2. The applicant has not been convicted of any felony or of any misdemeanor involving theft, violence, drugs or of a trespassing nature;
3. The business for which the applicant proposes to peddle or solicit has never been found to have engaged in fraudulent business practices;
4. The applicant or the business for which the applicant proposes to peddle or solicit has posted a bond if required by Section 5.36.040 of this chapter;
5. Neither the applicant nor his operation is likely to be injurious to the public welfare; and
6. All applicable laws and ordinances are complied with.
C. lf the city council does not make all of these findings, it shall deny the appeal. The decision of the city council is final.
D. The city council may impose reasonable conditions on the issuance of a permit which is granted upon appeal, (Ord. No.639, 5 1, 9-20-Lt)
5.36.090 Solicitation, peddling or canvassing where sign displayed ¡s proh¡b¡ted.
A. No peddler, solicitor, or canvasser shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residential property, or contact or attempt to contact any occupant ofany house or dwelling, where there is posted, affixed or otherwise displayed, in letters not less than one inch in height and clearly visible from the public right-of-way or normal entryway to such house or dwelling, a sign prohibiting such soliciting, peddling or canvassing.
B. No peddler or solicitor shall attempt to peddle or solicit on any private commercial property, including those normally open to the general public, where there is posted at all entrances thereto, in letters not less than one inch in height, and clearly visible to persons entering, a sign or placard prohibiting such soliciting or peddling.
(Ord. No. 639, 5 1, 9-20-!tl
5.36.095 Registry for addresses where peddling and solicitation are proh¡b¡ted.
A registry for residents and property owners prohibiting peddling and soliciting at their address or addresses shall be maintained by the city of Shafter and provided to applicants upon issuance of permit. (Ord. No. 639, 5 1, 9-20-tL)
5.36.100 Sound-amplified advert¡sement prohibited.
It is unlawful for any solicitor, peddler or mobile vendor, or any person on his or her behalf, to shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of this city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such licensee proposes to sell during the hours of six p.m. on any day and nine a.m. of the following day, and also between nine a.m. and one p.m. on Sundays. A violation of this section is a misdemeanor and shall be subject to penalty as set forth in Chapter 1.08 of this code. lce cream vendors are exempt from this section pursuant to Section 5.56.L20(4X10) of this code. (Supp. No. 20)
(Ord. No. 639, 5 1, 9-20-11)
5.36.110 Solicitation time limitation.
No person shall engage in any act of peddling, soliciting, or canvassing between the hours of six p.m. and nine a.m. local time, except by appointment.
(Ord. No.639, S 1, 9-2O-Lt)
5.36.120 Books and records.
Every person who engages in soliciting or peddling shall maintain a system of accounting whereby all monies collected by such person are entered upon the books or records ofsuch person. (Ord. No.639, 51, 9-2O-tL)
5.36.130 Vending within en€+h€usend+eet within two hundred and fiftv feet of a school or park-Permission requ¡red.
No person shall sell, offer for sale, give away, solicit the sale of, or expose for sale upon any street sidewalk or parkway any goods, wares or merchandise, fruits vegetables, peanuts, popcorn, candy ice cream or other edible merchandise within two hundred and fiftv feet of a school or park without first obtaining permission from the city manager.
(Ord. No. 639, 51, 9-20-1,L')
5.36.140 Exemptions.
A. The provisions of Section 5.36.020 shall not apply to the act of carrying, conveying, delivering or transporting milk, dairy products, newspapers or other goods, to regular customers on established routes, solicitation at wholesale or business premises within the city, or to charitable or religious solicitations that are conducted solely by members of said charity or religion, at regular assemblies, meetings, services.
B. Nothing in this chapter shall prohibit persons from distributing handbills door-to-door within the city without a permit, subject to the regulations set forth in this chapter. However, any act of handbilling shall comply with any regulation the city may from time to time adopt relating to the distribution of handbills.
C. Nothing in this chapter shall prohibit persons from canvassing door-to-door within the city without a permit, subject to the regulations set forth in this chapter. Additionally, solicitation of donations made incidental to such canvassing is excluded from the permit requirements of this chapter. (Ord. No.639, 5 1, 9-20-Lt)
5.36.150 Violations and penalt¡es.
Engaging in or practicing any activity described in Section 5.36.010(A) or 5.36.010(B) without first having procured a permit to do so, or engaging in or practicing any activity described in Section 5.36.010(A), 5.36.010(B) or 5.36.010(C) without complying with any and all regulations of such activity contained in this chapter, constitutes a nuisance and a separate violation ofthis chapter for each and every act that is engaged in or carried on in violation of this chapter. ln addition, any person who violates the provisions of this chapter shall be deemed guilty (Supp. No. 20)
of an infraction for the first violation and a misdemeanor for each subsequent violation thereafter, and shall be subject to penalty as set forth in Chapter 1.08 of this code. (Ord. No.639, S 1, 9-20-tL)
5.36.160 Enforcement.
It shall be the duty of the pel¡eegepa+tmen+ planninÊ department and/or chief law enforcement officer to investigate any complaints of violations of this chapter and to enforce the provisions of this chapter. (Ord. No.639, S 1, 9-2O-t!)
Chapter 5.50 SIDEWALK VENDING2
Sections
5.50.010 Purpose.
The city finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this chapter is to implement regulations on @sidewalkvendingthatprotectthepublichealth,safety,andwelfareofthecommunity while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
(Ord. No. 7\0, I3,2-5-2OL9)
5.50.020 Definitions.
For purposes of this chapter, the following definitions apply:
A. "Certified Famers' Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
B. "City" means the City of Shafter.
C. "Chief law enforcement officer" means the chief of police of the city, or his or her designee.
D. "Park" means a public park owned by the city.
Ë "Reaming sidewalk vender er vending" means a sidewalk vender whe meves frem plaee te plaee and @i€n;
2Editor's note(s)-sec.3Editor's note(s)- of ord. No.710, adopted Feb.5,2019, amended ch.5.50Editor's note(s)- in its entirety to read as herein set out. Former Ch. 5.50Editor's note(s)- pertained to business use of sidewalks, consisted of SS 5.50.010Editor's note(s)--5.50.030, and derived from Ord. 464, L996. (Supp. No. 20)
PageT of24
E E. "Sidewalk vendor or vending" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(Ord. No. 7t0,5 3,2-5-20!91
5.50.030 Permits Required.
A.Allsidewalkvendorsshallobtainasidewalkvendingpermitfromtheei@iee+ plannins department prior to engaging in any sidewalk vending activities, except if thev fall into the exceptions activities described under 5.50.040(F). The planning department shall coordinate with the chief law enforcement officer to complete application processinÊ. The following information shall be required. l. Name, current mailing address, and phone number of the vendor; and
2. lf the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and
3. A description ofthe merchandise/goods to be offered for sale or exchange, and the days/hours of sales; and
4. A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administrat¡on to the vendor; and
5. A copy of the valid California Driver's license issued to the vendor; or A copy of the individual taxpayer identification number issued to the vendor; or A municipal identification number.
a. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
6. lf preparing or selling food, a copy of the county health department permit issued to the vendor. Kern County requires mobile food cart vehicles to be inspected and permitted by the Kern County Environmental Health Division; and
7. lf the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches of accessible route area, in compliance with the Americans with Disabilities Act; and
8. lf the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant to Chapter t2.t2 of the Shafter Municipal Code or other generally applicable authority that requires encroachment permits; and
9. A copy of general liability insurance policy naming the c¡ty as additional insured in the amount of one million dollars single occurrence and two million dollars aggregate limit.
10. A certification by the vendor that to his or her knowledge and beliel the information contained in the application is true.
(Supp. No. 20)
11. A signed consent agreement for the chief law enforcement officer, through a LiveScan fingerprint process. that allows the chief law enforcement officer to obtain a state summarv criminal historv information as provided in Section 11105 of the Penal Code.
B. At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the city council. (Ord. No.710, 5 3, 2-5-20L9)
5.50.040 Review of Permit Application; Decision.
A. Upon acceptance of a properly completed and filed sidewalk vendor permit application, the city's planning department and chief law enforcement officer shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than thirty days of acceptancetoapproveordenytheapplication.The@:€1r.d€5ign€eplanning department shall provide the applicant with written notice of his or her decision to the address indicated in the application.
B. The eity's ehief law enfereement effieer planning department may deny an application for a permit if he or she makes any of the following findings:
t. The applicant has failed to pay the application permit fee.
2. The applicant has made one or more material misstatements in the application for a permit.
3. The applicant does not have a valid social security card or valid California Driver's license; or valid individual taxpayer identification number; or a municipal identification number.
4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.
5. lt is determined that the applicant does not possess all federal, state, and local peimits and licenses necessarv to enqage in the activitv in which he or she seeks to engage.
C. The citv's chief law enforcement officer mav denv an application for a permit if he or she makes anv of the following findings discovered through the LiveScan finserorint results:
S 1. The applicant is required to register under the provisions of California Penal Code Section 290. â2. Withinthree(3) yearsofthedateoftheapplication,theapplicanthasbeenconvictedinacourtof competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed w¡thin three years of the date of the application. 7' lt is determined that the applieant dees net pessess all federal; state¡ and leeal permits and lieenses neeessary te engage in the aetivity in whieh he er she seeks te engage, gD. lftheapplicationisdenied,thereasonsfordisapproval shall benotedontheapplication,andtheapplicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
Ð E. lf the city's planning department and chief law enforcement officer approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
Ë F. Exemptions. A sidewalk vending permit shall not be required for the following activities:
(Supp. No. 20)
Page9 of 24
t. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the general public.
3. Events permitted pursuant to a lawfully issued temporary event permit including, but not limited to, a Certified Farmers' Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
Ê G. Term of Permit. A sidewalk vending permit issued pursuant to th¡s chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.
G H. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
(Ord. No. 71O,5 3,2-5-2019)
5.50.050 Stat¡ene++ Sidewalk Vending Locations and Standards.
A. S+a+iena+y+ieewa* Sidewalk vendors shall be prohibited from operating or establishing in any residential areas of the city including parks within residential areas.
B. Sta+¡ena+V+iAewa* Sidewalk vendors may operate in non-residential zones of the city, provided they meet the following:
t. The sidewalk vendor is duly licensed and meets all requirements of section 5.50.030; and
2. The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and
3. Sidewalk vending hours shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. of every day; and
4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and
5. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows; and
6. No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and
7. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and
8. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and
9. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and
10. No vending shall occur within the immediate vicinity of a certified farmers' market, a swap meet or an event held pursuant to a temporary event permit, ; and
11. Each pushcart shall have a current, valid countv of Kern health inspection sticker affixed in a conspicuous location on the pushcart.(Ord. No. 710, 5 3, 2-5-2019)
(Supp. No. 20)
er merehandise er in an area eeeupied by a eertified farmer's market, B' Subjeet te Seetien 5,50'059(A)¡ sidewall< venders may eperate in eity parks previded they meet the fellewing:
ing{p€€esr€r
¡r+it¿¡ng-\Mind€wsia#
p€rrÊiti€nC
iÊ
sue¡+a+*s;en¿
and enjeyment ef natsral
@
ing
lng
S¿g+=m;+q¿
@
afid
ins
wind€wsæHC
6, The sidewalk vender dees net eenduet+ales frem a publie street; and 7' Ne vending shall eeeur within the immediatevieinity ef a eertified farmers' market, er a swap meet, @
(Supp, No. 20)
s'S0'Oge 5.50.060 Suspension; Rescission.
A. Asidewalkvendor permit issued underthis chapter may besuspended or rescinded bythe city's plannine department and/or chief law enforcement officer after four or more violations of this chapter in accordance with Section 5.50.100 of this chapter, at their discretion, for any of the following causes:
t. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.
B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.
C. No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two years from the date revocation becomes final. (Ord. No.710, S 3, 2-5-2019\
Sffi 5.50.070 Appeals to City Manager.
ln the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the city's planning department and/or chief law enforcement officer made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the city manager within fifteen days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the c¡ty clerk a written appeal statement setting forth the grounds for the appeal, along with the city's appeal fee, which shall be established by city council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit The city's planning department and/or chief law enforcement officer shall transmit the written statement to the city manager within ten days of its filing and payment of the appeal fee, and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the city manager. The city manager may continue the hearing as deemed necessary. The decision of the city manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.
(Ord. No.710,5 3, 2-5-20t9)
5'50Æ 5.50.080 Penalties.
It is unlawful for any person to violate any provision or failto comply with any requirements of this chapter.
A violation of this chapter shall be punished by:
1. An administrative fine not exceeding one hundred dollars for a first violation.
2. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.
A.
(Supp. No. 20)
Page t2 of 24
B.
3. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.
A violation of vending without a sidewalk vending permit may, in lieu of the penalties set forth in subsection (A) set forth above, be punished by:
1. An administrative fine not exceeding two hundred fifty dollars for a first violation.
2. An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.
3. An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.
C. lf an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the city.
E. Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed.
F. Anyviolation of this chaptershall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
L. lf the person meets the criteria described in Government Code Section 68632(a) or (b), the city shall accept, in full satisfaction, twenty percent of the administrative fine imposed pursuant to this chapter.
2. The city may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
(Ord. No.710, S 3, 2-5-20t91
Chapter 5.56 FOOD VENDING VEHICLES
Sections:
(Supp. No, 20)
5.56.010 Purpose and intent.
The city council expressly finds that vehicles in which goods or merchandise are carried for purposes of retail sale on the public and private streets, and vehicles from which hot and/or cold food prepared in the vehicle and/or prepackaged are sold or offered for sale, pose traffic hazards and special dangers to the public health, safety and welfare of children and residents in the city. lt is the purpose and intent of the city council, in enacting this chapter, to provide responsible companies and persons who engage in the operation of food vending from vehicles with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.
(Ord. 594 S 1 (part), 2007)
5.56.020 Regulations for sales from vehicles.
It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city except in accordance with all applicable requirements of this code and in compliance with all of the provisions of this chapter. (Ord. 594 S 1 (part), 2007)
5.56.030 Definitions.
The following words and terms as used in this section shall be used to define "food vending vehicles" (and related activities) and shall have the following meanings:
"Chief law enforcement officer" means the chief of police of the city, or his or her designee. "Director of administrative services" means the administrative services director of the city, or his or her designee.
"Goods or merchandise" means and includes items and products of every kind and description, including all food, produce and beverage items.
"lce cream truck" means a motor vehicle engaged in the vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under sixteen years of age. For the purposes of this section and due to safety concerns, no trailer or platform attached to any sort of vehicle via hitch, chains or other similar method may be used as an ice cream or shaved ice vending truck. "Land use permit" shall include temporary land use permits, special event permits, and/or conditional use permits as provided for in Title 17 (Zoning Ordinance) of the municipal code. "Mobile vending vehicle" shall include, but not be limited to, any motor vehicle, truck, car, trailer, cart, wagon, conveyance, or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle, wheelchair, motorcycle, bicycle, or other mobile device or carried upon or in a motor vehicle or trailer. "Operator" means any person or entity owning, operat¡ng or otherwise controlling any business involving the vending of goods or merchandise from a vehicle.
"Person" means any natural person, firm, partnership, association, corporation or other entity of any kind or nature.
(Supp. No. 20)
"Public property" means any real property, or interest therein, owned, leased, operated or otherwise controlled by the city other than a street, alley, parkway or sidewalk. "Vehicle" as defined in the Veh¡cle Code of the state of California, and shall not include any human-powered device.
"Vend" or "vending" means the sale or offering for sale of any goods or merchandise to the public from a food vending vehicle as defined herein.
"Vendor" means any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom. (Ord. 611 5 t,2OO7; Ord. 594 S 1 (part), 2007)
(Ord. No. 710, S 2,2-5-20L8)
5.56.040 Permits requ¡red.
A. No person shall own, control, manage, lease, drive, operate, vend and/or prepare food from or on any vehicle defined as a food vending vehicle or contract with other persons for the operation of a food vending vehicle in the city without a valid business license/vendor's permit/operators permit issued pursuant to the provisions of this chapter in addition to any other license or permit required under any other chapter of this code for each and every food vending vehicle.
(Ord. 594I 1 (part), 2007)
5.56.050 Permit term and renewal.
The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one year. Upon the expiration of such term, the permittee may renew the permit for additional one year terms by submitting new applications in conformance with this chapter, together with such permit renewal fees as may be established by resolution of the city council.
(Ord. 594 S 1 (part), 2007)
5.56.060 Application for vendot andlor operator perm¡ts-Contents-Requ¡red fees.
A. Any person desiring to obtain a vendor and/or an operator's permit shall make application to the ehief law e{#e+€€ïq€t*€'ff¡€€\r citv's plannine department. The planning department shall coordinate with the chief law enforcement officer to complete application processing. Applications for either a vendor or an operator's permitshallbesubmittedintheformprescribedbythefficitv.Priorto submitting such applications, a nonrefundable fee, as established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt,acopythereof,shallbesuppliedtotheffiplanningdepartmentatthe time such application is filed. Permit issuance fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code. No permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). lf an applicant for a vendor permit also requires an operator's permit, then it is not necessary for said applicant to pay a separate fee for the operator's permit application. (5upp. No. 20)
B. Neither the filing of any application for a permit, nor the payment of an application fee, shall authorize the vending from or the operation or management of a food vending vehicle until such permit has been granted or renewed by the city of Shafter.
(Ord. 594 5 L (part), 2007)
5.56.070 Investigation of applicat¡ons.
The plannine department and chief law enforcement officer shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor's permit or an operator's permit includingbutnotlimitedtothefingerprintingofanyapplicant'Theffii€€ìEplanning department shall, within thirty days after the date of the filing of the application, render a written recommendation to the director of administrative services, as to approval or denial of the application for the permit or renewal thereof.
(Ord. 59a S 1 (part), 2007)
5.56.080 lssuance of permit.
The director of administrative services, or his/her designated representative, within ten days after receiving theapplicationandaforementionedrecommendationfromtheMplanning department, shall grant the vendor's permit or operator's permit only if he/she finds that all of the following requirements have been met:
A. The required fees have been paid;
B. The application conforms in all respects to the provisions of this chapter; C. The applicant has not knowingly made a material misrepresentation of fact in the application; D. The applicant has fully cooperated in the investigation of the applicant; and E. A signed consent asreement for the chief law enforcement officer, through a LiveScan fingerprint process, that allow the chief law enforcement officer to obtain a state summarv criminal historv information as provided in Section 11105 of the Penal Code; and E= F. The applicant, if an individual, or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business ofvending from a food vending vehicle, or a natural person employed or contracted with to be a driver, has not been convicted or pleaded "no contest" or "guilty" within five years prior to his/her application for a permit to a misdemeanor or felony crime or moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking; or, in the case of applications for an operator's permit, alcohol or drug related traffic offenses. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. (Ord. 594 S 1 (part), 2007)
(Supp. No, 20)
Page t6 of 24
5.56.090 Denial of permit.
A. lf the planning department finds
that any of the requirements set forth in Section 5.56.080 have not been met, he/she shall deny the application for a vendor or operator's permit. ln the event the application for either permit is denied by the director of administrative services, or his/her designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served if it is in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his/her residence as set forth in the application for either permit.
B. Any applicant whose application for a vendor or operator's permit has been denied by the dì+eete+-ef planning department may appeal such denial
to the city council.
(Ord. 594 5 1 (part), 2007)
5.56.100 Revocation of permit.
A.Anyvendororoperator'spermitmaybesuspendedorrevokedbythe @ivq plannins department for any of the following reasons:
L. Falsehood of any information supplied by the permittee upon which issuance of the permit was based;
2. Failure of the permittee to notify the chief law enforcement officer within two weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based;
3. Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Sections 5.56.110 through 5.56.210 of this chapter; and/or
4. Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from a food vending vehicle pursuant to the permit.
B. No such suspension or revocation shall become effective until the permit holder has been notified in wr¡ting of the right of such permit holder to appeal the suspension or revocation. Notificat¡on to the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. lf a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the city council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.
C. Permit holder has five working days from the date of receipt of the suspension or revocation notice to file his/her appeal.
D. No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(Ord. 594 S 1 (part), 2007)
(Supp. No. 20)
5.56.110 Food vending vehicle regulations.
A. Each food vending vehicle shall have a current, valid county of Kern health inspection sticker affixed to the lower right side of the windshield in addition to the permit sticker issued by the city or in a conspicuous location on a pushcart.
in
the eperatien ef and/er the aetual vending frem a feed vending vehiele; and shall preduee the same fer inspeet¡en upen requ
enfereement effieer any eperater's permit issued by the eity upen the suspensien, reveeatien er expiratien ef sueh permit er upen leaving empleyment as an eperater, B. Each operator shall retain the food vendins vehicle permit issued bv the citv. The operator shall carrv the permit at all times while eneaged in the operation of and/or the actual vending from a food vending vehicle and shall produce the same for inspection upon request. Each permit holder shall immediatelv surrender to the chief law enforcement officer anv permit issued bv the citv upon the suspension, revocation or expiration of such permit or upon leaving emplovment as an operator.
C. ln addition to the operator's permit required in subsection A of this sect¡on, each person who drives a food vending vehicle shall have on his/her person a current, valid California driver's license, which he/she shall make available for inspection by law enforcement officials upon request.
D. Each food vending vehicle shall adhere to all Department of Motor Vehicle regulations and any relevant CAL OSHA requirements. Each food vending vehicle shall carry and maintain a fire extinguisher, first aid kit and an operating cell phone or other two-way communication for use in event of an emergency.
E. Each operator shall adhere to the requirements of California Vehicle Code regardins the operation and maintenance of a food vending vehicle.
(Ord. 594 S 1 (part), 2007)
5.56.120 Prohibited conduct.
No person shall vend from a food vending vehicle which is stopped, parked or standing on any public street, alley or highway:
t. Within ene theusand two hundred and fiftv feet of any school property, park, playground or recreational facility, except when granted a temporary land use permit or special events permit by the city;
2. Within fivg one hundred feet of any other food vending vehicle which is engaged in the operation of food vending;
3. Within two hundred feet of any intersection;
4. When the posted speed limit on the public street, alley or highway is greater than twenty-five miles per hour;
5. When the food vending vehicle is parked in violation of any other provision of this code or the California Vehicle Code;
6. When any part of the food vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway; A.
(Supp. No. 20)
7. When the food vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway;
8. When the prospective customer is standing or sitting in another vehicle;
9. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic;
10. Between one-half hour before sundown and seven a.m., except when granted a temporary land use permit or special event permit by the city;
L'J,. Within ene theusand five hundred feet from any enclosed commercial restaurant unless the restaurant owner has orovided written oermission and thp for the oroximitv of the food vendine vehicle to thp reçtarrrant ic for a nêrmittpd cnerial errpnt.
t2. At any permitted location for a period of time exceeding ten minutes and regardless of the length of time that vending occurred at any permitted location, shall not vend again for a period of twenty-four hours within one thousand feet of such location, except when granted a temporary land use permit or special event permit by the city;
is
ef sueh a leeatien when anether feed vending vehicle ewned by the safie persen er entity has already temperary land useBermit er speeial event permit by the eityi * t3. No vending activities, except for permitted farmers market, shall be permitted within the area bounded by and/or immediately adjacent to Lerdo Highway, Central Valley Highway, Tulare Avenue and Shafter Avenue.
B. No person shall back up a food vending vehicle to make or attempt to make a sale.
C. No food vending vehicle shall be operated in any one location for longer than ten minutes, except as provided in Section 5.56.140(B), and shall be moved a minimum of five hundred feet before vending again, except when granted a temporary land use permit or special event perm¡t by the city.
D. No minor under the age of sixteen shall ride in or on a food vending vehicle while such food vending vehicle is engaged, or about to be engaged, in the operation ofvending.
E, Ne additienal lighting ether than that required by the €alifernia Vehiele Cede may be installed er eperated @
Ë E. All food vending vehicles shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the food vending vehicle shall pick up all refuse generated by such operation within a fifty-foot radius of the vehicle before such vehicle is moved.
G F. No person vending from a food vending vehicle shall sell, trade, barter or otherwise deal any type or sort of toys, fireworks of any kind, or any sort of alcoholic beverage.
H= G. No person vending from a food vending vehicle shall set up or cause to be set up any table, chairs or any other seating for use by customers of the food vending vehicle. .l= H. Pushcart ice cream vendors (i.e., Las Rosas) may sell ice cream on the public sidewalk, outside of the downtown area as defined in subsection (4X14) of th¡s sect¡on. Such pushcart vendors shall not at any time impede vehicular traffic on public roadways.
(Supp. No. 20)
+!. For the purposes of this section and due to safety concerns, no trailer or platform attached to any sort of vehicle via hitch, chains or other similar method may be used as an ice cream or shaved ice vending truck. (Ord. 61L 5 2,2007; Ord. 594 5 1 (part), 2007)
5.56.130 Vending of produce.
All produce regulated by the California Department of Food and Agriculture shall be handled, transported, displayed or disposed of in accordance with all California Department of Food and Agriculture regulations as they now exist or as amended from time to time, including, but not limited to, the following:
A. All produce or commodities under quarantine by the California Department of Food and Agriculture will be protected or safeguarded in an approved manner by being bagged, covered or screened to prevent infestation; any open display is prohibited;
B. All produce, commodities or their husks, cores, rinds or pits shall be sealed in plastic bags before disposing of same;
C. Every food vending vehicle shall have a receipt, invoice, or bill of lading or other acceptable proof of origin of all produce or commodities under quarantine;
D. All produce or commodities under quarantine that are sold, offered for sale or transported within the quarantine area must be of commercial origin;
E. Any violation of this section may result in the seizure of the produce or commodities in violation; all seized items will be destroyed;
F. The intent of this section is to address produce sales on food vending vehicles, not to permit vehicles that sell produce exclusively from vehicles.
(Ord. 594 5 1 (part), 2007)
5.56.140 Operations on pr¡vate property.
All food vending vehicles are prohibited from operating on private property except:
A. lf a land use permit has been obtained from the planning department; or B. To provide meals for employees located at an existing business on private property for a period of thirty minutes or less within a twelve-hour period. Additional time for a specified location may be permitted by the director of administrative services pursuant to Sect¡on 5.56.080. No person vending from a food vending vehicle shall set up or cause to be set up any table, chairs or any other seating for use by customers of the food vending vehicle.
(Ord. 594 S 1 (part), 2007)
(Ord. No.668, S 1, 4-2t-20L5)
5.56.150 lnsurance prov¡s¡ons.
A. lt is unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vendingvehicle in the city of vending purposes unless such person has submitted with his/her application for permit a motor vehicle liability insurance policy, covering each food vending vehicle, issued by (Supp, No. 20)
Page20 of 24
B.
a solvent corporation holding a certificate of authority to do insurance business in the state of California, which policy shall conform in all respects to the requirements of this chapter.
The required motor vehicle liability policy shall insure the owner, driver and any other person using or responsible for the use of any food vending vehicle with the consent, expressed or implied, of such owner, driver or person, aga¡nst loss from the liab¡lity imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property due to the maintenance, operation or ownership of any food vending vehicle, in an amount of one million dollars, combined single limit, no aggregate.
Every insurance policy and every certificate of motor vehicle liability insurance filed with the city pursuant to the provisions of this chapter shall contain the following endorsements:
t. lt is understood and agreed that, notwithstanding expressions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of this chapter. This policy shall insure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution ofthe feasor or the insured.
2. There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon.
c.
3. No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty days after written notice of such cancellation or reduction in coverage shall have been given to the ehief law enfereement effieer fer the eity ef Shafter planning department. Said period of thirty days to commence running from the date said notice is actually received in the effiee ef the ehief law enfereement effieer at the plannine department. (Ord. 594 S 1 (part), 2007)
5.56.160 Food vendins vehicle equ¡pment.
i€e
g A. Unless etherwise waived by the Shafter peliee departmentr and in ln addition to other equipment required by law, each food vending vehicle shall be equipped with the following:
1. A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood;
2. A back-up alarm audible for a distance of at least one hundred feet. (Ord. 611 5 3,2007; Ord. 594 S 1 (part), 2007)
5.56.170 Sanitation standards.
Each food vending vehicle, including the interior of cabinet units or compartments, shall be equipped so as to have smooth, easily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are not permitted.
Construction joints shall be tightly fitted and sealed so as to be readily cleanable. Equipment, including utensils, shall be constructed of nontoxic materials and shall be readily cleanable.
During the vending operation, no food shall be stored, displayed or served from any place other than the food vending vehicle.
A.
B
(Supp. No. 20)
C. Food condiments shall be protected from contamination and, where available for self-service, shall be prepackaged or available only from approved dispensing devices.
D. During transportation and storage, food and food contact surfaces shall be protected from contamination.
E. All food vending vehicles shall operate out of a commissary or other facility approved by the county of Kern health department. Food vending vehicles shall report to the commissary at least once each operating day for cleaning and servicing operations. ln addition, food vending vehicles whereon nonpackages hot dogs are handled shall be properly stored at a commissary or other facility approved by the county of Kern health department so as to be protected from unclean or unsanitary conditions.
F. Food products remaining after each day's operation shall be stored only in a food facility approved bythe county of Kern health department.
G. Utensils and equipment shall be handled and stored so as to be protected from contaminat¡on. Single-service utensils shall be contained only in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used once only.
H. All wastewater shall be drained to a water receptor approved by the county of Kern health department. l. Readily perishable foods shall be maintained at or below seven degrees Celsius (forty-five degrees Fahrenheit) or at or above sixty degrees Celsius (one hundred forty degrees Fahrenheit) at all times.
J. Vending from a food vending vehicle pursuant to a land use certificate shall be conducted within sixty meters (two hundred feet) of approved and readily available toilet and hand washing facilities or as otherwise approved by the county of Kern health department to ensure proper sanitary facilities are available to the mobile food vendors, operators, and their customers.
(Ord. 594 S 1 (part), 2002)
5.56.180 Required signs and lettering.
A. There shall be displayed in a conspicuous place on both the right and left side of the food vending vehicle lettering permanently affixed showing the name of the company or operator of the food vending vehicle and the business address and telephone number thereof. The lettering for the name of the company or the operator of the food vending vehicle shall not be less than four inches in height, shall be in contrast to the color of the background upon which they are placed, and shall have strokes at least three-eights of an inch wide. The lettering for the business address and telephone number shall not be less than one inch high.
B. No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the food vending vehicle so as to interfere with the visibility of the lettering required in subsection A of this section.
C. Any ice cream truck shall be equipped at all times, while engaged in vending, with signs mounted on both the front and the rear and clearly legible from a distance of one hundred feet under daylight conditions, incorporating the words "WARNING" and "CHILDREN CROSSING." Each sign shall be at least twelve inches high by thirty-six inches wide, with letters of a dark color and at least four inches in height, a one inch wide solid border, and a sharply contrast¡ng background.
(Ord. 594 5 1 (part), 2007)
5.56.190 Noise level.
Horns shall be permitted to be used only when reasonably necessary to insure the safe operation of the food vending vehicle while being operated on any public or private street, alley or highway or on public property.
A.
(Supp. No. 20)
B. No person on a food vending vehicle shall operate any horns, sound amplification systems or other sound producing devices when such vehicle is moving, stopped, standing, or parked for purposes of advertisement on any public or private street, alley or highway or on public property. (Ord. 594 S 1 (part), 2007)
5.56.200 Applicability of regulat¡ons to existing business.
The provisions of this chaptershall be applicableto all persons and businesses described herein whetherthe herein described activities were established before or after the effective date of the ordinance enacting this chapter into law. All such persons and businesses shall have thirty days from said effective date to file a completed applicationforavendororoperator'spermitwiththeffi€\Ëplanningdepartment' (Ord. 594 5 1 (part), 2007)
5.56.210 Conducting business as a nuisance.
Any food vending vehicle operated contrary to the provisions of this chapter is unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions proceeding or proceedings, for the abatement, removal or enjoyment thereof, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a food vending vehicle contrary to the provisions of this chapter.
(Ord. 59a $ 1 (part), 2007)
5.56.220 Reserved.
Editor's note(s)-Sec. 2Editor's note(s)- of Ord. No. 710, adopted Feb. 5, 2019, repealed 5 5.56.220Editor's note(s)-, which pertained to the prohibition of sales from human-powered devices, and derived from Ord 594,2007.
5.56.230 Exemptions.
The requirements of this chapter shall not apply to:
A. Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise are being delivered from such location to the customer by vehicle, regardless ofthe point of sale thereof;
B. Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the city to engage in such activity by a permit, lease, real property license, agreement or other entitlements issued by the city for such purpose. (Ord. 594 $ 1 (part), 2007)
5.56.240 Limited number of ice cream trucks.
Notwithstanding any other provision of this chapter, the number of permits to vend from ice cream trucks (not including ice cream pushcarts) shall be limited to one permit per four thousand in population of the city as (Supp. No. 20)
prov¡ded by the State Department of Finance. Fractional remainders shall always be rounded down to the next whole number.
(Ord. 594 S 1 (part), 2007)
5.56.250 Penalty for violation.
Every violation of the provisions of this chapter shall be deemed to be a misdemeanor and, upon violation thereof, shall be punishable as provided for in Chapter 1.08 of this code. Each dayanyviolation of any provision of this chapter shall continue shall constitute a separate offense. (Ord. 594 S 1 (part), 2007)
5.56.260 "Grandfather" clause.
Any vendor legally operating within the city limits as of the date of adoption of the ordinance codified in this chapter shall be "grandfathered" in and may continue to operate within the city subject to all requirements contained herein until June 30, 2007. Subsequently, on July L,2007, all food vending vehicles as defined herein shall be subject to limitations as provided in Section 5.56.240 of this chapter. (Ord. 594 $ 1 (part), 2007)
(Supp. No. 20)
Page24 of 24
A
11 "' .Il City of Shafter
S}IAFTER COUNCIL AGENDA REPORT
Meeting Date:
FROM:
March 15,2022
Gabriel A. Gonzalez,City Manager
Prepared By: Suzanne Forrest, Senior Planner
SUBJECT: DEVELOPMENT AGREEMENT NO. 2I-20 FOR TENTATIVE TRACT NO.6490
RECOMMENDATION
Council conduct a public hearing; introduce for first reading by title only and waive reading, Ordinance No. 734, an Ordinance of the City Council of the City of Shafter, Califomia adopting the Addendum to the Mitigated Negative Declaration adopted for Tentative Tract No. 6490, and adopting Development Agreement No. 2l-20 for Tentative Tract No. 6490, as set forth in Exhibit '01". The project site is located on the east side of S. Mannel Avenue, between E. Ash Avenue and E. Los Angeles Avenue (Exhibit A).
BACKGROUND
Development Agreement No. 2l-20 is being proposed for the completion of Tentative Tract No. 6490located on the west side of S. Mannel Avenue, between E. Ash Avenue and E. Los Angeles Avenue, as illustrated in Exhibit 1. The City Council of the City of Shafter adopted a Mitigated Negative Declaration and approved Tentative Tract No. 6490 (Exhibit 2), with conditions of approval on May 3,2005 under Resolution No. 05-1727. The Mitigated Negative Declaration analyzedthe development of the project site for 97 single-family residences. Mitigation measures addressing noise and traffrc were adopted to reduce potential significant environmental effects of the project to a level less than significant. Tentative Tract6490 was approved for 99 single-family residential lots ranging in size from7,544 to 16,174 square feet with an overall average lot size of 9,674 square feet. Due to the discovery of a 2O-foot-wide U.S. Bureau of Reclamation easement located along the east side of the property, it has been necessary for the developer to make some minor modifications to the map. The external boundary of the map has been modified to remove the easement from the map boundaries and some of the internal streets have been reconfigured to accommodate the new boundary which also allowed the creation of eight additional lots. The Planning Director determined that the revised map having I07 single-family residential lots ranging in size from 7,I94 to 18,562 square feet with an overall average lot size of 8,670 square feet is in substantial conformance with the originally approved map.
PUBLIC HEARING L
Development Agreement No. 2l-20 for Tentative Tract No. 6490 The R-l (Low Density Residential) project site is currently undeveloped. The R-l zoning district requires interior lots to be a minimum of 6,480 square feet in size and for corner lots to be a minimum of 6,835 square feet and the map complies with the requirements. The property immediately west of the project site is zoned R-2 (Medium Density Residential) on the north half and R-l on the south half. The properties located north and east of the site are zoned GC (General Commercial). The property located south of the site is zoned A (Agriculture) and R-l. The State Legislature adopted Section 65864 et seq. of the Government Code to enable cities to enter into development agreements with applicants for development projects.
PROJECT ANALYSIS
The objective of this Development Agreement (Exhibit I of Ordinance No. 734) is to provide assurances that, upon approval, the application may proceed with the project in accordance with existing policies, rules, and regulations and subject to conditions of approval, thereby vesting certain development rights to the property. This Agreement also ensures that all conditions of approval will proceed in an orderly and economical fashion to the benefit of the City. The Development Agreement establishes a traffic impact fee not to exceed $10,000.00 (Section 7.2.I) and a park impact fee not to exceed $5,000.00 (Section 7.2.2). The Agreement also establishes a minimum dwelling unit size of 1,600 square feet with an average dwelling size of all plans being offered of not less than 1,800 square feet of living space (Section 7.10) and requires the installation of fiber optic network equipment for each dwelling unit (Section 7 .ll). Section 8.1 requires the formation of a Community Facilities District (CFD) for landscape and lighting maintenance and Section 8.2 requires the developer to assist the City in the formation of a CFD for police and fire protection purposes. Both CFD requirements must be completed prior to recordation of the first phase of the map.
CEQA
An Addendum to the adopted Mitigated Negative Declaration for Tentative Tract No. 6490 (Exhibit 2)l'øs been prepared for Development Agreement No. 2l-20. The City Council originally adopted a Mitigated Negative Declaration and approved Tentative Tract No. 6490, with conditions of approval on May 3,2005, under Resolution No. 05-1727. Mitigation addressing noise and traffic were adopted to reduce potential significant environmental effects of the project to a less than significant level. The purpose of the development agreement is to provide for minimum dwelling unit size; and payment of park fees, traffic fees, and other fees and requirements established by the City of Shafter. According to Section 15164(b) of the State California Environmental Quality Act (CEQA) Guidelines, the City of Shafter may prepare an addendum to a previously adopted Mitigated Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent Mitigated Negative Declaration have occurred. Because the current proposal does not significantly increase development intensities beyond the levels considered in the adopted Mitigated Negative Declaration, no new or additional impacts are present and the addendum is warranted for the development.
FISCAL IMPACT
There are no fiscal impacts from the proposed action. Development Agreement No. 2l-20 ensures payment of City fees for development of the subject property.
Development Agreement No. 21-20 for Tentative Tract No. 6490
ALTERNATIVES
There are no alternatives to the recommended action. The development agreement is a requirement of the 2005 tentative map approval.
ATTACHMENTS EXHIBITS
Site Location Map
Tentative Tract No. 6490
Ordinance No. 734
Development Agreement No. 2l-20
Addendum
A
B
C
I
2 211112022,3:39:54 PM
DEVELOPMENT AGREEMENT NO . 21.20 FOR TRACT 6490
1:4,514 0 0.03 0.06
Road Centerlines
-
Highway
n Shafter City Limits Collector Local
O.12mi
0 0.05 0.1 0.2 km
Esri Community l\ilaps Contributors, C¡ty of Shafter, California State Parks, O OpenstreetMap, M¡crosoft, Esri, HERE, Garm¡n, Safecraph, City of Shafter
EXHIBIT A
EHEF 1 AF 1
SAN'OAQUIN E{GINBRII¡G, INC.
M&gffigfhDãdwd&fu
TENTATIVE
TRACT MAP NO. 6490
BENG A DVSION OF LOI lJ AND IHE ESI HALF OF LOI
14 OF TIE SALÊS MAP OF LANDS OF IilE KERN COUNTY
LANO COMPANI ALSO BEING PORTONS OF NORfrEAST
ouaRlER oF sEcT0N 15, T. 28 S., R. 25 E., M.D.M.. Clry OÊ SHAFIER, COUNIY OF KERN, SIATE OF CALIFORNIA CONIAINING 29.4 ACRÊs 107 SINGLE FÀMLY LOIS
SUMMII CAPITÂL VENTURÊS, NC
o
Lof 5
sES MP Ot K.C.L.C,
s
¡BEIII sda r'- 30'
GRAPHIC SCÁI,E
|EEr----lÊ (rm)
.E & ASE ÀYBTÛE
STATISTIG
IHs IS A 'PhASED' DEILOPMENI'
PHASE
14,4 ÀCS.
Lor colNt 5? LoEAREA| 14.6 ACS. Lot colNt 52 Loß
I
d
z
L -,*
Ë
J
U
E
Þ
z
E
:g
Íô - óö
ì..
à
z
r
¿i
:i
tl
I
ellxxl coual
F
RS
q,3
s'3lDI f,^ a II
I
_t .9 S AVBN¡'E
ÐJ1
24 25
s
36 34
23 19 20
€ 37 40 39
E
)
9 11 l0
16 12
17 13
15 t6
7 7
21 23
24 25
22 27
€
s
I
Ft
6 1
I 6 2 3
55 54 52
I
42 47 € 45 6
coû¡t ¡tctY ¡IX
JJ
41 34
€ 39 $ 37 3ô
17 lo
t6 1t 1J 11 15
81¡tlt -;-k--!rtt
26 29
27 2A
32 2A
J1
29 JO
PI
5 2
3 PÉA
41 € 42
51 50
4E
€
17 IÆ
A. LOS ANGEI,E
EXHIBIT B
ORDINANCE NO. 734
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER ADOPTING
THE ADDENDUM TO THE NEGATIVE DECLARATION ADOPTED FOR
TENTATIVE TRACT NO. 6490 AND ADOPTING DEVELOPMENT AGREEMENT NO. 2t-20 FOR TENTATM TRACT NO. 6490, AS SET FORTH IN EXHrBtat $l') WHEREAS, the City Council is authorizedto enter into binding development agreements with persons have legal or equitable interest in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and \ilHEREAS, the City Council has adopted rules and regulations ("Development Agreement Procedures") for consideration of development agreements, pursuant to Section 65865, et seq. of the Govemment Code (the "Development Agreement Law"); and as fuither provided in Section 2.70 ("Development Agreements"), Chapter 2, Title 17 of the Shafter Municipal Code; and
WHEREAS, Summit Capital Ventures, Incorporated ("Owner") have represented to the City of Shafter ("City") that they are the owner of the real property ("Property") described in Exhibit "4" of Development Agreement No. 2I-20 ("Agreement"), attached hereto and incorporated herein by this reference, which Property is located within the City of Shafter, County of Kern, State of California; and
WHEREAS, Owner has requested that the City enter into a development agreement with the Owner, thereby initiating these proceedings which have been taken into accordance with the Development Agreement Procedures; and
\ilHEREAS, Development Agreement No. 21-20 is being proposed for the completion of Tentative Tract No. 6490, which the City Council of the City of Shafter adopted a Mitigated Negative Declaration and approved Tentative Tract No. 6490, with conditions of approval, on May 3,2005, under Resolution No. 05-1727; mitigation measures addressing noise and traffic were adopted as conditions of approval for Tentative Tract No. 6490 to reduce potential significant environmental effects of the project to a level less than significant; and WHEREAS, the purpose of the subject development agreement is to provide for minimum dwelling unit size; and payment of park fees, traffic fees, and other fees and requirements established by the City of Shafter; and
WHEREAS, the adopted Mitigated Negative Declaration evaluated impacts resulting from 97 proposed single-family residences on the project site and Tentative Tract No. 6490 was approved for 99 single-family residential lots under Resolution No. 05-1727; and WHEREAS, the east boundary of the subdivision map has been moved 20 feet to the west to remove a previously undisclosed utility easement from the mapped arca and the configuration of the lots within the subdivision has been changed to remove pie-shaped lots and the ends of the cul-de-sacs within the map resulting in the addition of ten (10) additional single-family residential lots; and
EXHIBIT C
Shafter City Council Ordinance No. 734
April5,2022
Page2
\ilHEREAS, on September 7,2021, the Planning Director found the reconfigured map to be in substantial conformance with the originally approved subdivision map; and \ryHEREAS, the current proposal does not significantly increase the development intensities beyond the levels considered in the adopted Mitigated Negative Declaration and therefore no new or additional impacts are present; and \üHEREAS, mitigation measures addressing noise and traffic were adopted to reduce potential significant environmental effects of the project to a level less than significant; and \ilHEREAS, the subject mitigation measures are incorporated as conditions of approval for Tentative Tract No. 6490; and
WHEREAS, the subject mitigation measures are incorporated into the project under Exhibit ooD" of the Development Agreement; and
WHEREAS, none of the conditions described in Section 15162 of the State California Environmental Quality Act (CEQA) Guidelines can be attributed to the proposed development agreement; the level of overall development potential analyzed as part of the Mitigated Negative Declaration adopted for Tentative Tract No. 6490 has not changed; and because the current proposal does not significantly increase development intensities beyond the levels considered in said adopted Mitigated Negative Declaration, no new or additional impacts are present; and WHEREAS, according to Section 15164(b) of the State CEQA Guidelines, the City of Shafter may prepare an addendum to a previously adopted Mitigated Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for a the preparation of a subsequent Mitigated Negative Declaration have occurred; and
WHEREAS, the development agreement is being proposed as required by Condition 10 of Resolution No. 05-1727, which establishes only minor additions that are necessary for the completion of Tentative Tract No. 6490; and
WHEREAS, an Addendum to the Mitigated Negative Declaration that was adopted for Tentative Tract No. 6490 has been prepared for Development Agreement No. 21-20; and WHEREAS, Development Agreement No. 2l-20 is consistent with the City of Shafter General Plan; and
\ilHEREAS, Development Agreement No. 21-20 is in substantial conformance with the provisions of the City of Shafter ZoningOrdinance; and
\ilHEREAS, Development Agreement No. 21-20 is in conformity with and will promote public convenience, general welfare and good land use practices and will not be detrimental to the health, safety, and general welfare of the public; and
\ilHEREAS, Development Agreement No. 21-20 will not adversely affect the orderly development of property or the preservation of property values; and Shafter City Council Ordinance No. 734
April5,2022
\ilHEREAS, Development Agreement No. 21-20 will promote and encourage the development of the subject tentative tract map by providing a greater degree of requisite certainty; and
WHEREAS, by entering into this Agreement, the City binds future City Councils of the City by the obligations specified herein, and limits the future exercise of certain governmental and proprietary powers of the City; and
WHEREAS, on March 8,2022, the Planning Commission held a noticed public hearing and approved Resolution No. 22-395 finding the proposed Development Agreement consistent with the City of Shafter General Plan and recommending the City Council adopt the Addendum to the Mitigated Negative Declaration that was adopted for Tentative Tract N o. 6490 on May 3 , 2005 , under Resolution No. 05-1727, and adopt Development Agreement No. 2l-20 as set forth in attached Exhibit "l" of this Ordinance, and
\ilHEREAS, the terms and conditions of this Agreement have undergone extensive review by the City Council of the City of Shafter, and have been found to be fair, just, reasonable, and consistent with the City of Shafter General Plan; and
WHEREAS, the City Council's determination for all actions to be taken and approvals to be given by the City are in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters in accordance with the Development Agreement Law and Development Agreement Procedures; and \ilHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements authorized under Sections 65864, et seq. of Govemment Code are intended; and
WHEREAS, the development of the Property in accordance with this Agreement will provide substantial benefits to the City and will further important goals and policies of the City of Shafter, and
WHEREAS, the Owner has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and \ilHEREAS, the Owner has incurred and will in the future incur costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement; and
\ryHEREAS, a timely and properly notices public hearing upon this Ordinance No. 734 (Development Agreement No. 2T-20) was held by the City Council of the City of Shafter on March 15, 2022, at which hearing evidence, oral and documentary, was admitted on behalf of said Agreement.
Shafter City Council Ordinance No. 734
April5,2022
NO\il, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN AS FOLLOW:
SECTION 1. The above recitals and findings incorporated herein, are true and correct SECTION 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, have been transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved.
SECTION 3. The Addendum to the Mitigated Negative Declaration that was adopted for Tentative Tract No. 6490 on May 3,2005, under Resolution No. 05-1727, is hereby adopted for Development Agreement No. 2I-20.
SECTION 4. Based on the entire record before the City Council, including the above findings and all written and oral evidence presented to the City Council, the City Council of the City of Shafter hereby adopts Development Agreement No. 2I-20 as set forth in attached Exhibit o'1" of this Ordinance.
SECTION 5. If any provision ofthis Ordinance or the application thereof is for any reason held to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 6. This Ordinance shall take effect thirty (30) days after its final passage and adoption and, within twenty (20) days of its adoption, a copy of same shall be published and circulated in the City of Shafter together with the names and members of the City Council voting for and against the same.
PASSED AND ADOPTED THIS 5TH DAY OF APRIL,2O22
Cathy L Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
RECORDED AT REQUEST OF
CITY OF SHAFTER
WHEN RECORDED RETURN TO:
City of Shafter
336 Pacific Avenue
Shafter, CA93263
Attention: City Clerk
Fvcmnf frnm Filino F'ees flnr¡ Cnr{e Scnfinn ???R?
TENTATIVE TRACT NO. 6490
DEVELOPMENT AGREEMENT NO. 21.20
between
CITY OF SHAFTER
a California municipal corporation
and
Summit Capital Ventures, Inc., a California corporation Exhibit $1" of Ordinance No. 734
ARTICLE 1. PARTIES AND EFFECTIVE DATE
This Development Agreement ("Agreement") is entered into between (i) THE CITY OF SHAFTER, a Califomia municipal corporation ("City") and (ii) Summit Capital Ventures, Inc., a California corporation ("Owner"). This Agreement shall become effective on the Effective Date.
ARTICLE 2. RECITALS
2.1 City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et !eq. of the Government Code (the o'Development Agreement Law"); and
2.2 City has adopted rules and regulations for consideration of development agreements, pursuant to Section 65865 (the "Development Agreement Procedures") for consideration of development agreements, pursuant to Section 65864, et seq. of the Government Code (the Development Agreement Law); and as further provided in Section
2.70 (Development Agreements), Chapter 2,Title 17 of the Shafter Municipal Code; and
2.3 Owner is the owner of the real property described in Exhibit "A", attached hereto and incorporated herein by this reference, which property is located within the City of Shafter, County of Kern, State of California; and
2.4 Owner has requested that City enter into a development agreement, and proceedings have been taken in accordance with the rules and regulations of Cityi and
2.5 By entering into this Agreement, City binds the City and future City Councils of City by the obligations specified herein, and limits the future exercise of certain governmental and proprietary powers of City; and
2.6 The terms and conditions of this Agreement have undergone extensive review by City and the City Council and have been found to be fair, just and reasonable and consistent with the City's General Plan and any applicable specific plan; and
2.7 All of the requirements of the California Environmental Quality Act have been met with respect to the Project and City has reviewed, considered and, on November 2,2021, adopted the addendum to the Negative Declaration adopted for Tentative Tract No. 6490 for this project as adequate and complete; and
2.8 This Agreement and the Project are consistent with the Shafter General Plan; and
2.9 All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters in accordance with the Development Agreement Law and Development Agreement Procedures; and 2 2.10 Development of the Property in accordance with this Agreement will provide substantial benefits to City and will further important policies and goals of City; and
2.ll This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under the Development Agreement Law are intended; and
2.12 Owner has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and
2.13 Owner has incurred and will in the future incur costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement; and
2.14 On March 8,2022 the Planning Commission of the City, following a duly noticed public hearing, recommended adoption of this Agreement to the City Council in accordance with the Development Agreement Law and Development Agreement Procedures; and
2.15 On March 15,2022, at a duly noticed public hearing, the City Council of the City introduced Ordinance No. 734 approving and adopting this Agreement and authorizing its execution by the City. The City further, at its April 5, 2022, meeting approved the second reading of said Ordinance.
ARTICLE 3. AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
ARTICLE 4. DEFINITIONS AND EXHIBITS
4.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
4.1.1 úúAgreemento' means this Development Agreement.
4.1.2 $City)' means the City of Shafter, a Califomia municipal corporaüon.
4.1.3 'oDays" means calendar days unless otherwise specified.
4.1.4 'oDedicate" is defined in Section 7.9.
J
4.1.5 r.Development" means the improvement of the Property for the purposes of completing single family dwelling units, improvements and facilities comprising the Project including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of single family dwelling units, and the installation of required landscaping. "Development" includes, without limitation, the right to maintain, repair, or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction takes place within the term of this Agreement on parcels subject to it.
4.1.6 "Development Approvals" means all permits and other entitlements required for the development and/or use of the Property and which are subject to approval or issuance by City in connection with the Development of the Property including, but not limited to:
(a) General Plan amendments;
(b) ZoningandZoningAmendments;
(c) Tentative and final subdivision or parcel maps, and Lot Line Adjustments;
(d) Conditional use permits, but only as to those conditions and requirements pertaining to the development of the Property; (e) Design review approvals;
(Ð Grading and building permits; and
(g) California Environmental Quality Act Requirements
"Development Approvals" specifically do not include this Agreement.
4.1.7 "Development Exactions" mean, except as otherwise provided in this Agreement, all exactions, in lieu fees or payments (including but not limited to impact mitigation fees) or dedication or reservation of land requirements, obligations for on-site or off-site improvements or construction requirements of a type not normally regarded as subdivision improvements, mitigation measures in connection with environmental review, or impositions made under other rules, regulations, or offrcial policies of the City or in order to make a Development Approval consistent with the City's General Plan, including without limitation, any requirements of City in connection with or pursuant to any Land Use Regulation or Development Approval for the development of land, the construction of improvements for public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.
Development Exactions shall not include filing fees or other Processing Fees.
4.1.8 "I)evelopment Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to the Development of the Property. 4 4.1.9 'oEffective Date" means the 30th day after the second reading of the City Council ordinance which adopts and approves this Agreement, unless timely referendum proceedings to set aside the ordinance adopting this Agreement are commenced, in which case the occurrence of the Effective Date shall be postponed until the final disposition of the referendum, including the disposition of any judicial proceedings commenced with respect thereto.
4.1.10 .úExisting Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the approvals incorporated herein as Exhibit"C" of this agreement and all other approvals which are a matter of public record on the Effective Date.
4.l.ll "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include, without limitation, all regulations of the City which are a matter of public record on the Effective Date, as they may be modified by the Existing Development Approvals.
4.1.12 "Land Use Regulationso'means all ordinances, resolutions, codes, rules, regulations and official policies of City legally adopted in accordance with all applicable laws governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and all Development Exactions, the phasing or timing of development, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property as they may be modified by the Development Approvals. "Land Use Regulations" includes those land use regulations in the General Plan but does not include any City ordinance, resolution, code, rule, regulation or offrcial policy, governing:
(a) The conduct ofbusinesses, professions, and occupations; (b) Other than as provided in this Agreement, taxes and assessments of general application, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g. excise tax) or to directly finance the construction or maintenance of any public improvement in respect of which Owner is paying any fee or providing any improvement pursuant to ARTICLE 7 hereof;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) The exercise of the po\iler of eminent domain.
4.1.13 o'Negative Declaration" means that certain addendum to the Negative Declaration adopted for Tentative TractNo. 6490 by the City Council of the City of Shafter on May 3,2005, under ResolutionNo. 05-1727.
5 4.1.14 r.Mortgageeoo means a mortgagee of a mortgage, a beneltciary under a deed oftrust or any other security-device lender, and their successors and assigns.
4.1.15 "Owner'o means Summit Capital Ventures, Inc., a California corporation, and permitted successors in interest to all or any part of the Property.
4.1.16 "Processing Fees" means the normal and customary application, filing, plan check, and permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by City.
4.1.17 "Project" means the future development ofthe entirety ofthe public and private improvements on the Property in a manner consistent with the Development Plan, as such Plan may be fuither defined, enhanced or modified pursuant to the provisions of this Agreement.
4.1.18 "Propertyt'means the real property described on Exhibit "A" and shown on Map on Exhibit "B" to this Agreement.
4.1.19 "Public Improvementson means those Public Improvements described in Sections 7.3 through 7.11, inclusive.
4.1.20'oPublic Improvement Obligationsno means the obligation to Dedicate those certain public improvements specifically described in ARTICLE 7 of this Agreement (together with all applicable exhibits) and the real property interests associated therewith.
4.1.21 "Reservations of Authorityo' means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City including, without limitation, those rights and authorities described in Section 6.5 of this Agreement.
4.1.22 "subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements which require the provision of bonds or other securities.
Subsequent Development Approvals include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this Agreement.
6 4.1.23 "Subsequent Land Use Regulations" means any Land Use Regulations or any amendments to Existing Land Use Regulations legally adopted and effective after the Effective Date of this agreement.
Other initially capitalized terms appearing in this Agreement shall have the meaning given to them at the point at which they first appear.
4.2 Exhibits. The following documents are attached to, and by this reference made apart of, this Agreement:
Exhibit "A" Legal Description of the Property
Map of Property
List of Existing Development Approvals
Conditions of Approval for Tentative TractNo. 6490
Elevations
Exhibit "B"
Exhibit "c"
Exhibit "D"
Exhibit "E"
ARTICLE 5. GENERAL PROVISIONS.
5.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Subject to the Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this Agreement, be carried out only in accordance with the terms of this Agreement.
5.2 Fee Interest in Property. Owner represents, covenants and warrants that as of the Effective Date it is the sole holder of fee simple absolute title to the Property.
5.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement.
5.4 Assignment, Sale and Transfer of Interest in the Property and this Agreement.
5.4.1 Right to Assign.
(a) Owner shall have the right to assign Owner's rights and obligations under this Agreement, but only in connection with the concurrent sale, assignment, ground lease, encumbrance, or other transfer (collectively, a "Transfer") of all or any portion of the Property. Upon (1) any Transfer of all or any portion of the Property, (2) the express assumption of Owner's obligations (with respect to the portion of the Property being transferred) under this Agreement by such transferee and (3) City's prior written consent, which consent shall not be unreasonably withheld, Owner shall be relieved of and from further liability or responsibility for compliance with the obligations arising under this 7 Agreement (with respect to the portion of the Property being transferred), and City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee; provided however, that the City shall look solely to Owner for compliance with the provisions of this Agreement as such provisions relate to the portion of the property not so transferred. In order to permit City to make an informed decision to approve or disapprove a proposed assignment of Owner's rights and obligations under this Agreement, or any pafüal assignment thereof, City may reasonably require the proposed transferee (other than an Owner Affiliate, defined hereinafter) to submit financial statements and evidence of its fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations being assumed. Notwithstanding anything to the contrary in this Section 5.4.l,no consent shall be required for any assignment to an "Owner Affiliate"; provided, however, that all conditions and provisions of subsection (b) of this Section 5.4.1 have been satisfied except as otherwise expressly provided in Section 5.4.1(b). The term "Owner Affiliate" shall mean any of the following:
(1) any member of Owner or any shareholder or shareholders of any member who own(s) and control(s), directly or indirectly, fifty percent (50%) or more of the common stock of such member ("Owner Member").
(2) any general or limited partnership in which Owner or an owner partner, individually or collectively, is/are the managing general partner of such partnership.
(3) any limited liability company in which Owner or an owner member, individually or collectively, is/are the managing member of such limited liability company, or control, directly or indirectly, fifty-one percent (51%) or more of the ownership interest in such limited liability company.
(b) City's consent to an assignment by Owner under this Section 5.4.1 shall not be unreasonably withheld provided (i) Owner notifies City at least forty-five (45) business days prior to the date of such assignment, (ii) the transferee (includingarLy Owner Affiliate) expressly assumes Owner's obligations (with respect to the portion of the Property being transferred) under this Agreement, and (iii) prior to the date of such assignment the transferee (including any Owner Affiliate) posts cash, surety bonds, letters of credit or other collateral reasonably acceptable to City and equivalent to any security previously provided by Owner to City to secure the transferee's perforrnance of its obligations with respect to the portion of the Project being acquired by such transferee and of all required Public Improvements (with respect to the portion of the Property being transferred). Notwithstanding clause (iii) in the preceding sentence, where adequate surety bonds, letters of credit or other collateral has already been provided by Owner and the Owner and such transferee choose to not substitute surety bonds, letters of credit or other collateral in accordance with clause (iii), the City's consent shall not be withheld provided the following conditions are met: (1) Owner shall not reduce any of the surety bonds, letters of credit or other collateral previously provided; and (2) Owner shall cause to be named in any instrument establishing rights of the City under any such surety bonds, letters of credit or other collateral the transferee as the obligee thereunder. In such event, and 8 notwithstanding Section 5.4.1(c) below, the surety bonds, letters of credit or other collateral previously provided by Owner shall not be reduced. Any notification under (i) above shall be forwarded, in writing, to the City Manager with a copy to the City Attorney. It is understood and agreed that, until all of the conditions set forth in clauses (Ð, (iÐ and (iii) immediately hereinabove have been performed, Owner shall not be relieved of and from liability or responsibility for compliance with the obligations arising under this Agreement with respect to the portion of the Project being transferred. In order to permit City to determine the amount and type of collateral that will be reasonably acceptable, City may, as part of its rights under this Section 5.4.I above, reasonably require the proposed transferee (excepting an Owner Affiliate) to submit financial statements and evidence of its fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations being assumed.
(c) V/ith respect to any permitted assignment pursuant to the provisions of this Section 5.4.1, City shall release Owner from its obligations under this Agreement and any other agreements or undertakings pertaining to the transferred portion of the Project, and release to Owner any bonds or other security posted to secure obligations under such agreements or undertakings, provided the transferee expressly assumes the obligations under such agreements and substitutes bonds or other security acceptable to City in place of the security to be released.
(d) Nothing contained in this Section 5.4.1 shall prevent a Transfer of the Property, or any portion thereof, to a lender as a result of a foreclosure or deed in lieu of foreclosure, and any successor in interest (including the lender) acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner under this Agreement; provided, however, in no event shall such successor in interest (including the lender) be liable for any defaults or monetary obligations of Owner arising under this Agreement prior to acquisition of title to the Property by such successor in interest, and provided further, in no event shall any such successor in interest be entitled to a building permit or occupancy certificate until all fees due under this Agreement relating to the portion of the Property acquired by such successor in interest have been paid to City and until any other default relating to the portion of the Property acquired by such successor in interest has been cured. (e) Any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee, and a default by such transferee shall only affect that portion of the Property owned by such transferee.
5.4.2 Subsequent Assignment. Any subsequent assignment after an initial assignment shall be made only in accordance with and subject to the terms and conditions of Section 5.4.1.
5.4.3 Construction of Roadway Improvements Upon Sale. In the event that Owner sells a portion of the Property, Owner and the new owner of the portion sold by Owner shall be jointly responsible for constructing a road to provide access to the public road system for the parcel sold by Owner. In its sole discretion, City may require that any 9 road constnrcted to provide access pursuant to this Section 5.4.3 be offered for dedication to the City and constructed to City standards.
5.4.4 Termination of Agreement with Respect to Individual Lots and Units.
5.4.4.1 Release of Subdivided Lots. Any other provisions of this Agreement notwithstanding, this Agreement shall terminate with respect to any lot, or, as to common areas in common interest subdivision, upon the sale of the first unit, and such lot or unit shall be released and no longer subject to this Agreement without need for the execution or recordation of any further document, upon satisfaction of both of the following conditions.
(i) The lot or unit has been finally subdivided and
individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and
(ii) A certificate of occupancy has been issued for a
building on the lot. No such release approved pursuant to the Subsection 5.4.5.1 shall cause or otherwise affect a release of Owner from its duties and obligations under this Agreement as to the remainder of the Property owned by Owner.
(iii) The fees set forth in Section 7.2have been paid in full to the City for the lot.
5.4.4.2 Partial Release of Purchaser, Transferee or Assignee of a Lot. If a purchaser, transferee or assignee of a lot (i) which have been finally subdivided as provided for in the Development Plan and for which a site design review for development of the lot has been finally approved pursuant to the Development Plan or, (ii) if such site design review has not been approved, but the lot is a subdivided lot and the conditions of approval of the subdivision map requires security to the reasonable satisfaction of City for the performance of the improvement obligations applicable to the lot, then City shall release said lot from the obligations under this Agreement relating to all other portions of the Property. No such release approved pursuant to this Section 5.4.5.2 shall cause or otherwise affect a release of Owner from its duties and obligations under this Agreement as to the remainder of the Property owned by Owner.
5.5 Amendment or Cancellation of Agreement. This Agreement may be amended, modified or canceled in whole or in part only by the following means:
(Ð As provided in Article II;
(iÐ Pursuant to Govemment Code Section 65869.5, as necessary to comply with state or federal laws or regulations enacted after the Effective Date; provided, however, that this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render the remaining provisions of this Agreement impractical to enforce; or l0
(iiÐ By mutual written consent of both the City and the Owner pursuant to Government Code Section 65868, following all required public notices and hearings and City Council approval; provided, however, that within the limits of the authority granted to him or her, the City's Planning Director may make the following minor modifications to this Agreement without the need for formal action by the City's Planning Commission or City Council;
(a) Minor modifications of schematic plans approved by the City; and
(b) Minor modifications that do not alter the terms of this Agreement, the permitted uses, density or intensity of uses, maximum height or size of buildings, provisions for reservations or dedication of land, conditions, terms, restrictions and requirements relating to Subsequent Development Approvals, and monetary contributions by the Owner.
5.6 Automatic Termination. This Agreement shall automatically terminate and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 5.3
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure pursuant to Section 65867.5 overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by City or applicable public agency of all required Dedications and improvements. (e) Upon the default of Owner or City to the extent provided in ARTICLE 9 and ARTICLE 10, respectively.
(Ð The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal.
Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property unless such land use entitlements are conditioned upon the continued existence of this Agreement or upon the construction of improvements or the payment of fees described in this Agreement and Owner fails to construct such improvements or pay such fees as required in the conditions to the land use entitlements or this Agreement. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have 11 been performed prior to such termination, or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination, or with respect to any obligations which are specifically set forth as surviving this Agreement.
Upon such termination, all fees paid pursuant to ARTICLE 7 of this Agreement by Owner to City for buildings on which construction has not yet begun shall either, at City's option, be refunded to Owner by City; or applied as a credit to future development fees due from Owner, provided, however that Owner may designate another party to receive such refund or credit. Notwithstanding anything to the contrary in this Section 5.6, Owner shall receive the applicable fee credits set forth in ARTICLE 7 for those portions of any Public Improvements Dedicated to the City prior to such termination. Those fee credits shall survive such termination and may be used by Owner, to the extent not previously used by Owner, to offset the City's collection of such fees in connection with the Project.
5.7 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either:
(i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iv) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below; or (v) on the date of delivery by facsimile transmission to the recipient named below. All notices shall be addressed as follows:
If to City:
City Manager
City of Shafter
336 Pacific Avenue
Shafter, California 93263
Fax No. (661) 746-0607
with a copy to:
Best Best & Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, California 9 17 6l
Attn: Shafter City Attorney
Fax No. (909) 944-1441
12 If to Owner:
Summit Capital Ventures, Inc.
8725 Swigert Court
Bakersf,reld, CA 9331 I
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of aparty, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
5.8 Validity of This Agreement. The Owner and the City each agree that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this Agreement.
ARTICLE 6 DEVELOPMENT OF THE PROPERTY.
6.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, Owner shall have a vested right to develop the Property in accordance and to the extent of, the Development Plan and subject to the Existing Land Use Regulations. The property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan.
Except as otherwise provided in this Agreement, ffid subject to the Reservations of I Authority, the permitted uses ofthe Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and Dedication of land for public purposes and other Development Exactions, the phasing and timing of development, the design, improvement and construction standards and specifications applicable to development of the Property, and other terms and conditions of development applicable to the Property shall be those set forth in the Development Plan.
6.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, provisions for reservation and Dedication of land for public purposes, and other Development Exactions, the phasing and timing of development, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations.
Except as otherwise provided in this Agreement, City shall only charge those fees, assessments and amounts which are in effect as of the Effective Date (other than Processing Fees) and no additional Development Exactions through the exercise of either the police power or the taxing power or the Subdivision Map Act shall be imposed by City on the development of the Property; provided, however, that in approving tentative subdivision maps, City may impose ordinary and necessary Dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a direct nexus with the particular subdivision; provided, further, that City may impose and will require normal and l3
customary subdivision improvement agreements and commensurate security to secure performance of the Owner's obligations thereunder.
City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters unless otherwise required by this Agreement to be expedited or given priority.
Owner acknowledges and agrees that the failure or inability of public utility providers other than the City including, without limitation, such providers as electricity, gas, telephone, and cable to provide the appropriate amount and type of utility service to the Property shall be sufficient cause for City to withhold issuance of approvals hereunder necessary for the development andlor occupancy of those buildings to which such utility service is not then available until such service is available. A will serve letter issued by a utility provider shall be conclusive evidence that the utility service is available to that portion of the Property covered by that letter. City agrees that it shall not take any action with the express intent of preventing any such provider from furnishing appropriate utility service to the Property.
6.3 Timing of Development. The parties acknowledge that Owner cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 CaI.3d 465,that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing provisions set forth in this Agreement or the Development Plan.
6.4 Changes and Amendments. The parties acknowledge that development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event Owner finds that a change in the Existing Development Approvals is necessary or appropriate, Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or t4
(b) Increase the density or intensity of use of the Property as a whole; or
(c) Increase the maximum height and size of permitted buildings; or (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code, as it exists from time to time.
6.5 Reservations of Authority.
6.5.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property:
(a) Processing Fees imposed by City to cover the estimated or actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by City.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, policies (written or unwritten) and rules governing engineering and construction standards and specifications applicable to private or public improvements including, without limitation, any and all uniform codes adopted by the City, including local amendments to those codes adopted pursuant to state law allowing for such amendments; provided that such codes are uniformly applied to all new development projects of the same uses within the City. Such codes include without limitation, the City's Uniform Housing Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Building Security Code. City agrees that such regulations, policies and rules shall be those applied on a City-wide basis to all development projects of a similar type as the Project.
(d) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the residents of the Project or of the immediate community, or both, from a condition perilous to their health or safety, or both; provided, however, the following shall apply:
15 (i) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this Agreement; and
(ii) That such regulations apply uniformly to all new development projects of the same uses within the City; and
(ii) That the City Council finds, based on substantial evidence, that such regulations are necessary to eliminate or reduce a public danger perilous to the health or safety of the residents of the Project or of the immediate community. (e) Subsequent regulations which do not conflict with the Development Plan. For the purposes of this Agreement, the term o'does not conflict" and its variants means new rules, regulations, and policies which: (i) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this Agreement, and standards for design, development and construction of the Project, except with respect to uniform codes as permitted elsewhere in this Agreement; (ii) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as the Owner would otherwise be entitled by the Development Plan; or (iii) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. Any Regulation whether adopted by initiative or otherwise, limiting the rate, timing, type or density of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property, unless otherwise provided for in this Agreement or by statute. (Ð Regulations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to the Development of the Property.
6.5.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approvals on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan or as otherwise permitted by this Agreement.
6.5.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to t6
comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
6.5.4 Intent. The parties intend that, unless otherwise expressly herein provided, or as otherwise provided by law, this Agreement embodies the full terms and conditions relative to the proposed Development of the Project. Notwithstanding the foregoing, however, Owner and City each agree that neither party has made any representations to the other concerning the enforceability or validity of this Agreement or any one or more of its provisions and that each party has exercised due diligence in ascertaining for itself the validity and enforceability of this Agreement and its provisions.
6.6 Public Works. Owner is required by this Agreement to construct public work facilities and improvements which will be Dedicated to City or other public agencies upon completion. Unless required by applicable law to do so, Owner shall not be required to perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction including, without limitation, the payment of prevailing wages pursuant to Labor Code Section 1770 et Sgq. Should it be determined in the future by either the Legislature or a court of competent jurisdiction that Owner was required to comply with the same requirements as would be applicable to City should it have undertaken such construction, Owner shall defend, indemnify and hold harmless City and its elected officials, officers, employees, agents and contractors from any and all liability, costs, claims, damages, fines, penalties and expense, including costs of litigation and attorneys' fees, arising out of or in any way connected with Owner's construction of the public work described in this Agreement.
6.7 Provision of Off-Site Real Property for Public Improvements. The City and Owner acknowledge that certain Public Improvements may be located on property which is neither owned nor controlled by the Owner. For purposes of this Section 6.7, arty individual parcel of such property on which the Offsite Improvements will be located shall be hereinafter referred to singularly as a "Subject Property", and collectively as "Subject Properties."
6.7.1 No Commitment to Condemn. Owner hereby acknowledges and understands that this Agreement does not obligate the City in any way to use its power of eminent domain to acquire any Subject Property. The City's use of the power of eminent domain is conditioned by law upon certain findings and determinations that the City Council in its sole discretion, must make in accordance with California Code of Civil Procedure Sections 1240.030,1240.040,and1245.230. These f,rndings and determinations include, without limitation, all of the following:
(i) The public interest and necessity require the Offsite Improvement;
17 (ii) The Offsite Improvement is planned or located inthe marìner that will be most compatible with the greatest public good and the least private injury; (iii) The Subject Property is necessary for the Offsite Improvement; and
(iv) That either the offer (if any) required by Section 7267.2 of the California Government Code has been made to the owner or owners of record, or the offer has not been made because the owner or owners cannot be located with reasonable diligence.
Owner hereby acknowledges and understands that as of the date of this Agreement, the City has not considered the propriety of the use of its power of eminent domain to acquire any Subject Property. The City makes no representation or guarantee whatsoever concerning the eventual result or outcome of its discretionary consideration of the use of its power of eminent domain to acquire any Subject Property or of any actual eminent domain proceeding.
6.7.2 Indemnity. Owner hereby agrees to defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the City, its officials, officers, employees, agents, attorney, and contractors from and against all third party liability, claims, lawsuits, judgments, fines, penalties, amounts paid in settlements, costs and expenses arising out of or in any way connected with the City's actions under this Section 6.7 with respect to any Subject Property, except to the extent that such liability arising from the negligence or willful misconduct of the City, its official, offtcers, employees, agents, attorney or contractors. Owner's obligations under this Section 6.7.2 shall survive the expiration or termination of this Agreement.
6.7.3 Cooperation. The parties hereby agree to take such other actions and execute such other reasonable documents as are consistent with this Section 6.7 and as are reasonably necessary to effectuate this Section 6.7; provided, however, that the foregoing shall not require the City to take any legislative act or exercise its discretion in any particular manner.
6.7.4 Effect of Termination, Expiration or Invalidity of this Agreement. If the City terminates this Agreement in accordance with the provisions for termination contained herein, or if this Agreement otherwise expires or is declared invalid, Developer agrees that such termination, expiration, or determination of invalidity shall survive and Owner shall remain liable to City for all Costs reasonably incurred by City up to the date of such termination, expiration or determination of invalidity and shall remain liable to the City for all Costs reasonably incurred by the City subsequent to such termination, expiration or determination of invalidity relative to the taking of such actions as are necessary, as determined by the City in its sole and absolute discretion, to terminate any acquisition activity undertaken prior to such termination, including, without limitation, amounts that the City may pay pursuant to California Code of Civil Procedure Section 1268.610 et. seq., as a result of the City's election to abandon or settle any judicial proceedings which may have been filed.
l8
6.8 Environmental Compliance. Owner and City acknowledge that City's adoption of the addendum to the Negative Declaration adopted for Tentative Tract No. 6490 described in the recitals hereto reflect City's determination that the addendum to the Negative Declaration adopted for Tentative Tract No. 6490 was adequate, that such adoption is the product of City's independent review and judgment, that it satisfied the requirements of the California Environmental Quality Act, and that it fully and adequately analyzed the environmental impacts of the Project. No mitigations measures other than those expressly identified in the Negative Declaration, the Existing Development approvals, or this Agreement shall be imposed on the Property or as an obligation of Owner for the development of the Property in accordance with the Development Approvals.
However, City may impose additional environmental review and mitigation measures upon Subsequent Development Approvals where such additional environmental review and measures are required pursuant to Public Resources Code Section21166, and Califomia Code of Regulations Title 14 Section 15162, as those sections may be amended or substituted.
6.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.
6.10 Tentative Map Extension. Pursuant to the provisions of Section 66452.6, any tentative subdivision map or tentative parcel map approved in connection with Development of the Property shall be granted an extension of time for a period of five (5) years from the Effective Date of this Agreement; provided, however, that City may impose conditions on tentative map extensions in accordance with Reservation of Authority.
6.11 Vesting Tentative Maps. If any tentative or final subdivision map or tentative or final parcel map hereafter approved in connection with development of the Property is a vesting map under the Subdivision Map Act (Section 66410, et Sçq.) and Chapter 7, Title 16 and following, of City Municipal Code (as it may be amended from time to time), and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Owner, then and to that extent the rights and protection afforded Owner under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.
6.12 Phasing Plan. Development of the Property and the Public Improvements shall be subject to all timing and phasing requirements established by this Agreement or the Development Plan. Owner has reserved the right to modify the phasing and timing of the development of the Property in its sole discretion. In the event Owner elects to amend the phasing of the Project, Owner shall give the City written notice of the revised phasing plan and shall provide the City Manager with a proposed revision to the Infrastructure Phasing Plan. The City Manager shall review and approve or approve with modifications the revised Infrastructure Phasing Plan within thirty (30) days of its submittal to the City l9
Manager. In reviewing and approving the revised Infrastrucfure Phasing Plan, the discretion of the City Manager shall be limited to a determination as to whether the revised Infrastructure Phasing Plan will provide the necessary Public Improvements required to serve the associated phases of development set forth in the revised phasing plan. The determination of the City Manager with respect to the revised Infrastructure Phasing Plan may be appealed to the Planning Commission and any decision made by the Planning Commission may be appealed to the City Council pursuant to the then-existing appeal provisions of the City Code.
6.13 Application of Government Code Section 66462.5. The provisions of Government Code Section 66462.5 shall not apply to any of the Public Improvements and Owner hereby waives, to the maximum legal extent, any benefits accruing to Owner pursuant to Government Code Section 66462.5 and all other statutes and judicial decisions of similar effect; provided, however, that Government Code Section 66462.5 and all other statutes and judicial decisions of similar effect will continue to apply, to the extent applicable, to all other public improvements other than the Public Improvements.
OWNER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVI CODE SECTION 1542 ("SECTION 7542"), WHICH IS SET FORTH BELOW:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
BY INITIALING BELOW, DEVELOPER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
Owner's Initials
ARTICLE 7. PUBLIC BENEFITS.
7.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project.
7.2 Impact Fees. Subject to any fee credits set forth in this ARTICLE 7, Owner shall pay to City the following public facilities and services impact fees at the times 20 provided therefor by applicable City ordinance or resolution, which fees are as of the Effective Date as follows:
7.2.1 Traffic Impact Fee: Developer shall pay the traffic impact fee in effect at the time that the building permit is issued for each single-family residence.
Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $10,000.00
7.2.2 Park Impact Fee: Developer shall pay the park impact fee in effect at the time that the building permit is issued for each single-family residence.
Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $5,000.00.
7.2.3 Developer understands and agrees that the feel limitations contained in Section 7.2.1 and 7.2.2 apply only to the Traffic Impact Fee and Park Impact Fee and not to other categories of impact fees, Development Exactions and Processing fees, whether in existence or later-enacted.
7.3 Landscaping Improvements. Owner shall, at its sole cost, expense and liability, construct those certain landscaping improvements required as "conditions of approval" of Tentative Tract Map No. 6490 as described in Exhibit "D" of this Agreement and as described in Section 4.1.6 (Development Approvals) of this Agreement. Owner shall dedicate any required improvements to the City at the time of recordation of the final map for which the improvements were a condition of approval. Owner will construct such landscaping improvements in accordance with City and other applicable governmental agency rules, codes, standards, ordinances and regulations in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority.
7.4 Public School Impact Fee. Owner shall pay all public school impact fees required by the Richland School District attributable to the Project. The Richland School District and Owner may form a Communities Facilities District ("CFD") pursuant to the terms of Government Code Section 5331 1, et seq., the territory of which shall include the Project, for the purposes of the payment of public school impact fees attributed to the Project. Owner shall consent to the annexation of the formation of the CFD prior to recordation of the first final map for the Project or the first sale, transfer or conveyance of the Property or any portion thereof.
7.5 Flood Control and Storm Drainage Improvements. Owner shall meet all applicable conditions of approval pursuant to Resolution No. 05-1727 in Exhibit "D" consistent with the tract design, as illustrated in Exhibit o'8", found to be in substantial conformance by the City Engineer.
7.6 Public Utilities Impact. Contemporaneously with or prior to the approval of each final map applicable to the Project, Owner shall provide written evidence, acceptable to City, that Owner has fully satisfied all public utilities impact measures lawfully required by any public utility purveyor, including, without limitation, phone, 2t
water, electric, cable television and gas, which will service that portion of the Project.
Failure to provide such evidence will result in disapproval of any final map.
7.7 Alternative Improvements Interests. City and Owner acknowledge and agree that acquisition of the real property and other interests necessary for the construction of the public improvements described in this ARTICLE 7 is subject to the provisions of Section 6.7. lf, due to any reason whatsoever, Owner is unable to construct those public improvements described in this ARTICLE 7 due to the inability of either Owner or City to acquire the necessary real property or other interests to allow such construction, then Owner shall construct alternative improvements of an equal or greater value than those improvements which would have been constructed had the necessary property and other interests been obtained or pay the applicable fees in lieu thereof. The value of such altemative improvements, and the corresponding credit granted to Owner against those fees which Owner would otherwise be required to pay but for its construction of the improvements contemplated in this ARTICLE 7, shall be as determined in the City's reasonable discretion, consistent with the programs, studies and reports substantiating the amount of development impact fees adopted by the City. Construction of the alternative improvements shall be in accordance with plans and specifications approved by City in accordance with all codes, ordinances, regulations, standards and policies in effect at the time of the construction of the improvements.
7.8 Environmental Site Inspection. Owner hereby grants to the City, its agents, contractors, employees and other representatives the right to enter upon the Property during reasonable business hours for purposes including, without limitation, the surveying, inspecting, photographing, sampling, and other testing necessary, in the City's absolute discretion, to the determination of whether hazardous or toxic pollutants, contaminants or materials (collectively, "environmental contaminants") are located upon any property which the City will be receiving through Dedication including, without limitation, parks, rights of way, and utility easements. Upon discovery of any environmental contamination, Owner shall immediately cease any work that may have begun upon the Project, will notify all appropriate governmental authorities and regulatory agencies, and will take all steps necessary to comply with any provisions of any federal or state environmental laws, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, and all other federal or state statutes of similar import and effect.
7.9 Dedication. The term "Dedicate" as used in this ARTICLE 7 means to acquire and offer the subject land for dedication and to construct the improvements to be constructed by the Owner on such land pursuant to this ARTICLE 7 and thereafter to convey such land and improvements to the City. Owner shall convey the land on which the Public Improvements are to be constructed at the time provided therefor by the Infrastructure Phasing Plan, but in no event later than the recordation of the final tract map for which such Public Improvement(s) was/were a condition of approval. Owner shall Dedicate/convey easement interests in all property required to be Dedicated by this Agreement. The Owner shall Dedicate each Public Improvement upon completion of a segment component of such Public Improvement.
22 7.10 Minimum Dwelling Unit Size: Owner agrees that the minimum single family dwelling unit size permitted in the subdivision shall be no less than 1,600 square feet of living space, with an average dwelling unit size of all plans being offered of not less than 1,800 square feet of living space. The minimum square foot requirement excludes garages, patios andlor porches whether enclosed or not.
7.ll Fiber Optic and Networking Installation for Dwelling Units: Owner agrees to install in each dwelling unit the following fiber optic and networking requirements:
Building Department Requirements
a. Install a dedicated City Fiber Enclosure adjacent to the other utility enclosures or a Common Communication Enclosure (collectively "Utility Enclosure") for the proposed communications utilities (phone, cable, fiber, etc.). The enclosure type shall be Benner-Nawman I4326W-UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, 15-amp convenience receptacle mounted inside the enclosure on either side wall with the outlets facing horizontally. The receptacle power shall be protected by a ground fault circuit interrupter (GFCD.
b. Install a wireless-transparent 28-30-inch or 42-inch Structured Media Enclosure ("Media Enclosure") of type Legrand 30" ENP3050(30") or 42" ENP4250, Leviton 30" 49605-30W, Primex Verge 30" P3000 or 42" P4200 or as approved by the City in a master bedroom closet wall or a laundry room wall furthest from the water supply and maintain a minimum 48-inch horizontal clearance between and 24-inch clearance above any metallic appliances or accessories. The enclosure shall include one 120-volt, I 5-amp convenience receptacle located inside the enclosure. c. Install a conduit pathway from the Utility Enclosure to the Media Enclosure with a minimum of one (1) l-inch diameter non-metallic, flexible conduit which shall maintain a minimum 36-inch bend radius and protrude a minimum of 6-inches into the enclosures. The conduit shall be marked with orange Tyvek or plastic tags, labeled "City Fiber Use Only", 66I-746-5000", tie wrapped to the conduit in plain view within the enclosures
d. Install a continuous conduit without breaks or couplings from the existing City Fiber Distribution Enclosure located in the right-oÊway ("Distribution Enclosure") to the bottom side of the Utility Enclosure. The conduit shall be installed a minimum of 36-inches below grade, protrude a minimum of l2-inches into the Utility Enclosure, be orange in color, and be factory labeled "City of Shafter 66I-746-5000". If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solidconductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum l5-feet of slack coiled in the Distribution Enclosure and 3-feet of slack coiled in the Utility Enclosure. The conduit and tracer wire shall be inspected by a City of Shafter Public 'Works Department representative before shading and backfilling.
23 i. After backfilling, the conduit shall be mandrel tested between the Distribution Enclosure and the Utility Enclosure. All conduits lr-inch or larger shall require mule tape or equivalent installed. Mule tape shall be slack (no tension) and fastened to the plug or cap. Innerducts and microducts shall have the pull string completely removed before being tested with a ball bearing. The testing process shall be witnessed by a City of Shafter Public V/orks Department representative. ii. Couplings shall be used to repair damaged or short conduit only if approved by the City. Conduit couplings shall be an air-tight, water-tight, push-on compression fitting approved by the City. Tracer wire couplings shall be air-tight, watertight, twist on or compression connector approved by the City. Coupling integrity shall be inspected by a City of Shafter Public Works Department representative. e. Category 6 Unshielded Twisted Pair (CAT 6 UTP) cable (or as approved by the City) shall be installed according to industry standards and the requirements below and shall not be pinched, stapled, bent sharply or crossing any sharp, unprotected edges:
i. Install minimum of three (3) cables from the Utility Enclosure to the Media Enclosure.
ii. Install the following connection points terminated to a CAT 6-rated 8P8C (RI-a5) jack within a single-gang low voltage wall box, using the ANSI/TIA568 T5684 termination standard:
1. Minimum of two (2) connection points to every
entertainment center, kitchen, master bedroom, kitchenette, office, den, etc. iii. Install one (1) or more V/i-Fi Access Point (V/AP) ceiling mounting locations (as approved by the City) on each floor such that no exterior wall is more than 30 feet from any WAP mounting location. Each'WAP mounting location will include a single-gang, low voltage wall box through which a single CAT 6 UTP cable with a minimum three (3) feet of slack shall be terminated with a CAT 6-rated 8P8C (RI-45) plug for connecting to a V/AP.
Engineering Department Requirements
f. Developer shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber optic network to each buildable lot within the development. Design and material specifications are available from the City of Shafter. Plans shall be submitted and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
i. A combination of fiber optic conduits shall minimally include 4" SDR-I1 HDPE, 2" SDR-I1 HDPE, 7-Way bundled HPDE innerduct with attached tracer wire, and direct-bury HDPE microduct with attached tracer wire. Fiber optic conduits may be joint trenched with other utility company pipes and/or conduits. 24 u. All underground fiber optic conduits, innerduct bundles, microducts, etc. shall be factory-labeled "City of Shafter 661-746-5000". Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
iii. All underground fiber optic conduit paths shall have tracer wire. If the conduit does not have an integrated tracer wire, a continuous external #12 AV/G solidconductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum l5-feet of slack coiled in the endpoint enclosures.
iv. The ends of all fiber optic conduits, innerducts, and microducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. v. After backfilling, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. All conduits %-inch or larger shall require mule tape or equivalent installed. Mule tape shall be slack (no tension) and fastened to the plug or cap. Innerducts and microducts shall be mandrel tested while being witnessed by a City of Shafter Public Works Department representative. vi. A combination of underground utility enclosures shall minimally include 36"Vy' x 60"L x 36"D polymer concrete enclosures with dual torsion covers, 36"W x 36"L x 24-36"D and 24"W x 36"L x 24-36"D High Density Polyethylene (HDPE) enclosures.
vll All underground utility enclosures shall be factory-stamped "City Fiber"
ARTICLE 8. FINANCING OF PUBLIC IMPROVEMENTS AND
MAINTENANCE OBLIGATIONS
8.1 Landscape and Lighting Maintenance Community Facilities District.
The City and the Owner agree to the formation of Communities Facilities District ("CFD") pursuant to the terms of Government Code Section 53311, et seq., the tenitory of which shall include the Project, for the purposes of the payment of maintenance and operation costs associated with the common landscaping and lighting located within the Project.
Owner shall consent to the annexation of the formation of the CFD prior to recordation of the first final map for the Project or the first sale, transfer or conveyance of the Property or any portion thereof. The Owner further expressly agrees that failure of Owner to consent to the formation of such CFD will result in disapproval of any future tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.1; provided, however,that after giving effect to such annexation, the Owner is subject only to its fair share of the obligations and costs incurred as a result of the annexation. The Owner agrees to cooperate fully in any such annexation 25 proceedings
If, for any reason whatsoever, the Property or portion thereof does not become part of a CFD as provided in this Section 8.1, or if any such CFD which is formed does not provide for the maintenance of the entirety of the landscaping and lighting within the Property, or any portion thereof, then Owner will provide for the creation of a private property owner's association, or an adequate alternative reasonably acceptable to the City, to undertake such work. The homeowner's association, conditions, covenants and restrictions (CC&R's) shall include a requirement that the homeowner's association pay the assessment and that the assessment provisions contained in the CC&R's can only be amended with the approval of the City. Failure to provide for the creation of such an owner's association, CC&R's andlor an adequate alternative reasonably acceptable to the City, when required by the terms of this Section 8.1 shall result in the disapproval of tentative or final maps or other Subsequent Development Approvals with respect to the Property, or any portion thereof, and shall be cause for the City to terminate this Agreement.
8.2 Police and Fire Protection Community Facilities District. The City and the Owner agree to the formation of a CFD pursuant to the terms of Government Code Section 5331 1, et seq., the territory of which shall include the Project, for the purposes of the payment and maintenance and operation costs associated with police and ltre protection. Owner shall consent to the annexation of the formation of the CFD prior to recordation of the f,rrst final map for the Project or the first sale, transfer or conveyance of the Property or any portion thereof. The Owner fuither expressly agrees that failure of Owner to consent to the formation of such CFD will result in disapproval of any future tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.2; provided, however, that after giving effect to such annexation, the Owner is subject only to its fair share of the obligations and costs incurred as a result of the annexation. The Owner agrees to cooperate fully in any such annexation proceedings.
The Owner agrees that the Police and Fire Protection Community Facilities District may be formed as part of or separate from the Landscape Lighting and Maintenance Facilities District described in Section, at City's discretion.
ARTICLE 9. REVIEW FOR COMPLIANCE.
9.1 Periodic Review. The City Manager, or his or her designee, shall review this Agreement annually on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to, and containing such information as may be requested by the City Manager, or his or her designee, within 30 days after written notice from the City Manager, or his or her designee. The Annual Monitoring Report shall be accompanied by an annual review and administration fee, in an 26 amount consistent with then-existing City fee schedules and resolutions, sufhcient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. Neither City nor Owner shall have a duty to notify the other of their respective obligations hereunder and the City's failure to so conduct such annual reviews shall not affect the rights, protection, and benefits afforded Owner by the Development Agreement Law and this Agreement shall remain subject to the Development Agreement Law.
9.2 Special Review. The Planning Commission or City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews.
9.3 Procedure.
upon city,, ¿.t",*igt'"",iliäilll:: ilïå:3f j;Tl'l'üåJå:"1,'iJîi:ff:f1;i'"Jiä;
10.4, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner. (b) Upon completion of a periodic review or a special review, the City Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by Owner with the terms of this Agreement and his/her recommended finding on that issue.
(c) If the Planning Commission finds on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the Planning Commission makes apreliminary finding that Owner has not complied in good faith with the terms and conditions of this Agreement, the Planning Commission may recommend to the City Council that the City Council coÍìmence proceedings to modifu or terminate this Agreement and the City Council may proceed to modify or terminate this Agreement under Section 9.4 and Section 9.5. Notice of default and opportunity to cure as provided under Section 10.4 of this Agreement shall be given to Owner prior to or concurrent with proceedings under Section 9.4 and Section 9.5.
9.4 Proceedings Upon Modification or Termination. If, upon a recommendation of the Planning Commission under Section 9.3(d), the City Council determines to proceed with modification or termination of this Agreement, the City Council shall give written notice to Owner of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not the City Council proposes to terminate or to modify the Agreement; and the specifics of such modifications; 27 (c) Such other information as is reasonably necessary to inform Owner of the nature of the proceeding.
9.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreement the City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
9.6 Certifîcate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Commission and City Council that (1) this Agreement remains in effect and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the certificate is issued after a Periodic or Special Review, and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.
V/hether or not the Certificate is relied upon by assignees or other transferees of Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager.
ARTICLE 10. DEFAULT AND REMEDIES.
10.1 Remedies in General. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages, including, without limitation, attorneys' fees and litigation costs, to Owner, or to any mortgagee or lender of Owner or to a successor in interest of Owner, or a mortgagee or lender of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any 28 impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
Further, nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain; provided, however, that such exercise results in a physical occupation of the Property or portion thereof. Except as set forth in the preceding sentence, Owner's remedies shall be limited to those set forth in this Section 10.1 and Sections 9.5 and 10.2.
10.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate, and specific performance and other nonmonetary relief, including temporary and permanent injunction relief, are particularly appropriate remedies for the enforcement of this Agreement and should be available to all Parties for the following reasons:
(a) Money damages are unavailable against the City
(b) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. (c) Owner shall not be required to post a bond to obtain injunctive relief.
10.3 Release. Except for nondamage remedies and except as otherwise provided in this Agreement, including the remedy of specific performance and judicial review as provided for in Section 9.5, Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents and employees from any and all claims, demands, actions, or suits or any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the Califomia Constitution, the Fifth Amendment of the United States Constitution, or any other law, ordinance, or judicial decision which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement.
Without limiting the generality of anything in the immediately preceding paragraph, Owner, for itself and its successors and assigns, hereby expressly waives the benefit of, and any protections provided by Civil Code Section 1542,which provides:
29 A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
In addition to waiving the provisions of California Civil Code section 1542, the Owner hereby waives, releases and foregoes the provisions of any federal or state statute or judicial decision of similar effect.
10.4 Termination or Modifïcation for Default of Developer. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement as provided in Article 6 hereof, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, City may terminate or modify this Agreement pursuant to this Section in accordance with Article 6 hereof only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured, Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.
10.5 Termination of Agreement for Default of City. Owner may terminate this Agreement only in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
ARTICLE 11. THIRD PARTY LITIGATION.
11.1 General Plan Litigation. City has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law.
Owner has reviewed the General Plan and concurs with City's determination. City shall have no liability under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of City's actions in adopting it were invalid, inadequate or not in compliance with law.
30 ll.2 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any such claim, action or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify or hold harmless City. City may in its discretion participate in the defense of any such claim, action or proceeding.
11.3 Indemnity. In addition to and not as a limitation upon the provisions of Sections 11.1 and Il.2 above, Owner shall indemnify, defend and hold harmless City, its officers, agents, employees and independent contractors free and harmless from all liability whatsoever, based or asserted upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, forproperty damage, bodily injury or death (Owner's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder including, but not limited to, the design, engineering, construction, completion, operation, maintenance, repair, failure, conveyance or physical condition of the Public Improvements.
The foregoing obligation shall not apply to any claims for damages which arise through the sole active negligence or sole willful misconduct of City. Owner shall defend, at its sole cost, expense and liability, including attorneys' fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of Owner. City may, in its discretion, participate in the defense of any such legal claim, action or proceeding and shall be entitled to reimbursement from Owner for any and all costs associated with such defense including, without limitation, reasonable attorneys' fees.
ll.4 Environmental Contamination. Owner shall indemnify and hold City, its offrcers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property Dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys, fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding.
11.5 City to Approve Counsel. V/ith respect to Sections 11.1, through 11.4, inclusive, herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense; provided, however, that Owner 3l
shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.
11.6 Accept Reasonable Good Faith Settlement. With respect to Sections I I .1 through 11.4, inclusive, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section I 1.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section 1 1.6 does not apply to any settlement which requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations.
ll.7 Survival. The provisions of Sections 11.1 through 11.6 inclusive, shall survive the expiration or early termination of this Agreement.
11.8 No Waiver of Common Law or Statutory Obligations. City and Owner acknowledge and agree that this Agreement shall not constitute a waiver or abridgement of any common law or statutory obligations which Owner may have with respect to indemnification, defense and contribution in the event that any action or proceeding is commenced against City which is based upon this Agreement or which is in any way related to any actions taken by Owner pursuant to this Agreement.
ARTICLE 12. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification.
City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and pu{poses of this Agreement, provided, further, that any modifications of this Agreement are subject to the provisions of Section 5.5 of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written 32 notification from City of any default by Owner in the performance of Owner's obligations under this Agreement.
(c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance.
However, to the extent that the performance of such covenant by Owner is a condition precedent to the performance of any act by the City, the City shall have no obligation to perform such act hereunder unless and until the Mortgagee performs the covenant of Owner which is the condition precedent to the City's performance. Although a Mortgagee is not obligated to perform the obligations and covenants of Owner hereunder, if the Mortgagee elects to so perform, such performance shall be in full accordance with the terms of this Agreement. Any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.4 of this Agreement.
ARTICLE 13. MISCELLANEOUS PROVISIONS.
13.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Kern County Recorder by the City Clerk within the period following the Operative Date as required by Section 65868.5 of the Government Code.
13.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
13.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in ARTICLE 7 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and JJ
effect whatsoever. Notwithstanding the foregoing, the development rights set forth in Section 6 of this Agreement are essential elements of this Agreement and Owner would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
13.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be govemed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
13.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
13.6 Singular and Plural. As used herein, the singular of any word includes the plural.
13.7 Joint and Several Obligations. If at any time during the term of this Agreement any part of the Property is jointly owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement as to that portion of the Property jointly owned shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided herein.
13.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
13.9 Waiver. Failure by a party to insist upon the strict perfonnance of any of the provisions of this Agreement by the other party, or the failure by aparty to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
13.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
13.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), the other party's breach of this Agreement, or other causes beyond the party's control. If any such 34 events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. The failure of either party to obtain or maintain financing necessary for the performance of its respective obligations and duties hereunder shall not be deemed a cause for an extension of the term of this Agreement or a cause for the extension of time for performance of any such obligation by any party hereunder unless mutually agreed to by the parties in writing.
13.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party.
13.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during Ownership of the Property or any portion thereof.
13.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
13.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the putpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California. Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Owner each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including, without implied limitation, federal district court, due to any diversity of citizenship between the City and the Owner, due to the fact that the City is a party to such action or proceeding or due to the fact that a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Owner and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394. The Owner acknowledges that the provisions of this Section 13.15 are material consideration to the City for its entry into this Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum.
13.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, 35 and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the Owner of such property.
13.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The provisions of this Section 13.17 shall not require the taking of any actions which are prohibited by law or, except as expressly set forth in this Agreement, including, without limitation, Section 6.7, impair the lawful legislative discretion of the City as to those matters to which the law imparts legislative discretion to the City.
13.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.
13.19 Agent for Service of Process. In the event Owner is not a resident of the State of California or is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or is a foreign corporation, then in any such event, Owner shall file with the Cþ Manager or his or her designee, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto.
13.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they has/have the authority to bind Owner to the performance of its obligations hereunder.
13.21 Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development agreements (Sections 65864 through 65869.5 inclusive) in effect as of the Effective Date.
Accordingly, subject to Section 6.5 above, to the extent the subsequent amendment to the 36 Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enforceable.
13.22 No Personal ObligationlNlo Completion Obligation. This Agreement in and of itself does not represent a personal obligation of individual officers, directors, and shareholders of Owner, its successors or assigns. Nothing herein contained shall in and of itself be deemed to create an obligation of the Owner, its successors or assigns to complete the development ofthe entire Project as contemplated, or any particular portion thereof. No officer, official, employee, agent, contractor or attorney of the City shall have any personal liability or obligation for the performance of the City's obligations hereunder.
37 SIGNATURE PAGE TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 2I-20 CITY:
CITY OF SHAFTER
a California municipal corporation
By:
Mayor, City of Shafter
ATTEST:
City Clerk
City Manager
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:
City Attorney
38 SIGNATURE PAGE TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 2I-20 OWNER
Summit Capital Ventures, Inc.
8725 Swigert Court
Bakersfield, CA 93311
Its: Chief Financial Officer
Dated: LvTL
By:
39 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accvracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF KERN
On So a Notary Public, personally
who proved to me on the
basis ofsatisfactory to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
my hand and official seal
)
)ss
)
rl
v)
Ë
n
ü
ä
a
¡¡
Notary
2@5
40 EXHIBIT "A'TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO.21-20 Legal Description of Properfy
EXHIBIT "A"
TRACT 6490
LEGAL DESCRIPTION
BEING A DIVISION OF LOT 13 AND A PORTION OF THE WEST HALF OF LOT 14 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SECNON 15, TOWNSHIP 2B SOUTH, RANGE 25 EAST MOUNT DIABLO BASE AND MERIDTAN, FILED FEBRUARY 11, 1913 IN THE OFFICE OF THE KERN COUNTY RECORDE& BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNTNG ATTHE SOUTHWEST CORNER OF SAID LOT 13;
THENCE, NORTHERLY ALONG THE WEST LINE OF SAID LOT 13, NORTH 01O24'18" EAST A DISTANCE OF 1,319.86 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 13; THENCE/ EASTERLY ALONG THE NORTH UNE OF SAID LOT 13, SOUTH 89ô0348" EAST A DISTANCE OF 660.47 FEET. MORE OR LËS' TO THE NORTHEAST CORNÊR OF SÆD LOT 13; THENCE, CONTNUING SOUTH 8900348" EASTA DISTANCE OF 310.23 FEET, MORE OR LESS, ALONG THE NORTH UNE OF SAID LOT 14 TO A POINT OF TNTERSECNON WITH THE WEST
UNE OF A WATERUNE EASEMENT DEDICATED TO THE UNNED SIATES OF AMERICA PER INSTRUMENT L7472, BOOK 2581, PAGE 194 OF OFFICIAL RECORDS OF SAID COUNTY, SAID WEST IJNE ALSO BEING THE WEST LINE OF THE EAST 20 FEET OF THE WEST HALF OF SAID LOT 14;
THENCE, LEAViNG SÆD NORTH LINE, SOUTH 0L"23'OL" WEST ALONG SAID WEST LINE A DISTANCE OF 1,319.98 FEFT, MORE OR LES$ TO THE SOUTHERLY UNE OF SAID LOT 14; THENCE, WESTERLY ALONG THE SOUTH LINE OF SAID LOT 14, NORTH 8gOO3'22" WEST A DISTANCE CIF 310.40 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE, WESTERLY ALONG THE SOUTH UNE OF SAID LOT 13, NORTH 8}OO3'22'WEST A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
CONTAINING 29.42 ACRES GROSS, MORE OR LESS.
Z=> zoz<
Aw
Exp. 03-31-
7439
VAN CUREN, PLS 7439 Date
EXHIBIT úTB'' TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO.21.20 Map of the Property
E. ASE ¿VENUE
9 10
11 12 13 14 r5 16 17
ô 21
41 40 J9 58 37 36 55 34 3J
22 +
23 +2 43 4+ 45 46 17
31 24
i+a
2 30 25
55 54 55 29
Pf,
52 E2
51 50 +9
l.
E
I
tl
É.
ø
lstE srR¡ IT
¡ACEY ÁNN COUBT
l.
g
F
Êt
¡{
ø
2A 27
28 27 2 3
PEA
4 TT
5 6 7
29 26
50 25
JI
14 15 12 11 10
9 24
32 15 1ô 17 18 19 20 21 22 23
34 39 38 37 56
¡
E
o
É
l¡o I COI'R
{
Þ
z
Il
Þ
¡l
f{
z
z
r
c¡
r¡t!¡^ î
D^Ña slBEXt
T
o
H
o
EI
el¡
ilH
_l_
5l
50 49
,+¡r
47 14 13 42
E. LO8 ÂNCELES ÂVENUE
EXHIBIT "C" TO
TENTATIVE TRACT NO.6490 DEVELOPMENT AGREEMENT NO.21.20
LIST OF EXISTING DEVELOPMENT APPROVALS
l.) City of Shafter Resolution No. 05-1727 for Tentative Tract No. 6490 EXHIBIT *D'TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 21-20 RESOLUTION NO. 05-1727
CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 6490
CONDITIONS OF APPROVAL
(As Approved by City Council5/3/05)
GENERAL
1 The developer(s) (hereinafterreferred to as "Developer"), at their sole cost and expense, shall defend, indemniff and hold harmless the City of Shafter (hereinafter referred to as "City''), its agents, legislative body, officers and employees in any legal or administrative action, claim or proceeding concerning approval of Tentative Tract No. 6490 (hereinafter referred to as "TT 6490") or, at its election and in the alternative, shall relinquish such approval, Developer shall assume the defense of the City in any such legal or administrative action, claim or procoeding with legal counsel paid for in the entiretyby Developer, but subject to the City's reasonable approvals. Developer shall also reimburse the City, its agents, legislative body, officers and employees for any judgments, amounts paid in settlements, court costs and attomeys' fees which the City, its agents, legislative body, officers and employees may be required to pay at court as a result of such action, claim, or proceeding.
The Cityma¡ at its sole discretior¡ participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer of their obligations under this condition.
The following disclosure shall bo given as part of transfer of properties: "If your real property is near property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24 hotx basis. Said discomforts may include, but not be lirnited to equipment noises, odors from manure or other chemicals, and dust or smoke, The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws."
Developer, or the general contractor, shall submit a list of all contractors and/or subcontactors perfonning work on TT 6490 to the CifyAdministrative Services Department and such contractors and subcontractors shall obtain valid business licenses to do business and/or work in the City.
Until all portions of TT 6490 have been completed, all vacant and undeveloped land shall be maintained within the boundaries of TT 6490 in aweed-free and cloan and orderly manner by Developer. Should said property not be so rnaintained, the City shall notify property owner that the properry is to be cleaned within thirty days of receipt of said notice. If property owner does not comply within the required time frame, City may then clear the land and bill property owner for expenses incurred.
TT 6490 shall expire twenty-four months from the date of approval by the City Council, unless an extension is granted by the City Council. Should an extension be requested, the applicant, not less than sixty days prior to the expiration date, shall submit to the City in writing, arequest for an extension ofthat approval in accordancewiththeprovisions of City Codes.
2. 3
4 5
6 7
Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any building permits.
Developer shall complywiththe latest UniformBuilding Code, UniformMechanical Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and all other applicable codes, ordinances, regulations, and development standards in effect at the time of issuance of relative permits.
PLANMNG
8 9.
10. 11.
TT 6490 shall conform to the in-lieu park fee measures (Quimby Act) of the City of Shafter Said fees shall be paid prior to recordation of the Final Map.
In lieu of the construction of alleys, Developer shall pay refuse capacity fee as required by Ordinance No. 351. Refuse capacity fee shall be due and payable prior to recordation of a Final Map.
Prior to rccordation of Tract Map No. 649A, the developer shall enter into a development agreement with the City of Shafter, in a form and substance reasonably approved and required by the City, which shall provide for a minimum square footage ofresidential units within the subdivision, and which shall provide for payment of park fees, traffic feos and other fees established by the City. h the event that the City has not adopted such fees in a timely marmer such that the developer would have to make payment at the time of obtaining each building permit for development of the subdivision, then the developer and the City agree that park fees shall be aminimurn of $650 per lot and traffic fees shall be a minimurn of $2,346 per lot, and that such fees represent the actual costs pertaining to park and recreation and traffic impacts proportional to and diroctly related to each lot. Such fees shall be paid regardless ofwhether the developer and the City enter into a development agreement.
In addition, the developer shall cooperate with the City regarding the establishment and formation of a community facilities district for school purposes, and the developer shall require all successors in interest in and to the subdivision, and each portion thereof, to cooperate with the City in the establishment of such a district. For this purpose, the developer and its successors in interest shall not object or participate in any protest regarding the formation of such a distriot, and shall affìrmatively voto "yes" \Mith respect to ali real property within the subdivision for purposes of estabiishing such a district.
Prior to issuance of each building permit for houses within TT 6490, Developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall reference the floor plan layout and building elevations, including exteriorbuilding materials and colors, for each of the single-family residences to be constructed within TT 6490. All architectural features of each single-familyresidence and all landscaping requirements set forth in Section 2.80, Chapter 2, Title 17 of the Shafter Municipal Code (Design Review) shall be adhered to. All roofs constructed within TT 6490 shall be of concrete tile or Prestique I High Definition manufactured byELK Corporation in Shafter, its equivalent, or better.
12,
13 14.
15 16.
Developer may request approval to substitute equivalent housingplans in lieu of any of the plans provided as part of the application for TT 6490. The City's Project Assistance Team shall determine, in the exercise of its reasonable discretion, whether a proposed substitute is equivalent to the corresponding floor plan and elevation previously provided as a requirement of Section 2.80, Chapter 2, Title 17 of the Shafter Municipal Code. At a minimum, however, the proposed equivalent plan must be of the same or greatsr size than the plan it is intended to replace within TT 6490.
Developer shall submit a conceptual landscaping plan for all publically maintained landscaping to the Planning Department for approval prior to recordation of the Finai Map, or first phase of the Final map.
All rooÊmounted air conditioning equipment shall be located on the rear portion ofthe roof ridge line in such a maruler as to be screened as much as practical from view from public streets.
With the exception of model houses, as provided in Section 3.080, Chapter 3, Title 16 (Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City until TT 6490 has been recorded pursuant to the requirements of Title 16 (Subdivision Ordinance) and Title 17 (Zoning Ordinance) of the Shafter Municipal Code.
Priorto recordation ofTract 6490, the subdivider shall remove "Christopher Street", "Evelyn Ct.", and "Lisa Street" from the map and remove Kathleen Street from the list of altemative streets. The 911 Coordinator did not approve those three street names and one alternative street name. The applicant should substitute the remaining two altemative street names for two of the disapproved street names on the map and provide 3-4 additional street names to staff so those street names can be submitted to the 91 1 coordinator for review and approval.
New street names must bo submitted to staff and reviewed prior to recordation of TT6490.
All requirements of Section 2.80.6 (Residential Subdivision Land Use Design Criteria )of the City's Zoning Ordinance shall be met.
ln order to reduce potential noise impacts from the BNSF Railroad to the subj ect subdivision, the applicant shall construct a six (6) foot high masonryblock wall along the northern and eastem perimeter of TT 6490. This is a mitigation measure identified in the Negative Declaration for this project.
17. BUILDING
18. t9
Private drives constructed of Portland cement-concrete shall be constructed at a minimum width of 16 feet from the edge of public roadway pavement to the garage of each house.
Prior to permitting occupancy of any lot, building addresses shall be permanently installed and clearly visible from the street.
Prior to recordation of Tract 649A, developer shall relocate telephone poles along the north sideLos Angeles Avenue inconformancewiththe appropriate utilifycompanyrequirements. z0
22. 23.
24. )5
SI-¡IGINEERING : GE NFRA-I,
2L. Developer shall remove and replace any existing public or private improvements that may become damaged during anyphase of construction, as required by the City Engineer. The contractorworkingwithinthe public right-otwayshall obtain an encroachmentpermit from the City Engineer prior to commencing any such work.
Developer shall relocate and/or install all necessary infrastructure to provide utilities to the proposed project.
A six (6) foot public utility easement shall be provided in the front of all lots and on the street side of all corner lots as requested by the utility companies and the City Engineer.
Easements shall be granted with the final map.
Easements to be given to the Cily or any other public utility agency for, sev/er, lvater, storm drain, electrical, or any other utility or similar purpose shail not cross private property without prior approval of the CityEngineer.
Any above ground utility cabinets or facilities to be located within the road right-of-way or public utility easement shall be permitted only upon approval by the City Engineer. Such approval will be made in writing, upon written request of the applicant and./or the affected utility company.
Any obstructions including utilities, irrigation lines, etc., shall be removed and/or relocated, if necessary, at the expense of the applicant.
27. Any onsite wells shall be abandoned per Kem County standards.
No final inspection shall be approved until all required improvements have been completed by the applicant and accepted by the City.
All new utilities shall be underground service.
During construction, vehicular accesS points shall be covered with decomposed granite, road oil, or some other treatment acceptable to the City Engineer, to prevent generation of dust dwing periods of vehicular activity and/or windy conditions and tracking of mud and dirt on public roadways.
31, Prior to issuance of a certificate of occupancy on any lot of the proposed tract, all required improvements shall be completed and accepted by the City Council. Additional improvement outside the affected proj ect boundary may be required for orderly development as determined by the City Engineer.
All improvements shall be complete within one (t) year from the date of filing of the final map for the development, unless a time extension is granted by the City Engineer.
26. 28.
29,
30. 32.
33. Tlpe & location of cenhalized mail delivery units shall be determined by the postal service.
If the postal service requires special easements for the placeme,nt of the delivery units, then said easernents shall be shown on the final map.
ENG.INE4RING: GRADING & DRAINAGE
34. Prior to review of any required improvement plans, both a drainage/hydrology study and a grading plan shall be submitted to and approved by the City Engineer.
35. The drainage/hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. The study shall demonstrate that any potential run-off will not impaot surrounding properties.
The study shall focus on the project property and any affected adjacent properties.
36. 37.
38. 40
4r.
39 The grading plan for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. All grading shall conform to the California Building Code, latest edition, approved by the City and City adoptod standards and specifïcations. Storm drainage protection and disposal of water into and from the affected property shall be by method approved by the City Engineer.
A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with Califomia Building Code, Chapter 18, latest edition. In addition, all site grading earthwork, & building design shall be performed in accordance with the recommendations of the soils report.
A grading permit shall be obtained from the Cify prior to commencement of any grading activity.
Prior to issuance of a building permit, the developer shall file a 'oRough Grade Certificate" with the City in accordance with the City Engineering & Design Standards. Rough Grade Certificatç shall be accompanied by certified soil compaction test data from an acceptable materials testing company and a certification that the rough graded in substantial conformance with the approved grading plan and Chapter 33 of the Califomia Building Code. Developer to obtain Rough Grade Certificats form from the City.
Prior to final approval, acceptance of work, or issuance of certificate of occupancy, the applicant's engineer shall file a "Final Grade Certificate" stating that all required grading has been done in accordance with the approved grading plan. Developer to obtain Final Grade Certificate fonn from the City,
The location & frequency of soils compaction testing shall be per the City Engineer. Soils compaction testing shall be provided by the developer/owner.
Minimum slopes across any flat surface shall be 1%. For slopes less that 10lo, surface drainage shallbç channeled into aconcretev-grrtter, curb & gutter, underground storm drain, or similar drainage structure.
42 43.
44. 45.
46. All building pads shall provide a minimum of 2a/o slope away from each house to a earth swale, and a minimum of l% from the highest point in the swale to the street. The minimum pad height shall be twelve (12) inches above the adjacent curb.
Street side comer lots shall not have their side yard slope (finish grade to back of sidewalk) exceed 4 horizontal: I vertical. If maximum slope is exceeded, side yard shall be retained in ân approved manner.
Wood retaining structures shall not be approved. Developer shall use rnasonry, concrete, or other approved material.
Drainage basin: The development is located within an established drainage area, and a regional sump has already been constructed for the developrnent. The developer shall construct a storm drain from the subdivision to the regional sump or the closest tie-in. Size of storm drain pipe shall be approved by the City Engineer. The City shall require a{i a condition to future land use approvals fornearbyproperties benefitting from the developer's construction of such storm drain, that all such property owners reimburse the City and/or the developer (and if the City is reimbursed, then it shall remit payment to the developer) for all reasonable costs incurred by the developer to engineer, obtain permits, and construat the storm drain facilities outside the boundaries of Tract 6490, all subject to the roquirements of and otherwise as permitted by law. It shall be the responsibility of the City of Shafter to prepare the necessaryreimbursement agreement to accomplish this condition.
The number and location of street based siphons and cross gutters allowed, if an¡ will be determined during the grading and drainage review process. The minimum grade for allowed cross gutters shali be 0.6o/o.
Grading onto adjacent property shall not be done without written pennission from the adjacent property owner.
The Office of the CityEngineer shall be nolified? hours in advance of the placement of any fill material.
47 49.
48 50. Fill and/or import material shall be subject to the approval of the soils engineer
51. Contractor is responsible for the grading of lot pad areas to within 0.1' of the design elevations.
52. All areas in the site on which structures are to bepiaced must be compacted to 90% relative density, for aminimum distance of 5'in all directions from the foundations of the structure.
All fill material shall be moisture conditioned to at least 2o/o above optimum moisture and compacted to 90o/o relative density, as determined by test methods referenced in Califomia Building Code. appendix Chapter 33, Section 3305, and so certiñed by tests and report from the soils engineer.
53. 54. The design engineer shall exerciso sufficient supervisory control during grading operations to insure compliance with the plans, specifications, and code within his purview.
The placement of fill shall be in 6" maximum lifts, compacted with heavy compaction equipment approved by the City Engineer, unless specifically recornmended otherwise in the preliminary soils report.
Compaction in proposed pavement areas should be the same as for the building pads, and should extend to a minimum distance of 2'beyond the outside edges of pavements. 55 )b.
61 57. All cut and fill slopes shall not bo steeper than? horizontal to 1 vertical. 58 All fill areas to be cleared of all vegetation and other unsuitable material for a structwal fill and the areas shall be scarified to a depth of 6", unless specifically noted otherwise in the preliminary soils report.
59. All slopes in oxcess ofthree feet shallbeprepared and maintained to control against erosion Grading work shall be supervised as engineered grading in accordance with Chapter 33 of the Califomia Building Code.
During grading, reasonable searching should be performed for concealed subsurface obstructions. All abandoned subsurface obstructions should be removed. If the terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped at the project boundary.
60. 62. DustControl: Itshallbethedeveloper'sresponsibilitytopreventadustnuisance originating from the site of work as a result of his operations during the effective period of this conhact.
Preventative measures to be taken by the contractor shall include but not be limited to the following;
(a.) Water shall be apptied to all unpaved areas as required to prevent the surfaces frorn becoming dry enough to permit dust formation.
(b.) Paved surfaces overwhichvehiculartraffic is permitted to travel shallbe kept free of dirt.
RNSID{E n RING: wATEnffIRß
Developer shall install a water system for the devolopment together with such equipment, pipeline, and facilities, including individual water servioes, as may be necessary to ensure the development has a minimurn supply of water for the purposes of the devolopment including fire protection. Developer shall submit water improvement plans to the City Engineer for review and approval. Developer shall construct public water systems in accordance with Subdivision Engineering Design Manual for the subject property.
Fire protection shall be provided per Kem County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the applicant from the Kem County Fire Department. Evidence of this certificate of approval shali be provided to the City prior to acceptance of the water system by the City. 63 64.
65. 66.
67. 68.
The City Engineer shall recomrnend hydrant type and location if required.
Water line size, location, and materials shall be subject to the approval of the City Engineer.
Minimum water line size shall be in accordance with the Subdivision Engineering Design Manual.
Tie-ins to existing water mains shall be constructed in a manner approved by the City Engineer.
'Whenever possible, the water system shall be looped to minimize dead ends. For cul-de-sacs greater than 330 feet in length, the water main shall be looped through the side lot lines, of the lots near the end of the cul-de-sac, back to adjacent streets, as directed by the City Engineer. Easements shall be provided to the City in a manner consistent with the Subdivision Engineering & Design Manual.
69. Separate water services shall be installed for each residential property
70. No permanent süuctures shall be constructed over proposed or existing utility easements. 7r. Prior to the issuance of a building permit, water mains and {ire hydrants to be installed by applicant shall be completed, tested, and accepted (UFC 10.502,10.503) ENGINEERING: SEWûR
Developer shall install a sewer system for the developrnent together with such materials, pipeline, manholes, and individual servioes forthe purposes ofthe development. Developer shall submit sewer improvement plans to the City Engineer for review and approval.
Developer shall construct public sewer systems in accordance with Subdivision Engineering Design Manual for the subject property.
73. No properties shall be served by a septic system.
Sewer line size, location, slopo, and materials shall be subject to the approval of the City Engineer. Minimum se\¡/er line size, location, slope, and materials shall also be in accordance with the Subdivision Engineering Design Manual.
Tie-ins to existing sewer mains, manholes, or other structure shall be constructed as directed by the City Engineor.
Separate sewer services shall be installed for eachproperty. At no time shall sewerbe joint trench with water.
Sewer lines will not be permitted in easements between the back yards or side yards ofsingle or multi-family lots.
,1.
74. 75.
76. 77.
78. No permanent structures shall be constructed over proposed or existing utility easements 79 ENÇINESRING: STREET & TRAFFIÇ
Developer shall construct and provide right of way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, street lights, drive approaches, intersections, and other related improvements for the purposes of the development. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include:
(a.) preliminary soils report - including R values taken from proposed road locations and infiltration tests taken from any proposed basin site(s); i.) At least two (2) R-value tests wíllbe taken for Los Angeles Avenue, one (1) for Marurel, one (l) for East Ash Avenue, and three (3) for local interior streets dedicated for the development.
(b.) preliminary engineer's estimate of construction costs; and (c.) plan check and inspection fees.
80 The drawings shall include all proposed public street pavemenf curb, grtter, driveways, streetlights, cross gutteE catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site. Said improvement shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision Engineering Design Manual.
81. Street Sections:
(a.) Pavement skuctural section calculations shall be performed to veriff the proposed structural sections and shall be submitted to and approved by the City Engineer with street plans. Calsulations shall use the results of the Rvalue tests from the soils report. (b.) The minimum allowable structural section for Los Angeles Avenue shall be
0.25 feet of Asphalt Concrete (314" AR-4000) over 0.50 feet of Class tr Aggregate Base over 1 .0 feet native material moistened and compacted to city standards. Traffic Index :6.0.
(c.) The minirnum allowable structural section for Mannel Avenue shall be 0.21 feet of Asphalt Concret e (3/4" AR-4000) over 0.42 feet of Class tr Aggregate Base over 1 .0 feet native material moistened and compacted to city standards.
Traffic Index:5.0.
(d.) The minimum allowable structural section for East Ash Avenue shall be 0.21 feet ofAsphalt Concrete (3l4" AR-4000) over 0.42 feet of Class tr Aggregate Base over 1 .0 feet native material moistened and compacted to city standards.
Traffic Index:5.0.
(e.) The minimum allowable structural section for all local interior streets shall be 0.17 feet of Asphalt Concrete (%" AR-4000) over 0.33 feet of Class tr Aggregate Base over 1 .0 feet native material moistened and compacted to city standards. Traffic Index : 4.0
(f.) Minimum cross slope shall be 1.5% constructed. A minimum of 20lo cross slope shall be designed and shown on plans.
82. Street Dimensions:
(a.) Los Angeles Avenue shall be developed as aMajor Collector along the entire property line of the subject properfy, in accordance with standards and specifications ofthe City as approved by the City Engineer. Developer shall be responsible for developing the north half of Los Angeles Avenue as follows:
i.) LosAngelesAvenueshallbeforly-six (46)feethalfrightofwaywith thirty-four (34) feet centerline to flowline.
ii.) Portions of the existing cold mix/oil sand road shall be demolished and Los Angeles Avenue shall be reconstructed to its centerline.
Demolition& oonstructionbeyond the centerline oflos Angeles may be necessary if existing road profile will not accommodate new construction.
(b.) Mannel Avenue shall be developed as a modified local street along the entire property line of the subject property, in accordânce with standards and specifications of the City as approved by the City Engineer. Devoloper shall be responsible for developing the east half of Mannel Avenue as follows:
i.) Mannel Avenue shall be thirty-forn (34) feet half right of way with twenty (20) feet centerline to flowline.
ii.) Developer shall pave a minimum of 26'from flowline to west edge of paving in order to provide a minimum of 24' of paving necessary for two way traffic. Crown shall be placed at the centerline. (".) East Ash Avenue shall be developed as a modified local street along the entire property line of the subject property, in accordance with standards and specifications ofthe City as approved bythe CityEngineer. Developer shall be responsible for developing the south half of East Ash Ave,nue as follows:
i.) East Ash Avenue shall be thirty-eight (38) feet half right of way with twenty-five (25) feet centerline to flowline.
ii.) The location and establishment of the centerline of East Ash Avenue shall be governed bythe specific plan per City of Shafter Resolution 7A4. Cefüfred copies are available upon request.
iii.) Developers attention is also directed to portions of these conditions entitled: East Ash Avenue, Mannel Avenue, & State Hwy 43 (Central Yalley Hwy)
(d.) All local streets shall be developed as full width streets in accordance with standards and specifications of the City as approved by the City Engineer.
All local streets shall be fiffy-two (52) feet full right of way with forty (40) feet flowline to flowline.
83. East Ash Avenue & State Hwy 43 (Central Valley Hwy) (a.) ln order to promote the orderþ development of the area, each of the th¡ee developments listed below shall enter into an agreement (ín ø þrm acceptable to the Cíty of Shøfter) for required street improvements. Said agreement shall be prepøred by the property owners ídentifted below, and shall ensure that the costs to engineer, design, and construct all required street improvements are distributed fairly among all affected developments, providing an equitable proration of the improvements.
84. (b.) Developments required to enter into an agreement shall be: i,) Developer for Tract 6490 ii.) Developer for Parcel 1 of Parcel Map 10996 (Las Rosas Apartrnent Complex)
iii.) Developer for Parcel 2 of Parcel Map 10996 (Single Family Residential)
(c.) Required street improvements shall be any street improvements required by state or local agency for the following streets:
i.) Mannel Avenue from East Ash Avenue south to Los Angeles Avenue.
ii.) East Ash from Mannel Avenue east to State Hwy 43.
üi.) Any irnprovements required by state agency within State Hwy 43. (d.) Design & construotion of all required street improve,firents, including any intersection with State Hwy 43 shall be permitted and approved bythe City of Shafter and the CalifomiaDepartment of Transportation (Caltrans), where applicable.
The above conditíon represents a mitigation measure contained in the Negative Declaration þr this project.
Should a street transition to another street with a ninety (90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.
Cul-do-sac and street knuckle dimensions & radii to conform to the Subdivision Engineering Design Manual and/or the City Engineer. The use of ofßet cul-de-sacs is approved provided they meet the requirements of the City.
The following streets shall be striped in accordance with the City Engineer and Caltrans Traffic Manual, latest edition. Proposed striping shall be shown on street plans. (a,) Los Angeles Avenue
(b,) Mannel Avenue
(c.) East Ash Avenue
87 . Street signs shall be installed per City standards as required by the City Engineer.
88. All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approved by the CityEngineer.
89. During construction, the applicant shall rnaintain the project, including adacent streets in a dust free condition. This condition applies at all times including weekends, evenings and night time hours. During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the City Engineer. 86 85.
Driveway approaches shall be constructed in a manner consistent with the requirements for residential approaches as set forth in the City's Subdivision and Engineering Design Manual.
90. 92
93 94
95 91
97 Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb on all streets. Transitions at intersections and wheelchair ramps shall be provided and installed per City's Subdivision and Engineering Design Manual.
Monument and monument oovers shall be set per City Standards.
Temporary tumarounds, if required, including right of wa¡ shall be granted, designed, & installed per the Subdivision and Engineering DesignManual.
Property line locations shall be marked with a chiseled line on the top of curb for all property lines. The location of all sewer laterals shall be indicated on the top of curb with a stamped *s'.
Street lighting shall be installed in accordance with the City Engineering & Subdivision Design Manual as directed by the City Engineer. Developer shali coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS-28 rate schedule.
Secondary access easements shall be provided at the requost of the City Engineer. 'Within any given phase of development, secondary access easements and improvements shall be providedinamannsrapprovedbytheCityEngineer. Accessroadsshallbetwelve(12)feet in width and shall consist of three (3) inches of class tr aggregate base over six (6) inches of native material compacted to 9}Yorelative marcimum density.
A waiver of direct acoess shall be dedicated and shown on the final rnap as follows:
(a.) Along the north property lines of lots 22 ttuough32 (b.) Along tåe west property lines of lots 32 through 39 and 88 through 93 (c.) Along the south property lines of lots 1 through 6 and 94 through 97 (d.) Along the south property lines of lot 39
(e.) Along the north properly lines of lot 88
(f,) Along the east property lines of lot 97
(g.) Along the west property lines of lot I
96. 99
98. Blue Botts' dots shall be placed at the center of the street for each fire hydrant A City benchmark shall be established in the top of curb north at the northeast corner oflos Angeles Avenue and Mannel Avenue. Benchmark shall be indicated as a chiseled or stamped "X" in the top of curb at either end of the curb retum. Elevation shali be certified by a licensed land surveyor for the State of California. Level circuit data and calculations shall be submitted to the City of Shafter for approval.
ENGINEERING: LANDSCAPING
100. All landscaping plans including plants, irrigation equipment, points of connection to water lines, electrical services fortimers, lighting, etc. shall be approvedbythe CityEngineerprior to construction.
t0t A mason4r wall, or approved alternative, is to be installed:
(a.) Along the north property lines of lots 22 through32 (b.) Along the west property lines of lots 32 through 39 and 88 through 93, (".) Along the south property lines of lots 1 through 6 arñ94 through 97 (d.) Along the east properfy lines ollots 6 through 21
LAz. 'Wall plans, materials, dimensions to be approved by Cþ prior to construction. 103. Landscaping plans including irrigation timers, piping, sprinklers, fittings, plants, trees, turf shall be approved by the City.
104. Landscaping water service point of connection shall be approved by the City Engineer.
Sleeves shall be placed under the proposed paving for laudscaping piping per the City Engineør.
105. Landscaping plumbing & electrical shall be designed for all phases of the tract. 106. Developershallplace the entire subdivisionwithin ane\v orpre-existingLandscapellighting Maintenance Distriot, prior to accepance of improvements bythe Cþ. (a.) The maintenance district shall be set-up to oover the cost of street lighting, drainage basin maintenance, and landscaping maintenance, as well as all administrative costs associated with the City's management of the district. (b.) The Developer shali be required to cover the cost of street lighting maintain all landscaping, including the replacement of any trees or shrubs that do not survive, within public right-oÊway and landscape easements for a period of six (6) months after final inspection of the landscape improvements, or until such time as the rnaintenance district is formed, whichever shall occur last. (c.) Developer shall be fully responsible for the formation, and formation cost of the Landscape/Lighting Maintenance Dishict as directed by the City Engineer.
(d.) Developer shall be fully responsible for paying the cost of water for all landscaping and electricity for the street lights until suoh time as the maintenance district is formed.
EXHIBIT ú68'' TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 21-20
HOUSE PLANS AND ELEVATIONS
fI
I
I
I
I
I
I
I
I
I
PLAN 1 (1665)
- -L]
LJ
I
t
I
I
¡
I
I
I
I
I
MASTER BEDROOM
I
o
DINING ROOM
KITCHEN
I
I
I
I
L MASTER
BATHROOM w.t.c LAUND
I
q
_l
T
I
L
BATHROOM
GREATROOM
HALLWAY
lltt
ENTRY
n
BEDROOM 2-CAR GARAGE
BEDROOM
COVERED
PORCH
PLAN 1 (1665) ELEVATTON
(Spanish)
l2
-<< ¡t
b
.tN
'. .i,.
....r ..,. .-.i]
.i-. :-.: l'l '
PLAN 1 (166s) ELEVATTON
(Farmhouse)
l2:4
PLAN 1 (166s) ELEVATTON
(Contemporary)
12 :it
PLAN 2 (1884)
--.1-
J
o
o
MASTER
BEDROOM
DINING ROOM
KITCHEN
t--
I
1-
I
I
MASTER
BATH
w.t.c.
F
t¡JØ
o
o
D
r- r
BEDROOM LAUNDRY
=o
o
ú
!
c0
GREAT ROOM
T
ENTRY
cLo
BEDROOM
.t.c.
2-CAR GARAGE
w.t
BEDROOM
COVERED
PORCH
PLAN 2 (1844) ELEVATTON
(Spanish)
12 -"r¡ ¡t
o
I
r0
' : r',
, .j
PLAN 2 (1844) ELEVATTON
(Farmhouse)
PLANI 2 (1844) ELEVATTON
(Contemporary)
t .: t'.
PLAN 3 (2102)
w.t.c.
@
srtP
fi
s¡lP
MASTER
BATHROOM MASTER
BEDROOM GREAT ROOM
BEDROOM
BATHROOM stP
sâP
LINEN
BEDROOM
NOOK
KITCI.IEN
HALL
PANTRY
BEDROOM
DINING ROOM 2-CAR GARAGE
LIVING ROOM
ENTRY
COVERED
PORCH
PLAN 3 (2102) ELEVATTON
(Spanish)
12 4
Itt
PLAN 3 (2102) ELEVATTON
(Farmhouse)
12 I
PLAN 3 (2t02) ELEVATTON
(Contemporary)
1 .:.'..,.'.-... t,.'.'
PLAN 4 (2402)
(Spanish)
COVERED
PATIO
BEDROOM
MASTER
BEDROOM
---t
I
_l
!
ô
NOOK
KITCHEN
MASTER
w.t.c.
ì
w.t.c.
LAUN
t_
BEDROOM
LIVING ROOM
ROOM
HALLWAY
GREAT ROOM
BEDROOM
ENTRY
MUD
ROOM
2.CAR GARAGE
COVERED
PORCH
BEDROOM
BEDROOM
PLAN 4 (2402)
(Farmhouse & Contemporary Plans)
Farmhouse
MUD ENTRY ROOM BEDROOM
Contemporary
BEDROOM ENTRY
ROOM
MUD
HALLWAY
COVERED PORCH
LIVING ROOM
POWDER
ROOM
2-CAR GARAGE
HALLWAY
COVERED
PORCH
LIVING ROOM
POWDER
ROOM
2.CAR GARAGE
PLAN 4 (2402) ELEVATION
(Spanish)
3-car option
.,.r'.:.' i;.*: ""
12 '.q4
'"r 'i j :.j . .-.":. I.r'.:"'
PLAN 4 (2402) ELEVATTON
(Farmhouse)
3-car option
6 '-.:' " i '-
" '' i "t¡" 11'r' "::
''
PLAN 4 (2402) ELEVATIOI.{
(Contemporary)
3-car option
12 '(<<¡ 1
ADDENDUM
TO
MITIGATED NEGATIVE DECLARATION
Date: February 15,2A22
Title: Addendum to the Mitigated Negative Declaration adopted for Tentative Tract Map No. 6490 on May 3,2005, under Resolution No. 05-1727, for Development Agreement No. 21-20 Proiect Description: Development Agreement No. 2l-20 is being proposed for the completion of Tentative Tract No. 6490lacated on the east side of South Mannel Avenue between East Ash Avenue and East Los Angeles Avenue. The City Council of the City of Shafter adopted a Mitigated Negative Declaration and approved Tentative Tract No. 6490, with conditions of approvalo on May 3, 2005, under Resolution No. 05-1727. The Mitigated Negative Declaration evaluated the impact of subdividing 30 acres into 97 single-family residential lots. The originally approved tentative tract map included 99 single-family residential lots ranging in size from I 6,1 74 square feet to 8,509 square feet (net) with an overall average lot size of 9,674 square feet (net). The map has been revised to remove a previously undisclosed easement from the subdivided area, thereby reducing the size of the mapped land by 0.6 acres. The map has also been rcconfigured to eliminate pie-shaped lots on the cul-de-sacs, thereby increasing the total number of lots to 107 ranging in size from 7 ,194 square feet to 18,562 square feet (net). The Planning Director found the reconfigured map to be in substantial conformance on September 7,2021. Condition No. l0 of Resolution No. 05-1727 requires the developer of Tentative Tract No. 6490 to enter into a development agreement with the City of Shafter prior to recordation of the tentative tract map. The purpose of the development agreement is to address minimum dwelling unit size; and park fees, traffïc fees, and other fees and requirements established by the City of Shafter.
Reason for Addendu¡q: According to Section 15164(b) of the State CEQA Guidelines, the City of Shafter may prepare an addendum to a previously adopted Mitigated Negative Declaration if only minor technical changes or additions âre necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent Mitigated Negative Declaration have occurred. The development agreement is only being proposed as required by Condition No. 10 of Resolution No. 05- 1727,which establishes only minor additions that are necessaÍy for the completion of Tentative Tract No.6490.
None of the conditions described in Section 15162 can be attributed to the proposed development agreement. The level of overall development potential analyzed as part of the adopted Mitigated Negative Declaration for Tentative Tract No. 6490 only increases the number of developable lot by ten lots. Because the current proposal does not significantly increase development intensities beyond the levels considered in the adopted Mitigated Negative Declaration, no new or additional impacts are present. The City Council of the City of Shafter will consider the addendum with the adopted Mitigated Negative Declaration prior to making a decision on the revised tentative tract map. The Mitigated Negative Declaration adopted for Tentative Tract No. 6490 is attached to the addendum. In accordance with Section 15164(c) of the Califomia State CEQA Guidelines, an addendum need not be for public and an additional round of public comments.
Forresto Senior Planner
City of Shafter Planning Department
EXIIIBIT 2
iTY
COIVIMUNITY DEVELOPMENT
DEPARTMENT
BUILDING ' ENGINEERING . PLANNING . PUBLIC WORKS
336 Pacific Avenue
Shafter, CA 93263
(661 ) 746-2065
Fax (661) 746-9125
,l
J' R
NEGATIVE DECLARATION
The City of Shafter Community Development Department has completed an initial study (attached) for Tentatjve Tract Map No. 6490. Pursuant to this evaluation, lhe City of Shafter Community bèvetopment Department has determined that the proposed project, as described herein, with mitigation measures, would not have a significant effect on the environment. Therefore, a Negative Declaration with mitigation measures has been prepared for the project. This determination has been made in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guídelines, and the City of Shafter's CEeA Guidelines.
PROJECT NO.: Tentative Tract Map No.6490
COMMENT PERIOD BEGINS: March 30,2005
COMMENT PERIOD ENDS: April28,2005
iMIT|GATION MEASURES (included in the proposed projectto avoid potentialty significant effects, if required):
l.) Noise - see Section Xl (a) under Environmental Effects Evaluation (page 12 of l5).
2.) Transportation and Traffic - see Section XV (a) under Environmental Effects Evaluation (page l3 of r5).
ü'-,r^- 4L^- 7
{unaturc
Wavne Clausen. Senior Planner
Prínted namø
File No. Tentatlve Tract Map No. 6490 Page I of 15
INITIAL STUDY
ENVI RON M ENTAL ANALYSIS
1. Project No.: Tentative Tract Map No. 6490
2. Lead Agency: City of Shafter Community Development Department 336 Pacific Avenue
Shafter, California 93263
3. Contact Person: Wayne Clausen, Senior planner (66f ) 246 - 2065
4. Project Location: The project site is located 15 feet west of the western right-of-way of Highway 43, between Ash Avenue and Los Angeles Street.
5. Applicant: Mark & Susanne Franz, Randall & Pamela Penner, Bob & Sharon Wiebe, p.O. Box 849, Shafter, CA 93263
6. General Plan Designation: LR (Low Density Resídential ) / MR (Medium Density Residentiat)
7. Zoning: R-1 (Low Density Residentiat) lR-2 (Medium Density Residentiat) 8 Descríption of Proiect @escribe the whole aclion invotved, încludlng but not l¡mited to tater phases of the project, and any secondary, support, or off-sìte fealures necessary for frs ¡mplementailon.)i Tentative Tract Map No. 6490: The project is a proposed tentative tract map for 97 single-family residential lots on 30 acres of land.
9 Environmental setting þtiefty describe the existing onsile conditions and sunounding ¡and uses):
The northeast corner of the project site is located fifteen (15) feet west of the western right-of-way of Highway 43. The 30 acre project site contains agricultural land. The property to the north contains the Shafter Youth Center and vacant land. The property to the east contains the Shafter Community Medical and Dental Center. The property to the west and south contains agricultural land.
10. Other public agencies whose approval is anticipated to be required (e,9., permits, financing approval or pañicipation agrcement):
N/A
File No. Tentative Tract Mao No. 6490 Page 2 of 15
ENVIRONMENTAL F,.GTORS POTENTIALLY AFFEGTED:
The environmental factors checked below wo-uld be potentially affected by this project, invotving at least one impact that is a "Potentially significant lmpact" as ináicated uy tne checklist on i¡"'rollä*ing pages:
n Agricultural Resources n Air euality
n cultural Resources [J Geotogy / Soils
D HyOrology / Water euality E Land Use / planning
E No¡se E population / Housing
E Recreation E Transportation / Traffic
E Mandatory Findings of Signifícance
ENVIRON MENTAL D INATION:
On the basis of this initial evaluation
n I find that the proposed project could not have a significant effect on the environment, and a neEatlve declaratlon will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A mifiqated neaaflve declarafion will be prepared.
I find that the proposed project ¡¡gy þave a significant effect on the environment, and an environmental impapt report is required.
I find that the proposed project qy have a "potentially significant impact" or "potentialy significant unless mitigated" impact on the environment, but at least one effect has been (1) adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) addressed by mitigation measures based on the earlier analysis as described on the attached sheets' An envifonmsntal imoact report is required, but it must analyze only the effects that remain to be addressed.
n I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects have been (1) analyzed adequately in an earlier environmental lmpact report or nesative declaratlon oursuant to applicable legal standards, and (2) avoided or mitigated pursuant to that earlier ênvironmental lmpact report or neqative declaration, including revisions or mitigation measures that are imposed upon tÀe proposeO project, nothing further is required.
Wavne Clausen. Senior Planner
Printed name
D Aesthetics
! eiologicalResources
D Hazards & Hazardous Materials
E MineralResources
E puot¡c services
E Ut¡lities / Service Systems
tr
File No. Tentative Tract Mao No.6490 Page 3 of l5
Environmental lssue
Potentlally
Lsss Than
Slgnmcant
w¡th Less Than
Slgn¡flHnt
lmoâcl
Mlt¡gatlon
lncorDoãllon
No
lmoâcf
¡. AESTHETICST Would the project;
ì
") Have a substant¡al adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, lrees, rock outcrops, and historic buildings within a state scenic highway? c) Substant¡ally degrade the existing v¡sual character or quality of the site and its sunoundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
II. AGRICULTURE RESOURGES:
ln determining whether ¡mpacts to agricultural resources are signlficant env¡ronmental effects, lead agencles may refer to lhe California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservalion as an optional model to use in assessing ¡mpacts on egr¡culture and farmland. Would the project; a) Convert prime farmland, unique farmland, or farmland of statewlde importance (farmland), as shown on the maps prepared pursuânt to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Confict with existing zoning for agricultural use, or a Williamson Act contract? c) lnvolve other changes in the existing env¡ronment which, due to their location or nature, could result in conversion of farmland to non-agricultural use? III, AIR QUALITY:
Where available, the significance criteria established by lhe applicable air quality management or air pollution control district may be relied upon to make the follow¡ng determinations. Would the projecl;
a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or proJected air quality violation?
c) Result ín a cumulatively considerable net ¡ncrease of any criteria poltutant for which the projecl region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emiss¡ons which exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant concentrations? e) Croate objectionable odors ãffecting a substantial number of people? I
r
I
t
n
n
tr
tr
I
n
n
n
T
r
I
r
n
n
n
n
u
I
n
I
r
I
t
ü
t_J
n
n
tr
n
u
n
u
tr
I
I
t
t
I
I
ü
n
tr
n
n
lV. BIOLOGICAL RESOURGES: Woufd the project;
a) Have a subslant¡al adverso effêct, either directly or lhrough habitat modifÌcations, on any species identified as a candidate, sensitive, or spec¡al status species in local or regional plans, pol¡cies, or regulations, or by the Califomla Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified Ín local or regional plans, policies, regulations or by the California Department of Fish and Game or US Flsh and Wildlife Service? c) Have a substanlial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited lo, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrolog¡cal interruption, or other means? d) lnterfere substrantially with the movement of any native resident or migratorllsh or wlldllfe species or w¡th an estâblished nalive resident or migratory wildlife conidors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as â bee preservation policy or ordinance?
0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservalion plan? V. CULTURAL RESOURCES: Would the project;
a) Cause a substantial adverse change in the slgnificance of a h¡storicãl resource as defined in sr5064.5? b) Cause a substantial edversè change ¡n the significance of an archaeologlcal resource pursuant to S15064.5? c) Directly or indirectly destroy a un¡gue paleontologlcal resource or site or unique geologlc feature?
n n
n
I
n
n I
I
I
u
u ü
n I]
File No. Tentative Tract Map No.649A Page 4 of 15
Environmental lssue
Potêntla lly
Slgnillcant
Lo$¡ Thån
Slgnllhant
wth Låss Than
Mltlgåt¡on
n tr
n
u
No
any remains.
ll. GËOLOGYAND SOILS: Would the project;
a) Expose people or structures to potential substantial adverse effects, induding the risk of loss, injury, or deãth involving:
i. Rupture of a known earlhquake fault, as delineated on the most recent Alquist-priolo Earthquake Fault Zon¡ng Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (refer to Division of M¡nes & Geology Special Publicalion No.42)
¡i. Shong seismic ground shaking?
i¡i. Seismic-related groundfallure, including liquefaction? ív. Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that ls unstable, or that would become unstable as a result of the proþct, and potentially result ¡n on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in the ciþ's most recently adopted Uniform Building Code, creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or altemative waste water disposal systems where sewers are not available for the disposal of waste water? Vll. HAZARDS AND HAZARPOUS MATERIALS: Would the project; a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to lhe public or the environmenl through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site whlch is inoluded on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people resid¡ng or working in the project area? f) For a project within the viciniþ of a private airslrip, would the project result in a safeÇ hazard for people residing or working in the project area?
S) lmpair implementatlon of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
h) Expose people or skuctures to a significant risk of loss, injury or death involvlng wlld land fires, including where wild lands are adjacent to u¡banized areas or where residences are intermixed with wild lands?
VIll. HYDROLOGY AND WATER OUALITY: Would the projecl;
a) Violate any water quality standards or waste discharge requiremenb? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the locâl groundwater table level (e.9., the produclion rate of pre+xisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permlb have been granted)?
c) Substantially alter the ex¡st¡ng drainage pattern of the slte or area, lncluding through the alteration of the course of a streem or river, in a manner which would result in substant¡al erosion or siltation on- or off-site?
d) Substantíally alter the existing drainage pattem of the site or area, including through the alte¡ation of the course of a slreem or river, or substantially increase the rate or amount of surface runoff in a manner which would result ln flooding on- or off-site? e) Create o¡ contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substanlial additional sources of polluted runoff? f) Otherwise, substantially degrade water quality? 9) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazerd Boundary or Flood lnsurance Rate Map or other flood hazard delineation map? h) Place within a 100-yearflood hazard area, slructures which would impede or redirect flood flows?
tr
n
n
n
tr
I
I
r
I
I
t
I
I
D
n
!-1
tt
n
u
T
I
I
I
T
r
t
tr
il
D
tr
D
u
n
n
ü
n
n
n
n
rl
ü
n
!
n
n
n I
t
:
I
I
I
I
I
I
tr
tl
n
ü
tr
trn
T-t U
n
Environmental lssue Less Than
Potentlally
SlOnlÍænt
wrh
or toa injury or
as a result of the failure of a levee or dam?
, by tsunami, or mud flow?
lX. LAND USE AND PLANI'¡ING: Would the project;
a) Physically divide an established community? b) Conflict with any applicable land use plan, polícy, or regulation of an agency with jurlsdiction over the project (including, but not limited to the general plan, specifìc pian, local coastal progrâm, or zoning, ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
c) Conflict with any applicable haþitat conservation plan or natural community conservation plan?
X. MINERAL RESOURCES: Would the project;
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the stale? b) Result in the loss of availability of a locally-important mineral resource recovery site that is ctelineated in a local general plan, specific plan or other land use plan? [p!SE: Would the projectresult in;
a) Exposure of persons to or generation of noise levels ¡n excess of stiandards established in the local general plan or noise ordinance, or applicable stândards of olher agenc¡es? b) Exposure of persons to or generat¡on of excessive ground-borne vibration or ground-bome noise levels?
c) A substantial pemanent increase in ambient noise levels in the project vicinity above levels existing wíthout the project?
d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without lhe project?
e) For a project located within en airport land use plan or, where such a plan has not been adopted, w¡thin two miles of a public airport or public use airport. would the project expose peoplê residing or working in the project area to excessive noise levels? Ð For a project withín the vicinity of a private a¡rstr¡p, would the project expose people residing or working in the project area to excess¡ve noise levels? Xll" POPULATION AND HOUSING: Would lhe projecq
LBss Than
S¡gnltlcent No
I
t
¡
I
I
tr
tr
n
tr
n
u
n
n
tr
n
n
n
i)
t
I
I
I
r
I
I
I
u
LI
n
ü
n
u
n
I
f-l
L-J
n
u
n
n
n
n
n
tr
u
il
tr
u
n
tr
a)
b)
c)
lnduce subst¡antial population growth in an area, either directly (e.g., by proposing new homes & businesses) or indireclly (e.9., through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing efsewhere?
Displace substantial numbers of people, necessitating the consfuc'tion of replacement housing elsewhere?
XIII. PUBLIG SERVICES:
al Would the project result in substantial adverse physical impacts assodated with the provision of new or physically altered govemmental facil¡ties, need for new or physically altered govemmental facilities, lhe construction of which could câuse sign¡f¡cant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectlves for any of the public services;
i, Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?
XlV. RÊCREATION: Would the projectr
a) lncrease the use of existing nelghborhood and regional parks or other recreational facllities such that substantial physical deterlorat¡on of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the const¡uction or expanslon of recreational facilities which might have an advers€ physical effect on the environment? I
T
:
I
I
n
ü
U
u
n
ü
n
n
il
n
n
I
I
D
File No. Tentatlve Tract Map No. 6490 Page 6 of 15
n
Environmental lssue L6ss Than
Slgnlll€nt
wth
Mltlgãtlon
Less Than
Slgnlfí€nt
lmôaêl
No
lmoeci
XV, TRANSPORTATION/TÊAFF|C: Woutd the project;
a) Cause an increase in traffic which is subslantial in relat¡on to the existing lraffic load and capacíty of the street system (i.e., result in a substanlial lncrease in eithãr ne num¡ei of . .
vehicle trips, the volume lo capacity ratio on roads, or congestion at intersections)? b) Exceed, eilher individually or cumulal¡voly, a level of sãrvice "iãnOãiJ
established by the county conge$tion management ãgÊncy for deslgnated roads or hlnhwavs? c) Result in a change in ak traflie patlems, including either an ¡ncieásã in tralfic levels or a change in location that ¡esults in substantial safeg risks? d) Substantlally increase hazards due to a deslgn feature (e.g., sharp curves or dangerous .
lntersections) or lncompatiþle uses (e.g., farm equipmenl)?- - e) Result ín inadequate emergency access?
f) Result in inadequate parking capacity?
s) Conflict with adopted policies, plans, or programs supporting altemative trânsportation (e.g., bus turnouts, bicycle racks)?
XVl. UTILITIES AND SERVICF SYSTEMS: Woutd the project;
a) Exceed wastewater heatment requlrements of the applicable Regional Water eual¡ty Control Board?
b) Require or result in the c¡nstruction of new water or wastewater treatment facilities or expansion of existing facilities, the conslruclion of whích could cause significant environmental effects? c) Requlre or result in the constructlon of new storm water drainage facilities or expânsion of .
existing f,acillties, lhe construcl¡on of whlch could cause signÍlicanienvironmental effecls? d) Have sufficient water supplies available to serve the proJect from existing entilements and resources, or are new or expanded entiíements needed? e) Result in a determinalion by lhe wastewater treatrnent provider whlch serves or mäy serve the proieçt lhät ll has adequate capaolty to serve the prpject's projoçted démand in ãdd¡tion to the provlder's exisl¡ng comm¡trnçnûe?
0 Be served by a landfill with sufficient permitted capaclty to accommodate the projecfs solid waste disposal needs?
s) comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANGE:
a) Does the project hav_e the potenlial to degrade the quallty of the environment, substant¡ally reduce the hâb¡tat of .a fish or wildlife specíes, cause a llsh or wlldlife popuiation to droi below self-sustaining levels, threaten to eliminate a plant or animal community, reduce thä number or restrict the range of a rare or endangered plant or animal or eliminäie important examples of the maJor periods of Califomia history or preh¡story? b) Does lhe project have impacts that are individually limltod, but cumulalively ronsiderâbl€? ('cumulatively considerable" means lhat the inoremental sffects of a project arê considerable when viewed ¡n connection w¡th the effects of past projecb, ttre bffécæ of other cunent projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effecb on human beings, either directly or indirectly?
tr
n
I
I
I
I
I
I
I
:
I
r
I
r
r
ü
ü
x
ü
tr
LJ
n
T
¡
n
I
tr
n
D
u
tr
n
tr
tr
n
n
n
¡
tr
u
:
I
I
ü
n
n
n
ü
il
tr
tr
File No. Tentative Tract Man No. 6490 Page7ofl5
EVATUATION OF ENVIRONMENTAL EFFECTS
AESTHETICS
a. The project site is not designated under the City of Shafter General Plan as visually important or "scenic". The area does not contain any public scenic vistas. b. The project site does not contain any trees, rock outcroppings, or historic buildings withín a state scenic highway. The project site is not adjacent to a designãted "scenic" state highway. No signíficant impacts are noted.
c. The project is only proposing a tentatíve tract map for 97 single-family residential lots on 30 acres of land. Therefore, the project would not substantially degrade the exisiing visual character or quality of the síte and its surroundings.
d. The project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. Light from future development on the site would not substantiaily affect views in this area either at night or daytime as the light generated would be typical of urban development. Typical development standards as required by the zoning ordinance address the issue of tilirt and glare, No significant impacts are noted.
AGRTCULTURE RESOpRGES
a. The project is only proposing a tentative tract map for g7 single-family residential tots on 30 acres of land, State CEQA Guidelines, Section 15206 does not regard the cancellation of gg acres or less from the Williamson Act to be of statewide, regional or area wide significance. The project site ís not under a Williamson Act contract and the proposalwould not convert 100 or more acresof farrnland.
Therefore, the project would not have a significant adverse impact on agriculture resources. b. The 30 acre project site is currently designated and zoned for low density and medium density residential development. Therefore, the proposal would not conflict with any existing agricultural zoning. The project site is not under a Williamson Act contract. Therefore, the proposãl would not have a significant impact on agricultural resources.
c. There are no special attributes of this project site, retated to location or nature that would cause or could result in the conversion of farmland to non-agricultural use. This project is in an area generally designated for urban development by the City of Shafter General Plan. The project itself is typical oi the development found in the City of Shafter which should not, by its specific nature, resull in the conversion of farmland to nonagricultural uses.
AIR QUALITY
a. The San Joaquin Valley Unified Air Pollution Control District encourages localjurisdictions to desígn all developments in ways that reduce air pollution from vehicles, which is the largest single categoiy of air pollution in the_San Joaquin Valley. The Guide for Assessing and Mitigating Air euãtity tmþacts promulgated by the San Joaquin Valley Unified Air Pollution Control District, (page 16 and Section 6) list various land uses and design strategies that reduce air quality impacts of ñew development. Local ordinance and generalplan requirements, related to landscaping, sidewalks, street improvements, level of traffic service, energy efficient heating and cooling building code requirements, and location of commercial development in proximity to residential development is consistent with these listed strategies. This project is subject to the full range of local ordinances which ensure compliance with these air quality strategies. No significant impacts are noted as implementation of existing ordinances and rules would reduce impacts to less than significant. b, The project would not violate the air quality thresholds set forth on page 26, Table 4-l (Ozone Precursor Emissions f!1es!o!ds for Project Operations ROG 10 tons/year, Nox 10 tons) of the San Joaquín Valley Unified Air Pollution Control District's Guide for Assessing and Mítigating Air euality lmpacts. The project is only proposing a tentative tract map for 97 single-family reê¡¿eñtial lots on 30 acres of land. Also, the project site is not within the distance triggers noted in iable 4-2 (project screening trigger levels for potential odor sources) of the same document: Guide for Assèssiñg and il.
ilt
File No. Tantalive Tract Map No. 6490 Page I of 15
tv.
V
Mitigating Air Qualir, rmpacts. The dust suppression measures tsred as Regulation Vlll are required for all construction in the City of shafter anà äre regardeo uy tne san ¡oaqùi"n vaiËy uniriuo ni, Pollution control District as sufficient measures to reduce pi¡-lo impacts to tevJsJåss uan significant. c. The project wíll not increase any criteria pollutant (for which the Southern San Joaquín Valley is nonattainment) blyond lhe level of significance¿s defined by the san Joaquin v"llry Unífied Air Pollution Control District (see answer in lll.b.). Therefore, thä proposal woúld not resutt in a cumulatively considerable net increase of any críteria pollutant. d. There is no evidence that this project creates any pollutant "hot spot" that would expose sensitive receptors to substantial pollution receptors. The only potential "hot spots" are locãtðà at intersections t!3t are'severely" congested. There are no adjaceñt'intersections wh¡ch are at a level of service "F" arìd therefore by definition no significant poilutant "hot spot" impacts are ¡oenlir¡ão for this Project - see answer lll. b. above. e. The land use proposed, by the project would not.create any objectionable odors. This proposat is not on the list of those land. usesge_nerally regarded as the tyfe tó have site odor problems (ior the list of facilities please see Table 4-2, San Joaquin valley unitied Air Pollution control District Guide for Assessing and Mitigating Air Quality lmpacts). See answers lll. a. and lll. b. above. Therefore, the proposal would not have an adverse impact on the environment
BIOLOGICAL RESOURCES
a. The project site has been under intensive agricultural cultivation for many years. The project site is located in close proximity to existing urban uses. The project site does noi contain any häOitat tnat would be utilized by s-ensitive or listed species. Therefore, the proposal would not have any significant adverse effect on biological resources.
b. The project site does not contain, or is located near, any riparian or other sensitive natural habitat.
The proposal would not impact any sensitive habitat.
c. There are no wetlands adjacent to or near the project site. The proposal would not have a significant impact on any wetlands.
d. There are no wildlife corridors or native wildlife nursery sites on or near the project site. Therefore, the proposal would not have any significant adverse effect on biological resòurces. e. The proposal would not conflict with the Environmental Management program (Section lV) of the City of shafter General Plan whích addresses wildlife/botanicd reèources. f. There are no other adopted plans which are applicable to this area which relate to biological resourcês, see answer to lV.e. above.
CULTURAL RESOURGES
a. There are no resources on or near the project site that are listed in or determined to be eligible by the State Historical Resources Commission for listing in the California Register of Historical Resources (Public Resources Code Sec. 5024.1, Title 14 CCR Section 4850 ef. sãq.). There are no resources on or near the project site which are listed in a local register of historical resources, as defined in Section 5020.1 (k) of the Public Resource Gode. There are no significant historicai resources meeting the requirements of Section 5024.1(g) of the Public Resources Code. See discussion ín V.b. below.
b. There are no existing structures on the project site. The project site has been under intensive agricultural cultivation for many years. The Environmental lmpact Report prepared for the C1y of Shafter General Plan reports no historic or prehistoric resources on oi near the project site.
Therefore, the proposalwoutd not have any significant adverse effect on culturat rurour"es.
File No. Tentative Tract Map No. 6490 Page 9 of 15
vt.
c. The Environmental lr,.pact Report prepared for the City of Shafter ,.:eneral plan reports no paleontological resources on or near the project site, There are no unique geologic features on or near the project site. No significant impacts are noted. d. The proposal is not anticipated to dísturb any human remains. However, if human remains were discovered during grading or construction activities, further work would be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. lf Native American remains are identified, Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California public Resources Code specify the appropriate actions required for addressing Native American remains.
GEOLOGY AND SOILS
a.i. The project site and surrounding area are relatively flat. There are no known active faults within the project site. The project site is not located in an Alquist-Priolo Zone. Future residential structures proposed on the project site wíll be constructed in accordance with the Uniform Building Code, and will adhere to all modern earthquake standards, including those relating to soil characteristics. There are no issues regarding the proposaland geologicaland soil resources.
See answer to Vl,a.i
Liquefaction potential is a combination of unconsolidated soil type and high ground water combined with high potential seismic activity. This project site does not demonstrate the three attributes necessary to have a potentially significant impact. See also the answer to Vl.a.i. a.iv. See answer to Vl.a.i.
b. The project site is relatively flat. Grading and construction activities associated with the project would not result in substantial soil erosion or loss of topsoil. c. See answers Vl. a.i., Vl.a.iii. & Vl. b.
d. The project site contains Wasco sandy loam which is not an expansive soil. e. Future development on the project site would be required to connect to municipal sewer lines.
VII. HAZARDS AND HAZARDOUS MATERIALS
Future on-site residential uses would stock or use common household solvents and cleaners, automotive fluids and chemicals and fertilizers used in landscaping. These materials would not be supplied in a substantive quantity that would result in a significant hazard to the public. No uses are proposed that would result in the routine transport, use, or disposal of hazardous materials. b. The project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. See answer to Vll. c.
c. The project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. The project would not result in any uses that emit significant hazardous emissions or require handling of large quantities of hazardous materials.
d. The project is not located on any site catalogued on the most recent hazardous materials list compiled pursuant to Government Code Section 65962.5. No significant impact is identified. e. The project site is not located within an airport land use plan. f. The project site is not located within 5,000 feet of the runway of any private airstrip g. Construction of the project site would not interfere with any local or regional emergency response or evacuation plans because the project would not result in a substantial alteration to the adjacent and area circulation system.
4.il.
4.ilt.
File No. Tsntatlve Tract Map No. 6490 Page l0 of 15
h. There are no wildlar'-s located a-djacent to or near the project site. No significant impacts are identified.
HYDROLOGY AND WATER QUALITY
a. The proposed project would be implemented in accordance with all applicable water quality standards and waste discharge requirements, which will ensure that the quality ãhd quantity of surface water flowing from the site would not be substantially affected. b. The proposed development would not result in a need for significant additional systems or substantially alter the existing water utilities in the area. Expãnsion of all water ui¡l¡ties woutd be required to serve the project site, but the impact is not consìdered significant. c' There are no streams or rivers on the project site; existing drainage patterns will not be altered to a significant degree. All development within the City of Shafter is required by ordinance to comply w1h an approved drainage plan (for every project) which avoids on and off siteilooding, erosion and siltation problems. The impact is not significant.
d. See answer to Vlll.c.
e. See answer to Vlll.c.
f. See answer Vlll.a.
g. The project site is not within a 10O-year flood hazard area as delineated by the Flood lnsurance Rate Maps prepared byfhe Federal Emergency Management Agency (FEMA). Therefore, potential flood hazards are considered to be less than significant at the project site. h. See answer Vlll.g.
i. See answer Vlll.g. There are no levees or dams in the general area that would impact the project site.
j. The project site is located in an inland valley, a considerable distance from the coasfline or a large inland body of water, which precludes the hazard of a tsunami or seiche. There are no existing drainages in the vicinity that could carry a mudflow to the site. Therefore, site inundation by a éeiche, tsunami, or mudflow is highly unlikely, and project implementation would have no impact relative to seiches, tsunamis, or mudflows.
LAND USE AND PLANNING
a. The project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. Therefore, the proposal would not physically divide the city of shafter. b. The project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. Therefore, the proposal would not conflict or obstruct the implementation of the City of Shafter General Plan or City of Shafter Zoning Ordinance.
c. See answer to lV.a., lV.e., lV.f.
MINERAL RESOURCES
a. The project site is not located within a state designated oil field or within an area of other important mineral resources.
b. See answer to X.a.
vil.
tx.
x.
File No. Tent?llve Tract Mao No. 6490 Page 11 of15
xl. NorsE
a. The project site is located 15 feet west of the western right-of-way line of Highway 43. A six (6) foot high masonry block wall is proposed along the western, southern, and mosiof thä northern pèr¡m"t", of the proposed subdivision; however, no block wall is proposed at the northeastern corner of the subdivision or along the eastern perimeter of the project síte. To ensure that noise levels from Highway 43 do not exceed the noise standards of the City of Shafter General plan Noise Management Program (Section V), the developer will be iequired to construct a six (6) foot high masonry block wall along the entire northern and eastern perimeter of the proposed'subdivisiõn. The mitigation measure would reduce the exposure to noise fròm Highway a3 t'o a level that is less than significant' Therefore, development of the project site would no[expóse persons to noise in excess of those standards found in the Noise Management Program (Section V) of the City of Shafter General Plan. Also see answer to Xl.f. The proposed mitigation measure is as follows:
_Mitigation Measure:
l-) A six (6) foot high masonry block wall shall be constructed atong the northern and eastern perimeter of Tentative Tract Map No. 6490.
b. See answer to Xl.a.
c. See answer to Xl.a..
d. See answer to Xl.a.
e. The project site is not located within an airport land use plan. Therefore, the proposal would not expose people to excessive airport related noise levels. f. This project is not located within the vicinity (5,000 feet) of any private airstrip and therefore would not expose people residing or working in the project area to excessive noise levels.
XII. POPULATION AND HOUSING
a. The project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. Therefore, the proposal would not induce any substantial growth in the area. xilt.
b. The project site is currently vacant. The proposal would not displace any existing housing. c. The project would not result in the displacement of any persons. See answer to Xll b. above.
PUBLIG SERVIGES
a.i. Fire protection services for the City of Shafter are provided by Kern County. The proposed tentative tract map for 97 single-family residential lots on 30 acres of land would not adversely impact the planned fire protection services for the project site.
a.ii. Police protection will be provided by the City of Shafter Police Department. The proposed tentative tract map for 97 single-family residential lots on 30 acres of land would not adversely impact the planned police protection services for the project site. a.iii.For school services, the proposed tentative tract map for g7 single-family residential lots on 30 acres of land would not result in substantial adverse impacts for future school services. Pursuant to Government Code $ 65995, 65996, and 65997, as amended and effective on November 4, 1998, local agencies are prohibited from denying or refusing to approve a project on the basis of adequacy of school facilities. To address impacts from future residential development on the project site, future development proposals will be subject to payment of statutory fees aulhorized under Education Code S 17620 and Government Code S 65995, 65995.5, 65995.6, and 65995.7, as amended and effective on November 4, 1998. The fees are collected at issuance of building permits. Although authorized, no Kern County school district has yet adopted alternate higher fees than stated above. Any alternate higher fee would be based on the method and evidence as required by the Government Code. No impact has been identified.
File No. Teßtalive Tract Map No.6490 Page 12 of 1 5
a'iv' For parks, the City of Shaþ collects park development fees or accepts land dedications related to residentíal developments. The fee is íntended.to mitigate impacts by providing t nJing to construct new parks' Compliance with the park land and the pár oevåtopment fee ordinance ensures that parks are provided and built in accordance wilh City standards as described in the Generat plan.
No impact has been identified.
a'v'Other publíc facility improvemenls from the proposed development and eventual buildup of this area will result in an increase in maintenance responsibility for lhe city of shafter. Thesã increases ¡n services are not deemed significant. xtv. RECREAT¡ON
XV
xvr.
a. See answer to Parks, (Xlll.d.).
b. See answer to Parks, (Xlll.d.).
TRANSPORTATION AND TRAFFIC
a. Approximately 100 peak hour trips will be generated by the project. A large proportion of the trips are expected to impact the Highway 43 intersections at Ash Avenuê and at Lõs Àngetes Street. A proposed 81-unit apartment complex is located directly west of the project site (CUe No. 03-18). At the intersection of Highway 43 and Ash Avenue, improvements inOuaiñg constiucting a standard public road connection, left-turn channelization, and intersection lightingiare requiredäs development conditions for CUP No. 03-18 (i.e., the apartment complex). To ensursthat theintersection at Los Angeles Street and Highway 43 is not impacted at the completion of both the proposed project and said 81-unit apartment complex, the developer will be required to pay his or här proporti'onáte share to complete the intersection at Ash Avenue and Highway 43. This mitigation meäsure will reduce potential impacts to the Highway 43 intersections at Ash Avenue an¿ at Los Angeles Street to a level that is less than significant. Therefore, the proposed project would not have an! significant adverse impact on transportation and traffíc. The proposed mitigation measure is as foliowi Mitiqation Measure:
1.) The dev_eloper shall pay his or her proportionate share to complete the intersection at Ash Avenue and Highway 43.
b. See answer to XV.a.
c. There is no air traffic issue associated with the proposal. d. All road improvements are subject to compliance with accepted traffic engineering standards which are intended to reduce traffic hazards. There are no incompatible uses wñich havä been identified with this project. No significant impact noted.
e. The proposal would not impact any emergency rnanagement agency's ability to access the area regarding ernergency situations. No significant impact noted. f. The zoning ordinance requires that parking appropriate to each type of land use be provided. No significant parking impacts specific to this project have been ¡oentitieo. g. The project is not anticipated to be inconsistent with any policies or programs supporting alternative transportation. No significant impact noted.
UTILITIES AND SERVICE SYSTEMS
a. Future residential development of the project site would be connected to sanitary sewer and woutd meet all of the requirements of the Regional Water Quality Control Board. No pótential significant impacts have been identified.
File No. Tentatlve Tract Man No. 6490 Page 13 of 15
xvil
b' Future residentlal o-. /elopment of the project site woufd not resurr rn lhe need for significant additional systems or substantially after the existing water or wastewater facilitíes. gipånãion"of all utilities would be required at the time of development, but the impact is not consiãele¿'sián¡n""nt. c' Almost all new development requires the construction of new storm water facilities, the construction of which is typically an extension of the existing system. This incremental improvement ¡s not consídered to be a sígnificant impact. d' The proposed development would not result in a need for significant additional systems or subslantially alter the existing water utilities in the area. Expänsion of water utilíties would be required at the time of development, but the impact is not considered signific;i. -- ' e' The City of Shafter is the waste water treatment províder and has indicated there is sufficient capacity in the existing plant to serve this project. No signíficant impact is noted. f' The ShafterÂffasco Landfill seryes the City of Shafter area. The facility is located on Scofield Road about B miles west of shafter and 1 mile.north-of Lerdo Highway. The landfiil oes¡gn and operations are consistent wilh State Minimum Standards for Solid waéte Händlíng and oisfàãi"s determined by the Local Enforcement Agency. The landfill will not need significan-t new o,. årori"nti"ly, attered facilities to accommodate this project. No significant impact is noted.
S. The project will not breach published national, state or local standards relating to waste reduction, litter control or solid waste disposal. See answer to XVl.f. No signifïant impact is noted.
MANDATORY FINÐINGS OF SIGNIFICANCE
a. The project is only proposing a tentative tract map for 97 single-family residential lots on 30 acres of land. Based on the above evaluation, the proposal would not OegraO-e the quality of the environment, substantially reduce a1¡ h.fitat or impact sensitive or listed specìes, or et¡minaté important examples of the major periods of Calífornia history or prehistory. Thereiore, the proposal would not have any significant adverse effect on the environment. b' As described in the responses above, the proposal has no impacts that would be defined as individually limited but cumulatively considerable. The project is only proposing a tentative tract map for 97 single-family residential lots on 30 acres of land. c. As described in the responses above, the proposal would not adversely impact human beings, either directly or indirectly.
File No. Tentativa Tract Map No.6490 Page l4 of 15
REFERENGE LIST
city of shafter General Plan and Appendices, Volume l, september, 1gg3.
Gity of Shafter General Plan Final Environmental lmpact Report, Volume il, September, i993.
Title 17, Zoning Ordinance, City of Shafter Municipal Code Title 16, Subdivision Ordinance, Gity of Shafter Municipal Code Guide for Asgegsing and Mitigating Air Quality tmpacts, san Joaquin valley Air pollution controt District, January 10,2002, as updated.
r.)
2.1 3.)
4.)
5.)
Flle No. Têntatlvø Trdcl Map No. 649A Page 15 of 15
COMMUNITY DEVELOPMENT DEPARTMENT
BUILDING' ENGTNFFRIN? . ?LANNTNG . pUBLtCtlyoRKS
336 Pacific Avenue
Shafter, CA 93263
(66r) 746-2065
Fax: (661) 746-9125
TO: Responsible or lnterested Agencies
RE: Notice of Public Hearing and lntent to Adopt a Negatire Declaration for Tentative Tract Map No.6490
Pursuant to the California Environmental Quality Act (CEQA), the City of Shafter, as lead !9e¡cy, has prepared a Negative Declaration for the project identilled in the-attached lnitial Sfudy. We would appreciate the views of your agency as to the scope, content, and adequacy of the environmental information which is applicable to your agency'è statutory responsibilities in connection with the proposed project. Your agency may need to uêe thís Negatiw Declaration when considering any permits or other approvals needed for the project.
The 30day public review period for the Negative Declaration will begin on wednesday, March 30, 2005, and end on Thursday, April 2g,2oos. pleasõ send your response to Wayne Glausen, the project planner assigned to this case, at the Cityof Shafter Community Development Department, 336 Pacific Avenue, Shafter, CR ggZOg. ln your response, please include the name of the contact person in your agency.
Pursuant to the California Environmental QualityAct (CEQA) and planning and Zoning Law of the California Government Code, notíce is hercby given that a hearing accLptíng tes{imony regarding said Negative Declaration and proposed tentative tract map wiil UJfreU before the Planning Commission of the Gity of Shafter on Tuesday, April 12, ZiOS, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambens of Shafter CiÇ Hall, 336 Pacific Avenue, Shafter, Calífornia, 93263. The Shafter City Council is tentatively scheduled to consider the Negative Declaration and proposed project in May, 2oos.
For more information, please call the Cityof Shafter Community Development Department at (661) 746-2065.
Sincerely,
March 29,2005
Senior Planner
I
b
E
I
ü
¡
I
d
b
¿
t
I
¡
&
å
b
It
I
I
¿
Ê
{
E
¡ rÍ¡
I
ËÍ
I
I
ä
4 ¡
è
I
I
I
¡
t
4 5
ê
t
rt
Ê
¿
(
E
e
I
e!
q
É
¡
>l
6 L
o
6 ¡lv)
t
o
z
z
o
N
È
o
,*tffi
$ff,,t l
¡
ù
.Ë , ã
,åågggåsssåËË
*EãEt8cå-rRb¡
o
z
lr.l
o
l¡.¡ J
o
z
z
o
N
.::._
it, '. . ,.1*ç: :'
,,.
TEM; fTl/E TRACT l.lO. 6490 ff ffilÆ@8- ^ñù6t¡sEtws@*tEÉFdßËEñ UøffidhffiolsÐt@i['¿lE¡4 mr¡qffirGñÆc@ trN&Ð ¡rut&vq Cl¡¡ OF
SHAFTER
t-I
ffiơffi
'{s
f
¡
u¡E¡q¡þrâÈfr
TIIII øildE5ffiÉ sm5fr{Ð mtÉ
ÉEù¡ÚlEiM a.F(!sffi¡relel GAnffiæ@
ITT
III
:.6 -- ffiffi
I
I
a
I
I
I
I
I
I
t
ril
3 I
t
I
I
I
i
I
t
I n$Ía I
I r<Pl
Ë,
{ri 'üi
À'
o
I
F*
rð
bJ
MAFOFKCtt
1 A$t At/EtE
a
B\/v\
r.{¿
)
----.-Jø
r
,
3 Ë
I
t
r3{-t
EXBIIÍ¡ FArù --
Ê¡u rllLluÞ
lf,illülllllilFfl¡ T
r
C'
taü^il1Ì¡srnts tlrtGqilÇllrFlli
tm3
20 sf
76,1 s34
19s9S7 I
É
g:r¡t _- só!l
m
t92t 18 6Ê sF 4A H56
rzY
roS ã
¡
È
¡¡26
sr 50
¡{
Ësg
7A
tacl
!F I srl r+?. ¡
nn õ2
5F ialE40 h fg sF I
'5 "" ee26 53 $ rzË
Has
9s+ 119
ë$ 90
¡r $
roH
æ¡c 91
SF
F
e¡,07
*
60 ¿ú
d¡7
EF
59 Ãú
e¡to7 s
56 Ã15
E
W \
-T-
&ilñ
(*
EXFIIIOIICATFED
---
onctt p
TO
NOTICE OF DETERMINATION
County Clerk, County of Kern FROM:
1116 Truxtun Avenue, l't Floor
B akersfield, Califomi a 93 30 I
CITY OF SHAFTER
Planning Department
336 Pacific Avenue
Shafter, California 93263
Office of Planning and Research (If the project requires state approval) P.O' Box 304a @.S. Mail) 1400 Tenth Street, Room 222 (overnight delivery) Sacramento,Califomia 95812-3044 Sacramento,California 9SBl2 SUBJECT: Filing ofNotice of Determination in Compliance with Section 27752 of the Public Resources Code.
State Clearinghouse Number
(If subnittecl to SCH): z'oa¿'o3tt f i
Contact Person: Telephone Number:
Project Title: Tract 6490
Project Location (Include County): The projecf site is generally located on the northeast comer of Los Angeles Avenue and Mannel Avenue (extended) within the City of Shafter. Section 15, T. 28 S., R 25 8., MDM, City of Shafter, County of Kern.
Project Description: The applicant is requesting approval ofa 99 buildable lot subdivision. Proposed parcel sizes range from 8,002 square feet to about 13,936 square feet. The general plan designation and zoning on the site is LR (Low Density Residential) and R-l (Residential Low Density).The site is located on the north side of Los Angeles Avenue , which is designated as a collector (92 foot right-oÊway), and is on the east side of Mannel Avenue which is designated as a collector but will be developed as a modified local sheet (68 foot right-oËway). Water and sewer will be provided by the City of Shafter.
This is to certify that the City of Shafter approved the above described project on Mav 3. ?005. and made the following determinations:
l. The project will NOT have a significant effect on the environment
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.
3. Mitigation measures tvere made a condition of the approval of the project.
4. A Statement of Overriding Considerations was NOT adopted for this project
5. Findings were NOT made pursuant to the provisions of CEQA.
6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR (with corunents and responses) or Negative Declaration are specified as follows:
Planning Department, Shafter Cify Hall,336 Pacihc Avenue, Shafter, Califomia 93263 Date: {-3 -a5 Signature:
Date Received for Filing:
CTTYIRVPUB I 2003 / 3 12864
Title: PlanningDirector
FORM "F''
CF-RT FICATE OF FEE EXF.M TION
De Minimis Impact Finding
Project Titlellocation (include county): The project site is generally located on the northeast corner of Los Angeles Avenue and Mannel Avenue (extended) within the City of Shafter.
Name and Address of Project Applicant: California Land Surveys and Mapping, 2623 F Street, Suite C. Bakersfield, CA 93301
Project: The applicant is requesting approval of a 99 buildable lot subdivision. The general plan designation and zoning on the site is LR (Low Density Residential) and R-1 (Residential Low Density). The site is located on the north side of Los Angeles Avenue, which is designated as a collector (92 foot right-of-way), and is on the east side of Mannel Avenue which is designated as a collector but will be developed as a modified local street (68 foot righfof-way).
Findings of Exemption:
1. An Initial Study has been prepared by the Lead Agency to evaluate the project's effects on wildlife resources, if any.
2. The Lead Agency hereby finds that there is no evidence before the Authority that the project will have any potential for adverse effect on the environment.
3. The project will not result in any changes to the following resources:
(A) Riparian land, rivers, streams, watercourses and wetlands; (B) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife;
@) Rare and unique plant life and ecological communities dependant on plant life; (D) Listed threatened and endangered plants and the habitat in which they are believed to reside;
(E) All species listed as protected or identifred for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder; (F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside; and (G) All air and Ìvater resources, the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that aft and water.
CERTIF'ICATION:
I hereby certify that the Lead Agency has made the above finding(s) of fact and based upon the hitial Study and the hearing record the project will not individually or cumulatively have an adverse wildlife as defined in Section 7I1.2 of the Fish and Game Code Lead
Title: Planning Director
Lead Agency: City of Shafter
Date:May 3,2005
# City of Shafter
SI{AFTER COUNCIL AGENDA REPORT
Meeting Date: March 15,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT LICENSE AGREEMENT WITH AMERICAN REFUSE FOR USE OF
FORMER CORPORATION YARD
RECOMMENDATION
Council find the proposed activity is exempt from the California Environmental Quality Act; approve a license agreement with American Refuse for temporary use of former City Corporation Yard located at 550 North Shafter Avenue (Kern County Assessor Parcel No. 028-010-I2) subject to review and approval by the City Attorney; and authorize the City Manager to execute said license agreement on behalf of the City.
BACKGROUND
The Council previously adopted an ordinance to authorize entering into a solid waste collection franchise agreement with American Refuse that covers trash and recyclables residents within the Core City service area. The transition from a trash-only service by City crews to a three-cart service will involve replacing all existing City-issued trash containers with new containers by American Refuse. Such a transition would benefit from a centrally-located site for container storage loading and storage. Staff previously informed the Council that the former City Corporation Yard site, located at 550 North Shafter Avenue, would be ideal for such an operation.
Some interior space could even be used for American Refuse employees to conduct business and have office hours for the public to ask questions about or report issues with their new three-cart service.
The City Attorney recommends that the City authorize this temporary use via a temporary license agreement. Such an agreement requires American Refuse to indemnify the City for its use and provide adequate insurance. The license agreement has been prepared and, upon Council approval, can immediately be put into effect so American Refuse and Staff can start working on the planned service transition.
American Refuse will not be providing monetary compensation for the temporary use of the property since they are assisting the City in meeting its Senate Bill 1383 obligations and the City's local recycling programs. As such, the City is being provided public benefits that compensate it for the use of the property.
MANAGEMENT REPORT
License Agreement with American Refuse for Use of Former Corporation Yard
FISCAL IMPACT
Costs to prepare the proposed license agreement can be covered with existing Refuse enterprise operations accounts. Costs to operate and maintain this City-owned site will be the responsibility of American Refuse. No budget action is required.
CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 1537S(bX5) of the CEQA Guidelines. There would be no direct or indirect physical changes to the environment because the City currently handles solid waste in the City and the action would transfer the responsibility to American Refuse, Inc. without an expansion of the activity.
ALTERNATIVES
The Council can reject the recommended action, particularly if it desires to preserve the former City Corporation Yard site for other uses. However, there are no immediate or potential plans for alternative site use. As previously stated, this particular site is ideal for optimizing the solid waste collections service transition from the City to American Reuse. Therefore, alternative action is not recommended.
ATTACHMENT
1. Draft License Agreement
-2-
LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into on 2022 ("Effective Date") by and between the City of Shafter, a public body, corporate and politic ("Shafter"), and
-,
a Califomia corporation ("Licensee"). Shafter and
Licensee are sometimes referred to herein individually as "Party" and collectively as "Parties." Recitals
A. Shafter owns that certain real property generally located at 275 W. Paramount Street, Shafter, California, as further described by the Kern County Assessor as Parcel Numbers 028-010-12 and shown in Exhibit "A" (the "Property"); and B. Licensee desires to obtain a temporary license for the limited purposes of entering and using the Property for the staging, storage, and distribution of refuse collection carts for implementation of automated refuse collection pursuant to the refuse and recycling franchise agreement between the Parties; and
C. The use of the Property by Licensee as described above will i) expedite the implementation of organics recycling in compliance with Shafter's requirements and deadlines under State law, which will avoid penalties up to $10,000 per day for non-compliance, and ii) reduce the amount of traffic created from the implementation by delivering carts from a central location instead of longer trips from an external location, which are both desirable benefits to Shafter.
NOV/, THEREFORE, in consideration for the promises set forth in this Agreement, the Parties agree as follows:
Terms
1. Recitals. The Recitals are incorporated into and are made apartof this Agreement.
2. License. Shafter hereby grants to Licensee, and Licensee's employees, agent, representatives, and contractors a revocable, exclusive, nontransferable License to access the Property for the limited purpose of allowing Licensee to stage, store, and distribute refuse collection carts for the implementation of automated refuse collection within the Shafter boundaries (the "License"). Licensee shall not use the Property for any other purposes whatsoever, except as authorized by subsequent written agreement signed by Shafter. The Parties hereby acknowledge and agree that use of the Property by Licensee, as set forth in this Agreement, is with the consent of Shafter and shall be considered permissive. Nothing in this Agreement shall be interpreted as, or otherwise deemed to be, a transfer or conveyance of any interest in the Property whatsoever between Shafter and Licensee. The Parties hereby acknowledge and agree that nothing in the Agreement shall be interpreted as an agreement for the lease or other use of the Property by Licensee.
3. Stage. Storage. and Distribution of Refuse Collection Carts. Licensee shall access the Property for the sole use of staging, storing, and distributing refuse collection carts to customers within the Shafter boundaries. The Shafter City Manager may extend the timeframes set forth 45635.01000\34838 182. l
herein by thirty (30) days upon request of the Licensee. Any additional extensions of time will be subject to consideration by and approval of the Shafter City Council. The Licensee shall ensure compliance with all terms of the executed agreements.
4. Term. The term of this License shall commence on the Effective Date and shall, unless otherwise modified, continue until the earlier of: (a) April 15, 2023; (b) the date on which staging, storage, and distribution of the refuse collection carts is complete; or (c) the date on which Shafter revokes and terminates this Agreement upon 7-days advanced written to Licensee with or without cause.
5. Removal of Property upon Termination. Licensee agrees to remove all of Licensee's equipment and property and any and all debris from the Property within twenty-four (24) hours of termination of this Agreement. In the event any equipment or property are not timely removed, Shafter will have the right to remove such equipment or property and Licensee agrees to be responsible for all associated costs of such removal and storage , if any.
6. Compliance with Law
6.1 Federal. State. and Local Laws. Licensee shall conduct its activities related to the License in compliance with all Federal, State and local laws.
6.2 Prevailing V/ages
(a) LICENSEE ACKNOWLEDGES THAT SHAFTER HAS MADE NO
REPRESENTATION, EXPRESS OR IMPLIED, TO LICENSEE OR ANY PERSON
ASSOCIATED WITH LICENSEE REGARDING WHETHER OR NOT LABORERS
EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE PREYAILING PER
DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ.
LICENSEE AGREES WITH SHAFTER THAT LICENSEE SHALL ASSUME THE
RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR DETERMINING WHETHER
OR NOT LABORERS EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE
PREYAILING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS
DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ.
(b) LICENSEE, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND
ASSIGNS, WAIVES AND RELEASES SHAFTER FROM ANY zuGHT OF ACTION THAT
MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. LICENSEE ACKNOWLEDGES THE PROTECTIONS OF CIVL CODE SECTION 1542 RELATIVE TO THE WA IVER AND RELEASE CONTAINED IN THIS SECTION
5.2, WHICH READS AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
4s635.01000\348381 82. I
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, V/HICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
BY INITIALING BELOW, LICENSEE KNOWINGLY AND
VOLTINTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE V/AIVERS AND RELEASES OF THIS SECTION 5.2:
Licensee's Initials
(c) ADDITIONALLY, LICENSEE SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS SHAFTER, PURSUANT TO SECTION 9, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 AzuSING FROM THIS AGREEMENT OR THE LICENSE.
7. Hazardous Materials. Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials, and shall be solely responsible for the removal of any Hazardous Material, including asbestos, pursuant to this Agreement, stored or brought onto the Property by Licensee. As used in this Agreement, the term "Hazardots Material" means any substance, material or waste which is ( 1) defined as a"hazardous waste," "hazatdous material," hazardous substance," "extremely hazardous waste," or "restrictedhazardous waste" under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act,33 U.S.C. section l25l et seq. (33 U.S.C. $ 1321) or listed pursuant to Section 307 of the Clean V/ater Act (33 U.S.C. $ 1317); (7) defined as a"hazardous substance: pursuant to the Resource Conversation and Recover Act,42 U.S.C. section 6901 et seq. (42 U.S.C. $6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. 99601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety, or property.
Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect, throughout the term of this Agreement, insurance in amounts and coverages shown below, including, without limitation, a provision that Shafter, and its offrcers, directors, and employees, be included as additional insureds. Failure by Licensee to maintain all insurance in effect at all times shall constitute a default under this Agreement.
1. Vy'orker's Compensation - Statutory; Employers' liability - $100,000 each occulÏence;
2. Comprehensive General liability (including Contractual Liability) -$5.000,000 each occurrence combined single limit; and
3. Comprehensive Automobile liability - $5,000,000 each occurrence combined
8. J
45635.01 000\34838 l 82. r
single limit.
9. Sole Cost and Expense. Licensee expressly acknowledges that it is entering into this Agreement and performing the work authorized hereunder at its own risk. Licensee acknowledges that any work Licensee chooses to perform in connection with this Agreement shall be at its sole cost and expense. Licensee further acknowledges that any activity or work or act by Licensee, made in connection with this Agreement will not impose any obligation upon Shafter to compensate Licensee, to convey any sort of property interest to Licensee, or enter into or retain any agreement with Licensee.
10. Pa)¡ment of Costs. Licensee shall be solely responsible for all costs and expenses of all activities contemplated by this Agreement. Licensee shall assure that its activities do not result in the filing or attempted enforcement of any claims or liens against the Property, and Licensee shall indemnifu, defend, and hold Shafter, its officials, officers, employees, agents, and volunteers free and harmless from any claims based upon any work performed pursuant to this License.
1 l. No Third Partv Rights. This Agreement is entered into between and solely for the benefit of Shafter and Licensee. No other person shall have any right to enforce the terms of this Agreement.
12. Notices. Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below:
Shafter: City of Shafter
336 Pacific Avenue
Shafter, CA93263
Attention: City Manager
With a copy to: Best Best & Krieger, LLP
18101 Von Karman Ave, Suite 1000
Irvine, CA92612
Attention: Marco Martinez, Esq.
Licensee American Refuse, Incorporated
1316 "J" Street
'Wasco, CA 93280
Attention:Jeff Martin
Any Party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.
13. Assignment. This License is personal to Licensee and may not be assigned without the prior written consent of the Shafter, which may grarÍor withhold consent in its sole 4 45635.01000\348381 82. I
discretion.
14. Attorneys'Fees. If a Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs.
15. Goveming Law. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California.
16. Entire Agreement: Severabilitv. This Agreement contains the sole and complete agreement between the parties relating to the License. This Agreement may not be changed orally and may be amended only by an agreement in writing signed by both parties. In the event that any provision of this Agreement shall be held to be or become invalid or unenforceable in certain circumstances, the validity and enforceability of the remaining provisions, or such provision in other circumstances, shall not in any way be affected or impaired.
IN WITNESS V/HEREOF, the Parties have executed this Agreement on the date first set forth above.
LICENSEE: SHAFTER:
CITY OF SHAFTER, a public body, corporate
and politic
By
By:
City Manager
By:
Attest:
By:
By:
City Clerk
Approved as to form:
Best Best & Krieger
LLP City Attorney
5 45635.01000\34838 I 82. I
EXHIBIT "A"
PROPERTY ASSESSOR PARCEL MAP
4563s.01000\34838 I 82. I
6 45635.01000\34838 1 82. I
# City of Shafter
ST{AFTER COUNCIL AGENDA REPORT
Meeting Date
FROM:
March 15,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT: COI.INCIL CONSIDERATION OF A REQUEST ON BEHALF OF THE
CINCO DE MAYO COMMITTEE TO WAIVE CINCO DE MAYO EVENT
FEES
RECOMMENDATION
Council authorize waiving park use and encroachment permit fees for activities listed in Special Events Permit filed by the Shafter Chamber of Commerce for a Cinco de Mayo event scheduled for April 30,2022.
BACKGROUND
After two consecutive cancellations due to the COVID-l9 pandemic, the annual Cinco de Mayo parade and festival is scheduled to resume on April 30,2022. An application for a Special Event Permit for this event, filed by the Shafter Chamber of Commerce, is on the Consent Calendar for approval at tonight's meeting.
Like previous Cinco de Mayo events, aparade requires the use of public streets, with a festival to place after the parade using most of Mannel Park. Generally, the use of public facilities is subject to permits beyond a special events permit, specifically an encroachment permit and park use permit.
Traditionally, the Cinco de Mayo event organizers have had all applicable fees waived except a Special Events
an entire park.
Permit. Secondly, the city's park use fee schedule does not list a fee for reserving V/hen cfiltsl the waivins of cifv a determination needs to be made bv will
it sitive
staff has determined and recommends to City Council that waiving the encroachment permit and park use fees does not constitute a gift of public funds.
Further, minimizing costs allows the organizers to donate more of its event's proceeds towards scholarships for local students. Even with reduced fees, the organizers would still be obligated to obtain permits and be responsible for proper public facilities.
In anticipation of organizers of other similar events also requesting reduced fees, staff plans to present a policy for Council consideration at a future meeting. Such a policy will help ensure that the City is consistent and transparent for future events with other local civic non-profit organizations.
MANAGEMENT REPORT 7
Council Consideration of a Request on Behalf of the Cinco de Mayo Committee to Waive Cinco de Mayo Event Fees
FISCAL IMPACT
Waiving permit and park use fees means the City is required to absorb more of the costs to provide certain services to the public. In addition, costs would be absorbed to cover staff time and resources provided during the planned parade and festivities at Mannel Park for the Cinco de Mayo event. However, as previously stated, this event will essentially be the first one that is open to the public and mostly free of any health-related restrictions that have been in place for nearly two years due to COVID-l9. Existing operating budgets can and should absorb the City's participation. Therefore, budget action is not required.
ALTERNATIVES
The Council can reject the requested action and direct staff to charge some or all of the typical fees charged for using public facilities. However, as previously stated, the planned Cinco de Mayo festivities provide a much-needed celebration for the public to participate in and enjoy a community event, particularly after two years of health-based restrictions and mandates.
Therefore, the Council should consider reducing fees to allow organizers to maximize the potential for the event's success. To avoid any potential conflicts with fees involving similar events hosted by other organizations, staff will present a policy for Council consideration that allows for consistent and transparent access to similar fee reductions.
ATTACHMENT
1. Request from Cinco de Mayo Event Chairperson Requesting Fee Reduction -2-
From: ALBERT ROOT
Sent: Thursday, March 3,202210:30 AM
To: Michael James <[email protected]>
Subject: Re: CINCO DE MAYO EVENT FEES
Mr. James, thank you for reaching out. The Cinco de Mayo Committee would like to request the Shafter City Council waive the encroachment permit and park use fees for the Cinco de Mayo event on April 30,2022. The committee faces enormous fees to put on this community event, and we try to curb additional costs in order to give ample scholarships to deserving Shafter high students. This being our 29th year, the Cinco de Mayo Committee wishes to thank the city of Shafter for it's participation and help in making this unique event possible for our community to enjoy. Deanna Rodriguez Root, CO-Chair
On Thursday, March 3,2022,09:57:11 AM PST, MichaelJames <[email protected]> wrote:
Ms. Root
The City Manager plans to recommend waiving encroachment permit and park use fees for the Cinco de Mayo event at the Council's March 15th meeting. lt would be helpful if you could email me to officially request that those feós be waived so that we have something for our records. lf approved by the Council, the only fee collected is the Special Event Permit Application fee, which I understand has consistently been paid for past events.
Contact me with any questions or issues. Thanks.
A
lt rt" oll
SFtAFfCR
I.iIT.HÅEL JAI.,'85
Puùrb l{o¡ip Ottmtpr
33ü.Pacific.A¡¡.cnuc
Shafrer, C.A S3263
{$61174ê5t01, qt.5018
(861¡74ê91¡5 - Fñ(
nr iam es @slraüer.co nl
SF{AFTER
"# City of Shafter
COUNCIL AGENDA REPORT
Meeting Date: March 15,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Rogelio Sanchez, Administrative Services Director SUBJECT: FISCAL YEAR 202I-2022 MID-YEAR BUDGET UPDATE AND RESOLUTION AMENDING FISCAL YEAR 202I-2022 OPERATING
BUDGET
RECOMMENDATION
It is recommended that the City Council:
1. Receive the Mid-Year Budget Update.
2. Approve Resolution 2854,aResolution ofthe City Council ofthe City of Shafter amending the Budget for the City of Shafter for Fiscal Year 2021-2022 and appropriating proposed expenditure amendments.
3. Approve specific requests as outline on report.
EXECUTIVE SUMMARY
The City Council adopts an annual operating budget based on projected revenues and expenditures anticipated during the fiscal year, defined as July 1 through June 30 of the following year. The adopted budget sets the parameters for expenditures by staff during the fiscal year based on the initial revenue projections. This report provides a mid-fiscal year overview of how revenues and expenditures compare to original projections and offer amendments for consideration as needed.
The purpose of a Mid-Year Budget Report is to:
' Measure how City departments are performing relative to adopted operational budgets ' Determine if any budget adjustments are necessary for both revenues and expenditures . Serye as a starting point in preparation for next year's budget The adopted budget is broken down by major fund groups. The fund groups include . General Fund (retail sales & property taxes)
. Enterprise Funds (sewer, water, drainage)
. Special Revenue Funds (gas tax, traffic, transportation, landscaping funds, etc.) ' Capital Improvement Projects (CIP; pedestrian improvements, water wells, etc.)
BACKGROUNI)
Each fiscal year, staff presents to the City Council a report providing an update on the City's actual revenues and expenditures halfivay through the fiscal year as compared to the adopted City budget, commonly referred to as the Mid-Year Budget Update.
MANAGEMENT REPORT 3
Fiscal Year 2021-2022 Mid-Year Budget Update and Resolution Amending the Budget for Fiscal Year 2021- 2022
As discussed in the budget message for the adopted Fiscal Year (FY) 2021-2022, the budget document was developed to respond to adverse economic and fiscal circumstances that existed during its development. Given the challenges that were present, the budget was based on the following three principles :
Maintain Financial Sustainability: Preserve General Fund; prudent use of reserves; fund 100% of CaIPERS contributions; and capitalize on economic development opportunities.
Public Safety: Focus Police and Public Works resources to maintain a safe and vibrant community.
Employee Wellness: Continue providing adequate personal protection equipment (PPE,) and complying with Center for Disease Control (CDC) and County Public Health safety measures.
Analysis
General Fund Revenues
Taxes represents about 80% oftotal general fund revenues. Sales taxes is the largest revenue type which represents about 78Yo of Taxes or 63Yo of total general fund revenues.
All taxes have a healthy growth rate. For FY 202I-2022, Sales taxes were projected and budgeted to be l2Yo or $2.6M lower compared to FY 2020-2021r According to sales tax consultants, new projections for FY 2021-2022 indicate a 5o/o or $ 1 .2M increase compared to FY 2020-2021.
The Compound Annual Growth Rate (CAGR) between FY 2018 until FY 2021has exceeded over 8% during the mentioned four-year period. The projected Sales Taxes is good news which will help generate a surplus on the general fund, but the following items need to be considered which will result in a modest increase to the fund balance in spite the optimistic sales tax projection. ' Existing business developments agreements are directly tied to the Sales Taxes. 'We expect an increase in payments related to agreements in proportion to the Sales tax increases. ' Staff is recommending several purchases which will be described in a subsequent section. r Current inflation is running rampant which affects energy costs and consulting services. ' We will have aftnaltransfer from the General Fund to formal corrections division (MCCF) for labor cost.
. Risk Management Division was not property budgeted.
Labor Cost
Labor cost is on target. The City Council had previously approved a COLA increase to employees and The City Council had previously approved a premium pay funded by ARPA. The budget was previously adjusted to accommodate the premium pay related to ARPA. Other than Risk Management; there is no need to adjust the labor cost related to the COLA as final costs are expected to be close to the current budget. The budget on Risk Management was neglected and the Mid-Year process is the opportunity to adjust.
Requests
The Police Department has a need to replace two patrol vehicles with estimated cost of $75,000 each for a total of $150,000. Patrol Vehicle #182 is estimated to be a total loss beyond repair.
Patrol vehicle # I 3 I would require thousands of dollars to repair but doing so would not be prudent given the age of the vehicle (9 years old).
I
I
-2-
Fiscal Year 2021-2022 Mid-Year Budget Update and Resolution Amending the Budget for Fiscal year202l2022 The Engineering Division has spent higher than expected due recent changes in personnel. Public Works had a need for an inspector and the hiring process continues. Budget for professional services has been depleted and it would be prudent to increase the budget line account by $120,000 for the reminder of the fiscal year.
The City Manager's division will absorb utility and energy costs related the idle MCCF.
None of the current requests will tap the general fund reserves. Instead, the current requests are expected to be covered by projected increases from sales taxes.
There is a need to transfer $400,000 from General Fund into the MCCF Operating Fund with the intent to close the books related to MCCF. The City incurred some labor and other operating costs during the current year.
The Enterprise Funds have a few adjustments. Refuse increase is the result of recent growth in the Seventh Standard area, but the extra costs should be recovered by increased revenues. A similar situation with Wastewater where the growth in revenues should cover the increase in operating the treatment plant.
FISCAL IMPACT
The net requests from management team related to General Fund is $710,000 which can be covered by Sales Tax increase. The City's General Fund revenues is expected to exceed the current FY 202I-2022 budget. Current projections should generate a modest surplus by June 30,2022.
ATTACHMENT
Resolution 2854
Adjustments
I
2 -J-
RESOLUTION NO.2854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER AMENDING THE BUDGET FOR THE CITY OF SHAFTER FOR FISCAL YEAR 2O2I-2022 AND
APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS
\ilHEREAS, the City Manager prepared and submitted to the City Council a budget for the City of Shafter for Fiscal Year 2021-2022, and the City Council carefully examined, considered and adopted the same on June 15,2021; and.
WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 202T-2022 for the City of Shafter in the staff report dated March 15,2022 relating to the Fiscal Year 2021-2022Mid-Year Budget Update.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shafter as follows,
Section l. The facts herein are true and correct.
Section 2.The appropriations for listed items are approved.
Section 3. The resolution is effective immediately upon adoption.
PASSED AND ADOPTED THIS 15rh DAy OF MARCH,2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM
Marco A. Martinez, City Attorney
Adjustments
Business Development (General Fund)
Account Description
Deve lopment Agreements
Sales Taxes Revenue
Account
0100-10-125{7-OO-5 10803-
0100-10-000-oo-oo-400100-
Type
I ncrea s e
lncrease
Amount
2,2OO,OOO
(2,950,OOO)
Total (lncrease from Sales Tax) s05O,OOO)
Police Department (General Fund )
Account Description
Professional Services
Account
0100-60-200-14-00-570100-
Total
Amount
1_50,000
Type
lncrease
s 15O,OOO
Engineering (General Fund)
Account Description
Professional Services
Engineering Services
Legal Services
Account
0100-40-400-18-o0-5 10400-
0100-40-400-18-oo-51040 1-
0100-40-400-18-oo-5 10420-
Amount
90,ooo
25,O00
5,OOO
Type
I ncrea se
lncrease
I ncrea s e
Total
City Managers (General Fund)
s 12O,OOO
Account Description
Power
Account Type
OlOO-1O-110{3-OO-510707-MCCF lncrease
Total
Amount
40,o00
S 4o,ooo
Refuse
Account Description
Processing & Outsource Activity
Professional Services
Account
5001-40,400-22-oo-s 101 14-
5001-40-400-22-oo-5 10400-
Total
Wastewater
Type
lncrease
Decrease
Amount
273,600
(150,000)
S tz3,6oo
Account Description
Processing & Outsource Activity
Account
5001-40-400-22-OO-5 101 14-
Total
Type
lncrease
Amount
50,000
S so,ooo
I nformation Technol ogy
Account Description
Professional Services
Training
Software Maintenance
Account
5 103-50-500-29-o0-5 10400-
5 103-50-500-2 9-oo-5 105 0 1-
5 103-50-500-29-oo-5 10203-
Total
General Fund Transfer to MCCF
Type
lncrease
Decrease
Decrea s e
Amount
24,AOO
(12,OOO)
(12,OOO)
s
Account Description
Transfers-ln
Transfe rs-Out
Account
5005-90-210-17-OO-490000-
0100-90-140-10-oo-590801-
Total
Type
lncreãse
lncrease
Amount
400,ooo
400,ooo
S goo,ooo
-2-