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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 TO ROAD ' "'~N ~ , '-,,-, ,, ' \", " \,, ......... ~-,,,, ...... - _-- - / 11 12 SCALE IN FEET T29S, R28E R--1 19409 DESTEC ENERGY BEAR MOUNTAIN SITE EXISTING EASEMENTS 29/28 I [~t//~ SO CAL EDISON -n ~.sw ~/~ COR .1/2 ~ of "'~c 12 29/26 Itl s 89'49'06' 25' WIDE S T PIPEUNF' EA E:]vlEN 4094, PG 740 78.45 Acres /E~S"nNG ASPHALT ROAD CENTER /28h -, SEC 12 29 ,, 2672.+8' 'J:' "a., ' "7.~o~': " ~"~'~' 389.65' J 250'± L " PLANT SITE ' LAYDOWN I~ 6.o~ AcREs~ YARD A !J T""-oo' J 270.00' -- -- s 89' 49'06' E 30' PRIVATE ROAD Bakersfield Cellular X 'x,~ s no* 4?'4,5' 6 J 5' ~ P.G. & E. POtrUNE EAS~IENT PER 8K 6063, PG 1912 ; / ~ co. o, w 1/2 x~ ........ ~ _ :~ _ ~ _ _ SITE PLAN nl i ALIGNMENTS E.... t T29S R28E LEGEND ,, -- r~,~ i~i_ PROPOSED STEAM & INJECTION --G G_PROPOSED NATURAL GAS LINE == AL,..M,:.T nl , ,,. ,. _ _ · CONDITIONAL USE PERMIT _< BOUNDARY HAZARDOUS MATERIALS TRANSPORTATION ROUTE T. 28S. R.ZSI~ '~, x, OI[II)AL[ CHINA GRADE lOOP 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)