California City City Council
February 13, 2024

Kelly Kulikoff
Mayor
Ronald Smith
Mayor Pro Tem
Jim Creighton
Councilmember
Michael Kulikoff
Councilmember
AGENDA

CITY OF CALIFORNIA CITY

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY

REGULAR MEETING
TUESDAY FEBRUARY 13, 2024
CLOSED SESSION @ 3:00PM
REGULAR MEETING @ 5:00PM

COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505

If you need special assistance to participate in this meeting, contact the Deputy City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
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4.Comments
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Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. 1 - 295 February 13, 2024
** At this time, please take a moment to turn off your cell phones ** CLOSED SESSION @ 3:00 PM

CALL TO ORDER

ROLL CALL
Councilmembers: Kulikoff, Creighton, Mayor Pro Tem Smith, Mayor Kulikoff

ADOPT AGENDA

PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.

CLOSED SESSION
CS 1. Conference with Legal Counsel - Pending Litigation Paragraph (2) of subdivision (d) of Section 54956.9 Attorney: Kathryn Fox One Case: Recommendations for resolution of Gene Stump v. City of California City, Kern County Superior Court Case No. BCV-21-102947
CS 2. Conference with Legal Counsel - Potential Litigation Paragraph (2) of subdivision (d) of Section 54956.9: Personnel Matter (2) CS 3. Conference with Labor Negotiator
Pursuant to Government Code Section 54957.6
City Representative: Victor Pronto, City Attorney
Unrepresented Employee: City Manager
CS 4. Public Employment/ Public Employee Appointment
Pursuant to Government Code Section 54957
Title: City Manager

REPORT OUT OF CLOSED SESSION
REGULAR MEETING @ 5:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE/INVOCATION

ROLL CALL
Councilmembers: Kulikoff, Creighton, Mayor Pro Tem Smith, Mayor Kulikoff

DEPARTMENTAL REPORTS
• City Clerk
• Housing
• OHV
• Park and Recreation
• Public Works

CITY CLERK REPORTS/LATE COMMUNICATIONS
Correspondence from DJ Twohig dated February 2, 2024 & correspondence from J.M. Powers dated February 2, 2024, February 3, 2024, and February 4, 2024. J.M. Powers & DJ Twohig has requested that they be part of the official meeting records.
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CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
C1. Keep California City Beautiful Event Date April 20, 2024

PRESENTATION
P1. Introduction of New Code Enforcement Officer

PUBLIC BUSINESS FROM THE FLOOR
This portion of the meeting is reserved for the public to address the City Council on any matter not on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes.

The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.

CONSENT CALENDAR

WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.

All items on the consent calendar are considered routine, non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments to be limited to (3) three minutes. Roll call vote required.

CC 1. Approve City Check Register dated 01/19/2024 through 02/08/2024 – by Finance Manager, Kenny Cooper
CC 2. Approve Services from PlaceWorks to complete the Environmental Justice SB 1000 – by Public Works Director, Joe Barragan
CC 3. Approve Flow Meter Kit – by Public Works Director, Joe Barragan CC 4. Approve Resolution to revise Project Budget for the Balsitis Basketball court and Playground – by Recreation Supervisor, Theresa Oaks
CC 5. Approve purchase of Work Truck – by Housing Manager, Nicole Jarmon-Simmons

CITY MANAGER REPORT
CM 1. Approve professional Services agreement with HR Dynamics and Performance Management and approve payment of invoice for work already performed Recommendation
Approval of the professional services contract and approval of the payment of the company’s invoice for work already performed.

PUBLIC HEARING

PUBLIC HEARING PROCEDURE
A. Mayor read the item
B. Mayor declare the Public Hearing open
C. Hear staff report
D. Council questions only
E. Ask city clerk to report on any communication(s)
F. Mayor call for public testimony
G. Close Public Hearing by motion
H. Council discussion
I. Council motion and vote

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PH 1. Request for General Plan Amendment and Zone Change - GPA ZC 22-02 – by Planning Consultant, Anu Doravari
Recommendation
Adopt Ordinance No. 24-809 recommending approval of the general plan amendment and zone change for project No. GPA ZC 22-02.

PH 2. Request for General Plan Amendment and Zone Change GPA ZC 21-07 – by Planning Consultant, Anu Doravari
Recommendation
Adopt Ordinance No. 24-810 thereby approving the zone change and general plan amendment GPA ZC 21-07 for the project entitled ‘CALROX II’ PH 3. Request for General Plan Amendment and Zone Change 22-04 (GPA ZC 22-04) – by Planning Consultant, Anu Doravari
Recommendation
Adopt Ordinance No. 24-812 GPA ZC 22-04, thereby denying the request for General Plan Amendment GPA 22-04 and rezone ZC 22-04 for Padron Metals Finishing Co located at 10856 Hanover Drive, California City CA 93505.

NEW BUSINESS
NB 1. Appointment of Planning Commissioner – by Councilmember, Creighton Recommendation
The City ordinance states: “The Mayor shall appoint qualified persons to fill each vacancy with the advice and consent of the Council.”
We are recommending to the Council and Mayor the following appointments to the Planning Commission:
 David Brottlund

NB 1A. Take Oath of Office
Planning Commissioner David Brottlund

NB 2. Memorandum of Understanding with the California State Office of the Attorney General (OAG) to develop a Cannabis Administrative Prosecutor Program (CAPP) – by City Attorney, Victor Ponto
Recommendation
Staff recommends the City Council approve a Memorandum of Understanding between the City and the OAG to develop a CAPP.

COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.

ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Socorro Chavez, City Clerk. 4 - 295 February 13, 2024

COUNCIL AGENDA ITEM
February 12, 2024
PREPARED BY: Socorro Chavez, City Clerk
SUBJECT: City Clerk Department Report (December 1, 2023 – December 31, 2023) Upcoming Information:

Measure A Information is now provided on the City website! 2023 December Monthly Report: Completed: Received: Pending:

Business License / Cannabis Permits 20 10 3
Public Record Request: 4 7 3
Agendas: 2 2 0
Special Event, etc. Permits: 1 1 1
Calls: Varies 180
Emails: 144 314
Counter Traffic: Varies 100
Research/ On Going Projects:
• City Clerk Analyzing Cannabis Procedures
• Committee Vacancies
• Claim Process
• Donated Property Information
• New Coming Businesses
DR
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COUNCIL AGENDA ITEM
February 12, 2024
PREPARED BY: Socorro Chavez, City Clerk

SUBJECT: City Clerk Department Report (January 1, 2024 – January 31, 2024)

Upcoming Information:

Completion of the Sound and Video quality in the Council Chambers! Measure A Information is now provided on the City website! 2024 January Monthly Report: Completed: Received: Pending:

Business License / Cannabis Permits 20 20 3
Public Record Request: 6 7 1
Agendas: 7 7 0
Special Event, etc. Permits: 3 4 1
Calls: Varies 250
Emails: 254 531
Counter Traffic: Varies 140
Research/ On Going Projects:
• City Clerk Analyzing Cannabis Procedures
• Committee Vacancies
• Claim Process
• Donated Property Information
• Taxi Franchisee Information
• Charitable Solicitation Ordinance Improvement
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COUNCIL AGENDA ITEM
February 13, 2024
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager

SUBJECT: Desert Jade & Legends Housing

BACKGROUND/ DISCUSSION
Desert Jade
Currently have 87 apartments filled.
8 Units are still undergoing rehab.
35 units are left for inspections which will be completed by 2/20/24.

Part-time maintenance worker is on board
Waitlist currently has 71 applicants.

Legends
Currently has 5 apartments and 5 houses filled.

Waitlist is combined with Desert Jade
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ITEM NO.

DEPARTMENT REPORT

COUNCIL AGENDA ITEM
February 2024
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: OHV MONTHLY DEPARTMENT REPORT
______________________________________________________________________ Events
Staff is preparing for the President’s Holiday Weekend that typically sees a large influx of OHV enthusiasts, weather pending.

Operations
Staff continues to work on project agreements with the OHMVR Division by maintaining OHV riding areas, amenities, and grounds. Borax Bill Park Visitor Center continues to assist OHV visitors throughout the OHV season. The Visitor Center is open weekly from Thursday – Sunday. Please visit our social media pages at Borax Bill Park & Station for up-to-date information.

Manager Updates
The OHMVR Division grant application closes on March 4th, 2024, at 5pm. From March 5th – May 6th, 2024, the public has the opportunity to view and comment on all OHMVR Division grant applications.

Public comments may be submitted to [email protected].

Finance Report
For the month of January, OHV sales totaled $7,888.00. These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.
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CITY

COUNCIL
DATE: February 13, 2024
TO: City Council
FROM: Recreation Supervisor – Theresa Oaks
SUBJECT: Department Report for the Month of January
Events
The staff have begun planning the annual Desert Tortoise Days event including parade and fishing derby coming up on May 4th and 5th. The theme this year is “Unity Is Our Superpower”, and we ask vendors and participants to have a superhero theme on their booths, floats, groups, etc.

Operations
During the month of January, our staff has been focused on cleaning and organizing the Strata center and classroom areas. The adult walking club continues with an average attendance of 3 to 4.

The Strata Center also continues to be open to basketball practice, game room activities, volleyball, and open gym.

The maintenance staff continue to work extremely hard
keeping up with trash, graffiti, and repairs. Staff are continuing to work on the walking path upgrade at Central Park and are currently looking for community donations for cement or decomposed granite. Staff have also begun the reed removal process. There is already an opening allowing more free flow through to Scout Island area, and now areas are being cleared for shore access for our upcoming kids fishing derby. The Maintenance staff continue going to Balsitis regularly to pick up trash and clean and maintain the area.

Staff will begin mapping out broken sprinklers and pipes at Balsitis to get a more accurate idea of cost to refurbish. Staff will also be working on the upkeep of the landscaping around the chamber 10 - 295 February 13, 2024
building and is continuing efforts to rid the center median of weeds.

Staff have also been working with the nonprofits to put together a calendar of events for the year. Staff continue to work on the agreements with the nonprofits and will hopefully have them completed by the end of February.

Programming
Adult Walking Club –Tues, Wed, Fri - 11:00-12:00
Open Gym – Tues, Thurs, Fri, 1:00-8:00pm
Volleyball – Wed 6-7p
Art Classes with Diane- Wed - 4:30
Drama Club – Wednesdays from 2-3
Zumba - Tues 6-7p
Open Studio (art) - Mondays and Wed at 10
Future Programming
Staff will be having volleyball again on Wednesday nights, between 6 and 7. Staff have begun Summer Camp preparations. Outdoor movie night will begin in March. Staff will begin advertising for bands for concerts in the park this summer.

Staff will work on increasing the advertising for programming and events, and we hope to see more community support and attendance as a result. 11 - 295 February 13, 2024
Public Works Monthly Council Report
December 31, 2023
Desert Clean Up Crew FY Total DecemberTotal
Total Work Orders: 274 35
Closed Work Orders: 274 35
Open Work Orders: 0 0
Dial-A-Ride FY Total DecemberTotal
Regular Fares $ 2,118.60 $ 332.00
Seniors/Disabled/Children $ 3,020.00 $ 406.00
Desert Jade $ 98.00 $ 22.00
Total Fares $ 4,242.80 $ 760.00
Number of Riders 2,259 844
Number of Operating Days 58 19
Facilities FY Total DecemberTotal
Total Work Orders: 1,394 192
Closed Work Orders: 1,394 192
Open Work Orders: 0 0
Street Department FY Total DecemberTotal
Total Work Orders: 675 80
Closed Work Orders: 675 80
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 1,481 112
Pot Hole Repair(s) p.h.: 1,872 409
Water Department FY Total DecemberTotal
Total Work Orders: 751 79
Closed Work Orders: 751 79
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 17 0
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 8 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 59 2
Standby Callouts: 328.5 98.5
Citizen Complaints: 55 10
*Information found in this report is based on the following dates:
*Monthly* December1, 2023 through December31, 2023.
* Fiscal Year* July 1, 2023 through June 30, 2024
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BHT Engineering, Inc.

UPDATED: 1/8/2024

FEDERAL / STATE FUNDED PROJECTS
1 20406 3/18/2021 Hacienda Blvd Rehabilitation
5399-(030)
RSTP Hacienda Blvd from Cal-City Blvd to
Eucalyptus. Pavement rehabilitation.

City approved program supplement 02/23/2021. Environmental & Design completed. Bids opened August 11, 2022. Bid analysis completed. Awarded to Burch Construction at 9/27/22 City Council meeting. Contract docs sent to Contractor 10/03/22. Construction completed 07/07/23. Project Accepted at 8/22/23 Council Meeting. Caltrans Close-out in progress
2 20407 3/18/2021 Mendiburu Rd
Reconstruction. 5399-(031)
CMAQ paving of existing dirt road from
Hacienda to Neuralia.

City approved program supplement 02/23/2021. Environmental completed. Design In Progress. Invoices sent to Caltrans.

Construction plans ready, project specifications in progress, staff report for council approval of bidding phase January 17th 2023.

Bids opened March 16, 2023. 6 bids received; apparent low bidder is Granite Conts. Project Underfunded. Requested more CMAQ funds to Kern COG. 4/5/23 TTAC committee
recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. June 13, 2023 Council awarded project to Granite Construction. Construction IN PROGRESS. Currently doing work to install sidewalk
adjacent to High School.
3 21420 7/13/2021 HSIP Cycle 10 - Pedestrian
improvements On CCB from Yerba to Neuralia
3/26/21: Caltrans approved project. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 – Received Construction allocation letter from Caltrans. Bid Opening June 22, 2023. Project awarded to Cen-Cal
Construction. Construction ON HOLD due to delay in signage. 4 22405 4/18/2022 TDA ARTICLE 3 Pedestrian
Improvements
Hacienda Ave sidewalk curb and gutter
between So. Loop Blvd and Manzanita Ave.

Kern COG selected project for $170,538 in TDA grant funds on 03/24/2022. Design in progress. Coordination with utility companies in progress
5 22408 7/25/2022
CDBG # 13.21.1 Balsitis Park
Playground and basketball
court
Prepare construction plans and Specs for new
construction of playground equipment and
basketball court
Kick-off meeting 8/16/2022.task order signed 07/25/2022. Council to authorized project advertisement on 6/13/23. Bids currently being review by CDBG.
6 23401 1/4/2023 Hacienda Blvd Rehabilitation
5399-(033)
RSTP On Hacienda Blvd from Manzanita Ave
to Redwood Blvd - Prepare construction plans
and Specs for new Hacienda Blvd pavements
rehabilitation.

Received Caltrans E-76 on 02/08/2023 Authorization to Proceed with Preliminary Engineering. Project will designed together with TDA Art 3 project. 05/03/23 – Received fully executed program supplement agreement – and forwarded to City Staff. -- Design in progress - Coordination with utility companies in progress SB1 FUNDED PROJECTS
1 23403 5/27/2022 Catalpa Rehabilitation SB1 Funded project.

Resolution completed on 05/10/2022. Task order signed
05/27/2022. Council to authorized project advertisement on 6/13/23. Bid opening August 23, 2023. Project awarded to RC Becker. Construction COMPLETED on 11/07/2023.

Close-out in progress

LOCAL FUNDED PROJECTS
1 19410 8/19/2019
CMAQ Redwood Blvd. Rehab.
5933-(029) - Preliminary
Engineering
500-ft East of Hacienda Blvd. to 98th Street
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for 2021 CMAQ Call for projects. Kern COG Recommended
Construction funds for funding 2021 CMAQ Call for Projects.

Must encumber CONSTRUCTION funds by January 2024 - See
BHT # 21409 - Request for Const. in progress
2 21401 12/23/2020
CM 3/16/2023
Section 21 water mains
replacement
Prepare plans and specs for replacement and
installation of 3 miles of 12" water mains,
coordination with State Water Resources
Control Board
Project Awarded to Lyles utility Inc. Task order for CM 03/16/2023 Construction COMPLETED on 11/30/2023. Close-out in
progress
3 21403 2/21/201 Tierra del Sol Pro Shop &
Restaurant Remodel project
Prepare construction plans for
remodel/addition of restaurant
Project Engineer's cost estimate sent to city. Currently preparing break down cost estimates of construction phases. Phase One final plans sent to City for review 12/08/23
4 22404 4/18/2022
Doolittle Ave and Jimson Ave
Water mains replacement
project
Prepare construction plans and Specs for new
construction of water main on Doolittle from
Mitchel to Mendiburu and Jimson from Yerba
to Isabella
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Close-out in progress
5 21410 6/11/2021 Keniston Water main
replacement
Prepare construction plans for replacement of
water main on Kensington CCB to Walpole
(Approximately 1,300 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Close-out in progress
Task Order
Executed
/Received

CITY OF CALIFORNIA CITY
BHT PROJECT # PROJECT NAME / Limits PROJECT DESCRIPTION STATUS

PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST

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BHT Engineering, Inc.
6 21411 6/11/2021 Neuralia Water main
replacement
Prepare construction plans for replacement of
water main on Neuralia from 79th to Poppy
Blvd (Approximately 1,600 Feet). Staff to
Complete
Project combined with Section 21 water mains. Construction COMPLETED 11/30/2023. Close-out in progress
7 22403 3/14/2022 Striping Plan at Redwood
Blvd. & 98th Street
Prepare Striping Plan for Installation of STOP
Sign and markings at the intersection of
Redwood Blvd. & 98th Street.
03/29/22 - Finalized DRAFT Striping Plan and emailed to City Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend. 08/06/22: Forwarded email from former City Manager (Anne) to City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Interim City Manager Dr. Jim Hart - regarding approval of striping plan by City Council. 10/23/23 - Sent email dated 10/4/22 to Joe Barragan regarding approval of striping plan by City Council.

I also sent copy of Draft Striping Plan.
8 22411 3/7/2023 Indian Wells VGA Project
IWVGA (Indian Wells Valley Groundwater
Authority) Pipeline Project from Cal-City to
Ridgecrest
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Cal-City's right of way.

Indian Wells to reimburse for all plan checking and project coordination process within City's right of way. Ok to continue per PW email 03/07/2023. 10/04/23 City received $30K initial fee from Indian Wells Valley Groundwater Authority. Project coordination in progress
9 23404 5/24/2023 2023 RSTP Call for Projects Cal City Blvd. Rehab- from Hacienda Blvd. to 94th Street
Application submitted to Kern COG on 07/12/23 - Awaiting approval of FTIP
10 23405 5/24/2023 2023 CMAQ Call for Projects Cal City Blvd. - Shoulders from Baron Blvd. to Maverick Ave.

Application submitted to Kern COG on 07/12/23. 9/22/23 BHT responded to several questions from Kern COG on application. 11/01/23 - BHT Submitted revised application to Kern COG reducing shoulder section to qualify for CMAQ funding. Waiting approval from Kern COG and Caltrans
11 23406 5/24/2023 SB1- 2023 Call for Projects Redwood Blvd. - Frontage Rd Rehab - South side from Graham St. to 85th St. Caltrans reviewed and accepted project on June 28, 2023. 12 23409 6/11/2021
Isabella Blvd new water main
construction from CCB to
Moss
Prepare construction plans and Specs for new
construction of 12" water main on Isabella
Blvd from CCB to Moss Ave (Approximately
9,000 ft). Formal bidding process.

Project design in progress expected completion Jan 2024. currently seeking construction grant funds
13 23410 6/11/2021
CCB new water main
construction from Yerba to
Neuralia
Prepare construction plans and Specs for new
construction of 12" water main on CCB from
Yerba to Neuralia (Approximately 10,000 ft).

Formal bidding process.

Project design in progress expected completion Feb 2024 14 23411 8/9/2023 Well 3 Motor upgrade
Prepare One-Line Diagram for Well #3 for
new 200 HP well motor, plans and
specifications. Formal bid process
Edison unable to provide 3-phase service to well until further notice. Currently seeking natural gas powered motor to
proceed with the plans and specs
15 23412 7/27/2023 Splash Pad Skating Park
project
Prepare construction plans and specifications
for the construction of new splash pad and
skate park including onsite and offsite
improvements
Project design in progress expected completion January 2024 16 TBD TBD New 8 in Sewer Main
Lahontan application
Prepare application for new 8 in sewer main
on Cal-City frontage rd. from So. Loop to 88th
St. then, on Aspen to Corwin, the along
Corwin to Catalpa approx. 2,520 feet
Lahontan Sewer main construction application. Waiting City's direction
17 23413 8/3/2023 Mojave Jade Construction Off-site improvement on CCB for SPR 20-31 Construction partially completed of scope of work approved on the grading plans. Currently coordinating with owner and city for he next phases of construction and development agreement
18 23414 n/a Evelyn Sewer Extend 8-in sewer line on Evelyn Ave. Approx 354 feet of new sewer main. Sewer project completed by Aspen Homes/contractor 19 23415 n/a Rancho Tracts Grants Rancho Tracts water replacement project Grant for project funding was prepared and sent State. Currently waiting results.
20 23416 2/21/2021 Tierra del Sol Pro Shop &
Restaurant Remodel project
Prepare construction plans for
remodel/addition of restaurant
Project Engineer's cost estimate sent to city. Currently preparing break down cost estimates of construction phases. Phase One final plans sent to City for review 12/08/23
21 23417 11/20/2023 Title VI Update 2023 Title VI Update Completed. Caltrans accepted report on 12/14/2023 UPDATED: 1/8/2024

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February 2, 2024
To California City Residents:

KernTax Opposes California City Special Parcel Tax Measure A KernTax believes that the city's past fiscal performance has been unaccountable to taxpayers, lacked strategic vision, and been poorly managed, making it ultimately unsustainable.

KernTax believes that the police and fire budgets should be placed in the general fund where they belong, and the dependency on the regressive parcel tax should be eliminated.

KernTax suggests that voting "NO" on Measure A will send a message to the City Council to strengthen the general fund tax base. According to Prop 13, general taxes help with revenue predictability for valued public safety services. The general tax base is otherwise unsustainable due to failed economic policies and a lack of city council and management leadership.

City Ordinance 3-2.8 requires accurate accounting of cannabis tax revenues. However, KernTax believes that cannabis revenues have been poorly managed and under-reported, resulting in unfair special parcel taxes that are greater than what voters approved in ballot Measure C.

KernTax believes that taxpayers are fed up with city leadership, which has seen eight city managers in two-plus years, unsustainable budget practices, no direction for economic opportunity or workforce development, and millions of local taxpayer dollars spent on attorneys, engineers, and outside consultants with fruitless results.

KernTax argues that California City's history of one-hundred-fifty million dollars of excessive special taxes levied has not improved the City's overall fiscal sustainability, reduced poverty, attracted investment in the community, or resulted in non-government job creation.

According to the Howard Jarvis Taxpayers Association, parcel taxes are the biggest end-run around Proposition 13's one percent limit on property taxes. KernTax also warns that adding special tax burdens is destructive to property values. Tens of thousands of property owners have lost their properties to tax sale, and another 13,215 properties are tax delinquent (26.2%) effective June 2023, which is a 1000% higher delinquency rate than Kern County.

In conclusion, KernTax believes that another parcel tax levy, which repeats the same dependency on parcel taxes and budget complacency, is equivalent to fiscal insanity.

Therefore, KernTax urges voters to vote "NO" on Measure A.

Michael Turnipseed Michael Turnipseed ichael Turnipseed Michael Turnipseed
Executive Director
LC
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February 13, 2024

SB ITEM CC 2.

COUNCIL AGENDA ITEM
February 13, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: SB 1000
BACKGROUND/ DISCUSSION:

SB 1000, the Planning for Healthy Communities Act, passed in 2016, requires that General Plans address environmental justice in disadvantaged communities (DACs) within the area covered by the General Plan.

DACs are defined as low-income areas that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.

Environmental justice goals, policies, and objectives must:
 Reduce unique or compounded health risks in DACs by reducing pollution exposure and promoting public improvements; public services; community amenities; and access to food, safe and sanitary homes, and physical activity.
 Promote civil engagement in the public decision-making process.  Prioritize improvements and programs that address the needs of DACs.

Staff has identified “PlaceWorks’ a planning, design, and environmental consulting firm to incorporate SB 1000 into the upcoming Housing Element update of the General Plan.

Scope of Work
PlaceWorks would develop Environmental Justice (EJ) content through three steps.

Task 1. Document Existing Conditions
Task 2. Meet with City Staff
Task 3. General Plan EJ Approach
Cost Estimate
The cost for Tasks 1, 2, and 3 above will not exceed $12,062. 38 - 295 February 13, 2024
RECOMMENDATION:

Staff recommends that the Council approve the engaging of services from ‘PlaceWorks’ to complete the Environmental justice (SB1000) portion of the General plan for its upcoming Housing Element update.

ATTACHMENTS:

Attachment 1: Proposal from PlaceWorks.
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October 9, 2023
Joe Barragan MBA, CBO
Acting City Manager
City of California City
21000 Hacienda Blvd
California City, CA 93505
Subject: Environmental Justice content in the California City General Plan Dear Joe:

Please accept this proposal for PlaceWorks to providing support to the City of California City in addressing environmental justice in the General Plan.

SB 1000, the Planning for Healthy Communities Act, passed in 2016, requires that General Plans address environmental justice in disadvantaged communities (DACs) within the area covered by the General Plan. DACs are defined as low-income areas that are disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. Environmental justice goals, policies, and objectives must:
 Reduce unique or compounded health risks in DACs by reducing pollution exposure and promoting public improvements; public services; community amenities; and access to food, safe and sanitary homes, and physical activity.
 Promote civil engagement in the public decision-making process.  Prioritize improvements and programs that address the needs of DACs.

A preliminary review of the CalEnviroScreen 4.0 screening tool created by the State of California shows that the California City planning area extends into three Census tracts in rough bullseye pattern: 6029005507 (the core of the City, north and south of California City Boulevard), 602900508 (the next layer out), and 6029006500 (a much larger tract that includes the outermost city limits but is mostly unincorporated Kern County).

The outermost Census tract, 6500, has a total CalEnviroScreen score of 77%. This is just above the threshold of the 75% most impacted Census tracts in the state that SB 1000 uses as one data point to identify disadvantaged communities. It appears that many of the issues of concern in Census 40 - 295 February 13, 2024
tract 6500 are related to sources of pollution at some distance from California City, such as contaminated cleanup sites along the UPRR line closer to Highway 58.

For the two Census tracts that more closely overlap the inhabited area of California City, the cumulative CalEnviroScreen scores are 47% (for 5507) and 48% (for 5508). This is well below the recommended 75% screening cutoff for SB 1000. However, while these two Census tracts do not show evidence of being severely impacted by pollution or contamination, they do have high (i.e., negative) scores on several population characteristics that contribute to the overall EJ score.

Specifically, these two Census tracts have scores of 90% or above for asthma (asthma emergency department visits per 10,000 people), low birth weight infants, poverty (percent of the population with incomes less than two times the federal poverty level), and unemployment (percent of the population over the age of 16 that is unemployed and eligible for the labor force), meaning they are among the most affected Census tracts in the state.

The two California City Census tracts are not also severely affected by pollution or environmental issues. Because they do not face the compounded health risks of environmental pollution, it can be argued that they are not disadvantaged communities under the definition of SB 1000. However, SB 1000 does allow and encourage communities to address environmental, social, and public health issues in the General Plan, even if the guidelines of SB 1000 are not clearly met. If California City chooses to move forward with that effort, PlaceWorks would welcome the opportunity to support.

Scope of Work
PlaceWorks would develop EJ content through three steps.

Task 1. Document Existing Conditions
PlaceWorks will prepare a memo describing existing environmental and public health conditions in California City with text, tables, and mapping based on CalEnviroScreen 4.0 (CES). This step will provide a more detailed analysis of each of the issues in each of the three Census tracts described above. PlaceWorks staff will do additional research to seek to understand the CES scores, and we will supplement the CES data with data from the California Healthy Places Index, Geotracker, EnviroStor, Kern County Public Health Department, and the Eastern Kern Air Pollution Control District. In addition, we will also review demographic data gathered through the Housing Element update for information relevant to EJ.

PlaceWorks will submit an administrative draft existing conditions memo summarizing our findings in narrative discussion, tables, and maps, including information that distinguishes issues in unincorporated Kern County as opposed to California City. We will submit the memo to the City for review and prepare a single round of revisions based on City staff feedback. 41 - 295 February 13, 2024
Task 2. Meet with City Staff
PlaceWorks will meet with City staff to discuss implications of the existing conditions data and coordination with the Housing Element. This scope assumes that California City staff will be able to share background on any EJ-related issues raised by community members through the Housing Element process or other communication with the City.

Task 3. General Plan EJ Approach
PlaceWorks will provide examples of background narrative sections, goals, policies, and actions to improve any specific EJ conditions identified in California City through the existing conditions analysis. PlaceWorks will meet with staff to discuss different possible approaches to addressing EJ in the California City General Plan, but we understand that City staff will make the final decisions about how and whether to incorporate any proposed new content. Based on City direction, PlaceWorks will prepare draft EJ content for the General Plan. If EJ is addressed, we typically recommend a holistic approach that touches on different aspects of EJ or public health in multiple elements.

This task also includes up to 6 hours to revise or finalize up to three maps from Task 1 for inclusion in the General Plan, if relevant.

PlaceWorks will meet with California City staff up to two times to discuss potential EJ content for the General Plan.

Cost Estimate
The cost for Tasks 1, 2, and 3 above will not exceed $12,062.

PlaceWorks bills on a time and materials basis.
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Acknowledgement
This proposal shall remain valid for a period of 90 days from the time of submittal. As a Managing Principal, I am authorized to bind PlaceWorks to the contents of this proposal.

We look forward to working with you to address EJ in California City. If you have any questions regarding the contents of this proposal, please feel free to contact me.

Respectfully submitted,
PlaceWorks
Joanna Jansen, AICP
Managing Principal
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CC 3.

COUNCIL AGENDA ITEM
February 13, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: Flow Meter Kit
BACKGROUND/ DISCUSSION: Flow meters serve as indispensable tools for measuring fluid flow rates across diverse applications and industries. They facilitate process optimization, quality control, resource management, energy efficiency, and safety. The WS2100 Flow Meter Kit combines all the instrumentation needed to perform a complete well draw down test. The draw down test is conducted to measure the pumping rate in order to verify that the pumps will operate at the specified flow requirements.

FISCAL IMPACT:

Amount Requested to pay for Flow Meter Kit $ 1,385.00
RECOMMENDATION:

Staff recommends that the City Council authorize the purchase of the WS2100 Flow Meter Kit ATTACHMENTS:

1. Solarwellpumpsonline.com Quote

2. Zoro Quote

3. Carbonbulksales.com Quote
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COUNCIL AGENDA ITEM
February 13, 2024
TO: Mayor and City Council
FROM: Theresa Oaks, Recreation Supervisor
SUBJECT: Resolution to revise Project Budget for the Balsitis Basketball Court and Playground
Background:

City staff has strategized about the renovation of the Balsitis Basketball Court and Playground Equipment (“project”) over the past couple of years.

A public hearing was held on February 14, 2023, to consider the City's proposed use of CDBG Funds for the Fiscal Year 2023-2024. On February 28, 2023, the City Council approved Resolution No. 02-23-2966 to fund the project entitled "Balsitis Park Recreational Playground" and authorize the submission of the application package for $72,607 in CDBG Funds for the Fiscal Year 2023-2024.

On December 12, 2023, the City Council considered directed staff to proceed with the CDBG grant application process after learning that the City has been potentially allotted approximately $76,000 in CDBG funds for the project.

Due to the rapidly rising costs of labor and equipment, there has been a shortage in the amount of funding that has been allocated for the project. On September 26, 2023, James Golden, the Supervising Planner for Kern County, emailed staff to inform the City that there is “more CDBG [Community Development Block Grant] funding available to the City that can assist and help cover the award amount and possibly other cost overruns for the projects." CDBG funding will not cover engineering fees, a majority of which has already been paid by the City. CDBG funds are administered by the Department of Housing and Community Development to support community development activities to build stronger and more resilient communities.

CC 4.
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The City published a notice inviting bids for the project on July 20, 2023.

The City has budgeted $296,899.51 for the project, but the lowest bid came from ANM Construction & Engineering, Inc. in at $328,463.00—a discrepancy of $31,563.49. The City has applied for a CDBG grant from Kern County to cover the discrepancy of $31,563.49. In order to do so, James Golden informed the City that it needed to amend its project budget at a public hearing. The purpose of this public hearing is to do just that to allow the City to receive these funds.

The project has not been awarded to a contractor to date.

Recommendation:

Staff recommends that City Council approve Resolution No. 02-24-3016 to amend the project budget and allow staff to move forward with much needed upgrades to Balsitis Park.

Fiscal Impact:

There is no estimated fiscal impact to increasing the project budget for the renovation of the Balsitis Basketball Court and Playground equipment.

The cost of the project is estimated to be about $401,750 The City has already secured $296,899.51 in funding for the project and has applied for additional funding from Kern County in the form of a CDBG grant to cover the remainder of the project, excepting engineering fees. The project requires up to $38,000 in engineering fees, of which $26,675 has already been paid. The CDBG grant from Kern County will not cover the City’s engineering fees.

Environmental Impact: None
Attachments:

1. Resolution No.02-24-3016
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Attachment 1.

RESOLUTION NO. 02-24-3016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY TO AUTHORIZE AMENDMENT TO EXISTING BUDGET FOR “BALSITIS PRK RECREARIONAL PLAYGROUND AND BASKRTBALL COURT”

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, STATE OF CALIFORNIA as follows:

Section 1. Authorization to Increase Project Budget for Balsitis Park Recreational Playground and Basketball Court
The City Council authorizes an amendment to the existing budget for “Balsitis Park Recreational Playground and Basketball Court” , increasing the budget for the project from $296,899.51 to $401,750.

Section 2. Authorization to Accept Community Development Block Grant from County of Kern
The City Council authorizes the City Manager to accept a Community Development Block Grant from Kern County for renovation of the Balsitis Park Recreational Playground and Basketball Court.

Section 3. Certification
The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 4. Effective Date
This Resolution will become effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED this 13th day of February, 2024, by the following vote
AYES:

NOES:

ABSENT:

ABSTAIN:

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__________________________
Kelly Kulikoff, Mayor
ATTEST:
___________________________
Socorro Chavez, City Clerk

APPROVED AS TO FORM
______________________________
Victor Ponto, City Attorney
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF CALIFORNIA CITY }
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of California City at a regular meeting thereof held on the 9th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Socorro Chavez, City Clerk
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COUNCIL AGENDA ITEM
February 13, 2024
PREPARED BY: Interim City Manager, Martin Pinon
SUBJECT: Approve professional Services agreement with HR Dynamics and Performance Management and approve payment of
invoice for work already performed

BACKGROUND
HR Dynamics and Performance Management is a recruitment firm that was hired by former Interim City Manager Michele Martinez. back in November 2003 to assist the city with the recruitment of a Deputy City Manager.

This is the firm that found and recommended the current Interim City Manager for the position of Deputy City Manager.

Ms. Martinez left the city early so the candidate HR Dynamics found and recommended to the city was instead hired as the Interim City Manager, pending the recruitment for the City Manager position which was already underway.

FISCAL IMPACT
Yes, there is a fiscal impact. The HR Dynamic invoice dated 12/28/23 is for $15,654.

RECOMMENDATION
Staff recommend approval of the professional services contract and approval of the payment of the company’s invoice for work already performed.

ATTACHMENTS:

A. Professional Services Agreement
B. HR Dynamic Invoice
CM 1.
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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CALIFORNIA CITY AND HR DYNAMICS & PERFORMANCE MANAGEMENT, INC. FOR HUMAN

RESOURCES CONSULTING SERVICES

1. PARTIES AND DATE.

This Professional Services Agreement (“Agreement”) is made and entered into this 13TH day of February, 2024, by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Blvd., California City, CA 93505 ("City") and HR Dynamics & Performance Management, a California corporation, with its principal place of business at 461 Green Orchard Pl, Riverside, CA 92506 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional human resource consulting and executive search services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing human resource consulting and executive search services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such human resource consulting and executive search services for human resources consulting and executive search for interim positions at the City ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Time of Performance.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional human resources consulting and executive search necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance immediately following execution of this Agreement by the Parties. Consultant shall complete the services required hereunder on or before May 17, 2024.
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.3 City's Representative. The City hereby designates Martin Pinon, Acting City Manager, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.4 Consultant's Representative. Consultant hereby designates Rhonda D.

Strout-Garcia, Principal Consultant/Owner, or their designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.5 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.6 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the 67 - 295 February 13, 2024
State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.7 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.8 Insurance.

3.2.8.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.8.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting 68 - 295 February 13, 2024
coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Workers' Compensation/Employer’s Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section.

3.2.8.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.2.8.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
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3.2.8.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.8.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.8.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.8.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.8.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
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3.2.8.10 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.8.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.8.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of all services under this Agreement.
(C) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.

3.2.8.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3.2.8.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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3.2.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed fifteen thousand, six-hundred and fifty-four dollars ($15,654) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 California Labor Code Provisions.

3.4.1 Prevailing Wage Law. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" 72 - 295 February 13, 2024
and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
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3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: HR Dynamics & Performance Management
461 Green Orchard Pl
Riverside, CA 92506
ATTN: Rhonda D. Strout-Garcia, Principal
Consultant/Owner
City: City of California City
21000 Hacienda Blvd.

California City, California 93505
ATTN: Martin Pinon, Acting City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
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3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.

Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and nonappealable order by a court of competent jurisdiction requires that City release such information.

3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.5 Indemnification.
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3.6.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
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3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or 77 - 295 February 13, 2024
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURE PAGE TO FOLLOW]

CITY OF CALIFORNIA CITY HR DYNAMICS & PERFORMANCE
MANAGEMENT, INC.

By: By:

Martin Pinon
Acting City Manager
Rhonda D. Strout-Garcia
Principal Consultant/Owner
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
78 - 295 February 13, 2024
By:
[INSERT NAME AND TITLE
By:

Socorro Chavez
City Clerk
APPROVED AS TO FORM:

By:

Victor Ponto
City Attorney
79 - 295 February 13, 2024
EXHIBIT "A"

SCOPE OF SERVICES
80 - 295 February 13, 2024
EXHIBIT "B"

SCHEDULE OF SERVICES
81 - 295 February 13, 2024
EXHIBIT "C"

COMPENSATION
82 - 295 February 13, 2024

COUNCIL AGENDA ITEM
February 13, 2024
Prepared by: Anu Doravari, Planning Consultant
Subject: Request for General Plan Amendment and Zone Change - GPA ZC 22-02 REQUESTS: Staff received a request for a zone change and General Plan Amendment GPA ZC 22- 02 to rezone 31.59 acres of O/RA Open space Residential Agriculture to M1-Light Industrial zone to construct 258,600 sq.ft. of built space to cultivate, manufacture and distribute Cannabis and cannabis related products.

RECOMMENDED ACTION:

A. Adopt Ordinance No. 24-809 recommending approval of the general plan amendment and zone change for project No. GPA ZC 22-02.

ALTERNATIVE MOTION (DENIAL):

B. Upon finding substantial evidence, deny the zone change and general plan amendment project No. GPA ZC 22-02.

Property Owner: Magna-Roose Olivia family trust
Applicant: Olivia Davidson
Location: The Project is located on California City Blvd., approximately 2-miles east of the Sante Fe Railroad (SFRR) Right-of-Way and 2-miles west of Baron Blvd, California City, CA Assessor’s Parcel Numbers: 302-391-19
Lot Size: ± 31.59 acres ~ 1,331,284.88 sq. ft.

General Plan Designation: O/RA – Open Space Residential Agriculture Requested Zoning: M1- Light Industrial

BACKGROUND
The project proposes construction of a maximum of twenty-six (26) buildings i.e. approximately 258,600 sq.ft. within the 31.57-acre project site for cannabis related operations. The zoning classification of the parcel is currently O/RA Open Space, Residential, Agriculture and the applicant wishes to rezone it to M1 – Light Manufacturing zone. Figure 1 below details the parcel location in the City’s Zoning map. Figure 2 provides an aerial overview of the project site. Figure 3 provides a conceptual site plan envisioned for the project site.

PH 1.
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Figure 1: Zoning Map indicating GPA 22-04 – 31.57-acre parcel Figure 2: Aerial View
Figure 3: Proposed Conceptual Site Plan
GPA ZC 22-02
84 - 295 February 13, 2024
Surrounding Zoning
Zoning Occupancy
North M1 – Light Industrial Vacant Lot
South O/RA – Open space Residential Agriculture Vacant Lot East O/RA – Open space Residential Agriculture Vacant Lot West O/RA – Open space Residential Agriculture Vacant Lot

ANALYSIS
An amendment of the General Plan is a legislative action. As a legislative action the City is under no obligation to grant the applicant’s requested General Plan amendment or Zone Change. In considering whether to grant the applicant’s request, the City Council considers factors such as:

1. Would the project promote the health and welfare of the community? The facility is expected to employ up to 150 workers, working in shifts. The preference is to hire residents from the city. The proposed land use for this parcel is highly regulated in terms of noise, odor, emissions, and waste disposal. The applicant has submitted an initial study (Attachment 3) outlining measures to ensure compliance with various regulations. During the Site plan review phase, staff proposes to request right-of-way dedications, easements, road paving with acceleration and deceleration lanes, and landscape and public utility improvements. As a result, staff believes that this project is beneficial for the community and will improve the welfare and health of both citizens and the city.

2. Would the proposed land use designations be consistent with the General Plan’s longterm vision for development? The zoning map (Figure 1) shows that there is a group of M1-Light industrial zoned parcels situated on the North side of California City Blvd, which is in close proximity to the project site. This area is already an established industrial cluster located on the City’s arterial. According to the long-term goals of the general plan, the development of new industrial projects near existing industrial uses, major transportation corridors, rail corridors, and the airport is highly encouraged.

As this project is situated in an existing industrial area and a major transportation corridor, it perfectly aligns with the long-term vision of the General Plan by contributing to the development of an existing industrial cluster.

3. Would the requested amendments be consistent with the goals and policies of the General Plan?
The General Plan aims to promote the development of parcels that are compatible with the surrounding land uses in terms of their character and operations. It also states that new development should be accommodated in a way that complements the existing land uses within the planning area. Furthermore, it encourages the establishment of commercial, industrial, and government entities that create sustainable employment opportunities with higher wages while complying with the environmental standards of the city and the region.

Given that there is an existing industrial cluster in the immediate vicinity of this project, rezoning this parcel is consistent with the objectives and policies of the General Plan.

4. Would the amended land uses designations be compatible with the surrounding land use designations?
The staff has concluded that the proposed zone change is in line with the surrounding land uses.

This is because there is already an industrial zone present on this section of California City 85 - 295 February 13, 2024
Boulevard. Additionally, due to the large size of the parcel, an industry would be a compatible use for both the parcel and the surrounding area.

DISCUSSION:

The proposed project only involves a zone change to the parcel and does not include any approvals for site or building plans. Each department will prepare a detailed list of conditions to ensure compliance with the M1-Light industrial zone guidelines set forth by the City and State for cannabis-related industries.

INFRASTRUCTURE:

Electricity: The applicant plans to use a CARB-certified generator on-site, which will operate continuously until Southern California Edison (SCE), the current electricity provider, extends transmission infrastructure to the city.

Water: The applicant plans to use large-scale water storage tanks on-site since water infrastructure is not currently available. These tanks will be supplied by a third-party to meet industry requirements. The applicant requested private well-drilling rights, but the City denied their request.

Water Disposal: During construction, a portable toilet service will be used to comply with industry regulations until the permanent facilities are completed. Upon completion, all disposal systems must comply with industry regulations and the standards outlined in Title 7, Chapter 2 within California City. This system will be regulated in coordination with the California State Water Resources Board, specifically the Lahontan Regional Water Quality Control Board, according to City standards.

Odor Control: Odor control devices and techniques will be incorporated to ensure that cannabis odor is not detectable off-site. The applicant plans to use HEPA filtration systems within the facility. The City will monitor these conditions and mitigation measures during the site plan analysis phase.

Circulation: Acceleration and deceleration lanes, dedications of roadway, public easements, etc., will be made a condition of approval by the City during the site plan review.

ENVIRONMENTAL REVIEW:

An Initial Study and biological resources assessment document were analyzed and a mitigated negative declaration (MND) was prepared. This project was submitted to the Ceqanet database for a 30-day public review, which concluded on November 27, 2023. The MND was sent to the Kern County clerk for publication before various responsible agencies on December 18, 2023, and completed the public review period on January 17, 2024.

RECOMMENDATION:

Based on the above findings, the staff has determined that the proposed project is appropriate and recommends that the City Council of the City of California approve GPA ZC 22-02 to rezone the

31.59-acre parcel from O/RA – Open Space, Residential, Agriculture to M1- Light Industrial. The applicant proposes to conduct cannabis-related operations on-site, which is consistent with other industrial parcels located in the immediate vicinity of this parcel.

ATTACHMENTS:

1. Ordinance No: 24-809 recommending approval of GPA ZC 22-02

2. Signed Planning Commission Resolution No GPA ZC 22-02

3. Initial Study and Mitigated Negative Declaration for Olivia Davidson. 86 - 295 February 13, 2024
ORDINANCE NUMBER 24-809

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, COUNTY OF KERN, STATE OF CALIFORNIA, APPROVING ZONE CHANGE NO. 22-02 CHANGING THE ZONE ON THE GENERAL PLAN LAND USE MAP AND

ZONING MAP FROM OPEN SPACE RESIDENTIAL AGRICULTURE (ORA) TO LIGHT INDUSTRIAL (M1) FOR A 31.59-ACRE SITE LOCATED ON CALIFORNIA CITY BLVD (APN: 302-391-19) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, the applicant, the applicant, Olivia Davidson, has initiated a Zone Change, No. 22-02 to the General Plan Land Use and Zoning Map from Open Space Residential Agriculture (ORA) to Light Industrial (M1) in order to construct and operate a cannabis industry on a parcel located on California City Boulevard, California City, California 93505 (APN:302- 391-19);; and
WHEREAS, on December 19, 2023, the Planning Commission conducted a regularly scheduled and legally noticed public hearing for Zone Change 22-02, including General Plan Amendment No. 22-02 (ZC GPA 22-02) for the Project and recommended approval of the proposed Project after considering public testimony and accompanying documents; and
WHEREAS, the City of California City, 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, a Notice of Intent to Adopt the Initial Study and Mitigated Negative Declaration identifying the scope of environmental issues was distributed to numerous State, federal, County and local agencies and organizations for a thirty (30) day review from December 18, 2023 through January 17, 2024, 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 California City and are deemed adequate for purposes of making decisions on the merits of the proposed Project ‘Olivia Davidson’ and accompanying actions; and
WHEREAS, on February 13, 2024, the City Council conducted a duly noticed public hearing on the proposed Zone Change No. 22-02 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 California City as follows:

ATTACHMENT 1
87 - 295 February 13, 2024
Section 1. The above recitals are all true and correct.

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. 22-02. 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. 22-02 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 additional industrial options which is consistent with the goals, policies and objectives of the General Plan.

(b) The proposed Zone Change No. 22-02 will not adversely affect surrounding properties.

The proposed Zone Change No. 22-02 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 13th day of February 2024, by the City of California City.
______________________________
Kelly Kulikoff, Mayor
_______________________________
Socorro Chavez, City Clerk
88 - 295 February 13, 2024
I, Socorro Chavez, City Clerk of the City of California City, California, do hereby certify that the foregoing Zoning Code Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of California City on this 13th day of February 2024, 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 City of California City on the 13th day of February 2024. ______________________________
Socorro Chavez, City Clerk
89 - 295 February 13, 2024
RESOLUTION NO. GPA ZC 22-02

OLIVIA DAVIDSON

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA

CITY IS RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY ADOPT A ZONE CHANGE ZC 22-02 AND GENERAL PLAN AMENDMENT GPA 22- 04 TO CHANGE THE ZONING AND GENERAL PLAN DESIGNATION FOR ONE LOT FROM O/RA TO M-1 – LIGHT INDUSTRIAL. (APN: 302-391-19)

THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA CITY HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the City Council of California City adopted the 2015-2035 General Plan on June 21, 2016; and
WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of California City; and WHEREAS, an application was filed by Olivia Davidson requesting approval of the following:

1. General Plan Amendment GPA 22-02. Change the land use designation from O/RA Open Space, Residential, Agriculture to M-1 Light Industrial Zone.

2. Rezone ZC 22-02. A rezoning to change the zoning classification from O/RA – Open Space/Residential Agriculture to M-1 Light Industrial Zone.

WHEREAS, in accordance with state law, on or before December 05, 2022, the City of California City Planning Department published a legal notice concerning the requested land use amendments in the Mojave Desert News, a local newspaper of general circulation, regarding the City of California City Planning Commission meeting of December 19, 2023.

WHEREAS, on December 19, 2023, the Planning Commission conducted a duly noticed public hearing, at which time public testimony was taken concerning the proposed General Plan amendment and rezone.

SECTION 1. FACTS:

The Planning Commission finds, determines and declares:

I. A duly-noticed public hearing has been conducted to consider the matter;

2. Resolution No 22-02 ZC 22-02 & GPA 22-02 will be forwarded to the City Council for their consideration;

3. This amendment will not result in any significant adverse environmental impacts;

4. This amendment will promote the welfare of the community;

5. This amendment is consistent with the general plan and the City's zoning ordinance.

SECTION 2. FINDINGS:

A. Finding: The cumulative effect of all the planning applications have been considered.

Facts in Support of Findings: The cumulative effects of Zone Change 22-02 and General Plan Amendment GPA 22-02 have all been considered. The rezoning request meets the California Environmental Quality Act (CEQA) and the City's environmental procedures.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of California City does hereby recommend approval of Zone Change 22-02 and General Plan Amendment 22- 02 for one lot. The parcel is located on California City Boulevard, CA 93505 (APN: 302-391-19). 90 - 295 February 13, 2024
SECTION 3.

In view of all the evidence and based on the foregoing findings and conclusions, the City of California City Planning Commission, upon motion by Commissioner Kim Welling and seconded by Commissioner Ralph Cantrell hereby approves a Resolution No GPA ZC 22-02 recommending approval of the project to the City Council, City of California City subject to the conditions listed above and carried by the following vote:

AYES: COMMISSIONERS: Cantrell, Welling, Dunham
NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS: Fair, Conry
ABSTAIN: COMMISSIONERS:

PASSED, APPROVED, AND ADOPTED this 19th day of December 2023.

Chair of the Planning Commission ____________________________ ATTEST:

Secretary of the Planning Commission
91 - 295 February 13, 2024
Preparation of a Draft Initial Study/
Mitigated Negative Declaration (IS/
MND), for the construction of a maximum of 258,600 sf is anticipated within the 31.57 acre project site. the
zoning classification, as shown on
the official zoning map of California
City, and in the California City Municipal Code (CCMC) is Open Space – Resource Area (O/RA) and a proposed Zone Change from O/RA to Light Manufacturing (M-1) is also
proposed in order to accommodate
the future commercial cannabis operation. within the City of California.

Rush Environmental, LLC
PREPARED BY:

Rush Environmental, LLC
Adam B. Rush, M.A., AICP
12672 Limonite Avenue
Suite 3E-112
Eastvale, CA, 92880
C: (951) 833-0878
[email protected]
PROJECT TITLE:

Submitted for OPR Review:

October 24, 2023
ATTACHMENT 3
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THE DEVELOPMENT PROPOSES A MAXIMUM OF TWENTY-SIX (26) BUILDINGS, WITH TWELVE (12) BUILDINGS CONSISTING OF APPROXIMATELY 9,900 SQUARE-FEET (SF) AND FOURTEEN (14) BUILDINGS CONSISTING OF 10,000 SQUARE-FEET (SF) FOR THE COMMERCIAL CULTIVATION, MANUFACTURING, AND DISTRIBUTION OF CANNABIS. A MAXIMUM OF 258,600 SF IS ANTICIPATED WITHIN THE 31.57 ACRE PROJECT SITE. THE ZONING

CLASSIFICATION, AS SHOWN ON THE OFFICIAL ZONING MAP OF CALIFORNIA CITY, AND IN THE CALIFORNIA CITY MUNICIPAL CODE (CCMC) IS OPEN SPACE – RESOURCE AREA (O/RA) AND A PROPOSED ZONE CHANGE FROM O/RA TO LIGHT MANUFACTURING (M-1) IS ALSO PROPOSED IN ORDER TO ACCOMMODATE THE FUTURE COMMERCIAL CANNABIS OPERATION. THE PROPOSED CONCEPTUAL SITE PLAN DETAILS THE CONSTRUCTION OF APPROXIMATELY 288 PARKING STALLS, OF STANDARD MEASUREMENT AND 36 ACCESSIBLE PARKING UNITS. THE SITE PLAN IDENTIFIES A RETENTION/DETENTION BASIN CONSISTING OF APPROXIMATELY 89,760 SF. THIS DESCRIPTION CONSTITUTES THE PROPOSED APPLICATION AND IS HEREINAFTER KNOWN AS THE “THE PROJECT”. THE PROJECT IS LOCATED SOUTHERLY OF CALIFORNIA CITY BLVD., APPROXIMATELY 2-MILES EASTERLY OF THE SANTE FE RAILROAD (SFRR) RIGHT-OF-WAY (R/W) AND 2-MILES WESTERLY OF BARON BLVD. THE PROJECT ANTICIPATES THE CONSTRUCTION OF TWO (2) PRIVATE WATER RESERVOIR TANKS, AT LEAST TWO (2) POTABLE ON-SITE WATER WELL SITES, AND AT LEAST EIGHT (8) EMERGENCY GENERATOR UNITS. A TEN (10)-FOOT SECURITY BARRIER WILL BE CONSTRUCTED AROUND THE ENTIRE SITE PERIMETER OF THE PROJECT. THE PROJECT SITE IS LOCATED ON A SINGLE PARCEL, IDENTIFIED AS ASSESSOR’S PARCEL NUMBER (APN) 302-391-19.

I. Purpose and Authority
Project Description:

This Initial Study has been prepared for a proposed Zone Change from Open Space – Resource Area (OR/A) to Light Industrial (M-1). The Project will construct a commercial cannabis cultivation, manufacturing, and distribution facility in accordance with adopted City Ordinances pertaining to the location and regulation of cannabis cultivation, manufacturing, and distribution operation. The zone change authorizes a commercial cannabis operations, pursuant to the codified California City Municipal Code as Title 9, Chapter 2, Articles 21 and 29, and Title 5, Chapter 6. For clarity purposes, references to the Light Industrial (M-1) zoning district will be referred to, and assumed to be, the “M-1 zone”. The cannabis operation is subject to a Site Plan Review, prior to seeking building and grading permits, as applicable. This Project requires the preparation of an Initial Study to review, analyze and evaluate the possible effects resulting from the Project upon the site and surrounding environment. The M-1 zone authorizes the Project operations, including the cultivation of commercial cannabis and cannabis related products as well as the distribution, manufacturing of commercial cannabis along with activities ancillary thereto. These facilities are subject to all State Law and regulations including the California Code of Regulations, Title 21, Division 42, Bureau of Cannabis Control.

The City of California City allows commercial cannabis cultivation, manufacturing, distribution, and testing facilities, as a permitted use, on property zoned M-1. Commercial cannabis cultivation, manufacturing, and distribution is authorized and in accordance with the criteria and procedures set forth Title 5, Chapter 6 of the California City Municipal Code and upon application and approval of a regulatory permit pertaining to operation of the facility including the duty to obtain any, and all, required state licenses. The Project is located in M-1 zone. All cannabis related activities are only permitted in the interior of enclosed structures, facilities, and buildings.

The Project is adjacent to, and southerly of California City Blvd (CCB). The Project is adjacent to OR/A zoning along the southerly, westerly, and easterly borders. The Light Industrial (M-1) zone is located north of the Project site. California City Blvd. serves as the northerly boundary of the parcel, as well as serving as the primary access to the Project site.

The development proposes a maximum of twenty-six (26) buildings, with twelve (12) buildings consisting of approximately 9,900 square-feet (sf) and fourteen (14) buildings consisting of 10,000 93 - 295 February 13, 2024
square-feet (sf) for the commercial cultivation, manufacturing, and distribution of cannabis. A maximum of 258,600 sf is anticipated within the 31.57 acre project site. The Project is located southerly of CCB. approximately 2-miles easterly of the Sante Fe railroad (SFRR) Right-of-Way (R/W) and 2-miles westerly of Baron blvd. the Project anticipates the construction of two (2) private water reservoir tanks, at least two (2) potable on-site water well sites, and at least eight (8) emergency generator units. an eight (8) foot security barrier will be constructed around the entire site perimeter of the project.

The proposed conceptual site plan details the construction of approximately 288 parking stalls, of standard measurement and 36 accessible parking units. The site plan identifies a retention/detention basin consisting of approximately 89,760 SF.

The City does not provide municipal sewer services to the Project site. As such, the Project will utilize a commercial subsurface sewage disposal system as municipal sewer facilities are not available within 200-feet of the nearest sewer main line1
. Due to the increased development activities, the City anticipates the extension of sewer facilities westerly, within CCB.

The Project anticipates being served using on-site generators which are CARB certified and will operate continuously until the extension of transmission infrastructure is available to the City by the current electricity provider, Southern California Edison (SCE).

A. Type of Project: Site Specific ; Citywide ; Community ; Policy .

B. Total Project Area: 31.57-acres (1,375,189.20 SF)

Residential Acres: 0 Lots: 0 Units: 0 Projected No. of Residents: 0 Commercial Acres: 0 Lots: 0 Bldg. Area: 0 Est. No. of Employees: 0 Industrial Acres: 31.59 Lots: 1 Bldg. Area: 258,600 SF Est. No. of Employees: 150 C. Assessor’s Parcel No(s): 302-391-19
D. Street References: The Project is located southerly of California City Blvd., approximately 2- miles easterly of the Sante Fe Railroad (SFRR) Right-of-Way (R/W) and 2-miles westerly of Baron Blvd., California City, CA (Kern County).

Brief description of the existing environmental setting of the Project site and its surroundings:

The Project is approximately 31.59-acres and is located within a planned industrial and manufacturing area of the City. The physical development of the Project site, and the adjacent public Rights-of-Way (R/W), will be improved in an effort to eliminate geometric, sharp or dangerous turning movement and roadway safety issues of concern; which include, but are not limited to unsafe or dangerous road conditions, sub-standard circulation patterns and traffic geometrics, frequent dust pollution; and other similar considerations through the implementation standard development-related Conditions of Approval (COAs) and compliance with the California City Municipal Code (CCMC). Based upon the infill nature of the property, combined with a relatively low development footprint, the Project does not have the potential to create an adverse environmental impacts related to city code permitted noise levels, the existing air quality levels, and/or the quality of the City’s water and sewer system.

The following reports and/or studies are applicable to development of the project site and hereby incorporated by reference:
1 An 8-inch sewer main line is located within at the intersection of Yerba Blvd. and CCB, which is approximately 3.5-miles linear feet from the Project site. Ref. Figure 6, City Sewer Plan. City of California City Local Agency Management Program (CCLAMP). 94 - 295 February 13, 2024
• City of California City Final General Plan 2009-2028, approved October 6, 2009 (City of California City 2009)
• City of California City Draft Environmental Impact Report for the California City Redevelopment Plan (1998)
• City of California City Final General Plan 2009-2028 Initial Study and Mitigated Negative Declaration (SCH#1992062069)
• City of California City Final Environmental Impact Report for the California City Redevelopment Plan (SCH#87130918)
• Kern County Airport Land Use Compatibility Plan (ALUCP) This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21500 et. seq. The City of California City will serve as the lead agency pursuant to CEQA. Both reports
II. APPLICABLE GENERAL PLAN AND ZONING REGULATIONS
A. General Plan Elements/Policies:

1. Land Use: Existing: Open Space – Resource Area (OR/A).

Proposed: Light Industrial (M-1).

2. Circulation: California City Blvd. will provide the primary point of ingress and egress as this publicly dedicated roadway serves the Project site. In order to facilitate circulation, throughout the project site the City will require the dedication and improvement of the approximate 347 linear-feet of frontage.

3. Multipurpose Open Space: The project will not create a need for additional open space and/or active park recreational facilities. Furthermore, the Project does not preclude or remove any active parkland and/or passive open space, trails, bike paths, or other similar facilities. The project is located within, and adjacent to a designated conservation area and will need to address possible interface guidelines set forth by the California Department of Fish & Wildlife (CDFW) and the Unites States Fish and Wildlife Service (USFWS).

4. Safety: The Project is not located upon, or within, an area of hazardous materials as detailed within the applicable state and federal resource maps. The Project is located approximately 2.26-miles southwest of the California Municipal Airport. Therefore, the Project is not affected by Kern County Airport Land Use Compatibility Plan (ALUCP) of the California City Municipal Airport Influence Area (AIA). As such, the Project will not impact airport operations in any manner. The Project will not create any dangerous or hazardous circulation geometrics which would cause a concern for the motoring public. 95 - 295 February 13, 2024
FIGURE 1

5. Noise: The Project is located within a planned industrial area of the City where the majority of ambient noise generation is caused by the Average Daily Trips (ADT) associated with vehicle traffic trips occurring along CCB. The Project may create an increase in the levels of ambient noise given the adjacency to an existing area of land conservation and will need to address possible interface guidelines set forth by the California Department of Fish & Wildlife (CDFW) and the USFWS.

6. Housing: The Project is located on vacant land, currently zoned as open space and does not propose to remove or displace any housing, of any type on, or adjacent to the Project boundaries, as no dwelling units on, adjacent to, or near the project site. The City’s Municipal Code does not consider the O/RA zone as a residential zone for purposes of the 200-foot setback. Nevertheless, the Project is located in excess of 200-feet of any existing or planned residential zones, dwellings, or units. The proposed development will not cause an undue impact or burden upon any existing or planned City, State, or Federal housing program or regulation.

7. Air Quality: The Project will not substantially increase the baseline air quality emissions resulting from either the construction or operations of the cannabis cultivation and manufacturing facility. The Project is not anticipated to produce pollutants of concern in excess of SCAQMD thresholds for elements such as NOx; SOx; or O3 . The Project will require

PROJECT SITE
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the use of generators (powered by either gas or diesel fuel) during construction and/or initial operations. Generators shall be certified by the California Air Resources Board (CARB) and obtain a permit from the East Kern Air Pollution Control District (EKAPCD), as applicable.

Southern California Edison (SCE) will provide the project site with both temporary and permanent power service.

B. General Plan Area Plan(s): Open Space
C. Land Use Designation(s): O/RA
D. Overlay(s), if any: N/A
E. Policy Area(s), if any: N/A
F. Adjacent and Surrounding:

1. Land Use Designation(s): Open Space to the south, east, and west. Light Manufacturing and Research zone to the north.

2. Overlay(s), if any: N/A

3. Policy Area(s), if any: N/A
G. Adopted Specific Plan Information

1. Name and Number of Specific Plan, if any: N/A

2. Specific Plan Planning Area, and Policies, if any: N/A H. Existing Zoning: Open Space Resources Area (OR/A)
I. Proposed Zoning, if any: Light Industrial (M-1)
J. Adjacent and Surrounding Zoning: Open Space to the south, east, and west. Light Manufacturing and Research zone to the north.

III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below (x) would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
97 - 295 February 13, 2024
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
IV. DETERMINATION
On the basis of this initial evaluation:

A PREVIOUS ENVIRONMENTAL IMPACT REPORT/NEGATIVE DECLARATION WAS NOT

PREPARED
I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project, described in this document, have been made or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

A PREVIOUS ENVIRONMENTAL IMPACT REPORT/NEGATIVE DECLARATION WAS PREPARED I find that although the proposed project could have a significant effect on the environment, NO NEW ENVIRONMENTAL DOCUMENTATION IS REQUIRED because (a) all potentially significant effects of the proposed project have been adequately analyzed in an earlier EIR or Negative Declaration pursuant to applicable legal standards, (b) all potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, (c) the proposed project will not result in any new significant environmental effects not identified in the earlier EIR or Negative Declaration, (d) the proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR or Negative Declaration, (e) no considerably different mitigation measures have been identified and (f) no mitigation measures found infeasible have become feasible.

I find that although all potentially significant effects have been adequately analyzed in an earlier EIR or Negative Declaration pursuant to applicable legal standards, some changes or additions are necessary but none of the conditions described in California Code of Regulations, Section 15212 exist.

An ADDENDUM to a previously certified EIR or Negative Declaration has been prepared and will be considered by the approving body or bodies.

I find that at least one of the conditions described in California Code of Regulations, Section 15212 exist, but I further find that only minor additions or changes are necessary to make the previous EIR adequately apply to the Project in the changed situation; therefore, a SUPPLEMENT TO THE ENVIRONMENTAL IMPACT REPORT is required that need only contain the information necessary to make the previous EIR adequate for the Project as revised.

I find that at least one of the following conditions described in California Code of Regulations, Section 15212, exist and a SUBSEQUENT ENVIRONMENTAL IMPACT REPORT is required: (1) Substantial changes are proposed in the Project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes have occurred with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any the following:(A) The Project will have one or more significant effects not discussed in the previous EIR or negative declaration;(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR or negative 98 - 295 February 13, 2024
declaration;(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measures or alternatives; or,(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or negative declaration would substantially reduce one or more significant effects of the Project on the environment, but the Project proponents decline to adopt the mitigation measures or alternatives.

Signature Date
Printed Name City Planner
99 - 295 February 13, 2024
100 - 295 February 13, 2024
Figure 1-2: Proposed Site Plan
101 - 295 February 13, 2024
Figure 1-3: Project Location Map
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V. ENVIRONMENTAL ISSUES ASSESSMENT
In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21500–21189), this Initial Study has been prepared to analyze the proposed Project to determine any potential significant impacts upon the environment that would result from construction and implementation of the Project. In accordance with California Code of Regulations, Section 15063, this Initial Study is a preliminary analysis prepared by the Lead Agency, City of California, in consultation with other jurisdictional agencies, to determine whether a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report is required for the proposed Project. The purpose of this Initial Study is to inform the decision-makers, affected agencies, and the public of potential environmental impacts associated with the implementation of the proposed Project.

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less
Than
Significant
Impact
No
Impact
AESTHETICS Would the Project

1. Scenic Resources
a) Have a substantial effect upon a scenic highway
corridor within which it is located?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings. (Public views are those that are
experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing
scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in the area?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; Project Materials.

Findings of Fact: According to the California City General Plan, the City is located within the Mojave Desert, which is characterized by gentle rolling ground surfaces, with low to moderate topographical relief across the desert floor. The immediate vicinity surrounding the Project consists of moderately sloping alluvial plains with a series of steep rock buttes and several arroyos, including Cache Creek, which lies approximately 5-miles south of the project site; the Tehachapi Mountains is located approximately 6-miles to west of the Project site. Death Valley National Park is located approximately 117-miles to the northeast of the Project site. All sites create various scenic vistas throughout California City (California City General Plan, 2009). Based upon the limited size and scale of the Project, impacts to existing or proposed scenic vistas is considered very low.

The adjacent parcels south, east, and west of the project, area currently vacant and undisturbed with scattered vegetation. From the Project site, views of the Tehachapi Mountains to the west are the most prominent but will not be obscured by the proposed height or massing of the proposed 103 - 295 February 13, 2024
buildings. The maximum building height is thirty-five (35’) which is consistent with previously approved cannabis cultivation operations. Further, there is no maximum height development standard in the Light Manufacturing (M-1) Zoning District.2
The Project proposes to develop a 258,600 SF for a commercial cannabis operation. The building construction type, architectural style, and massing, as well as the proposed building elevations, materials, roof pitch will conform and be consistent with applicable development standards, and the theme and style of surrounding parcels and the general environment of the s, which is administered by the City, as part of the development process, in which the proposed site design will be reviewed by the Community Development Department. Pursuant to the California City Municipal Code (CCMC), Sections 9.2.209 and 9.2.211 requires review of Off-Street Parking Facilities, as well as associated lighting standards through the Site Plan Review. A process that also includes the installation of landscaping within the project site which provides enhancement to the surrounding character of the project site. The project's compliance with these standards ensures that impacts effecting the existing visual character or quality of the site and its surroundings are less than significant.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary
AGRICULTURE & FOREST RESOURCES Would the Project

4. Agriculture. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined by Public Resources Code
section 12220(g), timberland (as defined by Public
Resources Cide section 4526), or Timberland Production
(as defined by Government Code 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
2 Sec. 9-2.2103. - Site and Structure Requirements (M1). https://library.municode.com/ca/california_city/codes/code_of_ordinances?nodeId=CD_ORD_TIT9LAUSDE_CH2ZO_ART21MIGINDI_S9-

2.2103SISTREM1
104 - 295 February 13, 2024
Source: California Agricultural Land Evaluation and Site Assessment Model (1997); Forest and Range Assessment Project and the Forest Legacy Assessment; City of California City Municipal Code; City of California City Final General Plan 2009-2028; Project Materials.

Findings of Fact: According to the California Important Farmland Finder, the Project site is designated as “Urban and Built-up.” 3 The soil types are 85% Cajon, 3% DeStazo, 3% Arizo, 3% Garlock, 3%, Neuralia, and the balance (3%) is Unnamed soils. The composition of such soils, which indicate high likelihood of geomorphic positions such are terraces, backslopes, and alluvial fans; 4 all of which are
nearly inhospitable to farming uses. The Project will not disturb or convert any designated farmland or other form of agricultural resource. The subject site and surrounding land to the north, east, south, and west is not categorized as “Urban and Built-up” lands. The Project does not contain any properties cataloged as Prime Farmland, Unique Farmland, or Farmland of local statewide importance. As such no impacts are expected. The Project site is not located in an existing zone for agricultural use or classified as farmland. According to the Williamson Act records, no portion of land within a one-mile radius is recognized as being under a Williamson Act Contract. The proposed Project will not impact or remove land from the City or County’s agricultural zoning or agricultural reserve. No impacts are expected. Based upon the lack of available farmland, contracted land, and soil type a LESA analysis is not required.

The Project is located within an existing urbanizing desert environment that is currently zoned for industrial uses. The Project site, and the surrounding vicinity, does not contain any forest land, timberland, or is located within Timberland Production Zones (TPZ) that have occurred or will occur on the Project site or in the surrounding area because forest vegetation is not characteristic of the Eastern Kern County desert environment. No impacts are anticipated. No forest land, timberland or Timberland Production zoning occurs on the Project site or in the surrounding area because forest vegetation is not characteristic of the Eastern Kern County desert environment. No impacts are anticipated.. The proposed indoor cultivation and processing facilities will not result in conversion of any farmland or forest land because no farmland or forest land is situated within or adjacent to the Project. No impacts are anticipated.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary

6. Air Quality Impacts
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to a substantial pollutant concentrations?
3 UC Davis, NRCS. SoilWeb, https://casoilresource.lawr.ucdavis.edu/gmap/ 105 - 295 February 13, 2024
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number or people? Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; Project Materials; Kern County Air Pollution Control District (EKAPCD).

Findings of Fact: California City is located within the Mojave Desert Air Basin and is under the jurisdiction of the Kern County Air Pollution Control District (EKAPCD). There are over 3,700-square miles in the eastern portion that Kern County APCD controls, located on the western edge of the Mojave Desert. The high summer temperatures and radiation from the sun can encourage photochemical ozone formation when local sources or transported volatile organic compounds (VOC's) and oxides of Nitrogen (NOx) precursors are present. Kern County is within the jurisdiction of both the San Joaquin Valley Air Pollution Control District (SJVAPCD) in the San Joaquin Valley Air Basin (SJVAB) and the Eastern Kern Air Pollution Control District (EKAPCD) in the Mojave Desert Air Basin (MOAB). Projects are evaluated for consistency with the local air quality management plans, which link local planning and individual Projects to the regional plans developed to meet the ambient air quality standards. The assessment takes into consideration whether the Project forms part of the expected conditions identified in local plans (General Plan Land Use and Zoning) and whether the Project adheres to the City's air quality goals, policies, and local development assumptions factored into the regional California Air Resources Board (CARB). In its current condition, the undeveloped Project site is surrounded by mostly vacant land and is not located within proximity of existing residential uses or other densely populated areas of the City or County. As this will likely increase the baseline assumptions for population growth above the level projected in the adopted California Air Resources Board build out assumptions, an air quality study is warranted. Given adequate mitigation measures, the Project would not result in or cause violations to the National Ambient Air Quality Standards or California Ambient Air Quality Standards. Given the potential for “stand-by” generators to be used for future operations, an air quality analysis is required to determine consistency with the local air quality management plan. In the event that the electricity purveyor (Southern California Edison) cannot immediately supply service concurrently with the City’s issuance of certificates of occupancy and business/cannabis licenses, the project may utilize on-site generators to achieve operational capacity prior to full electrification by SCE. In this circumstance, the project anticipates the utilization of Capstone Green Energy Corporation – Microturbine System Emissions, to provide temporary power in lieu of delaying project operations and awaiting the completion of infrastructure development by Southern California Edison (SCE). The proposed generator will operate 8-hours per day for at-least one year (365 days), with approximately 1,920 operational hours per year. Only CARB-certified generators will be utilized at the facility. While the timeframe of electrical infrastructure by SCE is undetermined, the generators being utilized has already undergone a rigorous certification process by CalEPA and CARB for commercial use in the manner described. An air quality (CalEEMod, 2022.1) analysis was completed, and the results are described below in Table 1-1. The Project does not exceed the daily thresholds for criteria pollutants as set forth by the Kern County/Mohave Air District.

Consequently, the Project would not substantially contribute to a significant individual or cumulative impact on existing or projected exceedances of the state or federal ambient air quality standards or result in a cumulatively considerable net increase in the emissions of any criteria pollutant for which the Project region is designated nonattainment. Less than significant impacts are anticipated. 106 - 295 February 13, 2024
TABLE 1-1: PROJECT CONSTRUCTION EMISSIONS (Unmitigated) Pollutant Daily
Maximum
Emissions
(lbs./day)
EKAPCD
Maximum Daily
Threshold
(lbs./day)
Exceeds EKAPCD
Threshold?
Reactive Organic Gas (ROG) 20.87 N/A NO
Oxides of Nitrogen (NOx) 15.7 137 NO
Carbon Monoxide (CO) 21.9 548 NO
PM10 2.33 82 NO
PM2.5 1.30 82 NO
SO2 0.04 148 NO
Source: CalEEMod® | ©2022.1 California Air Pollution Control Officers Association, Table 2.1. Construction Emissions Compared Against Thresholds 5 Guidelines for Implementation of the California Environmental Quality Act (CEQA) of 1970, As Amended, Pg.13 (http://www.kernair.org/Documents/CEQA/CEQA_Guidelines%20&%20Charts.pdf) TABLE 1-2: PROJECT OPERATION EMISSIONS (Unmitigated)
Pollutant Daily
Maximum
Emissions
(lbs./day)
EKAPCD Maximum
Daily Threshold
(lbs./day)
Exceeds EKAPCD
Threshold?
Reactive Organic Gas (ROG) 20.3 1375 NO
Oxides of Nitrogen (NOx) 24.2 137 NO
Carbon Monoxide (CO) 189 548 NO
PM10 3.42 82 NO
PM2.5 0.87 82 NO
SO2 0.11 148 NO
Source: CalEEMod® | ©2022.1 California Air Pollution Control Officers Association, Table 2.4. Operations Emissions Compared Against Thresholds 107 - 295 February 13, 2024
Mitigation:

AQ-1: The Project shall comply with Rule 1466, which sets forth requirements to minimize fugitive dust emissions.

AQ-2: Article 11, Section 5-6.1301 of the City Municipal Code requires the reduction and elimination of odors resulting from the processing, cultivation, and the commercial sale of cannabis and cannabis related products. The Project is required to implement, maintain in good repair, and comply with City monitoring and enforcement as necessary. Furthermore, compliance with City Code is required of all projects and is not considered unique mitigation.

Requirements to Minimize Fugitive Dust Emissions
AQ-3: The project proponent shall install a sign, no less than four feet by eight feet in area, and no more than six feet in height. The sign shall provide the name and number of a 24/7 contact for concerns relating to construction noise or dust.

Monitoring: The City Code Enforcement Department will monitor and enforce odor, noise, and other similar complaints. The City Planning Division will monitor compliance of the mitigation measures set forth in the CalEEMOD report and analysis.

Monitoring: The EKAPCD and City Planning Department will monitor implementation of mitigation measures.

BIOLOGICAL RESOURCES Would the Project

7. Wildlife & Vegetation
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect, on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, 108 - 295 February 13, 2024
or other approved local, regional, or state habitat
conservation plan??
Source: City of California City Municipal Code; Biological Resource Assessment for APN: 225-221-02 and -03 (dated July 6, 2020); Biological Resource Assessment for APN: 225-092-13 (dated May 27, 2021); City of California City Final General Plan 2009-2028); Project Materials.

Findings of Fact: A Biological Resource Assessment was conducted on an adjacent property (APN:
225-201-03) for which the field survey buffer incorporated the Project site. As part of this assessment, the lead biologist prepared a line transect survey to inventory biological resources potentially available on-site. The proposed project area was characteristic of a highly impacted desert field. A total of twentythree (23) plant species and fourteen (14) wildlife species or their sign were observed during the line transect survey. However, in regard to particular species of concern, that are currently established as threatened or endangered species on identified at either the federal or state level, none were observed.

The proposed project area was characteristic of a disturbed creosote bush (Larrea tridentata) scrub plant community. A total of twenty-three plant species and fourteen wildlife species or their sign were observed during the line transect survey. No desert tortoises (Gopherus agassizii) or their sign were observed during the field survey. No Mohave ground squirrels (Xerospermophilus mohavensis) were observed or audibly detected during the field survey. Schismus (Schismus sp.), an invasive grass species that appears to be an indicator of poor Mohave ground squirrel habitat, is the dominant annual within and adjacent to the study site. Mohave ground squirrels are not expected due to lack of required forage and cover plant species. The only perennials are creosote bush, and small decadent individuals of both Anderson thorn (Lycium andersonii) and burro bush (Ambrosia dumosa). No American badgers (Taxidea taxus) or their sign were observed within the study site. No desert kit foxes or their sign were observed during the field survey. No burrowing owls (Athene cunicularia) or their sign were observed during the field survey. No potential cover sites for burrowing owls were observed within the project area. No sensitive plants, specifically, alkali mariposa lily (Calochortus striatus), desert cymopterus (Cymopterus deserticola), and Barstow woolly sunflower (Eriophyllum mohanense) are expected to occur within the study area due to lack of suitable habitat. Prairie falcons (Falco mexicanus) and other raptors may fly over the site but there are no nesting or roosting opportunities available within the study site. Migratory birds would not be expected to nest in the vegetation within the study site. There is a billboard sign within the study site that could provide potential nesting sites. No other state or federally listed species are expected to occur within the proposed project area. Two blue line streams were noted within the study site on the U.S.G.S. topographic map. However, no visible indications of an ephemeral wash or other water features were observed within the study site.

The California Department of Fish & Wildlife (CDFW) began planning for the establishment of, and acquisition of private lands for the conservation of the Mohave Ground Squirrel (MGS). In 2007, CDFW determined that an essential component of any conservation strategy, for the state-listed MGS. The service has identified four “core areas” that have historically supported relatively abundant and widespread MGS populations. There is evidence that these populations will continue to persist given adequate conservation efforts and mitigation strategies. As a Land Mitigation Bank does not currently exist, mitigation credits are reserved for future conservation efforts. The four core areas currently recognized are detailed as follows:
109 - 295 February 13, 2024
• Coso Range NW to Olancha. Most of the area is within the China Lake NAWS military reservation, with a mixture of BLM, LADWP, and private lands to the west (Inyo County). • Little Dixie Wash (from Inyokern SW to Red Rock Canyon State Park). Most of the area is publicly managed by BLM, with some private and state ownerships as well (Kern County). • Edwards Air Force Base, east of Rogers Dry Lake. This core area is entirely on the United States Air Force (USAF) military reservation; the surrounding lands are in private and BLM ownership (Kern and San Bernardino County).
• Coolgardie Mesa to Superior Valley. Land ownership was primarily BLM and in private ownership; however, much of the northern portion of this core area is not included within the Fort Irwin Wester Expansion Area (WEA) (San Bernardino County).

The Project is located approximately 45-miles from the Little Dixie Wash conservation area, which is sufficient distance removed from the conservation area. CDFW provides additional analysis to support this potential incremental impact upon MGS habitat, through their Mohave Ground Squirrel Technical Advisory Group (MSG TAG); which is a long-standing committee of MGS technical experts, land management, and regulatory agencies. That being said CDFW remains concerned that the urbanizing effects of the Project will contribute to the diminishment; albeit incremental, upon the MGS habitat. The TAG published a list of conservation priorities in December of 2030 and sets forth five primary conservation priorities intended to support the ongoing conservation of the MGS. These priorities are detailed as follows6
:
• Maintain Functional Habitat Connections between Known Populations • Protect Known Core Areas
• Identify Development Zones with Minimal Impact on MGS Habitat • Conduct Research to Clarify the Distribution and Status of the MGS • Conduct Research to Improve Mohave Ground Squirrel Detection Capabilities b) – f) A Biological Assessment was conducted September 10, 2019 and as part, a habitat assessment/field survey was prepared. This assessment is incorporated herein by reference, to confirm existing site conditions within the project site. The lead biologist extensively surveyed all special-status habitats and/or natural areas, where accessible, which have a higher potential to support special-status plant and wildlife species. Vegetation communities occurring within the project site were mapped on an aerial photograph and classified in accordance with the vegetation descriptions provided in A Manual of California Vegetation (Sawyer et al., 2009) and cross referenced with the Preliminary Descriptions of the Terrestrial Natural Communities of California (Holland, 1986). In addition, site characteristics such as soil condition, topography, hydrology, anthropogenic disturbances, indicator species, condition of on-site vegetation communities, and the presence of potentially regulated jurisdictional features were noted. Mark Hagan-Biologist used Geographic Information Systems (GIS) ArcView software to digitize the mapped vegetation communities and then transferred these data onto an aerial photograph to further document existing conditions and quantify the acreage of each vegetation community. A line transect survey was conducted to inventory biological resources. The proposed project area was characteristic of a disturbed creosote bush (Larrea tridentata) scrub plant community. A total of twentythree plant species and fourteen wildlife species or their sign were observed during the line transect survey. No desert tortoises (Gopherus agassizii) or their sign were observed during the field survey. No Mohave ground squirrels (Xerospermophilus mohavensis) were observed or audibly detected during the field survey. Schismus (Schismus sp.), an invasive grass species that appears to be an indicator of 6 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83973&inline 110 - 295 February 13, 2024
poor Mohave ground squirrel habitat, is the dominant annual within and adjacent to the study site.

Mohave ground squirrels are not expected due to lack of required forage and cover plant species. The additional details, regarding the Habitat Assessment methodology, can be found in the attached Biological Assessment Report, prepared by Mark Hagan-Biologist. (Appendix D) The Biological Assessment indicated that natural habitats (within the project site) have been disturbed as a result of previous grading activities, resulting in a disturbed rubber rabbitbrush vegetation community and heavily disturbed/compacted surface soils throughout. No special-status plant species were observed during the field survey. The disturbed nature of the project site has reduced the potential for it to provide suitable habitat for special-status plant species. Based on the results of the habitat assessment and a review of specific habitat preferences, distributions, and elevation ranges, it was determined that special-status plant species identified by the CNDDB and CNPS Online Inventory database are not expected to occur within the project site. The project site and surrounding vegetation communities provide limited suitable foraging and nesting habitat for a variety of year-round and seasonal avian species reside as well as migrating songbirds that could occur in the area. Nesting birds are protected under the MBTA, the Bald and Golden Eagle Protection Act, and the CFGC. If projectrelated activities are to be initiated during the nesting season (January 1st to August 31st), a preconstruction nesting bird clearance survey should be conducted by a qualified biologist no more than three (3) days prior to the start of any vegetation removal or ground disturbing activities. The qualified biologist shall survey all suitable nesting habitat within the project impact area, and areas within a biologically defensible buffer zone surrounding the project impact area. If no active nests are detected during the clearance survey, project activities may begin, and no additional avoidance and minimization measures would be required. If an active nest is found, the bird species shall be identified, and a “nondisturbance” buffer should be established around the active nest. The size of the “non-disturbance” buffer should be increased or decreased based on the judgement of the qualified biologist and level of activity and sensitivity of the species. It is further recommended that the qualified biologist periodically monitor any active nests to determine if project-related activities occurring outside the “no-disturbance” buffer disturb the birds and if the buffer should be increased. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, project activities within the “nodisturbance” buffer may occur.

Although not identified in the CNDDB database search of the USGS California City North, California City South, Mojave NE, and Sanborn, California 7.5-minute quadrangles, California horned lark was the only special-status wildlife species observed during the field survey. Based on the results of the habitat assessment and a review of specific habitat preferences, occurrence records, known distributions, and elevation ranges, it was determined that the project site has a moderate potential to support burrowing owl, prairie falcon, and loggerhead shrike; and a low potential to support Mohave ground squirrel. All remaining special-status wildlife species identified by the CNDDB database are not expected to occur within the project site.

Due to the proximity of the project site to existing occurrence records for burrowing owl, pre-construction burrowing owl clearance surveys should be conducted by a qualified biologist to ensure that burrowing owls remain absent from the project site and impacts to burrowing owls do not occur. In accordance with the Staff Report on Burrowing Owl Mitigation (CDFW, 2012), two (2) pre-construction clearance surveys should be conducted 14-30 days and 24 hours prior to any vegetation removal or ground disturbing activities. Documentation of surveys and findings shall be submitted to the City of California City for review and file. If no burrowing owls or occupied burrows are detected, project activities may 111 - 295 February 13, 2024
begin. If an occupied burrow is found within the development footprint during pre-construction clearance surveys, a burrowing owl exclusion and mitigation plan will need to be prepared and submitted to CDFW for approval prior to initiating project activities. Although Burrowing Owl was not observed during the field survey, the project site is located within the immediate vicinity of areas that do have the potential for sufficient habitat to occur, even though no owls have been observed. The Project is found to have a less than significant impact, upon biological resources, with the following mitigation measures incorporated.

Mitigation:

BIO-1: The Project proponent shall conduct two (2) pre-construction clearance surveys should be conducted 14-30 days and 24 hours prior to any vegetation removal or ground disturbing activities.

Documentation of surveys and findings shall be submitted to the City of California City for review and file. If no burrowing owls or occupied burrows are detected, project activities may begin. If an occupied burrow is found within the development footprint during pre-construction clearance surveys, a burrowing owl exclusion and mitigation plan will need to be prepared and submitted to CDFW for approval prior to initiating project activities.

BIO-2: If positive findings are determined, through the pre-construction surveys conducted under Mitigation Measure BIO 1, which qualify as suitable habitat is observed, and/or the presence of endangered or threatened species is also observed, then the Project proponent shall conduct the appropriate protocol surveys, prior to any development occurs within the project site to confirm the presence/absence of said species. Protocol surveys shall consist of three (3) separate 5-night trapping sessions conducted during specific terms between March 15th and July 15th.

BIO-3: If the protocol surveys conducted as part of Mitigation Measure BIO 2 and qualifying species are found to occupy the project site and/or the construction clearance areas of the Project site, then proponent shall file for, and process to completion, an Incidental Take Permit, in compliance with CDFW’s discretionary authority as defined by Title 14 of the California Code of Regulations (Section 15357 of the CEQA Guidelines). Under this Incidental Take Permit, CDFW will review and determine the necessary minimization and mitigation measures; including, but not limited to, the purchase of credits from a CDFW approved conservation or mitigation bank.7

BIO-4: Nesting generally lasts from February to July but may extend beyond this time frame. Grading and other ground disturbing activities occurring during or close to the nesting season shall require a qualified biologist will survey the area as close as possible but no more than one week prior to removal.

If active bird nests are found, impacts to nests will be avoided by either delaying work or establishing initial buffer areas of a minimum of 50 feet (16 m) around active migratory bird species nests. The project biologist will determine if the buffer areas should be increased or decreased based on the nesting bird response to disturbances.

Monitoring: The California Department of Fish and Wildlife (CDFW) will monitor and establish the mitigation/conservation credit agreement and the City of California City shall monitor the grading permit process and require written clearance, from CDFW, prior to the issuance of a grading permit. 7 https://wildlife.ca.gov/Conservation/Planning/Banking/Approved-Banks 112 - 295 February 13, 2024
CULTURAL RESOURCES Would the Project

8. Cultural Resources
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to §15064.5? b) Cause a substantial adverse change in the
significance of an archeological resource pursuant to
§15064.5
c) Disturb any human remains, including those interred
outside of formal cemeteries?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; Project Materials.

Findings of Fact: The project is located on an undeveloped parcel. According to the California City General Plan, historic resources are items that are at least 45 years of age or older that also represents a significant time, place, origin, event, or work of a master. Historic resources may be identified as structures and as archaeological sites. The General Plan Cultural Resources Chapter identifies five historic archaeological sites are recorded within the City. Recorded historic sites included trash scatter, glass and ceramics and potential WWII desert training or military disposal items. As referenced within the Historic and Cultural Element the General Plan, none of these findings were eligible for inclusion under the California State Office of Historic Preservation (SHPO). The site is vacant, and no historic structures or features have been identified on or adjacent to the project site. In addition, there are no recognizable potential historic resources, as defined in Section 15064.5 of the CEQA Guidelines, that would be adversely affected by the Project. This includes any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant. Less than significant impacts are anticipated.

The site is characterized by relatively flat, undisturbed desert land, with scattered vegetation. The Project site is not recognized as a unique archeological features; a site where former human remains, including those interred outside of formal cemeteries, have been identified or located; or a site that contains any existing religious or sacred uses. However, per the California City General Plan, if a unique archeological resource or site or human remains are found during excavation, all work will be suspended until the area has been thoroughly examined.

Pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains.

If the coroner determines the remains to be Native America or has reason to believe that they are Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission. Pursuant to the mentioned California Health and Safety Code, proper actions shall take place in the event of a discovery or recognition of any human remains during project construction activities. Less than significant impacts are expected following the standard conditions which do not address any unique circumstances regarding the proposed site.

As previously discussed in the Cultural Resources section, there are five recorded historic archaeological sites within the City, according to the California City General Plan. These archaeological sites are located in excess of 10-miles to the northeast and not found within the project area. The 113 - 295 February 13, 2024
General Plan Cultural Resources Chapter concluded that no cultural resources were found on the project site or with close proximity to the site (discussed in the Cultural Resources Element). The historical, cultural, and archaeological resources surveys outlined within the California City General Plan indicate that the project site is not listed or eligible for listing in the California Register of Historical Resources or in any local register. Therefore, no impacts are anticipated with project implementation of the standard mitigation measures. As previously discussed in the Cultural Resources discussion of this document, there are five recorded historic archaeological sites within the City, according to the California City General Plan. The archaeological sites are not found within the project area. Therefore, no impacts are anticipated with project implementation. As previously discussed, the land surveys prepared for the California City General Plan did not indicate the presence of historic resources, cultural resources, and archaeological resources on or near the project site. The California City General Plan states that the City had no Native American Sacred Sites within the City's boundary. Therefore, project implementation is not expected to have a substantial adverse change in a significant Tribal cultural resource. Less than significant impacts are anticipated.

Mitigation:

CUL-1: Pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native America or has reason to believe that they are Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission.

CUL–2: If cultural resources are found during project construction, all ground-disturbing activities within 100 feet of the find shall be halted. A Registered Professional Archaeologist shall prepare a Cultural Resources Management Plan in consultation with the consulting tribes and the City Planning Department to include relinquishment of all artifacts through one of the following methods:

1. A fully executed reburial agreement with the appropriate culturally affiliated Native American tribe or band. This reburial area should be away from any future impacts. Reburial shall not occur until all cataloguing; analysis and any necessary special studies have been completed on the cultural resources. Details of contents and location of the reburial shall be documented in a Final Report; OR

2. Curation at a Riverside County Curation facility that meets federal standards per 36 CFR Part 79 and therefore will be professionally curated and made available to other archaeologists/researchers and tribal members for further study. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence shall be provided in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid.

Monitoring: The City Planning Division staff will monitor and enforce compliance. 114 - 295 February 13, 2024

9. Energy
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Open Space Element.

Findings of Fact: The Project will reduce its GHG emissions to the maximum extent feasible through energy conservation measures and implementation of the current California Green Building Standards Code in addition to the use of natural light for plant growth and water efficient irrigation for irrigation and landscape design. No impact is anticipated to adopted Energy Conservation plans. a. Less than Significant Impact. The Project would have a potentially significant impact if it would result in the substantial adverse effect due to wasteful, inefficient, or unnecessary consumption of energy resources during Project construction or operation. During plan check, the City reviews plans for compliance with building code requirements specified in CCMC Chapter 8, Building Regulations. As noted on the site plans, the Project shall comply with the California Building Code, California Green Building Standards Code, and the California Energy Code. The California Green Building Standards Code enhances the design and construction of buildings to reduce negative environmental impacts through planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality. Compliance with California Energy Code ensures energy efficiency within new and existing buildings. The Project will conform to the 2022 Title 24 energy saving requirements. Based on CalEEMod Outputs shown in Tables 2-1, the proposed Project would use 9,503,484 kilo-British thermal units per year (kBTU/yr.) of natural gas and 4,990,755 kilowatt hours per year (kWh/yr.) of electricity. Project-related vehicle trips would also use fuel or electricity. In addition, construction of the Project would involve fuel and electricity use from construction equipment and hauling, worker, and vendor trips. The Project is located adjacent to a local collector roadway.

Further, as evaluated in Greenhouse Gas Emissions resource section, the Project is consistent with the CARB Scoping Plan for AB32, as well as local Kern County Greenhouse Gases Emissions TABLE 2-1: TOTAL ANNUAL OPERATIONAL ENERGY CONSUMPTION (Unmitigated) Land Use Electricity
(kWh/yr.)
CO2 CH4 N2O Natural Gas (kBTU/yr.)
Industrial 4,990,755 349 0.0330 0.0040 9,503,484
Parking Lot 98,907 349 0.0330 0.0040 0.00
Source: Source: Table 5.11-Operational Energy Consumption (Rush Environmental, LLC AQ/GHG Report; using CalEEMod® | ©2022.1.1.5 CAPCOA)
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Reduction Measures8
. Compliance with the codes cited above, as noted on the site plans, as well as compliance with these such plans will reduce the potential impacts due to wasteful, inefficient, or unnecessary consumption of energy resources resulting in no impact. b. Less than Significant Impact. The Project would result in a potentially significant environmental impact if it would conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

As regulatory requirement, the Project would be reviewed for consistency with applicable state and local plans for renewable energy and efficiency. As stated above, the Project would comply with the 2022 California Building Code, California Green Building Standards Code, and the California Energy Code, as amended and in their entirety. Compliance with these regulatory standards and compliance with the aforementioned reduction measures will reduce the impacts of the building through the use of measures such as increasing energy efficiency through installing energy-efficient lighting, consistent with KernCOG Kern County GHG Inventory9
.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary

10. GEOLOGY AND SOILS Would the Project
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault? Refer to Division of Mines and Geology
Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and 8 Kern Council of Governments (KernCOG) GHG Emission Reduction Measures (https://www.kerncog.org/?s=GHG), Accessed Aug. 4, 2021.
9 Ibid.

TABLE 2-2: CONSTRUCTION ENERGY CONSUMPTION (Unmitigated) Year Electricity (MWh) CO2 (lbs./yr.) CH4 (lbs./yr.) N2O (lbs./yr.) 2023 0 532 0.03 < 0.005
2024 0 532 0.03 < 0.005
Source: Table 5.8-Construction Electricity Consumption and Emissions Factors (Rush Environmental, LLC AQ/GHG Report; using CalEEMod® | ©2022.1.1.5 CAPCOA)
116 - 295 February 13, 2024
potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; General Plan Safety Element; Department of Conservation; University of California Museum of Paleontology. 2019. Databases. https://ucmp.berkeley.edu/collections/databases/. Accessed July 2022; Project Materials.
a– f) Findings of Fact: According to the Safety Element in the California City General Plan, a fault is defined as a fracture in the earth's crust forming a boundary between rock masses that have shifted.

Fault rupture is a break in the ground's surface and associated deformation resulting from the movement of a fault. Rupture would be a potential problem within California City if a strong earthquake occurs along a known or unknown fault within or near the City. According to the California City General Plan, the City is not located in an Alquist Priolo Earthquake Fault Zone. The closest Alquist-Priolo Earthquake Fault Zone lies approximately 30-miles northeast of the project site, at the Garlock Fault.

According to the Department of Conservations Geological Data Viewer and the General Plan Safety Element, the project property shows no mapped faults on-site per maps prepared by the California Geologic Survey and published by the International Conference of Building Officials (ICBO). The project area is not located within an earthquake fault zone, and no evidence of surface faulting was observed on the property during the site reconnaissance. Per the findings within the California City General Plan and the project-specific Geotechnical Investigation, surface fault rupture is considered unlikely at the project site. Less than significant impacts are expected.

California City, and the project site, is located in the Mojave Block, also referred to as the Eastern California Shear Zone (ECSZ). The ECSZ is an area of increased seismic activity which stretches from the San Andreas Fault in the Coachella Valley,north-northeast across the Mojave Desert, and northward to the Owens Valley. The numerous faults in the region may accommodate as much as 15 to 20 percent of the relative motion between the North American and Pacific Plates, and according to the California City General Plan, the closest fault to the City is the Garlock Fault. As a result, California City has the potential to experience seismic shaking and seismic-related hazards. The Project will build and construct buildings in accordance with the California Building Code (CBC), which establishes minimum structural and seismic standards for all commercial and industrial buildings.

The General Plan Safety Element states that liquefaction is the phenomenon in which loose, saturated, granular soils temporarily behave similarly to a fluid when subjected to high intensity ground shaking.

Liquefaction occurs when three general conditions are present: shallow groundwater, low-density, silty, or fine sandy soils, and high intensity ground motion. Areas of shallow groundwater have a higher susceptibility to liquefaction; however, the groundwater in the City ranges from approximately 384.7 to 482.7 feet below ground level, according to the Existing Sewer System Map (Figure I-1, Well #14) in the January 2018 California City Local Agency Management Program for Onsite Wastewater Treatment 117 - 295 February 13, 2024
Systems (OWTS)10, which results in a negligible impact from the effects of liquefaction. Per the findings within the California City General Plan, the potential for liquefaction occurring at the project site is considered low. Less than significant impacts are anticipated.

As the Project is in southern California, it is likely that the project site will experience at least one moderate to severe earthquake and associated seismic shaking during the Project useable life, as well as periodic slight to moderate earthquakes. In order to ensure the safety of the project site, the proposed cultivation facility shall be constructed in a manner that reduces the risk of seismic hazards (Title 24, California Code of Regulations). Standard Conditions of Approval require compliance with the most current seismic design coefficients and ground motion parameters and all applicable provisions of the 2019 California Building Code (CBC).

The California City “Slope of Terrain Map” and “Erosion Hazards” in the General Plan (Figure 6-2, 6- 3, pages 6-4 of the General Plan) classifies the project site's location as having a 0 to 15 percent slope.

The City lists two notable slopes within the City being Galilee Hill and Twin Buttes, that are northeast and southeast of the project site, respectively. Moreover, there are no significant slopes proposed as part of the proposed development; either on-site or being affected through any off-site grading activities. Based upon the Project’s associated earthmoving activities, it is concluded that risks associated with slope instability at the project property are considered low to negligible. In that vein, potential hazards associated with landslide risks are unlikely at the project site and less than significant impacts are anticipated.

The Safety Element in the California City General Plan states that land subsidence is the gradual, local settling or sinking of the earth’s surface with little or no horizontal motion. Although a seismic event can trigger subsidence, it can also occur as a result of gas, oil, or water extraction, hydrocompaction, or peat oxidation. The southern portion of the Planning Area has been undergoing gradual land subsidence, with up to four feet of subsidence over a 40-year period. Although subsidence is not a significant hazard damage to wells, foundations, and underground utilities may occur. The Project site is in the central to western portion of the City and is not as greatly affected by ground subsidence as those properties located in the southern portions of the City.

Per the findings within the California City General Plan and the project-specific Geotechnical Investigation, the potential for ground subsidence occurring at the project site is considered low.

Less than significant impacts are anticipated.

The property is not subject to any additional geological hazard such as seiche, mudflow, or volcanic hazard. As stated herein, the property is not located near, or within the general vicinity of a lake or partially enclosed body of water which would be affected by oscillation in the water level (e.g., seiche).

As stated in the section on landslide risks, for which mudflow would be a concern. Lastly, the Project is not located near or within a volcano.

The Project site is generally flat with a gentle slope in the northeast direction. Development will propose to alter or modify the topography or ground surface feature in a way that will substantially alter the topography or ground surface relief features; including changes that will possibly impact the operation of subsurface sewage disposal systems. The Project also does not propose to create cut or fill slopes greater than 2:1 or higher than 30-feet; therefore, risks associated with irregular or excessive slopes are considered negligible.
10 City of California City Local Agency Management Program for Onsite Wastewater Treatment System California City, California (January 2018), Figure 8: California City Groundwater Wells Level; Groundwater Well 2A 118 - 295 February 13, 2024
As expansive soils dry, the soil shrinks; when moisture is reintroduced into the soil, the soil swells. In order to reduce post-construction soil movement and provide uniform support for the buildings to be constructed at the subject site, over excavation and recompaction within the proposed building footprint areas should be performed to a minimum depth of five (5) feet below existing grades or three (3) feet below bottom of the proposed footing, whichever is deeper. Any undocumented fill encountered during grading should be removed and replaced with engineered fill.

Compliance with the City’s General Plan Safety Element, construction of underground utilities will be required to interconnect, and provide, water and sanitary sewer to the project site. According to the Existing Sewer System Map (Figure 6) in the 2018 California City Local Agency Management Program for Onsite Wastewater Treatment Systems (OWTS), a 15-inch sewer line currently exists within Mendiburu Road, located approximately 3.92-miles11 to the northeast. This is the distance required to install a sewer line within existing City R/W. Future sewer connection to, and initiation of service, is determined by the City Public Works Department. See Figure 2 below:

Figure 2
11 Figure 6, Existing Sewer System.
119 - 295 February 13, 2024
According to the City’s Sewer network (Figure 6), details the location of this 15-inch trunk line within the Mendiburu Blvd. R/W. See Figure 3, of this Initial Study:

Figure 3
The Project will be required to utilize on-site wastewater discharge until sanitary sewer is extended to the property. During construction, portable toilet facilities will be provided consistent with state and local guidelines.

As such, sub-service sewage facilities will be constructed on-site and permitted through the City. The construction site plan will utilize a portable toilet service in compliance with industry regulations until the construction of the permanent facilities and connection to the existing infrastructure. Design for all disposal systems shall comply with industry regulations, as well as the standards outlined in Title 7, Chapter 2 within California City Municipal Code. Less than significant impacts are anticipated.

The construction site plan will utilize a portable toilet service in compliance with industry regulations until the construction of the permanent facilities and connection to the existing infrastructure. Design for all disposal systems shall comply with industry regulations, as well as the standards outlined in Title 7, Chapter 2 within California City Municipal Code. No septic systems are proposed. Less than significant impacts are anticipated.

California City is in the high desert with an elevation range of 2,300 to 4,000 feet above sea level. Its climate is semi-arid, rainfall for the area is less than 6-inches annually, which provides for warm, dry weather in the summer and mild cooler weather in the winter.

The California City Erosion Hazards Map (Figure 6-3) within the General Plan displays most of the City, including the project site, is in an area with none to slight erosion hazards. As previously stated, 120 - 295 February 13, 2024
the project site resides within the Eastern Kern Air Pollution Control District,therefore must comply with the District’s Regulation IV, Rule 402. The purpose of this Rule is to prevent, reduce and mitigate ambient concentrations of anthropogenic fugitive dust emissions to an amount sufficient to attain and maintain the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS). According to Regulation IV, Rule 402, the project shall implement one or more fugitive dust emission control strategies, in order to limit visible dust emissions (VDE) to no more than 20-percent opacity or meet the conditions for a stabilized surface. Some control strategies include applying dust suppressants, controlling vehicular speed,using water trucks, and implementing track-out avoidance measures. The implementation of the fugitive dust emission control strategies will ensure the reduction of ambient concentrations of fine particulate matter (PM2.5) by reducing or mitigating anthropogenic fugitive dust emissions.

Impacts of windborne and waterborne soil erosion at the project site will be controlled during project operation after adequate paving, landscaping, and other means of stabilization is incorporated. The proposed plan indicates that offsite run-on to the site is collected and conveyed through to retention basins in-between buildings, and underground retention facilities under the eastern parking lots, in order to avoid onsite flooding. The drainage condition of the project site is subject to the completion of percolation/infiltration studies conducted during the grading process. If infiltration is infeasible, the Regional Water Quality Control Board Guidebook requires compliance with secondary or tertiary treatment measures. Upon completion of the project, the site intends to have both hardscape and softscape surfaces including the main industrial building and Project site landscaping including irrigation, surrounding the buildings and project perimeter. Following the implementation of the fugitive dust emission control strategies and the SWPPP, as well as the compliance with the adopted procedures for grading, erosion at the project site is anticipated to be less than significant.

Impacts of windborne and waterborne soil erosion at the project site will be controlled during project operation after adequate paving, landscaping, and other means of stabilization is incorporated. Upon completion of the project, the site intends to have both hardscape and softscape surfaces including the industrial and manufacturing uses building, and landscaping (consisting of decomposed granite with soil stabilizers) surrounding the buildings and project perimeter. Following the implementation of the fugitive dust emission control strategies and the SWPPP, as well as the compliance with the adopted procedures for grading, erosion at the project site is anticipated to be less than significant.

Numerous resources have been discovered in the County (University of California Museum of Paleontology 2019). The approximately 40-acre project site is characterized by relatively flat, undisturbed desert land, with scattered vegetation. The site is not recognized as a unique paleontological or a unique geologic feature. However, per the California City General Plan, if a unique paleontological resource or site or unique geologic feature are found during excavation, all work will be suspended until the area has been thoroughly examined. Therefore, the Project will not directly or indirectly destroy a unique paleontological resource or site, or unique geologic feature and no impact would occur.

Mitigation:

GEO-1: If a unique paleontological resource or site or unique geologic feature are found during excavation, all work will be suspended until the area has been thoroughly examined.

GEO-2: Per the Compliance Guidelines of the Lahontan Regional Water Quality Control Board, the Project will disturb more than one (1)-acre and will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) which will establish Best Management Practices (BMPs) for erosion control. 121 - 295 February 13, 2024
The Project is also required to comply with AQMD Rule 1466, which also requires dust control measures.

Monitoring: Mitigation Measures will be monitored and implemented by the City Planning Department.

GREENHOUSE GAS EMISSIONS Would the Project

12. Greenhouse Gas Emissions
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; General Plan Safety Element; Project Materials.

Findings of Fact: Greenhouse Gas (GHG) is a gaseous compound in the earth's atmosphere that is capable of absorbing infrared radiation, thereby trapping, and holding heat in the atmosphere. Common greenhouse gases in the earth's atmosphere include water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (NOx), ozone, and to a lesser extent chlorofluorocarbons. Carbon dioxide is the main GHG thought to contribute to climate change. In response to growing concern for long-term adverse impacts associated with global climate change, California's Global Warming Solutions Act of 2006 (AB 32) requires California Air Resource Board (CARB) to reduce statewide emissions of greenhouse gases to 1990 levels by 2020. In 2016, Governor Jerry Brown signed Senate Bill 32 (SB 32) that requires California to reduce GHG emissions to 40 percent below 1990 levels by 2030. In general, the Project will generate GHG emissions through Project-related area sources, energy usage, mobile sources, solid waste disposal, water usage, and wastewater treatment. The Project will add a new land use which produces an increase in operational greenhouse gas emissions is expected. Based upon the CalEEMod Modeling Reporting results, the operational emissions by sector, and compared against the thresholds by aspects of the proposed cannabis cultivation uses are anticipated to generate approximately 3,962 (MT/yr. of CO2e) annually, which is in excess of the 3,000 Metric Tons per Year of Carbon Dioxide Equivalent (MT/yr. of CO2e) which is identified in the CARB Scoping Plan. The project will operate under the mandatory regulations found in the most recent Cal Green Building Standards Code for nonresidential uses. See Table 2.5, detailing the annual emissions of metric tons of GHGs.

TABLE 2-5: OPERATIONS EMISSIONS COMPARE AGAINST THRESHOLDS (Unmitigated) Criteria Pollutant: Annual Emissions
(max)
(MT/yr. of CO2e) EKAPCD
Threshold for
Residential
Exceeds EKAPCD
Threshold?
Green House Gases (GHG) 3,962 3,000 N/A
Source: CalEEMod® | ©2022.1 California Air Pollution Control Officers Association, Table 2.4. Operations Emissions Compared Against Thresholds 122 - 295 February 13, 2024
California's Global Warming Solutions Act of 2006 (AB32) requires California to reduce its GHG emissions to 1990 levels by 2020. California Air Resource Board (CARB) has identified measures to achieve this goal as set forth in the CARB Seeping Plan. The EKAPCD adopted the interim GHG significance threshold for stationary/industrial sources on December 5, 2008 which applies to Projects where the EKAPCD is the lead agency. SB 32 adopted in 2021 requires the state to reduce statewide GHG emissions to 40% below 1990 levels by 2025 reduction target that was first introduced in Executive Order B-10-11. The project will reduce its GHG emissions to the maximum extent feasible through energy conservation measures and implementation of the current California Green Building Standards Code in addition to the use of natural light for plant growth and water efficient irrigation for plans and landscape design. The project will not interfere with the state's implementation of AB 32 or SB 32. As previously indicated, the project would not exceed the air basin threshold, therefore the project's GHG emissions would not conflict with plans and policies adopted for reducing GHGs emissions. Less than significant impacts are expected.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary
HAZARDS AND HAZARDOUS MATERIALS Would the Project

13. Hazards and Hazardous Materials
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset accident conditions involving the release of hazardous materials into the environment?
c) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
e) Impair implementation of or physically interfere
with an adopted emergency response plan or emergency
evacuation plan?
f) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; General Plan Safety Element; Phase 1 ESA; Project Materials. a– f) Findings of Fact: The project site is approximately 9.78-acres of vacant desert land and proposes to construct a 258,600 SF industrial and manufacturing uses. The project will not involve the use or storage of hazardous materials other than organic certified fertilizers and California approved natural 123 - 295 February 13, 2024
pesticides and fungicides. These materials will be stored and applied according to manufacturer's instructions to mitigate the potential for incidental release of hazardous materials or explosive reactions.

The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, and/or toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable, or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state, and local laws. State law requires that cannabis and cannabis related waste products are properly disposed of through a qualified vendor. California City Municipal Code mirrors the same requirements; as such, operators of cannabis cultivation facilities will be required to contract with a qualified disposal service to effectuate the necessary disposal in compliance with state and local laws.

In addition, other hazardous waste materials, requiring special handling and disposal, must comply with applicable Cal-EPA, Cal-OSCHA, and MSDS protocols12 to reduce their potential to damage public health and the environment. Manufacturer's specifications also dictate the proper use, handling, and disposal methods for the specific substances. Construction of the project is expected to involve the temporary management and use of potentially hazardous substances and petroleum products. The nature and quantities of these products would be limited to what is necessary to carry out construction of the project. Some of these materials would be transported to the site periodically by vehicle and would be stored in designated controlled areas on a short-term basis. When handled properly by trained individuals and consistent with the manufacturer's instructions and industry standards, the risk involved with handling these materials is considerably reduced.

To prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources will be regulated through the implementation of control measures required in the Stormwater Pollution Prevention Plan (SWPPP) for the project. The SWPPP requires a list of potential pollutant sources and the identification of construction areas where additional control measures are necessary to prevent pollutants from being discharged. Best Management Practices (BMPs) are necessary for Material Delivery and Storage; Material Use; and Spill Prevention and Control. These measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction.

For example, all construction materials, including paints, solvents, and petroleum products, must be stored in controlled areas and according to the manufacturer's specifications. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts to the public and environment.

Implementation is ensured through the filing of a Notice of Intent (NOI), with the State Regional Water Quality Control Board – Region 5F and the production of a SWPPP to be reviewed and approved by the City’s Public Works Department. With such standard measures in place, less than significant impacts are anticipated during construction.

According to the Kern County GIS Database, review of the Project materials, and the School District website, there are no existing or planned schools located within a ¼ mile of the Project site. Through the construction process, the Project will not create, store, or transport any hazardous materials.

Implementation Measure S-7, within the California City's General Plan states that the City shall 12 California Environmental Protection Agency (Cal-EPA); California Occupational Safety and Health Agency (Cal-OSHA); Material Data Safety Sheet (MSDS)
124 - 295 February 13, 2024
require commercial and industrial businesses to meet the procedures for the proper transport, use, storage, and disposal of hazardous waste as required by the Kern County Waste Management Department, the California City Fire Department, and Kern County Department of Environmental Health Services. Additionally, the California City Fire Department shall require a detailed chemical inventory in accordance with the fire code to determine the hazards and classifications of the materials used in the proposed cannabis cultivation facility. Less than significant impacts related to the routine transport, use or disposal of hazardous materials are expected.

The proposed zoning classification provides for the cultivation of commercial cannabis within an area that is naturally segregated from residential neighborhoods or other densely populated land uses. As such, the surrounding land uses constitute land that is primarily vacant. As previously discussed, the Project is not expected to handle any significant quantities of hazardous materials. Any other use of potentially hazardous substances, is expected to occur in small quantities and managed on-site with the proper containment and facilities, as required by the fire department and other applicable industry standards. The General Plan Safety Element addresses safety within the City through goals, policies, and implementation measures that seek to reduce the potential for the loss of life, injuries and property damage associated with natural and human-induced hazards. California City is served by a single Fire Department and Police Department within their City boundaries. The California City Fire Department is located at 20890 Hacienda Boulevard, approximately 4.1 driving miles southeast of the Project site. The California City Fire Station is staffed by three full-time fire fighters on a 24-hour basis, including a captain, engineer, and fire fighter; however, the Fire Department is designed to be staffed by nine fire fighters. The California City Fire Station has two part-time, seven reserves, and five Fire Department Volunteer positions that City Council has authorized. The fire department is equipped with one wildland patrol unit, one wildland/interface engine, one water tender, and two full-sized fire engines. In addition to fire suppression, additional services the department provides includes Paramedic Advanced Life Support, fire prevention, public education, fire hydrant maintenance, hazardous materials response, nuisance abatement, flood response and aircraft crash and arson investigation. According to the National Fire Protection Association (NFPA), the recommended dispatch-to-arrival time is five (5) minutes, on 90-percent (%) of calls. The California City Fire Department has mutual aid agreements with the Kern County Fire Department, the East Kern County Fire Department, and the Bureau of Land Management. Police protection services within the City are provided by the City's Police Department, located at 21130 Hacienda Boulevard, approximately six (6) driving miles southeast of the project site. The Kern County Coroner's services are provided through the County by the Sheriff's Department and the court system and jails are operated and maintained by Kern County.

The project site proposes improvements to CCB (include a newly proposed curb-and-gutter) and accessing the project site from either CCB or the future extension of CCB Improvements also included paved access, along CCB, to the commercial cannabis facility. Primary access intends to be located on the northerly portion of the property, via CCB. The conceptual site plan configuration includes fire truck accessible drive aisles and a two-way driveway to ensure adequate emergency response access onsite. The proposed design would be subject to a standard review process by the Fire Department to ensure that the site-specific emergency access, water pressure, and other pertinent criteria are met by the project. Less than significant impacts are expected.

Toxic cleaning compounds, sanitizing agents, solvents, and potentially flammable materials may also be involved within the proposed facilities. The use of these products would also be subject 125 - 295 February 13, 2024
to the manufacturer's specifications, as well as local, state, and federal regulations that would help protect against accidental release, explosive reactions, injury, and contamination. The project operator would be required to provide the proper storage facilities and containers designed to protect and isolate these substances, therefore minimizing the threat to the public or the environment. Facility employees shall be trained on safety rules to prevent personal or public risk.

Solid waste produced by the project will be stored in a designated staging area with enclosures and less than significant impacts are expected.

The California City Municipal Airport, located north of the project property, spans over 200-acres within the City. The Kern County Airport Land Use Compatibility Plan maps five zones; related to noise and safety levels, for each airport under their jurisdiction. According to this Plan, the Project site is not located within any compatibility zone of the California City's Airport Compatibility. The Kern County Airport Land Use Commission does not hold any restrictions on the height of buildings, structures, appurtenances, plants, and trees above ground level which area in place to prevent a hazard to the safe landing or take-off of aircrafts. In addition, the Project is located outside of the 65 CNEL noise contour zone. According to the 2011 Kern County Airport Land Use Compatibility Plan the project is located outside of the Airport Influence Area (AIA) of the California Municipal Airport, therefore the project does not present an inconsistency with the prescribed land uses already determined to be compatible with the Airport’s CLUP.

The project is not subject to the Airport AIA as it is located outside of the influence area. Less than significant impacts are anticipated. The project is not located in the vicinity of a private airstrip. No impacts are anticipated.

The California City General Plan indicates that major wildland fires are uncommon within the City area due to the vegetation type, the sparseness of the vegetation and the lack of available ground fuel.

According to Chapter 8, of the SHMP, the Project, and its surroundings, are located outside of the Very High and High Fire Hazard Severity Zone (FHSZ) for Local Responsibility Area and outside of the Very High/High/Moderate FHSZ for State and Federal Responsibility Areas.

As mentioned previously, the California City Fire Department is located at 20890 Hacienda Boulevard, approximately five driving miles southeast of the project site. Additionally, the City has a mutual aid agreement with Kern County Fire Department, the East Kern County District Fire Department, and the Bureau of Land Management. Less than significant impacts related to wildland fire are expected.

Mitigation:

HAZ-1: The project operator would be required to provide the proper storage facilities and containers designed to protect and isolate these substances, therefore minimizing the threat to the public or the environment. Facility employees shall be trained on safety rules to prevent personalor public risk. Solid waste produced by the project will be stored in a designated staging area with enclosures and less than significant impacts are expected.

HAZ-2: Per the Compliance Guidelines of the Lahontan Regional Water Quality Control Board, the Project will disturb more than one (1)-acre and will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) which will establish Best Management Practices (BMPs) for erosion control.

The Project is also required to comply with AQMD Rule 1466, which also requires dust control measures.

Monitoring: No Monitoring Necessary
126 - 295 February 13, 2024

14. HYDROLOGY AND WATER QUALITY Would the Project
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially degrade surface or groundwater quality?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge such that the project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on-or
offsite.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor offsite. iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources or polluted runoff; or
iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of water
quality control plan or sustainable groundwater management plan?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; General Plan Safety Element; Chapter 8 – State Hazard Mitigation Plan (SHMP), Project Materials. a– f) Findings of Fact: The proposed project is located within the Fremont Hydrologic Unit of the South Lahontan Basin in the Lahontan Region 6V13. Within Region 6V, the approved Water Quality Control Plan, prepared by SWRCB, provides guidelines for protecting the beneficial uses of state waters within the Region by preserving and protecting their water quality. The project site is located within the Fremont Hydrologic Unit. The receiving water is the Kohen Dry Lake. Beneficial uses of Kohen Lake includes municipal and domestic supply, agricultural supply, industrial process supply, industrial service supply, groundwater recharge, water contact recreation, noncontact water supply, warm freshwater habitat, Inland saline water habitat and wildlife habitat.

According to the California City 2009 General Plan Final Environmental Impact Report (SCH # 1992062069), the only named blue line stream is identified as Cache Creek, which runs through California City from the west towards the northeast, and eventually terminates just south of the Koehn Lakebed outside of the City boundary. Cache Creek lies approximately 8-miles south of the project property, and Koehn Lakebed is approximately 26-miles northeast of the project site. The nature and 13 https://www.waterboards.ca.gov/waterboards_map.html
127 - 295 February 13, 2024
size of the proposed development prompts compliance requirements with the existing regulations pertaining to water quality standards and waste discharge requirements.

The proposed project will result in temporary and permanent disturbance in an area that nearly encompasses one acre in gross area. As a precautionary measure, the developer will comply with the State's most current Construction General Permit (CGP). Compliance with the CGP involves the development and implementation of a project-specific Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts to surface water quality during the period of construction.

The required plan will identify the locations and types of construction activities requiring Best Management Practices (BMPs) and other necessary compliance measures to prevent soil erosion and stormwater runoff pollution. The plan will also identify the limits of allowable construction-related disturbance to prevent any off-site exceedances or violations.

During construction, the project will also be required to comply with the Eastern Kern Air Pollution Control District (EKAPCD) Rule 402, which requires the project property to implement fugitive dust emission control strategies. Implementation of the control strategies primarily pertains to air quality, but also supports water quality protection through the requirement of soil stabilization measures to prevent sediment erosion and track-out. The concurrent implementation of the required SWPPP and fugitive dust emission control strategies will prevent the potential construction-related impacts to water quality at the site and its surroundings, therefore resulting in less than significant impacts.

The project will be designed with on-site stormwater detention facilities that, during the life of the project, will comply with the City's drainage requirements by preventing site discharge and transport of untreated runoff. The project will be required to comply with the most current State standards, as well as the standards outlined in the City of California City Urban Water Management Plan and the Water Quality Control Plan for Lahontan Region (Region 6V). Per the project-specific Final Hydrology Report, current drainage requirements for this project fall under the jurisdiction of the City of California City, which requires the entirety of the storm water from the 30-year, 5-day storm to be retained onsite. The site plan, grading design, storm drain design, and retention facilities of the project must be factored in the project specific WQMP development and documentation. Runoff from the impervious surfaces (buildings, hardscape, and pavement) of each drainage management area will be conveyed via surface and piped flows to either corresponding underground retention chambers or retention basins. Each of the retention basins and underground facilities will be sized to retain the incremental increase between the pre-development and post-development volume per City requirements.

As proposed, the stormwater retention and management strategy are required to comply with local and regional requirements for protecting surface water quality and preventing waste discharge violations.

Less than significant impacts are expected. According to the California City Water Master Plan, California City obtains its water from five groundwater wells and an imported surface water supply from the Antelope Valley-East Kern Water District (AVEK). As previously mentioned, the Project is located within the Fremont Valley Groundwater Basin (FVGB). Historic water levels of groundwater wells between 1955 and 1958 indicates that the FVGB is a closed groundwater basin (without subsurface outflow). Long term groundwater level data obtained from the USGS Ground Water Data water levels indicated the groundwater levels in the FVGB have declined significantly since 1955, probably due to the prolonged drought period from 1945 to 1964 and excessive groundwater extraction in the FVGB in the late 1950s, 1960s and 1970s. The most important storage system is the groundwater aquifer, which 128 - 295 February 13, 2024
holds water at a depth of approximately 384.7 to 482.7-feet below ground surface and has slightly risen since 1983.

According to the California City General Plan, the City primarily relies on underground water supplies.

Groundwater wells in California City produced over 93-percent (%) of the water supply in 2000 to 2001.

Per the Urban Water Management Plan, potable well number 14 is the closest facility within the vicinity of the project site and is located at 22000 Mendiburu Boulevard less than one mile to southeasterly of the Project site. According to the General Plan, future water demands will be met by the construction of five new water wells and through additional groundwater purchases within the Antelope Valley-East Kern Water (AVEK) District.

The California City Municipal Code also outlines the importance of water conservation (California City Municipal Code Chapter 1, Article 4, Section 7-1.431). Within this code, the City states that water conservation is a goal of high importance in order to be consistent with State of California and City legal responsibilities to the utilization of water resources. All irrigation within the City complies with the State Model Water Efficiency Landscape Ordinance (MWELO) and City Municipal Code that implement water efficiency standards. Additional conservation efforts include the use of drought tolerant landscaping, and new, low flowing plumbing fixtures. Water conserving fixture installations shall be subject to compliance inspection, prior to issuance of final occupancy permits, for the industrial facility.

Given the use, and projected low water and wastewater demands, the Project not expected to interfere with groundwater recharge conditions. The project includes both underground retention facilities and retention basins, designed to collect and provide sufficient storage for the 30-year and 5-day storm event. This method of stormwater management will therefore facilitate groundwater recharge through infiltration. Infiltration opportunities are also provided in the form of BMPs and pervious cover areas in and landscaping design within sufficient densities that will mitigate excess evaporation and evapotranspiration.

The general vicinity surrounding the Project area also includes undeveloped properties with relatively flat topography and scattered vegetation, similar to that found on the Project site. The local hydromorphology is influenced by the presence of intermittent surface drainages originating from the mountains to the west and carrying flows predominantly in a northeasterly direction toward the valley floor.In particular, the project setting is located between the Cache Creek and Koehn Lakebed. Cache Creek is located approximately four miles upstream of the project,and Koehn Lakebed is approximately 19 miles northeast of the project site.

The Project is primarily located primarily within a Zone X FEMA designation, defined as areas determined to be outside the 0.2-percent (%) annual chance floodplain. The current Zone X designation encompasses a majority of the City's undeveloped and developed properties. Project implementation would involve permanent site improvements introducing impervious surfaces in the form of buildings, paving, and hardscape to the previously undeveloped (pervious) land. The size and scope of the Project dictates a low impact development site plan, which does not utilize the entire property to accommodate the proposed facilities and operations through the construction of buildings, parking lot, drive aisles, etc. Portions of the site, located within Zone A, will be avoided on the implementing site plan to avoid the preparation of a FEMA floodplain map revision. As a result, opportunities to minimize imperviousness through the use of landscaping, natural areas or other pervious surfaces are ample and are subsequently integrated into Project site plan. To prevent changes to local drainage conditions (patterns, quantities, or velocities) and adverse erosion and 129 - 295 February 13, 2024
sedimentation impacts, the Project will implement a storm drain design with flood control facilities sized to handle the project-specific conditions.

The proposed grading and hydrology improvement plans will be subject to review and approval by the City to ensure that the proposed grading and drainage conditions are acceptable to the City standards.

As a result, following implementation of an approved grading plan, the project is not anticipated to alter any local drainage course, stream or wash in a manner that would result in erosion or siltation on- or off-site. Following the standard regulations and project design features, less than significant impacts are expected related to the existing drainage patterns and erosion or siltation conditions. A riverine, as defined by the National Wetlands Inventory, includes all wetlands and deepwater habitats contained within a channel, except for: wetlands dominated by trees and shrubs, and habitats with water containing ocean derived salts of 0.5 ppt or greater. However, the intermittent riverine is not considered waters of the United State because it does not connect to another source of water and furthermore is not connected with the Project site.

The proposed project would introduce impervious surfaces (hardscape, asphalt, rooftops, etc.) to a presently undeveloped (pervious) ground condition. In particular, the Project anticipates developing over 50-percent (%) of the project site with impervious materials and coverage. This conversion would typically result in a site-specific increase in the rate and quantity of surface runoff. To manage this onsite condition, the project includes a proposed storm drain design (subject to approval by the City Engineer) with surface and piped conveyances draining into retention basins and underground retention structures. The retention basins and facilities will be required to incorporate a capacity to accept and infiltrate the worst-case increase in runoff volume for the 30-year and 5-day storm event.

Furthermore, the project involves street improvements including curb and gutter at the CCB. frontage.

This aspect of the Project will introduce engineered surface stability to the previously unimproved road shoulders by intercepting and properly conveying off-site flows toward the existing and future street improvements. Less than significant impacts are expected.

The Project includes stormwater capture, detention, and on-site treatment that will prevent any substantial increase in the rate, velocity, or quantity of runoff generated from the Project as compared to the existing undeveloped, and pervious, site condition. Runoff, from the Project, that exceeds the 30-year, 5-day storm runoff volume for post-development conditions will discharge from the site in a way that perpetuates the existing drainage condition, which flows off-site to the northeast. The project includes approximately less than half-acre of proposed structures, driveways, parking, and hardscape (impervious areas) and approximately a quarter-acre of proposed landscape or open space (pervious areas). Runoff will be conveyed primarily via surface flows through biofiltration BMPs and eventually to storm drain inlets with inlet filters. The runoff will subsequently be directed to the detention basins or carried via proposed piped flow to the corresponding underground infiltration structures located under the drive aisles. The City will require that BMPs be incorporated into a Final WQMP, to be reviewed and approved by the City.

Through this required compliance, the project will prevent impacts to the local receiving waters and avoid violations to the established water quality standards and waste discharge requirements. Less than significant impacts relative to the substantial degradation of water quality are expected.

The Federal Emergency Management Agency (FEMA) evaluates potential flood hazards for the City.

The FEMA Flood Insurance Rate Maps (FIRMs) serve as the basis for identifying those potential 130 - 295 February 13, 2024
hazards and determining the need for and availability of federal flood insurance. According to FIRM panel 06029C-3310E, the northerly portion of the project is located within Zone X, identified as areas determined to be outside the 0.2% annual chance floodplain. However, a narrow portion of the southerly half of the parcel is impacted by FEMA flood zone “A”. Development proposed within areas of known flood hazards are required to verify the existence of the flood area, through HEC-RAZ modeling based upon updated topographical investigation. The boundaries of the flood plain are either confirmed, modified, or removed altogether. In either case, a Conditional Letter of Map Revision (CLOMAR), and ultimately a Letter of Map Revision (LOMAR) is required for submittal, review, and concurrence by FEMA. Once confirmed, the Flood Hazard Insurance Rate Maps are revised, per the LOMAR.

Less than significant impacts are expected.

Improvements within the areas of flood hazards are required to utilize fill dirt and raise the existing grade at least one-foot above the flood plain elevation, as determined by the aforementioned modeling.

Furthermore, concrete foundations are required to be at-least twelve (12) inches above the proposed fill elevation. The project is not located near an existing levee or dam; therefore, no impacts are expected pertaining to this topic.

Less than significant impacts are expected.

The project site is not located near a body of water that would pose potential seiche or tsunami impacts.

The project site is underlain by Hydrologic Soil Type "C", which is characterized for having a slow infiltration rate when thoroughly wet. Type "C" soils consist chiefly of moderately deep or deep, moderately well drained, or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. With the relatively shallow gradients that characterize the vicinity, the erosive nature and mudflow potential is reduced. As stated previously, the proposed site plan includes retention facilities sized to contain the 30-year, 5-day storm runoff volume for post-development conditions. Only flows in excess of the project's retention requirements would be allowed to exit the project area, therefore, less than significant impacts are expected.

The project site is not located near a body of water that would pose potential seiche or tsunami impacts.

The project site is underlain by Hydrologic Soil Type "C", which is characterized for having a slow infiltration rate when thoroughly wet. Type "C" soils consist chiefly of moderately deep or deep, moderately well drained, or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. With the relatively shallow gradients that characterize the vicinity, the erosive nature and mudflow potential is reduced.

As stated previously, the proposed site plan includes retention facilities sized to contain the 30-year, 5- day stormrunoff volume for post-development conditions. Only flows in excess of the project's retention requirements would be allowed to exit the project area, therefore, less than significant impacts are expected.

Mitigation:

HYD-1: The Project shall prepare and submit a Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP) prior to the issuance of the first grading permit.

Monitoring: The City’s Public Works Department will enforce and monitor these mitigation measures. 131 - 295 February 13, 2024
LAND USE/PLANNING Would the Project

18. Land Use
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028 Findings of Fact: The proposed project site sits on 31.59-acres of vacant desert land, located at the southerly of CCB. The Project is further located approximately 2-miles easterly of the SFRR. The project proposes to construct a 258,600 SF industrial, and manufacturing uses facility on property zoned Light Industrial (M-1). The Project proposal is consistent and authorized by Title 5: Chapter 6 and Title 9: Chapter 29, and the M-1 Zoning District. The Project includes industrial and manufacturing uses; pursuant to the authorized uses set forth in the M-1 zone. As such, the Project is consistent with the planned zoning and land use patterns of the property and its surrounding property conditions, subject to the adoption of a Zone Change.

The Project proposes industrial and manufacturing uses, which is consistent with the M-1 Zoning District. The surrounding zones are OR/A to the north, south, and east. The M-1 zone is located to the north. The Project is designed to reduce impacts upon future sensitive receptors. As such, impacts to the surrounding zoning patterns remain enacted. Furthermore, the Project is consistent with the existing and surrounding land uses as it implements the designated land use of Light Industrial. For example, the Project implements Chapter 2–Land Use Elements describes the existing and future setting of the City and provides guidelines for the management and growth of commercial and industrial land uses.

The surrounding land use patterns are compatible with the proposed Project, as directed by Industrial Policy No. 3, which encourages new industrial development to locate adjacent to existing industrial uses along major corridors such as Mendiburu Road.

The Project site is a legal lot consisting of four APNs, all with M-1 zoning and is surrounded on all sides by sites with M-1 zoning, and therefore will not divide an established community. There are no patterns in the project vicinity that would be divided by the proposed project. Therefore, no impacts relative to the division of an established community is expected. The Project site is not located within a uniquely establishment community or area of interest.

The Project does not conflict with the City’s General Plan, including its land use designation and associated land use policies. The Project does not conflict with the adopted Air Quality Management Plan, or other adopted plan or policy that will impact the Project site or the surrounding environment.

No impacts are anticipated to land use or planning zoning or land use standards.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary
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MINERAL RESOURCES Would the Project

22. Mineral Resources
a) Result in the loss of availability of a known mineral resource that would be of value to the region or the residents of the State?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; General Plan Open Space and Conservation Element; Chapter 5; Figure 5-3: Mojave Desert Designated Areas Map; Project Materials.

Findings of Fact: According to Chapter 5, of the California City General Plan, there are no mineral resources within the City’s General Planning Area. In the eastern portion of the Mojave Specific Plan, it contains areas with mineral resources consisting of several gravel pits. In the western portion of the North Edwards Specific Plan is a mineral extraction owned by Rio Tinto (Borax) Mine that is the world’s largest sodium borate deposit. This includes the world’s largest open pit borax mining operation (more than 600 feet deep) near the community of Boron.

According to the California Geological Study (CGS) Mineral Land Classifications, no areas, or sites of mineral resource and/or SMARA study areas exist on, or within the vicinity, of the Project site. The property is not listed as an active or historical mineral resources mine. In addition, the Project site is not located within an active or potential area of aggregate extraction pursuant to Map Sheet 52, which was updated in 2018 providing guidance on aggregate sustainability areas within the state.

The nature of the project does not involve the extraction of mineral deposits. Construction of the proposed cultivation and processing facility would rely on existing local and regional aggregate resources from permitted facilities within the region. The project is not expected to result in a considerable extraction and/or loss of known mineral resources that are considered important to the region or residents of California. Additionally, there are no specific known mineral resource deposits or. facilities on or near the project. No impacts are expected related to the loss of availability of known mineral resources. As previously discussed, there are no mineral resources within the City of California City. The closest mineral resource to California City is in the City of Mojave, approximately 30-miles southwest of the project site. As determined in the previous discussion, the project site is located within an area that is not designated, has not been evaluated or studied, and is not historically known to contain mineral and/or aggregate deposits of value. This zone designation applies to areas of no known mineral occurrences where geologic information does not rule out either the presence or absence of significant mineral resources. Overall, the Project site is not recognized as a mineral resource recovery site delineated in the City of California City General Plan or the resource maps prepared pursuant to SMARA.14 No impacts are expected.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary
14 Department of Conversation, “Mines Online” (https://maps.conservation.ca.gov/mol/index.html). Accessed February 6, 2023. 133 - 295 February 13, 2024
NOISE Would the Project result in

23. a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the vicinity or the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies?
b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people be residing or working in the project area to excessive noise levels?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; Kern County General Plan; Kern County Development Ordinance; California City Airport Master Plan and Airport Land Use Compatibility Plan.

Findings of Fact: The project site shall comply with the property development standards outlined in the California City Municipal Code for commercial cannabis cultivation and manufacturing facilities.

The Project is not located within the Airport Land Use Plan (ALUP) of the California Municipal Airport.

Impacts from aircraft noise will not have an impact. Therefore, impact is anticipated to the airport operations. Therefore, less than significant impacts are anticipated.

The Project is not located near (or within the vicinity) of any railroad or rail spur. As such, no impact is anticipated to occur. The property is not located near, or within the vicinity, of a major highway. The City’s Planning Area is particularly bounded by the State Highway 58, along its southern boundary and State Highway 14 as well along its western boundary. These highways are not located close enough to impact future patrons or employees of the Project. The property is not located near (or within the vicinity) of another major source of noise. The City’s Planning Area is particularly bounded by the State Highway 58, along its southern boundary and State Highway 14 as well along its western boundary. These highways are not located close enough to impact future patrons or employees of the Project.

Noise is defined as unwanted sound that disrupts normal activities or that diminishes the quality of the environment. It is usually caused by human activity that adds to the existing acoustic setting of a locale. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB).

The human ear does not respond uniformly to sounds at all frequencies, being less sensitive to low and high frequencies than to medium frequencies that correspond with human speech. In response to this, the A weighted noise level or scale has been developed to correspond better with peoples' subjective judgment of sound levels. This A-weighted sound level is called the "noise level" referenced in units of dB(A).

Land uses determined to be "sensitive" to noise as defined by the Kern County General Plan (KCGP)15 include residential areas, schools, hospitals, parks, and recreational areas, senior centers, and churches. The KCGP Noise Element sets a sixty 60-decibel dB(A) limit on exterior noise levels from stationary sources (i.e., non transportation sources) at sensitive receptors. With the exception 15 Kern County General Plan, Kern County Planning Department. 2700 “M” Street, Suite 100. Bakersfield, CA 93301 (https://psbweb.co.kern.ca.us/planning/pdfs/kcgp/KCGP_Complete.pdf). Accessed February 6, 2023. 134 - 295 February 13, 2024
of periodic noise release from the California City Airport, the ambient noise level can be anticipated to occur below the maximum threshold established by City Ordinance. The Noise Control Ordinance in the Kern County Code of Ordinances (Section 8.36.020 et seq.) prohibits a variety of nuisance noises between the hours of 9 PM and 6 AM on weekdays and 9 PM and 8 AM on weekends. The future marijuana-related facilities would adhere to the provisions of the Kern County Noise Ordinance under both proposed project alternatives. In evaluating human response to noise, acoustical analysis compensates for the response of people to varying frequency or pitch components of sound. The human ear is most sensitive to sounds in the middle frequency range used for human speech and is less sensitive to lower and higher-pitched sounds. The “A” weighted scale, abbreviated dB(A). The noise exposure information developed during the preparation of the Noise Element does not include all conceivable sources of industrial, commercial, or agricultural noise within the City, but rather focuses on the existing sources of noise which have been identified by the City as being significant. Section

19.04.252 in Kern County Zoning Ordinance defines exterior noise levels as "the noise level near the exterior of a structure usually within 50-feet of the structure. Kern County has implemented standards for sensitive areas for new projects, where in those sensitive areas outdoor noise levels are to be mitigated to below or 65 dB Lin and similarly 45 dB(A) or below in interior residential or inside other sensitive interior spaces.

The City of California City has the authority to establish land use noise standards and corresponding restrictions under the City's Noise Ordinance. A range of noise standards apply to different receiving land uses based on sensitivity and compatibility. In general, land uses with a higher sensitivity to noise (residential, schools, libraries, churches, hospitals, nursing homes and recreation) are assigned lower ambient noise thresholds than land uses deemed less sensitive (industrial and commercial). According to the Government Code, noise exposure contours should be developed in terms of the Day-Night Average Level (Ldn) or Community Noise Equivalent Level (CNEL) for transportation-related noise sources. These descriptors represent the weighted energy noise level for a 24-hour day after inclusion of a 30dB(A) penalty for noise levels occurring at night between the houses of 10:00 p.m. and 7:00 a.m. The CNEL descriptor includes a penalty of about 4.8 dB(A) for noise levels occurring during the evening hours 7:00 a.m. and 10:00 p.m. The CNEL explanation was developed for the quantification of aircraft noise, and its use is required when preparing noise exposure maps for airports within the State of California.

The Noise Element of the City's General Plan identifies vehicular traffic as the principal source of noise in the community. The General Plan Area is particularly reasonably close to State Highway 58, along its southern boundary and State highway 14, and the SFRR to the west. The project property is currently vacant with vacant commercial lands, industrial and manufacturing uses to the west and northwest. The Project proposes to construct a 258,600 SF commercial cannabis operation, including cultivation, manufacturing, and distribution. The anticipated noise impacts, from such an industrial and manufacturing use, will not exceed the evaluated noise generation factors established within the commercial land use.

Section 19.80.030.1 within Kern County Zoning Ordinances restricts noise generated by commercial or industrial uses within 500-feet of a residential use or residential zone district. The Project will not generate noise that exceeds an average 65 dB/Ldn between the hours of 7 AM and 10 PM and shall not generate noise that exceeds 65 dB/Ldn, or which would result in an increase of 5 dB(A) or more from ambient sound levels, both are superior, between the hours of 10 PM and 7 AM. 135 - 295 February 13, 2024
As discussed previously, the Project is surrounded entirely by Open Space zoning. The Project is designed to reduce impacts upon adjacent sensitive receptors, within these residential neighborhoods, by complying with the minimum 200-foot setback between cannabis cultivation buildings and existing residential zones. No sensitive species or residential properties or units are located within a ¼ of the Project.

Construction-related Noise:

The construction activities of the Project are expected to generate short-term noise increases compared to the existing levels. A temporary incremental increase in noise levels along local roadways is expected to occur during the transport of workers and equipment to and from the site.

Noise increases will also be generated by the actual on-site construction activities, which based on location and context, will occur within 500-feet of existing residential zoning and occupied units. As such, it is important to acknowledge and disclose the maximum noise levels generated from all possible stationary construction sources.

Below is a table that identifies the accepted stationary noise level impacts that result from construction related activities:

THIS SECTION LEFT INTENTIONALLY BLANK
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Based upon this, which is generated from the FHWA Construction Noise Model User’s Guide (2006), the loudest source of construction noise is 80 dBA, Lmax. The shortest distance from the project’s construction activity to the nearest residential property (APN: (302-310-16) located about 1,340-feet, which is adequate to mitigate construction sound impacts. The noise levels are measured at 50-feet and sound dissipates pursuant to the inverse square law; for which it can be shown that for each doubling of distance from a point source, the sound pressure level decreases by approximately 6 dB.

Notwithstanding the ambient noise level currently being generated from this segment of CCB., the sound attenuation from the point source emitter is calculated by the formula Lp(R2) = Lp(R1) - 20·Log10 (R2/R1). This results in an unmitigated annenuated sound pressure ((dB(A)) of 83.15, at the property line of the adjacent residential zone. City ordinance limits the maximum noise level, in residential zones, to a maximum of 65 dB(A), at the property line and a maximum interior noise level of 45 dB(A). This results in an excess of approximately 18 dB(A); however, it is important to account for the noise attenuation characteristics of the residential home construction.

Therefore, we can reasonably assume that standard building construction in warm climate area such as southern California offers an exterior-to-interior attenuation rate of 12 dB(A). Taking the more conservative approach, between 20 dB(A) and 12 dB(A) the highest level of stationary construction equipment noise is 90 dB(A), at a maximum of 50-feet, this results in a maximum noise level of 71.15 137 - 295 February 13, 2024
dB(A), which is in excess of the allowable interior noise level by approximately 27 dB(A) above the maximum base ambient noise level allowed. With the incorporation of a temporary construction noise barrier that complies with the FHWA Noise Barrier Design Handbook.

Any new construction required for a future cannabis facility would generally occur during daytime hours, typically from 6 AM to 6 PM; however, the Kern County Noise Control Ordinance (Title 8 of the Kern County Code of Ordinances) limits all construction activities to take place between 6 AM and 9 PM, Monday through Friday, and between 8 AM and 9 PM on Saturdays and Sundays. If construction work is performed between dusk and 9 PM or dawn and sunrise (approximately 6 AM), construction crews would use minimal illumination to perform the work safely. California City Noise Ordinance Section 5-1.406 interior noise standards for Residential zones states that between the times of 10:00 p.m. to 7:00 a.m., the allowable interior noise level at 45 dB(A) and 55 dB(A) between 7:00a.m. and 10:00 p.m.

During construction, the Project is also expected to follow common industry standards that will help limit noise level increases. For example, all construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers and the engines should be equipped with shrouds. Approved haul routes shall be used to minimize exposure of sensitive receptors to potential adverse levels from hauling operations. Truck haul routes are anticipated to include service from CCB., in a westerly direction, then traveling north along CCB and then accessing the site through CCB. All construction equipment shall be in proper working order and maintained to reduce backfires.

The construction activities of the Project are expected to generate a short-term noise increases compared to the existing levels. Two types of noise impacts are anticipated during future construction activities. First, the transport of workers and equipment to the site would incrementally increase noise levels along the local roadways leading to and from the site.

Operational-related Noise:

During the life of the Project, all industrial and manufacturing operations will be conducted in the interior of enclosed structures, facilities, and buildings, as mandated by the local zoning ordinance.

All cultivation and processing operations, including materials management, will occur indoors and within the fenced limits. Outdoor activities will be limited. These include vehicular access and circulation in the Project's parking lot and drive aisles; access to the trash enclosures for waste management (disposal and pick up); access to the outdoor utilities for maintenance purposes (e.g. chillers, septic or sewer systems, storm drain system components). While the Project would result in an increase in noise levels compared to the existing undeveloped condition, the nature and intensity of operations that would occur in the proposed structures are not expected to result in the generation of noise levels that would surpass the community noise and land use compatibility standards. The Project is expected to result in an incremental increase in traffic-related noise levels on the local roadways and less than significant impacts are expected.

Vibration is defined as the mechanical motion of earth or ground, building, or other type of structure, induced by the operation of any mechanical device or equipment located upon or attached to.

Vibration generally results in an oscillatory motion in terms of the displacement, velocity, or acceleration of the ground-or structure(s) that causes a normal person to be aware of the vibration by means such as, but not limited to, sensation by touch or visual observation moving objects. 138 - 295 February 13, 2024
Groundborne vibration, also referred to as earth borne vibration, can be described as perceptible rumbling, movement, shaking or rattling of structures and items within a structure. Groundborne vibration can generate a heightened disturbance in residential areas. These vibrations can disturb residential structures and household items while creating difficulty for residential activities such as reading or other tasks. Although, groundborne vibration is sometimes perceptible in an outdoor environment, it is not a problem as it is when this form of disturbance is experienced inside a building. Groundborne vibration can be measured in terms of amplitude and frequency or vibration decibels (VdB). Trains, buses, large trucks, and construction activities that include pile driving, blasting, earth moving, and heavy vehicle operation commonly cause these vibrations. Other factors that influence the disturbance of groundborne vibration include distance to source, foundation materials, soil, and surface types.

The Project is surrounded by vacant land and is separated from the nearest existing residential uses by a minimum distance of approximately one half mile directly to the northwest. The existing source of groundborne vibration is attributed to daily traffic volumes along CCB. Construction of the Project is expected to involve the temporary use of vehicles and equipment that would result in shortterm groundborne vibration increases within the permitted construction hours established by the City. During the life of the Project, all routine operations will occur within the proposed structure and during the permitted hours of operation, as mandated by the county ordinance and conditioned by the City. The routine operation of vehicles accessing the Project would cause an incremental increase in groundborne vibration, but not in levels that would be deemed inconsistent with the existing industrial setting or excessive in nature, such that would impact residential uses. Less than significant impacts related to excessive groundborne vibration noise levels are expected. The primary permanent noise sources will be vehicles traveling to and from the site and grounds maintenance equipment. The vehicle mix will be comparable with existing vehicles on surrounding roads. The proposed project is not expected to result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Noise generated by vendors, visitors and employees is expected to be consistent with noise levels at any Light Industrial/Research development and will not exceed county standards. Project-related vehicles will be consistent with vehicles already using area roadways.

The Project property and most of its surroundings are undeveloped. Therefore, this setting does not represent an existing source of ambient noise. The Project site is not located adjacent to or within proximity to any residential land uses or other sensitive receptors. Noise resulting from the Project operations is anticipated to be largely contained in the proposed structures, while noise resulting from traffic noise caused by the Project is not expected to substantially increase the current ambient levels in a way that would impact sensitive receptors. Less than significant impacts related to permanent increase in ambient noise levels are expected.

Two types of noise impacts should be considered during the construction phase. First, the transport of workers, equipment, and building materials to and from the construction site will incrementally increase noise levels along the roadways leading to and from the site. Second, the noise generated by the actual on-site construction activities should be considered. The increase, although temporary in nature, could be audible to noise receptors located along the roadways utilized for this purpose. High noise levels would also result from all construction activities, whether associated with specific facilities on specific sites, or with the extension pipelines to and from these sites. 139 - 295 February 13, 2024
Most of development in the City has occurred within the central core. An area comprising approximately twelve sections of land (7,680 acres) in the southwest portion of the land area within the City's corporate limits. The remaining development in the City has occurred in the northeastern portion; an area located about twelve miles northeast of the central core along Twenty Mule Team Parkway and Randsburg Mojave Road. The project is located approximately 25-miles west of Twenty Mule Team Parkway and approximately 19-miles from Randsburg-Mojave Road. The City’s General Plan Land Use Element includes a summary of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan.

The proposed cultivation and processing site will produce a temporary and intermittent increase in ambient noise levels during construction. During Project site preparation, grading and construction, the contractors will be expected to utilize properly maintained construction equipment consistent with the manufacturer’s standards. Construction activities are required to take place within the designated hours established by standards of California City. Less than significant impacts related to temporary or periodic ambient noise levels are expected.

The Project is not located within the Airport Land Use Plan (ALUP) of the California Municipal Airport.

Impacts from aircraft noise will not have an impact.

Mitigation:

Pursuant to CCMC, Article 4. – Noise and Vibration, the following mitigation is applied:

NOI-1: On-site noise generating construction and demolition activities shall be restricted to the hours of 7:00 a.m. to 8:00 p.m. Exceptions require that a permit be obtained beforehand from the Permits and Licenses Committee of the City.

NOI-2: The construction contractor shall ensure that all powered construction equipment shall be equipped with appropriate mufflers. The construction contractor shall ensure that all equipment is properly maintained to prevent additional noise due to worn or improperly maintained parts. The construction contractor shall use quieter equipment as opposed to noisier equipment (such as rubber-tired equipment rather than metal-tracked equipment), wherever possible.

NOI-3: The construction contractor shall locate construction staging areas as far as possible from sensitive uses near the project’s northern and western boundary.

NOI-4: The construction contractor shall establish a noise disturbance coordinator. The noise disturbance coordinator shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall be required to implement reasonable corrective measures such that the complaint is resolved. Notices sent to residential units within 500- feet of the construction site and all signs posted at the construction site shall list the telephone number for the noise disturbance coordinator.

Monitoring: Mitigation measures shall be implemented through compliance with the permit review and issuance process.
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24. POPULATION AND HOUSING Would the Project
a) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? b) Induce substantial population growth in an area,
either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Housing Element.

Findings of Fact: The California City planning area is comprised of 130,200 acres (203.44 square miles).

This represents an increase of 11,200 acres resulting from the 1991 Municipal Reorganization #91-1 that comprised a 21,000-acre annexation and 4,800-acre detachment. The total 203.44 square miles planning area also represents the official City limits of California City. California City completed the 2002 Annexation, Detachment, Sphere of Influence Amendment (the City has Jurisdictional Boundaries and Coterminous Sphere of Influence), Redevelopment Area Expansion General Plan Update (Including the Housing Element), and Automotive Test Course Project. This action did not impact the availability of parcels for housing. It detached some environmentally sensitive areas and annexed some land suitable for economic development.

Based upon the 2009-2028 General Plan, the total of all single and multiple-family residential land designations represents 25 percent (33,500 acres) of the California City planning area. The residential land use designations of the General Plan and related zoning classifications show approximately 21,474 available (vacant) residential lots in the Central Core. The current population of California City is 13,972 as of July 1, 2017.

The proposed facility consists of 258,600 SF of commercial cannabis cultivation and related, but ancillary cannabis processing and manufacturing. The facility is estimated to staff a maximum of 75 employees with multiple shifts. The proposed Project may encourage relocation for employment.

However, the number of employees is expected to come from existing residents primarily.

The Project does not have a residential component. Improvements to roads and other infrastructure associated with the Project would not induce substantial growth to the area. Less than significant impacts are expected.

The entire property is currently vacant land designated by the City General Plan and zoning for Light Industrial activities and operations and would not displace any existing housing or require replacement housing. No impacts are anticipated.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary
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PUBLIC SERVICES Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

25. Fire Services
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element.

Findings of Fact:

Fire services are provided to the project area by the California City Fire Department (CCFD). The fire department operates out of a single location, located at 20890 Hacienda Blvd, California City, CA 93505, approximately 4.1-miles from the project site. The station has four paid fire fighters on duty per day. The CCFD maintains a fleet of two structure engines (one front-line and one reserve), one brush engine, one brush patrol, one squad/off road rescue, and two staff SUV’s. The CCFD maintains mutual aid and automatic aid agreement with Kern County Fire and Edwards Air Force Base Fire, resulting in the ability of three engines being dispatched; a standard duty response that ensures a minimum number of firefighters arrive at scene per National standards. Mutual aid is an agreement among emergency responders to lend assistance across jurisdictions provided resources are available and is not to the detriment of their own service area. The facility will contain space for office use, retail lobby, manufacturing, and cultivation areas. At buildout, the facility will have an approximate building ground floor area (GFA) of approximately a 258,600 SF facility; under a Class B Occupancy; which does not create a substantial increase in the need for additional fire suppression and planning services.

Development of the project increases demand on fire services, however based on the site proximity to the City’s existing fire station, the proposed project could be adequately served without the expansion of a new fire facility and adequate response times would be met. Additionally, the project would be required to implement all applicable and current California Fire Code Standards. This would include installation of fire hydrants as well as sprinkler systems inside the buildings. Furthermore, the project will be reviewed by City and Fire officials to ensure adequate fire service and safety as a result of project implementation. The project will also be required to comply with the City’s Development Impact Fees (DIF) to assist with the funding of public facilities and services, including fire, therefore, less than significant impacts are expected.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary

26. Police Services
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element.

Findings of Fact:

Police services are provided to the project area by the California City Police Department (CCPD). The police department operates out of a single location and is located at 21130 Hacienda Blvd, 142 - 295 February 13, 2024
approximately 5-miles from the project site. Per the Police Department website, the CCPD has 13 sworn officers and 6 support staff, totaling 19 positions. Based on the 2021 Census, California City has a population of 13,707 persons, resulting in an officer to resident ratio of 0.95 per 1,000 population. At buildout, the facility will have an approximate building ground floor area (GFA) of approximately a 258,600 SF facility; under a Class M (Manufacturing) Occupancy. A suite of safety and security measures will be incorporated into the project. A more detailed, comprehensive security plan is required by the City during the regulatory permit phase. This will include specific locations and areas of coverage by security cameras; location of audible interior and exterior alarms; location of exterior lighting; name and contact information of Security Company monitoring the site and any additional information required by the City.

Although the project may require additional demand for police services, the demand is not expected to hinder the City's ability to provide police protection services and adequate response times would be met. Furthermore, the project will be reviewed by City and Police officials to ensure adequate fire service and public safety concerns are adequately addressed by the Applicant, prior to Certificate of Occupancy of the first building permit for a non-residential building. The project will also be required to comply with the City's Development Impact Fees (DIF) to assist with the funding of public facilities and services, including police, therefore, less than significant impacts are expected.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary

27. Schools
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element.

Findings of Fact: The proposed project falls under the Mojave Unified School District (MUSD).

Development of the project would not create a direct demand for school service. At buildout, the facility will have an approximate building ground floor area (GFA) of approximately a 258,600 SF facility; under a Class B Occupancy. Approximately 75 construction-related (part-time) and 150 permanent (full-time) jobs will be created by the Project. Employment generated by the project would not be expected to draw a substantial number of new residents that would generate school age children requiring public education or substantially alter school facilities or the demand for public education and no new facilities would need to be constructed. Additionally, any future development will be required to pay Development Impact Fees (DIF) to the Mojave Unified School District, developer impact fees to assist in offsetting impacts to school facilities. At the time of writing, current development fees are $3.79 per SF for residential and $0.61 per SF for commercial/industrial projects (Level I Developer Fee Study for Mojave Unified School District, 2018). Less than significant impacts to school services are expected. As discussed below, the proposed project would not create substantial additional demand for public park facilities, nor result in the need to modify existing or construct new park facilities. No impacts are expected to city parks.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary
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28. Libraries
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element.

Findings of Fact: Library services are provided by the Kern County Library system with the nearest branch located in the City at 9507 California City Boulevard. The Kern County Library provides a full range of services and resources to over 850,000 people in every city and unincorporated area of Kern County through a network operated at Kern County Library Headquarters. The Kern County Library system includes 24 branches and 2 bookmobiles available to serve the County population.

Development of the project would not create a direct demand for school service. At buildout, the facility will have an approximate building ground floor area (GFA) of approximately a 258,600 SF facility; under a Class B Occupancy. Approximately 75 construction-related (part-time) and 150 permanent (full-time) jobs will be created by the Project. Employment generated by the project would not be expected to draw a substantial number of new residents that would generate school age children requiring library services or substantially alter existing library branch facilities or the demand for new facilities would need to be constructed.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary

29. Health Services
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element.

Findings of Fact: According to the City Fire Chief, there are multiple choices for hospital care to serve City residents. These choices depend upon the severity and type of medical treatment required. In addition, hospital related care also depends on bed availability and the patients’ preference, if not emergent. Since California City spans approximately 201 square miles, there are a number of hospitals that a patient could be transferred to for minor issues such as less critical conditions, stabilizing patience, and minor surgeries. These minor incidences are typically served by Adventist HealthTehachapi Valley in Tehachapi, which is located approximately 25-miles from the City’s western edge.

Furthermore, Ridgecrest Regional Hospital is located approximately 30-miles from the east edge of the city and even Barstow Community Hospital; which is located approximately 55-miles from the southwest edge of town also provides non-trauma related care. If trauma level care is necessary, patients are transported to the Antelope Valley Hospital in Lancaster, which is located approximately 30-miles from the south edge of the city.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary

RECREATION

30. Parks and Recreation
a) Would the project increase the use of existing
neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
144 - 295 February 13, 2024
b) Does the project include recreational facilities or
require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Open Space Element.

Findings of Fact: As discussed herein, the proposed Project would not create substantial additional demand for public park facilities, nor result in the need to modify existing or construct new park facilities.

No impacts are expected to park. As previously discussed, the Project proposes to construct a 258,600 SF commercial cannabis cultivation and ancillary manufacturing uses. Properties immediately to the north, east, south, and west of the project are in a vacant state. Furthermore, a maximum of 150 employees will be generated by the Project, the addition of which is not anticipated to cause a substantial increase to the current existing neighborhood community, regional or pocket parks.

Therefore, no impacts are expected relative to use or deterioration of existing parks. The construction of the proposed cultivation and processing facility will not substantially degrade any existing or planned recreational facility. In fact, the City will require the Project proponent to construct a Class II Bike Trail adjacent to the curb-line of CCB. which is required pursuant to the City’s Bike Plan Element of the General Plan. In addition, the Project will be required to pay park land impacts not offset by the construction of the aforementioned bike trail. In addition, the City’s fees will address the incremental need that results from this Project upon recreational trails, bikeways, or service paths. No construction or expansion of other recreational facilities is required for Project implementation and no impacts are anticipated.

Mitigation:

REC-1: The Project will construct a Class II Bike Trail adjacent to the curb-line of CCB. which is required pursuant to the City’s Bike Plan Element of the General Plan.

Monitoring: Mitigation will be monitored by the City’s Planning Department staff.

TRANSPORTATION/TRAFFIC Would the Project

32. Circulation
a) Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle, and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access?

REGULATORY FRAMEWORK
State
Senate Bill 743
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SB 743, which was signed into law in 2013, initiated an update to the CEQA Guidelines to change how lead agencies evaluate transportation impacts under CEQA, with the goal of better measuring the actual transportation-related environmental impacts of any given project. Under CEQA, cities, counties, and other public agencies must analyze real estate and transportation projects to determine whether they may have a significant impact on the environment. One key determination under CEQA is the transportation impact of these projects. Traditionally, transportation impacts have been evaluated by examining whether the project is likely to cause automobile delay at intersections and congestion on nearby individual highway segments, and whether this delay will exceed a certain amount (this is known as Level of Service or LOS analysis). Automobile delay, as described solely by LOS or similar measure of traffic congestion, is no longer considered a significant impact under CEQA, except in locations specifically identified in the Guidelines. (Pub. Resources Code, § 21099(b)(2).) This provision took effect when the update to the CEQA Guidelines was certified in late 2018. (Guidelines, § 15064.3.) Guidelines section 15064.3 specifies that VMT analyses are voluntary until July 1, 2020. A recent appellate court decision (Citizens for Positive Growth and Preservation v. City of Sacramento (2019) 43 Cal.App.5th 609) confirmed that traffic congestion is no longer an environmental impact under CEQA, and VMT is not a required element of transportation analyses until July 1.

Regional Setting:

At the center of the transportation planning process is the Regional Transportation Plan (RTP). Updated on a 4-year cycle, the RTP is a long-term (20+ year) blueprint for the region’s transportation system, and encompasses projects for all types of travel, including freight, intermodal, and aviation. The plan includes the Sustainable Community Strategy (SCS) designed to help reduce emissions from passenger vehicle travel. The plan is accompanied by a program level environmental document that analyzes cumulative impacts, and the regional air quality conformity analysis required by federal regulations. Included in the 2018 RTP is the Sustainable Communities Strategy (SCS) required by California’s Sustainable Communities and Climate Protection Act, of Senate Bill (SB) 375. The California Air Resources Board (CARB) set Kern greenhouse gas (GHG) emissions reductions from passenger vehicles and light-duty trucks at 5 percent per capita by 2020 and 10 percent per capita by 2035 as compared to 2005. In addition, SB 375 provides for closer integration of the RTP/SCS with the Regional Housing needs Allocation (RHNA) ensuring consistency between low-income housing need and transportation planning. Kern COG engaged in the RHNA process concurrently with the development of the 2014 RTP. Current and recent transportation plan goals generally focus on balanced transportation and land use planning that:
• Maximize mobility and accessibility for all people and goods in the region. • Ensure travel safety and reliability for all people and goods in the region. • Preserve and ensure a sustainable regional transportation system. • Maximize the productivity of our transportation system. • Protect the environment and health of residents by improving air quality and encouraging active transportation (e.g., bicycling and walking).
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Local
City of California City – General Plan Circulation Element The Circulation Element of the General Plan contains policies and objectives that are considered applicable to the proposed Project as identified below.

Policies:
• Provide an arterial system that serves the major centers of activity within the urbanized areas and provides capacity for the highest traffic volumes and longest trip lengths. To the extent feasible, direct access onto arterials from individual parcels should be restricted. • Require that new development of major traffic generating projects restrict direct access onto arterials or collectors through the project design, which may include any combination of the following measures deemed acceptable by the City:
o Access to other surrounding streets
o The limitation on the number and location of direct access point; and/or o The use of reciprocal access easements with other adjoining properties. • The City shall require the completion of planned arterial and collector streets as they become necessary to serve new development or to meet cumulative traffic demands in the City. • This shall be accomplished by the following:
o Adopt a street improvement program based on a current surface maintainability and traffic impact priority system.
o Coordinate the street improvement of necessary street facilities as a condition of land development.

THRESHOLDS OF SIGNIFICANCE
The City relies upon the Environmental Checklist Form included in Appendix G of the State CEQA Guidelines to determine the significance of environmental impacts. As it applies to the Project, the Project would have a significant impact on Transportation if it would result in:
a. Conflict with a program, plan, ordinance, or policy addressing the circulation system, considering all modes of transportation including transit, roadway, bicycle, and pedestrian facilities?
b. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? The Project is required to detail compliance with the City’s Final California City General Plan Circulation Element (Chapter 3), by providing a balanced circulation system to meet the needs of the residents, 147 - 295 February 13, 2024
businesses, and visitors to California City. According to Figure 3-1 and Figure 3-2, of the General Plan, the Project is not subject to any transit, bicycle, pedestrian, or other multi-modal elements established by the City’s General Plan. Furthermore, the Project is required to make improvements to segments of the frontage roadway, which is designated as Divided Collector (78-foot R/W) roadway per the Kern County Circulation Element.

Furthermore, each county in California is required to develop a Congestion Management Program (CMP) that analyzes at the links between land use, transportation, and air quality. The Kern County Council of Governments (KERNCOG) is the County’s Congestion Management Agency. The KERNCOG prepares and periodically updates the County’s CMP to meet federal Congestion Management System guidelines and state CMP legislation. The most recent CMP is included within KERNCOG’s Long Range Transportation Plan (LRTP), and was completed in April 2012, does not indicate any roadways or multi-modal improvements established in the KERNCOG CMP, relative to the Project area. According to Appendix A of the LRTP, in the 2011 Kern County Congestion Management Program, Highway 14 and Highway 58 are the only roads in proximity to the Project site listed as part of the CMP System of Highways and Roadways. These roads are not directly adjacent to the Project site. Thus, the Project will not conflict with a CMP due to the distance between the Project site and these covered roadways and their apportionment of traffic trips have been built into the build-out assumptions for the overall city land uses. The GP identifies that sidewalks, bike lanes, off-street trails and golf cart routes are especially important along major roadways in the community. Within the City, adequate public transportation choices including expanded bus routes and service and other transit choices such as shuttles, light rail, and rail where feasible. The City currently provides service through existing public transportation opportunities such as include public transit, Amtrak, and other private carriers such as Greyhound. Transit services include intracity, demand-responsive, and fixed-route operations. The Project will not produce a need for increases in transit services or require the substantial alteration of existing facilities and/or services. As no facilities currently exists, and the expansion of which is not required or contemplated by the proposed project, then no conflict will occur upon any program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Therefore, the Project will have a less than significant impact.
b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Changes to California Environmental Quality Act (CEQA) Guidelines were adopted in December 2018, which require all lead agencies to adopt Vehicle Miles Traveled (VMT) as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate took effect July 1, 2020. To aid in this transition, the Governor’s Office of Planning and Research (OPR) released a Technical Advisory on Evaluating Transportation Impacts in CEQA (December of 2018) (Technical Advisory).

VMT Analysis Methodology
At the time of the preparation of this Initial Study, the City has not formally adopted its own VMT analysis guidelines and thresholds. Therefore, for the purposes of this analysis the recommended VMT analysis methodology and thresholds recommended by the Technical Advisory and supported by OPR’s Guidelines have been used. As outlined in the Technical Advisory, mixed-use projects such as the proposed Project need to evaluate each component of the project independently and apply the relevant significance threshold for each project type (i.e., office, retail, etc.). For the purposes of this VMT 148 - 295 February 13, 2024
analysis, the evaluation of VMT will focus on the industrial/manufacturing uses (i.e., commercial cannabis cultivation uses) only. Consistent with Technical Advisory recommendations, local serving retail that is typically less than 50,000 SF will tend to improve retail destination proximity and short trips, which in turn reduces VMT. According to the Technical Advisory, uses such as the lodging, retail, and destination-orientated uses, proposed by the Project are presumed to create a less-than-significant impact.

The Technical Advisory provides for the following recommended threshold for industrial land use projects which used for the Project: A proposed project exceeding a level of 15 percent below existing regional VMT per employee may indicate a significant transportation impact.

Project Screening Analysis
The Technical Advisory provides details on appropriate “screening thresholds” that can be used to identify when a proposed land use project is anticipated to result in a less-than-significant impact without conducting a more detailed analysis. Screening thresholds are broken into three types:
• Project Type Screening
• Map Based Screening based on Low VMT Area
• Transit Priority Area (TPA) Screening
For the purposes of this analysis, the initial VMT screening process has been conducted with using the Map Based Screening based on Low VMT Screening Tool (Screening Tool), which uses screening criteria consistent with the screening thresholds recommended in the Technical Advisory.

Project Type Screening – Projects that are consistent with the current Sustainable Communities Strategy (SCS) or general plan, and that generate fewer than 110 daily vehicle trips be presumed to have a less-than- significant impact on VMT. Based on the Project’s trip generation (see Attachment A), the Project is not consistent with the City’s general plan and would generate more than 110 daily vehicle trips, therefore, the Project would not be eligible to screen out based on project type screening.

The Project Type screening threshold is not met.

Table 3-2:Trip Summary Information:

Land Use Average Daily Trip Rate (unmitigated) Annual Trip Rate (unmitigated)
Weekday Saturday Sunday Trips/Year
Industrial Park 871 657 321 3,986,251
Total 1,081 1,766 1,400 446,812
Source: Table 5.9 Operational Mobile Sources; 5.9.1 – VMT Trip Generation16 Low VMT Area Screening
The Screening Tool uses the sub-regional Kern COG – VMIP 2 Model Development Report to measure VMT performance within individual traffic analysis zones (TAZ’s) within the Kern COG region. The Project’s physical location based on parcel number was selected within the Screening Tool to determine the relevant TAZ’s VMT as compared to the jurisdictional average. The Project boundary is 16 https://kerncog.maps.arcgis.com/apps/mapviewer/index.html?webmap=bb9f1df531d743f1a91c26478fe29c46 (Accessed May 9, 2022) 149 - 295 February 13, 2024
located in TAZ 1465 and appears to be within a low VMT generating TAZ based on daily total VMT per service population. As measured by the baseline year of 2015, a total of 993 households and 165, non-farm labor related jobs, were identified. An increase in Households and Employment, in 2042 is 993 and 1846, respectively. The increase is not considered significant or substantial in either households or employment, located within TAZ 1465, by the year 2042.

Table 3-4: Kern County TAZ Data:

Kern County TAZ 1465
Acres 15,001.38
TAZ 1465
2015 Households 165
2042 Households 993
2015 Employment 42
2042 Employment 1846
Household Change 2015-2042 828
Employment Change 2015-2042 1804

THIS SECTION LEFT INTENTIONALLY BLANK
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Figure 3-3: 2042 Household and Employment Data:

SOURCE: https://kerncog.maps.arcgis.com/apps/mapviewer/index.html?webmap=bb9f1df531d743f1a91c26478fe29c46 Based on a review of the land use information contained within TAZ 1465 for the KERNCOG Trip Generation base year (2015) model, the zone includes exceptionally low levels of employment and low amounts of population and household data. The proposed Project would increase the number and type of employment uses within the TAZ. However, the increases are considered incremental as the 15,001- acre project area is 0.3% of the total TAZ area and therefore is consistent with the underlying assumptions considered in TAZ 1465
The Low VMT Area screening threshold is met.

Conclusions
The Project is located within a Low VMT Traffic Analysis Zone (TAZ) and will not significantly increase the amount of employment or households as compared to the underlying assumptions in the TAZ.

Project VMT does not require mitigation measures to reduce trips and levels that would be less-thansignificant.

Level of Significance: Less than Significant

PROJECT SITE
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c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed Project does not propose any design features that would increase traffic hazards, as the Project is consistent with the City’s General Plan Circulation Element, and project-level infrastructure improvements will be established as Conditions of Approval to improve adjacent roadways. The Project is located adjacent to CCB., which is classified as an Arterial/Major Highway in the General Plan Circulation Element (Page 92).17 An Arterial/Major Highway is a divided road with four through lanes, providing for the movement of traffic to and from the planning area; the movement of traffic to and from activity centers within the planning area and the planning sub-areas; and the distribution of traffic to and from the highways. The driveways do not have the potential to change the geometric design of CCB. in a manner that would substantially increase hazards due geometric design feature (e.g., sharp curves or dangerous intersections). The Project design and operations are subject to City approval, per the Site Plan Review (SPR) process, which will ensure sufficient design and access in constructed to City’s standards.

Level of Significance: Less than Significant
d) Result in inadequate emergency access?
The Project does not propose any design features that would increase traffic hazards, as the Project is consistent with the City’s General Plan Circulation Element and project-level infrastructure improvements will be established as Conditions of Approval to improve CCB. The Project can be accessed by CCB., which roadway is classified as an Arterial/Major roadway in the Kern County Circulation Element (Page 92). An Arterial/Major roadway is defined as a minimum 110-foot right-ofway divided road with three through lanes, providing for the movement of traffic to and from the development. CCB. is identified in the General Plan as accommodating a maximum daily traffic volume in excess of 50,000 vehicle trips.18 Project improvements will improve and reduce potential hazards such as existing geometric design features considered unsafe. (e.g., sharp curves or dangerous intersections). Through compliance with these standard City requirements for road improvement, impacts to transportation are less than significant. As a standard condition of approval for future development, access roads shall be provided to within 150-feet to all portions of the exterior building walls and shall have an unobstructed width of not less than 24-feet. The construction of the access roads shall be all weather and capable of sustaining 60,000 lbs., over two (2) axels, for commercial developments.

Approved vehicle access, either permanent or temporary, shall be provided during construction. Level of Significance: Less than Significant.

Mitigation:

TRANS-1: The Applicant shall construct the part-width of CCB., within a 44-foot, half-width R/W, in compliance with City standards.

TRANS-2: Vehicle Miles Travel (VMT) Reductions Measures:
• T-8: Provide Ridesharing Program (voluntary)
• T-19-A: Construct or Improve Bike Facility
17 https://psbweb.co.kern.ca.us/planning/pdfs/kcgp/KCGPChp2Circulation.pdf (accessed July 22, 2022) 18 https://maps.kerncounty.com/H5/index.html?viewer=KCPublic (accessed July 22, 2022) 152 - 295 February 13, 2024
• T-19-B: Construct or Improve Bike Boulevard
• T-29: Reduce Transit Fares
• T-11: Provide Employer-Sponsored Vanpool
• T-14: Provide Electric Vehicle Charging Infrastructure • T-26: Increase Transit Service Frequency
• T-28: Use Cleaner-Fuel Vehicles
• T-33: Locate Project near Bike Path/Bike Lane
• T-34: Provide Traffic Calming Measures
• T-42: Implement Telecommute and/or Alternative Work Schedule Program Monitoring: Mitigation will be monitored by the City’s Public Works Department.

33. Tribal Cultural Resources
a) Would the Project cause a substantial adverse
change in the significance of a Tribal Cultural Resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is:

Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1 (k); or,
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the
criteria set forth in subdivision (c). of Public Resources Code Section 5024.1 for the purpose of this paragraph, the lead agency shall consider the significance to a California Native tribe.

Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Open Space Element.

Findings of Fact: California city (acting in their capacity as the lead agency) initiated consultation with the eight NAHC tribes, as required by the AB 52 Tribal Consultation procedures. During the 30-day consultation, one comment was received from the FTBMI Administrations stating that - "This address is outside of the jurisdiction of the FTBMI." No other tribal consultation was received by the lead agency.

As previously discussed in the Cultural Resources discussion of this document, there are five recorded historic archaeological sites within the City, according to the California City General Plan. The archaeological sites are not found within the project area. Additionally, a cultural resource survey was completed by the California Archaeological Inventory Southern San Joaquin Valley Information Center for California City's GeneralPlan. The cultural resource survey was concluded that no culturalresources 153 - 295 February 13, 2024
were found on the project site or with close proximity to the site (discussed in Cultural Resources:

Sections 8-9). The historical, cultural, and archaeological resources surveys outlined within the California City GeneralPlan indicate that the project site is not listed or eligible for listing in the California Register of Historical Resources or in a local register. Therefore, no impacts are anticipated with project implementation. As previously discussed, the land surveys prepared for the California City General Plan did not indicate the presence of historic resources, culturalresources, and archaeological resources on or near the project site. Additionally, the California City General Plan states that the City had no Native American Sacred Sites within the City's boundary. Therefore, project implementation is not expected to have a substantial adverse change in a significant Tribal cultural resource. Less than significant impacts are anticipated.

Mitigation:

TRB-1: Pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native America or has reason to believe that they are Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission.

Monitoring: The City Planning Division staff will monitor and enforce compliance UTILITY AND SERVICE SYSTEMS Would the Project

35. Water
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or relocation of which would cause environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry, and multiple dry years?
c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to serve
the project’s projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
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Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element.

Findings of Fact:

Wastewater utility services:

The California City Water Department provides sewer services to the city and the project site. The City's wastewater system consists of numerous gravity lines and lift stations. The Wastewater Operations Division provides maintenance of all wastewater collection and transportation and overseesthe treatment for the City in addition to monitoring and implementation of wastewater regulations. Sanitary sewers are cleaned regularly, and their condition is monitored on a regular basis. According to the California City Urban Water Management Plan Update 2017, California City owns and operates 1.5 million gallons per day (MGD) extended aeration activated sludge tertiary treatment facility (WWTP) and all domestic sewer collection systems within the City limits. The existing California City Wastewater Treatment Facility, located at 30835 Nelson Drive, is designed to treat an average flow of 1.5 MGD and peak flow of 3.0 MGD, where in 2015, the influent flow was 0.8 MGD. A city-maintained sewer line currently lies within CCB., the project proposes to connect to the existing infrastructure which will provide service to the project site.

The project is proposing 258,600 SF retain commercial cannabis cultivation facility. Wastewater is expected to be minimal as the project would only require up to 150 standard/regular employees, in three (3) shifts. The project is not expected to exceed wastewater treatment requirements of the State Regional Water Quality Control Board (SRWQCB) (Fremont Valley Sub-basin). In addition, City and other local and governmental agency review will ensure compliance with all current and applicable wastewater treatment requirements. Less than significant impacts are expected.

The proposed project is designed to connect to an existing city sewer system contained within California City. The connection to the City's sewer and water system will comply with the requirements of the State Regional Water Control Board and the City. Connections into sewer infrastructure will undergo review by City Staff, and the Fremont Valley Integrated Regional Water Management Group (IRWMG), consisting of California City, Mojave Public Utility District (MPUD), and the Antelope Valley East Kern Water Agency (AVEK). The review by these groups will ensure wastewater capacity and compliance. Additionally, sewer installation and connection fees in place at the time of development or connection would be collected by California City. Therefore, less than significant impacts are expected.

The City of California City operates one wastewater treatment plant located at 30835 Nelson Drive, approximately 6.84-miles east of the project site. All City sewage is collected into sewage mains and delivered to the 1 MGD sanitary facility. The existing wastewater treatment facility collected domestic wastewater to approximately 20 percent of the City’s sewer system the remaining 70-percent (%) is served by onsite septic systems. The existing California City Wastewater Treatment Facility is designed to treat an average flow of 1.5 MGD and peak flow of 3.0 MGD. Currently, the average influent flow is

0.8 MGD. The proposed project is designed to connect into the existing water and sewer facilities, as outlined in the 2002 Water Master Plan for California City, and the 2017 Urban Water Management Plan (UWMP). As of 2018, this zone was at 2.7% total use, according to Table 2 (page 88) of the FINAL LAMP referenced above. Since little development has occurred in the last 2.5 years, the approximate 52% of capacity is adequate to accommodate the Project’s operational impacts upon existing sewer 155 - 295 February 13, 2024
facilities. The operation and construction of these facilities will comply with the requirements of the City, and the State Regional Water Quality Control Board. Connections into sewer infrastructure once installed, will undergo review by City Staff to ensure wastewater capacity and compliance. Additionally, sewer installation and connection fees in place at the time of development or connection would be collected. As determined previously, the average influent flow (0.8 MGD) for the Wastewater Treatment Facility is lower than the capable average flow (1.5 MGD) and peak flow (3 MGD). Due to the size and the nature of the project, the wastewater treatment provider is anticipated to have adequate capacity for project implementation. Less than significant impacts to wastewater treatment are expected.

Potable water utility services:

California City Water Department provides domestic water service in the project vicinity. The City provides approximately 4,430 active service water connections to its incorporated area (203 square miles). The City maintains approximately 313 miles of water main lines ranging in size from 4 to 21 inches in diameter, and a 20-inch transmission line connects the City wells to the reservoirs located in the foothills. As stated in the prior discussion, the California City Wastewater Treatment Facility, which is designed to treat an average flow of 1.5 million gallons per day, and peak flow of 3.0 MGD.

Groundwater is the primary source of domestic water supply in California City. According to the Urban Water Management Plan, California City currently uses six groundwater wells and surface water purchased from the Antelope Valley East Kern Water Agency (AVEK) for its groundwater supply. The project property lies within the Fremont Valley Groundwater Sub-basin, within the Lahontan Region (Region 6). The project site is managed by the Fremont Valley Groundwater Basin Integrated Regional Water Management Group (IRWMG), which consists of California City, Mojave Public Utility District (MPUD), and the Antelope Valley East Kern Water Agency (AVEK).

As stated in prior discussions, the groundwater wells in California City produced over 93-percent (%) of the water supply in 2000 to 2001. Per the Water Master Plan, the closest well to the project site, located approximately 4-miles, at the corner of Yerba Blvd. and CCB. According to the California City General Plan, future water demands for the City will be met by the construction of new water wells and through additional purchase of AVEK water. According to the 2015 Urban Water Management Plan (UWMP) updated in 2017, the addition of two new wells will assist in the City's goal in meeting future water demands from 2020 through 2040. The following infrastructure includes Well No. 1 in 2018 and Well No. 11 in 2019. As stated in the UWMP, it is projected that in 2040 the City will be using 82.3 percent of the current water production capacity. It is noted that 82.3 percent capacity utilization in 2040 is conservative and that for the foreseeable future, the City has excess production capacity that will handle system demands year around and during worst case summer demand months.

As required by the policies of the General Plan, the City will continue to cooperate with IRWMG and other agencies/jurisdictions in implementing a groundwater replenishment and ensuring the viability of the Fremont Valley Sub-basin. The proposed development will be expected to follow water conservation guidelines to mitigate impacts to public water supplies. Examples of these water conservation methods include water conserving plumbing fixtures, drought tolerant landscaping, and drip irrigation systems.

The project proposes to connect to the existing water line located in CCB. Additional domestic water improvements necessary to serve this development will be identified by IRWMG and approved by the City of California City. Less than significant impacts to water supply are expected. 156 - 295 February 13, 2024
Solid waste disposal and recycling services for the City of California City are provided by Waste Management (WM). However, Waste Management does not provide removal of cannabis byproducts or waste generated from the manufacturing, testing, and packaging processes. As such, the City is currently undergoing a procurement for a solid waste contract to specifically manage solid waste generated from the cannabis cultivation process. The Project will be required to comply with the future regulations resulting from these procurements. Solid waste generated by the project would consist of standard household/office waste. Commercial waste and recycling collected from the proposed Project will be hauled to the CA City Recycling and Transfer Station (15-AA-0401). Waste from this transfer station is then sent to a permitted landfill or recycling facility within Kern County. These include Bena, Boron, Mojave-Rosamond, Ridgecrest, Shafter-Wasco, Taft, and Tehachapi Landfills. Cal Recycle data indicates that these landfills have 3 to 90-percent (%) of their remaining estimated capacity, with the Mojave-Rosamond Sanitary Landfill having the lowest remaining capacity, 3-percent (%), and the Boron Sanitary Landfill with approximately 90-percent (%) remaining capacity.

Solid Waste:

Additionally, solid waste generated by a medical marijuana facility would be minimal and would comply with all cannabis waste regulations. Less than significant impacts to solid waste are expected. Solid waste disposal and recycling services for the City of California City are provided by Waste Management (WM). Solid waste generated by the project would consist of standard household/office waste. Unused plant materialwill be composted and reintroduced into soil composite.Commercial waste and recycling collected from the proposed Project will be hauled to the CA City Recycling and Transfer Station (15-AA-0401). Waste from this transfer station is then sent to a permitted landfill or recycling facility within Kern County. These include Bena, Boron, Mojave-Rosamond, Ridgecrest, Shafter-Wasco, Taft, and Tehachapi Landfills. Cal Recycle data indicates that these landfills have 3% to 90-percent (%) of their remaining estimated capacity, with the Mojave-Rosamond Sanitary Landfill having the lowest remaining capacity, 3-percent (%), and the Boron Sanitary Landfill with approximately 90-percent (%) remaining capacity. Additionally, solid waste generated by a medical marijuana facility would be minimal and would comply with all cannabis waste regulations. Less than significant impacts to solid waste are expected. The City of California City contracts with Waste Management to serve the solid waste disposal needs of the city, including the project. The project will comply with all applicable solid waste statutes and guidelines. No impacts are expected relative to solid waste statues and regulations.

Mitigation:

UTIL-1: The Applicant is required to obtain “will-serve” letters for water and wastewater utilities from California City Public Works. The same is required for “dry utilities” not provided by the City, such as natural gas (Sempra Energy); electricity (SCE); and telecommunications (Verizon Wireless).

Monitoring: Mitigation shall be monitored by the Public Works Department.

37. Utilities
Would the Project impact the following facilities requiring or resulting in the construction of new facilities or the expansion of existing facilities; the construction of which could cause significant environmental effects?
a) Electricity?
b) Natural gas?
c) Communications systems?
157 - 295 February 13, 2024
d) Storm water drainage?
e) Street lighting?
f) Maintenance of public facilities, including roads?
g) Other governmental services?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element.

Findings of Fact: The Project will not produce an impact upon existing or planned city or district utility services. The addition of a 258,600 SF industrial and manufacturing facility will not increase the need for utility services or create the need to substantial retrofit existing utility infrastructure. No impact is anticipated from the proposed Project.
a) Electricity: The property will be served by Southern California Edison (SCE) which has an obligation to serve and provides electrical service to several properties along CCB. As such, no impact is anticipated. In the circumstance that electrical service is delayed by SCE, the project will utilize CARB-certified generators on a temporary basis. b) Natural Gas: Recently, the City has expanded natural gas service to the north and eastern planning areas. The property will not likely require natural gas service, but service is available if needed. As such, no impact is anticipated.
c) Communications: The Project will not require telecommunications service. As such, no impact is anticipated.
d) Storm water drainage: The Project is served by the City public works department. No expansion of service is anticipated. As such, no impact is anticipated. e) Street Lighting: The Project is served by the City public works department. No expansion of service is anticipated. As such, no impact is anticipated. f) Maintenance of public facilities; including roads: The Project will be required to dedicate and construct the necessary roadway improvements, along the property frontage of CCB. The City Public Works Department will accept a dedication of the ultimate improvements prior to the commencement of Project operations. Maintenance of the road will be provided by a public entity, the City. As such, no impact is anticipated.
g) Other government services: The operations of the future Project will comply with the City’s Cannabis Program and all provisions of the City Municipal Code.

Mitigation: No Mitigation Required
Monitoring: No Monitoring Necessary
158 - 295 February 13, 2024

38. WILDFIRE. If located in or near state responsibility areas classified as very high hazard severity zone, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate pollutant concentrations from a wildlife or
uncontrolled spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan Safety Element. California Department of Forestry and Fire Protection:

State Responsibility Areas for Fire Protection
Findings of Fact: The Project will not expose people or structures to the risks of downslope or downstream flooding or landslides from post-fire instability. As previously mentioned, the parcel in which the Project is proposed is not located within or near a state responsibility area or an area classified as high fire. As such, no impacts can or will occur. According to the Cal-Fire, Fire Hazard Severity Zone (FHSZ) Map Viewer, the Project site is located in a Local Responsibility Area (LRA). The nearest Very High Severity Zone (VHSZ) is located approximately 214-miles easterly, from the Project site. a) The Project will not result in an impact to an adopted emergency response plan or emergency evacuation plan due to the infill nature of the Project. The anticipated structures will comply with county and local fire codes, including the development of an evacuation plan which is required by City Ordinance.
b) The Project is not located on a parcel of land that is constrained by slopes or subject to other factors that will exacerbate wildfire risks. The property is sparsely vegetated with low-lying scrub brush and mostly decomposed granite, having been compacted for decade through wind and water erosion.
c) The Project is located on an in-fill parcel, with existing paved access along CCB. and is not within an area designated as high fire. The construction of public infrastructure improvements will have no impact upon wildfire risks.
d) The Project will not expose people or structures to the risks of downslope or downstream flooding or landslides from post-fire instability. As previously mentioned, the parcel in which the Project is proposed is not located within or near a state responsibility area or an area classified as high fire. As such, no impacts can or will occur. 159 - 295 February 13, 2024

MANDATORY FINDINGS OF SIGNIFICANCE

40. Does the Project have the potential to
substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or
prehistory?
Source: City of California City Municipal Code; City of California City Final General Plan 2009-2028; California City General Plan.

Findings of Fact: As concluded in the Biological and Cultural Resources sections of this document, the proposed project expansion would result in no impacts or less than significant impacts with mitigation to these resources. The project is compatible with the City of California City General Plan land use designation and its surroundings. The project will not significantly degrade the overall quality of the region's environment, or substantially reduce the habitat of a wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare of endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Less than significant Impacts with mitigation is expected.

41. Does the Project have impacts which are individually limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
Project are considerable when viewed in connection with the effects of past Projects, other current projects, and probable future Projects)?
Source: Staff review, Project Application Materials
Findings of Fact The project is in a partially developed setting designated for industrial agriculture uses, including the cultivation of commercial cannabis, per requirements of the M-1 Zoning District. The Project shall meet or exceed all applicable state and local laws and regulations pertaining to the industrial and manufacturing cultivation permit business and activities, including the duty of obtaining any required state licenses. The facility would be compatible with the future land uses described by the City’s Commercial Cannabis program. Based upon the information and mitigation measures provided-within this Initial Study and implementation of the proposed cultivation-and processing facility is not expected to result in impacts that, when considered in relation to other past, current, or probable future projects, would be cumulatively considerable. Less than significant impacts are expected.

Mitigation: The Project will establish a Mitigation/Monitoring and Reporting Matrix to implement the required Mitigation Measures.

Monitoring: City Staff will review, implement, and ensure ongoing mitigation. 160 - 295 February 13, 2024

42. Does the Project have environmental effects that will cause substantial adverse effects on human beings,
either directly or indirectly?
Source: Staff review, Project application
Findings of Fact: As discussed in the various sections throughout this Initial Study, the proposed project would not include a land use that could result in substantial adverse effects on human beings. The City of California City has established regulations pertaining to commercial cannabis facilities to ensure these businesses do not conflict with the City's General Plan, its surrounding uses, or become detrimental to the public's health, safety, and welfare. The City's review process of cannabis facilities and facility operations will ensure that the regulations are fully implemented. Based upon the findings provided in this document, and mitigation measures and standard conditions incorporated into the project, less than significant impacts are expected.

V. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration as per California Code of Regulations, Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following:

Earlier Analyses Used, if any:
• City of California City General Plan Environmental Impact Report (http://www.californiacity-ca.gov/CC/index.php/planning/planning-publications) • KernCOG 2018 Regional Transportation Plan
(https://www.kerncog.org/category/docs/rtp/)
Location Where Earlier Analyses, if used, are available for review:

City of California City
23000 Hacienda Boulevard
California City, CA 93505-2293
(760) 373-8661
VI. AUTHORITIES CITED
Authorities cited: Public Resources Code Sections 23083 and 23083.05; References: California Government Code Section 65088.4; Public Resources Code Sections 23080(c), 23080.1, 23080.3, 23082.1, 23083, 23083.05, 23083.3, 23093, 23094, 23095 and 21151; Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 121 Cal.App.4th at 1309; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 302 Cal.App.4th 656.

Revised: 10/24/2023 2:24 PM
Initial Study (302-391-19)_20231024_Screen Check_2_ZONE CHANGE 161 - 295 February 13, 2024
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February 13, 2024

COUNCIL AGENDA ITEM
February 13, 2024
Prepared by: Anu Doravari, Planning Consultant
Subject: Request for General Plan Amendment and Zone Change GPA ZC 21-07 REQUEST: Applicant is requesting a General Plan Amendment and zone change GPA ZC 21-07 to rezone 9.78 acres of O/RA Open space Residential agriculture land to M1-Light Industrial zone to construct an 80,000 square-foot Cannabis Cultivation, manufacturing and distribution facility.

RECOMMENDED ACTION (APPROVAL):

A. Adopt Ordinance No. 24-810 thereby approving the zone change and general plan amendment GPA ZC 21-07 for the project entitled ‘CALROX II’.

ALTERNATIVE MOTION (DENIAL):

B. Upon finding substantial evidence at the public hearing, deny general plan amendment and zone change GPA ZC 21-07 for the project entitled ‘CALROX II’ Property Owner: Calrox Inc
Applicant: Henrik Sargsyan
Location: California City Boulevard – about 0.36-miles easterly of Deep Well St.

Assessor’s Parcel Numbers: 225-201-12
Lot Size: ± 9.78 Acres or 457,091.72 sq. ft.

General Plan Designation: O/RA – Open Space Residential Agriculture Proposed Zoning: M1- Light Industrial

BACKGROUND
The proposed project endeavours to erect up to eight (8) buildings on the 9.78-acre site, which will be utilized for commercial cannabis cultivation, manufacturing, and distribution.

The development will span across 80,000 sq. ft. and will be completed in several phases. The present zoning classification of the land is O/RA Open Space, Residential, Agriculture, and the applicant seeks to rezone it to M1 – Light Manufacturing zone. The location of the parcel in the City's Zoning map can be perused in Figure 1, while Figure 2 furnishes an aerial view of the project site. Additionally, Figure 3 illustrates the plan of the site in a conceptual manner.

PH 2.
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Figure 1: Zoning Map
Figure 2: Aerial View
Figure 3: Proposed Conceptual Site Plan
GPA ZC 21-07
GPA ZC 21-07
164 - 295 February 13, 2024
Surrounding Zoning
Zoning Occupancy
North M1 – Light Industrial Vacant Lot
South O/RA – Open space Residential Agriculture Vacant Lot East O/RA – Open space Residential Agriculture Vacant Lot West O/RA – Open space Residential Agriculture Vacant Lot

ANALYSIS
A General Plan amendment is a legislative action that the City has the discretion to approve or deny. In making this decision, the City Council of the City of California City considers various factors, including whether the proposed project would promote the health and welfare of the community.

1. Would the project promote the health and welfare of the community? The proposed facility is anticipated to generate up to 75 jobs across multiple shifts. Hiring for these positions will prioritize the selection of candidates from within the city. The proposed use of the land is subject to strict regulations regarding noise, odor, emissions, and waste disposal, as stipulated in the California City Municipal Code. The applicant has submitted an initial study (Attachment 3) outlining measures to ensure compliance with various regulations. During the site plan review phase, staff will request right of way dedications, easements, road paving with acceleration and deceleration lanes, landscape, and public utility improvements. Based on our assessment, we believe that this project will provide a positive impact on the community and enhance the welfare and health of both citizens and the city.

2. Would the proposed land use designations be consistent with the General Plan’s longterm vision for development? The zoning map (Figure 1) portrays a cluster of M1-Light industrial plots situated on the Northern side of California City Blvd, adjacent to the project site. This location has already established itself as an industrial hub along the City's arterial road. The General Plan's longterm objectives encourage new industrial development to locate adjacent to existing industrial uses and along major transportation corridors, rail corridors, and in close proximity to the airport. The project is located in an established industrial area that also serves as a significant transportation route. This location aligns perfectly with the General Plan's long-term vision for development in existing industrial clusters. Therefore, the staff believes that the project aligns with the General Plan's objectives and long-term vision for development.

3. Would the requested amendments be consistent with the goals and policies of the General Plan?
The efficacy of a development project rests on its compatibility with the surrounding land uses. The General Plan acknowledges this and promotes the development of parcels that complement and operate in concordance with the neighboring properties. The General Plan also endorses the accommodation of new development that is compatible with and complements existing land uses within the General Plan planning area. It advocates the encouragement of commercial, industrial, and government entities that create sustainable 165 - 295 February 13, 2024
employment opportunities in compliance with the environmental standards for the city and the region. Given the existence of an industrial cluster proximate to this project, rezoning this parcel is a logical course of action that aligns with the objectives and policies delineated in the General Plan. Consequently, the staff is confident that this project is entirely consistent with the goals and policies of the General Plan.

4. Would the amended land uses designations be compatible with the surrounding land use designations?
In light of the existing industrial cluster in proximity to the proposed project, it is deemed appropriate to rezone the parcel of land in accordance with the objectives and policies of the General Plan. The staff is in agreement that the project would be compatible with the surrounding land use designations.

DISCUSSION
The proposed project aims to rezone a 9.78-acre parcel of land from Open Space, Residential, and Agriculture (ORA) to Light Industrial (M1) zone without requesting site plan or building plan approvals at the moment. To ensure proper compliance, each department will prepare a detailed list of conditions consistent with rules set forth by the City and State pertaining to cannabis-related industries. The applicant has provided a conceptual site plan, and a preliminary analysis of infrastructure facilities has been conducted.

Electricity: Power will be supplied through the use of a CARB-certified generator on-site, which will operate continuously until the extension of transmission infrastructure is available to the City from Southern California Edison (SCE).

Water: Water supply will be sourced from large-scale water storage tanks as water infrastructure is currently unavailable at the project site. Water disposal will be through a commercial subsurface sewage disposal system.

Odor control devices will be incorporated to ensure that the odor from the cannabis facility is not detectable off-site. The project will conform to the industry regulations and the standards outlined in Title 7, Chapter 2 within California City.

Circulation: During the site plan review acceleration, deceleration lanes, dedications of roadway, easements, public-rights-of-way etc. will be made a condition of approval from the City.

ENVIRONMENTAL REVIEW:

The proposed project underwent an environmental review. A Mitigated Negative Declaration (MND) was created by analyzing the Initial Study and biological resources assessment document, and the project was subject to a public review and comment period through the Ceqanet database and the Kern County Clerk. The public review period spanned from November 27, 2023, to January 19, 2024.
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RECOMMENDATION
After conducting a thorough analysis, the staff recommends that the City Council of the City of California City approve GPA ZC 21-07 to rezone the parcel to M1-Light Industrial since the project aligns with the immediate vicinity's other industrial parcels. The City will monitor compliance with all regulations during the site plan and building plan analysis phase. It is worth noting that the proposed project only allows for a zone change to the parcel and does not include any approvals for site plans or building plans.

ATTACHMENTS:

1. Ordinance No. 24-810 recommending approval of the project ZC GPA 21-07.

2. Signed Planning Commission Resolution No GPA ZC 21-07

3. Initial Study and Mitigated Negative Declaration for Calrox II Inc. 167 - 295 February 13, 2024
ORDINANCE NUMBER 24-810

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, COUNTY OF KERN, STATE OF CALIFORNIA, APPROVING ZONE CHANGE NO. 21-07 CHANGING THE ZONE ON THE GENERAL PLAN LAND USE MAP AND

ZONING MAP FROM OPEN SPACE RESIDENTIAL AGRICULTURE (ORA) TO LIGHT INDUSTRIAL (M1) FOR A 9.78-ACRE SITE LOCATED ON CALIFORNIA CITY BLVD (APN: 225-201-12) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, the applicant, the applicant, Henrik Sargsyan, has initiated a Zone Change, No. 21-07 to the General Plan Land Use and Zoning Map from Open Space Residential Agriculture (ORA) to Light Industrial (M1) in order to construct and operate a cannabis industry on a parcel located on California City Boulevard, California City, California 93505 (APN:225- 201-12);; and
WHEREAS, on December 19, 2023, the Planning Commission conducted a regularly scheduled and legally noticed public hearing for Zone Change 21-07, including General Plan Amendment No. 21-07(ZC GPA 21-07) for the Project. This public hearing was continued to a special Planning Commission Meeting on December 28, 2023, and the Planning Commission recommended approval of the proposed Project after considering public testimony and accompanying documents; and
WHEREAS, the City of California City, 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, a Notice of Intent to Adopt the Initial Study and Mitigated Negative Declaration identifying the scope of environmental issues was distributed to numerous State, federal, County and local agencies and organizations for a thirty (30) day review from December 20, 2023 through January 19, 2024, 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 California City and are deemed adequate for purposes of making decisions on the merits of the proposed Project ‘CALROX II’ and accompanying actions; and
WHEREAS, on February 13, 2024, the City Council conducted a duly noticed public hearing on the proposed Zone Change No. 21-07 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 California City as follows:

ATTACHMENT 1
168 - 295 February 13, 2024
Section 1. The above recitals are all true and correct.

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. 21-07. 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. 21-07 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 additional industrial options which is consistent with the goals, policies and objectives of the General Plan.

(b) The proposed Zone Change No. 21-07 will not adversely affect surrounding properties.

The proposed Zone Change No. 21-07 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 13th day of February 2024, by the City of California City.
______________________________
Kelly Kulikoff, Mayor
_______________________________
Socorro Chavez, City Clerk
169 - 295 February 13, 2024
I, Socorro Chavez, City Clerk of the City of California City, California, do hereby certify that the foregoing Zoning Code Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of California City on this13th day of February 2024, 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 City of California City on 13th day of February 2024
______________________________
Socorro Chavez, City Clerk
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RESOLUTION NO. GPA ZC 21-07

CALROX II

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA

CITY RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY ADOPT A ZONE CHANGE ZC 21-07 AND GENERAL PLAN AMENDMENT GPA 21- 07 TO CHANGE THE ZONING AND GENERAL PLAN DESIGNATION FOR ONE LOT FROM O/RA TO M-1 – LIGHT INDUSTRIAL. (APN: 225-201-12)

THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA CITY HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the City Council of California City adopted the 2015-2035 General Plan on June 21, 2016; and
WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of California City; and WHEREAS, an application was filed by Henrik Sargsyan requesting approval of the following:

1. General Plan Amendment GPA 21-07. Change the land use designation from O/RA Open Space, Residential, Agriculture to M-1 Light Industrial Zone.

2. Rezone ZC 21-07. A rezoning to change the zoning classification from O/RA – Open Space/Residential Agriculture to M-1 Light Industrial Zone.

WHEREAS, in accordance with state law, on or before December 05, 2023, the City of California City Planning Department published a legal notice concerning the requested land use amendments in the Mojave Desert News, a local newspaper of general circulation, regarding the City of California City Planning Commission meeting of December 19, 2023. This item was continued to a special Planning Commission meeting on December 28, 2023.

WHEREAS, on December 19, 2023, the Planning Commission conducted a duly noticed public hearing, at which time public testimony was taken concerning the proposed General Plan amendment and rezone.

SECTION 1. FACTS:

The Planning Commission finds, determines and declares:

I. A duly-noticed public hearing has been conducted to consider the matter;

2. Resolution No GPA ZC 21-07 will be forwarded to the City Council for their consideration;

3. This amendment will not result in any significant adverse environmental impacts;

4. This amendment will promote the welfare of the community;

5. This amendment is consistent with the general plan and the City's zoning ordinance.

SECTION 2. FINDINGS:

A. Finding: The cumulative effect of all the planning applications have been considered.

Facts in Support of Findings: The cumulative effects of Zone Change 21-07 and General Plan Amendment GPA 21-07 have all been considered. The rezoning request meets the California Environmental Quality Act (CEQA) and the City's environmental procedures.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of California City does hereby recommend approval of Zone Change 21-07 and General Plan Amendment 21- 07 for one lot. The parcel is located on California City Boulevard, CA 93505 (APN: 225-201-12). 171 - 295 February 13, 2024
SECTION 3.

In view of all the evidence and based on the foregoing findings and conclusions, the City of California City Planning Commission, upon motion by Commissioner Kim Welling and seconded by Commissioner Ralph Cantrell hereby approves a Resolution No GPA ZC 21-07 recommending approval of the project to the City Council, City of California City subject to the conditions listed above and carried by the following vote:

AYES: COMMISSIONERS: Welling, Cantrell, Dunham
NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS: Fair, Conry
ABSTAIN: COMMISSIONERS:

PASSED, APPROVED, AND ADOPTED this 28th day of December 2023.

Chair of the Planning Commission ____________________________ ATTEST:

Secretary of the Planning Commission
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February 13, 2024

COUNCIL AGENDA ITEM
February 13, 2024
Prepared by: Anu Doravari, Planning Consultant
Subject: Request for General Plan Amendment and Zone Change 22-04 (GPA ZC 22-04) SUBJECT: Proposal for General Plan Amendment (GPA 22-04) and adoption of Zoning Amendment (ZC 22-04) for the property located at 10856 Hanover Drive (APN 210-263-14) to amend the General Plan designation from “Neighborhood Commercial” to “Light Industrial and Research” and to rezone the property from “Neighborhood Commercial (C-1)” to “Light Industrial (M-1)” to accommodate the existing Padron Metal Finishing Company.

RECOMMENDED ACTION: (DENIAL - Attachment A)
Adopt Ordinance No. 24-812 GPA ZC 22-04, thereby denying the request for General Plan Amendment GPA 22-04 and rezone ZC 22-04 for Padron Metals Finishing Co located at 10856 Hanover Drive, California City CA 93505.

ALTERNATIVE ACTION: (APPROVAL – Attachment B)
If the City Council supports the requested General Plan amendment and rezone approving Ordinance No. 24-811, then the City Council may identify the basis for such support, including why the General Plan amendment and rezone are appropriate.

Property Owner: Daniel Padron
Applicant: Ivan Padron
Location: 10856 Hanover Dr California City CA 93505
Assessor’s Parcel Numbers: 210-263-10
Lot Size: ± 9,930.88 sq. ft.

Gross Building Area: ~ 3200 sq. ft.

Current Zoning: C1 – Neighborhood Commercial
Proposed Zoning: M1 – Light Industrial
BACKGROUND:

The applicant submitted an application for a zone change from the current "Neighborhood Commercial (C-1)" designation to "Light Industrial (M-1)" to conduct industrial operations at an existing commercial building located on Hanover Drive in California City. The proposed amendments were presented to the Planning Commission on March 15, 2023. At the direction of the Commission, the City staff expanded the scope of the proposed amendments at the Planning Commission's request to include not only the subject parcel (Padron Metals) but also five other adjacent parcels, from C1- Community Commercial to M1- Light Industrial. The revised proposal was presented to the Planning Commission on April 18, 2023, and the Commission directed the staff to conduct further research and provide additional evidence to support their recommendation (Staff categorically recommended denial of this project). Recently, at the Planning Commission meeting on December 19, 2023, staff presented the proposed amendments along with the requested evidence behind their recommendation to deny this application. However, the Planning Commission opened the public hearing and took into consideration the evidence presented before voting to approve the zone change request of the Padron PH 3.
175 - 295 February 13, 2024
Metals parcel along with 5 adjacent parcels. (Attachment 1 – Signed Planning Commission Resolution recommending approval to the City Council).

Figure 1: APN map
Figure 2: Aerial view of the project
Figure 3: Aerial view of the project and proposed 5 parcels for rezone.

APN Lot
Size
sq.ft.

Occupancy
210-263-10 11,249 Vacant
210-263-11 10,527 Vacant
210-263-12 10,182 Vacant
210-263-13 10,277 Vacant
210-263-14 9,930 Built (C1)
210-263-15 10,530 Vacant
176 - 295 February 13, 2024
Nature of Surrounding parcels around Padron Metals Finishing Co APN: 210-263-14 Existing Zoning Proposed Zoning Occupancy
North C1- Neighborhood
Commercial
C1- Neighborhood Commercial vacant
South O/RA – Open Space,
Residential Agriculture
C1- Neighborhood Commercial vacant
East C1- Neighborhood
Commercial
M1-Light Industrial vacant
West C1- Neighborhood
Commercial
M1-Light Industrial vacant
Figure 4: Existing Land Use Map
Figure 5: Proposed Land Use Map
Existing Zoning
C1- Neighborhood
Commercial
RM1/RM2-
High Density
Residential -
2 D.U. to 20
D.U./1 Acre
R1- Medium
Density
Residential -
6D.U./1
Acre(sewered) - 2
D.U./1 Acre
(unsewered)
RM1/RM2-
High Density
Residential - 2
D.U. to 20
D.U./1 Acre
C1-Neighborhood
Commercial
C4- Service
Commercial
Proposed
Zone – M1 –
Light Industry
177 - 295 February 13, 2024
The project site is currently zoned Neighborhood Commercial by the General Plan, a designation that includes commercial retail uses serving a neighborhood area, limited general office use, single commercial uses or small scale neighborhood shopping centres. The Neighborhood Commercial (C-1) allows a wide range of smaller scale commercial and service uses that support the neighborhood and the community. The proposed use, metal plating, is not identified specifically in the City’s allowed use table (Figure 6 below), but appears to be incompatible with the current use designations. The most closely related uses appear to be Chemicals and Allied Products or Primary Metal Industries, uses that are both allowed in the Light Industrial (M-1) zone subject to approval of a conditional use permit. In order to secure approvals to continue operations at 10856 Hanover Drive, the applicant has requested the property designations be amended to Light Industrial and Research and be rezoned to Light Industrial (M-1).

Figure 6: Land Use Compatibility Table

ANALYSIS
The amendment of the General Plan constitutes a legislative action, which precludes the City from being bound to approve the applicant's requested General Plan amendment. After an exhaustive review of the project location (94 feet from California City Blvd), current land use designations, existing development patterns, existing uses, and existing lot sizes, staff has determined that the requested amendments fail to align with the General Plan, the planning expectations for the project site, or the overall interests of the community. Specifically, based on a comprehensive review of the project and the circumstances of the request, we recommend denying the request for the following reasons:

I. Hazardous chemical storage and usage
Applicant has produced an inventory (Attachment 3) which shows the usage and storage of the following Chemicals on-site for daily operations:
a. Hydrochloric acid (7647010) - 110 Gallons;
b. Nitric acid 10-20% ( 7697372 ) - 110 Gallons;
c. Potassium Permanganate(7722647) – 600 pounds;
d. Sodium Hydroxide (1310732) – 250 pounds; and
e. Sulfuric Acid (7664939) 110 Gallons.

The State of California has designated all the chemicals in the list provided above to be hazardous.

The applicant has also submitted a permit from the Kern County Public Health Department (Attachment 7) which is merely a reporting entity and does not play a role in regulating these hazardous substances. However, the City is accountable for guaranteeing the health and safety of its 178 - 295 February 13, 2024
inhabitants. Given the substantial quantities of hazardous materials employed in daily operations, it is not recommended to authorize this rezoning application to establish an industrial zone in a populated residential neighborhood.

II. Circulation
The property under consideration is situated on Hanover Drive, located 94 feet North-east of California City Boulevard. In the event of an accident, it would pose a significant risk to the city, which would require evacuation of a minimum distance of a ½ mile radius surrounding the property.

This evacuation could result in the closure of California City Boulevard, which serves as the main arterial roadway for the city. The boulevard is an essential transportation route through the western and southern portions of the city, classified as part of the National Highway System, and provides access from SR-14 and SR-58 to the city. As such, it represents a crucial entry point to the city, and its importance cannot be overstated. Therefore, it is not recommended to allow a hazardous metals industry at this location as it does not align with the community's vision for this entry point.

III. FEMA Zone A Floodplain
Figure 8: FEMA Map
The subject parcel falls within FEMA floodplain Zone A and lacks a corresponding elevation certificate. While the existing structure on the premises was approved for a commercial building, hazardous material operations are not acceptable on this site since it is situated on the fringes of a FEMA flood plain. In the event of a chemical spill, the likelihood of chemical infiltration into the floodplain is heightened, carrying with it the potential to contaminate floodplains throughout the City and County.
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Cache Creek, April 24, 2023
The aforementioned image serves as a poignant reminder of Cache Creek's high water volumes, underscoring the need for caution when dealing with parcels situated within federally designated flood ways. The property in question is situated on the periphery of a floodway designated by FEMA.

Given the nature of activities conducted at the project site, a flood in the area could have severe ramifications, potentially resulting in hazardous chemicals being carried into the groundwater systems of the region. It is, therefore, imperative that such risks be thoroughly evaluated to safeguard the area and its inhabitants.

Sewer:

The current project site lacks any available sewer systems. Wastewater from the restrooms and pantry of the existing commercial building is currently disposed of using a subsurface seepage pit. The applicant has proposed a zero wastage water system for their operations, as outlined in attachments 5 and 6. However, the provision of certificates for waste hauling services appears contradictory.

Furthermore, the City is unable to monitor the type of wastewater that the applicant disposes of into their subsurface seepage pit. In the event that the applicant ceases to pay for waste hauling services, there is the potential for wastewater to be disposed of into the subsurface pit, which can lead to contamination of the groundwater in and around the region, with grave consequences for the City and its surrounding regions.

GENERAL PLAN COMPATIBILITY ANALYSIS:

1. Would the project promote the health and welfare of the community? Upon careful examination of the evidence, it has been determined that the proposed project would not promote the health and welfare of the community. As illustrated in Figure 7, the land use designations within a ½ mile radius of the project site show a conspicuous absence of industrial clusters, with the majority of land use being strictly residential or small-scale commercial. As such, it is evident that the proposed project, alongside five neighbouring parcels being rezoned to an industrial use, would not serve the best interest of the community. Furthermore, Figure 7 provides a comprehensive view of the surrounding residential community in the project vicinity, highlighting the established character of the area.
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Figure 7: ~ ½ mile radius around project site

2. Would the proposed land use designations be consistent with the General Plan’s long-term vision for development?
The staff has arrived at the conclusion that the proposed project is not congruent with the longterm objectives of the General Plan. The General Plan underscores the significance of developing land uses that align with the existing General Plan land use designations. Furthermore, it aims to accommodate new development that complements the existing land uses and encourages the development of industrial activities within the central core area. However, it is important to note that industrial activities may not be compatible with residential uses, and certain separation or buffer zones between these activities may be necessary. The project area has been primarily designated for residential and small commercial uses, which may not be compatible with industrial activities.

Additionally, industrial uses necessitate larger parcel sizes, which is not feasible in the project area.

3. Would the requested amendments be consistent with the goals and policies of the General Plan?
Upon review, the staff has determined that the proposed project does not align with the goals and policies of the General Plan. This conclusion is based on the fact that the General Plan specifies the designation of Neighborhood Commercial for the purpose of developing commercial retail uses catering to a neighborhood area. In addition to this, the plan allows for limited general office use in the same designation. It further specifies that commercial business activities may be a single commercial use or a small-scale neighborhood shopping center. It is crucial to ensure consistency with C-1 zoning. Moreover, the General Plan permits the development of a low-density "village-like" center or traditional downtown area in the central core area surrounding regional transit points. This area is intended to be a focal point of activity, including retail commercial, professional office, and moderate-density residential units. The density should gradually decrease as one moves away from the center. The staff has concluded that the approval of the proposed zone change at the current location would impede the neighborhood character of the community. It would also discourage further residential development due to the proximity to an industrial zone. Therefore, it is recommended that the proposal be rejected to ensure alignment with the goals and policies of the General Plan.

4. Would the amended land uses designations be compatible with the surrounding land use designations?
After conducting a comprehensive evaluation of the proposed project, the staff has concluded that it deviates from the goals and policies outlined in the General Plan. The General Plan defines "Neighborhood Commercial" as land designated for the development of retail businesses that serve a particular neighborhood, with limited scope for general office usage. This could include a small-scale neighborhood shopping center or a single commercial establishment. Furthermore, the General Plan allows for the establishment of a low-density "village-like" center in the central core area surrounding regional transit points. Such a center would consist of retail stores, commercial spaces, moderatedensity housing, and other similar uses. The proposed zone change at the site under consideration could have far-reaching consequences for the neighborhood. Specifically, it could significantly alter 181 - 295 February 13, 2024
the area's character and discourage further residential development due to its proximity to an industrial zone. As such, the staff does not recommend approving the proposed zone change, as it would not be in line with the General Plan's objectives.

Existing Uses: Like much of California City, development in the project area has occurred sporadically with most parcels surrounding the project remaining undeveloped. Across Hanover Drive from the project site is Cal City TV and Appliances and approximately 900 feet northwest on California City Boulevard in an auto service/oil change facility. Both of these uses appear consistent with the Neighborhood Commercial designation. The remaining uses in the project vicinity are all single family homes.

Existing Lotting Pattern: Similar to other areas in the core of California City, land in the project vicinity was subdivided prior to proposals for development. Lots in the project vicinity are approximately 10,000 square feet in size. Lots of this size would typically be associated with single family homes or small-scale commercial. While there are industrial uses that fit on lots of this size, although they are not typical and do not contribute to the objective or intent of the General Plan.

ENVIRONMENTAL REVIEW:

Staff recommends that the City Council deny the applicant’s request for General Plan amendment and rezone. In cases where the proposed action is denial of a request, no review under the California Environmental Quality Act (CEQA) is required. However, the project was submitted to the Ceqanet database for a 30-day public review which concluded on November 27, 2023. Upon Planning Commission approval the project was submitted to the Kern County Clerk on December 20, 2023, and completed the 30-day public review period on January 19, 2024.

RECOMMENDATION:

RECOMMENDED ACTION: (DENIAL - ATTACHMENT A)
Adopt Ordinance GPA ZC 22-04, thereby denying the request for General Plan Amendment GPA 22- 04 and rezone ZC 22-04 for Padron Metals Finishing Co located at 10856 Hanover Drive, California City CA 93505.

ATTACHMENTS:

1. ATTACHMENT A & B - Ordinance No. 24-812 & 24-811

2. ATTACHMENT 1 – Signed Planning Commission Resolution GPA ZC 22-04

3. ATTACHMENT 2 – Waste analysis plan, Emergency response plan

4. ATTACHMENT 3 – Hazardous chemicals inventory

5. ATTACHMENT 4 – Interior Plan and Site Plan

6. ATTACHMENT 5 – Zero Discharge waste water plan

7. ATTACHMENT 6 – Hazardous Materials Certificate issued to Miles Chemical Company, Arleta, CA 91331

8. ATTACHMENT 7 – Kern County public health and services department certificate issued to Padron Metals Finishing Co

9. ATTACHMENT 8 - Quality management systems certification

10. ATTACHMENT 9 – Dept. of Toxic Substances Control Certification issued to Miles Chemical Company, Arleta, CA 91331

11. ATTACHMENT 10 - Operations Plan

12. ATTACHMENT 11 - Initial Study/ Negative Declaration CEQA Document 182 - 295 February 13, 2024
ORDINANCE NUMBER 24-812

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA

CITY, COUNTY OF KERN, STATE OF CALIFORNIA, DENYING ZONE CHANGE NO. 22-04 CHANGING THE ZONE ON THE GENERAL PLAN LAND USE MAP AND ZONING MAP FROM NEIGHBORHOOD COMMERCIAL (C1) TO LIGHT INDUSTRIAL (M1) FOR 6 PARCELS LOCATED ON HANOVER DRIVE, CITY OF CALIFORNIA CITY , CALIFORNIA CA 93505 (APN’S: 210- 263-10, 11, 12, 13, 14, 15) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, the applicant, the applicant, Padron Metal Finishing Co. initiated Zone Change No. 22-04 to the General Plan Land Use and Zoning Map from Neighborhood Commercial (C1) to Light Industrial (M1) for 6 parcels located on Hanover Drive in the City of California City, California CA 93505 (APNs: 210-263-10,11,12,13,14,15); and WHEREAS, on December 19, 2023, the Planning Commission conducted a regularly scheduled and legally noticed public hearing for Zone Change 22-04, including General Plan Amendment No. 22-04 (ZC GPA 22-04) and recommended approval after considering public testimony and accompanying documents; and WHEREAS, the City of California City, 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, a Notice of Intent to Adopt the Initial Study and Mitigated Negative Declaration identifying the scope of environmental issues was distributed to numerous federal, state, and local agencies for a thirty (30) day review between December 20, 2023 through January 19, 2024, 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 California City and are deemed adequate for purposes of making decisions on the merits of the proposed Zone Change No. 22-04 and accompanying actions; and
WHEREAS, on February 13, 2024, the City Council conducted a duly noticed public hearing on the proposed Zone Change No. 22-04 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 California City as follows:

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

ATTACHMENT A
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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. 22-04. 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. 22-04 is not consistent with the goals, policies, and objectives of the General Plan.

The amendment is not consistent with the land use goals, policies, and objectives of the General Plan as it will not provide the City with additional industrial options, and non-residential, service-oriented development to service residents, which is not consistent with the Housing Element and Economic Development goals, policies and objectives of the General Plan.

(b) The proposed Zone Change No. 22-04 will adversely affect surrounding properties.

The proposed Zone Change No. 22-04 will 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 denial of this Zone Change.

PASSED, DENIED this February 13 2024, by the City of California City. ______________________________
Kelly Kulikoff, Mayor
_______________________________
Socorro Chavez, City Clerk
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I, Socorro Chavez, City Clerk of the City of California City, California, do hereby certify that the foregoing Zoning Code Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of California City on this 13th day of February 2024, 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 City of California City on the 13th day of February 2024 ______________________________
Socorro Chavez, City Clerk
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ORDINANCE NUMBER 24-811

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA

CITY, COUNTY OF KERN, STATE OF CALIFORNIA, APPROVING ZONE CHANGE NO. 22-04 CHANGING THE ZONE ON THE GENERAL PLAN LAND USE MAP AND ZONING MAP FROM NEIGHBORHOOD COMMERCIAL (C1) TO LIGHT INDUSTRIAL (M1) FOR 6 PARCELS LOCATED ON HANOVER DRIVE, CITY OF CALIFORNIA CITY , CALIFORNIA CA 93505 (APN’S: 210- 263-10, 11, 12, 13, 14, 15) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, the applicant, the applicant, Padron Metal Finishing Co. initiated Zone Change No. 22-04 to the General Plan Land Use and Zoning Map from Neighborhood Commercial (C1) to Light Industrial (M1) for 6 parcels located on Hanover Drive in the City of California City, California CA 93505 (APNs: 210-263-10,11,12,13,14,15); and WHEREAS, on December 19, 2023, the Planning Commission conducted a regularly scheduled and legally noticed public hearing for Zone Change 22-04, including General Plan Amendment No. 22-04 (ZC GPA 22-04) and recommended approval after considering public testimony and accompanying documents; and WHEREAS, the City of California City, 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, a Notice of Intent to Adopt the Initial Study and Mitigated Negative Declaration identifying the scope of environmental issues was distributed to numerous federal, state, and local agencies for a thirty (30) day review between December 20, 2023 through January 19, 2024, 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 California City and are deemed adequate for purposes of making decisions on the merits of the proposed Zone Change No. 22-04 and accompanying actions; and
WHEREAS, on February 13, 2024, the City Council conducted a duly noticed public hearing on the proposed Zone Change No. 22-04 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 California City as follows:

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

ATTACHMENT B
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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. 22-04. 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. 22-04 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 additional industrial options, and nonresidential, service oriented development to service residents, which is consistent with the Economic Development goals, policies and objectives of the General Plan.

(b) The proposed Zone Change No. 22-04 will not adversely affect surrounding properties.

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

APPROVED AND ADOPTED this 13th day of February 2024, by the City of California City.
______________________________
Kelly Kulikoff, Mayor
_______________________________
Socorro Chavez, City Clerk
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I, Socorro Chavez, City Clerk of the City of California City, California, do hereby certify that the foregoing Zoning Code Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of California City on this 13th day of February 2024, 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 City of California City on the 13th day of February 2024 ______________________________
Socorro Chavez, City Clerk
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RESOLUTION NO. GPA ZC 22-04

PADRON METAL FINISHING CO

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA

CITY IS RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY ADOPT A ZONE CHANGE ZC 22-04 AND GENERAL PLAN AMENDMENT GPA 22- 04 TO CHANGE THE ZONING AND GENERAL PLAN DESIGNATION FOR ONE LOT FROM C1-NEIGHBORHOOD COMMERCIAL TO M-1 – LIGHT INDUSTRIAL. (APN’S:
210-263-10,11,12,13,14,15)

THE PLANNING COMMISSION OF THE CITY OF CALIFORNIA CITY HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the City Council of California City adopted the 2015-2035 General Plan on June 21, 2016; and
WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of California City; and WHEREAS, an application was filed by Ivan Padron requesting approval of the following:

1. General Plan Amendment GPA 22-04. Change the land use designation from C1- Neighborhood Commercial to M-1 Light Industrial Zone.

2. Rezone ZC 22-04. A rezoning to change the zoning classification from C1-Neighborhood Commercial to M-1 Light Industrial Zone.

WHEREAS, in accordance with state law, on or before December 05, 2022, the City of California City Planning Department published a legal notice concerning the requested land use amendments in the Mojave Desert News, a local newspaper of general circulation, regarding the City of California City Planning Commission meeting of December 19, 2023.

WHEREAS, on December 19, 2023, the Planning Commission conducted a duly noticed public hearing, at which time public testimony was taken concerning the proposed General Plan amendment and rezone.

SECTION 1. FACTS:

The Planning Commission finds, determines and declares:

I. A duly-noticed public hearing has been conducted to consider the matter;

2. Resolution No 22-04 ZC 22-04 & GPA 22-04 will be forwarded to the City Council for their consideration;

3. This amendment will not result in any significant adverse environmental impacts;

4. This amendment will promote the welfare of the community;

5. This amendment is consistent with the general plan and the City's zoning ordinance.

SECTION 2. FINDINGS:

Finding: The cumulative effect of all the planning applications have been considered.

Facts in Support of Findings: The cumulative effects of Zone Change 22-04 and General Plan Amendment GPA 22-04 have all been considered. The rezoning request meets the California Environmental Quality Act (CEQA) and the City's environmental procedures.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of California City does hereby recommend approval of Zone Change 22-04 and General Plan Amendment 22-04 ATTACHMENT 1
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for 6 (six) parcels. The parcels are located on 10856 Hanover Drive in California City CA 93505 bearing APN’s: APN 210-263-10, 11, 12, 13, 14, 15).

SECTION 3.

In view of all the evidence and based on the foregoing findings and conclusions, the City of California City Planning Commission, upon motion by Commissioner Cantrell and seconded by Commissioner Dunham hereby approves a Resolution No GPA ZC 22-04 recommending approval of the project to the City Council, City of California City subject to the conditions listed above and carried by the following vote:

AYES: COMMISSIONERS: Cantrell, Dunham, Welling & Conry
NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS: Fair
ABSTAIN: COMMISSIONERS:

PASSED, APPROVED, AND ADOPTED this 19th day of December 2023.

Chair of the Planning Commission ____________________________ ATTEST:

Secretary of the Planning Commission
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ATTACHMENT 1

ATTACHMENT II
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ATTACHMENT
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ATTACHMENT III
ATTACHMENT ii
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ATTACHMENT III IV
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Type text here
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ZERO-DISCHARGE AND WASTE MINIMIZATION

FOR PADRON METAL FINISHING

ENVIRONMENTAL CONSIDERATIONS
Protecting the Sanitation Sewers: Keeping O&G and all other regulated parameters out of the sewer is guaranteed when there is no sewer discharge.

Conserving Water by Recycling: Instead of treating wastewater for discharge, rinsewater from the rinse tanks are continuously purified by deionization and recycled back to the same rinse tanks. Eventually, the DI systems are regenerated with hydrochloric acid and caustic soda. A large amount of rinsewater is recycled, certified hauler.

DI RINSEWATER RECYCLING
The rinsewater quality is far better incoming potable water in Total Dissolved Solids (TDS as estimated by EC in µS). There are no heavy metals in the rinsewater from any of the chemicals used in the anodizing process. The Safety Data Sheets (SDS) will confirm this.
1) One DI system recycles Alkaline rinsewater
2) The other DI system recycles Acidic rinsewater.
3) All the ions are absorbed by the Ion Exchange Resins to purify the water. 4) Eventually the IX capacity is exhausted and the resin require a regeneration. 5) The wastewater from the regeneration is accumulated for hauling along with other compatible wastewater.

ALL WASTEWATER IS HAULED AWAY
Without a sewer, ALL wastewater is hauled away including water from the DI regenerations..

Note: Ecosystems, Inc. has been recycling water and minimizing wastes to protect the environment for over 40 years.
929 Newhall Street Costa Mesa CA 92627 ecosystems, Inc. Phone: (949)646-9494 Fax: (949) 646-5557

ATTACHMENT V
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ATTACHMENT VI
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ATTACHMENT VII
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Padron Metal Finishing
10856 Hanover Dr., California City, CA 93505, USA
Chemical Processor for Aerospace, Defense, Automotive and Medical Device Industries.

Certificate No: 1114212
Certificate Decision/Re-Issue Date: 08/23/2022
Certificate Issue Date: 10/18/2021
Certificate Expiry: 10/17/2024
Site Structure: Single Site

ATTACHMENT VIII
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Hazardous Waste Transporter Registration Certificate
Hazardous Waste of Concern Transporter
Name and Address of Registered Transporter:

Miles Chemical Company Inc
12801 Rangoon St
Arleta, CA 91331 .

Transporter Registration Number: 3867
Effective Date: November 18, 2022
Expiration Date: November 30, 2023
This is to certify that the firm named above is duly registered to transport hazardous waste in the State of California in accordance with the provisions of Chapter 6.5, Division 20 of the Health and Safety Code and Title 22 of the California Code of Regulations, Division 4.5.

Authorized Signature Date
Name and Title of Authorized Representative: Mark Taylor, Staff Services Analyst This registration certificate must be carried with each shipment of hazardous waste. For registration information, please call 1-800-618-6942 or email [email protected].
11/18/22

ATTACHMENT IX
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Business Plan
Padron Metal Finishing is grateful for the opportunity to conduct business here in California City. We are currently located at 10856 Hanover, which we know is a perfect fit for our business. We are currently zoned C1 and would like to do a zone change to M1. Having been residents here for thirty-plus years we couldn't be happier to bring revenue and jobs to the city.

At Padron Metal Finishing we will be providing commercial and retail services. We plan on providing these services to the automobile, ATV industry, and machine shops, as well as the medical, aerospace, and military industries. In the metal finishing industry, there is a need for longevity in consumer products. Products need to survive a minimum of fifteen years without oxidation once the final assembly is complete. Our company would provide this protection for their products, right here in California City.

The need for metal finishing has been around since the 1950s. Metal finishing started out as a protective finish for military products, then continued into the medical field. Currently, the majority of our work is in the aerospace, military, and automobile industry. Many of these products are finished with a protective coating, which we would provide. Metal finishing has become part of many different industries and only continues to grow and prosper. We know this is a lucrative area of business and are confident this would be a great addition to the city.

Padron Metal Finishing would be servicing and repairing products for companies through commercial work, and customers who choose to get their products serviced at our walk-up counter. We would love to provide our services to the avid car, motorcycle, and ATV enthusiasts that pass-through town or to our fellow neighbors. We have provided services to many popular ATV and motorcycle companies such as Radflo Suspension, King Shock, Fox suspension, and Motorsports. Given that we are located near many military and aerospace companies, we have the perfect location to provide services to these companies as well. There are little to no metal finishing businesses located within a reasonable range for these industries which make Padron Metal Finishing highly sought after.

Initially, we plan to do commercial applications through military specifications. We will then get accreditations to obtain prime contracts. Some examples are Boeing, Lockheed Martin, and Airbus. Accreditations like ISO9001 and NADCAP allow us to be a step above competitors and sought after solely for those accreditations. One accreditation that we have already aquired is the AS9100/ISO9001. I, Ivan Padron, founder, and President have been in the industry for ATTACHMENT 10
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over thirty years. I have existing contacts that will bring patented military products as well as commercial products to my business.

Our main source of income will come from Anodize type II and Chemical conversions. I predict Anodize type II will bring in $700,000 a year and Chemical conversions will bring in $180,000 a year. The hours of operation will be Monday through Friday, 8am to 5pm. I plan on having a team of twelve employees which will bring my payroll to $28,800 a month. Our utilities will cost $3,000 monthly. Raw goods will be $5,000 monthly. Workers' comp and insurance will be $3,000. Our cash flow will be $1,000,000. My investment in the company will be $500,000. In addition, most, if not all employees plan on buying or renting homes to become fellow residents and neighbors.

We are eager and excited to begin this process and bring our business to California City. If there are any additional questions or concerns you may have, I can be reached by phone at 714-884-8561 or by email at [email protected]. I look forward to hearing from you and doing business in town.

Thank you,
Ivan Padron
Padron Metal Finishing, Company
Owner and President
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Preparation of an IS/MND for a
GPA 22-04 and ZC 22-04 for property located at APNs: 210-263-11 thru –15 and the existing business
at 10856 Hanover Drive to amend
the designation of “Neighborhood
Commercial” to “Light Industrial:

Non-Cannabis” and to rezone the
property from Neighborhood Commercial (C-1)” to “Light Industrial:

Non-Cannabis (M-3) to accommodate the existing Padron Metal Finishing Company use, all within California City.

Rush Environmental, LLC
PREPARED BY:

Rush Environmental, LLC
Adam B. Rush, M.A., AICP
12672 Limonite Avenue
Suite 3E-112
Eastvale, CA, 92880
C: (951) 833-0878
[email protected]
PROJECT TITLE:

Submitted: October 24, 2023
ATTACHMENT 11
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