HomeMy WebLinkAboutRES NO 132-94RESOLUTION NO. 1 B ~ - 9 4
RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
UPHOLDING THE BOARD OF ZONING ADJUSTMENT'S
DECISION TO APPROVE AN APPLICATION OF BEAR MOUNTAIN
LIMITED FOR A CONDITIONAL USE PERMIT AFFECTING THAT
CERTAIN PROPERTY AS HEREINAFTER DESCRIBED TO ALLOW
THE CONSTRUCTION OF A COGENERATION FACIL1TY
WHEREAS, BEAR MOUNTAIN LIMITED filed a written application with the
Board of Zoning Adjustment of the City of Bakersfield requesting a Conditional Use
Permit to allow the construction of a 48-megawatt natural gas fired eogeneration facility
in an A (Agricultural) zone district on property located at 7001 Camino Grande Drive;
and
WHEREAS, at a noticed public hearing held on June 28, 1994, said application
was duly heard and considered, and the Board of Zoning Adjustment, by its Resolution
No. 17-94, approved the requested conditional use permit with conditions; and
WHEREAS, within the time prescribed by law, SHIRLEY JAMES filed in writing
with the Council of the City of Bakersfield through the City Clerk, an appeal of the
approval of the conditional use permit; and
WHEREAS, the Council through its Clerk set August 10, 1994, at the hour of
7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and
place for a public hearing before them on said appeal, and notice of the hearing was
given in the manner provided by Title Seventeen of the Municipal Code of the City of
Bakersfield; and
WHEREAS, at said hearing held August 10, 1994, the appeal was duly heard and
considered.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF BAKERSFIELD that based upon the record of proceeding before and findings
adopted by the Board of Zoning Adjustment, and the proceeding before and findings of
this Council, the Board of Zoning Adjustment's decision is hereby upheld.
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopte.d..b_y the Council of the City of Bakersfield at a regular meeting thereof held on
~ 1 0 ~ , by the following vote:
AYES: COUNCILMEMBERS McDERMOTT, EDW,~, DI~, D, -',3.~.4, ~ ROWLE$, ~ALVA~310
NOES: COUNCILMEMBERS ~ ~ "}-~ ,
ABSTAIN: COUNCILMEMBERS [~ ~ L,~ ~ r~ ~
ABSENT: COUNCILMEMBER~ r'~ ¥~ ~ -
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED
BOB PRI~,~
', of~th~ City of Bakersfield
APPROVED as to form:
~fi~'n JUDY SKOUSEN, CITY ATFORNEY
of the City of Bakersfield
2
July 7, 1994
City of Bakersfield ' -: i ~..
Honorable Mayor and City Council
1501 Truxtun Avenue
Bakersfield, California 93301
SUBJECT: APPEAL OF CONDITIONAL USE PERMIT ~Y5548 FROM THE B.Z.A.
BACK TO THE BAKERSFI~,D CITY COUNCIL
Dear Honorable Mayor and City Council
Enclosed is a check for $330.00, as required, to appeal the Conditional Use
Permit %~5548 approved by the Bakersfield City Board of Zoning Adjustment,
for the Destec Energy, Inc./Baar Mountain Ltd. Cogen Plant on June 28, 1994.
~ ~elie~-~ khe ~ of ~ ~ZA ~ for u~ ~5548 was flannel
inaccurate statements & c"~lusi~S in the Staff ~%~ort used as ~ ~ic]e for
their decisiom.
Our reasons for filing this appeal are listed below.
They are proceeded by relevant staff report quotes.
Our recor~nendations/requests are underlined.
Regarding appeal items 1-4, we disagree that "There have been no
changes or new information provided regarding this project since
the Negative Declaration was approved." (Staff Report, BZA, 6/8/94)
1. STEAM LINES HAVE ONLY BEEN ADDRESSED FROM ODGEN SITE TO A SITE PASSIA~
THROUG"H NON-DESIGNATED OIL FIETDAREAS.
The proposed (one) steam line, as specified in the CUP does not
address the issue of neighboring, independent oil producers fr~l~
running steam lines from their property to the cogen factory. Since
this is a State designated Oil Field, we have been told oil producers
are not required to .have hearings on their permits. We therefore
request limitations be set on the number and placement of additional
steam lines cc~tinq into or ~oinq out of the co~en plant from the Kern
Bluff Designated Oil Field. This request is based on the closeness of
current and future residential development, aesthetics, and safety issues.
2. MAINTENANCE OF THE BU~'~'~ ZONE PROVIDEDBY DEb'i'EC"S REMAINING
PORTION OF ?HEIR 78.45 ACRE PARCEL!
As of the posted date of June 24, 1994 (between City Council &
BZA hearings), Destec Energy has applied for a Tentative Parcel Map
(~10053), subdividing the 10.67 acre cogen parcel, Zoned A, frcm the
rest of their property. Subdivision and possible split ownership of
the properties concerns us and is contrary to previous statements made
by Destec. At the informational meeting attended by Conni Brunni and
Randy Rowles, on April 27, 1994, Jesse Fredrick answered, "No." to
Mike Robison's question, "Has there been any discussion of subdividing
City Counsel Appeal ~_ CUP %~5548, July 7, 1994 Page 2
the re~aining 72 acres?" We are concerned about the "sudden" change &
%could like you to add mitigation that would provide the home and
Dropert¥ owners with som~ reinforcement of the verbal Dr~mise of no
further industrial develo~raent without a proper hearing.
3. PI{(~R ~ l~ungurl(N AND hWAC[IATI(~{ ~ F~R Nl~uuC~r ~.
Very recent brush fires across frcm the expected cogen site and
by local homes, bas heightened our awareness of fire danger. This
week I clocked the mileage from Fairfax & Panorama Drive to the
center of the fenced Destec property as over 2miles. The fire
response team will come further than that and fire could travel the
% mile to nearest resident in a very swift manner. We would like
mitigation reqardinq the disparity between the fire speed and the
~reater distance of the fire response teams.
A person in the cu~unications industry, recently m~ntioned tbat
radio waves are s~u~how disturbed around areas of generation of
large quanities of electricity.
We have not been able to find a written or verbal backing to this
cor~nent, but will continue to research and ask you to do the same.
This is not a stalling technique, but genuine concern for Kern
County, City of Bakersfield, & local business C~m~unication sevices.
We believe reasons 5 & 6 support the inaccuracy of, "There were
no issues or impacts raised by state and local agencies which
have not been addressed by project design, conditions of approval
or mitigation measures in the approved environmental doc. m~nt."
5. RXPECTI~ I~m~NE GAS MIGI~ATI(N FROM 'm~ I.~mm,,;. SITE.
We bring to issue the response of the California Integrated Waste
Management Board, dated 3/7/94, which states "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 ti.~.
The potential for landfill gas to migrate beneath the proposed construc-
tion site may increase after proper landfill closure activities occur,
in addition to any affects from soil disturbances during construction
of the congenerration facility. The Board Staff looks foward to con-
tinued correspondence with the lead agency to assure that the proposed
project is aware of landfill Gas migration." signed Vincent Paul.
Requests to see further corespondence resulted with a copy of this
document and the Staff Reports for Planning Ccm~i ssion & City Counsil
never referred to the landfill gas migration issue.
We would like to see on site monitoring devices be a part of the
mitigation, based on the aqenc{'s concern.
6. NOT.~ TO ',~
Planners ~V. arc Gauthier & Jim Eggert assured me the "alledged" study
of cogen noise effects to the South (reo,~-~n~ded by CA Office of Noise
City Counsel Appeal c- dip %~5548, July 7, 1994 Page 3
Control) would be available for review before the BZA hearing. It
still has not been presented into the record. Other citizens, a
lawyer, & Counsilw(mnmn Pat Smith have also requested this doucment
"quoted" at meetings & hearings, but never presented for review. Our
research leads us to believe, Mr. Hardisty and Mary Jane Wilson/WZI
quoted "night-time decibel" figures from a noise study prepared over
four years ago for the 2010 Plan.
Utilization of that information is faulted for at least two reasons:
i - Not a close site. It w~s taken by Eissler School, approxi-
mately 1 ½ miles from the proposed site, rather than by the
Royal Coach Estates as alluded to by WZI President, Mary Jane
Wilson at the April 27, 1994 Informational Meeting.
ii - It is over four years old. In conversation prior to BZA
hearing, Jim E~gert assured me all doc~nents must be at least
no older than one year, to be relevant to the current issues.
We hear by request this C.U.P. be tabled until the Guestioned docu-
ment is prepared and/or presented for proper study by all concerned.
We also request an addition to Exhibit "A", Conditions for ADDroYal,
Section 1, Itom %4. It should read, "(within 60 days) Measurements
shall be taken (FR(]MALL DIRECTIONS) when the facility has all the
significant noise Generating ectui~ment runninG."
7. (/~Tfl~a~MA_T]~~.
Although Destee Energy has a will serve letter from California Water
Services, it was over 1 year old prior to the BZA hearring and will be
over two yeas old by the time the cogeneration plant is on line. As
stated by area director, 75% of their supply cc~es fom well water
sources. The engineering study for this project is over a year old
and the drought has shown no signs of abatement. We would like to see
an alternative water resource investic[ated. They, like other cozens,
could use Dottable .~ater, not our priceless "drinking water."
8. INADEQUATE W~RDINGOFBZA STAFF REPORT CONTINUESTO LEAVE THE ABOVE
MENTIONED ISSUES IMPROPEb~Y ADDRESSED IN THECONDITIONALUSE PERMIT.
Since Destee/WZI have not had to adequately study the issues &
concerns we ha~e consistently brought up at each step of this
application, we ask that CUP %%5548 be tabled until more adec~ate
formation canbe inta~rated into their reports and provided when
rec~ested by the concerned residents of the area.
We were delighted to see discretionary condition %25 in CUP4~548,
"A direct cc~mmications line from the plant control room to the
principal's office of Dr. Juliet Thorher School shall he installed
and in operation prior to the plant beccmting operational."
(Staff Repot Exhibit "A", page 4, ~25, CUP ~5548) We are concerned
however, that a phone will not complete a required evacuation for fire
or other eminent dangers directly caused by the cogeneration plant.
We would seriously recu~,~nd mitic~ation to also include on site buses
during all school and magnet pro~ramclassee, to handle student and
staff reGuired evacuations related to the co~en.
City Buses do not stay on site and could not return in time to safely
evacuate!
City Counsel Appeal u~ t~3P $5548, July 7, 1994 Page 4
10. The Conditional Ues Permit $5548 be denied.
11. An E.I.R.be deemed mandatory prior to any furtherr consideration for
any Conditional Use Permit Pertaininq to this Coqeration Plant and/or
associated steam and/or Dower lines qoinq in or out of the site.
12. If the Conditional Use Permit is granted, w~ re~t an analFsis of all
plant effects ~
~ l{n~, f~ ~i~, ~ ~vi~ ~ ...... ~ti~, ~,
& ~ti~ ~) ~ ~ ~ ~i~ ~ 3
3 (~) ~6 (s~)
Sincerely,
Shirley Jo James, A Hc~e Owner and Concerned Resident
5801 Meadow Oaks Court
Bakersfield, CA 93306
The following people assisted in preparation of this appeal document:
Mile Robison, A Hcmle Owner and Concerned Resident
6508 Derby, Bakersfield, CA 93306
Renee Nelson, A Concerned Area Resident
308 Alta Vista Drive, Bakersfield, CA 93306
Elden Clay Maynard, A Concerned Property Owner in this area.
401 Chris Court, Soquel, CA 95073-2338
RESOLUTION NO. 17-94
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF
THE CITY OF BAKERSFIELD APPROVING AN APPLICATION
OF BEAR MOUNTAIN LIMITED REQUESTING A
CONDITIONAL USE PERMIT AFFECTING THAT CERTAIN
PROPERTY AS HEREINAFTER DESCRIBED TO ALLOW THE
CONSTRUCTION OF A 48 MEGAWATT NATURAL GAS-FIRED
COGENERATION FACILITY.
WHEREAS, BEAR MOUNTAIN LIMITED filed a written application with the
Board of Zoning Adjustment of the City of Bakersfield requesting a Conditional Use Permit
to allow the construction of a 48 megawatt natural gas-fired cogeneration facility in an A
(AGRICULTURAL) zone district on property located at 7001 Camino Grande Drive; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set June 28,
1994, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California,
as the time and place for a public hearing before said Board on said application, and notice
of said hearing was given in the manner provided by Title Seventeen of the Municipal Code
of the City of Bakersfield; and
WHEREAS, for the above-described project, 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 approved by the City Council on
May 18, 1994, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the use of a prevous adopted
Negative Declaration as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff and the Board of Zoning Adjustment; and
WHEREAS, at said hearing held June 28, 1994, the application was duly heard and
considered, and the Board of Zoning Adjustment found as follows:
The proposed cogeneration plant is essential to the public welfare by
providing a diversified job base for the local economy while supporting
oil recovery operations in a state-designated oil field. It is desirable
to the public to provide for industrial opportunities that provide a
positive job/housing mix in northeast Bakersfield. The project is
compatible with surrounding laud uses which include the Kern County
landfill (closed) across the street to the north, the 80-acre parcel
adjacent to the south (zoned for Agricultural and under Williamson
Act contract) and the oil tanks, oil lines, oil wells and oil sumps also
across the street to the north.
-2-
The cogeneration plant is in harmony with the various elements,
objectives and policies of the Metropolitan Bakersfield 2010 General
Plan. The Land Use Element pursuant to policy number 29, supports
the provision of industrial uses including land-intensive mineral
extraction activities. Various imposed conditions of approval require
screen walls, landscaping, setbacks and lighting restrictions that will
reduce impacts on residences as required under policy numbers 34 and
35. Utilizing Camino Grande Drive (County dump road) will to
minimize traffic impacts to residential parcels as required by policy
number 36. The importance of identified mineral resources and the
protection of these resources is supported by the Conservation
Element (policies 7, 8, and 14). Having an 80-acre agricultural parcel
between the cogeneration plant and the residential area to the south
provides as adequate buffer as required by Conservation Policy No. 10.
The herres, landscaping and lighting restrictions maintain scenic values
to the greatest possible extent (as required by Conservation Element
Policy No. 15). The conditions of approval specify compliance with
Federal laws, State laws and local ordinance (as required by
Conservation Element Policy No. 18). Noise attenuation measures
(walls, benns, landscaping, baffles and building setbacks) have been
required to achieve compatibility with noise-sensitive land uses (Noise
Element requirements, Policy Nos. 3 and 4).
Public notice has been given pursuant to both City and State
regulations. In addition, the cogeneration project and environmental
concerns have been the subject of an informational meeting with
concerned property owners, two community meetings, the subject of
an informational flyer and several articles in the Bakersfield
Californian, two public heatings at the City of Bakersfield Planning
Commission and a public hearing before the City Council.
The provisions of CEQA and the City's CEQA implementation
procedures have been followed. The project has been extensively
mitigated to address concerns raised at various stages of the project
and received environmental review through the State Clearinghouse
process. A Negative Declaration for this project, with mitigation, was
approved by the City Council on May 18, 1994.
-5-
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
ADJUSTMENT OF THE CITY OF BAKERSFIELD that said Conditional Use Permit is
hereby approved, subject to the conditions of approval shown on Exhibit "A".
BOARD OF ZONING ADJUSTMENT
OF THE CITY OF BAKERSFIELD
ROBERT M. SHERFY, Acting (~hairman
Approved and Adopted this
28th day of June, 1994
STANLEY G~in~Secreta~
Assistant Planning Director
EXHIBIT "A"
Conditions of Approval
Conditional Use Permit #55,18
NOTE:
This exhibit incorporates all conditions from General Plan Amendment 1-94,
Segraent II and Zone Change #5542. Because some conditions have been more
precisely defined for the conditional use permit, the conditions in this exhibit
supersede those identified in said GPA/ZC. In addition, this exhibit incorporates
the mitigation measures from the approved Negative Declaration so that all
requirements and restrictions tbr this project are contained in one document for
easy reference.
The applicant's rights granted by this approval are subject to the following provisions
from the Bakersfield Municipal Code:
The project shall be tn accordance wtth all approved plans, conditions of approva~ and other
required permits and approvals..4ll constructton shall comply wtth applicable building codes.
All conditions imposed shall be dillgent!v complied with at all times and all constructt~n
authorized or required shall be diligent(v prosecuted to completion before the premises shall be
used for the purposes applied for under this approval.
This approval will not be effective untd ten t 101 days aj~er the date upon which it is granted
[~v the BZA to allow ./'or appeal to the City Councu. .4ny permu or license for any approval
granted shall not be issued until that ~(~ectlve date.
This approval shall automatically be null and votd one (1))'ear after the effective date unless
the applicant or successor has actually commenced use of or construction of what was
authortzed: or if the use ts disconttnued or abandoned for a period of one ~1) year or more.
This time can be errended or modt?ed tbr a longer period if approved by the BZA.
The Planning Director may. revisit a conditional use to ,~.4d or change condittons, or to inittare'
revocation if there 1s good cause, including, but not limited to, failure to comply with
conditions or complete constructton. or the violation by. the owner or tenant of any provision
of the Bakersfield Municipal Code pertaining to the premises for which the conditional use
ivas granted. subject to Section 17.64.070 H.
This approval runs with the land and may. continue under successive owners provided all the
above mentioned provisions are satisfied.
The following are discretionary conditions that shall be satisfied as part of the approval of this
project:
All proposals of the applicant including plant layout illustrated by Figures III and
IV. and the location of the steam line. above _m'ound nonhazardous waste water
line and power line as depicted in Figure x,q[. are conditions of approval unless
herein modified. Location of all improvements shall be generally as shown.
2. The building setback from the north proper~y line shall be a minimum of 95 feet.
Exhibit "A"
CUP//,5448
Page 2
10.
Sound walls and berms shall be constructed with and completed prior to the
cogeneration facility becoming operational. The decibel level shall not exceed 65
dB CNEL at the boundaries of neighboring parcels when in full operation. The
southerly base of the berm containing the sound wall located along the north edge
of the project site shall be constructed a minimum distance of 95 feet south of the
north property line.
Within 60 days after commencing operation of the facility. the applicant shall
submit to the Planning Director. sound measurements from a qualified acoustical
consultant that indicates compliance with the decibel levels identified in condition
#3. Measurements shall be taken when the facility has all significant noise
generating equipment running.
For those areas of the site aroun0 the plant and retention basin, including berms,
a final landscape and irrigation plan depicting a combination of groundcover.
shrubs and trees shall be submitted and approved by the Planning Director prior
to final building plan check approval. Benns shall be sculpted to conform with
existing topography where possible and overall landscape design shall be subject
to the direction of the Planning Director.
Prior to construction of the steam line. the applicant shall submit steam line road
crossing plans to and apply tbr an encroachment permit from the Kern County
Transportation Management De?artment for the crossing of Alfred Harrell
Highway and Camino Grande Drive ICounty Dump Road).
The public water system serving the proposed facility shall be protected from
cross-connection,backflow hazaras in accordance with Title 17. California Code of
Regulations. the requirements of the Uniform Plumbing Code. and to the
satisfaction of the California Water Service Company. Prior to construction,
plumbing, irrigauon 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. depth to ground water, and other data as required
to support the design.
Sewer service shall be provided to the site by connecting to the planned northeast
sewer system when this system is ~sthin 1.000 feet of the project area.
Appropriate sewer fees shall be paid upon issuance of the initial building permit
t~3r the facility. 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 tbr this oversizing will be allowed.
The applicant and/or property owner shall submit a Risk Management and
Prevention Pro,am 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. Said pro,'am
must be completed. approved and implemented prior to facility start-up. ~
Exhibit "A"
CUP #5448
Page 3
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Erosion control measures shall include revegetation of the graded/fill slopes prior
to the first rainy season after completion of construction, prohibition of water
runoff flowing across fill slopes, control of water velocities to reduce the erosive
power of runoff. and the use of lined drainage ditches.
Prior to issuance of a building permit. a drainage study tbr the entire project area
shall be submitted to and approved by the City Engineer. The limits of this study
shall be approved by the City Engineer which may 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.
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.
All construction vehicles shall be required to provide Bear Mountain Limited with
pre-construction certification of a tune-up. Copies of this certification shall be
submitted to the Planning Director.
All construction vehicles shall be prohibited from idling longer than 5 minutes
without the performance of useful work.
During construction. the accumulation of mud and dirt on paved roads shall be
minimized through the use of paved access aprons. wheel washers or other similar
measures.
The applicant shall obtain a 2081 permit from California Department of Fish and
Game (CDFG) and if applicable. a Section 10(a) permit from the United State
Fish and Wildlife Service.
In the event that during construction. historical, archaeological or human remains
are discovered. construction in the discovery area shall be discontinued pending
the proper disposition of the artifact. human remains. etc., in consultation with a
qualified archeologist.
Bear Mountain Limited shall have construction activity monitored by a qualified
paleontologist with "spot-check monitoring" as recommended in the
Paleontologicai Resource Assessment.
The facility shall be fenced or wailed or combination thereo£ electronically sated
and staffed 24 hours per day upon completion.
Fire hydrants shall be installed along the newly installed domestic water pipeline
in consultation with the City of Bakersfield Fire Department providing added fire
protection service to the area.
Exhibit "A"
CUP #5448
Page 4
22.
23.
24.
25.
29.
30.
Anhydrous ammonia is stored on-site in a 12,000 gallon tank. Sealed vent lines
shall 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 shall be equipped with both level controls and pH monitors for
continuous monitoring from the control room.
The facility paint colors shall blend with natural coloration of the area as
approved by the Planning Director.
Lighting shall be designed in accordance with the applicant's Photometric Study
to minimize stray iight off the property.. Overhead lighting apparatus shall include
the use of shields and/or baffles to direct the lighting inward and downward into
the facility. Exterior fixtures shall be of the directional. shoe box type which
generally directs iight inward with use of cut-off shields at 45°. Pole mounted
lighting shall not exceed a height of 25 feet. The exhaust stack lighting shall not
be illuminated except during periods of access for maintenance and emergencies.
A direct communications line from the plant control room to the principal's office
of Dr. Juliet Thomer School shall be installed and in operation prior to the plant
becoming operational.
Based on the traffic study submitted for the cogeneration facility, the local
mitigation to be ?aid at the time cf 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 5140.000.00 = $392.00L If some other use or project is proposed,
a revision to the traffic study and resulting mitigation fee will be required.
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 as delineated in Figure IX.
Primary vehicular access for employees, including construction traffic, to the
cogeneration facility site shall be via Camino Grande Drive (County Dump
Road).
The steam line shall be constructed so as not to rupture with schedule 80 steel
pipe or equivalent material. It shall be covered with at least three inches of
insulation and outer protective coating which shall be earthtone in color.
The applicant shall provide secondary access for emergency vehicles that consists
of a 20-tbot wide easement with all-weather surface that is capable of supporting
a 35-ton vehicle. The route. roadway and construction design, including
appropriate turnaround areas. shall be approved by the Fire Chief and Public
Works Director.
Exhibit "A"
CUP #5448
Page 5
31.
32.
33.
34.
35.
36.
37.
38.
Camino Grande Drive shall be repaired and improved to a 2-lane paved road
standard as directed by the Public Works Director from Fairfax Road to the
easternmost boundary of the 10.67 acre site (that contains both the facility and
construction laydown/storm water retention basin). The applicant shall maintain
to the satisfaction of the Public Works Director, only those portions of the road
that are not publicly maintained.
The applicant shall provide to the Public Works Director an offer of dedication of
right-of-way of Camino Grande Drive along the entire frontage of said 10.67 acres
to collector standard "half-width."
Curb, gutter and sidewalk improvements shall be required along Camino Grande
Drive the entire frontage of said 10.67 acres. Any or all of these improvements
may be deferred as determined by the Public Works Director.
The applicant shall provide documentation to the Public Works Director that all
required road access easements for Camino Grande Drive serving the facility have
been acquired prior to commencement of construction.
There shall be a fire hydrant located outside the berm/sound wall around the
facility. In addition, a Fire Department connection (minimum 2 - 2 1/2 inch
female national standard connection) for any fire protection system or ammonia
diffusion system shall be located outside the berm/sound wall. The location of the
hydrant and connection shall be determined by the Fire Department with
consideration or' prevailing wind conditions in the area.
No structure, roadway or other improvements shall be constructed over or in the
proximity of an abandoned oil and gas well without first consulting with the State
Division of Oil, Gas, and Geothermal Resources for leakage testing or re-
abandonment, if necessary. Said office shall also be notified if excavation or
grading uncovers a previously unknown well for remedial operations as required.
The creation of dust generated by construction activities shall be controlled by the
applicant by watering the site or by using an approved soil hinder to reduce
fugitive dust. Water shall be sprayed on areas that are unpaved and without
vegetation during the course of construction. Graded areas shall be periodically
watered down to minimize the transport of dust from the site, especially during
periods of high winds. The soils shall be kept moist to a depth of one inch with
water applied by a method which is acceptable to the City of Bakersfield Public
Works Department and the San Joaquin Valley Unified Air Pollution Control
District.
Once the applicant or successive owner deems that the facility is no longer to be
utilized as granted under this conditional use permit, the plant shall be completely
dismantled. foundations removed, and the site graded. This shall also include the
removal of the steam line, the power line if determined by P.G.& E. that it should
be removed, and any other manmade additions. Berms, walls, fences, landscaping,
irrigation, and utility connections may remain if approved by the Planning
Director. A plan for disposition of the facility, including reclamation of the site,
shall be submitted to the Planning Director prior to operation of the facility.
Exhibit
CUP #5448
Page 6
II.
As part of the review process. plans tbr this project have also been reviewed by the Site
Plan Review Committee. The following conditions are to be satisfied in order for this
project to comply with city ordinances. These conditions pertain to the 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 the site plan. 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.
Show fire hydrant locations at the west side of the main entrance of the facility
and the east side of the easterly exit road. including required fire flows. on the
final site plan. (Fire)
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 residential properties and streets.
Lighting proposals must be approved before Building Department will begin plan
check. (Planning and Building)
Show one. 6' x 8' refuse bin. Location to be approved by the Sanitation
Department. (Samtation)
The width of the main entrance/exit of the facility (westerly drive) shall be a
minimum of 24 feet in width to the parking area. All other drives may remain at
a 20-foot width but shall be limited to one-way travel. These one-way drives shall
be clearly marked on the plans and on the site. (Traffic Engineering)
"B" CONDITIONS - These conditions must be satisfied prior to the Building Department
commencing plan check for the project.
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)
In order to provide adequate fire suppression for construction materials and
activities. the applicant shall install the required fire hydrants prior to final site
plan approval. or provide alternative fire suppression as approved by the Fire
Chief. (Fire)
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 im~)rmational notes that will assist in completion and
operation of the project. There are also conditions identified that must be satisfied
sometime after plan cheek has begun. The deadline for complying with those conditions
is specified in the condition.
Exhibit "AM
CUP//:5448
Page 7
11.
12.
13.
14.
15.
i6.
17.
18.
19.
20.
Obtain approval from the City of Bakersfield Hazardous Materials Division for
any necessary permits prior to final occupancy.
Obtain approval from the San Joaquin Valley Unified Air Pollution Control
District for any necessary permits.
Obtain approval from the Kern County Environmental Health Department for
any necessary permits prior to issuance of grading permit.
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)
Based upon available information, fire flow requirement may be 3500 gallons per
minute. (Fire)
All persons required to furnish fire hydrants are hereby required to purchase the
required fire hydrants from the Ci.ty of Bakersfield.
Provide the Fire Department with one set of approved water plans prior to the
issuance of any building permit. (Fire)
Contact the Building Department t0r any proposed signage. A separate permit is
required for all new signage, including construction signs. (Building)
Show compliance with all handicap requirements pursuant to State Building Code.
(Building)
A final soils report shall be submitted to the Building Department prior to
issuance of a building permit. (Building)
School district fees will be assessed at the time of issuance of a building permit.
(Building)
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)
The parking required for this project has been computed as follows:
Maximum number of employees on site per shift
Minimum number of spaces for visitors
Total
= 6
= 4
10
Approved landscaping shall be installed according to landscaping plan prior to
final buildinc, 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
CUP #5448
Page 8
III.
21.
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. 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)
22.
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.
Based on the rate schedule in effect tbr the 1993-1994 fiscal year and the
proposed project use, a rate of $ 8~7 per vehicular trip would be anticipated.
23.
Provide one, 3 cubic yard. front loading type refuse bin on concrete pad per
standard #S-43. (Sanitation)
The following are mitigation measures that have been adopted in conjunction with the
approved Negative Declaration by the City Council. They are only identified in this
exhibit to aid in monitoring and entbrcement and are not subject to change unless the
Negative Declaration is amended.
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 (MBHCP) will be monitored
tbr consistency w~th 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)
All equipment storage and parIcing 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 paricing and storage areas
shall be clearly delineated using stakes, flagging, and/or rope or cord.
(Mitigation)
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 rights-of-way. (Mitigation)
Exhibit
CUP #5448
Page 9
10.
11.
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 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 CDFG &
USF&WS. (Mitigation)
The use of rodenticicle 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 shall 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 anv 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 immeaiately of the change in status. (Mitigation)
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.
Exhibit 'A"
CUP #5448
Page 10
13.
I4.
15.
16.
17.
18.
p:cup5548.ea
Any kit foxes in residence shall be allowed to escape unimpeded. 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)
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
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)
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" (as defined by CDFG and USF&WS)
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 ot' concern. Any subsequently
discovered populations of listed plant species shall be avoided by an exclusion
zone. Other "special status" (as defined bv CDFG and USF&WS) plant species
shall be avoided to the maximum extent f~:asible. (Mitigation)
The final steam/Waste water 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. Off-road vehicle travel and
construction activities. including hanger installation, shall remain outside of these
buffer areas. (Miti~tion)
All areas temporarily disturbed outside of the plant and retention basin by facility
construction and grading of the hills and bernas shall be reseeded with a mixture
of native grass and valley saltbush (Atriplex r~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 dripnat 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)
June 16, 1994
22
m
CONDITIONAL USE PERMIT 5548
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Minuses, BZA, 6/28/94
5. FII~E 5577 - DANNY ORDIZ, A.I.A.
Page 4
Staff planner,replied that houses abut that area, and the limitation to the openings
would keep equipment and noise away from those homes,
Member Kloepper a~l~ed about drainage from the school district property,
Mr. Ordiz replied that they~iave designed new drainage to Fairview Road.
Public hearing was closed.
Member Kloepper asked that a Conditioa #16 be added to the "C" Conditions, "A
drainage study shah be approved by the Public Works Depmtment and
improvements, if any are reqmred, made to &ainage disposal facilities prior to
occupancy of the structure".
Delete the words, "existing and" in discretionary. conditi0a. # 1.
Add to discretionary condition #2 after boundary "as measured'from highest grade".
Motion was made by Chairman Shefly to adopt resolution approving,,,Conditional
Use Permit and making all findings set forth in the staff report for Conch'lip, hal Use
Permit #5577 to allow the consauction of a 9000 squareN,foot
warehouse/maintenance building at an existing school maintenance site, subjeL't, to
the conditions in Exhibit "A" with the addition of #16 to "C" Conditions as note&
above, and amendments to Discretionary Conditions # 1 and #2 as previously noted.
Motion carried by the following roll call vote:
AYES: Kloepper, Leonard, Shefly
7001 CAMINO GRANDE DRIVE -- A CONDITIONAL USE PERMIT TO
ALLOW THE CONSTRUCTION OF A 48 MEGAWATT NATURAL GAS
FIRED COGENERATION FACILITY ON A 6.01 ACRE PORTION OF A 78.45-~
ACRE PARCEL WITH ANOTHER 4.66 ACRE PORTION TO BE UTILIZED
AS A TEMPORARY CONSTRUCTION LAY DOWN PERMANENT STORM
DRAINAGE AREA ADJACENT TO THE FACILITY. (FII]E 5548 - BEAR
MOUNTAIN LIMITED)
Staff report was given.
Chairman Shefly proposed limiting discussion to one half hour per side. Motion was
made Chairman Sherfy. seconded by Member Kloepper, and carried.
Minutes, BZA, 6/28/94 Page 5
6. FILE 5548 - BEAR MOUNTAIN LIMITED
Pubhc heating was opened.
Michael Robison spoke in opposition. He stated his concerns regarding water use,
noise, P.G.&E. tower lines. air quality, and methane gas.
Clay Maynard spoke in opposition. His primary concern is in regards to the
potential future expansion of dangerous and unsightly steam lines and other "octopus
tentacle" like growth into the Rio Bravo Annexation existing and planned residential
areas.
Steve Witt spoke in opposition. He submitted a letter with several questions about
the necessity for a power plant; why would it be located in the city. and why this
location was chosen for it. He also asked who would pay for the improvements to
Camino Grande. He stated that the noise would be a constant noise unlike noise
from Lake Ming and Mesa Marin.
Ms. Jeanne Benedetti with Bear Mountain Limited introduced Jessie Frederick with
Destec and Mary Jane Wilson, WZI Inc.
Mr. Frederick addressed some of the concerns mentioned by those who spoke in
opposition.
Mflt Dreblow spoke in favor indicating that this proposal will reactivate the oilfields
in the area.
Pubhc hearing was closed.
Member Kloepper asked about there bemg a proliferation of steam lines crossing the
terrain.
Mr. Frederick stated they have no intent on spreading out a number of lines. He
then addressed some of the issues such as water use, indicating that California Water
Service will not give them preferential treaUnent in the event of a drought; noise will
be limited to 65 dba at the facility boundary; PG&E towerline interference, they have
no known instances where that has been mapped as a problem, as to migration of
methane gas, testing of soil has been done with no problems found. He also stated
that Destec will maintain Camino Grande Drive.
Member Kloepper asked how they plan to regulate the use of the dirt roads.
Minutes, BZA, 6/28/94 Page 6
6. FILE 5548 - BEAR MOUNTAIN LIMITED
Mr. Frederick replied they can provide a penalty or make an entry into the personnel
records but they would not be able to police the roads for residents use. These
roads will be covered with a all weather type materials and would be able to support
a 35 ton fire track.
Member Leonard asked about setbacks.
Mr. Frederick replied they have moved the setback to 100 feet at the suggestion of
the Planning Commission to accommodate fire lanes and methane gas issue.
Member Kloepper stated that he visited the site with Mary Jane Wilson and a
representative from Destec and concluded that this use is well suited topographically.
He also stated that he went to the Live Oak Plant and the noise that comes from
that plant is at about the same level of noise coming from a residential swimming
pool pump, and therefore could support the project.
Chairman Shefly stated that he also at a separate time visited the sites and
supported the project.
Member Leonard stated that he also visited the site separate from the other two
members and felt comfortable with the conditions that are being imposed on the
project.
Member Kloepper stated that this project is extensively conditioned and if they do
not comply they would be in violation of the Conditional Use Permit.
Member Kloepper made the motion to adopt the resolution making all findings set
forth in the staff report approving Conditional Use Permit No. 5548 to allow a
cogeneration facility, subject to the conditions in Exhibit "A" with amendment to Site
Discretionary Condition #31 to read as follows "Camino Grande Drive shall be
repair and improved to a 2-lane paved road standard as directed by the Public Works
Director from Fairfax Road to the easternmost boundary of the 10.67 acre site (that
contains both the facility and construction laydown/storm water retention basin).
The applicant shall maintain to the satisfaction of the Public Works Director, only
those portions of the road that are not publicly maintained". Motion carried by the
following roll call vote:
AYES: Kloepper. Leonard, Shefly
STAFF REPORT
Board of Zoning Adjustment
Meeting of June 28, 1994
PROJECT: Conditional Use Permit No. 5548
APPLICANT: Bear Mountain Limited
LOCATION: Northeast Bakersfield (7001 Camino Grande Drive) 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 (Figure I). A more precise
location of the facility is the north one-half of the northeast quarter of the
southwest quarter of Section 12, Township 29 South, Range 28 East, M.D.B.&M.
PROJECT DESCRIPTION:
The applicant is proposing to construct a 48 megawatt natural gas-fired cogeneration facility that
will produce steam and electricity. The steam is proposed to be injected into oil fields located in
the Kern River Oil Field 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. The Kern River Oil Field is
located to the west 1.5 miles from the facility site.
In anticipation of the conditional use permit request, the applicant applied for and received
approval of a general plan amendment and zone change (granted by the City Council on May 18,
1994). The general plan was amended from LR (Low Density Residential) to R-MP (Resource-
Mineral Petroleum) on 16.8 - acres and the zone change was from R-S-10A (Residential
Suburban ten-acre minimum lot size) to A (Agriculture) on 13.59 -+ acres. A conditional use
permit is required for the operation of a cogeneration facility on the northeastern portion of the
78.45 acre parcel owned by the applicant (Figure II). The proposed cogeneration facility will be
located on a 6.01 acre portion of the 78.45 acre site (Figures III and IV). Another 4.66 acres
along the cogeneration site's easterly boundary is proposed for temporary "construction laydown"
purposes and permanent storm drainage retention (Figure III). These improvements are limited
to a total of 10.67 acres of the 78.45 acre property.
A (one) proposed above ground steam line to the Kern River Oil Field northwest of the subject
site would be approximately 1.5 miles in length (Figure VI). The steam line would transverse
terrain ranging in elevation from 440 to 820 feet and intersect with Camino Grande Drive and
Alfred Harrell Highway. No other steam lines are proposed at this time. An above-ground non-
hazardous waste water line will be located adjacent to the steam line. All other proposed natural
gas and water lines will be underground.
The steam line is proposed to 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 both the
steam and non-hazardous waste water lines would be approximately 40 feet in width.
The power lines that v411 deliver electricity to P.G.&E. will run from the generator to the west to
intercept an existing P.G.&E. line. The route is approximately 1-1/2 miles and is depicted on
Figure (VI). Poles will be wood approximately 60 feet high and spaced approximately 300 - 400
feet on-center. The pole line will be centered and routed along a 100-foot wide easement to be
obtained by P.G.&E.
(Prepared - J. Egge~)
Staff Report, BZA, 6/28/94
Conditional Use Permit #5548 (continued)
Page 2
ENVIRONMENTAL SEI'IING:
The subject site is located in northeast Bakersfield approximately one mile southeast of Alfred
Hartell Highway, one and one-half miles north of State Highway 178, one-half mile north of
Paladino Drive alignment and three-fourths mile northeast of Fairfax Road (Figure I).
The area's terrain is hilly with elevations ranging from 800 to 900 feet. The site is situated on
the easterly slope of a northwesterly to southeasterly oriented hill having an elevation of 900 feet.
Slope on the hill's eastern slope ranges from 7.7 _+ to 20 - percent while the western slope
ranges from 16 ___ to 36 --- percent. Natural elevation of the site ranges from approximately 820
to 866 feet; however, that portion of the site on which the cogeneration facility will be located
has been graded to a relatively level terrain (See Figure V for topography) which has reduced
the elevation to 832 feet.
The site was previously utilized as a part of Oxy USA, Inc.'s oil production operation, borrow
material and gravel excavation, and most recently, as an illegal dumping area. Surrounding land
uses are listed in Table I. The site is located within the Kern Bluff Oil Field (Figure VII).
TABLE I
Land Uses and Zoning of Adjacent Properties
LAND USE ZONING
LOCATION DESIGNATION DISTRICT LAND USE
NORTH P-SW. LR. OS-S A. A20-A. Oil wells. oil tanks. undeveloped land. landfill
R-S-10A. O-S
SOUTH OS-S, R-MP, LR A, R-1 Transmission tower, oil tanks, undeveloped land.
dwelling units. and school *
EAST R-MP, LR A, R-1 Electricity transmission lines, oil wells, oil tanks and
undeveloped land
WEST P-SW. OS-S. LR R-i, R-S-10A Undeveloped land, dwelling units*
Measured from the cogen site: Dwelling units are located approximately one-half mile to the south and one
mile to the southwest: an elementary school is located approximately one mile to the southeast; and an
elementary. junior high and high school are located one and one-half miles to the southwest.
ENVIRONMENTAL ANALYSIS:
On May 18, 1994, the City Council approved a Negative Declaration with mitigation indicating
that this project, which includes General Plan Amendment 1-94, Segment II, Zone Change
#5542. and this conditional use permit (CUP #5548), will not have a significant effect upon the
environment. There have been no changes or new information provided regarding this project
since the Negative Declaration was approved. Therefore, the Board of Zoning Adjustment will
not be considering any further review of environmental effects as the City Council has adequately
addressed the project.
(Prepared - I. Egget~)
Staff Report, BZA, 6/28/94
Conditional Use Permit #5548 (continued)
Page 3
[NOTE: The members of the Board of Zoning Adjustment received the professional studies,
initial environmental study and supplementary materials relied upon by the Planning Commission
and City Council for approval of the Negative Declaration. This information was provided to
them on May 27, 1994 to enable them to gain an understanding of how the mitigation and
conditions were derived. The applicant also proposed numerous conditions as part of the overall
project description that have been incorporated into this project.]
PROJECT ANALYSIS:
Land Use:
The Conditional Use Permit affects the entire 78.45 acre parcel. Location and operation of the
cogeneration facility, however, is limited to the northeasterly 6.01 acres as shown on Figure IV.
Any expansion to the facility outside of the 6.01 acre site will require either a new or an
amendment to the proposed conditional use permit. There is also a 4.66 acre site located
immediately east of the cogeneration facility site which will be utilized as a temporary
construction laydown area. When construction of the facility is completed, the construction lay
down area will be developed into a storm water retention basin (Figure III). The remainder of
the 78.45 acre parcel will be limited in use to that permitted by the existing agricultural zone
district (agricultural uses) and drilling of petroleum wells (since the site is within an oil field).
The area immediately surrounding and adjacent to the subject site is either undeveloped or is
used for various types of petroleum production processes. A communications transmission
tower, and electricity transmission lines and towers are also located in the immediate area. The
Kern County solid waste landfill (which is no longer in use) is located immediately north of the
site.
Dwelling units, although not contiguous with the subject site, are located south. southeast and
southwest of the project site. Distance from the proposed cogeneration facility to dwellings
ranges from approximately one-half mile to two miles. An elementary school is located
approximately one-mile southeast of the facility site, and to the southwest at a distance of
approximately one and one-half miles, is another elementary school, a junior high school and a
high school (Figure X).
Traffic:
The applicant's traffic study states that no LOS (Level of Service) changes will result because of
the project. During the P.M. peak hour, eleven trips, outbound from the cogeneration facility
will be created.
During each 24-hour operation of the cogeneration facility, staff calculates the facility will
generate 30 to 40 vehicle trips. During the facility's construction phase, considerably more traffic
will be generated than during the operational phase but this is temporary and well within the
street capacity in the area. Access to the site will need to be improved for emergency response.
(Prepared - J. Eggen)
Staff Report, BZA, 6/28/94
Conditional Use Permit #5548 (continued)
Page 4
Noise:
The applicant's noise study indicates that the cogeneration facility will operate at a CNEL noise
level of approximately 76 dB if unmitigated. The city's noise standard for noise sensitive land
uses is 65 or less CNEL riB. The property adjacent to the north is the closest potentially noise
sensitive land use LR (Low Density Residential) (Figure VIII). Any residential development to
the north would be subject to noise impacts generated from the cogeneration facility. Because of
this, an acoustical analysis was prepared for the project, and mitigation from this study was
incorporated into the final conditions by the City Council (Exhibit A).
The noise study recommends that mitigation include construction of sound suppression walls
along the north side and portions of the east and west sides of the cogeneration site. Such walls
would decrease the noise level to 63 dB or less north of the cogen site. This would mitigate
noise levels to within the city's noise level standards for sensitive land uses. These sound walls
would range in height from 15 to 22 feet. The development plan shows that these walls will be a
combination of masonry walls and earthen benns.
Other residential designated land is located approximately one-fourth mile southeast and four-
tenths mile east of the cogeneration site (Figure VIII). Noise impacts to these locations are
insignificant as the acoustical analysis demonstrated the CNEL 65 db contour level does not
encroach into those areas.
A post construction sound test of plant operations is required in the conditions to confirm that
noise levels meet the standard.
Aesthetics:
Open space qualities/aesthetics may be affected by the cogeneration facility's exhaust stack.
Although some steam will be evident on cold days from the aleaerator aad cooling tower, no
steam or smoke will be emitted from the exhaust stack of the facility. The facility is located on
the eastern slope of a hill 900 feet in elevation (Figure V). Ground surface elevation for the site
is 832 feet while the height of the exhaust stack (the tallest structure of the facility) is 74.5 feet.
This means the exhaust stack elevation would be 906.5 feet, however, it would not be visible to
residents located south and southwest of the facility site, but it may be in view of any observer or
resident located north, east and southeast of the site. The base elevation of the plant may be
further reduced after final grading is conducted which would lessen the stack's visibility.
(Prepared . J. Eggen)
Staff Report, BZA. 6/28/94
Conditional Use Permit #5548 (continued)
Page 5
Light and Glare:
Electrical lighting facilities would be a potential source of nighttime light and glare.
Such facilities would be clearly visible from the north, southeast and east. From the south and
west, the location of the lighting facilities along the eastern slope of the hill would not allow
direct viewing of such facilities. Residents to the south and west may see an atmospheric glow
generated by the lighting from the facility.
Utilities:
Water and natural gas lines will have to be extended to the cogeneration facility (Figure VI).
The gas line will be extended from the existing Mojave Pipeline located approximately one-half
mile south of the cogeneration site. Water will be provided by the California Water Service
Company. The water line will have to be extended a distance of approximately one and one-half
miles from an existing water line. Power lines to connect with P.G.&E. would be extended from
the facility 1-1/2 miles to the west.
General Plan Policies:
General plan policies of the Metropolitan Bakersfield 2010 General Plan support this project.
They are:
LAND USE ELEMENT
POLICY NO.
29
34
35
Industrial Develooment
A. Support
POLICY
Allow for a variety of industrial uses. including land-intensive mineral extraction
and processing, heavy. manufacturing, light manufacturing, warehousing and
distribution. transportation-related, and research and development uses.
B. Required
Require that industrial uses provide design features, such as screen walls,
landscaping and height, setback and lighting restrictions between the boundaries
of adjacent residential land use designations so as to reduce impacts on residences
due to light, noise, sound and vibration.
Street frontages along all new industrial development shall be landscaped.
(Prepared - Z Eggen)
Staff Report, BZA. 6/28,/94
Conditional Use Permit #5548 (continued)
Page
36
7
8
14
Minimize impacts of industrial traffic on adjacent residential parcels through the
use of site plan review and improvement standards.
CONSERVATION ELEMENT
Mineral Resources
A. Support
Land use decisions shall recognize the importance of identified mineral resources
and need for conservation of resources identified by the State Mining and
Geology Board.
Protect significant mineral and petroleum resource areas. including potential sand
and gravel extraction areas.
Prohibit incompatible development in areas which have a significant potential for
harm to public health, safety and welfare due to mineral and petroleum extraction
and processing.
POLICY NO.
10
15
B. Required
POLICY
Require buffer zones of compatible uses adjacent to mineral resource zones.
Design resource extraction operations to maintain the integrity of areas of "high
environmental quality" and unique scenic value.
18
19
Where discretionary permits are required for mineral and energy exploration or
development, specify compliance with State. Federal and local standards and
attainment programs wtth respect to air quality, protection of rare, threatened or
endangered species, conservation of water quality, watersheds and basins, and
erosion protection.
Ensure petroleum and mineral development projects provide processes and
procedures tbr the capture, treatment and disposal of all gases, fluids, wastes and
spoils in accordance with Federal. State and local regulations.
(Prepared - J. Eggen)
Staff Report, BZA, 6/28/94
Conditional Use Permit #5548 (continued)
Page 7
NOISE ELEMENT
POLICY NO.
POLICY
B. Required
Review discretionary industrial, commercial or other noise-generating land use
projects for compatibility with nearby noise-sensitive land uses. Additionally, the
development of new noise-generating land uses which are not preempted from
local noise regulation will be reviewed if resulting noise levels will exceed the
performance standards contained within Table VII-5 in areas containing
residential or other noise-sensitive land uses.
Require noise level criteria applied to land uses other than residential or other
noise-sensitive uses to be consistent with the recommendations of the California
Office of Noise Control.
SUMMARY OF GENERAL PLAN POLICIES:
The aforementioned policies represents the most relevant general plan policies for this type of
development. These policies recognize the importance of petroleum development to the local
economy by being very supportive of such activities within designated oil fields. Some policies
specifically protect such "fields" from non-compatible land use intrusions. The right to develop
such uses is also balanced.against impacts to adjacent sensitive land uses. The proposed
cogeneration plant is supported by 2010 Plan policy and is conditioned to minimize impacts to
future residential areas.
CONCLUSION:
The project is located within a state-designated oil field (Kern Bluff Oil Field) and any land use
consistent with mineral production activities is considered consistent with the
R-MP (Resource-Mineral Petroleum) designation of the general plan. Cogeneration facilities are
common ancillary uses in the extraction of the type of crude oil found in Kern County. The R-
MP designation and A zoning district are candidate areas for the siting of a cogeneration facility.
There are no existing dwellings within one-half mile of this site. The 6.01 acre facility site is
buffered by the remaining 78.45 acre parcel and an adjacent 80 acre parcel between it and the
homes to the south. The "A" zoning of these parcels also serves as an effective buffer since only
agricultural uses are allowed. There were no issues or impacts raised by state and local agencies
which have not been addressed by project design. conditions of approval or mitigation measures
in the approved environmental document. The topography of the site with berms and
(Prepared - J. Eggen)
Staff Report, BZA. 6/28/94
Conditional Use Permit #5548 (continued)
Page 8
landscaping will minimize the aesthetic impacts to less than significant while permitting the
development of a project which is consistent with the Resource-Mineral Production Land Use
designation of the general plan.
FINDINGS:
The proposed cogeneration plant is essential to the public welfare by providing a
diversified job base for the local economy while supporting oil recovery operations in a
state-designated oil field. It is desirable to the public to provide for industrial
opportunities that provide a positive job/housing mix in northeast Bakersfield. The
project is compatible with surrounding land uses which include the Kern County landfill
(closed) across the street to the north, the 80-acre parcel adjacent to the south (zoned for
Agricultural and under Williamson Act contract) and the oil tanks, oil lines, oil wells and
oil sumps also across the street to the north.
The cogeneration plant is in harmony with the various elements, objectives and policies of
the Metropolitan Bakersfield 2010 General Plan. The Land Use Element pursuant to
policy number 29. supports the provision of industrial uses including land-intensive
mineral extraction activities. Various imIx3sed conditions of approval require screen
walls, landscaping, setbacks and lighting restrictions that will reduce impacts on residences
as required under policy numbers 34 and 35. Utilizing Camino Grande Drive (County
dump road) will to minimize traffic impacts to residential parcels as required by policy
number 36. The importance of identified mineral resources and the protection of these
resources is supported by the Conservation Element (policies 7, 8, and 14). Having an
80-acre agricultural parcel between the cogeneration plant and the residential area to the
south provides as adequate buffer as required by Conservation Policy No. 10. The berms,
landscaping and lighting restrictions maintain scenic values to the greatest possible extent
(as required by Conservation Element Policy No. 15). The conditions of approval
specify compliance with Federal laws, State laws and local ordinance (as required by
Conservation Element Policy No. 18). Noise attenuation measures (walls, berms,
landscaping, baffles and building setbacks) have been required to achieve compatibility
with noise-sensitive land uses (Noise Element requirements, Policy Nos. 3 and 4).
Public notice has been given pursuant to both City and State regulations. In addition, the
cogeneration project and environmental concerns have been the subject of an
informational meeting with concerned property owners, two community meetings, the
subject of an informational flyer and several articles in the Bakersfield Californian, two
public hearings at the City of Bakersfield Planning Commission and a public hearing
before the City Council.
(Prepared - J. Eggen)
Staff Report, BZA. 6/28/94
Conditional Use Permit #5548 (continued)
Page 9
The provisions of CEQA and the City's CEQA implementation procedures have been
followed. The project has been extensively mitigated to address concerns raised at
various stages of the project and received environmental review through the State
Clearinghouse process. A Negative Declaration for this project, with mitigation, was
approved by the City Council on May 18. 1994.
RECOMMENDED ACTION:
Motion to adopt resolution making all findings set tbrth in the staff report APPROVING
Conditional Use Permit No. 5548 to allow a cogeneration facility, subject to the conditions in
Exhibit "A".
p:cup5548,sr
June 17, 1994
(Prepared . J. Eggen)
EXHIBIT "A"
Conditions of Approval
Conditional Use Permit #5548
NOTE:
This exhibit incorporates all conditions from General Plan Amendment 1-94,
Segment II and Zone Change #5542. Because some conditions have been more
precisely defined for the conditional use permit, the conditions in this exhibit
supersede those identified in said GPA/ZC. In addition, this exhibit incorporates
the mitigation measures from the approved Negative Declaration so that all
requirements and restrictions tbr this project are contained in one document for
easy reference.
The applicant's rights granted by this approval are subject to the following provisions
from the Bakersfield Municipal Code:
The project shall be in accordance with all approved plans, conditions of approval, and other
required permits and approvals. AH construction shall comply with applicable building codes.
All conditions imposed shall be diligently complied with at all times and all construction
authorized or required shall be diligent(v prosecuted to completion before the premises shall be
used for the purposes applied for under this approval.
This approval will not be effective until ten (10) days after the date upon which it is granted
by the BZA to allow for appeal to the Ci~ Council. Any permit or license for any approval
granted shah not be issued until that effectrye date.
This approval shah automatically be null and void one (1) year after the effective date unless
the applicant or successor has actual(v commenced use of or construction of what was
authorized; or if the use is dt~continued or abandon ed for a period of one (1) year or more.
This time can be extended or modified jbr a longer period if approved by the BZA.
The Planning Director may revisit a conditional use to add or change conditions, or to initiate
revocation if there is good cause, including, but not limited to, failure to comply with
conditions or complete construction, or the violation by the owner or tenant of any provision
of the Bakersfield Municipal Code pertaining to the premises Jbr which the conditional use
was granted, subject to Section 17.64.070 H.
This approval runs with the land and may continue under successive owners provided all the
above mentioned provisions are satisfied.
The following are discretionary conditions that shall be satisfied as part of the approval of this
project:
All proposals of the applicant including plant layout illustrated by Figures III and
IV. and the location of the steam line, above ground nonhazardous waste water
line and power line as depicted in Figure VI, are conditions of approval unless
herein modified. Location of all improvements shall be generally as shown.
2. The building setback from the north property line shall be a minimum of 95 feet.
Exhibit "A"
CUP #5448
Page 2
10.
Sound walls and berms shall be constructed with and completed prior to the
cogeneration facility becoming operational. The decibel level shall not exceed 65
dB CNEL at the boundaries of neighboring parcels when in full operation. The
southerly base of the berm containing the sound wall located along the north edge
of the project site shall be constructed a minimum distance of 95 feet south of the
north property. line.
Within 60 days after commencing operation of the facility, the applicant shall
submit to the Planning Director. sound measurements from a qualified acoustical
consultant that indicates compliance with the decibel levels identified in condition
#3. Measurements shall be taken when the facility has all significant noise
generating equipment running.
For those areas of the site around the plant and retention basin, including berms,
a final landscape and irrigation plan depicting a combination of groundcover,
shrubs and trees shall be submitted and approved by the Planning Director prior
to final building plan check approval. Berms shall be sculpted to conform with
existing topography where possible and overall landscape design shall be subject
to the direction of the Planning Director.
Prior to construction of the steam line, the applicant shall submit steam line road
crossing plans to and apply tbr an encroachment permit from the Kern County
Transportation Management Department for the crossing of Alfred Harrell
Highway and Camino Grande Drive (County Dump Road).
The public water system serving the proposed facility shall be protected from
cross-connection/backflow hazards in accordance with Title 17. California Code of
Regulations, the requirements of the Uniform Plumbing Code, and to the
satisfaction of the Calitbrnia Water Service Company. Prior to construction,
plumbing, irrigation and fire system plans shall be submitted to Kern County
Environmental Health Services Department tbr 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, depth to ground water, and other data as required
to support the design.
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 shall be paid upon issuance of the initial building permit
for the facility. 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.
The 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 Health and Safety Code and applicable City ordinances. Said program
must be completed. approved and implemented prior to facility start-up.
Exhibit "A"
CUP #5448
Page 3
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Erosion control measures shall include revegetation of the graded/fill slopes prior
to the first rainy season after completion of construction, prohibition of water
runoff flowing across till slopes, control of water velocities to reduce the erosive
power of runoff. and the use of lined drainage ditches.
Prior to issuance of a building permit. a drainage study tbr the entire project area
shall be submitted to and approved by the City Engineer. The limits of this study
shall be approved by the City Engineer which may 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.
Prior to issuance of a building permit. a grading plan for the entire site, including
any required access road, shall he submitted to and approved by the City Engineer
and the Building Department.
All construction vehicles shall be required to provide Bear Mountain Limited with
pre-construction certification of a tune-up. Copies of this certification shall be
submitted to the Planning Director.
All construction vehicles shall be prohibited from idling longer than 5 minutes
without the pert(~rmance of useful work.
During construction. the accumulation of mud and dirt on paved roads shall be
minimized through the use of paved access aprons. wheel washers or other similar
measures.
The applicant shall obtain a 2081 permit from California Department of Fish and
Game (CDFG) and if applicable. a Section 10(a) permit from the United State
Fish and Wildlife Service.
In the event that during construction. historical, archaeological or human remains
are discovered. construction in the discovery area shall be discontinued pending
the proper disposition of the artithct, human remains, etc., in consultation with a
qualified archeologist.
Bear Mountain Limited shall have construction activity monitored by a qualified
paleontologist with "spot-check monitoring" as recommended in the
Paleontological Resource Assessment.
The facility shall be fenced or wailed or combination thereoff electronically gated
and staffed 24 hours per day upon completion.
Fire hydrants shall be installed along the newly installed domestic water pipeline
in consultation with the City of Bakersfield Fire Department providing added fire
protection service to the area.
Exhibit "A"
CUP #5448
Page 4
22.
23.
24.
25.
26.
27.
28.
29.
30.
Anhydrous ammonia is stored on-site in a 12,000 gallon tank. Sealed vent lines
shall 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 shall be equipped with both level controls and pH monitors for
continuous monitoring from the control room.
The facility paint colors shall blend with natural coloration of the area as
approved by the Planning Director.
Lighting shall be designed in accordance with the applicant's Photometric Study
to minimize stray light off the property. Overhead lighting apparatus shall include
the use of shields and/or baffles to direct the lighting inward and downward into
the facility. Exterior fixtures shall be of the directional, shoe box type which
generally directs light inward with use of cut-off shields at 45°. Pole mounted
lighting shall not exceed a height of 25 feet. The exhaust stack lighting shall not
be illuminated except during periods of access for maintenance and emergencies.
A direct communications line from the plant control room to the principal's office
of Dr. Juliet Thornet School shall be installed and in operation prior to the plant
becoming operational.
Based on the traffic study submitted for the cogeneration 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.
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 as delineated in Figure IX.
Primary vehicular access for employees, including construction traffic, to the
cogeneration facility site shall be via Camino Grande Drive (County Dump
Road).
The steam line shall be constructed so as not to rupture with schedule 80 steel
pipe or equivalent material. It shall be covered with at least three inches of
insulation and outer protective coating which shall be earthtone in color.
The applicant shall provide secondary access for emergency vehicles that consists
of a 20-tbot wide easement with all-weather surface that is capable of supporting
a 35-ton vehicle. The route, roadway and construction design, including
appropriate turnaround areas, shall be approved by the Fire Chief and Public
Works Director.
Exhibit "A"
CUP #5448
Page 5
31.
32.
33.
34.
35.
36.
37.
38.
Camino Grande Drive shall be repaired and improved to a 2-lane paved road
standard as directed by the Public Works Director from Fairfax Road to the
easternmost boundary of the 10.67 acre site (that contains both the facility and
construction laydown/storm water retention basin). The applicant shall maintain
only those portions of the road that are not publicly maintained to the satisfaction
of the Public Works Director.
The applicant shall provide to the Public Works Director an offer of dedication of
right-of-way of Camino Grande Drive along the entire frontage of said 10.67 acres
to collector standard "half-width."
Curb, gutter and sidewalk improvements shall be required along Camino Grande
Drive the entire frontage of said 10.67 acres. Any or all of these improvements
may be deferred as determined by the Public Works Director.
The applicant shall provide documentation to the Public Works Director that all
required road access easements for Camino Grande Drive serving the facility have
been acquired prior to commencement of construction.
There shall be a fire hydrant located outside the berm/sound wall around the
facility. In addition, a Fire Department connection (minimum 2 - 2 1/2 inch
female national standard connection) tbr any fire protection system or ammonia
diffusion system shall be located outside the betre/sound wall. The location of the
hydrant and connection shall be determined by the Fire Department with
consideration of prevailing wind conditions in the area.
No structure, roadway or other improvements shall be constructed over or in the
proximity of an abandoned oil and gas well without first consulting with the State
Division of Oil, Gas. and Geothermal Resources for leakage testing or re-
abandonment, if necessary. Said office shall also be notified if excavation or
grading uncovers a previously unknown well for remedial operations as required.
The creation of dust generated by construction activities shall be controlled by the
applicant by watering the site or by using an approved soil binder to reduce
fugitive dust. Water shall be sprayed on areas that are unpaved and without
vegetation during the course of construction. Graded areas shall be periodically
watered down to minimize the transport of dust from the site, especially during
periods of high winds. The soils shall be kept moist to a depth of one inch with
water applied by a method which is acceptable to the City of Bakersfield Public
Works Department and the San Joaquin Valley Unified Air Pollution Control
District.
Once the applicant or successive owner deems that the facility is no longer to be
utilized as granted under this conditional use permit, the plant shall be completely
dismantled, foundations removed. and the site graded. This shall also include the
removal of the steam line, the power line if determined by P.G.& E. that it should
be removed. and any other manmade additions. Berms, walls, fences, landscaping,
irrigation. and utility connections may remain if approved by the Planning
Director. A plan for disposition of the facility, including reclamation of the site,
shall be submitted to the Planning Director prior to operation of the facility.
Exhibit "A"
CUP #5448
Page 6
II.
As part of the review process, plans for this project have also been reviewed by the Site
Plan Review Committee. The tbllowing conditions are to be satisfied in order for this
project to comply with city ordinances. These conditions pertain to the project based on
the plans submitted. Any errors or omission on the plans submitted couM alter these
conditions or render this approval null and voM:
"A" CONDITIONS - These conditions require specific alterations to the site plan. 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.
Show fire hydrant locations at the west side of the main entrance of the facility
and the east side of the easterly exit road, including required fire flows, on the
final site plan. (Fire)
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 residential properties and streets.
Lighting proposals must be approved before Building Department will begin plan
check. (Planning and Building)
Show one, 6' x 8' refuse bin. Location to be approved by the Sanitation
Department. (Sanitation)
The width of the main entrance/exit of the facility (westerly drive) shall be a
minimum of 24 feet in width to the parking area. All other drives may remain at
a 20-foot width but shall be limited to one-way travel. These one-way drives shall
be clearly marked on the plans and on the site. (Traffic Engineering)
"B" CONDITIONS - These conditions must be satisfied prior to the Building Department
commencing plan check for the project.
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)
In order to provide adequate fire suppression for construction materials and
activities, the applicant shall install the required fire hydrants prior to final site
plan approval. or provide alternative fire suppression as approved by the Fire
Chief. (Fire)
e
Provide three copies of the grading plans with two copies of the preliminapj soils
report to the Building Department. (Engineering Services and Building)
"C" CONDITIONS - These are informational notes that will assist in completion and
operation of the project. 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.
Exhibit "A"
CUP #5448
Page 7
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Obtain approval from the City of Bakersfield Hazardous Materials Division for
any necessary permits prior to final occupancy.
Obtain approval from the San Joaquin Valley Unified Air Pollution Control
District for any necessary permits.
Obtain approval from the Kern County Environmental Health Department for
any necessary permits prior to issuance of grading permit.
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)
Based upon available information. fire flow requirement may be 3500 gallons per
minute. (Fire)
All persons required to furnish fire hydrants are hereby required to purchase the
required fire hydrants from the City of Bakersfield.
Provide the Fire Department with one set of approved water plans prior to the
issuance of any building permit. (Fire)
Contact the Building Department for any proposed signage. A separate permit is
required for all new signage. including construction signs. (Building)
Show compliance with all handicap requirements pursuant to State Building Code.
(Building)
A final soils report shall be submitted to the Building Department prior to
issuance of a building permit. (Building)
School district fees will be assessed at the time of issuance of a building permit.
(Building)
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)
The parking required for this project has been computed as follows:
Maximum number of employees on site per shift
Minimum number of spaces for visitors
Total
= 6
= 4
10
Approved 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"
CUP #5448
Page 8
III.
21.
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. 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)
22.
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.
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.
23.
Provide one, 3 cubic yard, front loading type refuse bin on concrete pad per
standard #S-43. (Sanitation)
The following are mitigation measures that have been adopted in conjunction with the
approved Negative Declaration by the City Council. They are only identified in this
exhibit to aid in monitoring and entbrcement and are not subject to change unless the
Negative Declaration is amended.
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 (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)
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)
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 rights-of-way. (Mitigation)
Exhibit "A"
CUP #5448
Page 9
10.
11.
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 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 CDFG &
USF&WS. (Mitigation)
The use of rodenticide 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 shall 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 bv 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 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.
Exhibit "A"
CUP #5448
Page 10
13.
14.
15.
16.
17.
18.
p:cup5548.ea
Any kit foxes in residence shall be allowed to escape unimpeded. 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)
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
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)
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" (as defined by CDFG and USF&WS)
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 tbr the respective species of concern. Any subsequently
discovered populations of listed plant species shall be avoided by an exclusion
zone. Other "special status" (as defined by CDFG and USF&WS) plant species
shall be avoided to the maximum extent feasible. (Mitigation)
The final steam/waste water pipeline route will be established in conjunction with
a qualified biolo~st 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. Off-road vehicle travel and
construction activities. including hanger installation. shall remain outside of these
buffer areas. (Mitigation)
All areas temporarily disturbed outside of the plant and retention basin by facility
construction and grading of the hills and berms shall be reseeded with a mixture
of native grass and valley saltbush (Atril~lex 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. (Mitigation)
June 16i 1994
DESTEC ENERGY BEAR MOUNTAIN SITE
EXISTING EASEMENTS
29/28
////~ SO CAL EDISON
FOI ;1 ~NE EASEME]IT PER
BK 132. PG 91
JZ
S 8g'4~06' E -,/E~S'/1NG A~PHALT ROAD
__ ~, 2672.48'
585,00' 389.65'
' PLANT SITE ' LAYDOWN
s.ol ACRES ~ YARD
' 4.66 ACRES
78.45 Acres
270.00°
315.00' 389,65'
S 89' 49°~ E
I:
~ I ~ 25' WiDE
, T
/ PIPELINE EA EMEN
~\ \ /' BK ~, PG 7~
~ I/¢ COR of N 1/2 S ~ 17~ S
~ EC 12 29/~
Ac
~CCI~
" I
~L 250'~/
I~1
II
P.G. & F_ POLEUNE
/
SE COR of N 1/2
SEC 12 29/28
\
0 ~
m
SITE PLAN
II
~524
TOPOGRAPHY/SiTE
e KBIS Radio Tow]t~s
E
B L U F f ° Oil Tanks
FIELD
o~
LEGEND
'~]"lCONDITIONAL USE PERMIT
COGENERATION FACILITY
CONSTRUCTION LAYDOWN/
,- r?~_[' RETENTION BASIN
ALIGNMENTS
LEGEND
T29S R28E
~S
PROPOSED STEAM & INJECTION
WELL ALIGNMENT &
NON-HAZARDOUS WASTE WATER
LINE ALIGNMENT
--G
e- PROPOSED NATURAL GAS LINE
ALIGNMENT
22
m
_<
--w w--PROPOSED WATER LINE ALIGNMENT
__P P
PROPOSED POWER LINE
ALIGNMENT
, ~, ,~ __ ,, · CONDITIONAL USE PERMIT
BOUNDARY
FIGURE VII
'; COGENEIr ~.TION SITE/PR~ XIMIT~ TO ': 'x,
:'LR LAND USE DESIGNATIONS ~X~
>, t OS-S
,' ._ HMR'
EHE~ "Y~GCJ P
" ' ~u: Ps m-it 2 ,Nut
HMR s ,z --, · %
r-
OS-P
HAZARDOUS MATERIALS TRANSPORTATION ROUTE
J7
T. 29S. R.27 IL
SJ
OltnAtE~
CHINA GRADE
FACILITY
?
Ill
i
ZONING/LAND USE
( ILE
1/2 ~
nearest elling
SITE LOCATION
LEGEND
cho01)