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HomeMy WebLinkAboutORD NO 3592ORDINANCE NO...$ 5 9 2 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 103-12 BY CHANGING THE ZONING OF 13.59 ACRES GENERALLY LOCATED IN NORTHEAST BAKERSFIELD APPROXIMATELY ONE MILE SOUTHEAST OF ALFRED HARRELL HIGHWAY AND ONE AND ONE-HALF MILES NORTH OF THE INTERSECTION OF STATE HIGHWAY 178 AND FAIRFAX ROAD FROM R-S-10A (RESIDENTIAL SUBURBAN TEN- ACRE MINIMUM LOT SIZE) TO A (AGRICULTURE) ON 13.59 -+ ACRES. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located in northeast Bakersfield approximately one mile southeast of Alfred Hartell Highway and one and one-half miles north of the intersection of State Highway 178 and Fairfax Road; and WHEREAS, by Resolution No. 10-94 on April 7, 1994, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve A (Agriculture) as delineated on attached Zoning Map No. 103-12 marked Exhibit "B", by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from R-S-10A (Residential Suburban ten-acre minimum lot size) to A (Agriculture) and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 4, 1994, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows LR (Low Density Residential), R-MP (Resource-Mineral Petroleum), P-SW (Public-Solid Waste Facility) and OS-S (Open Space-Slopes exceeding 30%) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. That proposed Zone Change No. 5542 is consistent with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning with mitigation will not have a significant adverse effect on the environment. 5. Mitigation measures and conditions of approval attached to the project as Exhibit "A" are included in the project to minimize and/or mitigate impacts, and to ensure that the density allowed by the general plan is not exceeded. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 103-12 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to mitigation measures and conditions of approval listed in attached Exhibit "A". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... 000 ......... 2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted ~!~h0e Council of the City of Bakersfield at a regular meeting thereof held on ! 199~ , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 0 ! 1,~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield Laura Marino, Assistant City Attorney RED:pjt April 28, 1994 res\o194s2.cc EXHIBIT "A" Conditions of Approval General Plan Amendment 1-94, Segment H Zone Change 5542 The following conditions shall be applicable only if the cogeneration facility (Conditional Use Permit No. 5548) is approved. Planning: Location of sound walls and berms and/or a combination of soundwalls and berms shall be constructed in accordance with Figure 1. Other noise attenuation features including but not limited to acoustical equipment packages, strategic equipment location and acoustically designed attenuation devices shall be located within the cogeneration facility site. 2. The building setback from the north property line shall be a minimum of not less than 95 feet. 3. A soundwall shall be constructed at a distance of 95 feet south of the north property line. The transportation route for the delivery of hazardous materials has been determined by the Hazardous Materials Coordinator of the City of Bakersfield Fire Department and all transportation of hazardous materials shall be by said route. (Figure 2) 5. Access to the cogeneration facility site shall be via Camino Grande. Soundwalls and berms or a combination of soundwalls and berms shall be constructed around the perimeter of the cogeneration facility site and such soundwalls/berms shall be designed so as to reduce the decibel level to 65 dB at property boundary. Exterior lighting fixtures shall be of the directional type and shall be focused toward the interior of the cogeneration facility. Pole mounted lighting fixtures shall be no higher than the 25 feet. The U.S. Fish and Wildlife Service (USFWS), and the California State Department of Fish and Game (CDFG) shall be contacted and the recommendations of these agencies regarding the need for consultation pursuant to the respective endangered species acts shall be met. (Mitigation) Bear Mountain Limited will incorporate all requirements of the appropriate agencies into the final project design plans. Additionally, the progress of the Metropolitan Bakersfield Habitat Conservation Plan (MBItCP) will be monitored for consistency with the final project design plans. (Mitigation) Project area boundaries shall be clearly delineated by stakes, flagging, and/or rope or cord to minimize inadvertent degradation or loss of adjacent wildlife habitats during project construction. (Mitigation) 10. All equipment storage and parking during project construction shall be confined to the project staging area on-site or to previously disturbed off site areas that do not provide habitat for listed species. Boundaries of parking and storage areas shall be clearly delineated using stakes, flagging, and/or rope or cord. (Mitigation) 11. Bear Mountain Limited shall post signs around the site to restrict access of vehicles and equipment unrelated to project activities. Speed limits of 20 miles per hour will be posted and strictly enforced on all roads not included in the county or city right of ways. (Mitigation) 12. Bear Mountain Limited shall designate a specific individual as a contact representative between Bear Mountain Limited, USFWS, and CDFG to oversee compliance with protection measures detailed in the mitigation program. Bear Mountain Limited shall provide written notification of Exhibit "A" GPA 1-94, Seg. II ZC 5542 Page 2 13. 14. 15. 16. 17. 18. 19. the contact representative to CDFG and USFWS within 30 days of permit issuance by USFWS. Written notification shall also be provided by Bear Mountain Limited to CDFG and USFWS during any future times that the design is changed due to position transfer or other reasons. (Mitigation) The net acreage of habitat lost to the permanent development and temporary disturbance of the facility shall be compensated as directed by the lead agency or agencies. (Mitigation) The use of rodenticides shall be restricted to those approved by USFWS and CDFG within the project areas. (Mitigation) A pre-construction survey shall be conducted by a qualified biologist 14 days prior to construction of the cogeneration facility or any associated facilities. (Mitigation) Dens, burrows and plants to be avoided will be flagged with fluorescent pink terminal wire pin flags and shah be avoided by all forms of disturbance, except for foot travel, if possible. (Mitigation) All known and potential San Joaquin kit fox dens within the specified disturbance zone which shall be unavoidably destroyed by the proposed project, or kit fox dens outside the disturbance zone if otherwise authorized, shall be excavated pursuant to conditions described below prior to the onset of ground disturbing activities. Excavation of kit fox dens shall not proceed without authorization from USFWS and CDFG as required by the interim MBHCP guidelines. Prior to destruction of any kit fox den outside of the disturbance zone, Bear Mountain Limited shall notify the USFWS and CDFG of the intent to destroy the subject den and the reasons why alternate courses of action are not possible. The USFWS and CDFG may concur or recommend alternate methods to reduce impacts to the den. (Mitigation) Destruction of a potential kit fox den may proceed without prior notification to the USFWS and CDFG if no current or previous use of the den by kit foxes is known, as determined by a qualified biologist. However, if any den thought to be a potential den is determined during excavation to be a currently or previously used kit fox den (e.g., if kit fox sign is found inside), the USFWS and CDFG will be notified immediately of the change in status. (Mitigation) In the event that the USl~S and CDFG concur that a San Joaquin kit fox den will be unavoidably destroyed by planned project actions, the following procedures shall be implemented: Prior to initiation of field work, the subject den shall be carefully excavated using hand tools either by a qualified biologist or under the direct supervision of a biologist to ensure that no wildlife are trapped or injured. Any kit foxes in residence shall be allowed to escape unimplemented. ']?he den shall be completely excavated and then refilled and compacted to prevent future use of the site by resident wildlife. Documentation of the den loss shall be conveyed in writing to the USFWS, Sacramento Field Office, and to the CDFG Fresno and Sacramento Offices. (Mitigation) A survey for detection of blunt-nosed leopard lizard shah be conducted under the optimum conditions for detection of this species along the proposed pipeline routes. This survey shall be consistent with accepted CDFG methodologies and shall be conducted by a qualified biologist. In addition, measures designed to b significantly reduce the likelihood of take and provide authorization for incidental take of blunt-nosed leopard lizard will be included in pending agreements with CDFG and USFWS. (Mitigation) .. ,~ 3,;:,~i~, ~ Exhibit"A" GPA1-94, Seg. II ZC5542 Page 3 21. 22. 23. 24. 25. 26. 27. 28. 29. Fenced exclusion zones shall be established by a qualified biologist around all burrowing owl burrows that may be inadvertently impacted by project activities. Exclusion zone fencing shall consist of either large flagged stakes connected by rope or cord, or survey laths or wooden stakes prominently flagged with survey ribbon. Each exclusion zone shall be avoided except by foot travel. (Mitigation) Surveys for the detection of special status annual plant species potentially occurring along the proposed pipeline routes are required and shall be conducted by a qualified biologist during the optimum phenological period for the respective species of concern. Any subsequently discovered populations of listed plant species shall be avoided by an exclusion zone. Other special status plant species shall be avoided to the maximum extent feasible. (Mitigation) The final steam/wastewater pipeline route will be established in conjunction with a qualified biologist to avoid direct impacts to all Bakersfield cactus and maximize buffer areas. (Mitigation) All Bakersfield cactus previously identified and subsequently observed during this survey shall be marked and a fenced exclusion zone around each observation shall be established using wooden stakes and flagging. Offroad vehicle travel and construction activities, including hanger installation, shall remain outside of these buffer areas. (Mitigation) All areas temporarily disturbed by facility construction and the hills and berms shall be reseeded with a mixture of native grass and valley saltbush (Atriplex ~olvcarb) seed at the rate of 15 pounds per acre. Seed shall be applied between December 1 and February 28 so that seasonal precipitation can be utilized to the maximum extent feasible to assist in the establishment of natural vegetation. In the event that seed applications fail to re-establish a minimum of 75% cover of original species, subsequent seed applications shall be made until a minimum of 75% cover is established. All revegetation efforts shall be conducted under the supervision of a qualified biologist or revegetation specialist. (Mitigation) For those portions of the site located between the north property line and the soundwall, a final landscape plan shall be incorporated into the plans submitted to the building department for building permits and approved by the planning director prior to final site plan approval as per Section 17.53.061. Prior to construction of the steam line, applicant shall present steam line road crossing plans to and apply for an encroachment permit to the Kern County Transportation Management Department for an encroachment permit for the crossing of Alfred Hartell Highway and County Dump Road. The public water system, California Water Service, serving the proposed facility shall be protected from cross-connection/backflow hazards in accordance with Title 17, California Code of Regulations and requirements of the Uniform Plumbing Code. Prior to construction, plumbing, irrigation and fire system plans shall be submitted to Kern County Environmental Health Services Department for cross-connection control plan check approval. Prior to the issuance of building permits, an engineered sewage disposal system design shall be approved by the Environmental Health Services Department. The report shall address soil type and depth to ground water, among other data. Exhibit "A" GPA 1-94, Seg. II ZC 5542 Page 4 30. Applicant and/or property owner shall submit a Risk Management and Prevention Program to the Hazardous Material Division of the City of Bakersfield Fire Department. Said "program" must comply with Chapter 6.95 of the California ttealth and Safety Code and applicable City ordinances. Also, said program must be completed, approved and implemented prior to facility start-up. Applicant's Su~eested Conditions: 31. Erosion control measures include revegetation of the graded/fill slopes prior to the first rainy season after completion of construction, water runoff shall not be allowed to flow across fill slopes, control of water velocities to reduce erosive power of runoff, and the use of lined drainage ditches. 32. All construction vehicles will be required to provide Bear Mountain Limited with pre-construction certification of a tune-up. 33. All construction vehicles will be prohibited from idling longer than 5 minutes without the performance of useful work. 34. During construction, the accumulation of mud and dirt on public paved roads will be limited through the use of paved access aprons, wheel washers or other similar measures. 35. Applicant will obtain a 2081 permit from California Department of Fish and Game and if applicable, a Section 10(a) permit from the United State Fish and Wildlife. Design features were included in the supplemental information as those typically required by CDFG. 36. In the unlikely event that during construction, historical, archaeological or human remains are discovered, construction in the discovery area will be discontinued pending the proper disposition of the artifact, human remains, etc. 37. Bear Mountain l.imited will have construction activity monitored by a qualified paleontologist with "spot-check monitoring" as recommended in the Paleontological Resource Assessment. 38. The facility will be fenced, electronically gated and manned 24 hours per day. 39. Fire hydrants will be installed along the newly installed pipeline in consultation with the City of Bakersfield Fire Department providing added fire protection service to the area. 40. Anhydrous ammonia is stored on-site in a 12,000 gallon tank. Sealed vent lines will be installed from all pressure relief valves in the ammonia distribution system to discharge into a 120,000 gallon diffusion tank filled with water. The diffusion tank will be equipped with both level controls and pH monitors for continuous monitoring from the control room. 41. The facility paint colors are designed to blend with natural coloration of the area. 42. Lighting will be designed in accordance with a Photometric Study to minimize stray light off the property. 43. The facility is designed to conserve natural gas. Berms will be sculpted to conform with existing topography where possible and will be landscape with trees and scrubs and will be subject to Planning Director approval. Exhibit"A" GPA1-94, Seg. II ZC$$42 Page 5 Public Works Department: 45. Prior to issuance of a building permit a drainage study for the entire project area shall be submitted to and approved by the City Engineer. The limits of this study will be approved by the City Engineer and will probably include study of and drainage provisions for areas outside the project area. This study shall include treatment measures to ensure discharge flows conform to the requirements of the Clean Water Act. 46. Prior to issuance of a building permit, a grading plan for the entire site (including any required access road) shall be submitted to and approved by the City Engineer and the Building Department. 47. Sewer service shall be provided to the site by connecting to the planned northeast sewer system when this system is within 1,000 feet of the project area. Appropriate sewer fees will be paid upon issuance of a building permit. The sewer llne extending to the site may require oversizing to serve adjacent properties, and in accordance with Section 16.32.060 of the Municipal Code, a reimbursement agreement for this oversizing will be allowed. 48. Based on the traffic study submitted for a co-generation facility, tlie local mitigation to be paid at the time of issuance of a building permit would be $392.00 for the traffic signal at the intersection of Fairfax Road and Paladino Drive (0.28% x $140,000.00 = $392.00). If some other use or project is proposed, a revision to the traffic study and resulting mitigation fee will be required. As part of the review process, plans for this project have also been reviewed by the Site Plan Review Committee. The following are conditions to be satisfied in order for this project to comply with city ordinances. These conditions pertain to your project based on the plans submitted. Any errors or omission on the plans submitted couM alter these conditions or render this approval null and void: "A" CONDITIONS - These conditions require specific alterations to your plans. These changes must be reflected on the final plans submitted to the Building Department. Plan check will not begin until all "A" conditions are correctly shown on the plans submitted. 49. Show all fire hydrant locations and required fire flows on site plan. (Fire) 50. Show on the site plan the proposed landscape areas, to meet minimum City standards in accordance with Title 17.53.061 of the Municipal Code as part of plans submitted (as enclosed) for building permit. A landscape and irrigation plan shall be submitted to the Planning Department for approval before Building Department will begin plan check. (Planning) 51. Provide layout for lighting for the parking area along with description of light fixtures as per Title 17.58.060 A of the Municipal Code. Design and arrange the lights to reflect away from the adjacent residentialproperties and streets. Lighting proposals must be approved before Building Department will begin plan check. (Planning and Building) 52. Show one, 6' x 8' refuse bin location as shown on attached plans. (Sanitation) "B" CONDmONS - These conditions must be satisfied prior to the Building Department commencing plan check for the project. 53. Contact Fire Safety Control Division, 1729-22nd Street, (Fire Prevention Bureau) for fire and safety requirements. Provide one (1) set of building plans showing required plan corrections to . F'ire Safety Control (Fire Marshal, (805) 326-3951). (Fire) -~ Exhibit "A" GPA 1-94, Seg. II ZC 5542 Page 6 54. Install one fire hydrant(s) at the west side of the main entrance of the facility and Camino Drive prior to final site plan approval. (Fire) 55. Provide three copies of the grading plans with two copies of the preliminary soils report to the Building Department. (Engineering Services and Building) "C" CONDITIONS - These are informational notes that will be helpful to you. There are also conditions identified that must be satisfied sometime after plan check has begun. The deadline for complying with those conditions is specified in the condition. 56. Obtain approval from the Hazardous Materials Division for any necessary permits prior to final occupancy. 57. Obtain approval from the San Joaquin Air Quality Board for any necessary permits. 58. Obtain approval from the Kern County Environmental Health Department for any necessary permits prior to issuance of grading permit. 59. All streets and access roads to and around any building under construction must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all times. (Fire) 60. Based upon available information, fire flow requirement may be 3500 gallons per minute. All persons required to furnish fire hydrants are hereby required to purchase the required fire hydrants from the City of Bakersfield. (Fire) 61. Provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) 62. Contact Building Department for any proposed signage. Review does not include signage. A separate permit is required for all new signage, including construction signs. (Building) 63. Show compliance with all handicap requirements as per State Building Code. (Building) 64. A final soils report shall be submitted prior to issuance of a building permit. (Building) 65. School district fees will be assessed at the time of issuance of a building permit. (Building) 66. Submit for all necessary approvals from the Bakersfield City Fire Department for fuel tanks or related facilities prior to issuance of a building permit for such facilities. (Building) 67. ~lhe parking required for this project has been computed as follows: Maximum number of employees on site per shift = 6 Minimum number of spaces for visitors = 4 Total 10 68. Approved urban landscaping shall be installed according to landscaping plan prior to final building inspection or occupancy of any building. Landscape inspections are on Fridays. Call David Dow at 326-3733 prior to the Friday you wish your inspection. (Planning) Exhibit "A" GPA 1-94, Seg. II ZC 5542 Page 7 69. The Habitat Conservation Plan fee for this project has been computed to be $7,480.00 (11 acre disturbance area) based on a fee which is now $680 per acre. This fee must be paid prior to issuance of a building permit or satisfy individual HCP as may be approved for the project. This fee may change in the future based on studies being conducted so the actual amount due will depend on the fee schedule in effect at the time of issuance of the building permit. (Planning) 70. A transportation impact fee for regional facilities shall be paid prior to final inspection and/or occupancy and shall be based on the rate in effect at the time the fee is paid. 71. Based on the rate schedule in effect for the 1993-1994 fiscal year and the proposed project use, a rate of $ 87 per vehicular trip would be anticipated. 72. Provide 3 cubic yard, front loading type refuse bin on concrete pad per standard #S-43. (Sanitation) Conditions added by Planning Commission (Source: WZl correspondence dated March 30, 1994). 73. Noise - The soundwall will be set back 95 feet from the northern property boundary as shown on the attached draft of the revised plot plan. Berms, which are not shown on the plot plan, will be present on the east and south sides of the facility. The berm form will be sculpted in accordance with a final grading plan to blend in with the natural topography while still providing a noise barrier. The berm height will be approximately30 feet. The specifics of the wall design are dependent upon the noise modeling of the new facility orientation to achieve less than 65 dB at the northern property boundary. 74. Power lines - Pacific, Gas & Electric (PG&E), a public utility, will purchase electricity from Bear Mountain Limited. PG&E is required by law to provide transmission line linkages to buy wholesale electricity from any qualifying facility which results in a net surplus production of electricity. PG&E has performed an interconnection study and determined the closest location to interconnect with their transmission facilities is approximately 1 mile northwest of the proposed cogeneration facility. PG&E has considered three alternative routes. The Bear Mountain interconnection point is located in the southwest corner of the site. The physical interconnect will be a 115 KV transmission circuit. The circuit will be constructed with single wood poles spaced approximately 400 feet apart. Pole heights will be approximately 60 feet above grade with mounting approximately 50 feet above grade. The pole line will be centered and routed along a 100-foot wide easement to be obtained by PG&E. 75. Lighting - Overhead lighting apparatus shall include the use of shields to direct the lighting inward and downwarding using shoe box type lighting fixtures which generally direct the light inward and cut-off shields at 45°. The exhaust stack lighting and peripheral lighting will not be illuminated except during periods of access or maintenance. 76. Landscaping - A final landscape plan shall be incorporated into the plans submitted to the Building Department for building permits and approved by the Planning Director prior to final site plan approval per Section 17.53.061. The landscape plan will be designed for urban development and shall include the berms on the east and south, as well as the facility entrance on the north side. 77. Steam Line - The steam line will be constructed with schedule 80 pipe and covered with at least three inches of insulation and outer protective coating which will be earthtone in color. p:194s2.ea CITY OF BAKERSFIELD 4. . ~,-o, ZONING MAP 103-12 EXHIBIT "C" Legal Description Zone Change No. 5542 ALL THAT PORTION Of THE NORTH HALF Of THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.B.&H., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTH HALF; THENCE SOUTH 89°49'06" EAST ALONG THE NORTH LINE OF SAID NORTH HALF, 2253.04 FEET; THENCE 2) THENCE 3) SOUTH 70'53'28" WEST, 1303.20 FEET; NORTH 76°15'03" WEST, 483.86 FEET; THENCE (4) NORTH 80"53'19" WEST, 536.77 FEET; THENCE (5) NORTH 65°25'58" WEST, 25.77 FEET TO A POINT ON THE WEST LINE OF SAID NORTH HALF; THENCE (6) NORTH 00°27'48 EAST ALONG SAID WEST LINE, 223.06 FEET TO THE POINT OF BEGINNING. CONTAINS 13.59 ACRES NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commassion of the Ciw of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, MARCH 14, 1994. in the Council Chambers, City. Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter may be heard on IHURSDAY, MARCH 17, 1994, in the Council Chambers of City Hall 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: The proj~t to be considered: General Plan Amendment 1-94, Segment II changing the Land Use Element designation from LR (Low Densit3'' Residential < 7.26 dwelling units per net acre) to R- MP (Resource-Mineral Petroleum, minimum land use designation size - 5 acres) on 16.8 -.+ acres. Zone Change No. 5542 changing the zoning district from R-S-10A (Residential Suburban, ten-acre minimum lot size) to A (Agriculture) on 13.59 -+ acres. Project location: Northeast Bakersfield approximately one mile southeast of Aftred Hartell Highway and one and one-haft miles north of the intersection of State Highway 178 and Fairfax Road (Figure 1). A more precise location is the north one-half of the southwest quarter of Section 12, Township 29 South, Range 28 East, M.D.B.&M. 3. The name and address of the project applicant: Bear Mountain I imlted Attention: Jeanne Benedetti 2500 City West Boulevard, Suite 150 Houston, Texas 77042 NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the plannin~ Commi.e.~io!~ to receive input from the public on the potential effect of this project on the environment. Pursuant to the California Environmental Quality Act (CEQA), an initial Study has been prepared. describing the degree of possible environmental impact of the proposed project. Thi~ study has shown that the proposal (as mitigated) will not have a si~nificant effect on the environment-' therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public through the Planning Department (contact Richard Dole) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (805) 326- 3733. PUBLIC COMMENT regarding the proposed project and~or adequacy. of the Negative Declaration, including requests for additional environmental review, will be accepted in writing on or before the hearing date indicated above at the Plannine Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: Februa~. 4, 1994 RD:~t p:194s2.nph t /-~'~'~"~ P~STED: February 4, 1994 _ ..//',VACK~4ARD ISTY, ~ ,/ Planning Director I. ENVIRONMENTAL CHECKLIST EFFECT EARTH Soils Geologic Hazard s Erosion/Sedimentation Topography WATER Quality/Quantity - Groundwater - Surface Water Flooding/Drainage AIR Air Quality Climate/Air Movement Odors BIOLOGICAL RESOURCES Plants Animals Ra~e/Endangared Species Habitat Alteration TRANSPORTATION Traffic/Circulation Parking Traffic Haza~cls Air/WaterlRall Systems CULTURAL RESOURCES Archaeological Histoncai IMPACT sip MITIGATION EFFECT LAND USE Compatibility General Plan/Zoning Growth inducement Prime Ag Land Loss PUBLIC SERVICES Police Fire Schools Parks/Recreatton Solid Waste Disposal Facility Maintenance UTILITIES Water POPULATION HOUSING AESTHETICS (NOTE: DISCUSSION REGAROING THE ABOVE IMPACTS IS A'i-FACHED.) IMPACT MITIGATION S = Significant P = Potentially Significant I = Insignificant/No Effect Y = Yes N = No OBD = Ordinance Requirement II. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potentiaJ to degrade the quality of the enwronment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sust~ning levels, threaten to eliminate a plant or animal community, raduce the number or resthct the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of Caiitornia history or prehistory? impacts will endure well into the future,) Y N Does the project have impacts which individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small. but where the effect of the total of those impacts on the environment is s~gnificant). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly ~__ or ~ndirectiy? -- 11. FINDINGS OF DETERMINATION ON THE BASIS OF THIS INITIAL EVALUATION (check onel: __ It has 13een Touna that the 13roposea DroJec[ COULD NOT have a significant effect on the environment: therefore. a NEGATIVE DECLARATION will be preparea. ,-/~lt is been found that although the ~3roposed project could have a significant effect on the environment. there will not be a significant effect in this case because MITIGATION MEASURES. as ~aentified in the Discussion of Environmental Impacts. have been mcorporated into the project: therefore. a NEGATIVE: DECLARATION will be prepared. __ tt has been found that the proposed broject MAY have a significant effect on the enwronment. and an EIR (ENVIRONMENTAL IMPACT REPORT) w~ll be prepared. General Plan Amendment 1-94, Segment II Zone Change No. 5542 Conditional Use Permit No. 5548 PROJECT DESCRIPTION: Applicant is proposing a 48 megawatt natural gas-fired cogeneration facility. Steam and electricity will be produced. The steam will be injected into oil fields located in the area of the facility for enhanced oil recovery while the electricity will be delivered to Pacific, Gas and Electric. Facility operation will be 24 hours per day and 52 weeks per year. The cogeneration facility is located within the Kern Bluff Oil Field. Presently, plans call for steam delivery to only the Kern River Oil Field. Before the cogeneration facility can be constructed, a general plan amendment, zone change and conditional use permit must be approved. The proposed general plan amendment is from LR (Low Density Residential) to R-MP (Resource-Mineral Petroleum) on 16.8 _+ acres and the zone change is from R-So10A (Residential Suburban ten-acre minimum lot size) to A (Agriculture) on 13.59 -+ acres. The R-MP designation and A zoning district are more conducive to a cogeneration facility than the existing LR designation and R-S-10A zoning district. Conditional use permit for the operation of a cogeneration facility on 78.45 _ acres which is the entire parcel owned by the applicant. However, the proposed cogeneration facility will occupy and will be limited to 5.93 _+ acres within the 78.45 - acre site. Another 4.74 -+ acres along the cogeneration site's easterly foundry is proposed for "construction laydown" purposes. The subject site is located in northeast Bakersfield approximately one mile southeast of Alfred Harretl Highway and one and one-half miles north of the intersection of State Highway 178 and Fairfax Road. A more precise location is the north one-half of the southwest quarter of Section 12, Township 29 South, Range 28 East, M.D.B.&M. A proposed steam line to the Kern River Field northwest of the subject site would be approximately 1.5 miles in length and would be an above-ground line. The steam line would transverse terrain ranging in elevation from 440 to 820 feet and intersect with the County Dump Road and the Alfred Hartell Highway. No other steam lines are proposed at this time. Proposed natural gas and water lines will be underground. The steam line would be insulated and would be supported by hangers anchored in concrete. Hangers would be 50 to 100 feet apart. The area that would be disrupted by steam/non-hazardous waste water would be approximately 40 feet in width. p:194s2.pd RR ER SR LR I_MR HR GENERAL PLAN DES~*GNATTONS (Rural Residential - 2.5 gross acres/dwelling unlt) LI (Light Industrial) (Estate Residential * 1 dwelling unit/net acre) (Suburban Residential - less than or equal to 4 dwelling units/net acre) (Low Density Residential - less than or equal to 7,26 dwelling units/net acre) (Low Uedlum Denslty Residential - greater than 4 and less than or equal to 10 dwelllng units/net acre) (Hlgh Medium Denslty Residential - greater than 7.26 and less than 17.42 dwelllng units/net acre) (High Denslty Residential - greater than 17.42 and less than or equal to 72.6 dwelling units /net acre) S1 (Service Industrial) HI (Heavy Industrial) P (Public Facilities) PS (Public/Private School) PT (Public Transportation) P. SW (Solid Waste Facilities) OS (Open Space) OS-P (Parks) OS-S (Slopes) R-1A (Resource-lntensive Agriculture, 20 acres minimum) HC (Highway Commercial) GC (General Commercial) MC (Ma~or Commercial) OC (Offlce Commercial) MUC (Mixed Use Commercial) (Resource-Extensive Agriculture, 20 acres minimum) (Resource-Mineral Petroleum, 5 acres minimum) General Plan Street Classification Freeways provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. Expressways are arterial highways with at least partial control of access which may or may not be divided or have grade separations at intersections and may be an interim facility for an ultimate lreeway. Arterials are used primarily by through traffic. with a minimal function to provide access to abutting property. Collectors lunction to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for propert.v access and through traffic is discouraged. f~onc R-1 E R-S R-S-1A R-S-2.5A R-S-5A R~S-10A R-2 R-3 R-4 R-H PUD C-O C-1 C-2 C-C PCD ZON[NG DESIGNAT[ONS M-1 (Light Manufacturing) (One FamiZy DweZZ±ng - 6,000 sq.ft./dweZZ±ng unit) M-2 (Estate - 10,000 sq.ft./dweZZ±ng unit) A (ResidentiaZ Suburban - 24,000 sq.ft./dweZiZng unit) A-20A (Residentiai Suburban, one-acre P min±mum lot s±ze) RE (Residential Suburban-2-1/2 acre minimum lot size) Ch (Residential Suburban five-acre OS minimum lot size) HOSP. (Resident±al Suburban ten-acre minimum lot s±ze) D (L±mited Mult±ple Family Dwelling - 1/2,500 AD sq.ft./dwelling unit) FP-P (Limited Multiple Family Dwelling - 1/1,250 FP-S sq.ft./dwel[±ng unit) (Limited Multiple Family Dwellin~ - 1/600 TT sq.ft./dwelling unit) (Residential Holding) SC (Planned Unit Development) (Professional and Administration Office) (Neighborhood Commercial) (Regional Commerciall (Commercial Center) (General Manufacturing) (Heavy Industrial) (Agriculture) (Agriculture-20 acre mlnlmum) (Automobile Parklng) (Recreatlonl (Church) (Open Space) (Hospital) (Architectural Deslgn) (no longer in use) (Architectural Deslgn) (Fioodpiain Pr£mary) (Fioodpla±n Secondary) (A±rport Approach) (Travel Traller Park) (Mobilehome) (Senior C±tizen) (Pianned Commercial Development) f\zone.1 GENERAL PLAN AMENDMENT 1-94, SEGMENT II ZONE CHANGE NO. 5542 CONDITIONAL USE PERMIT NO. 5548 I. ENVIRONMENTAL IMPACTS Earth Soils, Geoloeic Hazards and Topo~raohv - A preliminary geotechnical and geologic evaluation of the site was prepared by Fugro-McClelland (West), Inc. The evaluation addressed soils, geology and topography (Project Description)*. The study indicates there will not be significant impacts to soils, geology and topography; however, the site may experience strong groundshaking (Project Description). Erosion / Sedimentation - Erosion control specifications were prepared by the engineering firm of Porter-Robertson, and a grading plan was prepared by Destec Engineering (Appendix II). The study indicates that the erosion study and grading plans are sufficient to minimize erosion impacts to the point of insignificance (Project Description). Water Water Quality / Quantity Groundwater - Water service will be provided by California Water Service Company subject to water company specifications (Appendix III). Applicant states the California Water Service Company has an adequate water supply to meet the demands of the project (Project Description). Impact to groundwater insignificant. Surface Water - Applicant's agent indicates that storm water will bc retained on-site and will not be discharged into any surface water (Project Description). Impact is insignificant. Flooding Drainage - Porter-Robertson Engineering, which prepared the drainage, concludes "...that the proposed grading concept will adequately intercept and contain storm water runoff from the site and 'off-site' areas." (Appendix III). Porter-Robertson Engineering indicates that the subject site is located within an area subject to minimal flooding, and there will be no discharge to surface water (Appendix II). Impact to flooding/drainage is insignificant. Ai_.tr Air Quality - The air modeling study for this project was prepared by WZI, Inc. The study concluded "...that CO emissions from the project will not create an emissions "hot spot" nor cause an exceedance of an applicable ambient air quality standard, therefore, this impact is regarded as insignificant (Appendix IV; see also Project Description). Climate/Air Movement - Land uses intended or allowed through the proposed project will not significantly alter air movement, moisture, temperature and/or result in any change in climate, either locally or regionally. Unless otherwise specified, all endnotes will reference the Bear Mountain Limited Suoplemental Information Facili~ DesJim Features In Suo~ort of Conditional Use Permit Al~llcation, General Plan Amendment Ao!alicafion, Zone Chan~e Ai~olication: Volume I and Volume II, December 1993, provided by WZI, Inc. Appendix I GPA 1-94, Segment II CUP 5548 Page 3 Land Use ComvatibiliW - The proposed cogeneration facility is an industrial type land use located within the Kern Bluff Oil Field. The existing land uses surrounding and adjacent to the project site include oil wells, oil storage tanks, electrical transmission lines and towers, and undeveloped land. These uses are compatible w/th proposed land uses. The proposed project will not conflict with adopted environmental plans or goals of the community, disrupt or divide the physical arrangement of an established community, or create a significant land use compatibility problem. The area located south of and not contiguous with the cogeneration facility site is developing to residential dwelling units. Distance from the facility to dwelling units ranges from approximately one-half to one mile. Also, within approximately one mile to the southeast is an elementary school and a church located at Morning Drive and Panorama Drive. All of the above development is primarily located within Section 13, T.29S., R.28E., M.D.B.&M., and occupies approximately 75 percent of said section. Other residential development not contiguous with the site is located west of Fairfax Road approximately three-fourths mile southwest of the cogeneration facility site in Section 14, T.29S., R.28E., M.D.B.&M. In addition to residential uses, an elementary school, a junior high school and a high school are located in this section approximately one and one-quarter miles from the facility site. Also in this section, a convalescent home is located approximately three-fourths mile southwest of the facility site. Impacts to land uses planned and existing are insignificant. Land Uses and Zoning of Adjacent Properties LOCATION NORTH LAND USE DESIGNATION P-SW, LR, OS-S, R-MP, LR ZONING DISTRICT A, A20-A, R-S-10A, O-S SOUTH OS-S, R-MP, LR A, R-1 LAND USE Oil wells, oil tanks, undeveloped land Transmission tower, oil tanks, undeveloped land, dwelling units*, and school* EAST R-MP, LR A, R-1 WEST OS-S, LR R-I, R-S-10A Electricity transmission lines, oil wells, oil tanks and undeveloped land Undeveloped land, dwelling units* Dwelling units located approximately one-half mile to the south and one and one-half miles to the southwest and west. An elementary school is located approximately one and one-half miles to the south. An elementary, junior high and high schools are located one and one-quarter mil,e to the southwest. . :: ~ Appendix I GPA 1-94, Segment II CUP 5548 Page 4 General Plan/Zonim, - The present land use designation on the site is LR and R-MP, with existing zoning of R-S-10A and A (see Table above). The proposal will amend the land use to R-MP and the zoning of the site to A. This change will not result in a substantial alteration of the present or planned land use of the area, because this amendment would eliminate what is substantially an island or an intrusion of LR designated land into an area substantially surrounded by R-MP and P-SW designated land. Approximately 800 feet of the general plan amendment site borders along a large expanse of LR designated land. The proposal is consistent with the Metropolitan Bakersfield 2010 General Plan policies and implementation measures and will not significantly conflict with established recreational, educational, religious or scientific uses of the area. The project is ancillary to an identified state designated oil field and the impact of this project is insignificant. Growth Inducement - The proposed project will not induce substantial growth. Impact insignificant. Prime A~ricultural Land - No agricultural crops currently exist on site and the site does not contain prime agricultural soils (Conservation Element: V-21). Removal of 78 -+ acres (includes CUP site, GPA site, 16.8 acres and ZC, 13.59 acres) of land through the proposed project will not convert prime agricultural land to nonagricultural use or impair the agricultural productivity of adjacent prime agricultural land. Impacts insignificant. Public Services Police - Police service would be provided as needed. Fire - Fire protection services for the Metropolitan Bakersfield area are provided through a joint fire protection agreement between the City and County. Through such agreement fire protection services will be provided as needed. Schools - The proposed project is not expected to impact schools. Parks / Recreation - The project proposes no increase in population for the areas and would not result in an impact upon the quality or quantity of existing recreational opportunities or create a substantial need for new parks or recreational facilities. Solid Waste / Disoosal - The proposed project would not result in a need for significant new or substantial alterations to existing solid waste disposal systems. The development will not breach published national, state or local standards relating to solid waste or litter control. FaciliB' Maintenance - Public streets providing access to the proposed development will result in an increase in maintenance responsibility for the City of Bakersfield. These increases in services are not deemed significant. Utilities All impacts to "Public Services" are considered insignificant. Water - Applicant's agent states that the facility will use water at an average rate of 300 gallons per minute for fire protection. Water will be used in the cooling tower and to produce steam for the steam generator. Water will be provided by the California Water Service (see Project Description). Impact to water resources are regarded as insignificant. Appendix I GPA 1-94, Segment II CUP 5548 Page 5 Wastewater - Sewage disposal would be by an on-site seepage pit system. "Non-hazardous Class II wastewater will be piped via an above-ground pipeline to an off-site oil field operator for reuse or disposal" (Project Description). Impact is considered insignificant. Storm Drainac, e - Applicant's agent states that storm water will be retained on-site (Project Description; see also Appendix III). Impact insignificant. Natural Gas - Applicant's agent indicates that the cogeneration facility will use approximately 460 MMSCF/day of natural gas to be provided by the Mojave Pipeline located .5 mile south of the site (Project Description). Impacts to natural gas resources regarded as insignificant. Electricity - Applicant's agent states that the proposed facility will produce electricity to be sold to P.G.&E. who will also be responsible for installation of transmission lines (Project Description). Impact insignificant. Communications - Applicant's agent states that telephone service will be required for the facility but no major alterations to the communication system will occur (Project Description). Impact insignificant. Pooulatlon / Emldovment Applicant's agent states that the labor force will be hired locally and no in-migration is expected: construction employment will range from 50 to 80 workers while the cogeneration facility will have 14 full time employees (Project Description). This impact to population or employment is not regarded as significant. Health Hazards / Public Safety WZI, Inc. conducted Phase I and II site assessments for the site. Findings from this assessment are found in Appendix XIII. In addition, a "Preconstruction Design Study for Potential Incidents Involving Hazardous Materials is found in Appendix XIII (see also Project Description). Impacts to Public Health/Safety considered insignificant. Noise The Acoustical Analysis prepared by Brown-Buntin Associates, Inc. performed modeling showing a noise level of 76 dB at the property line. This level would exceed the City's 65 CNEL dB by 11 decibels for sensitive receptors (Appendix XIV). Applicant's agent states that after mitigation (see Exhibit A) the 65 dB CNEL will not be exceeded at the property line (Project Description), and this noise level is consistent with the 2010 General Plan Noise Element and is not significant per CEQA. Aesthetics WZI, Inc. prepared an aesthetic evaluation of the subject locality for the purpose of identifying viewsheds and visual resources (Project Description and Appendix XV). The impact is not regarded as significant. Appendix I GPA 1-94, Segment II CUP 5548 Page 6 Liaht and Glare A back lighting analysis was prepared by PWR/PASCOE Engineering, Inc. PWR PASCOE concluded that the lighting systems would not significantly impact the surrounding areas (Appendix XVI; see also Project Description). Natural Resources The project's primary purpose is recovery of natural resources (petroleum). Steam will be used for enhanced oil recovery (Project Description). The impact is not regarded as significant as the site is located in a state-designated oil field. Ener~Usaae Applicant's agent states that the use of steam for enhanced oil recovery is a beneficial energy conservation tool (Project Description). This form of energy generation is strongly promulgated by the Public Utilities Commission and impacts to "Energy Usage" are regarded as beneficial. II. MANDATORY FINDINGS OF SIGNIFICANCE The project does not have the potential to 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 self-sustaining 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 impact important examples of the major periods of California history or pre-history. The project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term, environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable or for which the incremental effects of an individual project are considerable when viewed in connection with the efforts of past projects, then current projects, and possible future projects. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. P:194s2.ai t11. FINDINGS OF DETERMINATION .ON THE BASIS OF THIS INITIAL EVALUATION (check onel: It has oeen founcl that the proposed project COULD NOT have a s~gnificant effect on the enwronment: therefore. a NEGATIVE DECLARATION w~lt be prepared, It is been found that although the proposed project coutd have a significant effect on the enwronment, them will not be a s~gnificant effect in this case because MITIGATION MEASURES. as ~dentified in the Discussion of Environmental Impacts. have been ~ncorporated into the project; therefore. a NEGATIVE DECLARATION will be prepared. It has been founct that the proposed project MAY have a significant effect on the environment, and an EtR (ENVIRONMENTAL IMPACT REPORT) will be prepared. LOCATION MAP GPA 1-94, SEGMENT II, ZONE CHANGE 5542 ........... CONDITIONAL USE PERMIT 5548 33 34. 3 ROUND 10 11 2 1 HA~'T PARK T28S, R28E · ' T29S, R28£' T29S. R29£ · R29E $ 5 m~m~m~ GENERAL PLAN AMENDMENT 1-94, SEGMENT II tl 12 OS-S P-SW / \ \ \ R-MP J T29S, R28£ LR 19410 ZONE CHANGE 5542 R-S10A !'" !-"i'"!'! . ! ! "! "!'. ~ .... ._. i.i.i.~ .mi ,' '.' '.'..' '.' '.' R--S10ATO A~'''' '!~ / / / / / / / / / / A R-1 A 0 40o R-1 11 12 T29S, R28£ R-1 CONDITIONAL USE PERMIT 5548 / / / / / R-S10A / A 0 44)O SCALE IN FEW I / / / A R-1 11 12 T29S, R28£ 19409 EXHIBIT "A" General Plan Amendment 1-94, Segment II Zone Change 5542 Conditional Use Permit 5542 Mitigation Measures Sound walls to be constructed in accordance with Figure 1 attached prior to issuance of a certificate of occupancy. The U.S. Fish and Wildlife Service (USFWS), and the California State Department of Fish and Game (CDFG) shall be contacted and the recommendations of these agencies regarding the need for consultation pursuant to the respective endangered species acts shall be met. Bear Mountain Limited will incorporate all requirements of the appropriate agencies into the final project design plans. Additionally, the progress of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) will be monitored for consistency with the final project design plans. Project area boundaries shall be clearly delineated by stakes, flagging, and/or rope or cord to minimize inadvertent degradation or loss of adjacent wildlife habitats during project construction. All equipment storage and parking during project construction shall be confined to the project staging area on-site or to previously disturbed off site areas that do not provide habitat for listed species. Boundaries of parking and storage areas shall be clearly delineated using stakes, flagging, and/or rope or cord. Bear Mountain Limited shall post signs around the site to restrict access of vehicles and equipment unrelated to project activities. Speed limits of 20 miles per hour will be posted and strictly enforced on all roads not included in the county or city right of ways. Bear Mountain Limited shall designate a specific individual as a contact representative between Bear Mountain Limited, USFWS, and CDFG to oversee compliance with protection measures detailed in the mitigation program. Bear Mountain Limited shall provide written notification of the contact representative to CDFG and USFWS within 30 days of permit issuance by USFWS. Written notification shall also be provided by Bear Mountain Limited to CDFG and USFWS during any future times that the design is changed due to position transfer or other reasons. The net acreage of habitat lost to the permanent development and temporary disturbance of the facility shall be compensated as directed by the lead agency or agencies. Exhibit "A" GPA 1-94, Seg. II ZC 5542, CUP 5548 Page 2 10. 11. 12. 13. The use of rodenticides shall be restricted to those approved by USFWS and CDFG within the project areas. A pre-construction survey shall be conducted by a qualified biologist 14 days prior to construction of the cogeneration facility or any associated facilities. Dens, burrows and plants to be avoided will be flagged with fluorescent pink terminal wire pin flags and shall be avoided by all forms of disturbance, except for foot travel, if possible. All known and potential San Joaquin kit fox dens within the specified disturbance zone which shall be unavoidably destroyed by the proposed project, or kit fox dens outside the disturbance zone if otherwise authorized, shall be excavated pursuant to conditions described below prior to the onset of ground disturbing activities. Excavation of kit fox dens shall not proceed without authorization from USFWS and CDFG as required by the interim MBHCP guidelines. Prior to destruction of any kit fox den outside of the disturbance zone, Bear Mountain Limited shall notify the USFWS and CDFG of the intent to destroy the subject den and the reasons why alternate courses of action are not possible. The USFWS and CDFG may concur or recommend alternate methods to reduce impacts to the den. Destruction of a potential kit fox den may proceed without prior notification to the USFWS and CDFG if no current or previous use of the den by kit foxes is known, as determined by a qualified biologist. However, if any den thought to be a potential den is determined during excavation to be a currently or previously used kit fox den (e.g., if kit fox sign is found inside), the USFWS and CDFG will be notified immediately of the change in status. In the event that the USFWS and CDFG concur that a San Joaquin kit fox den will be unavoidably destroyed by planned project actions, the following procedures shall be implemented: Prior to initiation of field work, the subject den shall be carefully excavated using hand tools either by a qualified biologist or under the direct supervision of a biologist to ensure that no wildlife are trapped or injured. Any kit foxes in residence shall be allowed to escape unimplemented. The den shall be completely excavated and then refilled and compacted to prevent future use of the site by resident wildlife. Documentation of the den loss shall be conveyed in writing to the USFWS, Sacramento Field Office, and to the CDFG Fresno and Sacramento Offices. Exhibit "A" GPA 1-94, Seg. II ZC 5542, CUP 5548 Page 3 14. A survey for detection of blunt-nosed leopard lizard shall be conducted under the optimum conditions for detection of this species along the proposed pipeline routes. This survey shall be consistent with accepted CDFG methodologies and shall be conducted by a qualified biologist. In addition, measures designed to b significantly reduce the likelihood of take and provide authorization for incidental take of blunt-nosed leopard lizard will be included in pending agreements with CDFG and USFWS. 15. Fenced exclusion zones shall be established by a qualified biologist around all burrowing owl burrows that may be inadvertently impacted by project activities. Exclusion zone fencing shall consist of either large flagged stakes connected by rope or cord, or survey laths or wooden stakes prominently flagged with survey ribbon. Each exclusion zone shall be avoided except by foot travel. 16. Surveys for the detection of special status annual plant species potentially occurring along the proposed pipeline routes are required and shall be conducted by a qualified biologist during the optimum phenological period for the respective species of concern. Any subsequently discovered populations of listed plant species shall be avoided by an exclusion zone. Other special status plant species shall be avoided to the maximum extent feasible. 17. The final steam/wastewater pipeline route will be established in conjunction with a qualified biologist to avoid direct impacts to all Bakersfield cactus and maximize buffer areas. 18. All Bakersfield cactus previously identified and subsequently observed during this survey shall be marked and a fenced exclusion zone around each observation shall be established using wooden stakes and flagging. Offroad vehicle travel and construction activities, including hanger installation, shall remain outside of these buffer areas. 19. All areas temporarily disturbed by facility construction shall be scarified and reseeded with a mixture of native grass and valley saltbush (Atriplex polycarb) seed at the rate of 15 pounds per acre. Seed shall be applied between December 1 and February 28 so that seasonal precipitation can be utilized to the maximum extent feasible to assist in the establishment of natural vegetation. In the event that seed applications fail to re-establish a minimum of 75% cover of original species, subsequent seed applications shall be made until a minimum of 75% cover is established. All revegetation efforts shall be conducted under the supervision of a qualified biologist or revegetation specialist. p:194s2.ea ~ B A K E R S F I E L PUBLIC WORKS DEPARTMENT MEMORANDUM D TO: Marc Gauthier - Planning Department FROM: Fred L. Kloepper - Public Works Department DATE: March 30, 1994 8:32am SUBJECT: GP,,I CYCLE 1-94 SEGMENT H- Zone Change 5542 - CUP 5548 SOUTHWEST QUARTER OF SECTION 12, T29S, R28E Several issues were brought up by the Planning Commission regarding Public Works related items and conditions of approval. There was a Commission question regarding access to the project, and the requirement for street dedications and construction. The project area currently has no publicly dedicated access to it, and this Department is not reqairing the dedication of streets for the following reasons: The GPA, zone change and the CUP all are located on land that is not directly adjacent to any arterial or collector streets shown on the circulation element of the 2010 General Plan. It is not known what the final layout of local streets around the project will be (whether or not there will be any local streets fronting the project). With a dedicated public access at this time, the City would end up maintaining what is essentially a driveway to the project. 4. A private access will adequately serve the proposed project. Public Works condition No. 3 was deleted as it is only a reiteration of Section 15.76.010 of the Municipal Code which requires that "Each driveway or other vehicular access from any public or private street to any structure or any parking area shall be paved, over three inches of base, with aspbaltic concrete, or other street surfacing material approved by the building director." Tentative Parcel Map 10053, which includes the project area, fronts a collector street which extends along the mid- section line of Section 12. Dedication and construction requirements for this street are anticipated to be conditioned with this map. Further, Section 16.28.190 of the Municipal Code requires access from all parcel map parcels to a publicly maintained street either directly, or indirectly by a means approved by the Planning Commission. There was another question regarding a perceived miscalculation in condition No. 5. Condition No. 5 requires a 0.28% (.0028) contribution towards the traffic signal, not a 28% (.28) contribution. The condition as written is correct. B A K E R S F I E L PUBLIC WORKS DEPARTMENT MEMORANDUM D TO: Mare Gauthier - Planning Department FROM: Fred L Kloepper - Public Works Department DATE: Mareh 30, 1994 7:54am SUBJECT: GPA CYCLE 1-94 SEGMENT II - Zone Change 5542 - CUP 5548 SOUTHWEST QUARTER OF SECTION 12, T29S, R28E *REVISED PUBLIC WORKS CONDITIONS OF APPROVAL* Please use the following conditions of approval in lieu of those on our memorandum dated March 4, 1994. Additions to the March 4 memorandum are shown bold and deletions are shown llac.~ cu'-. 1. Prior to issuance of a building permit, a drainage study for the entire project area shall be submitted ~o and approved by the City Engineer. This limits of this study will be approved by the City Engineer and will probably include study of and drainage provisions for areas outside the project area. This study shall include treatment measures to ensure discharge flows conform u~ the requirements ~ the Clean Water Act. 2. Prior to issuance of a building permit, a grading plan for the entire site (including any required access road) shall be submitted to and approved by the City Engineer and the Building Department. 3. A paved acecan road ohall be provided to the ore from an existing City maintained 0trect. 4. Prior to occupanoy, Sewer service shall be provided to the site by connection to the planned northeast sewer system when this system is within 1000 feet of the project area. Appropriate sewer fees will be paid upon issuance of a building permit. The sewer line extending to the site may require oversizing to serve adjacent properticg and in accordance with Section 16.32.060 of the Municipal Code, a reimbursement agreement for this oversi~ia§ will be allowed. 5. Based on the traffic study submitted for a co-generation facility, the local mitigation to be paid at the t:[me of issuance of a building permit would be $392.00 for the traffic signal at the intersection of Fairfax Road and Paladino Drive ( 0.28% x $140,000.00 = $392.00). If some other use or project is proposed, a revision to the traffic study and resulting mitigation fee will be required. MEMORANDUM TO: FROM: SUBJECT: DATE: We have following 1. Richard Dole, Associate Planner Rob Cramer, Parks Technicia ~n~ GPA 1-94, Seg. II CiTy OF BAKERE, FiEL£~ PLANNING DEPARTMEN? 3-24-94 reviewed the above mentioned subject, and have the comments: We would recommend against landscaping the street frontage adjacent to the project. This facility will be far removed from inhabitable space, and therefore landscaping the frontage would be relatively ineffectual. Instead, since it is our understanding that there would be no building permitted within the 78.45 acre site, we would suggest that there be provisions made by the applicant for landscaping along any major street that would border the 78.45 acres. The berm surrounding the facility, as shown on the colored rendition, would in our opinion, be in need of some sort of erosion control. Plant material and/or netting designed for erosion control would be our suggestion for effective soil management. dole194.sII MEMORANDUM "WE CARE" March 23, 1994 TO: FROM: SUBJECT: M.R. Kelly, Deputy Fire Chief R.E. Huey, Hazardous Materials Coordinator~ Bear Mountain Limited Cogeneration Facility The Bear Mountain Limited Cogeneration Plant planned for the Panorama Bluffs area will handle and store a variety of hazardous materials. These materials have been addressed in the Phase I Environmental study and Preliminary Hazard and Operability study completed for this project by WZI Incorporated. Perhaps the most significant material handled will be anhydrous ammonia. This will be used in the boiler, combustion emmission system to remove (NOx) compounds from the waste air stream. This is a relatively simple system but does involve the storage, on site, of up to 12,000 gallons of anhydrous ammonia at any one time. The anticipated annual usage of ammonia is between 18,000 and 20,000 gallons per year - - - approximately two bulk truck loads. A transportation route for the bulk ammonia shipments will be agreed upon to minimize transportation past heavily populated areas of the city and schools. This system is currently being used on nine (9) other Destec cogeneration facilities within California, seven (7) of which are in Kern County. This plant will incorporate a 120,000 gallon water diffusion tank with automatic controls to dump the ammonia if an on site emergency occurs. This system also includes the venting of all of the pressure relief valves into this diffusion system. Over all this appears to be a well designed safe system. This cogeneration plant will also use small quantities of gaseous chlorine in the water treatment system. This chlorine will be stored in a 150 pound approved pressurized cylinder (the same as being used on many commercial swimming pool applications) there will be no more than two cylinders on hand at any time. Due to the limited quantity there is no anticipated off site consequences. Sulfuric acid will also be used in the cooling tower system as well as electrical storage batteries. One 300 gallon bulk tank will be located in a recessed containment basin to prevent the possibility of off site consequences. This should pose no threat to public. This facility will also store significant quantities of hydrochloric acid and sodium hydroxide solution. These materials will be stored in 10,000 gallon above ground storage tanks located in separate recessed containment basins. In the unlikely event of a release from either or both tanks the materials will be kept separate in their oversized (110% minimum) secondary containment basins. Those tanks are located in an area not accessible to vehicle traffic in order to avoid the risk of accidental damage. These materials should not pose offsight consequences, or public threat. A variety of lubricating oils will also be kept on site which pose a slight combustion hazard. (This will be a gas fired facility with natural gas delivered by pipeline). These various oils are stored in areas which are continuously monitored by fire detection equipment. There will also be small quantities of a variety of other hazardous materials common to many manufacturing or maintenance operations present but these will also pose no threat due to the quantities present as well as the storage and handling procedures utilized. The Risk Management and Prevention Program required for this facility is intended to minimize the risk of any chemical accidents at this facility. The preliminary analysis completed to date indicate, that this will effectively minimize any threat. Water to serve the plant will be provided by a water main extension. California Water Service has furnished a '~vill serve" letter. REH/ed MEMORANDUM "WE CARE" March 23, 1994 TO: FROM: SUBJECT: M.R. Kelly, Deputy Fire Chief R.E. Huey, Hazardous Materials Coordinato,~/if~__/ Bear Mountain Limited Cogeneration Facility The Bear Mountain Limited Cogeneration Plant planned for the Panorama Bluffs area will handle and store a variety of hazardous materials. These materials have been addressed in the Phase I Environmental study and Preliminary Hazard and Operability study completed for this project by WZI Incorporated. Perhaps the most significant material handled will be anhydrous ammonia. This will be used in the boiler, combustion emmission system to remove (NOx) compounds from the waste air stream. This is a relatively simple system but does involve the storage, on site, of up to 12,000 gallons of anhydrous ammonia at any one time. The anticipated annual usage of ammonia is between 18,000 and 20,000 gallons per year - - - approximately two bulk truck loads. A transportation route for the bulk ammonia shipments will be agreed upon to minimize transportation past heavily populated arees of the city and schools. This system is currently being used on nine (9) other Destec cogeneration facilities within California, seven (7) of which are in Kern County. This plant will incorporate a 120,000 gallon water diffusion tank with automatic controls to dump the ammonia if an on site emergency occurs. This system also includes the venting of all of the pressure relief valves into this diffusion system. Over all this appears to be a well designed safe system. This cogeneration plant will also use small quantities of gaseous chlorine in the water treatment system. This chlorine will be stored in a 150 pound approved pressurized cylinder (the same as being used on many commercial swimming pool applications) there will be no more than two cylinders on hand at any time. Due to the limited quantity there is no anticipated off site consequences. Sulfuric acid will also be used in the cooling tower system as well as electrical storage batteries. One 300 gallon bulk tank will be located in a recessed containment basin to prevent the possibility of off site consequences. This should pose no threat to public. This facility will also store significant quantities of hydrochloric acid and sodium hydroxide solution. These materials will be stored in 10,000 gallon above ground storage tanks located in separate recessed containment basins. In the unlikely event of a release from either or both tanks the materials will be kept separate in their oversized (110% minimum) secondary containment basins. Those tanks are located in an area not accessible to vehicle traffic in order to avoid the risk of accidental damage. These materials should not pose offsight consequences, or public threat. A variety of lubricating oils will also be kept on site which pose a slight combustion hazard. (This will be a gas fired facility with natural gas delivered by pipeline). These various oils are stored in areas which are continuously monitored by fire detection equipment. There will also be small quantities of a variety of other hazardous materials common to many manufacturing or maintenance operations present but these will also pose no threat due to the quantities present as well as the storage and handling procedures utilized. The Risk Management and Prevention Program required for this facility is intended to minimize the risk of any chemical accidents at this facility. The preliminary analysis completed to date indicate, that this will effectively minimize any threat. Water to serve the plant will be provided by a water main extension. California Water Service has furnished a '~vill serve" letter. REH/ed CITY OF BAKERSFIELD PLANNING DEPARTMENT MEMORANDUM "WE CARE" March 28, 1994 TO: FROM: SUBJECT: Richard Dale, Associate Planner Ralph E. Huey, Hazardous Materials Coordinator , Transportation Route for Anhydrous Ammonia for the Kern Cogeneration Plant. Bluffs Per your request, attached please find a map showing a tentative transportation route for the anhydrous ammonia to be used at the proposed Kern Bluff Cogeneration Plant. This route has been tentatively agreed upon, but not finalized, for bulk tanker trucks between Highway 99 and the plant site. The final approved route will become part of the Risk Management and Prevention Program. The anticipated volume of anhydrous ammonia planned for this facility is two shipments a year. If I can be of assistance, please do not hesitate to call. REH/dlm HAZARDOUS MATERIALS TRANSPORTATION ROUTE ~f / LEGEND · m m. TRANSPORTATION ROUTE MEMORANDUM March 14, 1994 TO: FROM: SUBJECT: PLANNING COMMISSION //~ JACK HARDISTY, PLANNING DIRECT~5~/// , GPA 1-94, SEGMENT II; ZONE CHANGe,5542 The following are comments to the Initial Study and staff responses to the comments: Comment: Kern County Transoortation Management Department - Correspondence from Transportation Management states that the steam line must cross Alfred Hartell Highway and County Dump Road, both of which are under County maintenance. The method of road crossing must be clarified before Transportation Management can issue an encroachment permit. Response: Staff will recommend the following condition to the Planning Commission: "Prior to construction of the steam line, applicant shall present steam line road crossing plans to and apply for an encroachment permit to the Kern County Transportation Management Department for an encroachment pertnil for the crossing of Alfred Harrell Highway and County Dump Road. Comment: Environmental Health Services Department - The Health Department has concerns regarding protection of the public water system and sewage disposal system. Health Department comments are as follows: The public water system, California Water Service, serving the proposed facility shall be protected from cross-connection/backflow hazards in accordance with Title 17, California Code of Regulations and requirements of the Uniform Plumbing Code. Prior to construction, plumbing, irrigation and fire system plans shall be submitted to Kern County Environmental Health Services Department for cross-connection control plan check approval. o Prior to the issuance of building permits, an engineered sewage disposal system design shall be approved by the Environmental Health Services Department. The report shall address soil type and depth to ground water, among other data. Planning Commission GPA 1-94, Seg. II March 14, 1994 Page 2 Response: Staff will recommend item numbers 1 and 2 above as conditions of approval Comment: Kern County Planninu Department - The County Planning Department has the following concerns: 1. Ambient light level in an area that has no existing lights. 2. The Initial Study does not consider microclimate changes to the area. 3. Are natural gas and electrical lines currently at the site? Response: Ambient Light Level- It cannot be argued that the project's night lighting facilities will not create an ambient light impact on the project area. However, the exterior lighting facilities will be designed to create the least possible ambient light impact. Directional lighting fixtures will be utilized as is currently required by city ordinance for all commercial/industrial projects; This type of directional lighting requirement is used successfully throughout the metropolitan area. The flow of light during fog is expected to be minimized by the cogen's relative~ isolated location. Both the exterior lighting facilities and the light glow from fog will comply with a "photometric study" addressing light impact. These measures will ensure the impact of lighting to be less than significant. Z Microclimate Changes - Your concerns appear to be based upon cooling towers producing a large volume of vapor clouds and such clouds being dispersed over an area of significant size. Correspondence from WZI, Inc indicates that the design of the Bear Mountain facility is not conducive to the formation of large vapor clouds and that vapor clouds would not extend beyond the site boundary. With the county's extensive experience with cogeneration projects, perhaps you could suggest effective measures which address microclimatic changes and the production of localized vapor clouds. Gas and Electric Lines - A gas line will be extended to the site from the Mojave Gas Line located approximately one-half mile south of the cogen sight. P.G.&E. will provide transmission line linkages as no linkage currently exists to the site. Planning Commission GPA 1-94, Seg. II March 14, 1994 Page 3 Comment: City of Bakersfield Fire Department, Hazardous Materials Division - The Hazardous Materials Division states that the facility will be handling significant quantities of anhydrous ammonia and smaller quantities of chlorine gas and sulfuric acid all of which are rated as hazardous materials. Also, a Risk Management and Prevention Program must be completed, approved and implemented prior to facility operation. Resl~onse: Staff recommends the following as a condition of approval.' ~/lpplicant and/or property owner shall submit a Risk Management and Prevention Program to the Hazardous Material Division of the City of Bakersfield Fire Department. Said '~rogram" must comply with Chapter 6.95 of the California Health and Safety Code and applicable City ordinances. Also, said program must be completea~ approved and implemented prior to facility start-up. RD:pjt l~rapcs2 0~!~11/9~ 10:~? K.¢. PLAMMIMG & DEU SERV. BK,CA 001 PLANNING DEPARTMENT TED JAMES, A. LC,P., Director RESOURCE MANAGEMENT AG~NI;Y JOEL HEINRiCHS, AGENCY DIRECTOR March 11, I~4 Demrblr. C huthier: Thank you for the re. spon~ to our comment~ regara;.g the referenced proposed proje~'t. This department's ~on~m~s ~ addisseal in )~ur r~Tmnaea. In reg~-ds to ~'~ur r~qm~t for aug~os~i~r%s rc~ttrdi~ n%ethod~ to ttddre~ ~licrocHmati¢ changes, due to the relatively remote Iocmion of County p~jt~t~, t!~s d~l~t~u~'nt has not identified mim~limatic clmnges as a ~ignificant adver~ ~uiFa~-t. Tht~ wc ~ no peculiar expcrdr~ in microcl~nadc chnnge rendmexi by cogenerade~ F,,,jects. Thank you f~r t!~ opportunity to ~,~.~mt =rid y~,~ timely William L I~mm~ Senior Planner T$:WL:U San Joaquin Valley Unified Air Pollution Control District EOEEV March 3, 1994 #AR 0 7 CITY OF 6AKEIRSFIELO PLANNING DEPARTMENt~ Richard Dole Project Planner CITY OF BAKERSFIELD PLANNING DEPARTMENT 1501 Truxtun Avenue Bakersfield, CA 93301 SUbject: Proposed Negative Declaration for GPA 1-94, Seg II - CUP #5548 The San Joaquin Valley Unified Air Pollution Control District (District) has conducted further review of the referenced proposed Negative Declaration for General Plan Amendment 1-94, Segment II. The District now feels that the Negative Declaration would be satisfactory in dealing with all air quality issues if the following concerns were addressed. To comply with determination of a Negative Declaration, the applicant must receive and comply with all conditions in a properly issued Authority to Construct from the District. Additionally, the; facility, once constructed, must comply with Air Toxics "Hot Spots" Information and Assessment Act of 1987. We have reviewed the CO modeling, requested and received additional information on the modeling, and agree with the results. To complete your records we are enclosing an Addendum dated February, 1994. To complete your disclosure requirements to the public, please expand the Negative Declaration Air Quality Section to include a discussion of the following items: o Source emissions as can be summarized from the application o Modeling impacts and assumptions o Concerns to be addressed in the permit application issuance process Northern Region Central Region Southern Region Proposed Negative Declaration for GPA 1-94, Seg H - CUP #5548 Piehard Dole March 3, 1994 Page 2 The District appreciates the opportunity to work with you on this proposed Negative Declaration. If you have any questions, please do not hesitate to contact me at (805) 861-3682. Joe O~annon Environmental Planner, Southern Region Fax cc: WZI, Inc. APCD Ref #; $940021 STATE OF CALIFORNIA--THE RESOURCES AGENCY CALIFORNIA ENERGY COMMISSION 1516 NINTH STREET SACRAMENTO, CA 95814-5512 March 3, 1994 PETE WILSON, Go~rnor Mr. Richard Dole City of Bakersfield ,Planning Department Bakersfield, CA 93301 MAR 0 7 1994 CITY OF BAKERSFIELD PKANNING DEPARTMENT Dear Mr. Dole: GENERAL PLAN AMENDMENT, ZONE CHANGE AND CONDITIONAL USE PERMIT FOR A COGENEgATION FACILITY (SCH. No. 94022021) Staff of the California Energy Commission (Commission) has reviewed the City of Bakersfield's Notice of Preparation (NOP) and Initial Study for a General Plan Amendment, Zone Change and Conditional Use Permit for a 48 megawatt cogeneration facility. The City plans to prepare a Negative Declaration for this project. Staff offers comments relating to public health and safety, land use, socioeconomiea, transmission lines, cultural resources, paleontological resources, visual resources, and transportation. As stated in the Commission's letter to Bear Mountain Limited, dated February 16, 1994, the Commission is respons~lc for certifying all electrical power plants with a generating capacity of 50 MW or greater. A copy of staff's "Engineering Questionnaire" was enclosed with that letter, with a request that it be returned no later than March 18, 1994. Based on the responses to the questionnaire, staff will verify the generating capacity of the project. If staff determines that the project equals or exceeds 50 MV4, the Commission would have jurisdiction over the project and would act as lead agency for purposes of the California Environmental Quality Act, under Public Resources Code section 25519(c). General Comments on the NOP and Initial Study The NOP tends to minimize, or not completely integrate the comments and recommendations of the consultants hired to prepare various sections, especially the recommendations in Appendices VII-2: Paleontological Resource Assessment, and VI-I: Traffic Impact Study. Supplemental Information Facility Design Features contains specific information that should be used as mitigation measures in the Negative Declaration. Public Health and Safety Anhydrous ammonia and chlorine gas will be used for the cogeneration facility. The analysis provided in the application does not include methods, assumptions, or calculations for the analysis of potential impacts associated with an accidental release of anhydrous ammonia or chlorine gas. The Hazop analysis provided does not adequately address delivery operations and the potential for human error, which pose the greatest risk of accidental release. Without complete documentation of the impacts analysis, it is not possible to independently analyze or verify the conclusions reached in the Mr. Richard Dole Mamh 3, 1994 Page 2 application or provide meaningful comments on the application. The assumptions leading to release scenarios, including wind speed and quantity of material released, need to be documented to allow interested parties to provide meaningful comments regarding the analysis. Anhydrous ammonia is an extremely hazardous material. The Initial Study should contain a discussion of using aqueous ammonia as an alternative. The use of aqueous ammonia reduces the potential for significant impacts. Land Use The information contained in the NOP and Supplemental Information Facility Design Features should clearly define the total area of land to be disturbed for construction and operation purposes, including those areas for proposed alignments for the steam, natural gas, and water lines. Land Use, page 18 proposes a General Plan Amendment to change the land use designation from Low Density Residential (LR) to Resource-Mineral Petroleum (R-MP), and a zone change from Residential Suburban (RS10-A) to Agriculture (A). The Negative Declaration should discuss the . consistency of the proposed General Plan Amendment, zone change, and conditional use permit with the General Plan. The Negative Declaration should aiso include maps showing existing and future land uses, General Plan designations, and zoning along any proposed linear facilities related to the project. Sohioeconomics The information contained in the NOP states that there will be minimal impacts to housing, schools, and associated public sen, ices because the workforce needed for construction and operation will come from the local population. To ensure that the applicant hire locally and that no significant impacts occur, a mitigation measure to that effect should be included in the Negative Declaration. Proposed Mitigation Measure: The Project owner and its contractors and subcontractors shall recruit employees and procure materials and supplies within the local area to the fullest extent possible under federal and state statutes. Transmission Lines Communication Design Features on page 22 states that "Minor expansion of communication systems may still be required". The discussion should indicate if new lines or poles will be required and whether they will be undergrounded. Cultural Resources The information contained in the NOP states that no archaeological features or historic structures are in or around the Project Construction Boundary or the Construction Laydown Area and, therefore, no impacts to Cultural Resources will result from the Project. In the event that Mr. Richard Dole March 3, 1994 Page 3 archaeological or human remains are discovered, an appropriate mitigation measure should be included in the Negative Declaration. Additionally, the discussion in the text should state whether the measurements of the Construction Boundary and the Construction Laydown Area include the proposed alignments for the steam, natural gas, and water lines. Mitigation Measures outlined here in 5. and 6. apply to all areas used for construction, including linear facilities such as water, gas, wastewater lines, etc. Proposed Mitigation Measure: In the event that during coustmction, historical, archaeological, or human remains are discovered, construction in the discovery area will be discontinued until a qualified archaeologist can determine the significance and sensitivity of the find; and how the resources will be protected if construction resumes. Paleontological Resources The information contained in the NOP states that no fossils were discovered within the Construction Boundary and none are expected to be discovered due to the depth of the fossiliferous bearing zones beneath the site and the highly disturbed nature of the site. However, information provided by the consultant in Appendix VII-2 contains several recommendations which are based on the paleontologic potential rating, existing practice within the paleontologic consulting community, and Society of Vertebrate Paleontology (SVP) guidelines,which should be included as mitigation measures in the Negative Declaration. They are as follows: Proposed Mitigation Measures: Construction crews should be advised by a qualified paleontologist about the possibility of fossils being uncovered during construction excavation and the actions they should take should fossils be uncovered. Spot-check monitoring should be conducted in areas where excavation is relatively shallow (less than six feet in depth) and where underlying sedimentary deposit is identified as being Quaternary alluvium of relatively recent age. These areas include those parts of the natural gas and water pipeline and northern steam pipe alignments outside of the cogeneration plant imprint, as well as the steam pipeline alignment west of Alfred Harrell Highway. Should excavation exceed six feet (except within deposits clearly disturbed by previous landfill, mining, and oil field activity) anywhere along this interval, it is recommended that those intervals be monitored full time. Full-time monitoring should be conducted in areas where excavation is relatively deep (greater than six feet in depth) and where the underlying sedimentary deposit is identified as being older than Quaternary in age. These areas include the cogeneration plant site and that part of the southern steam pipeline alignment that traverses Kern River Formation. d. In the event that during construction fossils are discovered, construction in the Mr. Richard Dole March 3, 1994 Page 4 discovery area will be discontinued until a qualified paleontologic resource specialist can determine the significance and sensitivity of the find; and how the resources will be protected if construction resumes. The Applicant shall ensure preparation of a paleontologic resource report by the designated paleontologic resource specialist, if significant paleontologic resources are found at the Bear Mountain site. Significant fossils discovered during construction or monitoring should be collected by the designated paleontologic resource specialist and prepared, identified, and delivered for curetlon in a scientific institution with p~,manent paleontological collections. Visual Resources Because the facility will be operated 24 hours a day, nighttime lighting will be required, and will therefore be vis~le to the surrounding area residents. Information provided by the consultant in Supplemental Information XVI. Light and Glare should be included as mitigation in the Negative Declaration. Prooceed Mitieation Measure: Bear Mountain Limited will design all lighting in accordance with a Photometric Study to mlnlmiz~ array light off the property while meeting OSHA standards for operational safety. Shoe box type lighting f~tures which direct light downward, with cutoffs at approximately 45 degrees, will be utilized. Nighttime inspection will be utilized to make final adjustments. Transportation Based on information provided by the consultant in Appendix VI-h Traffic Impact Study, the Negative Declaration should evaluate the potential for traffic impacts due to construction of the project. This should include a description of the condition and capacity of local public roads, the present traffic volumes, anticipated future traffic volumes without the project, the expected traffic volume with the project, and any measures proposed to mitigate potential impacts. The Negative Declaration should also discuss the expected decrease in LOS from "C" to "DM for the Fairfax Road segment north and south of Auburn Street and the intersection of Auburn Street, with the General Plan Circulation Element. The Negative Declaration should also discuss the proposed project in relation to the street system additions which will be built by 2010 to conform to the 2010 Circulation Element, and the proposed funding mechanisms to provide for the future signal at Fairfax Road and Paladino Drive. Additionally, the Negative Declaration should discuss the transportation routes for trucks carrying hazardous materials, and the coordination of these routes with the City of Bakersfield Fire Department. Mr. Richard Dole March 3, 1994 Page 5 We appreciate the opportunity to provide you with comments. If you have questions or would like more specific information please contact Lorri Gervais of my staff at (916) 654-4678. Sincerely, ROBERT L. THERKELSEN, Deputy Director for Energ3, Facilities Siting and Environmental Protection cc: State Clearinghouse MEMORANDUM March 3, 1994 TO: PLANNING COMMISSION FROM:~~! JACK HARDISTY, PLANNING DIRECTOR SUBJECT: GPA 1-94. SEGMENT II; ZC 5442 The Initial Study prepared for the GPA and ZC references numerous appendices, staff has opted against transmitting the appendices with the staff report. The appendices may be reviewed in the Planning Department. For an appointment to review the appendices, please contact Marc Gauthier at (805) 326-3786 or Richard Dole at (805) 326-3041. Exhibit "A" attached to this memo lists the appendices contained in the two volume set. RD:pjt Attachment l\mpc3.3 Appendix II Appendix Ill Appendix IV Appendix V Appendix Vl Appendix VII Appendix VIII Earth Appendix I1-1. Appendix 11-2. Appendix 11-3. Water Appendix II1-1. Appendix 1ll-2. Appendix 111-3. Air Appendix IV-1. Appendix IV-2. APPENDICES Preliminary Geotechnical and Geologic Evaluation Erosion Study Grading Plan "Can and Will Serve" Water Purveyor Service Areas Drainage Study Air Modeling Study Preconstruction Emission Projections Biological Resources Appendix V-1. Transportation Appendix VI-1. Cultural Resources Biological Resource Assessment Appendix VII-1. Appendix VII-2. Land Use Appendix Viii-1. Appendix VIII-2. Appendix VIII-3. Traffic Impact Study Archeological Assessment Paleontological Resource Assessment General Plan Designation Map Zone Map Agricultural Soils Map Appendix IX Appendix X Appendix XIII Appendix XIV Appendix XV Appendix XVI Socioeconomic Public Services Appendix IX-I. Utilities Appendix X-1. Septic Design Pipeline Routing Map Health Hazard/Public Safety Appendix Xlll-1. Site Assessment Appendix Xlll-2. Preconstruction Noise Appendix XlV-1. Appendix XIV-2. Aesthetics Appendix XV-1. Ught and Glare Appendix XVI-1. Design Study for Potential Incidents Involving Hazardous Materials Memorandum Regarding Noise Producing Characteristics Noise Assessment Visual Quality and Aesthetics Preliminary Report: Back Ughting Analysis ENVIRONMEN i'AL HEALTH SERVICES DEPARTMENT STEVE McCALLEY, R.EoH.S. DIRECTOR City of Bakersfield Planning Department 1501 Truxtun Avenue Bakersfield, CA 93301 March 2, 1994 2700 'M" Street, Suite 300 Bakersfield, CA 93301 (805) 861-3636 (805) 861-3429 FAX CITY OF BAKERSFIELD taL~&N NIN~ DI~I~A,!qTME N1, ATTN: Richard E. Dole SUBJECT: Consultation process on Proposed Negative Declaration for BEAR MOUNTAIN LIMITED,General Plan Amendment 1-94, Segment II; ZC 5542; CUP 5548 Dear Mr. Dole, The Environmental Health Services Department has the following comments: The public water system, California Water Service, serving the proposed facility shall be protected from cross-connection/backflow hazards in accordance with Title 17, California Code of Regulations and requirements of the Uniform Plumbing Code. Prior to construction, plumbing, irrigation, and fire system plans shall be submitted to Kern County Environmental Health Services. Department for cross-connection control plan check. approval. Prior to the issuance of building permits, an engineered. sewage disposal system design shall be approved by the Environmental Health Services Department. The report. shall address soil type and depth to ground water, among other data. Sincerely, Steve MCCalley, Director BY: Saq~ly Keldgord, R.E.H.S. Environmental Health Specialist III SK:jg MEMORANDUM "WE CARE" March 2, 1994 TO: FROM: SUBJECT: Richard Dole, Associate Planner Ralph E. Huey, Hazardous Materials Coordinator~/~ - Negative Declaration, Kern Bluff Oil Field Cogeneration Facility It should be noted that this facility will be handling significant quantities of anhydrous ammonia, as well as smaller quantities of chlorine gas and sulfuric acid all three of which are rated as acutely hazardous materials. Because of the quantities of ammonia handled the plant owner is required to complete a Risk Management and Prevention Program, pursuant to Chapter 6.95 of the California Health and Safety Code. This plan is to be completed, approved and implemented prior to the start of this facilityl VVZI has been contracted to complete this Risk Management and Prevention Program (RMPP). The comments under the section Health Hazards/Public Safety, are correct in that WZI has completed a Phase I site assessment. WZI will also complete a review of the operation, including recommendations of any necessary engineering modifications to mitigate the risks of an ammonia release. This plan will also address transportation routes that the bulk anhydrous ammonia shipments will use between interstate 99 and the facility. The RMPP will be subject to a 45 day public review period, with the public notice published in the Bakersfield Californian within 15 days of this office finding the RMPP complete. I would agree that the other hazardous materials used on site at this facility pose no significant Public Health or Safety impact. REH/ed cc: M. Kelly H. Wines San Joaquin Valley Unified Air Pollution Control District February25,1994 Richard Dole Project Planner CITY OF BAKERSFIELD PLANNING DEPARTMENT 1501 Truxtun Avenue Bakersfield, CA 93301 MIR 0'1 1994 CITY OF BAKERSFIELD Subject: Proposed Negative Declaration for GPA 1-94, Seg II - CUP #5548 The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the documentation on your proposed Negative Declaration for General Plan Amendment 1-94, Segment II and accompanying documentation from WZI, Inc. The District feels that the documentation and Negative Declaration has been insufficient in dealing with all air quality issues. The District, as a responsible agency, cannot concur that there will not be a significant adverse impact on the environment with regard to air quality until further review is presented. Your discussion of environmental impacts says that results of a model prepared by WZL Inc. demonstrate that CO emissions will not create a "hot spot" or cause an exceedence of an applicable air quality standard, therefore "this impact is regarded as insignificant". No mention was made of the concern from direct emissions impact from this project on surrounding population nor any results of toxics modeling which was conducted by WZI, Inc. In addition, upon review of the CO model the District is concerned that the model may be incomplete and may need to be reevaluated. Preliminary review of the toxics model also shows deficient and incorrect results. Based on the information supplied in your Negative Declaration, the District has determined that there is insufficient information to make an environmental determination. The District feels that Sotllhern Region Proposed Negative Declaration for GPA 1-94, Seg II - CUP #5548 Richard Dole February 25, 1994 Page 2 more discussion of the potential air quality effects from this project will be required before the CEQA process is satisfied and the public is adequately informed. The District appreciates the opportunity to comment on this proposed Negative Declaration. If you have any questions, please do not hesitate to contact me at (805) 861-3682. Joe O'Bannon Environmental Planner, Southern Region APCD Rof #: S940021 TRANSPORTATION MANAG~ ,=NT DEPARTMENT WILLIAM A. SUITOR, P.E., Director 2700 'M" STREET, SUITE 400 BAKERSFIELD, CA 93301 Phone: (805) 861-2481 FAX: (805) 324-1715 February 22, 1994 City of Bakersfield Planning Department Attention: Richard E. Dole 1501 Truxtun Avenue Bakersfield, CA 93301 .oESOURCE MANAGEMENT AGENCY JOEL HEINRICHS, AGENCY DIRECTOR CITy OF BAKERSFIELD PLANNING DEPARTMENT Dear Mr. Dole: Re: 8-4.2 Proposed Negative Declaration for General Plan Amendment #1-94, Segment II; Conditional Use Permit #5548, 1-Mile Southeast of Alfred Harrell Highway, and 1 1/2 Mile North of State Highway 178 and Fairfax Road, Bakersfield Thank you for the opportunity to comment on the above noted project. The proposed project would allow development of a 48 Megawatt natural gas-fired cogeneration facility for the production of steam and electricity to allow for enhanced oil recovery in the Kern River Oil Field. The project includes provisions for a steam line from the cogeneration site to the Kern River Field; the project description indicates that the line will be above ground. The line must cross Alfred Harrell Highway and County Dump Road, both of which are under County maintenance. Appendix X-1, Pipeline Routing Map shows the approximate location where the proposed steamline will cross the County roads but does not indicate how this will be accomplished. This needs to be clarified before an encroachment permit for the road crossing can be issued by Kern County Transportation Management Department. Note that the road crossing must be under ground. Should you have any questions, please contact Don Turkal of this Department at (805) 861- 2481. Very truly yours, Principal Planner FS:ab L15.D64 cc: DT/RJ MEMORANDUM February 18, 1994 TO: FROM: RE: Jack Hardisty. Planning Director ~"~ Jake Wager, Economic Development Dkecto~ GPA CYCLE 1-94 COMMENTS The only input the Economic and Community Development Department would like to provide for the GPA Cycle 1-94 is on the tbllowing segments: SEGMENT COMMENTS II With the continued depressed oil price for Kem River crude oil over the last few years, the local oil industry has eliminated hundreds of jobs. Many of the jobs were in technical fields providing excellent wages. The City is in need of these type of skilled jobs to replace those lost in the oil industry. This cogeneration facility can provide some of those johs. This type of facility should be viewed no differently than any other type of manufacturing fac'fiity. The City routinely approves other industrial or commercial facilities with far greater impacts than this cogeneration facility. Facilities such as Nestle', Pestritto Foods/Heinz, even State Farm Insurance's new office would seem to have greater impacts on their surroundings than the proposed cogeneration plant. Our department is in support of the approval of general plan amendment and condiflonal use permit. V This property was once the site of the City's Wastewater Water Treatment Plant No. 1, prior to it being demolished due to obsolescence. Our department, along with Public Works, has had inquiries as to the availability of the property. However, due to its era'rent zoning and land use designation we have been unable to market the property effectively. The requested industrial zoning is not in conflict with the surrounding area. The basis tbr the request is to take an under-utilized City asset and use it to create jobs and economic activity in southeast Bakersfield. cc: Mike McCabe, Planning cw/jw PLANNING DEPARTMENT TED JAMES, A.I.C.P., Director 2700 "M" STREET, SUITE 100 BAKERSFIELD, CA 93301 Phone: (805) 861-2615 FAX: (805) 861-2061 Februanr 16. 1994 RESOURCE MANAGEMENT AGENCY JOEL HEINRICH& AGENCY DIRECTOR Air Pofiution Control Dimtrier FEB 1 8 1994 CITY OF BAKERSFIELD PLANNING DEPARTMENT File: BAKEA.216 Marc Crambier. Principal Planner Bakersfield Planning Department 1501 Truxtun Avenue BakcrsfielcL CA 93301 Re: GPA 1-94. Segment II: ZC 5542: CUP 5548 En~dronmental Consultation Dear Mr. Oautbier: This office has reviewed the referenced environmental document and has the following Pteasc note that Appendix XVI-I. the back lighting anal~is by R-WR Pascoc Engineering, indicates that the indirect glare under ccrtabi weather conditions will "make the... project stand out...." This project will raise the ambient light lcvet of an area that is other, vise dark. The consultant's conclusion that the proposed lighting sWstcms will not have any significant impact on the surrounding area seems unjnstificd and unwarranted given the same consultant's acknowledgement that the facihrv will stand-out duc to indirect glare. The initial study should be modified to inform the dccision makcrs of the consultant's discussion of indirect glare rather than relying upon unsupported conclnsionary ~tatements. The initial study states that the pro{ect will not significantly alter air movement. moisture. tcmrmrature and/or result in any change in ctimatc. either locally or regionaitv. it should be noted that ,Appendix IV. Air. does not consider climatic change. From obsc~'ations. it appcam that cogeneration plant cooling towcr~ are capable ~,f ~roducin[ localized va~or clouds duc to the heat exchange process. This would have an impact on the microclimate of the site. How much additional area would be impacted is open to question as impacts have not been ex~imincd. GPA 1-94. Segment II; ZC 5542: CUP 5548 Environmental Consultation February 16. 1994 Page 2 of 2 3. It is unclear whether natural gas and electrical lines are curmntty at the site. If not. routes for these facilities should be anal,~rzed as part of the proposed action. Thank you for the opp(>rtunity to comment. tf you ha,re questions. ptcasc contact Bill Larsen of this office. Very Truly Yours. TED JAMES, AICP, Director Planning Department By,: William L. Larsen. Senior Planer Environmental Artallis STATE OF CALIFORNIA GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 PETE WILSON, C, overnor MAR 1 6 1994 March 10, 1994 CITY OF BAKERSFIELD PLANNING DEPARTMENT RICHARD DOLE CITY OF BAKERSFIELD PLANNING DEPARTMENT 1501 TRUXTUN AVE BAKERSFIELD, CA 93301 Subject: GPA 1-94, $EG II; ZC 5542, CUP 5548 BAKERSFIELD SCH #: 94022022 Dear RICHARD DOLE: The State Clearinghouse has submitted the above n~ned p:opom~d Negative Declaration to selected state agencies for review. The review period is now closed and the comments from the responding agency(lea) is(are) enclosed. On the enclosed Notice of Completion form you will note that the Clearinghouse has checked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the comment package is not in order, please notify the State Clearinghouse immediately. Remember to refer to the project's eight-digit State Clearinghouse number so that we may respond promptly. Please note that Section 21104 of the California Public Resources Code required that: "a responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency." Commenting agencies are also required by this section to support their co~ents with specific documentation. These comments are forwarded for your use in preparing your final EIR. Should you need more information or clarification, we recommend that you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact Marl Lemos at (916) 445- 0613 if you have any questions rega-ding the enY.~ro~mentak~eview process. Michael Chiriatti, Jr. Chief, State Clearinghouse Enclosures cc: Resources Agency q,.lto S,g~cAc~,ngho~:, l~l'enm$~reekSacr~t .CA95814 91fit~5-~13 )1~ ~ ~O~ .-- .... K~rn Uigh School District (916} 445-0613 State of California California Environmental Protection Agency MEMORANDUM To : Marl Lemos State Clearinghouse 1400 Tenth Street Sacramento, CA 95814 Date: March 7, 1994 From: Richard Dole City of Bakersfield Planning Department 1501 Truxton Avenue Bakersfield, CA 93301 Vincent Paul, Associate WMS, Facility Review Section Permitting and Enforcement Division CALIFORRIA INTEGRATED WASTE MANAGEMENT BOARD Subject: SCH # 94022022: Negative Declaration for General Plan Amendment (GPA) No. 1-94, Conditional Use Permit (CUP) No. 5548 for the establishment of the Bear Mountain Cogeneration Facility, Kern County. PROJECT DESCRIPTION The City of Bakersfield Planning Department, acting as Lead Agency, proposes a GPA and CUP to establish a 48 megawatt natural gas-fired cogeneration facility located within the City of Bakersfield. The 10.67 acre site is located within the Kern Bluff Oil Field, approximately one mile southeast of the intersection of Alfred E. Harrel Highway and Fairfax Road. The project will permanently disturb approximately 7.05 acres, with an additional 17.8 acres temporarily disturbed due to impacts associated with construction of the proposed facility. Total affected space is 10.67 acres. Surface trash is abundant on the project construction boundary including scrap metal, cans, plastic, mattresses, sofas, carpet, refrigerators, household trash, paper, concrete & wood wastes. A computer search within 2000 feet of the property site did not reveal any hazardous waste contamination sites for Cortese, Superfund, or other regulatory agency listings. Bear Mountain Limited Cogeneration Facility SCH No. 94022202 Page 2 Waste oil will be'sent off-site to be recycled or disposed at permitted facility. Due to the presence of onsite trash and debris, the project proponent indicates that existing surface trash will be removed and properly disposed of prior to commencement of construction. a The China Grade Landfill is operated by Kern County and located approximately 500 feet north of the project construction boundary. The surrounding land area is dominated by previous oil field production activity and the China Grade Landfill. The waste existing onsite appears of domestic origin and generation. The landfill is inactive and Kern County Waste Management is in the process of developing a closure plan. Closure of the landfill is tentatively scheduled for 1996. California Integrated Waste Management Board (Board) staff have reviewed the environmental document and offer the following comments: GENERAL COMMENTS The Board is the state agency which oversees the disposal of nonhazardous solid wastes. The Board has regulatory and statutory authority over the operation and maintenance of solid waste landfills and related facilities. The Board operates in cooperation with local governments to assure protection of the public health and environment from potentially detrimental effects of solid waste management. PUBLIC HEALTH AND SAFETY The environmental document did not identify public health and safety hazards associated with the transport and handling of various waste types scattered across the project site prior to construction. Board staff suggests that all site personnel responsible for identification and handling of wastes scattered about the site be fully trained in the separation, handling, transport, and disposal requirements of nonhazardous and potentially hazardous wastes. It would be helpful if the project document included a description of training programs for personnel, and specify qualifications for safe handling of nonhazardous and potentially hazardous materials prior to the adoption of the environmental document. Additionally, Board staff expresses concern with the project site and its proximity to the China Grade Landfill. Although the China Grade Landfill is inactive, the potential for landfill gas generation and migration resulting from solid waste degradation may continue for an indefinite period of time. Bear Mountain Limited Cogeneration Facility SCH No. 94022202 Page 3 The potential for landfill gas to migrate beneath the proposed construction site may increase after proper landfill closure activities occur, in addition to any affects from soil disturbances during construction of the cogeneration facility. Board staff looks forward to continued correspondence with the lead agency to assure that the proposed project is aware of landfill gas migration. Although the proposed project does not intend to affect landfill gas generation or migration, Board staff suggests that the lead agency and project proponent be aware of the landfill gas management regulations in accordance with the California Code of Regulations (CCR), Title 14, Division 7, Chapter 3, Article 7.8. (Attachment). These regulations are associated with a Landfill Gas Collection System and require that the solid waste facility incorporate techniques which demonstrate the following: Prevention of methane accumulation in on-site structures. Reduction of methane concentrations at monitored property boundaries to below compliance levels. * Reduction of trace gas concentrations. Provisions for the collection and treatment and/or disposal of landfill gas condensate produced at the surface. CONCLUSION Board staff thanks the lead agency for the opportunity to comment on the proposed project. If you have any questions regarding these comments, please contact me at (916) 255-2370. Attachment William O'Rullian Kern County Environmental Health Services 2700 "M" Street, Suite 300 Bakersfield, CA 93301 Department Title 14 Cnlifornin inte~,rnted Waste Mann.mere ~rd § 17742 § 17703. Fire Control. The opemor sh~ take adequat= mcastt=s for f~ly ~ ~1~. ~0). o~ s~l ~ ~ o~ of ~y ~ ~ by ~ ~ a~. ~ of ~ ~g ~ ~ ~b~ ~ by m~ ~ ~. ~ o~ ~1 duly ~ ~e dh~ ~i~ ~of ~bk ~f~ ~. I. ~ wi~ ~- ~ ~ ~ 1~-~9 ~t ~ ?s, No. 30. ~ 1~6, Du~ Contel. ~e o~m~ s~l t~ adequ~ me~s to ~ ~e ~i~ of dusk ~ 1~07. Ve~rand Bl~ ConSol. m ~n~ bid ~ble~. ~ 1~08. ~l~ge and ~oslon ~n~l. Ad~,~= ~ s~ ~ ~ If ~i~ ~. it ~1 be ~0~. ~ 1~. ~w~W~. No ~d ~s= ~ ~ ~i~d in s~h ~ ~ C~ia Re~ W~ ~ty ~n~l ~ ~ ~0, ~mdln~ o~ Fill ~ve~ s~s of~ d~ ~ ~1~ ~ to~o~ f~. ~ eff~vc ~t~ m~ ~y ~ ~. L~rCo~L ~ ~d 1~ ~ ~1 ~ ~ly ~ ~ ~ of ~ly, ~c ~Hec~ ~q~cy ~ ~ ~t ~ ~n~g ~e ~u~on of qu~ which ~ ~y able or cause oOter pm~kms.'f~ Enfc~emcm Agency shall ly monitor ~h= effectiveness of the litter con=ol program. § 17712. Nol~e ~entrol. (H) Noise shall be con.oiled to p~v~t heal~ h.-~is to lm~ons us- ins ~hc site tnd to n~Foy ~siden~. § 1T/1q. Odor Control. (H) The disposal site shall not be a somme of odor nnbanccs. § 17714. Tm~c Control.. Trai~ flow into. ~. nnd o,t of ~e 4islx~l site dttU I~ in aenxd with ence and safety I=oblems for ~'tlT~c ~n ad~ public ~ cf muds. Spec~csdly, smckin~ of vchicles waign~ to enm'the site ~npublic semis § 177'15. Ponded Liquid. (H) Any l~nds nsed for holdin~ liquid waste ~- fc~ leachte co~l weed cc~=~ and the ln~=c~ of wildlife § lrr~. mnndb¥ ~qu~,n~n~ . § 17735. Re~ordlng. Pa~e 737 Title 14 Cal. ifornia lntegtamJ Waste Mann~ement · § 17763 ~ fluM movement, fluid movement ~fers to both liquid and gucous pluses. (26) l. Jque, fac~i~. "Uquefsotion' means thc i~oc, s n~s~liing f~m ~sm~.c or othor shsking whe~by solid sranular ma~'ial takes on the flowinn chara~crls~ of n liquid. (27} Oeosyn. thetlc M~mbranc. "Gcmynth~c Membranc, means any sion of, fluids. ~ to obscurc tho ac~vc w~king fnc~ fr~n publ~ (29yOn=s~. "O~sitc" moans ~ within thopcnniU~d s~ comlatcnt With thc normal pattomofopctttionin thc soUd wns*," fu:i]ities (31) OIx~-ing unit. =Opcm~nf U~it" means thosc poflions of a site which t~ cn~mdy rsoei~d~ WOStcLIt Jnr. lud~ inso~ve unin that hnv¢ no~ bean ck~M:l pu~uant to d~n~q..'..,~ms of t~s chalet and at which owns' bconm~ legally ~ sponsiblc to the Stat~ f(~including; but not lira- itcd to, thc following requixon2mts for · soUd waste lan~R'~: (Al ob~ · solid wasto facUidcs pe~nit~ (~=compiy~ng with all appii~bl~ fe.d~, ata~ and local ~quirc- (C) tho physical opeutinn of the site; and . ('D) closing and mt~nudning the site dm'lng the p~s~losurc ma~nte- (33} Puffin} Clost~c..=Pafli~ Closure" n~ans the closure of discre~ units of · alto or thc in2picmantution of c~ain closu~ activities consis- ~nt with thc closu~ of d~e enti~ sit~, in &~.~,,,~ance with thc ·pln~vcd closu~ plan. ....... * ..... (~4) Pucr-Reviewod. "pu~=tcviewed" mean3 publisl~l and indcpcn- dc~tiy Fcvlcwed by other expe~q With~ the sen~ academi~ (35) Purchcd C~ound Wator. 'Pemhod C~oond Water" mcans ntu- rated g~ound water tht is uncont'mcd and of l~nlted arul extent. (36) Pcnnc~bility. "Penn, ability" means thc ability of ,~nmO and arti- ficial manta·is to ~'aflsn~t fluid. {37) Principa] Gnscs."Prlncipal Gnses" mc·ns thc organic or inorgan- ic constituc~t~ of landfiU Fas, ~c~tcr than onc perccn! by volume, that typic·}ny include ca.,hun d~oxldc, mc~.hane, oxygen, and (38) l~vate Accc~s. "~'~vatc Access" means that public nccen and disposal a~c not allowed. (39) Professional Land Surveyor. 'l~:~fcssional Land SUFvcyor" means · lan~ surv e.vor liccnsod by tiM'Stl~ of C.~ifornit p~3uant to scc- don 874'7 of d~c Business and Professions Code. (40) Rcgiate~d Civil F~cor. "Rcgistorod Civil Euginccr" means · civil enginccr rc~.ste~:l by thc State of California. pu~unflt to section 6762 of thc Business and Professions Code. (41 ) Rcgis~cd Geolo~t. 'Rcgistcrod Ocologist" means u geoingis~ Fcghtcr~ by thc State of C.a~ fomia, pm3uant to sec~on 7842 oftJic Busi- ness and P~fessions Code. (42) Run-off. "Ru~-~ff" means any In'ecipitation, lc·chant, or Uquid that d~a~s f~m any pm of a wnstc mm'mgcmem unit, as dcfine~ in Public Rcsou~.cs Code section 43000~al. (43) Run-~n. "Run-on" m~ans any precipitation, leacht~, or otheF liq~d 03o.1 tiraifls onto any pm't of a wute mansgcment unit, ns definod in Public Resom'ccs Code (44) Sciche. #Scichc' moons · p~odic osciilsti~ of a body of wat~ whose f~cqucncy of~seRladon is dct~mincd by the r~soonnt ~.~s- dc3 of thc containing basin. (45) Selsm~c Acceleration. =Selsntic Acccle~iti~n" means the acceJcr- anion of ~ pardclc~ caused by earthquakns or othe~ similar (46) Se;,,~,L~ Ac~.k~adon Rodu~on Fsot~-. "Seismic ~ d~of~ ~n 1~ ~!~n (47) k~ ~.~ ~p~" ~ ~ m- p~of~ cu~ byl~~~. to~ (~) ~ ~. '~ ~" ~ ~ d~ of (~) Si~. ~ ~ t~ ~ ~ I~ ~. (~)~.~ ~"~ ~w~ ~ ~.~ ~). ~,"~m ~C~ of~~ 16, ~ 4~. ~ ~of~~ w~ f~ (~)~,~ C~S~ ~o~" ~ ~it;~s of ~ ~ m~ ~ f~ ~ n~ of ~-~ (S~) T~m U~c ~ U~" ~u~ but b ~ ~ ~: (~)T~~"~o~~ v~yl ~, ~, hy~s~ ~, ~ ~ h~ ~ ~ wi~ w~.~ ~ ~y~ w~~ by~ f~, ~ ~h~ (~) Un~b~ ~ "U~ ~" ~s ~ ~ble to ~g ~ si~ ~n~t ~. (61 ) Wm~ "W~" m~ ~e ~ ~ ~ ~ a wen ~ c~ nd ~ ~7~d~ ~q ~Y N~ 3~). A ~~~MO~w~ 1~ ~~~~ ~~m 12-1~9. l~ys~ ~w~ ~ ~ ~ 3. New section ref'ded .3-Z?.-90 s~ un emetjm~j; oS~telve 3-22~0 ?.8j~.. 90, dsys flr~";-20=go) a- anerseany hnSutSe M~I be .t~,-b,~ by ~mmien ~h. 7-21-90. l~e 739 Title 14 ~aliffaruiz Integrated Waste Management sponsc plan to bo~ thc local enforcement ngcocy and the Boat~ within thifly (30) days of r~eip~ of sm inadequacy notice. (d} Whenever th~ opera·re' amenda fluc emcrg~cy rcsFonsc plan pur- suant to subec~on (c) ( 1 ) or (2). thc oporator sha~ submit a wriuon copy of~ amon~d pisn to bo~h the incal onfcrcmn~u ~y ~ the Board. NOT~ Ambxlty eiu~ Se·siam 40~02 mid 43020. Publi~ J~aonau Code. tod ~(~ 35). A C~tifEtts m Coml~mee must ue nmmlmd m OAL wi~n 120 days or ~ Isu~u~e will be r~ealed by opemi~ ~'law m 12-1 ~-[9. 120days (by 7.-20..90) meneaZm~ hnfu~e w~ be r~ b~ ~i~ ,~ law ~ 7-21-90. - §17'/~7. 8~urltyntOlo~dSlte8. .'~4~-~ , · (a) Tha operator shall plaon a sign at all poinu of *_ _,?~_ _ to t si= simy tcudud date ofclmnse of the sim smd shah p~vide the location ofalt~m- ~msin for a i~'iud of no~ lnss than one handed eighty (180) days afar theffa~ity hac mteiv~l the nam shiprec· of wast~A almn.r no·inca. tine shall be plat~lin · lneal a~wspapor (s) of genoral ~ within th· ~ca which ~ sit~ se~'i~L This notion shall be poblilbed thirty (30) ofr. lneu~, and nit, ma·ire solid wnsm mam$~m~nt fnc~liges. . (b).Sites which do not allow publi~ disposal ~nd which have not al- loyal public ac~ss to thc site for mor~ than one year prior to ~:sontinn of aconptsnce of waste, or a~ und~t'ing partial clog·m: pursuant to sec. · ion 17764, shall be exem~:t f~m the provisions of subeoctinn ' ' ' (c) Thc operator shall ensure that within t~n (10) days afierrnecipt of thc final shipment of waste, all points of ae~.nss to the sit~ are restricted to only entry permitted by this section. Components of soy monitoring, control or ~r~'overy systems at the sits shall be protected from access oth- er than that allowe~ in accardarle, e with th~ cin~a~ and poatnlosul~ ma~- termncc plans appFovcd pttrsuant to chapter $, m~i~le 3.4, section I g271. (d) At lc·st one { 1 ) sign shall be po·ted in a visible inca·ion at the main point of access within ten (I0) days of rneeipt a f thc £mal shipment of waste at a facility indicating whe~ the ¢losur= tad posteinsu~ mainte- nance plans are kept and can be viewud for public inspection. The sign shall include · telephone number for emergency nofifmation. The num- be~ shall either b~ local or toll--f~. This sign shall remain for the dura- tion of the pos·closer= msintemmee period and shall be malntsincd in legible and upright condition. (c) ,~ signs required by this section must be written at least in English (additional languages n~ pennined) and be clearly l egiMc to anyone with normal vision during daylight hom~ at · distan~ of 2.~ feet f~m the site boundary. (fl The local sofui,.~nent ·gnncy or thc Board rosy require mere signs, signs written in additional languages, larger signs, or signs of clsur~r dc- sign, wben ne~:ssar?' to carry, out t~ provisions of this gu·ion, by sub- mi·ting a writ·on notice to the operator. Thc operator shall then have thirty (30} drys slier ~ipt to implcmont the noti~. (g) Thc lne~l ~orcanmnt agency, with the written coocmTonce of thc Board may grant variancas frmll th~ sign provision (d) of this sea·ion after re~iving a wfitt~ request by the operator. The oritsrin the in~l ~forca- m~t agency and the ~ shall me in issuing veriance$ shall include: local land and water u~. nature of thc waste, aomainmont design, time · sin~ clom.results of monit~ng program% nnd thc ~ngth of time vions signs r~nalned intact. § 1~ Inapoctfon Upon Completion. (H) Thc local ~forc~mu sgea.-/, the local public heahh on6ty. L.~d th~Bomt shall ha notifiud by·he opemornomo~e than~-n (10) day~ d~or th~ last shipmem of wns~ bar been rt~i',md at a dbpnsal fac~ity or a dis- ,-.~-~,. urdt subject to pt~ial clonusu as described in soFtion !7764 of this sm~ activitias. The local enforonu~m qen~y shall~ tl~ ~ within ~n(10) workin~ days of no·inchon to d_~__~mb~ ~nt the ~quirun~ts of soc~on 17'/67, widdn this micle, have bnen me~. Londf~ ~,~,,,~n equipmont shall not be ~cmovud fsom tha facillty until thc impectitm has NOT~ Auth~ eitsd: Se~iom 4OSOR and 43020. Publlc R~ Code; uod Section 66796.2,~d). Gove~em Code. Reference: Section 43021. PtdJlJc Re- 2. Am~Jdmem filed 8-18-89 m su emerim~c~'; open·lye S-I S-S9 .(RA1/.m~.?. $9, No. 35). A ~ts ef eft'm?. "m~e mint be e'~mmJnel to OAL wi~ 120 ~1;~.' § 1,,4'4'1. ~tl'uct, um Romoval. ' (·) Thc operator sh~l: ( 1 ) provide for thc s~cu~t~, monitoring and mainmnanoc of sito atruc- turns during the posu:insurc period in aconrdanoe with th~ finalpostoin- sure to~ntonancc plan. s~F~:d pmsuant to chpmr 5. m~c~ 3.4. asa- tion 18271; or (2) d.~.,~,,mtla and ~move the. se sUuctures at fiuc ~ ofclcau~ in ac- plsn of chapter ~, a~clc 3.4, scctinn 18262.3. P'~e741 Title 14 . Cnlifornfn Integrated Waste Mnnngement ,rd § 1'//'/4 used, the isbo~.s~-y procuduru to be utiUzed, the c~Ubnttion of hibur~o- rycqu~pment mdquaHtyassm'am~ and qualitycom~ilofbtboratury ~ endures, 5. the pms/fafi oritcria for asmpUflg and testing methods used to achieve final cover dcs~n, and 6. · deL-'ription of thc corrantivc procedures in the event of test faUm~. (d) Comm2ction q.~ty asm~anco documentation r~luiremmu shall cer. The fo~owing l~TOm slmll be submit~d, but not be limited to: ( 1 ) Daily rece~req2~.whk~ shall include e~l~-adon of a ~mmm~- ond co~cctive mgasm~ ..p~--d. DaVy ~,,m,,u,'y reJX~S ~ l~:V~lC · Inap~don dm sbu~ shall cora·bt ~11 obse~iom (i.e.. no~, chins. teiind dcsc~plinns o/materinh and/or w,,~ ~,amhip that do n(g n~gt t spa~ified d~i~nand shs.Rb~e~mss-~f~l to slo~cinspcc~on data sbem whe~ drinublun was id~tificd and con'~te~ (2) All tcjx~ts shall be.ans~mbkd and ~,,,~,~.~1 imo Accoptancc Repom in urd~ to verify that thc mate~iais and construction preccucs eompty whh the ~ deti?_ This report shaU include, st s mini- mum. insj~im s,~-,,~,yroporu,~nspcction damsh~ts, probinmidan- (3} At th~ cempl~,.~ of the lZOjcot,~e opor~tor shall prcl~ · Final Documcntetim which conm~* all reports submitted conc~m~g thc placement of the final c°vtr:This document shah provide evidence tlmt the~CQA plan Was implemented as proposed and that the consmu~on prc-c~___a_cd in acon~lnnco with dna~n c~oria, plans; and spocificefions · punuant to ch~ter 5, m'ticlc 3.4, ~ -~-~on 18275. (4) Thc operator shall submit copies o f the Firml Documem~tinn report to the Boa~i and the local enforcement a~ncy as p~pt~d by thc CQA ($) Once cinsurc'~ons~uction is complete, the document originels shall be sto~l by thc opentor in n manner that will nllow for cas? access while still p~:~.cuflg them f~m any damage. Al! documentation shall be mainuined thi'onghon! thc po·reinsure msintcmmcc pcriud. (e) Laboratory Testing Requirements (l).Antlysis of.earthen mnterieis shall be pcr~ormed i~or to their phccmant omo the final cover. Representative samples for nach biyer within thc t'maJ cover shall be cvnluated. Thc following minimum Inborn. tory testing procedures shall be perfurmed: (A) AST~ Designation: D 1557-'/8 [5/88], "Stand~d Test Methods fur Moistu~-Density Reintlons of Soils and Sou-A~gregatc Mixtmcs Using 10-lb (4.54-kg) H-m,~..~ and 18--in. (457-mm} Drop," which is incoq~mued by refcrence~ (B! AS'I'M Designation: 13 422-63 (Rcappr~ved) [?/g4], "Standm-d Method for Perdcle-Sizc Analysis of Soils." which is incorpomcd by tcfenmcc; and (C} ASTM Dcs~gnstion: D 2487--85 ! 1/89]. "Standard Test Method for Classification of SoUs for Engineering Pmpcocs.'* which is icoorpou~l by refn'cocc. (2) lfl uddifion to the tests listed in subsection (c) (fL the folinwing tab,mum laboratory, tests shall bc performed on hamer lsyer materials: (A) ASTM Designation: D 4318--84, "Standerd Test Method fur Liq- uid ! ~m;~, Plastic !-~mh. and Plasticity lndcx of SoUs." which is incozpo- ( I )The fofiowing minimum field ~est procedure shou be performed for · c~ch hyer in thc fianl cover. (A) ASTM Desi~ation: D 2488-84 [1/89], Staudard Pranticc for I~. suril~on ~d Identiflemion of Soils (Visual-Manusl Procedure), Ap- proved 1084, E~fitor~aHy Revised January 1989. whichisincor~2tmcd by (~).Test Fd] Pad Requ~cmenu ( I ) Bcfo~ [m~l~ng the compacted fonnda~on stat be~cr layer of thc tweon the design pe~ne~bility and the dons~y at which that panno~bifity is ashinved. To ~comptish this the opaM~ shaH: (A) Provide · ,.~,,denmdve t~a for s test compacted foondmion and low pem~.abiUty inyer. The foilowing minimum ~tinJ~ procouurcs 1. The tnat pad foondadon and banler inyers sbufi be companted with the designated ~quipmcnt to determine if the specified dcnsity/moistm, c ~chieved in ~e field with the cumpaction equipment to be used and at the (C} Fidd tern as specified in subsection (f); saturated couditinm by u~ns thc standard ~st m~thod ASTM De~i~na- fiou: D ~8~88. Standard Te~ Method for'Infilu~ion Rate of Soils in Pield Usin~ Doublc,~Ring Inf~uomct~r~ Approved Pcbmory '1~85, wl~h is incorporuted by refe~mEe, for ~ perme~bilfiy mnastuc- ments. A sufl~clmt number of tests s~aH bc {un to verifythe resuhs. Othur l~ml~mbi]ity mey be utilized as approved by thc local ~mcy and the Bmud. (D)~ons between inboretury tests and test pad maul~ shall be em'~,,e~l for ei~h oftl~ ve~ons tYPna of fillmstefials'and blonds to be used in consm]ction of thc actual onver. ' (h)Ea~onMmerialRequi~mcnts . ' '~ '*~' (1) The following minimum tern shall include, but not be ~i.~i~cd to: (A} L~boratory tc~ u specified in subsection ~e~ end (BlField tests ~s specified in subsections (f~ and (2) Tho following minimum testing ~rcqucncin$ shall bc performed: (A)Four (4) field density tnats shou be pe~onncd forcech 1,000cubic yards of material pisced, ur ~t · minimum of four (4) tnats ~ day~ 03) Compaction curve deta (ASTM Dcs~gandon: D 1557-78) ~aphi- c~ly top,seined, and Atterberg Umits (ASTM Dgsigontion:D43!8-~4) shall bc performed on the I~a~ier lnyer matc~l onccn week and/orevery 5,000 cubic y~ds of meterihi pincccb (C) For field permeability tests..~l,..~antailvc semplcs shell be per- formed on han'ier isyer 1. The f~quency of testing may be inon:naou or dcc~sm~d,bascd on the p~/failma status of I~rvious tests, es ·ppmvcd by thc local cnfon:c- mont ~oney and thc 2. Field ire'titration tcst~ sbuU be performed fur thc duration nconseery to anbieve ~,ady conditions for thc dna~gn pmncability. 3. The following int~l,.~dve equation shall be used to d~ thc' The infilu~on rate (I) is defined as: ! - Q/(tA) whc~: Q - voluma of flow t - interval of dine corresponding to flow Q A- ~t of thc ring then the bydraulic cond uouvity (k'~ can be ctlculated f~,om l:~cy's law retcd by refe~ncc; and · as follows: (B) Envirenment~ P~tccfion Agency (~PA) Tc~ Mc~ 91~ [A~ ' k - ~ ~9~6],~fi~HMe~B~k~ssu~,"wh~h~- . w~:l-~fionmc ~t~ by ~f~. i - h~ ~ont. (~ ~eld Te~g R~u~ms (i) ~ Mcm~e R~u~u Page 743 ~ ~ ~. ~-z,:. ~ 'flOe 14 ~nlifornla Integrated Waste Manngement. d § 17778 Io lique fa~inn, unstable a~an with poor foundation conditions, or wben geemembranes m used in site design. (¢) A'tope or found~on stability n:pofl shall be pr~ by a regis- u~l civil engin~ or eeetif~ engrafting geologist. The r~port must ind~ate · factor safety for the ~"iticel slope ·t least 1.5 under dye*talc conditions. The ~ shall include, but is not limited to. thc following elements: (1)l~lx~t pr&'pereti~ dali be in s~:ca~mne with California Division of Minas md C~og}' (CDMO) N~ Numbor 42, "Ouidelines for Geo- lo~..~ism~ R=pom," May 1986, ud Note Nm·bet 44, -Ou~delin=s bothineorporami by ~f~,-~, and shah include ~ following seismic7 ity elements: (A) · review of ~trthquakcs during historic tlme~ (B) i~tion of andre ma~or faults; nmi (C) smfac~ invasdgatinn of the s~ nad surrounding sfas. · (2)The ]~atinn of u'~¢ critical slope and othor slopes tmdyzed to deter- (3) Csicu]atiom need to a-ttnn~n¢ the crltic~l dope shidl be included, (4) A p~fde oftbe critical slope geometry showing the varinos layen or. lb of wute. f~id t'"vels, or any f~ tha~ may ser~e toor~:e the sut. bi~y of the slope~'n~.v ~-pror~nt · potential f~inr= surfane;imd the pro- (5) The ensinm'ing pr~orties of the n=fm= and ~ layen msi~ng up thc site, ~ be analyz=d wh=n detem~n~ng the ~ slope. These · , pro.es shallinclude a si .m~. pecific assessment of the s~,~gth param- etch, the urdt weight and, ~f using subsocdon (c)(l !) of this m:tion, the- sbear wave velocity of each of these hye~, (6) An a~ass~-nt of the =ngine=~nG pr~pe~ias of the und=lyinG foundedo~ rn.teHa~s .ndor both ~ntic and dy~__.-,~ conditions based on field and ¼borat~y. tests as deu-nn~ned necessery by ·~gbu~ed civil eh- =. Gineoror~ified engin~ringGeologiet. i ~ detemtined for the lvla.~num Probable Eaflhqnek= (MPE) as defined in CDMG Note Number4~, Rac~,~ded Guidelines for l~te~nining the ~laximum Cr=dible and ~e Ma.ximum F~o~ble Eazshquak~, Februa~' 1975, which is incorporatod by n:fer~nce. (A} The maximum expected acceleration in rock deriwd from the 1V~ximum Credibl~ Ea~0t quake fMCE) ns de,ned in CDMG Not,. Num- ber 43~0, may be used instead of the (B) ),~CE and ~E a~celera~on $1~]] be supposed b.v data and anal¥- (G} Seismic shaking parameters other than ~cc~leration shell also be included in any usessmem of dyne~ic elope stability. These parameters Stroll consist of but not be l~mited u~ earthqoalo: magnitude~ and durntion. (9} Docun~otation of any I~er~-evicv~ed reduction factor for ancaler. a~ion applied to attenua~ ~e ~celeration t~ough the soilcolumn or matet~h. ( 10} Tbe dy-~,~c ~bility if incMed in an a~ subj~t to liquefaction. poor foundation conditions, or seismic amplit'~c~tion ~hall include decu. m=maUon of a peer--~viewed umpilScation factor for acc~eratinn in ino~ resumed soils. ( I 1 } In lieu of ~hievinG · factor of s~fety of 1~ under dynemi~ e~ndi- tions, a mor= rign~'~us anal~i~l m~thod t~t ~idcs a qu~mified esti- mete of tbe m~gnimde of mo~mem mey be employed. In this ~as~, the ~port shall demonsuato that this acaount ~f movcmeot e~n be ace~mmo- d~t~l without jeopardizing the intefffity of the final ¢o~or or t~ envinan- ~ control systems. No~.: Authc~.. cited: $~et~m 40~02 ~14~020. l:'ublie ~ Codm :md .%eti~m 6fi?~.22{d t, Oo~rr~m~t Cod~, Ref~,~e~: $~eliom 4a021 and ~ 100, 2. ,Adasndmast o~ sul,~*~i,,m (a) tnd .(b) and new subsecti(m (e) f"ded 8-18-89 as In emer'~ency; e~e~tive 8-18-89 (Refisl~ 89. No. 35). A Cezlifiast~ of Complisnce must be IzusmilMd to OAf, v4thl- 120 d~s ~r emet.~enc~ lan. M will be mpasled by opemim of bw ~a 12-1M9. $. Amewh~t ~ mbseetiom (a) sod Co) ned new mbsse~on (c) ~.fi]ed 12-~89 as sn..mes~s~, operallve ,12-1 ~9 ~ 89, No. 51). A C4~rs~a~ ~ ns ne esne~jencT; ~etive 3-22-~0 4P~ ~0, Nn. 17). A ~qificm~ of Compllas~ must he u'ammimd to OAL ~4~hin 120 deys (by '/-.20~0) as tiom (cX I )snd (c)('/XA) u~-~im.d m OAL ~-lT-gO aud fi Jed 6=1 ~.g0 (R~. 30). § 17778. Flnel Drolnego. ' (a) A fi·el dralnaga syetr, m shall be de~sn~L c~=;tsuucted, grntied, and :254Na) and approval by tl~ local en~ agnany and tbe Bored. (b) Tbe final drsina~ deaign shall bo d.*veloix.*d t~.ou, sh an en~nasz- inG analysb by · ~gism~d elvi] eng~,~?.. _ (¢) To the extent feasible, bored on si~=sp~:ific ~ sh~ dreW,ge (d) Thc operator shah dewinp and implemcnt q~lily conu~ pt~cc- d re'es to etm~ that the f~-ll dl"~tin~t~ e systom is comlnx:~ ncc.d ~ m (e) A drn~n,~.=e sys~m ~ includc: ,~: L~nas, to t d~8~c chsnnel tied Goll~ lyJ~ll incl~S: (A) P. un-.off conu'ol system desiGned tnd constrdaed in ancasdm~c (B~ Run-ofl'cQ~zob d~iancd m ~unc6o~ u di~ mucunu to Jrd~nept and convey wa~r to collcctioa facilities; · ~C) Energy dis~ipmum dasigned mdec~sse tbe vclocityofrtmoff; (D) Slop~ protection and c~)siofl c~mu~l m~su~s, pu~uant m secti(m 17779ofthisaniele, ' ~ :~: ~, ..... (2) Run-on conu~ls designed to func~on as divcrsinmry su3~'mres to inm~:cpt and convey wetor to collection fsoilitics. - ' (A) Thc run-on cG~ol sys~e~n designed and consuuc~d to p~vent washout of waste du~'inG pcak dischm~c f~m 0t least e !00 yeas frequen- cy flood, and desefibed in acco~lancc with Titic 23, CCR, subchptas 15, ssotion 2~9~d)(2). · ' ' ' (t3 Thc co~lcc~on and holdinG facilitias umoci·ted with nm-off con. tml systems shall pcrfe~m in accordanec with Tide 23, CCR. Subchpter 15, section 254~d). The followinG minimum sts..Mhrds shell be achicved. ( 1 )The operetor shell propose procedorcs for 0E dispostl o~ solids end l~quids accumulsted in the collection and holdin~ fanilitine, (2) An}, Icacbate collcctic~ and holdinG facilides consU'neted pm3uam to section 17781 shah be malnL~l so tim no run-off sneumulates in these systems. Whcn tppilcebin, nm.off _..-~..~.ht~ in d~i~nated lne- chate collcc~m and boldin$ fucilitine shsll be subject to mquhuncnts ts specif'~l in soct~m 177S1 of shis tflicle. (3) Collcetion and holdinG facilities shall bc secorcd and durinG the clom~ and posteinsme mahmnance period to In.vent unan. tho..cd access. (G) Thc mn-on and mn-off systems, tnd collection facilities in sub- sec~rd re) through (f~ shall be desisned and e~emn~cted m rcflcct she followinG: ( I ) The cxpec~d finel conto~s for the site, pm3uant to se4ninn I ';'/'/6 of this trtlclc, and thc planned drainaGo (2) Thc drsinagc pettn'n of thc nm'oundinG &'u and thc pomiblc cf* fccZs on and by thc ~gionel wsterd~L (3) Thc connection with and design cape~ity of drsinagn fa~iltics on td.b~nt and dewn~.em propcrt~ Page 74~ a,~. ~. u-:?:4-~2 Title 14 ;aHfoFnin InUndated Waste Man~ement ~ 'd (A) The operator shah monitor lcachatc quaUty and for the sccunmh.-. fion of kschtc. Thc systgm shah be incatcd et thc lowest hndflll ciera- finn and m m.a~ic poims ncctssary, to detect thc p~rencc and move- ment of le~nate through thc I~nc~ ~ oot of thc wastes. Thc systcm shall cons~ of drainase ~pes, inym and/~ standpipes csp~ble for use ns pm oftbe bmcba~ coll~on sys~m. Malm~nis used in the system must bc ~ant to chemi~ and blological breakdown ts a remit of comair w~ iswbate. propotsd system wi~ contain aU kachnte ~n~'~d. (2) 3~e opmttor shall dcni~n and operate 8 ,mdmc zone reonitm'iog systcre to detect the esmpc ofle~,':hto f~cm thc wtstcin ancordancc with Title 23. ~ subcbeptcr 15, section 2559. (d) Ropeains ( 1 ) The oporator shall et intst quarterly, cst~mtg thc amoum ~[ Ica- chute ~cnoret~d. and reconJ the volume o£ k~,hatc rccovm~d for u~m- (2).If the si~ is eqdipped wilh u tincr, the depth o~juchatc over thc (~) Th~ local c~c~cnt ns .on~ ~-~Bos~d nut). requi~ mo~c frequent nitor-in~ f~rgqumc~ shall become effective no sonne~ dun after the ncxt l~r~vinusly scheduled monitorin~ peri~. tuIT,.and moisture onutcnt of the rcfusc~ s~zc o~isnd~l; dm~ since closm'c (i~ applicable); locni lend use and were' usc: end local geology and subject to the ~gulafions ofothe~gencicsincluding those of the mgioml wntcr hom~s. anticil~ted coml~sidon of lcanhat~ incal lnnd and wn~- uan, and cff¢c. 6vm~ss of ~,,,,~tsd ummnm~ Thc local enfmcemmt a~ency or thc Botsd may requi~ nitmnafive um~tmmt n~cthods by wrimm onticg to the opemorif c .... ~ renu'rods f~l to m~et thc p~. of this a~nion. (B) lm~ha~ Dispmal J. cac&a~ shah be dispmmf using the fofiowm~. , pretreaunont plant be requb~L Thc disc~ may be made dizzily by 'pip~ or by thc uts of a tank track or ~m~ vehicle m haul t~e t,.-,-t,~c m thc tsw~c ~t plent. , 6on shaU de. monstratc to Ih~ ~ en~,,~nont Money and thc ~ in the fuml cinmrc plan that th~ p~ ponds have n:~:~,cd approval by thc reginnal wat~ bon~L a~c~ance with ~tlc 23, CCR, enbchaptor 15, section 2.q46(b). 4. Direct dischu~ge to a body o£wmer shal[be l,~,~AbM onl)! upo~ ~p- $. Oth~ discharge mc~mds mere ~cncy, en~ the Bo~d on n c~c by c~c bells.. to secti~ 10o, ?ide 1, CsllfomM Code o~'R~uMiom (P~ S9, No. ~$). (SyRepmscntadvc samples of lcaghntc and vadme zone fluid shall be 2. New subectiom (n~.(al flied $-18-S9 u m ~ up~ufive 8-18-89 tested for the same cben~ca~ pnra~neters ns requital by the ~ond water (Rf~M~ 89..~O. 35 ). A CeflJ~ute ogCompllm~e mint be W~sts~l m O Al. mm~°~'ingl~'°~andineludethc~l~z'amete~li"t~linAP' co12-18-89. · ' -....~,~:~ ,., pcodix I of this rdclc, to the pcatest cxtcnt possible, given thc sample volume avniisblc. (6) The ~',,,n~ng and chcmical ~m~tm~ng ~qubcmcnU of this sec- tion shall bc subm~ttcd as n writ~on ~port to thc lon~ enforcement agency., the Boe~d, end the regional water board: The results of lcachatc and vadore zone monitoring shall be submitxed within ninety (90) days of sampling. , ('/)A Qtmlity Assurancc/QuaUty, Control (QA/QC) plan shall be pre. pared by thc opm'amr, and approved by the local cnfomemcnt ~gency and be Boe~l. This plan shall include thc following: (A)thc usc of only inbommrins holding a valid accreditation issued thc California Depa~mcnt of Health Services for thc chcmical con~tu- cn~ mordtored or thc p~p~r~don of spiked s~nplcs: and. (B) field ~,c~dm'cs that i.nsuman~ratc and rcl~atablc chemical yscrincluding sample collection, sample preservation end shipment, and chnin of custody con~'oL (1) The operator shall collect leachatc in accordancc with Tide 2~, CCR. subehapter 15. section 254~, and be approved by thc intel e~foree- mcnt agency and thc hoard. (2) L~clm~ Trc~oncm ~md Disposal (A) Thc operator shall treat kanhatc according to thc following: 1. The opcr&tor shell dcsoribe the I~posed t~atmcm in the fmni cio- surc plen, and the continued operation and malntcoancc in thc f'mal post- cinsurc maintenance plan. 2. On.-sitc t~cmment system design shall bc approved by b~h the local enfo~emem agency and the Bo~d, and util~c biological, physical or chemical tremmem mchoolo~ts to render Jcachate compmiblc with dis- posal under subsection (eX2RB) of this section. Designs udltzing tech- anlo~es other than the above shall be. permitted only upon npprovni of t~e locni cnforccmem agcnc.v and thc Board. Thc operator may also be · 8round warn- hydrology shall be ~__~bed as pmx of th~ clmure pinn re- qui~d by chapte~ 5, e~ck 34. 'l'be ceflificatc of closu~ punuant to chapter 5, micle 3.4, ruction ! 8275, shall not be imucd untilthe requi~d 8mond warn' monitm~ng network is into]led, and ~g has men~,d. The continued mmpl~g and tcsdog of the ground wator modi- tm'ing r~twork shaU be described as pa~ of thc pontcinsu~ maimemanoe plan of chopte~ 5, article ~.4 ¢c ) Com:ctive ~:tions shah be performed in accordance with Title 2~, CCR, subclmpmr 15, set,on (d) ~'onnd warn-monitoring d~ring po~cinsu~ ~ c°minuc ~ !_-._~-~ is ¢id~er on inng~r being in~doned or pos~ on dm~t m ~ quaUty pu~uant to secdon ]77gl(b) ( ! ) of this Page 747 Title 14 California Integrated Waste Management, rd § 17783.9 (c) ( I ) The depth of thc wellborn shall equal u~c maximmn depth of rcf~sc u n~asu~d withln LO00 fent of the monito~ng i~nt. The number and depths of monitorins l~obes wit~n the welthore shaH be ins~allud in su- ~,i~:t with ~h~ follow~g ~iu~a, t~pt su *peni~d in mha~on (A)'A slMlow probe shall be installed $ to I0 lent b~low thc surfncc. (D) The specified depths of raonimring probes within thewnllbon~ shall be udjusmL b~d on seolo~c dm obtainud durins dra~s, u~d flOW. (Fl Wl~n th~ dep~ of the wdlbo~ dons ont e~__~_ _ 30 feet. d~ opom- . t shallow ~-m uin~eatMm, and the cthm-loon~d d.~anont to pe~ (21Ex~insions or modificatiom to suhaention 17'/S$.~ (¢) (1) may be ~.qucstcd fro- cemin landfll5 (i.e., filled pits, cut and re:rich, and onnyon 6on ~ crhcr~ the opemor shall p,-,,~,~c an altm~a~ system of eqnivalont probe depths. The le~posul must dem~mu~c to d~ sufisfsu. tion of thc local enf~,,.~,nt a~-ncy with the eoucunm~e of the Bom-d. that probesloon*'d at thma depths m~c auff'~ckm to `t~_,~t__ znisrating land- ~ ' fil~gasandpmvidepl'ou~.'t~mtopubliehealthondsafety, and the envi- (3) Tbe B oani m- thc local onfor~emont ascncy may t'tquire an i~'~suc '; ~ inthe numbet~ o~monitm~ng Frobes- the depth of the wellbm-c, or modify tht depths of mo~torlng probes within a v~llborc to ensu~ complinncc '*with subsection 17738~n). The operator is not In~cinded from utilizing ':'~ exht~ng gas monit0ring probus of an aim. nato design, wben tho operator dmnonstrat~ to the ***~acfion of the local enforcement ngency with the ce~un~nce of thc Board, that such probes have been.installed in a man- nm' that enanrus the detection of landfill gas mi~a~ng from the len,tidl. (d) Monitoring Well Constmc~on ('I I Monito~ng wefts shah be drilled by a licensed drilling conu'actor, or whcrc i~honsu d~illing capability exhu, by a drilling c~cw undcr the supervision of the design engineer or ensnare'lng genhi~st. Wells shall .. be logged during drilling by a geologist or geotechnical engineer. Soils . shall be described using thc ASTM Designation: D2488.-84 method for visual classification. Standard Practica for Desc~ption and Identification of Soils (Visual-Manual Procedure), which is incorporated by ~fcrencc. Rod= units shall be desc~bed in · m~n~ nor nppml~ate for ~.olngic invcs- deaden. ' * *' - 2) A ~ ofanch monitoring well shah be malnta~.d by thc opera- tor and submincd to the Board and thc local anfo~:cment agency uponrc- quest. Thc ~c~ord shall include: {Al A facility map drawn to a scale propus~d by the design engincor or en~incm'ing geolosist, sufficinm to show the location of aH monitoring welis- The wall must be identified with a number that corrcspouds to the well log. Sorfanc alevatimls at the wellhauds shah be deonted on thc map. (B} Weli logs. including the nsmen of thc person (s) logging the hole. (C} An as.-buifi desorip~on, including a well detail whloh indinatus probe matcrial and depth, extent and type of filtm- ~ thicknces and ma- aerial used for suals- us*"nt and material used for btckf'dl, siz~ and intcr- vel of pc~l'oradons- and · desc~pdon of any shmoff vnlves or covets. (3} To isolate monito~`t zonas within the wellborn and p~vent taminafion of pc~hcd B~ond ~ator an`t permanent ground water, the ep- cra~' shaH provide a ntip;,~,,*~ scsl of $ fact of bentonit~ at thc surface end betwcen ~ monito~d zones. S~3a 66796.22(a'), Govemm~t Code. Re~mce~ ~..-,_'~ 4~(~1, Public Re- ~ ~,~. smd _c~,~_ 66796=?.2(d), Gorenm~,~ Code. ~ 1. New secC~ f;Jed ~-I ~-g9 u m ~ o~.mlve ~-I ~-g9 (Re~s~ 89, No- 35k A Cefl~f~ ~ ~lismes mint be Irammktod m O.4~. vd{bin 120days o~ ~usr~-ncy lsn{mm{e re'Il be ~pesied by o~ ~ kw ~ 12-1~-~9. 2. Ne~ sec~n ~fi~d.12-g-89 ns an .,~ cVeralive 12-18~9 (Re~s~ 89, NO. $1 ). A C~fi~t~ o~r C0mp~nm~ must be tmlamkted to OAI~ within ~. ~e of C~e~,liance t,.,,,,~,i~,4 ~ OAL 2-~-00 end withdrawn i 20 day~ (by L-24-g0) or emsr~mc~ Im{ua~e will be ~qmnkd by op~r. · 4. ~k~fic~e ~'Complisuce ss to 4=2~g0 enkr b~cludin~ ~_ t-_',,~ ~ a,d~c6oa (aX~t} t,~,,,~d to OAL ~-17-.90 mi f~ed 6-1 L-gO (Ramstar 9~, No.34). 1. New toction flied 8-18-89 as an en~rgenc,,,; ope~tlve 8-1S-g9 .(Re ',l~b..,?. 89. No. 35 ). A Cettific~' of Complianc~ must be um~smitted to OAL wlthb1120 d~ys m' eme~m~. Janguage w~ be repeMed b~* ope~mloa M*hw em 12-1S-89. 2, New se~m te~ed 12--~89 u an ~n~',: o~mlve 12-1 g--J9 ~glste~ 89, No. $1 ). A Ce~ific~te ot' Ce~pllus~e mesa be ~susu~t~d to OAL within Certificate of Compliance tr-,,~,,,iued to OAL 2-9-~0 ~d withdrawn (Re~t g0, No. I ? ). A Cat, finite ogC~.omplisuse mu~ be I~esn~d to OAL within 120 days ( by $-24-90~ or emet~ne-y lan~ua{e will be nep~sded by ope~. atom re'law en 4. Cmlf~te o~ Compliance a~ to 4-26-g0 on~r t~msu~ued to OAL ~-l?-g0 and filed ~-l~ (Re{b~er 90, No.~4). ~77~a.~. MonRor~l Psmnm~t~L (al All monit~ng probes and ~ eUmcun~ shall b~ sumplcd for methane du~ng tl~ monitoring ~ Samplin{ for spenifi~ u-acc guns may be rcqui~d by the Benni or local ~tf~x~mont a~ncy, when th~c in a possibility of ncut~ or ~ cxponu~ duc to c~ or SecUre 6679622/d). Gove,,,,,,-.~ Code. Re~.nc~ Seclkm 4~0~1o Puldlc R~- l'ha'mnv Page 749 Title 14 California InteL, retail Waste Management (5) Ignition so~-cc conu~L (6) U~li~y colhn inmUed wld~n suucu~s snd oucsid¢ in ~nches, and C7) VenlU~ion. (e) To ensure dm the ps conuol systeto is opomting at optinmm effi- ciency to comml landfill gas, the opcrator shah inovidc for system moni- (t) T~-l~ovidt ~or tht ufe. ~ oporafion of thc ps c~t:o! (~) A site-specie opai~ons and ~,,tcnancc manual shallb~ gu conuol system.. "· (2) An oporations and maintemnce manual shah provide for p~edic inspections and savicing of itu control equipment. be :m~n~d by th~ ope:au~. no,led, to emurc the int~y of d~ sy~:m. (2) Prior to commotion, th~ dsa~ shall obudn mui r~view all sppli- wn~y that aH equipment ~ h~ the ~ ~m~[ sysl~n has be~n man- SecK~n 66'/9~.22(dL ~ r--~e Refe~n~: ~ 4~0~1, Public Re- 1. Ne~'sectJc~ fi~d ~-I ~-49 ~ I~ ~q~e~sacy; ope~tive ~-I $-19 (Ro~r ag. t~o. iS). A Ce~fi~le ~d' C0mpliance must be wmsmi~d to OAL. within 120 8g~No. J l ). A CerfifJc~le of Complh~ge ,must be Irmmn/~d to OAL wKlfin 120~day~ or ~- ~e will I~ ~-~led lO. ol~m~ ~' hw o~ 4-17-90. 3. Certificate of CompUance u-an~nfiued to OAL 2-9-90 and withdrawn 3~12-90. New aeC~oa vefiled 4--2~.-90 as an eme~eneT;, o~e~dve 4-26-90 (Re~isu~r 90. ~o.l?L A Ce~if~ate of Compliance mint be ~mmined Io OAL within 120 days ~- 8-24~0} or emergency lan~age w~l be ~epea~ed by oper- atim of law an 8-2.~-g0. 4. Certificate of CompUsmce a~ to 4-26-~(~ order u'msamaed ~o OAL $-1~-~0 md fikd 6-=18~90 {1~e~llet 90. § 1TTBa.17. Exomption$. (a} A }and.qU may b~ granted an exemption to ali or any portion of thc ~quir~mcnts of sections l T783 d~ough 17783.1'7 of thls articleifthe op- orator can demonstrate to the satisfaction of thc Iocalenfotcement agency with concm'~n~e by the Bo~d. that there is no potential for adverse im- pan~ on public h~hh and safety, and the envimmn~ hsad upon but not limited to: the siz~,natu~and ege of~fus~; pmjet~d gas gener~tion~ nnd r~notoneas of the fac~ty. Exemptions shall be reviewed by the enftm~cmant egcncy and the Bcmrd in conjunction with thc five ($) year perl~t review, and based on the results, the local enforcement agency or the Bmni may extend or mminete the exemption. Nol~ Aufi~rity. cited: Secuam 40~02 and 45020. Public ~ C.~dc nnd Se~im 6679~.2~d}, Govemmem Code. Re feting. S~.fion 43021, PubUc Re. soumes Code; sad SecUre 66796.22(dL Governmem Code. 1. New ~cdo~ filed &-1 ~-~9 its as an eme~en~.: operaUve ~-I ~-~9 fR~is~' ~9, No. 35}. A Certificate of Compliance must be utmmitted to OAL within 120 days ~ emergent.' lantma~e will be ,,,~aled by opmlioa of hw 2. New aec~on ~fikd 12-8-89 ts an tmergency: tR~N'ative 12-1a-49 89, No. $ I ). A Cerd/'~a:e of Complmnee mu*t be I~nn~duml to OAL, w/tbM 120 days c~ ~ferk~* hnguqe will be zepenkd by eperat/tm of bw on 3. Ce:xificite of Compliance transmitted to OAL 2-9-~0 nd witbd~wn 3-12-~0. New ~cuon ~/'ded a,-2~-90 as an eme~lmz'.y; e~'~adve 4-25-90 (Re~b~r 90. Ko. 1 '~ ~. ^ Can/ficme d*Cc~npU~ mum be tr~.~ued ;o OAL within 120 day~ (by ~-24-90) ee emeritus-~' bnpm~e w/~! be vepeakd by Page 751 ~r~N~ Title 14 California Intek~'nted Waste Mnnn~ement (6) Au*~*6c methane gas scnso~ shall bc ~ within thc vcnt- inf pipe/pe~ncablc gas layc~. and inside thc building to trigger tn audiblc alarm whcn incthane fu conccnaatiom are dctcctcd. Nal~ Aud~x~ cited: Se~;,~* 40502 and 43020, Public Resources Code; and Sectlea 66796.22(d), Government Code. Rderence: $m6am 43021 ~nd 44105. Public ~ Code; sad Section 66796.2~d), Govetmmmt 1. Chanie widmm mfuJato~ effect tenmnbeFing forme~ _?t ~,~ 17627 to se~t~ Itohres (Refist~ s9, No. 35). 1~- tu~ bism~, see Refist~ 7g, No- 30. 2. Amendment of _~t~,nlon {b) and new mbsectiom (e)-(~ fged 8-18~9 as nil ~,,~m~'~ operalye L. 18-89 (Relier 89, No. 35). A Cmif'Eale plisnce must be nnnniued to OAL wi~in 120 days m eme~ency. lan~uafe will be ;.t~,~b-4 b~ oj~e~im o~ ¼w on 12-18-89. :3. A~.,~,~nem o~ suboec~i(m (b) end b~w s~,l,,,~t~ns (e)-(f) t~'ded an eme~enc~. operative 12-18-89 (Reftstar. S9, No.-S1). A C. er~'Ea~ Compliance must be tr~smlued to OAL wid~ 120 alsys oF emfn~'ncy Jsn- s~Me wfil be ~t.-led by ~t~oa o~ law on 4-17-g0. m emer~nc~ operativt ~-22-~0..~.'.. 90, No. 17). A Cefilfknt~ ~Com- plimd~ mint be..ts~m~J. to OAL within 120 days (by 7--~0-90) ~ emerSeu- ey hnfu~e will be ~t,.,kd by o~ of law on 7-21-g0. AM~ndi~ L Leae~a+.. Monitoting---Lbt of Requited Comt~t~en~ Phase I Chemicel Constituents Volatile Orgm~c Constituents (27) Acctonc (28} Bc~cnc (29) Bromoform (30) Bmmomcthanc (31 ) Carbon let.~c~or~dc (32) Chloto form (33) Ethanol (34) Mcthylcnc chloride (~5) Styr~nc ¢3~) Tolucnc (37) TrichlcA~ethc~c (38) Vinyl Icctat~ (39) Vinyl cJdo~de (40) Xylenc Article 8. Agricultural Solid Waste Management Standards § 17801. Intent of These standmls s~c senc~lJy inhaled to desc~bc kvels of perform- ance cxpccte. d mh~ than ~t,~S d~tiled s~.qui~cmfm~ wlMm.-v~ possi- ble, peFsons t,-~.,c,~Jible fm mamsement of nmmnu sod48:r4~t~al Ag-~cy" is used, it is comcmplat~d that, in most instance~ die opentin will j~posc · method, physical imptorch,at, ~. modifica- 6on or other npln.Opr~ met, u to comply widt a ~,,,,d,,~d to enaMc ap- provii by ~he Enfm,,~-nt Agency (as opposed to Ibe A~:y spe~'yln~ the ¢xa~t meanm of eom~). l~eae mndard~ m intea~d only to ~nm~nnte excess&re ,~,s_,~_ ot atl~:ad~se public · health/weLt-being ~ asaoc~m~d ~i~ any a~ ~on. ~ It is ~hc intmt o~ th~c standafils to pron~ conditiom m~cr which tgricultuntl OlX~'a~ons tad rc~dmtial m public use of p~,per'dcs can coexist. Nou: Authot~ ehed: SecUre 40~2 and 43020. Publi~ Resout~sl C_,~,~_. Sec- t~u 4~20. Health and Safet~ Co~e. Re~n~e: S~t~m 43020 and 4:J021, PuMic I. New ar~ele 8 (secaiota 17801-17824, no~ e~mcu6ve) fikd M.~75; effective thirt~h day d~eaf~r (Re~s~' 75. No. 2'/}- § 1780~. AppllcabllRy Of BMndm'da. .Thcsc standanh shall become applicable on 3uly 1, 1976,, o~ prior to ~ date if txovidcd in · county solid ~ manqen~nt plan developed and approved pu~uant to Scction 66780 of t~ ~ Code. § '17803. Compileace with Lows and Rogubtfons. Nothing in these standards sh~11 bc consu~cd ascii an owncr~ opeFator. or dcsign~ from the oblismion of ob~*~g tll r~quircd per. mits, licenses. or other cJearances, and cGmplying with nil mde~, lnws~ reguhtions or other n~quir~ncnts of offer aPl~Ov~L rcgub~r~. or ¢n- foFcemcnt agencies. such ns, but not ~ to, local health endtics, watc~ and th' quality boa~s. local land use auth~itics, fi~ authorities, etc. '§ 17804. Cor~ommncowJth PIsa. ~ the cffcct~vc dale of the county solid was*," mana~c~cnt plan qui~d by Scction 66780 of the Government Codr., a~ic~dunl was~ sto~gc, col]ccti0n and mana~e~ment shall bc in ctmformance with aid plan. In the cvcntd~s ~cqubr. mcnt results in cxlnordin~y econoink: hardship, the Stero Solid Wastc Manag~nt.BoaM, with the concur. rcncc of the Dcpfu~ncnL mey ~Tunt a t~nc.cxtcnsion of up to om year for agriculturtl operations to confrere with aid plan.'Fnc Boa~ may ndditio~3nl extensions blsed on evidence o! need. § 17805. Thc Bom~d and the DClmruncnt (acting d3zoufh its Vcc~m'Conuol Scc - tion) will provide for rcview and appeah ~.~,~ ~ng 0~se standa~L any cnforccmcnt action by the local EAfG~ccmcnt As~ncy. bzcluding the ton. odor, dust. or fcmh=s, may be invest~a~d and conwed or dcnlcd by the Dcpomncnt. · D~_~]~ITIONS (H) TI-IF~E DAI-L,~TIONS SU~L.!~3'I' THE D~,.I.~'I3ONS IN ARTICLE 4 § 17810.1. Manure. (H) Manm'c shall mean tl~ ?~m,,Iqted mo~ animal excrcmcnt tlut does not undergo decompmition or drying as wouM oo~tr an open sTaz' Page 753 bs~9~ ~,,. ~ ~..--~-~.~ ~ 94022(3~2 'r. Uil_E: GLc~ 194, ~ TT; ZC 5542, CLP 5548 F~.., ;=,=£ ~: 02/08/94 (If dc3c~,u£ ~'eci~s'v~cl ;~-t~ 10 A'vi revi~ stz~,'Cs <ri r~tc d~y. ) Jtes, PC, 3/17/94 Page 6 by Commissioner Rosenlieb, seconded by umb to adopt resolution making findings as set forth in the the Negative Declaration and disapproving the rec ' Residential) land use designation, carried by the following roll call vote: HMR (High same to City Commissioners Delgado, Hersh. Slocumb NOES: Andrew, ABSTAINED: (Conflict of interest) Powers ABSTAINED: Motion was made by Slocumb to adopt resolution the Negative Family Dwelling) zone, carried by the followin vote: seconded by Commissioner as set forth in staff report approving requested R-2 (Limited Multiple the City Council. Motion AYES: gado, Hersh Slocumb NOES: Commissioners Andrew, Marino Commissioner Powers (Conflict 4.2 a&b Commissioner Messner break was taken at this time. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS 1-94, SEGMENT II AND ASSOCIATED ZONE CHANGE #5542 Commissioner Slocumb abstained due to a conflict of interest in that his employer is providing consulting services for the applicant. Commissioner Delgado abstained due to a conflict of interest due to an economic arrangement with the applicant's attorney. Minutes, PC, 3/17/94 Page 7 Commissioner Messner abstained due to a conflict of interest in that this project will potentially provide services for his employer. Mr. Hardisty clarified the hearings for this project and said the whole of the project must be evaluated in an environmental sense, however the commission does not have the authority to approve or deny the use of the property for a cogeneration plant. He also said that if this application is approved, the applicant would have to hook up to a sewer line and have the septic tank approved by the health department and meet requirements regarding noise level Staff report recommending approval was given. Public portion of the hearing was opened. Danny Russell, 10901 Pitts Avenue, said he felt there was a need to keep these cogeneration plants in the oilfields instead of residential areas. He was concerned about the proximity of this proposed plant to school facilities and concern over the issue of water used for this project. He was concerned about the injection of steam and its effect on water quality. He stated his concern about the issues of noise and lighting. He asked for continuance on this item to allow him and his neighbors additional time to gather information regarding this project. Terry Goldner, Attorney representing Charlotte Johnson and the Johnson Family Trust noted she had submitted a letter from Mrs. Johnson. She stated their property is the 80 acre parcel directly to the south of the proposed cogeneration facility. She said they are adamantly opposed to this project. She said they felt insufficient notice was given. Mr. Hardisty responded to question by Chairman Powers saying the noticing requirement is 300 foot radius. She was concerned about the fact that the land owners only had 30 days to review the 17 studies which were performed. She felt this is a significant project with significant impacts and residents need to have time to review it. She cited the concerns of her clients being constant noise, light, above ground steam lines. She asked why this cogeneration plant is not being located next to the oilfield which it will serve. She was also concerned about the possibility of additions being made to this facility at a later date. She was concerned about whether the applicant has secured air pollution reduction credits. She asked about the location of power lines. Responding to question by Commissioner Rosenlieb, Ms. Goldnet felt an adequate time for her to respond would be at least 120 days. Minutes, PC, 3/17/94 Page 8 Robert Fainnan, Jr., Attorney represented Meg Harris, 6609 Royal Coach Drive. He reiterated what Ms. Goldner stated regarding inadequate time in which to review and respond. He felt safety and nuisance problems exist with this project. He asked why expansion would be proposed for a declining oilfield property. He felt more time was needed for exploration of the details of this proposal. Meg Harris spoke saying she was not sure if she was in favor or in opposition. She was concerned about the possibility of a disaster. She also said lighting for this facility concerned her, saying she did not know how lighting could be contained. She asked for additional time to research this project. Tom Queen resident of Bella Drive, said he was in opposition to this request because of lack of notification. Jessie Frederick, Manager Environmental Affairs, Destee Energy represented the applicant. He stated they contacted schools in the area offering them tours of the site and facilities. He stated his support of staff's recommendation. He pointed out design features of the project. He said they have taken what they have learned from each project applying it to the next. Jeanne Benedetti pointed out key design features of the projecL Mr. Frederick said a socioeconomic study was prepared, saying the project would employ 15 people causing a beneficial impact and would generate tax revenues. Responding to request by Commissioner Rosenlieb, Mr. Frederick addressed stated concerns saying the project location is controlled by a power purchase agreement with P.G.&E. and is impractical to change. He also stated when negotiating the original contracts they situated the project in an area which they felt would be in a remote location and was not a hazardous site. Regarding the concerns about water quality and pressure, he said they received a will-serve letter from California Water Service Company. Mr. Hardisty said this site would be serviced by a new water line and would need to be done in a fashion that would not take away from the pressure and fire flow of those in the general vicinity. Regarding the concerns about odors, Mr. Frederick said their facility does not create odors. Responding to questions by Commissioner Hersh, Ms. Wilson said the water quality would not impact the area because the steam and the wastewater would not stay at this location. Responding to questions by Commissioner Andrew, Mr. Frederick said the project would be built by February, 1995 if all aspects are approved. Minutes. PC, 3/17/94 Page 9 Commissioner Andrew asked if there would be a problem with a continuance. Mr. Frederick said they do not want to put the project at risk which he felt a continuance would do. Public portion of the hearing was closed. Chairman Powers said he would like to see a continuance on this item in order to give additional time for all concerned to further review the project. Commissioner Rosenlieb stated she met with the applicant and viewed the site. She said based on the staff report she did not feel the commission could make an intelligent decision. If a continuance were to be granted, she asked that the staff report be consolidated for the next hearing. Regarding the comment in the staff report stating there are no aesthetic impacts, she felt there were and asked that the report acknowledge it and give information on how they would be mitigated. She asked if city standard curb, gutter and sidewalk should be required in front of the project. She felt possibly a larger buffer should be placed on the LR portion rather than that required in the agricultural zone. She asked for correction to traffic fee and sewer situation. She also asked for clarification of Public Works condition #3. She said in the event the city looks at another cogeneration facility in the future requirement of an EIR should be looked into. Mr. Hardisty responded to question by Chairman Powers, saying he felt the questions raised at this hearing could be answered at the next hearing. Discussion continued regarding possibility of touring the site. Responding to questions by Commissioner Marino, Ms. Goldner said they would need 120 days if they wanted to hire their own experts to complete studies of the site. Mr. Hardisty said 120 days is an exceptional time period for CEQA reviews. Ms. Goldnet suggested that the applicant hold public workshops and possibly tours of the site for property owners in the vicinity in order to alleviate fears. Commissioner Marino stated a problem with continuing this item for an extended period of time, saying two commissioners will be replaced. He stated the two new commissioners had received all the testimony involved in this case. Ms. Wilson responded to question by Commissioner Marino, saying steam would be injected into the Kern River Oilfields where extensive steam injection already exists, to date there has been no groundwater pollution problem caused by injection of steam in the Kern River Oilfields. Minutes, PC, 3/17/94 Page 10 Commissioner Marino said he was aware the applicant was mitigating all impacts for this project. He was concerned about the possibility of mistakes in mitigation and lack of notification. Mr. Hardisty said he felt staff has completed all necessary requirements. Regarding mitigation he said often staff does not include that which is required by law, however it exists. He stated, however, that the staff report would be updated. Commissioner Hersh felt time was needed for additional review Motion was made by Commissioner Rosenlieb, seconded by Commissioner Marino to continue these items to the regular meetings of April 4, and April 7, 1994. Motion carried. *Break was taken at this time. Mr. Hardisty requested those in the audience interested in following this case to provide staff with contact information. 4.3 e,d BLIC HEARINGS - GENERAL PLAN AMENDMENTS RIVER PLAN AMENDMENT 1-94, BRECKINR] Staff report ommending approval was given. Public portion of hearing was opened. George Nickel stated objection to the unit in the underlying assessment district, is the district. He read his communication is on file. He was concerned that the land greatly benefittin line would be paying a small price for use. He felt an inequity users of sewer assessment district #93.1. He suggested that those land ~f Morning Drive pay the same average dwelling unit assessment % , Commissioner R, e~eb said she did not uniao. stand how Mr. Nickel s comments relate to the proj tat h~ nd. He felt a deal wa~eing made for properties that have no r~ Io the assessment district. Mr. ~disty said this,issue is not within the of the commission, .he~s~. ,u g~g e, ste~d~l~M, ,r. Nickels correspon, submitted to the City_ Clerk's Office ~[ressed to the City Council. ~ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) sso County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 6th day of June, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3592, passed by the Bakersfield City Council at a meeting held on the 1st day of June, 1994, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 103- 12 BY CHANGING THE ZONING OF 13.59 ACRES GENERALLY LOCATED IN NORTHEAST BAKERSFIELD APPROXIMATELY ONE MILE SOUTHEAST OF ALFRED HARRELL HIGHWAY AND ONE AND ONE-HALF MILES NORTH OF THE INTERSECTION OF STATE HIGHWAY 178 AND FAIRFAX ROAD FROM R-S-10A (RESIDENTIAL SUBURBAN TEN-ACRE MINIMUM LOT SIZE) TO A (AGRICULTURE) ON 13.59 +\- ACRES /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield