HomeMy WebLinkAboutRES NO 69-94RESOLUTION NO. ~ 9 ' 9 4
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
II OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 1-94).
WHEREAS, the Planning Commission of the City of Bakersfield, in
accordance with the provisions of Section 65353 of the Government Code, held a public
hearing on MONDAY, MARCH 14, 1994, THURSDAY, MARCH 17, 1994 and
THURSDAY, APRIL 7, 1994 on Segment II of a proposed amendment to the Land Use
Element of the General Plan, notice of the time and place of hearing having been given
at least thirty (30) calendar days before said hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, such Segment II of the proposed amendment to the Land Use
Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT II:
BEAR MOUNTAIN LIMITED has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan consisting of a
change from LR (Low Density 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;
and
WHEREAS, for the above-described Segment, an Initial Study was
conducted, and it was determined that the proposed project would not have a significant
effect on the environment, and a Negative Declaration with mitigation was prepared;
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 and the
Planning Commission; and
WHEREAS, by Resolution No. 9-94 on April 7, 1994, the Planning
Commission recommended approval and adoption of Segment II subject to conditions
listed in Exhibit "A" and this Council has fully considered the findings made by the
Planning Commission as set forth in that Resolution; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65355 of the Government Code, conducted and held a public
hearing on WEDNESDAY, May 18, 1994, on the above described Segment II of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan, notice of time and place of the hearing having been given at least ten (10)
calendar days before the hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, the 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. The proposed General Plan Amendment will not have a significant
adverse effect on the environment.
4. The proposed General Plan Amendment will be compatible with
existing and future development in surrounding areas and the project area.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
1. The above recitals and findings, incorporated herein, are true and
correct.
2. The Negative Declaration for Segment II is hereby approved and
adopted.
3. The report of the Planning Commission, including maps and all reports
and papers relevant thereto, transmitted by the Secretary of the Planning Commission to
the City Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts Segment II of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan, constituting changes as shown on the map marked Exhibit "B," attached
hereto and incorporated as though fully set forth, for property 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,
subject to mitigation measures and conditions of approval shown on Exhibit "A."
5. That Segment II, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 2-94.
.......... o0o ..........
2
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held
ktAY l $ L~ by the following vote:
AYES: COONClLMEMBERS ~e.,~3~r, I~ .DW,~I3eMOND, SI~I~I, ~at;~l~, ROWLE$. SALVAGGIO
NOE~: COUNCILMEMBERS "~ ~"~ '~ ~-~ ~'-~ ~- ~ ~ ~-~
AB~TAIN: COUNCILMEMBERS pr-~
ABSENT: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~y 1. $ 1~[
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
RED:pjt
res\r194s2.cc
June 14, 1994
EXHIBFF "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 shah 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 shah 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 aH 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.
(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 shah 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
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)
13.
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)
14.
The use of rodenticides shall be restricted to those approved by USFWS and CDFG within the
project areas. (Mitigation)
15.
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)
16.
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.
(Mitigation)
17.
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)
18.
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 quahfied
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 lhe change in status. (Mitigation)
19. 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
.~dce3~ w~flllfe._aL~apped or injured. Any kit foxes in residence shall be allowed to escape
Y~-- ~<.uaimplemente~ 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. (Mitigation)
20.
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. (Mitigation)
Exhibit "A"
GPA 1-94, Seg. It
ZC 5542
Page 3
21.
22.
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 polvcarb) 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 revegetationspecialist. (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-connection3oackflow 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. ~he 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 shah 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 Health and Safety Code and applicable City
ordinances. Also, said program must be completed, approved and implemented prior to facility
start-up.
Avvlicant's Suggested 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 Limited 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"
GPA 1-94, Seg. II
ZC 5542
Page 5
Public Works Devartment:
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 line 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, the 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 could 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" CONDITIONS - 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
Fire 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 liazardous 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. The 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 l~rior to final buildin~
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 "N'
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: WZI 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