seven Sec. 701-1 to Sec. 702-9, available at: https://kernpublicworks.com/building-anddevelopment/ engineering/development-standards/division-seven-construction-security/. The Engineer’s Estimate shall include a contingency factor, per the Kern County Standards Division 7, to compensate for the effect of inflation and any changes in construction during the life of the project. Applicant agrees to all above conditions. Applicant understands that no certificate of occupancy will be issued unless all above conditions have been met. Applicant Signature Date

Site Plan Review 22-23 - Director’s Hearing DATE: FROM: September 1, 2022 Doug Dunford, City Manager/Acting Planning Director APPLICANT: Inge Elmes, OHV Manager PUBLIC HEARING: Thursday, September 1, 2022, at 3:00 p.m. – Director’s Hearing. The public hearing notice for SPR 22-23 was sent out on August 29, 2022. PROJECT OVERVIEW: SPR 22-23 is for a recreation vehicle (RV) dump station consisting of five 70-foot long by 8-foot-wide concrete curb islands with dump stations, pull-through lanes, aggregate base drive aisles, paved entrance and exit, roll-off trash receptacles, and non-potable water bibs, on a 2.5-acre (108,900 SF) site located north of Twenty Mule Team Parkway, Assessor Parcel Number (APN 227-010-03). ENVIRONMENTAL (CEQA): Technical studies were completed for SPR 22-23, and the lead agency determined that the project qualifies for a Class 3 categorical exemption pursuant to CEQA Guidelines section 15303-New Construction or Conversion of Small Structures. The CEQA determination is further described in this staff report under Section 1-Environmental Review Findings, and Exhibit B-CEQA Determination. RECOMMENDATION: The City, as lead agency has determined that the project is in full compliance with CEQA. The site will be constructed and operated in compliance with all applicable development standards, conditions of approval, and mitigation measures. Therefore, staff recommends that the Director approve Site Plan Review SPR 22-23 and the CEQA Class 3 categorical exemption.

DIRECTOR’S DETERMINATION 2022-23 A DETERMINATION OF THE PLANNING DIRECTOR OF THE CITY OF CALIFORNIA CITY APPROVING SITE PLAN REVIEW 22-23 FOR INGE ELMES, OHV MANAGER AT APN 227-010-03 WHEREAS, the City of California City (City) has received an application from Inge Elmes, OHV Manager (Applicant) for the project to be located on a portion of APN 227-010-03 as further described in the Project Description provided as Exhibit A to this Determination; and, WHEREAS, the applicant is requesting the following approvals: Site Plan Review and CEQA Class 3 categorical exemption; and, WHEREAS, a Director’s Hearing for this item was publicly noticed on August 29, 2022; and, WHEREAS, a Director’s Hearing was conducted at 3:00 P.M. on September 1, 2022, to hear this item; and, WHEREAS, the City has analyzed the proposed project and determined it is consistent with adopted policies, regulations and standards applicable to the proposed project; and WHEREAS, an analysis of the potential environmental impacts has been completed and, based on the evidence of this analysis a CEQA Class 3 categorical exemption has been prepared. NOW, THEREFORE, THE PLANNING DIRECTOR OF THE CITY OF CALIFORNIA CITY DOES HEREBY FIND AND DETERMINE: SECTION 1: ENVIRONMENTAL REVIEW FINDINGS The Planning Director determines that the proposed project qualifies for a Class 3 categorical exemption pursuant to CEQA Guidelines section 15303-New Construction or Conversion of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures, and complies with the CEQA criteria described below. The exceptions to the Class 3 exemption, as stated in CEQA Guidelines section 15300.2 do not apply to the project or site. Specifically, a Cultural Resources Report (Bruce Love Consulting, 5/18/22) and a Biological Resource Assessment (Mark Hagan, 5/17/22) confirmed that the site is not located in a sensitive environment. The project will have no cumulative impacts when combined with successive projects of the same type in the same place over time. The project site has no unusual circumstances, will not damage a state scenic highway, is not located on a hazardous waste site, and will not cause a substantial adverse change in the significance of a historical resource. Therefore, the project meets the criteria for a Class 3 categorical exemption pursuant to CEQA Guidelines section 15303-New Construction or Conversion of Small Structures.

SECTION 2: SITE PLAN REVIEW FINDINGS 1. The development will not be detrimental to the harmonious and orderly growth of the City. The 2.5-acre (108,900 SF) project site (APN 227-010-03) has the Controlled Development General Plan designation and is within the Open Space/Residential Agricultural (O/RA) zoning district. The proposed project is a conditional use in the RA zoning district, and the applicant has filed Conditional Use Permit application No. CUP 22-02 which will be reviewed for approval by the Planning Commission. The project will be completed in full compliance with the General Plan, zoning code, development standards, and conditions of approval. Therefore, the project would not be detrimental to the harmonious and orderly growth of the City. 2. The development will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare. The City of California City plans to design and construct a new RV dump station to serve recreational vehicles (RV’s) in support of the OHV Rider program. The project is located on Twenty Mule Team Parkway, between the existing dump station #01 and the prison. The site is vacant and surrounded by vacant land and is currently being used as a vehicle pull-off area from the busy Twenty Mule Team Parkway. The proposed project does not have potential for detrimental impacts on surrounding properties and the surrounding zoning patterns are consistent with the land use expansion visions associated with the City’s General Plan. Therefore, the project will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare. 3. The development meets all applicable standards as adopted by the Planning Commission and City Council, conforms to the General Plan, Zoning Ordinance and other municipal codes. The 2.5-acre (108,900 SF) project site (APN 227-010-03) has the Controlled Development General Plan designation and is within the Open Space/Residential Agricultural (O/RA) zoning district. The proposed project is a conditional use in the RA zoning district, and the applicant has filed Conditional Use Permit application No. CUP 22-02 which will be reviewed for approval by the Planning Commission. The project will be completed in full compliance with the General Plan, zoning code, development standards, and conditions of approval. Therefore, the development meets all applicable standards as adopted by the Planning Commission and City Council, conforms to the General Plan, Zoning Ordinance and other municipal codes. SECTION 3: RECORD OF PROCEEDING The documents and other materials that constitute the record of the proceedings upon which the Director’s Determination is based, which include, but are not limited to, the environmental documents, staff reports, as well as all materials that support the staff reports for the proposed project, are located in the Planning and Building Department of the City of California City at 21000 Hacienda Blvd, California City, CA 93505. The custodian of these documents is the City Clerk of the City of California City.

SECTION 4: DETERMINATION Based upon the findings outlined in Sections 1 through 3 above, the Planning Director of the City of California City does hereby approve Director’s Determination 2022-23 (SPR 22-23), Assessor’s Parcel Number 227-010-03, as described in “Exhibit A,” consistent with the CEQA determination provided as “Exhibit B” and subject to conditions of approval provided as “Exhibit C.” I HEREBY CERTIFY that the foregoing determination was duly approved on the 1 st day of September 2022. __________________________ City Manager/Acting Planning Director Doug Dunford ATTEST:

Exhibit A: Project Description Location: The 2.5-acre (108,900 SF) project site consists of vacant land located north of Twenty Mule Team Parkway and west of 130 th Street, on Assessor Parcel Number (APN 227-010-03) in Section 15, Township 32 south, Range 38 east. Site Description: The 2.5-acre (108,900 SF) project site is a portion of APN 227-010-03 which is 45.12-acres (1,965,427 SF) in area, has the Controlled Development General Plan designation and is within the Open Space/Residential Agricultural (O/RA) zoning district and is surrounded by the following land use designations and zoning districts, which also extend to an approximately one-half mile radius of the project site. Direction Land Use Zoning North Estate Density Controlled Development and Open Space One-Family Estate Density (R4) Open Space/Residential/Agricultural (O/RA) East Controlled Development and Open Space Open Space/Residential/Agricultural (O/RA) South Estate Density Light Industrial and Research One-Family Estate Density (R4) Light Industrial (M1) West Estate Density One-Family Estate Density (R4) Site Improvements: The proposed project is a recreation vehicle (RV) dump station that will be constructed and operated in California City’s Off Highway Vehicle (OHV) Recreation Area. The site plan includes five 70-foot long by 8- foot-wide concrete curb islands with dump stations, pull-through lanes, aggregate base drive aisles, paved entrance and exit, roll-off trash receptacles, and non-potable water bibs.

A hatch covering a 4-inch riser connected to an underground 6-inch sewer lateral and a non-potable water spigot connected to a 2-inch water lateral is included within each concrete island, and sewer and water lines are available for connections along the southern boundary of the project site. Drive lanes will be constructed between each of the concrete islands and will be approximately 12-feet wide. The concrete islands and lanes will be terraced resulting in a greater separation between the concrete islands. The site will be illuminated with solar powered lights. Project Operations: The proposed dump station will not have on-site employees and will be serviced by the City of California City’s sewer maintenance team. The dump station will be open during daylight hours, seven days a week. Estimated Trip Generation: Approximately 1,500 RVs are projected to use this dump station annually. The Kern County Council of Governments (KERNCOG) is the County’s Congestion Management Agency. The KERNCOG prepares and periodically updates the County’s CMP to meet federal Congestion Management System guidelines and state CMP legislation. The most recent CMP is included within KERNCOG’s Long Range Transportation Plan (LRTP), which was completed in April 2012. According to Appendix A of the LRTP, and the 2011 Kern County Congestion Management Program, Highway 14 and Highway 58 are the only roads in proximity to the Project site listed as part of the CMP System of Highways and Roadways. These roads are not directly adjacent to the Project site. Thus, the Project will not conflict with a CMP due to the distance between the Project site

and these covered roadways and the trips have been accounted for in the General Plan. Water Sources: Water usage is projected to be up to approximately 5,000 gallons of water annually. A non-potable water spigot connected to a 2-inch water lateral is included within each concrete island and water lines are available for connections along the southern boundary of the project site. California City Water Department provides domestic water and wastewater service in the project vicinity. The City provides approximately 4,410 active service water connections to its incorporated area (203 square miles). The City maintains approximately 313 miles of water main lines ranging in size from 4 to 21 inches in diameter, and a 20-inch transmission line connects the City wells to the reservoirs located in the foothills. The project anticipates a waterline extension from the existing 8-inch main line in Yerba Blvd. Wastewater Treatment: Wastewater to be disposed into the City Wastewater Treatment Plant is estimated to be approximately 225,000 gallons annually. A hatch covering a 4-inch riser connected to an underground 6-inch sewer lateral is included within each concrete island and sewer lines are available for connections along the southern boundary of the project site. The California City Water Department provides sewer services to the city and the project site. The City's wastewater system consists of numerous gravity lines and lift stations. The Wastewater Operations Division provides maintenance of all wastewater collection and transportation and oversees the treatment for the City in addition to monitoring and implementation of wastewater regulations. According to the California City Urban Water Management Plan Update 2017, California City owns and operates 1.5 million gallons per day (MGD) extended aeration activated sludge tertiary treatment facility (WWTP) and all domestic sewer collection systems within the City limits. The existing California City Wastewater Treatment Facility, located at 10835 Nelson Drive, is designed to treat an average flow of 1.5 MGD and peak flow of 3.0 MGD. A city-maintained sewer line currently lies within Yerba Blvd, the project proposes to connect to the existing infrastructure which will provide service to the project site. Environmental Setting Information used to complete this section of the staff report was obtained from the Biological Resources Assessment Report dated May 17, 2022, and the Operations Statement provided by the applicant. Site Characteristics: The 2.5-acre (108,900 SF) project site is located north of Twenty Mule Team Parkway and west of 130 th Street, between the existing dump station #01 and the prison. The proposed project area is characteristic of a moderately to highly disturbed creosote (Larrea tridentata) bush scrub plant community. A dirt road forms the northern boundary of the study site. Another dirt road is present north and nearly adjacent to the northern boundary road. Creosote bush (Larrea tridentata) scrub habitat is present north of the dirt road. A dirt and partial asphalt road forms the southern boundary of the study site. Twenty Mule Team Parkway is adjacent to the southern boundary of the study area. A utility pole line was present between the southern boundary and Twenty Mule Team Parkway. The property is located at the following township coordinates: T32S, R38E, the SW1/4 of the NE1/4 of the NW1/4 of Section 15, M.D.B.M. Natural Characteristics: A line transect survey was conducted on March 18, 2022 to inventory biological resources. A total of 16 plant species and 3 wildlife species or their sign were observed during the line transect survey. No desert tortoises

(Gopherus agassizii) or their sign were observed during the field survey. Suitable habitat for desert tortoises was present within and adjacent to the study site. No suitable habitat for Mohave ground squirrels (Xerospermophilus mohavensis) was present within the study site. A Mohave ground squirrel was sighted in 2009 within 1.25 miles (2 km) northwest of the project site. No desert kit foxes (Vulpes macrotis) or their sign were observed within the study area. No American badgers (Taxidea taxus) or their sign were observed within the study site. No burrowing owls (Athene cunicularia) or Le Conte’s trashers (Toxostoma lecontei) were observed during the field survey. Sensitive plants, specifically, Joshua tree (Yucca brevifolia), Barstow woolly sunflower (Eriophyllum mohanense), alkali mariposa lily (Calochortus striatus), or desert cymopterus (Cymopterus deserticola) were not observed during the field survey and are not expected to occur within the study area. Prairie falcons (Falco mexicanus) and other raptors may fly over the site but no suitable nesting site was present within the study site. Suitable vegetation for nesting migratory birds was not present within the study area. No other state or federally listed species are expected to occur within the proposed project area. No ephemeral washes were within the study site during the field survey. Solid Waste: Roll off bins for solid waste will be provided during holiday weekends. Waste Management will provide the bins and dispose of the contents at a permitted landfill or recycling facility within Kern County. Commercial waste and recycling collected from the proposed Project will be hauled to the CA City Recycling and Transfer Station (15-AA-0401). Waste from this transfer station is then sent to a permitted landfill or recycling facility within Kern County. These include Bena, Boron, Mojave-Rosamond, Ridgecrest, Shafter- Wasco, Taft, and Tehachapi Landfills. Cal Recycle data indicates that these landfills have 3 to 90-percent (%) of their remaining estimated capacity, with the Mojave-Rosamond Sanitary Landfill having the lowest remaining capacity, 3-percent (%), and the Boron Sanitary Landfill with approximately 90-percent (%) remaining capacity. Additionally, solid waste generated by a medical marijuana facility would be minimal and would comply with all cannabis waste regulations. Utilities:  Electricity: The property will not require electrical service. The site will be illuminated with solar powered lights.  Natural Gas: The property will not require natural gas service.  Communications: The property will not require telecommunications service.  Storm water drainage: The project is required to provide on-site storm water retention and drainage. Environmental Commitments: Technical studies were completed for SPR 22-23, and the lead agency determined that the project qualifies for a Class 3 categorical exemption pursuant to CEQA Guidelines section 15303-New Construction or Conversion of Small Structures. Therefore, mitigation measures are not required.

Exhibit B: CEQA Determination Technical studies were completed for SPR 22-23, and the lead agency determined that the project qualifies for a Class 3 categorical exemption pursuant to CEQA Guidelines section 15303-New Construction or Conversion of Small Structures. Therefore, staff recommends that the Director approve Site Plan Review SPR 22-23 and the CEQA Class 3 categorical exemption.

Exhibit C: Conditions of Approval PLANNING 1. The applicant shall review, and sign below verifying the “Acceptance of the Conditions of Approval” and return the signed page to California City Planning Department. Project approval is not final until a signed copy of these conditions is filed with the City. 2. The applicant and each successor in interest to the property which is the subject of this application shall indemnify, protect, defend (and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolutions procedures (including but not limited to arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act (CEQA), the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Applicant shall pay all costs of defense, including but not limited to, attorneys’ fees and costs, City Staff time, and City Attorney time. The City shall have sole discretion in selecting its defense counsel. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 3. This Site Plan Approval is valid for twelve (12) months from the date of approval of this Director’s Decision unless an extension is applied for and approved by the Community Development Department. If a grading and/or building permit is issued, the project will remain active for the length of the active permit. Prior to Issuance of Building Permit 4. This project is conditioned upon the Developer defending, indemnifying and holding harmless the City, its agents, officers, consultants, and /or employees. (Add this note to cover sheet of construction plans). 5. The safety and security of the project must satisfy Local, County, State, Federal ordinances, California Building Code, and California Occupational Safety and Health Association (CAL/OSHA). 6. This project is subject to applicable District, Local, City, County, State, And Federal statutes, ordinances, regulations, standards and policies. 7. The developer shall obtain necessary permits and/or approvals from all agencies having jurisdiction over property being mapped. 8. Utilities shall be installed underground in accordance with each of the utility company requirements and

with the City requirements. 9. The Developer shall dedicate public utility easements within the development where required by the City and affected utilities. 10. Provide current Title Report (30 days or less) in PDF format with links to all recorded documents affecting property. Show all easements on plans. 11. Improvements shall comply with current American with Disabilities Act (ADA) Standards and regulations. (All facilities to provide ADA access). Plans sections and details to show compliance. 12. Provide Dust Control Plan per California City Municipal Code Ordinance: Title 6, Chapter 6 (Land Clearing Activities). 13. The Developer shall provide documentation from the Division of Oil and Gas addressing the proximity of abandoned well locations. Any structures or roadways shall be set back per requirements of the Division of Oil and Gas. (661-322-4031). 14. All improvements shall comply with current City of California City and Kern County Development Standards. 15. Show on the plans existing public sewer system location(s). The developer shall install new connection to the public sewer system. This connection shall be shown on the building plans submitted to the City. Sewage disposal for domestic sewage only. No on-site sewage disposal system will be allowed. 16. Show on the plans existing water main line location(s). The developer shall install new connection to the public water system and hydrants. This connection shall be shown on the building plans submitted to the City. 17. The developer shall submit a grading plan for the proposed site to be review and approved by the City. 18. Provide on-site storm water retention. All storm generated on the project site, including the street frontage shall be retained on site. Provide storm water runoff study, for each Phase and for the Ultimate Development, for the 10-year 5-day storm event per Kern County Standards. Verify the capacity of the sump(s) 1’ freeboard, where incremental drainage runoff due to the development is to be retained. Show location and detail of the overflow condition to street right of way. See Kern County Development Standards, Division 4, Chapter IX. 19. Provide percolation testing at the location of the proposed sump, per Kern County Section 408-8.02. 20. With the grading plan the developer shall prepare a SWPPP/BMP’s and retain copy at the construction site to follow all SWPPP and BMP’s practices. 21. Projects which disturb one (1) acre or more of land: The Developer shall provide a Storm Water Pollution Prevention Plan (SWPPP) that has been designed, specific to its site, conforming to the State Storm water NPDES Construction Permit. The plan shall be prepared by a Qualified SWPPP Developer/Practitioner. No State permit is required – Not required to submit to the SMARTS system. The SWPPP shall be submitted to the City for review and approval. Projects which disturb less than one (1) acre of land shall prevent the loss of soil or pollution of stormwater runoff from construction activities through site-specific best management practices (BMPs). No grading shall be done until an Erosion Control Plan with BMP’s has

been reviewed by the enforcement agency (City of California City). 22. Provide Preliminary Soils Report to address all improvements. All improvements to include buildings/paving/concrete structural sections, utility trenches and chemical reactivity. 23. The developer shall be responsible for the installation of street signs, street striping, stop signs, or any other traffic safety devices as required by the City Standards and City Engineer. 24. Storm drain improvements a. Connection to the underground storm drainage system is required if there are existing underground storm drainage facilities within 200 feet from the proposed development. b. Where an underground storm drainage system does not exist within 200 feet of the proposed development, the proje