Agenda, regular meeting — Adelanto City Council, July 27, 2022 (part 2 of 2)

Date
Effluent WEEKLY Influent
255
Section C
Collection System Report
256

PROJECT STATUS REPORT & PROJECTIONS
Project Name: City of Adelanto
Department: Collection System
Month: June 2022
Prepared By: PERC Water Corporation

PROJECT STATUS REPORT
Date Footage Mo/Yr Area Locations That Need Attention
June 2022 4,945 / 7,045 • Trunk line
from Aster &
Vintage
• Monthly enhanced maintenance
areas
TABLE OF CONTENTS:
01) Adelanto Sewer Cleaning 06-22
02) Adelanto Enhanced Maintenance 06-22
03) Adelanto Enhanced Maintenance Annual Log 2022
LIST OF NOTES:
1) On 6-15-22 HDU contractor on site at Muskrat Lift Station to dig up discharge valve for location and if operable.
2) On 6-22-22 PERC staff cleaned the lift station wet well with the Vactor 3) On 6-28-22 PERC staff cleaned the sewer line for 10985 Wilson Ave due to odor complaint. No issue found resident was advised after finding out that odor was coming from an unused restroom that occasionally water needs to be ran in the sinks and shower to keep the P-trap filled and that will stop the odors
4) On 6-30-22 Houston and Harris attempted manhole locating via camera between Chaimberlain and Vintage on Jonathan as city maps indicate they exist and PERC staff could not locate them. No manholes were found. City map needs correction as there are no manholes 5) Perc staff received and reviewed 278 USA dig alerts
257
City of Adelanto Collection System Log Operator: Shawn Month: June 2022 Date Location Street & Cross Street Feet
Cleaned
Comments
1 6/7/2022 Vintage & Aster 500 Cleaned west dirty
2 6/7/2022 Vintage 657 Cleaned west dirty
3 6/7/2022 Vintage 657 Cleaned west dirty
4 6/7/2022 Vintage 657 Cleaned west dirty
5 6/7/2022 Vintage & Rhode island 657 Cleaned west dirty 6 6/7/2022 Rhode Island 328 Cleaned south dirty
7 6/7/2022 Rhode Island 329 Cleaned south dirty
8 6/7/2022 Rhode Island 327 Cleaned south dirty
9 6/7/2022 Rhode Island & Auburn 333 Cleaned south dirty 10 6/28/2022 10985 Wilson 500 Odor complaint cleaned west no issue found 11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
Total Feet 4,945
258
City of Adelanto Enhanced Maintenance Collection System Operator: Shawn Month: June 2022 Date Location Street & Cross Street Feet
Cleaned
Comments
1 6/6/2022 Pearmain & Taylor 275 Cleaned south greasy
2 6/6/2022 Pearmain & Taylor 285 Cleaned west
3 6/6/2022 Pearmain & Cactus 400 Cleaned south
4 6/6/2022 Pearmain & Cactus 300 Cleaned east
5 6/6/2022 Aster 500 Cleaned west
6 6/6/2022 Aster & Vintage 500 Cleaned west
7 6/6/2022 Bellflower & Auburn 460 Cleaned north greasy 8 6/6/2022 Bellflower & Auburn 500 Cleaned west greasy
9 6/6/2022 1st Mh W Auburn & 395 400 Cleaned west greasy 10 6/6/2022 1st Mh E Auburn & 395 500 Cleaned west greasy 11 12
13 14
15 16
17 18
19 20
21 22
23 24
^
Total Feet 4,120
259
MONTHLY Map pg. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Date Date Date Date Date Date Date Date Date Date Date Date Bellflower & Auburn 460 N 500 W 10-Feb 23-Feb 25-Apr 9-May 6-Jun 1st Mh W 395 & Auburn 400 W 10-Feb 23-Feb 25-Apr 9-May 6-Jun 1st Mh E 395 & Auburn 500 W 10-Feb 23-Feb 25-Apr 9-May 6-Jun Pearmain & Taylor 275 S & 285 W 8 10-Feb 23-Feb 18-Apr 9-May 6-Jun Pearmain & Cactus 300 E & 400 S 10 10-Feb 23-Feb 18-Apr 9-May 6-Jun 1st Mh W Aster & Vintage 500 W 41 10-Feb 23-Feb 18-Apr 9-May 6-Jun Aster & Vintage 500 W 41 10-Feb 23-Feb 18-Apr 9-May 6-Jun

BI-MONTHLY JAN MAR MAY JUL SEP NOV

QUARTERLY JAN APR JUL OCT
Verbena & Mojave W 500 W & S 23 10-Feb 18-Apr
1st mh N Forest & Muskrat 500 N&S 10-Feb 18-Apr
Joshua & Verbena 200 W 17 10-Feb 18-Apr
Cactus & Caliente 400 W 8.9 10-Feb 18-Apr
Bartlett & Lilac 10-Feb 18-Apr

BI-ANNUAL JAN JUL
Geo East
260
Section D
Bio-Solids Report
261
June 2022 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Bio-solids Report
In June 2022, PERC Water Staff performed dewatering procedures to dewater 1,660,517 gallons of bio-solids from the aerated solids holding tank. See data table below for amounts and disposal costs. Wet tons of bio-solids were removed at an average total solids concentration of 22%. End dump trailers were collected periodically by GIC Corporation and delivered to Synagro composting facility in Helendale, CA.

Wet Tons Dry Tons Wet Tons Dry Tons
January 351.66 63.30 13 13 $5,608.98 $9,962.53 $15,571.50 $44.28 February 297.52 53.55 11 11 $4,745.44 $8,428.74 $13,174.19 $44.28 March 256.83 46.23 906.01 163.08 10 10 $4,096.44 $7,275.99 $11,372.43 $44.28 April 326.76 71.89 13 13 $5,211.82 $9,257.11 $14,468.93 $44.28 May 242.76 53.41 10 10 $3,872.02 $6,877.39 $10,749.41 $44.28 June 251.54 55.34 821.06 180.63 10 10 $4,012.06 $7,126.13 $11,138.19 $44.28 July 0.00 $0.00 $0.00 $0.00 #DIV/0!
August 0.00 $0.00 $0.00 $0.00 #DIV/0!
September 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
October 0.00 $0.00 $0.00 $0.00 #DIV/0!
November 0.00 $0.00 $0.00 $0.00 #DIV/0!
December 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
Total Tons 1727.07 343.72 1727.07 343.72 67 67 $27,546.77 $48,927.89 $76,474.66 #DIV/0! Metric Tons 1566.45 311.75 1566.45 311.75 total total total total total average 2022 BIO-SOLIDS HAULED
Adelanto production Quarter # of GIC
end dump
Removed
# Synagro
loads
received
Total Hauling
Cost
Total
Tipping Fee
Cost
Total Cost Total Cost Per
Ton
262
June 2022 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Burrtec hauls off screenings/rags and recycle product from the facility each month. See data table below for bins removed from the Facility.

RECYCLE
# of Bins ft3
yards # of Bins
January 20 40 2
February 20 40 2
March 23 46 2
April 22 44 2
May 20 40 1
June 22 44 2
July 0
August 0
September 0
October 0
November 0
December 0
Total 127 254 11
2022 SCREENINGS/GRIT HAULED
263
Section E
Preventive Maintenance
CMMS Report
264
June 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
Completed Work Orders
Below is a list of the Adelanto’s Wastewater System’s completed work orders for the month of June: 131 tasks completed
Completed
Date
Asset ID Asset Description Brief Description
6/1/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 6/1/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 6/1/2022 AD_RAS_PMPS RAS pumps Swap RAS pumps
6/1/2022 AD_AZ_BLWR1 Aerzen Blower 1 Schedule annual maintenance by Aerzen
6/1/2022 AD_AZ_BLWR2 Aerzen Blower 2 Schedule annual maintenance by Aerzen
6/1/2022 AD_AZ_BLWR3 Aerzen Blower 3 Schedule annual maintenance by Aerzen
6/2/2022 ADSCCLW Sludge Thickener
West
Sludge thickener oil change
6/2/2022 AD_GTCL GRIT COLLECTOR CPT gearbox oil change
6/2/2022 ADSCCLW Sludge Thickener
West
6 Month oil change
6/3/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle
pump
6/3/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle
pump
6/4/2022 AD_SCADA SCADA system Scada Test
6/4/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly
check sheet
6/4/2022 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North
and South Basin
6/4/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
6/6/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
6/6/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
265
June 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
6/6/2022 AD_SH-CENTRISYS-MM Centrisys Muffin
Monster
Centrisys Muffin Monster
lubrication grease
6/6/2022 BELLFLOWER_AUBURN Collection Systems Manhole inspection 6/6/2022 AD_HWCMPCTRE Compactor East Lubrication, Grease 6/6/2022 BELLFLOWER_AUBURN Collection Systems Bellflower and Auburn 6/6/2022 HOTLIST Collection Systems Pearmain and Taylor 6/6/2022 HOTLIST Collection Systems Pearmain and Cactus 6/6/2022 HOTLIST Collection Systems Aster and Vintage
6/7/2022 ADEYEWSHST eye wash eye wash/shower weekly
check
6/7/2022 AD_HWCMPCTRE Compactor East Compactor Deep Clean 6/7/2022 ADEYEWSHST eye wash Drain Clean and refill eye wash
6/7/2022 AD-FRTGTE Front gate wheel
bearings

LUBE WHEELS ON FRONT
GATE
6/7/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 6/7/2022 AD_BLWR_BLD BUILDINGS Replacement of Blower
Building Filters
6/7/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 6/7/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 6/7/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 6/7/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal
Assembly
6/7/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid
end Headwall External
Assembly
6/8/2022 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 6/8/2022 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 6/8/2022 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 6/10/2022 ADPLGPD1 Pipe Plug (pig) Check plug
6/10/2022 ADSCCLW Sludge Thickener
West
Scum Pit
6/10/2022 ADSCCLE Sludge Thickener
East
Scum Pit
6/10/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
6/10/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
6/10/2022 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North
and South Basin
266
June 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
6/10/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle
pump
6/10/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle
pump
6/12/2022 AD-FAK First aid kits Monthly first aid kits check 6/12/2022 AD_SCADA SCADA system Scada Test
6/12/2022 AD_HW-GP-P1 Grit Pump 1 grit pump belt check
6/12/2022 AD_HW-GP-P2 Grit Pump 2 grit pump belt check
6/12/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly
check sheet
6/12/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
6/12/2022 AD_HW-FR-E Flex Rake East Flexrake check
6/12/2022 AD_HW-FR-E Flex Rake East Quarterly Flexrake check 6/13/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 6/13/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 6/13/2022 AD_SH-POL-M Polymer Motor polymer pump gear box oil check
6/13/2022 AD_SH_ANDRITZ Andritz Centrifuge Check Andritz manual for service
6/13/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal
Assembly
6/13/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid
end Headwall External
Assembly
6/15/2022 AD_WWTP_BUSPLN Annual Business
Plan
Annual business plan
6/15/2022 AD_RPTS Reports Collections, IPP, Emaint
6/15/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 6/15/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 6/17/2022 ADPHECMD Probe Calibrate pH and EC probes
6/17/2022 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North
and South Basin
6/17/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle
pump
267
June 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
6/17/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle
pump
6/18/2022 AD_PONDS Percolation Ponds Rotate ponds
6/18/2022 ADSCCLW Sludge Thickener
West
6 Month oil change
6/18/2022 AD_SH_ANDRITZ Andritz Centrifuge 3000-hour Andritz maintenance
6/18/2022 AD_GTCL GRIT COLLECTOR Classifier apex inspection 6/18/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
6/18/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
6/19/2022 ADPLGPD1 Pipe Plug (pig) Check plug
6/19/2022 AD_SCADA SCADA system Scada Test
6/19/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly
check sheet
6/19/2022 AD_GD Multi gas detector Multi Gas Detector Calibration 6/19/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
6/19/2022 AD-PORT-GEN Generators RUN PORTABLE GENERATOR FOR 15 MINUTES
6/19/2022 FIREEXTR Fire Extinguisher fire extinguisher inspection 6/21/2022 AD_TRAC Tractor Check oil in tractor
6/21/2022 BELLFLOWER_AUBURN Collection Systems Manhole inspection 6/21/2022 AD_HW-GP-P1 Grit Pump 1 grit pump check
6/21/2022 AD_HW-GP-P2 Grit Pump 2 grit pump check
6/21/2022 AD_SC-RAS-P1 Sludge Thickener
RAS Pump 1
Sludge Thickener R.A.S. pump
inspection
6/21/2022 AD_SC-RAS-P2 Sludge Thickener
RAS Pump 2
Sludge Thickener R.A.S. pump
inspection
6/21/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 6/21/2022 ADPLGPD1 Pipe Plug (pig) Check plug
6/21/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 6/21/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 6/21/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 6/21/2022 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 6/21/2022 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 6/21/2022 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 6/21/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal
Assembly
268
June 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
6/21/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid
end Headwall External
Assembly
6/22/2022 LIFTSTATION Pump station Wet well grease cleaning 6/22/2022 LIFTSTATION Pump station air release debris removal 6/22/2022 LIFTSTATION Pump station lift station float alarm 6/22/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
6/22/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
6/23/2022 ADSCCLW Sludge Thickener
West
Scum Pit
6/23/2022 ADSCCLE Sludge Thickener
East
Scum Pit
6/25/2022 AD_SCADA SCADA system Scada Test
6/25/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly
check sheet
6/25/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle
pump
6/25/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle
pump
6/25/2022 AD_SC-PT Scum pit Clarifier scum pit
6/25/2022 AD_SC-PW-P_NORTH Plant Water Pump
North
plant water pump check
6/25/2022 AD_SC-PW-P_NORTH Plant Water Pump
North
plant water pump belt check
6/25/2022 AD_SC-PW-P_SOUTH Plant Water Pump
South
plant water pump check
6/25/2022 AD_SC-PW-P_SOUTH Plant Water Pump
South
plant water pump belt check
6/25/2022 AD_HAZ-WST Haz waste
checksheet
Check AGST binder and make
sure it is up to date
6/26/2022 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North
and South Basin
6/27/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 6/27/2022 ADPLGPD1 Pipe Plug (pig) Check plug
6/27/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 269
June 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
6/27/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal
Assembly
6/27/2022 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid
end Headwall External
Assembly
6/28/2022 AD_8INPORTPMP 8 Inch portable
pump
Run 8 in portable pump
6/28/2022 ADSCCLW Sludge Thickener
West
sludge thickener drive chain
check
6/28/2022 ADSCCLE Sludge Thickener
East
sludge thickener drive chain
check
6/28/2022 ADELPNFLTS FILTERS Clean VFD Panel Filters
6/28/2022 ADINFEFFSMPLRS Influent and
Effluent sampler
Clean Influent Effluent
Sampler
6/28/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 6/28/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 6/28/2022 AD_SIPS-ST SIPS Station SIPS station motor check 6/29/2022 LIFTSTATION Pump station lift station float alarm 6/29/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
6/29/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
270
Section F
SSMP/IPP Report
271
June 2022 Section F – IPP / SSMP Report
Adelanto Wastewater Treatment System

INDUSTRIAL PRETREATMENT PROGRAM (IPP) & SEWER SYSTEM MANAGEMENT

PLAN (SSMP)
Staff is reviewing all users and scheduling inspections for July 2022. Listed are June’s 2022 activities:
· No inspections done due to COVID-19 and social distancing. · Receiving flow and pH data from MK Magnetics periodically with their discharge to city sewer.
· On 6-2-22 Received International Carbonics Inc. second quarter monitoring report. All constituents were within the permit limits.
· On 6-30-22 received 2nd quarter self-monitoring report from MK Magnetics. 272
Section G
Laboratory Results
273
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 12
Project Name:
14-Jun-2022
Work Order Number: C2F0204
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F0204
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2F0204-01 Liquid 06/1/22 6:05 Tristan Hause Courier (Lisa Penunuri) - DE
Influent Wastewater 06/01/22 12:57
C2F0204-02 Liquid 06/1/22 6:10 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent Wastewater 06/01/22 12:57
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
274
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 12
Project Name:
14-Jun-2022
Work Order Number: C2F0204
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F0204
Laboratory Reference Number
Sample Description
06/01/22 06:05
Sampled Date/Time Received Date/Time
06/01/22 12:57
Matrix
Influent Liquid
C2F0204-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 660 10 10 mg/L SM 2540C 06/07/22 19:30 KHS Total Suspended Solids 260 20 20 mg/L SM 2540D 06/08/22 23:03 LS Aggregate Organic Compounds
Biochemical Oxygen Demand 230 50 50 mg/L SM 5210B 06/01/22 22:53 DFL N-BOD1 Nutrients
Ammonia-Nitrogen 35 5.1 mg/L SM4500NH3H
G

0.5 06/03/22 16:38 TRS
Kjeldahl Nitrogen 46 4.0 3.9 mg/L EPA 351.2 06/07/22 16:53 TRS mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
275
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 12
Project Name:
14-Jun-2022
Work Order Number: C2F0204
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F0204
Laboratory Reference Number
Sample Description
06/01/22 06:10
Sampled Date/Time Received Date/Time
06/01/22 12:57
Matrix
Effluent Liquid
C2F0204-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.39 0.20 0.16 mg/L EPA 300.0 06/02/22 07:03 KBS Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 06/03/22 00:36 KBS Solids
Total Dissolved Solids 550 10 10 mg/L SM 2540C 06/07/22 19:30 KHS Total Suspended Solids 3 2 2 mg/L SM 2540D 06/08/22 23:03 LS Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 06/01/22 22:57 DFL N-BOD1 Surfactants
MBAS 0.04 0.08 0.03 mg/L SM 5540C 06/02/22 22:10 DFL J
Nutrients
Kjeldahl Nitrogen 1.3 0.1 0.1 mg/L EPA 351.2 06/09/22 20:44 TRS Total Nitrogen 1.7 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
276
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 12
Project Name:
14-Jun-2022
Work Order Number: C2F0204
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F0204
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2F01075 - Analyzed as Received IC
Blank (2F01075-BLK1) Prepared & Analyzed: 06/02/22
Nitrite as N ND 0.1 0.09 mg/L
Nitrate as N ND 0.20 0.16 mg/L
LCS (2F01075-BS1) Prepared & Analyzed: 06/02/22
Nitrite as N 2.52 0.1 0.09 mg/L 2.50 101 90-110
Nitrate as N 5.57 0.20 0.16 mg/L 5.65 99 90-110
Duplicate (2F01075-DUP1) Source: C2F0217-01 Prepared & Analyzed: 06/02/22 Nitrite as N ND 0.1 0.09 mg/L ND 20
Nitrate as N ND 0.20 0.16 mg/L ND 20
Matrix Spike (2F01075-MS1) Source: C2F0217-01 Prepared & Analyzed: 06/02/22 Nitrite as N 2.35 0.1 0.09 mg/L 2.50 ND 94 80-120
Nitrate as N 5.48 0.20 0.16 mg/L 5.65 ND 97 80-120
Matrix Spike (2F01075-MS2) Source: C2E3256-01RE1 Prepared & Analyzed: 06/02/22 Nitrite as N 1.93 0.1 0.09 mg/L 2.50 ND 77 80-120 QFnt, QMout Nitrate as N 5.66 0.20 0.16 mg/L 5.65 ND 100 80-120
Matrix Spike Dup (2F01075-MSD1) Source: C2F0217-01 Prepared & Analyzed: 06/02/22 Nitrite as N 2.40 0.1 0.09 mg/L 2.50 ND 96 80-120 2 20
Nitrate as N 5.58 0.20 0.16 mg/L 5.65 ND 99 80-120 2 20 Batch 2F02060 - Analyzed as Received IC
Blank (2F02060-BLK1) Prepared & Analyzed: 06/03/22
Nitrite as N ND 0.1 0.09 mg/L
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
277
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 11 of 12
Project Name:
14-Jun-2022
Work Order Number: C2F0204
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F0204
Notes and Definitions
J Estimated value
N-BOD1 Dilution water blank exceeds 0.20 mg/L. As per method, data is reportable as qualified.

QFnt The referenced sample did not require this QC analyte, so a follow-up is not needed.

QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.

QMS(D) Matrix spike recovery was out of acceptance criteria. Precision and accuracy demonstrated by remaining matrix spike results.

QOcal The concentration indicated for this analyte is an estimated value above the calibration range of the instrument.

QRPDl Analyte concentration was below range for valid RPD determination.

NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.

Additionally, this report is not to be used, in whole or in part, in any advertising or publicity matter without written authorization from Babcock Laboratories, Inc. The liability of Babcock Laboratories, Inc. is limited to the actual cost of the requested analyses, unless otherwise agreed upon in writing. There is no other warranty expressed or implied.

Enclosed are the analytical results for the submitted sample(s). Babcock Laboratories certify the data presented as part of this report meet the minimum quality standards in the referenced analytical methods. Any exceptions have been noted.

Approval
cc:

Alexis Nicole Harold For Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
278
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 12 of 12
Project Name:
14-Jun-2022
Work Order Number: C2F0204
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F0204
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
279
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 10
Project Name:
24-Jun-2022
Work Order Number: C2F1142
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly WW
Adelanto WWTP
C2F1142
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2F1142-01 Liquid 06/8/22 6:10 Jared
Kachelski
Courier (Lisa
Penunuri) - DE
Influent ---ROUTINE--- 06/08/22 14:51
C2F1142-02 Liquid 06/8/22 6:15 Jared
Kachelski
Courier (Lisa
Penunuri) - DE
Effluent ---ROUTINE--- 06/08/22 14:51
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
280
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 10
Project Name:
24-Jun-2022
Work Order Number: C2F1142
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly WW
Adelanto WWTP
C2F1142
Laboratory Reference Number
Sample Description
06/08/22 06:10
Sampled Date/Time Received Date/Time
06/08/22 14:51
Matrix
Influent Liquid
C2F1142-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 190 5 5 mg/L SM 2540D 06/15/22 17:41 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand 220 50 50 mg/L SM 5210B 06/08/22 21:41 DFL Nutrients
Ammonia-Nitrogen 35 5.1 mg/L SM4500NH3H
G

4.5 06/13/22 19:43 MCM
Kjeldahl Nitrogen 45 4.0 3.9 mg/L EPA 351.2 06/16/22 10:52 YVD mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
281
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 10
Project Name:
24-Jun-2022
Work Order Number: C2F1142
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly WW
Adelanto WWTP
C2F1142
Laboratory Reference Number
Sample Description
06/08/22 06:15
Sampled Date/Time Received Date/Time
06/08/22 14:51
Matrix
Effluent Liquid
C2F1142-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.21 0.20 0.12 mg/L EPA 300.0 06/09/22 20:09 KBS Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 06/09/22 20:09 KBS Solids
Total Suspended Solids 4 2 2 mg/L SM 2540D 06/15/22 17:41 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 06/08/22 21:47 DFL Nutrients
Kjeldahl Nitrogen 1.1 0.1 0.1 mg/L EPA 351.2 06/18/22 10:40 YVD Total Nitrogen 1.3 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
282
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 10
Project Name:
24-Jun-2022
Work Order Number: C2F1142
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly WW
Adelanto WWTP
C2F1142
Notes and Definitions
J Estimated value
NMprj The matrix spike and/or matrix spike duplicate performed on this sample is outside project specific control limits but within the current laboratory performance based limit.

QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 10
Project Name:
24-Jun-2022
Work Order Number: C2F1142
Received on Ice (Y/N): Yes Temp: °C 5
PERC - Weekly WW
Adelanto WWTP
C2F1142
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
284
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 11
Project Name:
06-Jul-2022
Work Order Number: C2F1928
Received on Ice (Y/N): Yes Temp: °C 6
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F1928
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2F1928-01 Liquid 06/15/22 6:05 Tristan Hause Courier
(Guillermo)-DE
Influent Wastewater 06/15/22 10:13
C2F1928-02 Liquid 06/15/22 6:10 Tristan Hause Courier
(Guillermo)-DE
Effluent Wastewater 06/15/22 10:13
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
285
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 11
Project Name:
06-Jul-2022
Work Order Number: C2F1928
Received on Ice (Y/N): Yes Temp: °C 6
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F1928
Laboratory Reference Number
Sample Description
06/15/22 06:05
Sampled Date/Time Received Date/Time
06/15/22 10:13
Matrix
Influent Liquid
C2F1928-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 680 10 10 mg/L SM 2540C 06/22/22 21:00 AMB Total Suspended Solids 220 10 10 mg/L SM 2540D 06/22/22 19:10 LAS Aggregate Organic Compounds
Biochemical Oxygen Demand 240 50 50 mg/L SM 5210B 06/15/22 21:01 AMB Nutrients
Ammonia-Nitrogen 35 5.1 mg/L SM4500NH3H
G

4.5 06/24/22 13:07 YVD
Kjeldahl Nitrogen 48 4.0 3.9 mg/L EPA 351.2 06/29/22 14:25 TRS mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
286
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 11
Project Name:
06-Jul-2022
Work Order Number: C2F1928
Received on Ice (Y/N): Yes Temp: °C 6
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F1928
Laboratory Reference Number
Sample Description
06/15/22 06:10
Sampled Date/Time Received Date/Time
06/15/22 10:13
Matrix
Effluent Liquid
C2F1928-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.32 0.20 0.12 mg/L EPA 300.0 06/15/22 18:59 EZV Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 06/15/22 18:59 EZV Solids
Total Dissolved Solids 550 10 10 mg/L SM 2540C 06/22/22 21:00 AMB Total Suspended Solids 4 2 2 mg/L SM 2540D 06/22/22 19:10 LAS Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 06/27/22 18:30 AMB N_HTp Biochemical Oxygen Demand 40 10 10 mg/L SM 5210B 06/16/22 14:17 MCM Surfactants
MBAS 0.05 0.08 0.05 mg/L SM 5540C 06/16/22 08:43 TJK J
Nutrients
Kjeldahl Nitrogen 1.2 0.1 0.1 mg/L EPA 351.2 06/29/22 14:27 TRS Total Nitrogen 1.5 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
287
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 11
Project Name:
06-Jul-2022
Work Order Number: C2F1928
Received on Ice (Y/N): Yes Temp: °C 6
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F1928
Notes and Definitions
J Estimated value
N_HTp Analysis requested near or past holding time. Sample analyzed outside of the EPA recommended holding time.

Q_NAe QC result not available due to lab error.

QFnt The referenced sample did not require this QC analyte, so a follow-up is not needed.

QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.

QRPDl Analyte concentration was below range for valid RPD determination.

Approval
cc:

Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
288
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 11 of 11
Project Name:
06-Jul-2022
Work Order Number: C2F1928
Received on Ice (Y/N): Yes Temp: °C 6
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2F1928
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
289
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 9
Project Name:
01-Jul-2022
Work Order Number: C2F2773
Received on Ice (Y/N): Yes Temp: °C 10
PERC - Weekly WW
Adelanto WWTP
C2F2773
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2F2773-01 Liquid 06/22/22 6:05 Tristan Hause Courier
(Guillermo)-DE
Influent ---ROUTINE--- 06/22/22 13:25
C2F2773-02 Liquid 06/22/22 6:10 Tristan Hause Courier
(Guillermo)-DE
Effluent ---ROUTINE--- 06/22/22 13:25
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
290
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 9
Project Name:
01-Jul-2022
Work Order Number: C2F2773
Received on Ice (Y/N): Yes Temp: °C 10
PERC - Weekly WW
Adelanto WWTP
C2F2773
Laboratory Reference Number
Sample Description
06/22/22 06:05
Sampled Date/Time Received Date/Time
06/22/22 13:25
Matrix
Influent Liquid
C2F2773-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 200 20 20 mg/L SM 2540D 06/28/22 18:12 LAS Aggregate Organic Compounds
Biochemical Oxygen Demand 230 50 50 mg/L SM 5210B 06/22/22 22:58 DFL Nutrients
Ammonia-Nitrogen 40 5.1 mg/L SM4500NH3H
G

4.5 06/27/22 20:21 TRS
Kjeldahl Nitrogen 49 4.0 3.9 mg/L EPA 351.2 06/29/22 18:26 TRS mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
291
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 9
Project Name:
01-Jul-2022
Work Order Number: C2F2773
Received on Ice (Y/N): Yes Temp: °C 10
PERC - Weekly WW
Adelanto WWTP
C2F2773
Laboratory Reference Number
Sample Description
06/22/22 06:10
Sampled Date/Time Received Date/Time
06/22/22 13:25
Matrix
Effluent Liquid
C2F2773-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.49 0.20 0.12 mg/L EPA 300.0 06/22/22 23:26 DNF Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 06/22/22 23:26 DNF Solids
Total Suspended Solids 4 2 2 mg/L SM 2540D 06/28/22 18:12 LAS Aggregate Organic Compounds
Biochemical Oxygen Demand ND 2.5 2.5 mg/L SM 5210B 06/22/22 23:01 DFL Nutrients
Kjeldahl Nitrogen 1.3 0.1 0.1 mg/L EPA 351.2 06/29/22 18:27 TRS Total Nitrogen 1.8 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
292
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 9
Project Name:
01-Jul-2022
Work Order Number: C2F2773
Received on Ice (Y/N): Yes Temp: °C 10
PERC - Weekly WW
Adelanto WWTP
C2F2773
Notes and Definitions
J Estimated value
NMprj The matrix spike and/or matrix spike duplicate performed on this sample is outside project specific control limits but within the current laboratory performance based limit.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 9
Project Name:
01-Jul-2022
Work Order Number: C2F2773
Received on Ice (Y/N): Yes Temp: °C 10
PERC - Weekly WW
Adelanto WWTP
C2F2773
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
294
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 9
Project Name:
11-Jul-2022
Work Order Number: C2F3516
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C2F3516
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2F3516-01 Liquid 06/29/22 6:05 Tristan Hause Courier (Lisa Penunuri) - DE
Influent ---ROUTINE--- 06/29/22 12:05
C2F3516-02 Liquid 06/29/22 6:10 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent ---ROUTINE--- 06/29/22 12:05
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
295
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 9
Project Name:
11-Jul-2022
Work Order Number: C2F3516
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C2F3516
Laboratory Reference Number
Sample Description
06/29/22 06:05
Sampled Date/Time Received Date/Time
06/29/22 12:05
Matrix
Influent Liquid
C2F3516-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 230 20 20 mg/L SM 2540D 07/01/22 22:31 LAS Aggregate Organic Compounds
Biochemical Oxygen Demand 240 50 50 mg/L SM 5210B 06/30/22 00:08 DFL N-BOD1 Nutrients
Ammonia-Nitrogen 36 5.1 mg/L SM4500NH3H
G

4.5 07/07/22 19:48 AMB
Kjeldahl Nitrogen 53 4.0 3.9 mg/L EPA 351.2 07/07/22 10:48 YVD mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
296
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 9
Project Name:
11-Jul-2022
Work Order Number: C2F3516
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C2F3516
Laboratory Reference Number
Sample Description
06/29/22 06:10
Sampled Date/Time Received Date/Time
06/29/22 12:05
Matrix
Effluent Liquid
C2F3516-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.17 0.20 0.12 mg/L EPA 300.0 06/29/22 20:26 DNF J Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 06/29/22 20:26 DNF Solids
Total Suspended Solids 6 2 2 mg/L SM 2540D 07/01/22 22:31 LAS Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 06/30/22 00:11 DFL N-BOD1 Nutrients
Kjeldahl Nitrogen 2.3 0.2 0.2 mg/L EPA 351.2 07/07/22 12:18 YVD Total Nitrogen 2.5 0.50 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
297
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 9
Project Name:
11-Jul-2022
Work Order Number: C2F3516
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C2F3516
Notes and Definitions
J Estimated value
N-BOD1 Dilution water blank exceeds 0.20 mg/L. As per method, data is reportable as qualified.

QFpas Follow-up result within laboratory acceptance criteria.

QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.

QMS(D) Matrix spike recovery was out of acceptance criteria. Precision and accuracy demonstrated by remaining matrix spike results.

QRPDl Analyte concentration was below range for valid RPD determination.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 9
Project Name:
11-Jul-2022
Work Order Number: C2F3516
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly WW
Adelanto WWTP
C2F3516
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
299

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 27, 2022
TO: Honorable Mayor and City Council Members
FROM:

THROUGH:

Jessie Flores, City Manager
Dave Martinez, Development Services Director
Jim Hirsch, Planning Consultant
GENERAL PLAN AMENDMENT NO. GPA 21-02, ZONING CHANGE
NO. ZC 21-02, CONDITIONAL USE PERMIT NO. CUP 21-20, and LDP NO. 21-20 - Proposal to amend the General Plan Land Use and Zoning Map to adopt a project-specific Solar Energy Overlay Zone, approve a conditional use permit to allow a solar use in the Desert Living 2.5, Desert Living 5, Light Manufacturing Cannabis Only and Open Space zoning districts, and approve a site layout to facilitate the development of a 150 -megawatt (MWAC) utility scale solar generating facility on approximately 826-acres in the Desert Living, Light Manufacturing Cannabis Only and Open Space Zoning Districts in an area located in an area generally bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south.

STAFF RECOMMENDATION:
• Approve Council Resolution 22-24, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Silver Peak Energy, LLC project pursuant to the California Environmental Quality Act (CEQA); • Approve Council Resolution 22-25, to adopt the findings and approve General Plan Amendment No. 21-02 to change the General Plan Map Land Use Designation on the property by adopting a Solar Energy Conversion System Overlay Zone in the General Plan Land Use Map and Zoning Map specific to the Silver Peak Solar Project, approving Location and Development Plan No. 21-20, and approving Conditional Use Permit No. 21-20 allowing the Silver Peak Energy Solar Project (Third Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-20 for the site layout; adopt findings and dedicate right-of-way;
• Introduce First Reading of Ordinance 629 to adopt findings and approve Zone Change No. 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena Road and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project.
300
GPA 21-02, ZC 21-02,
LDP 21-20
City Council Hearing 7/27/22

2 • Schedule the second reading and adoption of the Ordinance 629 for the next regular council meeting.

ANALYSIS & REVIEW:

PROJECT DESCRIPTION:

The project is a proposal to facilitate the development of a utility scale Solar Energy facility through the creation of a Solar Energy Overlay Zone; conditionally approving a solar use in the Desert Living 2.5, Desert Living 5, Light Manufacturing Cannabis Only and Open Space zoning districts within the project area; and approving the site layout.

The project requires approval of the following entitlements:
• A General Plan Amendment (GPA 21-02) and Zoning Change (ZCA 21-04) to amend the General Plan Map and Zoning Map to create a Solar Energy Overlay on approximately 620.249 acres of area zoned as Desert Living, 185.199 acres of Light Manufacturing Cannabis Only and 20.617 acres of Open Space in order to allow the solar energy use as a conditionally permitted use. In the City of Adelanto, the General Plan Map and Zoning Map are combined into one document; therefore, General Plan amendments and Zone Changes must occur simultaneously.
• A Conditional Use Permit (CUP 21-20) to allow the Solar Energy use on approximately

20.617-acres of property zoned as Open Space; 385.728- acres of property zoned as Desert Living -2.5; 234.521 acres of property zoned as Desert Living 5; and 185.19 acres of land zoned Light Manufacturing Cannabis Only.
• A Location and Development Plan (LDP 21-20) to approve the site layout and required improvements to facilitate the construction of the proposal. This includes a 5 mile generation-tie and communication line to be shared with the Baldy Mesa Solar Project which delivers the electricity generated by the project to the Southern California Edison Roadway substation located to the south.

BACKGROUND:

The applicant is requesting approval of the above entitlements to develop a new utility scale, 150-megawatt (MWAC) maximum capacity solar generating and energy storage facility on approximately 826 acres.

The Planning Commission considered the Silver Peak Energy LLC utility scale solar facilityal consisting of GPA 21-02, ZC 21-02 and LDP 21-20 at their regularly scheduled meeting on May 18, 2022, and after considerable public input, approved the project unanimously. A copy of the signed Planning Commission Resolution, No. 22-14 is attached as Exhibit A.

California Senate Bill (SB) 330 (Housing Crisis Act) became effective January 1, 2020 and extends until 2025. Generally, this Bill prohibits an “affected” City or County (which includes the City of Adelanto) from approving any general plan amendment(s) or zone change(s) that change the rules to disfavor residential uses relative to other allowed uses, such as by reducing density limits or prohibiting residential uses altogether. To ensure consistency with SB 330, the applicant 301
GPA 21-02, ZC 21-02,
LDP 21-20
City Council Hearing 7/27/22

3 is proposing to amend the City’ General Plan and Zoning Map, through a General Plan Amendment and Zone Change action to create a Solar Energy Overlay Zone on top of the property within the project area that is currently designated as Desert Living 2.5 and Desert Living 5, which are rural residential use categories and on areas currently designated as Light Manufacturing Cannabis Only. The California Department of Housing and Community Development has confirmed these amendments are consistent with SB 330 because they are in addition to and do not alter the City of Adelanto’s existing residential land use designations. The Solar Energy Overlay Zone would be authorized pursuant to a Zoning Code Amendment action to add Solar Energy Conversion Systems (SECS) as a conditional use in the areas a Solar Energy Overlay Zone has been approved by the City on a project-specific basis.

Applicant: Silver Peak Energy, LLC
General Location: Approximately 826 acres in the northwest portion of the City of Adelanto, generally bounded by bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south in the County of San Bernardino (see Attachments C, D, E and F for maps showing location).

Environmental
Determination: An Initial Study has been prepared for the proposed project, which determined that, subject to mitigation measures, there is no substantial evidence of adverse environmental effects; therefore, a Mitigation Negative Declaration has been prepared.

Related Cases: Baldy Mesa Solar, LLC Case Nos: GPA 20-01, ZC 20-01, ZCA 19-02, CUP 19-09,LDP 20-08 and Ordinance No. 618
Existing Zoning &
Land Uses:

General Plan & Zoning Acreage
Desert Living 2.5 385.728
Desert Living 5 234.521
Open Space 20.617
Light Manufacturing Cannabis Only

TOTAL ACREAGE
185.199
826.065
Surrounding Zoning& General Plan
Designation:

Direction Zoning
North Open Space/Desert Living 5
South Desert Living 5/ Desert Living 2.5
East Desert Living 2.5
302
GPA 21-02, ZC 21-02,
LDP 21-20
City Council Hearing 7/27/22

4 West Desert Living 5/Open Space
Surrounding Land Uses:

Direction Land Use
North Vacant
South Vacant
East Vacant
West Vacant
PROJECT ANALYSIS:

GENERAL PLAN & ZONING CONSISTENCY:

The proposed General Plan Amendment and Zone Change will amend the General Plan & Zoning Map to create a Solar Energy Overlay Zone on top of 826-acres of DL- 2.5, and DL- 5, Open Space and Light Manufacturing Cannabis Only, (LMCO) designated areas in the northwestern part of the City to allow solar uses in these areas, which will create consistency between the General Plan and Zoning Code and further the state and City’s goals of sustainable development, while preserving future opportunity for housing development. The proposed Zoning Code Amendment will modify the language in Section 17.80.070 of the Zoning Code to establish the Solar Energy Overlay zoning concept as a means of authorizing solar energy facilities as a conditionally permitted use.

Solar energy facilities are currently contemplated within the Open Space General Plan land use designation and are listed as a conditional use in the Zoning Code. The proposed Conditional Use Permit to allow solar energy uses on 20.617-acres of land designated as Open Space is consistent with both the General Plan and Zoning Code in that this use is contemplated by both with the approval of a conditional use permit to ensure that the project meets all local regulations and is designed to be compatible with existing and future land uses.

The proposed project conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC

4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development”.

Further, the proposed project is consistent with the City’s Adelanto North 2035 Sustainable Plan, Chapter 3, Economic Development. The text in Chapter 3 cites High Desert Corridor (HDC) improvements which will provide better regional power supply for the City of Adelanto.

PREVIOUS APPLICABLE ZONING CODE TEXT CHANGES:

Chapter 17.80 (Special Use Standards) outlines regulations governing solar energy uses, including those in excess of 500 KW. Section 17.80.070 of the City of Zoning Code previously limited the location of Solar Energy Conversion Systems, (SECS) generating power in excess 303
GPA 21-02, ZC 21-02,
LDP 21-20
City Council Hearing 7/27/22

5 of 500KW to Manufacturing/ Industrial (MI) and Airport Development District (ADD). Section

17.40.020(a) of the City Zoning Code also allows SECS in excess of 500KW as conditionally permitted uses in Open Space (OS) zoning districts. SECS were not previously listed as a permitted use within the DL 2.5, DL 5 or LMCO zoning districts.

However, ZCA 19-02 which was approved as part of the Baldy Mesa Solar, LLC project on October 21, 2020 amended the text of Chapter 17.80.070 Solar Energy Conversion Systems, (SECS) to allow Solar Energy Uses pursuant to a project-specific Solar Energy Overlay, conditional use permit, and a location and development plan.

Generally, the Zoning Code Amendment modified the text of Chapter 17.80, Section 17.80.070 as follows:
• Clarifies existing text in Section 17.80.070
• Adds Section 17.80.071 to establish the purpose for the SECS Overlay Zone, required approvals, design requirements and approval findings
• Establishes Solar Energy Conversion Systems as a conditional use in areas where a Solar Energy Overlay Zone is approved by the City.

SENATE BILL 330
Senate Bill (SB) 330 (Housing Crisis Act) became effective January 1, 2020 and extends until 2025. Generally, this Bill prohibits an “affected” City or County (which includes the City of Adelanto) from approving any general plan amendment(s) or zone change(s) that change the rules to disfavor residential uses relative to other allowed uses, such as by reducing density limits or prohibiting residential uses altogether.

The applicant requested an opinion from the State Department of Housing and Community Development, (HCD) as to whether the proposed solar energy overlay zone would impact residential development, thus interfering with SB 330. The applicant received an opinion, Attachment D, from Melinda Coy, Land Use and Planning Manager of HCD dated August 18, 2020 indicating that the proposed solar overlay zone did not impact residential development, density or intensity. Thus, the provisions of the Housing Crisis Act would not be triggered by the City’s approval of the proposed solar code amendment revising the zoning code to allow utility-scale solar development predicated on City Council approval of a solar energy overlay zone and a conditional use permit.

ENVIRONMENTAL CONSIDERATIONS:

An Initial Study (IS) was prepared for the project in accordance with the City’s guidelines, which implement the California Environmental Quality Act (CEQA). The IS was undertaken for the purpose of determining whether the project may have a significant effect on the environment.

On the basis of the IS, staff concluded that the project’s potential significant impacts could be avoided or mitigated to a point where there are clearly no significant effects on the environment through mitigation measures, and that there is no substantial evidence in light of the whole record that the project, as revised may have a significant effect on the environment. As such, a Mitigated Negative Declaration (MND) was prepared with a Mitigation Monitoring and Reporting Program that will be implemented for the proposed project.
304
GPA 21-02, ZC 21-02,
LDP 21-20
City Council Hearing 7/27/22

6 As required by State CEQA Guidelines, a Notice of Completion (NOC) and a Notice of Availability (NOA) for the proposed project was filed with the State Clearinghouse (SCH #2022020165) Pursuant to §15703 (a) of CEQA and the IS/ MND was sent to affected agencies and organizations for a thirty (30) day review. The review period commenced on February 7, 2022 and ended on March 7, 2022. During the draft IS/MND review period, the Draft IS/MND was available for public review at the Development Services public counter, and on the City’s website.

All potential effects of the proposed project have been reduced to less than significant levels with implementation of mitigation measures. Therefore, a final Mitigated Negative Declaration has been prepared.

PUBLIC NOTICE
A public hearing notice was sent to property owners within 700 feet of the project site and agencies.

As of the writing of this report, a letter of support from State Senator Scott Wilk, two letters of support from Ironworkers Local 433 and the Ironworker Management Progressive Action Cooperative Trust and one comment and support letter from the Mojave Desert Air Quality Management District have been received by staff. These are in Attachment N.

ATTACHMENTS:

A. Resolution P-22-14
B. HCD Email August 18, 2020
C. Vicinity Map
D. General Plan, Zoning Exhibit
E. Aerial Project Map
F. Aerial Composite Map of Baldy Mesa and Silver Peak
G. Conditions of Approvals (Planning, Building, Public Works, Fire) H. LDP Overall Site Plan
I. SECS Overlay Map
J. Visual Simulations
K. City Council Resolution No. 22-24 Adopting the IS/MND L. City Council Resolution No. 22-25 Approving the GPA, CUP, LDP M. City Council Ordinance No. 629 Adopting the ZC
N. Comment Letters
The IS/MND and Associated Studies are on File at the Planning Department and available online at:
https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy
https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy
305
GPA 21-02, ZC 21-02,
LDP 21-20
City Council Hearing 7/27/22

7 306

ATTACHMENT A
RESOLUTION P-22-14

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF ADELANTO, COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT THE

MITIGATED NEGATIVE DECLARATION FOR THE

PROPOSED SILVER PEAK SOLAR PROJECT FINDING

THAT THE PROJECT WILL NOT RESULT IN ANY

SIGNIFICANT ADVERSE UNMITIGABLE

ENVIRONMENTAL IMPACTS, APPROVE GENERAL
PLAN AMENDMENT NO. GPA 21-02, APPROVE ZONING
CHANGE NO. ZC 21-02, APPROVE CONDITIONAL USE
PERMIT NO. 21-20, AND APPROVE LOCATION AND
DEVELOPMENT PLAN NO. 21-20 SUBJECT TO

CONDITIONS, AND MAKE FINDINGS IN SUPPORT
THEREOF.

WHEREAS, the City of Adelanto recognizes the need to Amend the City of Adelanto General Plan and Zoning Map to facilitate solar energy conversion systems (SECS) development of all sizes in the City through the use of project-specific SECS Overlay Zones that allow SECS pursuant to a Conditional Use Permit and Development plan; and WHEREAS, an Initial Study was prepared to consider potential environmental impacts and based on the environmental information, staff finds that General Plan Amendment No. 21-02, Zoning Change No. 21-02, Conditional Use Permit No. 21-20, and Location and Development Plan No. 21-20 could not have significant effects on the environment because required mitigation measures for the Silver Peak Solar Project have been agreed upon by the project proponent; therefore, a Mitigation Negative Declaration was prepared and a Notice of Intent to Adopt a Mitigated Negative Declaration was advertised and circulated on February 7, 2022; and,
WHEREAS, the Initial Study identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations, and to the public, on February 7, 2022 through March 7, 2022 for a period of 30 days, pursuant to California Environmental Quality Act (“CEQA”) Guidelines; and
WHEREAS, on May 18, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment 21-02, Zone Change 21-02, Conditional Use Permit 21-20 and Location and Development Plan 21-20 for the Silver Peak Solar Project; and recommended approval of the project after considering public testimony and accompanying documents; and
WHEREAS, the Mitigated Negative Declaration reflects the independent judgment of the Adelanto Planning Commission and is deemed adequate for purposes of making decisions on the merits of General Plan Amendment No. 21-02, Zoning Change No. 21-02, Conditional Use Permit No. 21-20, and Location and Development Plan No. 21-20; and 307
4823-7628-3598, v. 1
WHEREAS, the applicant will observe a Mitigation Monitoring and Reporting Program pursuant to the terms and conditions of approval for the Silver Peak Solar Project; and WHEREAS, all legal prerequisites for the adoption of this resolution have occurred; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Adelanto as follows:

Section 1. The above recitals are all true and correct.

Section 2. The Planning Commission hereby determines that the project has been appropriately analyzed by a Mitigated Negative Declaration under the California Environmental Quality Act (CEQA) guidelines. Accordingly, the Planning Commission hereby recommends that the City Council adopt a Mitigated Negative Declaration in accordance with the provisions of CEQA.

Section 3. Based on the information contained in the supporting exhibits, this Commission finds, regarding the proposed, as follows:

General Plan Amendment 21-02
a) That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment.

The amendment is in compliance with State Law and local law and is in the public interest in that the construction of utility scale solar generating facilities will facilitate the development of solar energy, which implements the conservation policies of the City’s General Plan. The community benefits by the installation of alternative forms of clean, sustainable energy.
b) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan.

The amendment is consistent with the land use goals, policies, and objectives of the General Plan as it will provide the City with flexibility to allow well-sited SECS as a conditional use in additional locations through site-specific SECS overlay zones. The SECS overlay zone proposed here would convert vacant land into a 150-megawatt (MWAC) maximum capacity utility scale solar generating and storage facility on approximately 826 acres, which is a use that is contemplated and consistent with the Economic Development and Conservation goals, policies and objectives of the General Plan. The proposed amendment conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development”.
c) That the proposed amendment will not conflict with provisions of the Zoning Code, subdivision regulations, or any applicable specific plan. 308
4823-7628-3598, v. 1
The proposed amendment will not conflict with the provisions of the Zoning Code, subdivisions or any applicable specific plan in that the project has been conditioned to meet all applicable zoning regulations.
d) In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

The amendment would result in a change to the land use policy map; however, it will not adversely affect surrounding properties in that it has been conditioned to ensure compatibility with future surrounding land uses.

Zone Change 21-02
a) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan.

The proposed zone change is consistent with the goals, policies and objectives of the General Plan in that they implement the Economic Development and Conservation elements of the General Plan by providing an avenue for the development of solar energy, which will provide an alternative source of clean, sustainable energy in the area. The proposed zone change conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development”.
b) That a proposed zone change will not adversely affect surrounding properties.

The proposed zone change will not adversely affect surrounding properties as they have been designed, and the project has been conditioned, to ensure compatibility and meet all applicable zoning regulations.

Conditional Use Permit 21-20
a) That the proposed Conditional Use Permit (CUP) is consistent with the General Plan.

The proposed CUP would allow Solar Energy use on approximately 20.6 acres of property zoned as Open Space, 385.7 acres of property zoned as Desert Living

2.5 , 234.5 acres of property zoned as Desert Living 5 and 185.2 acres of property zoned as Light Manufacturing Cannabis Only, which is consistent with the General Plan in that it implements the goals, policies and objectives of the General Plan, particularly the Conservation and Economic Development Elements of the Plan. b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures.

The nature, condition and development of adjacent uses, building and structures have been considered in that the project has been conditioned so that it will not adversely affect, or be materially detrimental to adjacent uses, buildings or structures.
309
4823-7628-3598, v. 1
c) That the site for the proposed Conditional Use is of adequate size and shape to accommodate the use and buildings proposed.

The site for the CUP is of adequate size and shape to accommodate the use and proposed structures, in that the site far exceeds established minimum development standards and can easily accommodate the proposed use. d) That the proposed Conditional Use complies with all applicable development standards of the zoning district.

The proposed CUP, as conditioned, complies with all applicable development standards of the zoning districts in which it lies.
e) That the proposed Conditional Use observes the spirit and intent of this Zoning Code.

The proposed CUP observes the spirit and intent of the zoning code as conditioned.
d) The SECS conforms with the Adelanto North 2035 Sustainable Plan policy LC 4.4, which states, "Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development." The SECS promotes the use of solar energy generation.
e) The SECS conforms with Subsections (b) through (e) of Section 17.80.070 of this Chapter.

The SECS complies with the height limitations and setbacks for the Desert Living

2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts.
f) The SECS will not, at the location proposed:
a. Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site because the proposed panels are within the height regulations of the rural residential zones and are designed with adequate setbacks from the adjacent street.

The SECS complies with the height limitations and setbacks for the Desert Living 2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts.
b. Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare because adequate sewer, water, and drainage improvements will be part of the project. 310
4823-7628-3598, v. 1
The SECS is designed with adequate sewer, water, and drainage improvements will be a part of the project.
g) The SECS will not substantially adversely affect other nearby uses because all aesthetic, noise, and other environmental concerns will be mitigated through various design features, including screening and the use of silent or low-noise equipment.

The initial study prepared for the project mitigates all substantially adverse aesthetic, noise, and other environmental concerns presented by the SECS. h) The proposed site is adequate in size and shape to accommodate the SECS and other development features prescribed in the zoning ordinance or as otherwise required to integrate said use with surrounding uses.

The site proposed for the SECS is adequate in size and shape to accommodate the project.
i) The proposed site is adequately served by the surrounding streets, which are of sufficient width and improved as necessary to carry the anticipated daily vehicle trips such use would generate; and by other public and private service facilities, including sewer, water, fire, and police services, as required.

The proposed site is adequately served by surrounding streets and other public and private service facilities to accommodate the SECS. j) The proposed use will not result in a significant effect on the environment because all potential impacts have been found to be less than significant with the inclusion of mitigation measures or are determined to be acceptable due to overriding considerations.

The initial study prepared for the project demonstrates that the SECS will not result in a significant effect on the environment after mitigation.

Location and Development Plan 21-20
a) That the proposed Location and Development Plan (LDP) is consistent with the General Plan.

The proposed LDP, to allow the Solar Energy use on approximately 20.6 acres of property zoned as Open Space, 385.7 acres of property zoned as Desert Living

2.5, 234.5 acres of property zoned as Desert Living 5 and 185.2 acres of Light Manufacturing Cannabis Only is consistent with the General Plan in that it implements the goals, policies and objectives of the General Plan, particularly the Conservation and Economic Development Elements of the Plan. b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. 311
4823-7628-3598, v. 1
The proposed project will not adversely affect or be materially detrimental to adjacent uses, in that surrounding properties to the north, south, east and west are all currently vacant land, and also zoned as Open Space, Desert Living 2.5 and Desert Living 5. Further, the project has been conditioned to ensure that it will not adversely affect adjacent uses.
c). That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed.

The site for the proposed use is of adequate size and shape in that the overall site is approximately 826 acres in size, which far exceeds established minimum development standards.
k) That the proposed use complies with all applicable development standards of the zoning district.

The proposed project has been designed and conditioned to meet all applicable City zoning and development standards for the zoning districts. l) That the proposed use observes the spirit and intent of this Zoning Code.

The proposed project meets the requirements of the Zoning Code. In addition, to ensure all Code requirements are met, conditions of approval have been added requiring that the project meet code requirements and therefore observes the spirit and intent of this zoning code.

Section 4. The Planning Commission hereby recommends that the City Council approve General Plan Amendment 21-02, Zone Change 21-02, Conditional Use Permit 21-20 and Location and Development Plan 21-20 to allow construction of a new utility scale, solar generating and energy storage facility on approximately 826 acres, subject to conditions of approval and based on the findings presented herein.

Section 5 The Planning Commission declares that should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect.

Section 6. The Chairperson shall sign and the Secretary shall certify to the passage and adoption of this Resolution.

ADOPTED, SIGNED, and APPROVED this 18th day of May 2022. __________________________________
Chris Waggener
Chairman of the Planning Commission

312
4823-7628-3598, v. 1
___________________________________
Nyeka Allen
Secretary, Planning Commission
I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution P-22-14 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 18th day of May 2022, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 18th day of May 2022.
___________________________________
Nyeka Allen
Secretary to the Planning Commission
313
ATTACHMENT B – HCD Email
314
ATTACHMENT C – VICINITY MAP
315
ATTACHMENT F – GENERAL PLAN, ZONING
316
ATTACHMENT E – AERIAL
317
Blue = Silver Peak Solar
Green = Baldy Mesa Solar (permitted)
318
Attachment G
Conditions of Approval
Conditional Use Permit No. CUP 21-20 and Location and Development Plan No. LDP 21-20 (related cases: General Plan Amendment NO. GPA 21-02, Zoning Change No. ZC 21-02,) July 27, 2022 Planning Commission
PROJECT: Proposal to amend the General Plan Land Use and Zoning Map to adopt a projectspecific Solar Energy Overlay Zone, approve a conditional use permit to allow a solar use in the Desert Living 2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts, and approve a site layout to facilitate the development of a utility scale solar generating facility on approximately 826-acres in the Desert Living, Open Space Zoning and Light Manufacturing Cannabis Only Districts in an area generally bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south.

Applicant: Silver Peak Energy, LLC

PLANNING DEPARTMENT
General Conditions:

1. Approval Period. Approval of CUP 21-20 and LDP 21-20 project will become valid only after a signed copy of the City’s approval letter is received by the Planning Department acknowledging acceptance of all conditions of approval. If not received within 10 working days after approval action, this approval will be null and void.

This approval shall be used within two (2) years of the approval date of this project; by July 27, 2024, otherwise, it shall become null and void and of no effect whatsoever unless application for extension is submitted by January 27, 2023 and subsequently approved by the City. Use means the beginning of the substantial construction under this approval within the two (2) year period which is thereafter diligently pursued to completion and in the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void.

2. Modification to Plans. Subsequent modifications of this approval, which do not intensify the use or significantly modify the layout, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Development Services Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the City’s Development Code.

3. Phasing. Phasing is not indicated for Conditional Use Permit 21-20 and Location and Development Plan 21-20.

4. Decommissioning. The term of the project is 35 years, at which time the conditional use permit shall expire. At that time the equipment will be removed from the site to a depth of three feet and the project decommissioned in coordination with the City. To ensure that the 319
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 2 ends

owner at that time is obligated to carry out the removal, the applicant shall execute a covenant and agreement to the reasonable satisfaction of the City Attorney and Director of Development Services as to form and content, which shall be recorded prior to issuance of a building permit. The covenant shall continue in effect until released by the City Council by a recorded instrument, based on a request submitted with applicable fees and evidence that supports the finding that the covenant is no longer required.

5. Indemnification of the City. (a) Applicant shall defend and indemnify the City, its agents, officers and employees from all claims against the City for damages, and other action, liability or proceeding to attack, set aside, void or annul the Project or any act or determination related to City’s approval of the Project. Applicant’s obligations under this Agreement shall include, without limitation, payment of all court costs and reasonable attorney fees, all litigationrelated costs, all judgments and awards against the City, and all settlement costs. (b) The City shall notify the Applicant promptly of any claim, action or proceeding and reasonably cooperate in the defense of such claim, action or proceeding. Upon receiving such notification, Applicant shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to City, which approval shall not be unreasonably withheld. In the event of a disagreement between the City and Applicant over litigation issues, City shall have authority to control the litigation and make litigation decisions, including but not limited to, settlement or other disposition of the matter. City’s participation in the defense of any such action shall not relieve the Applicant of any obligation imposed by this condition. If City determines that having common counsel would create a conflict of interest, or if Applicant fails to promptly assume the defense or to promptly employ counsel satisfactory to City, then City may hire counsel for its own defense, and Applicant shall pay the reasonable attorney fees and costs of such counsel within 30 days after receiving itemized invoices. Applicant shall also pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents.

6. Fees. All fees and charges the City has or intends to adopt that are due at the time of utility connection or when building permit(s) is/are issued shall be paid, as required by the City.

7. Outstanding Costs. Any fees due to the City for processing this project shall be paid to the City within 30 calendar days of payment request from the City. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this entitlement shall be permitted, authorized or commenced until all outstanding fees are paid to the City.

8. CEQA/Fish and Game Fees. The Applicant shall file a Notice of Determination with San Bernardino County and pay any related County fee associated with such Notice of Determination within five (5) days after the effective date of conditional approval. The Applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of filing is required prior to issuance of any permits.

9. Mitigation Monitoring Reporting Program for CUP 21-20 & LDP 21-20. The project shall incorporate mitigation measures specified in the adopted Initial Study/Mitigated Negative Declaration .
320
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 3 ends

10. Project Design. The proposed project design shall be consistent with the design presented to the Planning Commission and shall be consistent with Adelanto General Plan.

11. City Codes. The project shall comply with all applicable disabled access requirements of the Americans with Disabilities Act and Title 24 of the State Code, and all local requirements of the City of Adelanto Municipal Code, including Title 17 (Zoning Code)

12. Maintenance Responsibility. The maintenance of graded slopes and landscaped areas shall be the responsibility of the Applicant. Grading permits shall not be issued for any areas to be graded and remain undeveloped for an extended period (i.e. for subsequent phases of a development) until a re-vegetation plan is approved by the Planning Department.

13. Design Plans. Design plan submittals shall be prepared and signed by a California Licensed Architect or Engineer per State of California, Business and Professions Code. All plans shall be drawn to a standard scale.

14. Development Restrictions. The Applicant shall obtain all required City approvals for the physical development of the site.. Placement of any construction trailer or storage of construction materials shall be in accordance with Grading and Building Permits approved by the City.

15. Access to City Water Treatment or Wastewater Treatment facilities in the project area will not be impeded by the Applicant.

16. Trash Enclosures. Trash receptacles proposed for the site shall be enclosed by six (6) foot tall enclosures with view-obstructing gates.

17. Required Approvals. The Applicant shall obtain the following clearances or approvals:
a. Verification from the Planning Department that all pertinent conditions of approval have been met, including any administrative development plan review approvals, as mandated by the Adelanto Municipal Code.
b. Building and Safety Department
c. Engineering Department
d. San Bernardino County Fire Department
e. Mojave Desert AQMD
f. Department of Fish and Game
g. Any other required approval from an outside agency.
h. California Department of Transportation (CALTRANS).
321
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 4 ends

Prior to Issuance of Grading Permits:

18. Grading Plans. Grading plans shall be reviewed and approved by the Planning Department for compliance with the approved Development Plan prior to the issuance of a grading permit.

19. Joshua Trees. The applicant shall obtain an Incidental Take Permit from the State Department of Fish and Wildlife prior to further site disturbance and construction per the requirements of the City Development Code, the State Fish & Wildlife regulations commencing January 2021 and California Desert Native Plant Act.

20. Proof of Mitigation. Prior to the issuance of grading permits, the Applicant shall submit written proof, satisfactory to the Development Services Director, that the Mitigation Measures outlined in the Mitigation Monitoring and Reporting Program required to be fulfilled prior to construction as part of the project Mitigated Negative Declaration have been completed.

21. Signed Approval Letter. A signed copy of the City’s approval letter shall be on file with the Planning Department. If ownership of the property or the Applicant of the property has changed since the original approval, a new copy of the City approval letter shall be signed by the current development parties.

22. Conditions of Approval. The conditions of approval for Conditional Use Permit 21-20 Location and Development Plan 21-20 shall be included on the construction plans and submittal to the Building and Safety Department for Plan Check.

Prior to Issuance of Building Permits:

23. Building Plans. Building plans shall be reviewed and approved the Planning Department for conformance to the Conditions of Approval and the approved Development Plan prior to issuance of a building permit.

24. Signage. Proposed signs for this development shall require a separate application approval by the Planning Department prior to installation. Furthermore, all signs proposed for this development shall remain in full compliance with all City sign regulations at all times.

During Construction:

25. Approved Plans. All construction shall be per building permits issued by the Building Department and UBC Standards, and dust control shall be exercised at all times during construction.
322
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 5 ends

26. Dust Control. The applicant shall apply water to the disturbed portions of the project site in accordance with mitigation measure AQ-1 or as required by the Mojave Desert Air Quality Management District.

27. Construction Practices. To reduce potential noise and air quality nuisances, the following items shall be listed as “General Notes” on the construction drawings:
a. Construction activity and equipment maintenance is limited to the hours between 7:00 a.m. and dusk on weekdays. Construction may not occur on weekends or State holidays, without prior consent of the Building Official. Non-noise generating activities (e.g. interior painting) are not subject to these restrictions. b. Stationary construction equipment that generates noise in excess of 65 dBA at the project boundaries must be shielded and located at least 100 feet from occupied residences. The equipment area with appropriate acoustic shielding shall be designated on building and grading plans. Equipment and shielding shall remain in the designated location throughout construction activities. c. Construction routes are limited to City of Adelanto designated truck routes. d. Water trucks or sprinkler systems shall be used during clearing, grading, earth moving, excavation, or transportation of cut or fill materials to prevent dust in accordance with mitigation measure AQ-1 or as required by the Mojave Desert Air Quality Management District. This may include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour.
e. A person or persons shall be designated to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off-site. The name and telephone number of such person(s) shall be provided to the City. f. All grading equipment shall be kept in good working order per factory specifications.

28. Construction Activity.
a. The contractor shall provide verification that all construction equipment is in proper tune per the manufacturer’s recommendation.
b. Roll off trash bins and chemical toilets for construction workers shall be required on all construction sites and temporary fencing provided around the construction sites and/or a row of temporary fencing provided at such location as to prevent any building materials from blowing off of the construction site. c. During those periods when grading is being conducted, the contractor shall inspect the adjacent paved roadways at least two times per week, and shall sweep the street if visible dirt or dust, attributable to the project, can be seen on the roadway.

29. Archeological Resources. If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds shall be halted so that an archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures. A historical resources management 323
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 6 ends

report shall be submitted by the professional to document the monitoring, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures to mitigate potential adverse impacts. If archeological resources are encountered during grading, ground disturbance activities shall cease so a qualified archeological monitor can evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report their resources in accordance with standard archaeological management requirements. If the City finds that an Applicant encounters cultural resources and fails to notify the Planning Department, the City will place those responsible for the destruction of historic and archaeologically significant resources on file with the County of San Bernardino and the State of California, Office of Historic Preservation.

30. Paleontological Resources. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the Earth Sciences Division of the San Bernardino County Museum.

31. Human Remains. If human remains are encountered on the property, then the San Bernardino County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies.

Contact the County Coroner at either 1) 15329 Bonanza Road, Unit 8, Victorville, CA 92392 or (760) 955-8535; or 2) 175 South Lena Road, San Bernardino, CA 92415-0037 or (909) 387-2978.

32. Abandoned Wells. Any abandoned wells on the property or similar structures that might result in groundwater contamination shall be destroyed in a manner approved by the City and San Bernardino County Environmental Health Department.

33. Landscaping. A Landscaping Plan will be submitted to the City for review and approval prior to commencement of commercial operations..

34. Building Inspector. The applicant will be required to pay for a full time Building Inspector position for the entire length of the construction project. This will be required in addition to any Building permit fees paid to the City. Building permit fees will exclude costs for inspection.

ENGINEERING DEPARTMENT
General Conditions:

1. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) to be approved by the City. An approved SWPPP shall remain onsite during construction activity.

2. Grading activity shall be conducted such that, upon completion of grading, no additional stormwater runoff shall affect properties not owned or leased by the applicant. Applicant 324
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 7 ends

shall be liable for any damage to properties and structures caused by runoff resulting from grading activity.

3. Final Maps shall meet all requirements of the Adelanto Municipal Code, and shall include the following:
a. All easements within the City of Adelanto’s rights of way shall be subordinated to the City of Adelanto.
b. All easements and rights-of-way, both existing and as required by the Public Works Department Staff. All off site right of way required shall be acquired by the Developer pursuant to the subdivision map act and the Adelanto Municipal Code.

4. Reports Required:
a. Title Report. A preliminary title report accompanied by copies of all recorded documents cited therein shall be submitted to the Public Works Department staff for review along with the first submittal of the final map for the checking.

5. The City of Adelanto shall be “added insured” on all insurance policies for construction of this project. Proof of insurance shall be provided prior to start of construction.

6. Approval of this project in no manner obligates the City of Adelanto to extend water service, or sewer service, or improve streets, or extend any other infrastructure to service this development

7. No utility access points/manholes shall be placed within sidewalks or within twelve (12) inches of curb and gutter.

8. Fees Required:
a. Prior to issuance of any permits to construct any public improvements, the Developer shall pay to the City of Adelanto all applicable fees. b. Prior to issuance of any permits to construct any improvements, the developer shall procure an Encroachment Permit from the City of Adelanto.

9. All monuments shall be referenced or reset in accordance with the Business and Professions Code.

10. All improvements constructed in conjunction with this project shall be design and constructed to the City standards, Department of Transportation standards, Green Book Standards, and the City Engineer Requirements that are in effect at the time of improvement tentative map approval. Improvements shall be constructed to comply with any health and safety regulations or changes to state and federal laws current at the time construction as directed at the time of construction by the City Engineer.
325
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 8 ends

11. Inspection. The Developer shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the businesses or residences wherein any construction work is in progress. Upon completion of the work the Developer shall request a final inspection by the City Engineer, or City Engineer authorized representative. If the City Engineer or designated representative determines the work has been completed in accordance with this entitlement, the Improvement Plans and City standards, then the City Engineer shall certify the Completion of the Improvements to the CITY, and the City Council shall accept the Improvements.

Street Improvements:

12. All utility tie-ins and other work that disturbs existing public right of way improvements shall be restored per City Encroachment Permit Provisions, or as directed by the Public Works and Engineering Departments staff:
a. Any disturbance of pavement newer than 12 months requires the full disturbed pavement section to be cold-planed (grinded down) a tenth of a foot (.1 feet) and resurfaced with AC AR 4000, as directed by Public Works/ Engineering Department staff.

Traffic Safety:

13. During construction, temporary pedestrian and traffic control devices shall be constructed as deemed necessary by the City Public Works Department staff at locations where construction traffic disrupts normal traffic. Such measures and devices shall include but are not limited to: flagmen, barricades, portable electric traffic signals and street sweeping.

CONSERVATION

14. Mandatory Organic Recycling in accordance with AB 1826. Contact Burrtec – Robert Rios ([email protected]) for recycling information.

15. “Saving by Design” Southern California Edison Energy Efficiency – Contact Maya Aubrey [email protected] for electrical efficiency information.

16. For water conservation, use Hydroponics or other low water use irrigation systems. Water should be recycled as much as possible.

ENGINEERING/PUBLIC WORKS DEPARTMENT/BUILDING & SAFETY

17. The Project shall comply with the City Engineer’s Conditions of Approval and the Building & Safety Conditions of Approval letter.

SAN BERNARDINO COUNTY FIRE DEPARTMENT

18. All conditions of approval specified by the San Bernardino County Fire Department in their letter dated 11/18/2021, attached, shall be met.

MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT (MDAQMD)
326
CUP 21-20 & LDP 21-20
Conditions of Approval

Page 9 ends

19. All conditions and requirements specified by the MDAQMD shall be met. 327
ATTACHMENT H – SILVER PEAK LDP OVERALL SITE PLAN
328
329
Calleja Rd
Muskrat Ave
Raccoon Ave
Coronado Ave
Colusa Rd
Beaver Ave.

Koa al Rd.

R ci hardson Rd.

El Mirage Rd.
395
V:\1858\active\185804340\05_report_deliv\dwgs_design\MXD\ISMND MXDS\Fig1_SolarEnergyConversionSystemOverlayZone_SIlverPeak_04202022.mxd Revised: 2022-04-20 By: dalaw 185804340
sPower
Silver Peak Solar
IS/MND Report
Adelanto, CA
Prepared by DL on 2022-04-20
TR by ST on 2022-04-20
IR by SR on 2022-04-20
Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format, and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.

Notes

1. Coordinate System: NAD 1983 StatePlane California V FIPS 0405 Feet

2. Data Sources:Stantec 2020. Parcel/ Zoning data from City of Adelanto, June 2019.

3. Background: National Geographic, Esri, Garmin, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.

Figure No.

Title
Project Location
Client/Project
Project Footprint
Solar Energy Conversion System Overlay Zone
City Boundary
Open Space (OS) Zoning District
Desert Living (DL - 5) (1 DU/5 ac.) Zoning District
Desert Living (DL - 2.5) (1 DU/2.5 ac.) Zoning District Light Manufacturing Cannabis Only (LMCO)
(At original document size of 8.5x11)
1:26,400
0 1,100 2,200
Feet
1 Solar Energy Conversion
System Overlay Zone Map
330
V:\1858\active\185804340\05_report_deliv\dwgs_design\MXD\KOP_MXDs\Fig1_KOPPhotopoints_Direction_SIlverPeak_03172021.mxd Revised: 2021-08-10 By: dalaw 185804340
sPower
Silver Peak Solar
IS/MND Report
Adelanto, CA
Prepared by DL on 2021-08-10
TR by ST on 2021-08-10
IR by JH on 2021-08-10
Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format, and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.

Notes

1. Coordinate System: NAD 1983 StatePlane California V FIPS 0405 Feet

2. Data Sources:Stantec 2020. Parcel/ Zoning data from City of Adelanto, June 2019.

3. Background: © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS National Geographic, Esri, Garmin, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.

Figure No.

Title
Project Location
Client/Project
Key Observation Points
Substation and Battery Energy Storage System Yard Location Alternative A Substation and Battery Energy Storage System Yard Location Alternative B Project Parcels Footprint
(At original document size of 8.5x11)
1:31,680
0 0.25 0.5
Miles
1 Key Observation Point Location Map
331
Project Location
Adelanto, CA
Client/Project
Figure No.
b) View from KOP 1 with the proposed project.
2 Title
Key Observation Point 1
sPower
Silver Peak Solar
IS/MND Report
a) View to the west from the intersection of Colusa Road and Aster Road. A portion of the approved Baldy Mesa Solar Project is visible along the left edge of the view, to the south of Colusa Road.

KOP 1
BEFORE
AFTER
332
Project Location
Adelanto, CA
Client/Project
Figure No.
a) View to the south from US 395. This viewpoint is just west of the Thien Vien Chan Nguyen Buddhist Meditation Center. b) View from KOP 2 with the proposed project.
3 Title
Key Observation Point 2
sPower
Silver Peak Solar
IS/MND Report
KOP 2
BEFORE
AFTER
333
Project Location
Adelanto, CA
Client/Project
Figure No.
a) View to the north from Muskrat Avenue at El Mirage Road. Substation and BESS Yard Location Alternative A, which was approved as part of the Baldy Mesa Solar Project, is visible to the north. b) View from KOP 3a with the proposed project.
4 Title
Key Observation Point 3a
sPower
Silver Peak Solar
IS/MND Report
KOP 3a
BEFORE
AFTER
334
Project Location
Adelanto, CA
Client/Project
Figure No.
a) View to the northeast from Muskrat Avenue at El Mirage Road. b) View from KOP 3b with the proposed project. Substation and BESS Yard Location Alternative B is visible in the right half of this view. 5 Title
Key Observation Point 3b
sPower
Silver Peak Solar
IS/MND Report
KOP 3b
BEFORE
AFTER
335

ATTACHMENT K
RESOLUTION NO. 22-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA ADOPTING THE INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION FOR THE

PROPOSED SILVER PEAK SOLAR PROJECT
WHEREAS, the applicant, Silver Peak Energy, LLC has initiated the filing of General Plan Amendment No. 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project; as well as Zone Change No. 21-02; Location and Development Plan No. 21-20; and Conditional Use Permit No. 21-20 to allow the Silver Peak Solar Project; and
WHEREAS, the City of Adelanto, as lead agency, determined that an Initial Study should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the proposed Silver Peak Solar Project; and WHEREAS, an Initial Study identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations, and the public, on February 7, 2022 through March 7, 2022 for a period of 30 days, pursuant to State CEQA Guidelines; and WHEREAS, the Initial Study and Mitigated Negative Declaration reflect the independent judgment and analysis of the City Council of the City of Adelanto and are deemed adequate for purposes of making decisions on the merits of the proposed Silver Peak Solar Project and accompanying actions; and
WHEREAS, on May 18, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. 21-02, Zone Change No. 21- 02, and Location and Development Plan No. 21-20, and Conditional Use Permit No. 21-20 for the Silver Peak Solar Project, and recommended approval of the project after considering public testimony and accompanying documents; and
WHEREAS, the applicant will observe a Mitigation Monitoring and Reporting Program pursuant to the terms and conditions of approval for the Silver Peak Solar Project; and WHEREAS, all legal prerequisites for the adoption of this resolution have occurred;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are all true and correct. 336
4813-5837-8190, v. 3
SECTION 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed General Plan Amendment No. 21- 02, Zone Change No. 21-02, Location and Development Plan No. 21-20, and Conditional Use Permit No. 21-20. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.

SECTION 3. The City Council hereby finds and determines that the Mitigated Negative Declaration for General Plan Amendment No. 21-02, Zone Change No. 21-02, Location and Development Plan No. 21-20, and Conditional Use Permit No. 21-20 is supported by the Initial Study, which evaluates the potential effects on the physical environment of the proposed Silver Peak Solar Project and its associated discretionary approvals and determines that the proposed Silver Peak Solar Project would not have a significant effect on the environment after implementation of mitigation measures.

SECTION 4. For the foregoing reasons, the City Council hereby adopts the Initial Study and Mitigated Negative Declaration for the proposed Silver Peak Solar Project. The Initial Study and Mitigated Negative Declaration, and all documents and other materials that constitute the record of its proceedings, will be stored at City of Adelanto Hall at the under the custody of City of Adelanto.

SECTION 5. The City Council furthermore adopts the Mitigation Monitoring and Reporting Program pursuant to the terms and conditions of approval for the Silver Peak Solar Project.

SECTION 6. The Mayor shall sign this Resolution, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, and ADOPTED by the City Council this 27 day of July, 2022 by the City of Adelanto.
______________________________
Gabriel Reyes, Mayor
______________________________
Brenda Lopez, City Clerk
337
4813-5837-8190, v. 3
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing General Plan Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 27 day of July, 2022, be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 27 day of July, 2022.
____________________________________
Brenda Lopez, City Clerk
338

ATTACHMENT L
RESOLUTION NO 22-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY

OF SAN BERNARDINO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 21-02 ADOPTING A SOLAR ENERGY CONVERSION SYSTEM OVERLAY ZONE

IN THE GENERAL PLAN LAND USE MAP AND ZONING MAP SPECIFIC TO THE

SILVER PEAK SOLAR PROJECT, APPROVING LOCATION AND DEVELOPMENT PLAN NO. 21-20, AND APPROVING CONDITIONAL USE PERMIT NO. 21-20 ALLOWING THE SILVER PEAK SOLAR PROJECT. (THIRD AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT FOR THE YEAR.)
WHEREAS, the applicant, Silver Peak Energy, LLC, has initiated the filing of General Plan Amendment No. 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena Road and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project, Location and Development Plan No. 21- 20, and Conditional Use Permit No. 21-20 allowing the Silver Peak Solar Project; and WHEREAS, the City of Adelanto recognizes the need to Amend the City of Adelanto General Plan and Zoning Map to facilitate SECS development of all sizes in the City through the use of project-specific SECS Overlay Zones that allow SECSs pursuant to a Conditional Use Permit and Location and Development Plan; and
WHEREAS, on May 18, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. 21-02, Zone Change No. 21- 02, Location and Development Plan No. 21-20, and Conditional Use Permit No. 21-20 for the Silver Peak Solar Project, and recommended approval of the project after considering public testimony and accompanying documents; and
WHEREAS, the City of Adelanto, as lead agency, determined that an Initial Study should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the proposed Silver Peak Solar Project; and WHEREAS, an Initial Study identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations on February 7, 2022 through March 7, 2022 for a period of 30 days, pursuant to State CEQA Guidelines; and WHEREAS, the Initial Study and Mitigated Negative Declaration reflect the independent judgment of the City Council of the City of Adelanto and are deemed adequate for purposes of making decisions on the merits of the proposed Silver Peak Solar Project and accompanying actions; and
WHEREAS, all legal prerequisites for the adoption of this resolution have occurred;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are all true and correct. 339
4849-5656-1102, v. 6
SECTION 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed General Plan Amendment No. 21- 02, Location and Development Plan No. 21-20, and Conditional Use Permit No. 21-20. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.

SECTION 3. The City Council hereby finds and determines that:

FOR GENERAL PLAN AMENDMENT NO. 21-02
(a) The proposed amendment is in the public interest, and there will be a community benefit resulting from the amendment.

The amendment is in compliance with state law and local law and is in the public interest in that the construction of utility scale solar generating facilities will facilitate the development of solar energy, which implements the conservation policies of the City’s General Plan. The community benefits from the installation of alternative forms of clean, sustainable energy.
(b) The proposed amendment is consistent with the goals, policies, and objectives of the General Plan.

The amendment is consistent with the land use goals, policies, and objectives of the General Plan as it will provide the City with flexibility to allow well-sited SECS as a conditional use in additional locations through site-specific SECS overlay zones. The SECS overlay zone proposed for the Silver Peak Solar Project would facilitate development of a 150-megawatt (MWAC) maximum capacity utility scale solar generating and storage facility on approximately 826 acres, which is a use that is contemplated and consistent with the Economic Development and Conservation goals, policies and objectives of the General Plan. The proposed amendment conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, “Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development.”
(c) The proposed amendment will not conflict with provisions of the Zoning Code, subdivision regulations, or any applicable specific plan.

The proposed amendment will not conflict with the provisions of the Zoning Code, subdivisions or any applicable specific plan in that the Silver Peak Solar Project has been conditioned to meet all applicable zoning regulations. (d) In the event that the proposed amendment is a change to the land use policy map, the amendment will not adversely affect surrounding properties. 340
4849-5656-1102, v. 6
The amendment would result in a change to the land use policy map; however, it will not adversely affect surrounding properties in that it has been conditioned to ensure compatibility with future surrounding land uses.

FOR LOCATION AND DEVELOPMENT PLAN NO. 21-20
(a) The proposed Location and Development Plan is consistent with the General Plan.

The proposed Location and Development Plan, to allow SECS use on approximately

20.617 acres of property zoned as Open Space, 570.928 acres of property zoned as Desert Living 2.5, 234.521 acres of property zoned as Desert Living 5 and 185.199 acres of property zoned as Light Manufacturing Cannabis Only is consistent with the General Plan in that it implements the goals, policies and objectives of the General Plan, particularly the Conservation and Economic Development Elements of the Plan.

The proposed Conditional Use Permit conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, “Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development.” (b) The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures.

The proposed Silver Peak Solar Project will not adversely affect or be materially detrimental to adjacent uses, in that surrounding properties to the north, south, east and west are all currently vacant land, and also zoned as Open Space, Desert Living 2.5 and Desert Living 5. Further, the Silver Peak Solar Project has been conditioned to ensure that its will not adversely affect adjacent uses.
(c) The site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed.

The site for the proposed use is of adequate size and shape in that the overall site is approximately 826.065 acres in size, and the Silver Peak Solar Project far exceeds established minimum development standards.
(d) The proposed use complies with all applicable development standards of the zoning district.

The proposed Silver Peak Solar Project has been designed and conditioned to meet all applicable City zoning and development standards for the zoning districts. (e) The proposed use observes the spirit and intent of this Zoning Code. 341
4849-5656-1102, v. 6
The proposed Silver Peak Solar Project meets the requirements of the Zoning Code. In addition, to ensure all Zoning Code requirements are met, conditions of approval have been added requiring that the project meet code requirements and therefore observes the spirit and intent of this zoning code.

FOR CONDITIONAL USE PERMIT NO. 21-20
(a) The proposed Conditional Use Permit is consistent with the General Plan.

The proposed Conditional Use Permit would allow SECS use on approximately 20.617 acres of property zoned as Open Space, 570.928 acres of property zoned as Desert Living 2.5, 234.521 acres of property zoned as Desert Living 5 and 185.199 acres of property zoned as Light Manufacturing Cannabis Only which is consistent with the General Plan in that it implements the goals, policies and objectives of the General Plan, particularly the Conservation and Economic Development Elements of the Plan.

The nature, condition and development of adjacent uses, building and structures have been considered in that the project has been conditioned so that it will not adversely affect, or be materially detrimental to adjacent uses, buildings or structures. (c) The site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed.

The site for the proposed Conditional Use Permit is of adequate size and shape to accommodate the use and proposed structures, in that the site far exceeds established minimum development standards and can easily accommodate the proposed use. (d) The proposed use complies with all applicable development standards of the zoning district.

The proposed Conditional Use Permit, as conditioned, complies with all applicable development standards of the zoning districts in which it lies. (e) The proposed use observes the spirit and intent of the Zoning Code.

The proposed Conditional Use Permit, as conditioned, observes the spirit and intent of the zoning code.
342
4849-5656-1102, v. 6
(f) The SECS conforms with the Adelanto North 2035 Sustainable Plan policy LC 4.4, which states, “Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development.”
The proposed Silver Peak Solar Project SECS promotes the use of solar energy generation.
(g) The SECS conforms with Subsections (b) through (e) of Section 17.80.070 of the Zoning Code as amended by Zoning Code Amendment 19-02.

The proposed Silver Peak Solar Project SECS complies with the height limitations and setbacks for the Desert Living 2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts; operation of the proposed Silver Peak Solar Project SECS will not emit sounds which exceed 65 decibels as measured from the property line; all on-site wiring for the proposed Silver Peak Solar Project SECS will be installed underground; and the proposed Silver Peak Solar Project SECS shall be installed and operated so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized.
(h) The SECS will not, at the location proposed:
a. Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site because the proposed panels are within the height regulations of the rural residential zones and are designed with adequate setbacks from the adjacent street.

The proposed Silver Peak Solar Project SECS complies with the height limitations and setbacks for the Desert Living 2.5, Desert Living 5, Open Space and Light Manufacturing Cannabis Only zoning districts. b. Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare because adequate sewer, water, and drainage improvements will be part of the project.

The proposed Silver Peak Solar Project SECS is designed with adequate sewer, water, and drainage improvements that will be a part of the project. (i) The SECS will not substantially adversely affect other nearby uses because all aesthetic, noise, and other environmental concerns will be mitigated through various design features, including screening and the use of silent or low-noise equipment.

The Initial Study for the proposed Silver Peak Solar Project SECS mitigates all substantially adverse aesthetic, noise, and other environmental concerns presented by the SECS.
(j) The proposed site is adequate in size and shape to accommodate the SECS and other development features prescribed in the zoning ordinance or as otherwise required to integrate said use with surrounding uses.
343
4849-5656-1102, v. 6
The site proposed for the proposed Silver Peak Solar Project SECS is adequate in size and shape to accommodate the project.
(k) The proposed site is adequately served by the surrounding streets, which are of sufficient width and improved as necessary to carry the anticipated daily vehicle trips such use would generate; and by other public and private service facilities, including sewer, water, fire, and police services, as required.

The proposed site is adequately served by surrounding streets and other public and private service facilities to accommodate the proposed Silver Peak Solar Project SECS. (l) The proposed use will not result in a significant effect on the environment because all potential impacts have been found to be less than significant with the inclusion of mitigation measures or are determined to be acceptable due to overriding considerations.

The Initial Study for the proposed Silver Peak Solar Project SECS demonstrates that the project will not result in a significant effect on the environment after mitigation.

SECTION 4. The Mayor shall sign this Resolution, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, and ADOPTED by the City Council this 27 day of July, 2022 by the City of Adelanto.
______________________________
Gabriel Reyes, Mayor
______________________________
Brenda Lopez, City Clerk
344
4849-5656-1102, v. 6
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing General Plan Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 27 day of July, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 27 day of July, 2022.
____________________________________
Brenda Lopez, City Clerk
345

ATTACHMENT M
ORDINANCE NUMBER 629

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING ZONE CHANGE NO. 21-02

ADOPTING A SOLAR ENERGY CONVERSION SYSTEM OVERLAY

ZONE IN THE GENERAL PLAN LAND USE MAP AND ZONING

MAP SPECIFIC TO THE SILVER PEAK SOLAR PROJECT
WHEREAS, the applicant, Silver Peak Energy, LLC, has initiated the filing of General Plan Amendment/Zoning Change No. GPA 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena Road and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project; and WHEREAS, on May 18, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. 21-02, Zone Change No. 21-02, Location and Development Plan No. 21-20, and Conditional Use Permit No. 21-20 for the Silver Peak Solar Project, and recommended approval of the proposed Silver Peak Solar Project after considering public testimony and accompanying documents; and WHEREAS, the City of Adelanto, as lead agency, determined that an Initial Study should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the Project; and WHEREAS, an Initial Study identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations, and the public, on February 7, 2022 through March 7, 2022 for a period of 30 days, pursuant to State CEQA Guidelines; and
WHEREAS, the Initial Study and Mitigated Negative Declaration reflect the independent judgment of the City Council of the City of Adelanto and are deemed adequate for purposes of making decisions on the merits of the proposed Silver Peak Solar Project and accompanying actions; and
WHEREAS, on July 27, 2022, the City Council conducted a duly noticed public hearing on the proposed Zone Change and considered testimony and materials in the staff report and accompanying documents and exhibits; and
WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as follows:

Section 1. The above recitals are all true and correct. 346
4849-0321-9918, v. 3
Section 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed Zone Change No. 21-02. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.

Section 3. The City Council hereby finds and determines that:
(a) The proposed Zone Change No. 21-02 is consistent with the goals, policies, and objectives of the General Plan.

The proposed Zone Change No. 21-02 is consistent with the land use goals, policies, and objectives of the General Plan. The SECS overlay zone proposed for the Silver Peak Solar Project would facilitate development of a 150- megawatt (MWAC) maximum capacity utility scale solar generating and storage facility on approximately 826 acres, which is a use that is contemplated and consistent with the Economic Development and Conservation goals, policies and objectives of the General Plan. The proposed amendment conforms with the City’s Adelanto North 2035 Sustainable Plan Policy LC 4.4, which states, “Promote the use of solar, wind, and other alternative energy generation systems as part of new planned development.” (b) The proposed Zone Change No. 21-02 will not adversely affect surrounding properties.

The proposed Zone Change No. 21-02 will not adversely affect surrounding properties in that it has been conditioned to ensure compatibility with future surrounding land uses.

Section 4. The Mayor shall sign and the Secretary shall certify to the passage and adoption of this Zone Change.

PASSED, APPROVED AND ADOPTED this 27 day of July, 2022 by the City of Adelanto.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
347
4849-0321-9918, v. 3
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Zone Change was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 27 day of July 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 27 day of July, 2022.
______________________________
Brenda Lopez, City Clerk
348
349
350
351
352
353

CITY COUNCIL AGENDA REPORT
DATE: July 27, 2022
TO: Honorable Mayor and Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Principal Accountant; Derik Despain, Senior Accountant SUBJECT:

APPROVE RESOLUTION 22-52 ORDERING THE LEVY AND COLLECTION OF ANNUAL CFD 2006-2 SPECIAL TAXES FOR FISCAL YEAR 2022-2023 STAFF RECOMMENDATION:

Approve Resolution No. 22-XX ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2022-2023 (FY22/23).

BACKGROUND:

Within the City of Adelanto we have an active CFD (or Community Facilities Districts) designated as CFD 2006-2 and that was formed in August 2007.

CFD’s authorize the collection of a special tax to pay for certain public infrastructure improvements and public safety services within their particular Districts. The attached Resolution authorizes the levy of these special taxes on improved parcels within these Districts and duly authorize the County of San Bernardino to add the special tax to the corresponding property owners’ tax bills.

Our CFD’s authorize the collection of two different taxes referred to as Special Tax A and Special Tax B.

Special Tax A was originally developed to fund the financing of onsite improvements required to be installed by the developer. When the district was formed certain assumptions were made regarding the project which included; tax rate, home prices, number of units, and the cost of improvements. Since that time, however, the housing market collapsed voiding all of the previous assumptions. For FY22/23, the total levy is $652,332 for both areas in CFD 2006-2.

FISCAL IMPACT:

There is no fiscal impact to the General Fund. The collected revenues are passed through in order to make bond payments.

ATTACHMENTS:

1. Resolution 22-52

2. Map of CFD 2006-2

3. CFD Budget Worksheets
354
RESOLUTION NO. 22-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, ORDERING THE LEVY AND

COLLECTION OF ANNUAL SPECIAL TAXES RELATED TO

THE CITY OF ADELANTO COMMUNITY FACILITIES
DISTRICT (CFD) 2006-2 (IMPROVEMENT AREA NO. 1 AND
IMPROVEMENT AREA NO. 2) (MANZANITA AND ESPINOZA)
FOR FISCAL YEAR 2022-2023.

WHEREAS, The City Council (the “City Council”) of the City of Adelanto is the legislative body of the Community Facilities District No. 2006-2 (Improvement Area No. 1 and Improvement Area No. 2) (Manzanita and Espinoza) (the “District”), which District was established pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

WHEREAS, the City Council adopted establishing the District, and providing for the Special Tax in accordance with Section 53340 of the Act authorizing the levy of the Special Tax on the property located within the District; and

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ADELANTO, AS FOLLOWS:

Section 1: That preceding recitals are true and correct.

Section 2: The City of Adelanto has hereby determined to Levy the Special Taxes in Fiscal Year 2022-2023, and for each subsequent Fiscal Year, in the District and to each parcel therein.

Section 3: The rate of each Special Tax utilized in the preparation of the Report does not exceed the amount previously authorized and is not in excess of that approved by the qualified electors of the applicable Improvement Area of the District.

Section 4: The proceeds of the Special Tax shall be used to pay, in whole or in part, the approved costs for the subject fiscal year as provided in the City of Adelanto Community Facilities District No. 2006-2 (Improvement Area No. 1 and Improvement Area No. 2) (Manzanita and Espinoza).

Section 5: The Auditor-Controller of the County of San Bernardino is hereby directed to apply the real property statement for each parcel in the District for the current fiscal year listing the Special Tax due opposite each parcel of land affected, in a line item designated “CFD Special Tax,” or any other suitable designation, in accordance with this resolution.

Section 6: All applicable Special Taxes collected will be paid to the trustee for deposit in the applicable Special Tax Fund upon receipt by the City of Adelanto from the AuditorController pursuant to the terms of the indenture of Trust.

Section 7: The Auditor-Controller shall, at the close of the tax collection period, promptly render to the Director a detailed report showing the amounts of the Special Tax installments, penalties, interest, and fees collected, and from which properties collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in 355
Resolution No. 22-52
June 27, 2022

Page 2 ends

accordance with a contact, if any, entered into between the district and the AuditorController, pursuant to Section 29304 of the Government Code of the State of California or as otherwise provided by law.

Section 8: This resolution shall take effect immediately upon its passage and adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of Adelanto on the 27
rd day of July, 2022.
_________________________
Gabriel Reyes, Mayor
ATTEST:
_________________________
Brenda Lopez, City Clerk
356
Resolution No. 22-52
June 27, 2022

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-52 was duly and regularly adopted at a regular meeting of the Council of the City of Adelanto on this 27th day of July, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto, on the 27th day of July, 2022
_________________________
Brenda Lopez, City Clerk
357
358
359
360
361

CITY COUNCIL AGENDA REPORT
DATE: July 27, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brian D. Wolfe, Contract City Engineer
SUBJECT: Recommend Approval of Encroachment Permit Agreement with AES Corporation for the Baldy Mesa project site.

STAFF RECOMMENDATION:

Staff recommends City Council approve the Encroachment Permit Agreement between the City of Adelanto and AES Corporation and authorize the City Manager to execute all stated agreements.

BACKGROUND:

Adelanto staff has reviewed a solar power project with AES Corporation, formerly “S-Power,” including recommendations for Planning Commission action in October 2020. Commission approvals include a Conditional Use Permit and Zoning Code Amendment. Project scope includes 1,197 acres of solar panels generating approximately 200-megawatts of electric power, and a 3.9-mile route of overhead cables and the “Gen-tie,” to convey this power to Southern California Edison (SCE). The attached Encroachment Permit Agreement sets all terms and conditions for constructing, operating and maintaining solar power facilities on properties owned or leased by AES Solar, which require use of portions of public right-of-way, see Attachment A, Exhibits. A previous encroachment permit agreement was limited to the “gen-tie” route along Raccoon Avenue, Bartlett Avenue and Delicious Street.

Development Services, and legal counsel have reviewed the agreements and concur no undue burden will be placed on the City by entering into said agreements with AES. Staff recommends City Council accept and authorize City Manager to execute the attached agreement and memo.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Exhibits
B. Encroachment Permit Agreement (Project Site)
C. Memo Encroachment Permit Agreement
362

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-1
363

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-2
L
L
LEGEND: C MUSKRAT AVENUE

C AVALON AVENUE
P.O.C.

T.P.O.B.

P.O.T.

P.O.C.

T.P.O.B.

P.O.T.
364

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-3
365

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-4
L
L
LEGEND: C BADGER AVENUE

C AVALON AVENUE
P.O.C.

T.P.O.B.

P.O.T.

P.O.C.

T.P.O.B.

P.O.T. C KOALA ROAD L
366

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-5
367

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-6
LEGEND:

PARCEL 2
PARCEL 1 C KOALA ROAD L

LC AVALON AVENUE
368

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-7
369

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-8
P.O.C. C CORONADO AVENUE L
T.P.O.B. P.O.T. C KOALA ROAD L
LEGEND:

P.O.C.

T.P.O.B.

P.O.T.
370

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-9
371

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-10
372

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-11

LC TRIMUFO ROAD C BEAVER ROAD L
LEGEND:

PARCEL 2
PARCEL 1
373

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-12
374

CITY OF ADELANTO
8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com
EXHIBIT "B"
B-13
L

C COLUSA ROAD L C RICHARDSON ROAD
P.O.C.

T.P.O.B.

P.O.T.

LEGEND:

P.O.C.

T.P.O.B.

P.O.T.
375
1 ENCROACHMENT PERMIT AGREEMENT
(Solar Generation Energy Collection System and Related Facilities) This ENCROACHMENT PERMIT AGREEMENT (this “Agreement”), dated __________________, 2022 (the Effective Date”), is hereby entered into by and between the CITY OF ADALANTO, a California municipal corporation and charter city (the “City”), and BALDY MESA SOLAR, LLC, a Delaware limited liability company, (the “Solar Generator”).

R E C I T A L S
A. The Solar Generator owns and operates certain photovoltaic electric energy generating projects in the vicinity of the License Area (as defined below), including the Baldy Mesa Solar project (“Project”).

B. The Solar Generator desires to construct, install, maintain, operate, repair, renew and remove electrical transmission and telecommunication facilities more particularly described in Exhibit “A”, “(Description of Facilities”), attached hereto and made a part hereof, together with the appurtenances and equipment necessary or convenient for operation thereof for the benefit of the Projects (collectively, the “Facilities”), in certain public highways, roadways, streets, easements or other rights-of-way located in the City, now or hereafter dedicated to public use.

C. The City has the authority to regulate the terms and conditions for the use of public rights-of-way.

D. Pursuant to the terms and conditions of this Agreement, the City desires to authorize the Solar Generator to utilize a portion of the public right-of-way in the locations described and depicted in Exhibit “B” (collectively the “License Area”), attached hereto and made a part hereof, in order to construct, install, maintain, operate, repair, renew and remove the Facilities, subject to the terms and conditions set forth below.

NOW THEREFORE, in consideration of the recitals set forth above, the covenants and agreements set forth herein below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Solar Generator agree as follows:

1. Non-Exclusive License to Use Public Right-of-Way.

1.1 Grant of Non-Exclusive License. Subject to the provisions of this Agreement, all applicable laws and all City ordinances, City hereby grants to Solar Generator a non-exclusive license (“License”) to construct, install, maintain, operate, repair, renew and remove the Facilities along, over, across, under and in the Licensed Area. The term of the License shall commence upon the Effective Date of this Agreement and, subject to earlier termination pursuant to section 7, shall expire and be of no further force on its 35th anniversary (the “Term”). Upon the expiration or earlier termination of the License, subject to any extension or renewal, the Solar Generator shall remove or relocate, at its sole cost and expense, the Facilities from the public highways, roadways, streets or other right of ways that were constructed and/or installed pursuant to this Agreement. In the event the Solar Generator fails or refuses to timely remove the Facilities, the City may remove the Facilities at the Solar Generator’s expense and the Solar Generator shall promptly pay the City upon the City’s demand the full cost of the City’s removal. The City may take possession of, and appropriate to itself without 376
2 payment therefor, any of the Facilities or other property that the Solar Generator fails to remove and that remains in, on or under the City’s public roads, highways or other right of ways subsequent to the expiration or earlier termination of the License.

1.2 Licensing Fee. Solar Generator agrees to pay, and the City agrees to accept, a licensing fee of $2.16 per linear square foot for the Facilities located in the License Area.

1.3 City’s Use of Public Right-of-Way and License Area. Except as and to the extent specifically authorized and permitted herein, the Solar Generator shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility and municipal property without the approval of the owner(s) of the affected property or properties. In the event the City desires to make use of the public right of way, the City shall make good faith efforts to avoid unnecessary disturbances of the constructed Facilities within the License Area.

1.4 No Grant of Property Interest. This Agreement, including the License granted herein, is not a grant by the City of any property interest and is expressly made subordinate to the prior and continuing right of the City and its assigns to use all of the License Area in the performance of its duty, including, but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility and municipal uses, together with appurtenances thereof and with right of ingress and egress, along, over, across and in the License Area.

1.5 Existing Rights and Interests. This Agreement, including the License granted herein, is expressly made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the License Area, and it is understood that the Solar Generator, at its sole cost and expense, shall obtain such permission as may be necessary and consistent with any other existing rights. The City makes no representation, express or implied, concerning ownership or state of title of the License Area.

2. Operating Requirements.

2.1 Operation and Maintenance; Cost. The Solar Generator shall operate and maintain the Facilities in a clean and safe manner. The Facilities, including portion thereof, shall not impede vehicular or pedestrian traffic or interfere in any manner with the existence or operation of any public or private rights-of-way, use of any legally marked parking space, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, or other telecommunications, utility or municipal use. The cost of constructing, installing, operating and maintaining the Facilities shall be solely the responsibility of the Solar Generator; under no circumstance shall the City incur any obligation or liability for any cost associated with or related to the construction, installation, operation and/or maintenance of the Facilities.

Facilities constructed and/or installed pursuant to this Agreement upon any public highway, street or right-of-way that later becomes a state highway (with respect to area within which such Facilities have been constructed and/or installed) shall be maintained consistent with applicable laws of the State of California relating to the control and maintenance of any such state highway and applicable rules and 377
3 regulations adopted by any agency or department of the State of California that has jurisdiction over such state highway.

2.2 Compliance with Law; City Permit. The Solar Generator shall construct, install, operate and maintain the Facilities consistent with and subject to all applicable federal, state and local laws and regulations, including, without limitation, all applicable ordinances and regulations adopted by the City. The Solar Generator shall not commence installation, repair or maintenance, which disturbs the surface of any highway or obstructs its public use, without first obtaining a permit from the City. All activities undertaken and work performed by the Solar Generator shall be performed with the least possible interference with the use of the public highways, streets or other rights-of-way for purposes of travel. Any excavation of a public highway, street or other right-of way shall be backfilled, and the surface placed in as good condition as it was prior to such excavation and to the City’s satisfaction. The City may, but is not required to, perform repairs of any public highway, street or other right-of way which the Solar Generator may have excavated pursuant to this Agreement.

Workmanship and the cost of any repair of any public highway, street or other right-of way which the Solar Generator may have excavated pursuant to this Agreement shall be consistent with industry standards and rates. All costs and expenses incurred by the City to remedy any noncompliance by Solar Generator of this section 2.2 shall be invoiced to the Solar Generator and the Solar Generator shall pay such invoice(s) upon demand. No action taken by the City pursuant to this section 2.2 shall constitute a waiver of any of the Solar Generator’s obligations hereunder.

2.3 Costs to Repair Public Property. The Solar Generator shall pay the City, on demand, the cost of all repairs to public property made necessary by any of the activities of the Solar Generator under this Agreement.

2.4 Final Map. Within thirty (30) days after the construction and/or installation of the Facilities pursuant to this Agreement, the Solar Generator shall file with the City or the officer designated by said City, a map, showing in detail, the length and details of such installation and the location of the same with its beginning and terminus both with reference to the surface and with reference to the property lines along the public highway, street or right-of-way. Such map shall be in electronic format and shall satisfy the City’s Geographic Information System (“GIS”) requirements and shall be acceptable to the City’s Development Services Director.

2.5 Removal or Relocation. The State of California and any municipal corporation, political subdivision or governmental agency or instrumentality of the State of California acting in a governmental capacity may improve (or remove improvements from) any public highway, street or right-of-way within, upon or under which the Facilities have been constructed or installed pursuant to the License granted in this Agreement. If notice in writing is given to the Solar Generator at least sixty (60) days in advance that work is to be done pursuant to this section 2.5, the Solar Generator shall do all things necessary to protect and/or preserve its Facilities. If directed by the City’s Development Services Director, or by the governmental agency actually performing such work, the Solar Generator shall disconnect, remove or relocate its Facilities to the extent, in the manner and for the period necessary in order to permit the performance of such work, which shall all be at the reasonable discretion of the City’s Development Services Director, in accordance with generally recognized engineering and construction methods. All removal, relocation and/or other work required by this section 2.5 shall be performed at the Solar Generator’s sole cost and expense. Without limiting the foregoing, the City expressly reserves the right, through its Development Services Director, to:
(i) change the grade, alignment, or width of any public highway, street and/or right-of-way over, 378
4 within, or upon which the Facilities are constructed and/or installed pursuant to the License granted in this Agreement; and/or (ii) extend, place, lay or construct an installation of any kind or nature including the construction of any subway or viaduct, whether or not it interferes with and requires the Solar Generator to disconnect, remove, and/or relocate the Facilities. In the event the City’s Development Services Director exercises any of the foregoing rights, the City’s Development Services Director agrees: (a) to reasonably cooperate with the Solar Generator in order to accommodate the temporary or permanent re-installation and/or relocation of the Facilities within the License Area or as a last resort within City’s alternative existing public rights-of-way in an expedited manner and in a manner that reasonably avoids adverse impacts to the Solar Generator to the maximum extent possible; and (b) to provide Solar Generator with sixty (60) days’ prior written notice informing the Solar Generator of its obligation to disconnect, remove, and/or relocate the Facilities. The Solar Generator shall be responsible and liable for such removal, disconnection and/or relocation as and to the extent required under applicable law.

2.6 Laying of Pipe Across or Under Pavement. The laying of pipe across or under any portion of pavement shall be done by a tunnel or bore unless the City’s Development Services Director directs otherwise. The City’s Development Services Director shall have the right to refuse permission for the laying of pipe across or under any paved public highway, street or right-ofway, if he or she believes that such work cannot be done without permanent damage to the public highway, street or right-of-way.

2.7 Liability for Increased Cost. In the event the City, or any other governmental agency or instrumentality, shall construct, install, reconstruct or repair any bridge or artificial support in or underlying any public highway, street or right-of-way in, upon or under which the Facilities are located, and the cost of constructing, installing, reconstructing or repairing such bridge or artificial support is increased as a result of the Facilities, the Solar Generator shall pay (upon completion of such construction, installation or repairs) to the City, or such other governmental agency or instrumentality, the full amount of such increased cost; provided, however, that City shall provide Solar Generator with a reasonable opportunity to relocate the Facilities in accordance with Section 2.5, at Solar Generator’s sole expense, if relocation provides an overall reduction in the costs of constructing, installing, reconstructing or repairing any bridge or artificial support.

3. Removal or Relocation Security. Solar Generator has executed that certain Decommissioning Covenant and Agreement in favor of the City dated as of ___________, 2022, setting forth the terms and conditions of removal of all project equipment within 180 days of expiration of the Conditional Use Permit No. 19-09 (the “Subject Permit”). Solar Generator hereby acknowledges and agrees that the equipment installed as part of this Agreement is and shall be governed by and subject to the terms and conditions specified in the Subject Permit and are hereby deemed incorporated by reference into this Agreement.

4. Entitlements and Land Use Approval; City Engineer Review. In addition to any other land use approval and/or entitlement required in order for the Solar Generator to operate the Facilities as contemplated in this Agreement, prior to first commencing construction and/or installation of the Facilities the Solar Generator shall submit to the City Engineer for review and approval the design plans, specifications and proposed operating location (which shall be within the License Area) of the proposed Facilities. The City Engineer shall approve, conditionally approve or deny the Solar Generator’s submission within fifteen (15) days of receipt thereof. 379
5 5. Insurance. The Solar Generator shall secure a comprehensive general liability insurance policy with limits of $1,000,000 per occurrence ($2,000,000 aggregate) from a company allowed to operate in the State of California with an A.M. Best rating of A-VII or better. The Solar Generator shall maintain the policy in full force and effect for the duration of this Agreement. The policy shall name the City and its entities as additional insureds. The Solar Generator shall provide thirty (30) days prior written notice (except ten (10) days written notice for non-payment) if policy is suspended, voided, canceled, reduced in coverage or in limits by Certified Mail, return receipt requested to the City. The Solar Generator shall furnish a certificate of liability insurance to the City.

The Solar Generator and any contractor(s) selected to construct the Facilities shall secure, pay for and maintain in full force and effect for the duration of this Agreement, Workers’ Compensation Insurance for Solar Generator’s workers at the License Area to the extent required by law, and shall furnish a Certificate of Insurance to the City before commencement of the Term. The City, its officers, employees, agents, representatives and attorneys shall not be responsible for any claims in law or equity occasioned by the failure of the Solar Generator to comply with this section.

6. Release and Indemnification. The Solar Generator hereby fully and irrevocably releases the City, including its elected officials, employees, agents and representatives, from any and all claims that the Solar Generator may now have or hereafter acquire against the City, including its elected officials, employees, agents and representatives, for any action, cause of action, claim, cost, damage, demand, expense (including, without limitation, attorneys’ fees and expenses), fine, judgment, liability, lien, loss, or penalty, whether foreseen or unforeseen, direct or indirect, arising from or related to the Solar Generator’s entry upon or use of the License Area, except to the extent caused by the gross negligence or willful misconduct of the City. The Solar Generator further acknowledges and agrees that this release shall be given full force and effect according to each of its expressed terms and provisions, including, but not limited to, those relating to unknown and suspected claims, damages and causes of action. The Solar Generator agrees to indemnify, defend and hold the City, including its elected officials, employees, agents and representatives, harmless from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees and costs) of any kind or nature which arise or in any way relate to the Solar Generator’s entry upon or use of the License Area, except to the extent caused by the gross negligence or willful misconduct of the City. The provisions of this section 6 shall survive the expiration or termination of this Agreement.

7. Revocability and Termination; Breach. Subject to the cure periods described below, the City shall have the right to revoke the License, and all other rights granted to the Solar Generator herein, in the event of the Solar Generator’s uncured material breach of this Agreement, immediately upon written notice to the Solar Generator. In any event, this License, and all other rights granted to the Solar Generator herein, shall terminate, without notice and without any further action, at the end of the Term. In the event of either a revocation or termination of the License, the indemnities, rights, obligations and releases contained in this Agreement shall remain in full force and effect in perpetuity. In the event that the Solar Generator breaches this Agreement, the City shall provide written notice thereof to the Solar Generator. Following its receipt of such notice, the Solar Generator shall have thirty (30) days in which to cure such breach (with a limited exception for circumstances that threaten public health or safety, in which case the Solar Generator shall immediately cure such breach); provided, however, in the event more than thirty (30) days shall be required to cure such breach, the Solar Generator shall not be deemed in default if such cure has commenced within such thirty (30) day period and is diligently prosecuted to completion. 380
6 8. Attorneys’ Fees. In the event any declaratory or other legal or equitable action is instituted between the City and Solar Generator in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys’ fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

9. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another commercially reasonable method, including facsimile transmission and addressed to the party for whom intended, as follows:

If to City: City of Adelanto
11600 Air Expressway
Adelanto, California 92301
Attn: City Engineer
If to Solar Generator: Baldy Mesa Solar, LLC
2180 South 1300 East, Ste 600
Salt Lake City, Utah 84106
Attn: Asset Management
Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender of a facsimile confirmation sheet.

10. Mechanic’s Liens. The Solar Generator shall keep the License Area free from any and all liens arising out of any work performed, material furnished, or obligations incurred by the Solar Generator.

11. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.

12. Entire Agreement. This Agreement and its exhibits, each of which is incorporated herein by reference as though set forth in full, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

13. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 381
7 14. Governing Law. This Agreement and the attachments hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

15. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

16. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by the City and Solar Generator.

17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

18. Binding upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.

19. Assignment. The Solar Generator shall not sell, assign, sublease, or otherwise transfer this Agreement or any right herein, either in whole or in part (each of which events is referred to in this Agreement as an “Assignment”), without prior written approval of the City’s Development Services Director, such approval not to be unreasonably withheld. The City’s Development Services Director shall condition any partial or complete Assignment of this Agreement upon, at a minimum, the proposed assignee’s express assumption of this Agreement. Any purported assignment without the prior written consent of the City shall be null and void and shall confer no rights whatsoever upon any purported assignee or transferee.
382
S-1
IN WITNESS WHEREOF, the City and Solar Generator have caused this Agreement to be executed the _____ day of ___________, 2022.

CITY:

CITY OF ADELANTO, a California municipal
corporation and charter city
By:

City Engineer
By:

City Manager
SOLAR GENERATOR:

BALDY MESA SOLAR, LLC, a Delaware limited
liability company
By:

Name:

Its:

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
383
A-1
EXHIBIT “A”

DESCRIPTION OF THE FACILITIES
384
B-1
EXHIBIT “B”

DESCRIPTION AND DEPICTION OF THE LICENSED AREA
385
Recording requested by and
when recorded mail to:

Baldy Mesa Solar, LLC
Attention: Real Estate Manager
2180 South 1300 East, Suite 600
Salt Lake City, Utah 84106

(space above this line for recorder’s use)

MEMORANDUM OF ENCROACHMENT PERMIT AGREEMENT

THIS MEMORANDUM OF ENCROACHMENT PERMIT AGREEMENT
(“Memorandum”) is hereby made and entered into this ______ day _______, 2022 (the “Effective Date”) between the CITY OF ADELANTO, a California municipal corporation and charter city (the “City”), and BALDY MESA SOLAR, LLC, a Delaware limited liability company (“Solar Generator”), in light of the following facts and circumstances:

RECITALS:

WHEREAS, Solar Generator desires to construct, install, maintain, operate, repair, renew and remove electrical transmission and telecommunication facilities more particularly described in the “Description of the Facilities” attached hereto as Exhibit “A”, together with the appurtenances and equipment necessary or convenient for operation therefor for the benefit of the project (the “Facilities”) in certain public highways, roadways, streets, easements or other rightsof-way located in the City (the “License Area”), now or hereafter dedicated to public use; and WHEREAS, City and Solar Generator entered into an Encroachment Permit Agreement (“Encroachment Agreement”) dated ______________, 2022, for a non-exclusive license to use the License Area with respect to certain property (the “Property”) located in the City of Adelanto, California, and more specifically described in the “Description and Depiction of the License Area” and attached hereto as Exhibit “B”. Said Encroachment Agreement is attached hereto as Exhibit “C”.

WHEREAS, City and Solar Generator desire to set forth certain terms and conditions of the Encroachment Agreement in a manner suitable for recording in the Official Records of San Bernadino County, California in order to provide record notice of the Encroachment Agreement, and Solar Generator’s rights in and to the License Area subject to the Encroachment Agreement, as provided herein.

NOW, THEREFORE, in consideration of the mutual covenants contained in the Encroachment Agreement, and other good and valuable consideration, the receipt and sufficiency 386
2 of which are hereby acknowledged, the parties hereto agree and stipulate as follows:

1. Description of Licensed Area. The License Area subject to the Encroachment Agreement is described in Exhibit “B”.

2. Grant of Non-Exclusive License. City grants to Solar Generator a non-exclusive license to construct, install, maintain, operate, repair, renew and remove the facilities along, over, across, under and in License Area. The entire Encroachment Agreement is hereby incorporated into this Memorandum by reference. Notwithstanding anything to the contrary contained herein, the provisions of this Memorandum do not in any way alter amend, supplement, change, or affect the terms, covenants, or conditions of the Encroachment Agreement, all of which terms, covenants, and conditions shall remain in full force and effect. In the event of any conflict between the terms of this Memorandum and the Encroachment Agreement, the terms of the Encroachment Agreement shall prevail.

3. Term of Encroachment Agreement. Unless extended or earlier terminated, as provided in the Encroachment Agreement, the term of the license shall commence upon the date of the Encroachment Agreement and shall expire and be of no further force on its 35th anniversary unless extended or renewed.

4. Names and Addresses of Parties. The names and addresses of the parties to the Option Agreement are as follows:

City of Adelanto
Attention: City Engineer
11600 Air Expressway
Adelanto, CA 92301
Phone: (760) 246-2300
Baldy Mesa Solar, LLC
Attention: Land Manager
2180 South 1300 East, Suite 600
Salt Lake City, UT 84106
Phone: (801) 679-3500
Email: [email protected]

5. Successors and Assigns. The terms of this Memorandum and the Encroachment Agreement are covenants running with the land and inure to the benefit of, and are binding upon, the parties and their respective successors and assigns, including all subsequent owners of all or any portion of the License Area. References to City and Solar Generator include their respective successors and assigns. References to the Encroachment Agreement includes any amendments thereto.

6. Miscellaneous. This Memorandum is executed for the purpose of recording in the Official Records of San Bernardino County, California, in order to provide public record notice of the Encroachment Agreement and Solar Generator’s rights in and to the License Area subject to the Encroachment Agreement. All persons are hereby put on notice of and shall have a duty to inquire regarding the Encroachment Agreement and all the provisions thereof and the rights, title, interests, and claims of Solar Generator in and to the License Area. Any right, estate, claim, or interest in the License Area first attaching to the Property and recorded from and after the Effective Date shall be subordinate to the terms of the Encroachment Agreement. This instrument may for convenience be executed in any number of original counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. 387
3 IN WITNESS WHEREOF, City and Solar Generator, acting through their duly authorized representatives, have made and entered into this Memorandum as of the Effective Date.

CITY OF ADELANTO, a California municipal
corporation and charter city:

By:_____________________________________
Name: ____________________________________
Its: _______________________________________
By:_______________________________________
Name: ____________________________________
Its: _______________________________________
SOLAR GENERATOR:

BALDY MESA SOLAR, LLC,
a Delaware limited liability company
By:_______________________________________
Name: ____________________________________
Its: _______________________________________

388
4 ACKNOWLEDGEMENT OF CITY OF ADELANTO
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA }
:ss
COUNTY OF SAN BERNARDINO }
On ______________________, 2022 before me, ____________________________, Notary Public, personally appeared _______________________________________ and ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
389
5 ACKNOWLEDGEMENT OF SOLAR GENERATOR
STATE OF UTAH }
: ss
COUNTY OF SALT LAKE }
On ______________________, 2022 before me, ________________________________, Notary Public, personally appeared, _____________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Utah that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________
(Notary Seal)

390
6 EXHIBIT “A”

DESCRIPTION OF THE FACILITIES

391
7 EXHIBIT “B”

DESCRIPTION AND DEPICTION OF THE LICENSE AREA

392
8 EXHIBIT “C”

ENCROACHMENT AGREEMENT
393

Adelanto City CouncilJuly 27, 2022

Adelanto City Council
July 27, 2022