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