applicable, has previously been found to have engaged in fraudulent business practices. Otherwise, the permit shall be issued no more than five ten (10) business days following the peliee plannine department's receipt of a completed application accompanied by the application fee.
B. The application required in this chapter shall contain all of the following information:
1. Name and birth date of the applicant;
2. Permanent home address and local address of the applicant;
3. The name and address of the person by whom the applicant is employed, if applicable;
4. A brief description of the nature of the applicant's business and goods to be sold and the location and premises where the activity will be conducted;
5. The length oftime applicant has engaged in such business and the dates and places he has been engaged therein during the preceding five years;
6. Statement as to whether or not the applicant holds a state license for such sales, and if so, copy of sales tax certificate issued by state and sales tax number;
7. Statement setting forth the dates of permits granted to the appl¡cant by the city for the preceding five years;
in
whieh eaeh eenvietien and sentenee was entered;
*8. Statementwhetherornottheapplicantisrequiredtopostabondpursuanttosection5.36.040ofthis chapter and if so required, affirming the applicant or business on whose behalf applicant will be peddling or soliciting has posted such bond;
++ 9. Statement whether or not the business on whose behalf applicant will be peddling or soliciting has ever been found to have engaged in fraudulent business practices.
10. A siAned consent agreement for the chief law enforcement officer, through a LiveScan finÊerprint 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.
C. All such applications shall be accompanied by the fee established by the city council. The application fee is not refundable.
D. lf while such application is pending, or during the term of any permit granted pursuant to this chapter, there is any change in fact that would alter the information given in the application, the applicant shall notify the peliee planning department ¡n writing within twenty-four hours of such change. Such change in fact may constitute grounds for revocation.
E. Such permit shall be valid for not more than one hundred eighty days following the date of issuance unless earlier revoked pursuant to this chapter.
F. The permit shall bear the name and address of the person by whom the solicitation or sale is to be made, the number of the permit, the date of issuance and expiration, and the kind of goods or services to be peddled or solicited pursuant to such permit, together with a statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of the person conducting the solicitation or sale.
(Ord. No.639, S 1,9-20-tL)
(Supp. No. 20)
5.36.060 Permit- Revocation.
A. Any permit applied for or issued pursuant to this chapter may be denied or revoked at any t¡me by the peliee depa+tment planning department and/or chief law enforcement officer for any of the following reasons:
'J-. Fraud, misrepresentation or false statement contained in the application for a permit;
2. Fraud, misrepresentation or false statement contained in the course of carrying on the activity authorized by such permit;
3. Violation of any provision of this chapter;
4. Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach ofthe peace or as to constitute a menace to the health, safety, or general welfare of the public;
5. Conviction of any felony or of any misdemeanor involving theft, violence, drugs or of a trespassing nature, or finding of fact that if known would have prevented the initial issuance of the permit;
6. Failure to pay any judgment arising from or connected with the activities authorized by the permit; or
7. Failure to post bond as required by Section 5.36.040 of this chapter.
B. The peliee4epa++men+ planninÊ department and/or chief law enforcement officer shall give written notice of the suspension or revocation of the permit to the permitted either in person or by mail at the address listed on the permittee's application.
(Ord. No.639, 5 1,9-20-L1)
5.36.070 Appeals-Procedure and fee.
Any person aggrieved by any action of the city ecpelieedepa++men+ pursuant to this chapter or who wishes to challenge the decision of the peliee4epa+tme¡{ plannins department and/or chief law enforcement officer on any permit application including but not limited to the peliee department's planning department and/or chief law enforcement officer's decision to issue or deny a permit shall file a letter of appeal with the city clerk within ten days of the aggrieving action. The letter shall be addressed to the city council, shall set forth the grounds for the appeal and shall be accompanied by permittee's appeal fee as established by resolution of the city council. The city council shall set the time and place for hearing such appeal, and written notice of such time and place shall by given to the applicant by the city clerk either in person or by mail at the address listed in the permittee's application at least ten days prior to the date set for the hearing at which hearing the applicant will present his case and any other interested person may present testimony for or against the applicant. (Ord. No.639, 5 1, 9-2}-tt)
5.36.080 Hearing and decision.
A. At the time and place specified in the notice, or at such later time to which the hearing may be continued, the city council shall hear the appeal.
B. The applicant has the burden of presenting all necessary evidence from which findings required by this section may be made. The city council may order a permit be issued to the applicant if it finds that all of the following conditions are satisfied :
t. The application has been fully, accurately, and truthfully completed; (Supp. No. 20)
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, S 1, 9-20-tt)
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, S 1, 9-20-t\
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 1,9-20-1L)
5.36.100 Sound-amplified advert¡sement proh¡b¡ted.
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 5.56.120(AX10) of this code. (5upp. No. 20)
(Ord. No.639, 5 1, 9-2O-!!')
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, 9-20-tL)
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, 5 1, 9-20-t!)
5.36.130 Vending within ene+hesse{d+e€t 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-!!)
5.36.140 Exemptions.
A.
B.
c.
(ord.
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.
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.
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.
No. 639, S 1, 9-20-11)
5.36.150 Violations and penalties.
Engaging in or practicing any activity described in Section 5.36.0f.0(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 5.36.0L0(A), 5.36.01-0(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, 9-2O-L!)
5.36.160 Enforcement.
It shall be the duty of the Peliee Department plannine 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-!L')
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.710, 5 3, 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.
E, "Reaming sidewalk vender er vending" means a sidewalk vender whe meves frem plaee te plaee and @i€n"
2Ed¡tor's note(s)-Sec.3Editor's note(s)- of Ord. No.710, adopted Feb.5,20L9, 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 55 5.50.010Editor's note(s)--5.50.030, and derived from Ord. 464,1996. (Supp. No. 20)
PageT of24
Ë 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. 710, 5 3, 2-5-2019lr
5.50.030 Permits Required.
A.Allsidewalkvendorsshallobtainasidewalkvendingpermitfromthee¡@iee+ planning department prior to engaging in any sidewalk vending activities, except if thev fall into the exceptions activities described under 5.50.040(Fl. The plannins department shall coordinate with the chief law enforcement officer to complete application processing. The following information shall be required. 1,. 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 Administration 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 perm¡t 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 thevendor proposes to be a sidewalkvendor, a description orsite 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 12.12 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 city as additional insured in the amount of one million dollars single occurrence and two million dollars aggregate limit.
L0. A certification by the vendor that to his or her knowledge and beliel the information contained in the application is true,
(Supp. No. 20)
A.
B.
11. A signed consent aÊreement for the chief law enforcement officer, throueh a LiveScan fineerprint 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. 7tO, 5 3,2-5-2019)
5.50.040 Review of Permit Application; Decision.
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.Theplanning
department shall provide the applicant with written notice of his or her decision to the address indicated in the application.
The eity's ehief law enfereement effieer planninR department may deny an application for a permit if he or she makes any of the following findings;
L. 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 permits and licenses necessarV to engage in the activitv in which he or she seeks to engaqe.
C. The citv's chief law enforcement officer mav denv an application for a permit if he or she makes anv of the following findinss discovered throush the LiveScan fingerprint results:
5= 1. The applicant is required to register under the provisions of California Penal Code Section 290. ê2. 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 1"1054, 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 within three years of the date of the application. 7' lt is determined that the applieant dees net pessess a.ll federalr stater and leeal permits and lieenses neeessary te engage in the aetivity in whieh he er she seeks te engage, C D. lf the application is denied, the reasons for disapproval shall be noted on the application, and the applicant 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. + E. lf the city's plannine 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)
F, G.
GH.
(ord.
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.
Term of Permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.
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.
No.710, 93,2-5-20L9)
5.50.050 Sta+¡ene++ Sidewalk Vending Locations and Standards.
A. S+a+iena+V+i¿ewe* Sidewalk vendors shall be prohibited from operating or establishing in any residential areas of the city including parks within residential areas.
B. S+a+ena+V+¡Aewa* Sidewalk vendors may operate in non-residential zones of the city, provided they meet the following:
1. 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, S 3, 2-5-2019)
(Supp. No. 20)
er merehandise er in an area eeeupied by a eertified farmer's market, B, Subje€t te Seetie ¡nË
leaving a minimum ef thirty six ine hes ef aeeessible path ef travelr witheut ebstruetien, alengthe 4' The sidewalk vender leeatien dees net bleek entranees te buildings¡ driveways, parking spaees, er gu¡t¿¡ng-wind€wsi€fid
p€+mi+;+nC
6, ln eity parks that are leeated wit]rin a residential zene¡ where statienary sidewalk vending is prehibited, iâ
su€h+e+ksÉnC
7, The number ef reaming sidewalk venders permitted within a eity park shall be limited te twe per day te reseurees and reereatienal eppertunities fer publie healthr safetyr an*welfare purpeses, @
ing'
in+
S+g+m;+n¿
@
'1, The sidewalk vender maintains their temperary vending area in a elean¡ erderly, and sanitary eenditien; a{+d
¡ne
windews;and
7, Ne vending shall eeeur within the immediate vieinity ef a eertified farmers' market, er a swap meet, @
(Supp. No. 20)
5'5e'08e 5.50.060 Suspension; Rescission.
A. A sidewalk vendor permit issued under this chapter may be suspended or rescinded by the city's plannins 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:
1. 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.7L0, 5 3, 2-5-20t9Ì'
5-5e'09e 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 city 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 plannins 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 wr¡tten 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, S 3, 2-5-20t91
å'50'1€e 5.50.080 Penalties.
It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter.
A violation of this chapter shall be punished by:
L. 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)
3 An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.
B. 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:
L 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.
t. Any violation of this chapter shall 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. 710,9 3,2-5-20!9)
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 5 1 (part), 2002)
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, includingall food, produce and beverage ¡tems.
"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 !7 (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, operating 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 natu re.
(Supp. No. 20)
Page L4 of 24
"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 Vehicle 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- I !,2007; Ord. 594 5 1 (part), 2007)
(Ord. No. 7tO, E 2, 2-5-201.8l,
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. 594 $ 1 (part), 2002)
5.56.050 Permit term and renewal.
The term ofvendor 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. 59a 5 1 (part), 2007)
5.56.060 Application for vendor andlor operator perm¡ts-Contents-Required fees.
A. Any person desiring to obtain a vendor and/or an operator's permit shall make application to the ehieÊlew enfereement effieer citv's planning 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, a copy thereof, shall be supplied to the ehief law enfereement effieer planning department at the 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. (Supp. 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 I 1 (part), 2007)
5.56.070 lnvestigation of applicat¡ons
The plannins 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€€çplanning 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 5 1 (part), 2007)
5.56.080 lssuance of permit.
The director of administrative services, or his/her designated representative, within ten days after receiving the application and aforementioned recommendation from the ehief law enfereement effieer planning 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 agreement for the chief law enforcement officer, throuqh 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 Ë 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 obta¡n 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 5 1 (part), 2007)
(Supp. No. 20)
5.56.090 Denial of permit.
A. lf the direeter ef administrative serviees; er his/her designated reBresentativer 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 appl¡cant 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 direete+-ef plannins department may appeal such denial
to the city council.
(Ord. 594 5 1 (part), 2007)
5.56.100 Revocation of permit.
A. Any vendor or operator's permit may be suspended or revoked by the direeter ef administrative serviees; er @ivq plannins department for any of the following reasons:
1,. 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 perm¡ttee 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 writing of the right of such permit holder to appeal the suspension or revocation. Notification 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.
¡n
the eperatien ef and/er the aetual vending frem a feed vendingvehiele, and shall preduee the same fer inspeetien upen request, Eaeh eperater permit helder shall immediately surrender tethe ehief law enfereement effieer any eperater's permit issued by the e ity upen the suspensienr+eveeatien er expiratien B. Each ooerator shall retain the food vendins veh oermit issued bv the citv. The ooerator shall carrv the permit at all times while engaged 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 nermit iscupd hv the citv uoon the susoension. revocation or exoiration c.
of such oermit or uoon leavi emolovment as an operator. ln addition to the operator's permit required in subsection A of this section, 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.
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 ooerator shall adhere to the reouiremenls of California Vehicle Code resardins the ooeration and D.
A.
maintp nance of a food vpndins rrohirlp
(Ord. 594 5 L (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 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 five 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; (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;
L1-. Within €n€+h€u€afid five hundred feet from any enclosed commercial restaurant unless the restaurant owner has provided written permission and the reason for the proximitv of the food vending vehicle to the restaurant is for a permitted special event;
L2. At any permitted location for a period of time exceedingten 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;
¡s
er entity te vend at any permitted leeatien fer a peried ef twenty feur heurs within ene theusand feet ef sueh a leeatien when anether feed vending vehiele ewned by the same persen er entity has already vended within that twenty fesr heur peried at that permitted leeatienr exeept when granted a temperary land use permit er speeial event permit by the eity; + 13. 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 permit 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 ealifernia Vehieleeede may be installed er eperated @
E 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.
I' H. Pushca rt ice cream vendors (i. e., Las Rosas) may sell ice crea m on the pu blic sidewa lk, outside of the downtown area as defined in subsection (4X14) of this section. Such pushcart vendors shall not at any time impede vehicular traffic on public roadways.
(Supp. No. 20)
+.L 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. 6L1 I2,2007; 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 Cal¡forn¡a 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 Section 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, 5 1, 4-2L-20I5)
5.56. 150 lnsurance prov¡s¡ons.
It is unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vending vehicle 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 A.
(Supp. No. 20)
B.
a solvent corporation holding a certificate of authority to do insurance business ¡n 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, against loss from the liability 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:
l. 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 policyforany reason whatsoevershall 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 planning department. (Ord. 59a 5 1 (part), 2007)
s.56.160 Food vendins veh¡cle equ¡pment.
i€e
department te insure thaÈ tåe vehiele ean be safely eperated, g A. Unless etherwise waived by the Shafter peliee department¡ 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. 61L 9 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 addit¡on, 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 by the county of Kern health department.
G. Utensils and equipment shall be handled and stored so as to be protected from contamination. 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 5 1 (part), 2007)
5.56.180 Required signs and lettering.
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 ofthe background upon which they are placed, and shall have strokes at least three-eights ofan inch wide. The lettering for the business address and telephone number shall not be less than one inch high.
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 contrasting background.
(Ord. 594 S 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.
B
A.
(Supp. No. 20)
B. No person on a food vendingvehicle 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. 59a 5 1 (part), 2007)
5.56.200 Applicability of regulations to ex¡st¡ng business.
The provisions of this chapter shall be applicable to all persons and businesses described herein whether the 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'spermitwiththeffiplanningdepartment. (Ord. 59a 5 1(part),2007)
5.56.210 Conducting business as a nu¡sance.
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 thereot 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. 594 S 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 of the 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 5 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)
Page23 oÍ 24
provided by the State Department of Finance. Fractional remainders shall always be rounded down to the next whole number.
(Ord. 594 S 1 (part), 2002)
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 day anyviolation of any provision of this chapter shall continue shall constitute a separate offense. (Ord. 594 5 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 1,2007, all food vending vehicles as defined herein shall be subject to limitations as provided in Section 5.56.240 of th¡s chapter. (Ord. 594 S 1 (part), 2007)
(Supp. No. 20)
A
11 ,'' ,'fl City of Shafter
SI{AFTER COUNCIL AGENDA REPORT
Meeting Date: April5,2022
FROM: Gabriel A. Gonzalez,City Manager
Prepared By: Suzanne Forrest, Senior Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 734 FOR DEVELOPMENT AGREEMENT NO. 21-20 FOR TENTATIVE TRACT
NO.6490
RE,COMMENDATION
Council introduce for second reading by title only, waive reading, and adopt Ordinance No.734, an Ordinance of the City Council of the City of Shafter, California adopting the Addendum to the Mitigated Negative Declaration adopted for Tentative Tract No. 6490, and adopting Development Agreement No. 21-20 for Tentative Tract No. 6490, as set forth in Exhibit "l". 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
This is the second reading of Ordinance No. 134, which was first introduced on March 15,2022, for the purpose of adopting Development Agreement No. 2I-20. Development Agreement No. 2l-20 is being proposed for the completion of Tentative Tract No. 6490 located 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 (Exhibit2), with conditions of approval on May 3, 2005 under Resolution No. 05-1727. The Mitigated Negative Declaration analyzed the development of the project site for 97 single-family residences. Mitigation measures addressing noise and traffic were adopted to reduce potential significant environmental effects of the project to a level less than significant.
Tentative Truct6490 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 modihcations 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 107 single-family residential lots ranging in size from 7,194 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.
CONSENT CALENDAR q
Second reading and Adoption of Ordinance No. 734 for Development Agreement No. 2l-20 for Tentative Tract No.6490
The R-1 (Low Density Residential) project site is cuffently undeveloped. The R-l zoning district requires interior lots to be a minimum of 6,480 square feet in size and for comer 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 zonedA (Agriculture) and R-l. The State Legislature adopted Section 65864 et seq. of the Govemment Code to enable cities to enter into development agreements with applicants for development projects.
PROJECT ANALYSIS
The objective of this Development Agreement (Exhibit 1 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 trafftc impact fee not to exceed $10,000.00 (Section 7.2.1) 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.lI). 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)has beenprepared forDevelopmentAgreementNo. 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 ofthe conditions described in Section 15162 calling forthe preparation ofa 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.
Second reading and Adoption of Ordinance No. 734 for Development Agreement No. 21-20 for Tentative Tract No.6490
ALTERNATIVES
There are no alternatives to the recommended action. The first reading of the Ordinance was established on March 15,2022. 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 DEVELOPMENT AGREEMENT NO . 21-20 FOR TRACT 6490
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Road Centerline Highway
shafter city Limits collector Local
1.4,514 0.03 0.06 O.12mi
0 0.05 0.1 0.2 km
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EXHIBIT A
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TENTATIVE
TRACT MAP NO. 6490
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EXHIBIT B
ORDINANCE NO. 734
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA ADOPTING THE ADDENDUM TO THE NEGATIVE DECLARATION ADOPTED FOR TENTATIVE TRACT NO. 6490 AND ADOPTING DEVELOPMENT AGREEMENT NO. 2I.20 FOR TENTATIVE TRACT NO. 6490, AS SET FORTH IN EXHIBIT "l"
\ilHEREAS, 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 \ryHEREAS, the City Council has adopted rules and regulations ("Development Agreement Procedures") for consideration of development agreements, pursuant to Section 65865, 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
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 o'4" of Development Agreement No. 2l-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
WHEREAS, Development Agreement No. 2l-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
\üHEREAS, the adopted MitigatedNegative 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 reconf,rgured map to be in substantial conformance with the originally approved subdivision map; and WHEREAS, 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 WHEREAS, mitigation measures addressing noise and traffrc were adopted to reduce potential significant environmental effects of the project to a level less than significant; and WHEREAS, 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 "D" of the Development Agreement; and
WHEREAS, none of the conditions described in Section 15T62 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 occumed; 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
\ryHEREAS, an Addendum to the Mitigated Negative Declaration that was adopted for Tentative Tract No. 6490 has been prepared for Development Agreement No. 2l-20; and WHEREAS, Development Agreement No. 21-20 is consistent with the City of Shafter General Plan; and
\ryHEREAS, Development Agreement No. 21-20 is in substantial conformance with the provisions of the City of Shafter Zoning Ordinance; and \ryHEREAS, 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
Shafter City Council Ordinance No. 734
April5,2022
WHEREAS, Development Agreement No. 21-20 will not adversely affect the orderly development of property or the preservation of property values; and WHEREAS, 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
WHERB,AS, 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
\üHEREAS, 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 WHERB,AS, 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 Government 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
\ilHERB,AS, 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
\ilHEREAS, a timely and properly notices public hearing upon this Ordinance No. 734 (Development AgreementNo. 2I-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
NOWO 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. 21-20.
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 "1" of this Ordinance.
SECTION 5. If any provision of this 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,2O¿2
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
V/HEN RECORDED RETURN TO:
City of Shafter
336 Pacific Avenue
Shafter, CA93263
Attention: City Clerk
Exemnt from Filins Fees Gov. Code Secfion 273R3
TENTATIVE TRACT NO. 6490
DEVELOPMENT AGREEMENT NO. 21.20
between
CITY OF SHAFTER
a California municipal corporation
and
Summit Capital Venturesr lnc., 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 California 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 "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 City; 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 Califomia 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 75,2022, 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 ooAgreement" means this Development Agreement.
4.1.2 ('CiW" means the City of Shafter, a California municipal corporation.
4.1.3 "Days" means calendar days unless otherwise specified.
4.1.4 "Dedicate" is defined in Section 7.9.
3 4.1.5 "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" specihcally do not include this Agreement.
4.1.7 "Development Exactionso'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 official 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 ..Development Plano' means the Existing Development Approvals and the Existing Land Use Regulations applicable to the Development of the Property. 4 4.1.9 "Effective 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 "Existing 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 Regulations" 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 pu{pose 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 power of eminent domain.
4.1.13 ú.Negative Declarationoo means that certain addendum to the Negative Declaration adopted for Tentative Tract No. 6490 by the City Council of the City of Shafter on May 3,2005, under Resolution No. 05-1727. 5 4.1.14 'óMortgagee" means a mortgagee of a mortgage, a beneficiary under a deed oftrust or any other security-device lender, and their successors and assigns.
4.1.15 'oO\üner" 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 Feeso' 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 ooProject" means the future development ofthe entirety of the public and private improvements on the Property in a manner consistent with the Development Plan, as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.
4.1.18 .óProperty" means the real property described on Exhibit "A" and shown on Map on Exhibit "B" to this Agreement.
4.1.19'6Public Improvements" means those Public Improvements described in Sections 7.3 through 7.11, inclusive.
4.1.20 "Public Improvement Obligations" 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 Authorify" 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 o'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 ooSubsequent 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 Tract No. 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 5.4.1, 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 (including any 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 Affrliate) 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 perfoÍnance 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 Attomey. It is understood and agreed that, until all of the conditions set forth in clauses (Ð, (ii) 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 5.4.1 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) With 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 offoreclosure or a deed in lieu offoreclosure 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.L
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 bhat any 9 road constructed 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 fuither 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.
(iiÐ 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 aLot.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;
(ii) Pursuant to Government 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 10 (iii) 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 ll
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, tequest, 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 6 I
Attn: Shafter City Attorney
Fax No. (909) 944-1441
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If to Owner:
Summit Capital Ventures, Inc.
8725 Swigert Court
Bakersfield, 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 a party, 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 conceming 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, and subject to the Reservations of t 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 pu{poses, and other Development Exactions, the phasing and timing of development, and the design, improvement, occupancy and construction standards and specifîcations 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 r3
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 and/or 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. Citv of Camarillo (1984) 37 Cal3d 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 'ominor" 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 l4
(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 pu{poses 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 goveming 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:
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(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
(iii) 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 "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. Inthe 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 Seq. 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 attomeys' 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, any 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, and 1245.230. These findings and determinations include, without limitation, all of the following:
(i) The public interest and necessity require the Ofßite Improvement;
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(ii) The Offsite Improvement is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (iiÐ 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 Govemment 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 Properly, except to the extent that such liability arising from the negligence or willful misconduct of the City, its official, officers, 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 Califomia 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.
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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 Section2I166, and California 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 ggq.) 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 hnal 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 t9
Manager. In reviewing and approving the revised Infrastructure Phasing Plan, the discretion of the City Manager shall be limited to a determination as to whether the revised Infrastrucfure 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 CIVL 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.I 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 "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 satistìed all public utilities impact measures lawfully required by any public utility purveyor, including, without limitation, phone, 21 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 ofthe 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 . If, 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 alternative 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 14326W-UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, l5-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 intemrpter (GFCr).
b. Install a wireless-transparent 28-30-inch or 42-inch Structured Media Enclosure ("Media Enclosure") of type Legrand 30" ENP3050(30") or 42" 8NP4250, Leviton 30" 49605-30'W, 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, 1 5-amp convenience receptacle located inside the enclosure. c. Install a conduit pathway from the Utility Enclosure to the Media Enclosure with aminimum of one (1) 1-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", 661-746-5000", 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-of-way ("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 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 Distribution Enclosure and 3-fbet 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 conduitsY;,-inchor 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 Works 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 (RJ-a5) jack within a single-gang low voltage wall box, using the ANSI/TIA568 T5684 termination standard:
l. 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 (WAP) 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 (RJ-45) plug for connecting to a WAP.
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 andlor conduits. 24 lr. 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.
nr. All underground fiber optic conduit paths shall have tracer wire. 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 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 Yr-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.
vii. All underground utility enclosures shall be factory-stamped "City Fiber".
ARTICLE 8. FINANCING OF PUBLIC IMPROVEMBNTS 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 Govemment Code Section 53311, et seq., the territory 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 fire protection. 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 8.2; 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, sufficient 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 notifu 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.
(a) During either a periodic review or a special review or at any time upon City's determination that Owner is in default of this Agreement as described in Section
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 commence proceedings to modify 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 Certificate 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 (l) this Agreement remains in effect and (2) Owner is not in default. The Certihcate 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.
Whether 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 offrcers, 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 California 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 Modification 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, offtcers 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 1 1.1 and ll.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, for property 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 offrcers, 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 attomeys' fees.
ll.4 Environmental Contamination. Owner shall indemnify and hold City, its officers, 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. With respect to Sections 11.1, through 11.4, inclusive, herein, City reserves the right to either (1) approve the attomey(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. V/ith respect to Sections 1 1.1 through 1 L4, 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 1 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.
11.7 Survival. The provisions of Sections 1 1.1 through 1 1.6 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 purposes of this Agreement, provided, further, that any modihcations 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 \ilaiver. Failure by a party to insist upon the strict perforTnance 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 BenefTciaries. 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 purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be hled 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 govemment 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 Califomia 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 City 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 Obligation/l\o 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 of the 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
By:
Its:
Dated:
Chief Financial Officer
Lvz-u
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 Nit¡u 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 Califomia that the forgoing paragraph is true and correct.
my hand and offrcial seal.
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40 EXHIBIT 16A'TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO.21-20 Legal Description of Property
EXHIBIT "A"
TRACT 6490
LEGAL DESCRIPTION
BEING A DIVISION OF LOT 13 AND A PORTTON OF THE WEST HALF OF LOT 14 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SËCNON 15, TOWNSHIP 28 SOUTH, RANGE 25 EAST MOUNT DIABLO BASE AND MERIDIAN, FILED FEBRUARY 11, 1913 IN THE OFFICE OF ÏHE KERN COUNTY RECORÐER, BEING MORE PARTICULARLY DESCRTBED AS FOLLOWS:
BEGINNING ATTHE SOUTHWEST CORNER OF SAID LOT 13;
THENCE, NORTHERLY ALONG THE WEST LINE OF SÆD LOT 13, NORTH OTO24'18" EAST A DISTANCE OF 1,319.86 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 13; THENCA EASTERLY ALONG THE NORTH UNE OF SAID LOT 13, SOUTH 89O0348" EAST A DISTANCE OF 660.47 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 13; THENCE, CONTNUING SOUTH 8900348'EAST A DISTANCE OF 310.23 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SAID LOT 14 TO A POINT OF INTERSECNON WITH THE WEST LINE OF A WATERLINE EASEMENT DEDICATED TO THE UNITED STATES OF AMERICA PER INSÏRUMENT 77472, BOOK 2581, PAGE 194 OF OFFICIAL RECORDS OF SAID COUNTY, SAID WEST UNE ALSO BEING THE WEST LINE OF THE EAST 20 FEET OF THE WEST HALF OF SAID LOT 14;
THENCE, LEAVING SÆD NORTH LINE, SOUTH 01023'01" WEST ALONG SAID WEST UNE A DISïANCE oF 1,319.98 FEFI, MORE oR LESS, To THE SOUTHERLY uNE oF SÆD LoT 14; THENCE, WESTERLY ALONG THE SOUTH UNE OF SAID LOT 14, NORTH 8gOO3'22" WEST A DISTANCE oF 310'40 FEET, MORE oR LESS. To THE SOUTHWEST coRNER oF SÆD LoT 14; THENCE, WESTERLY ALONG THE SOUTH IINE OF SAID LOT 13, NORTH 89"03'22" WEST A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
CONTAINING 29.42 ACRES GROSS, MORE OR LESS.
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EXHIBIT "B'' TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 21.20 Map of the Property
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EXHIBIT ú'C'TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 21.20
LIST OF EXISTING DEVELOPMENT APPROVALS
1 .) City of Shafter Resolution No. 05- 1 727 for Tentative Tract No. 6490 EXHIBIT ó6D'' TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO.21.20 RESOLUTION NO. 05.1727
CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. ó490
CONDITIONS OF APPROVAL
(As Approved by City Council5/3/05)
I
GENERAL
The developer(s) (hereinafter refened 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 refened to as
ooTT 6490") or, at its election and in the alternative, shall relinquish such approval.
Developer shall assurne the defense of the City in any such legal or administrative action, claim or proceeding 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 attorneys' 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 Citymay, at its sole discretior¡ participate at its own expense inthe 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 be 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 hour basis. Said discomforts may include, but not be lirnited to equipment noises, odors from manure or other chemicals, and dust or srnoke. The City has determined that the use of real proBerty 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 oporations, provided such operations are consistent with accepted customs, standards, and laws."
Developer, or the general contractor, shall submit a list of all conbactors and/or subcontaetors performing workon TT 6490 to the CifyAdministative 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 bemaintainedwithintheboundariesofTT 6490inaweed-freeandcleanandorderlymanner by Developer. Should said property not be so maintained, 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 compiywithin the required time frame, Citymay then clear the land and bill property o\Mner 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 Corurcil. Should an extension be requested, the applicant, not less than sixty days prior to the expiration date, shall submit to the City in writing, a request for an extension ofthat approval in accordance with the provisions of City Codes.
2 3
4 5.
6 Developer shall pay all development fees and impact fees adopted by the Cify in effect at the time of issuance of anybuilding permits.
Developer shall complywith the latest Uniform Building Code, Uniform Mechanical 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.
7 8.
9. PI,ANMNG
10. 11.
TT 6490 shall conform to the in-lieu park fee measures (QuimbyAct) 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 OrdinanceNo.351. Refuse capacity feeshallbedueandpayablepriortorecordationof a Final Map.
Prior to recordation of Tract Map No. 6490, 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 of residential units within the subdivision, and which shall provide for payment of park fees, traffic fees and other fees established by the City, h the event that the City has not adopted such fees in a timelymarurer such that the developerwould have to make payrnent at the time of obtaining each building permit for development of the subdivision, then the developer and the City agtee that park fees shall be a minimurn of $650 per lot and traffic fees shall be a minimum of $2,346 per lot, and that such fees represent the actual costs pertaining to park and recreation and traffic impacts proportional to and directly related to each lot. Such fees shall be paid regardless ofwhether the developer and the Cityenter 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 orparticipate in anyprotest regarding the formation of such a district, and shall affirmatively vote "yes" with respect to all real property within the subdivision for pulposes of establishing such a district.
Priorto issuance ofeachbuilding permit for houses within TT 649Ù,Developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall rçferenco the floor plan layout and building elevations, including exterior building materials and colors, for each of the single-family residences to be constructed within TT 6490. All architectural features of each single-family residence 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 649Q shall be of concrete tile or Prestique I High Definition manufactured by ELK Coqporation in Shafter, its equivalent, or better.
12. 13.
14,
15. 16.
1,7.
BUILDING
18,
t9
Developer may request approval to substitute equivalent housing plans 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 rninimum, however, the proposed equivalent plan must be of the sarne or greatsr size tha¡r the plan it is intended to replace within TT 6490.
Developer shall submit a conceptual landscaptng plan for all publically maintained landscaping to the Planning Department for approval prior to recordation of the Final Map, or first phase of the Final map.
All roof-mounted air conditioning equipment shall be located on the rear portion of the 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 buitding permit shall be issued by the City until TT 6490 has been recorded pursuant to the requiremørts of Title 16 (Subdivision Ordinance) and Title 17 (ZontngOrdinance) of the ShafterMunicipal Code.
Priorto recordation ofTmct6490,the subdivider shall remove "Christopher Street", "Evolyll 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 n¿rmes 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.
In order to reduce potential noise impacts frorn the BNSF Railroad to the subject 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.
20. Private drives constnrcted 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 6490, developer shall relocate telephone poles along the north sideLos Angeles Avenue in conformancewiththe appropriate utilitycompanyrequirements. 24 25
E NGINEERING : GE NE-RA.I,
21. Developer shall remove and replace any existing public or private improvements that may become damaged during any phase of construction, as required by the City Engineer. The contractor working within the public right-of-way shall obtain an encroachment permit from the City Engineer prior to commencing any such work.
22 Developer shall relocate and/or install all necessary infrastructure to provide utilities to the proposed project.
23. A six (6) foot pubiic 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 City or any other public utility agency for, sewer, water, storm drain, electrical, or afiy other utility or similar purpose shall not cross private property without prior approval of the City Engineer.
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 cornpany.
Any obstructions including utilities, irrigation lines, etc., shall be removed and/or relocated, if necessary, at the expense of the applicant.
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 treafrnent acceptable to the City Engineer, to prevent generation of dust dwing periods of vehicular activity and/or windy conditions and tracking ofmud and dirt on public roadways.
31. Prior to issuance of a certificate of occupancy on any lot ofthe 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 (1) year from the date of filing of the final map for the development, unless a time extension is granted by the City Engineer,
26. 27.
28. 29.
30. 32.
34. JJ. Tlpe & location of cenhalized mail delivery units shall be determined by the postal service.
If the postal service requires special easements for the placement of the delivery units, then said easements shall be shown on the final map.
ENGII$4FRI}{G: GBAI}ING & DRÀINAGE
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.
The drainage/hydrology study and hydraulic analysis for the project shall be performed by aregistered civil engineer and submittedto the CityEngineerforreview and approval. The study shall demonstrate that any potential run-off will not impaot surounding properties.
The study shall focus on the project property and any affected adjacent properties.
The grading plan for the project shall be performed by a registered civil engineer and submittod to the City Engineer for review and approval. All grading shall conform to the CaliforniaBuilding Code,latestedition, approvedbythe CityandCityadopted standards and specifrcations. 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 City prior to commencernent of any grading activity.
Prior to issuance of a building permit, the developer shall fi.le a "Rough Grade Cerlificate" with the City in accordance with the City Engineering & Design Standa¡ds. 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 Certificate form frorn the City.
Prior to final approval, acceptance of work, or issuance of certi{ïcate of occupancy, the applicant's engineer shall file a"Final Grade Certificate" statingthat allrequired grading has been done in accordance with the approved grading plan. Developer to obtain Final Grade Certificate fonn from the City.
35. 36.
39 Jt,
38 40.
4t. 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 1010, surface drainage shall be channeled into a concrete v-gutter, curb & gutter, underground storm drain, or similar drainage structure.
42 43,
44. 45.
46. All building pads shall provide a minimum oî2o/o slope away from oach 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 corner lots shall not have their side yard slope (fïnish grade to back of sidewalk) exceed 4 horizontal:1 vertical. If maximum slope is exceeded, side yard shall be retained in an approved manner.
Wood retaining structures shall not be approved. Developer shall use masonry, concrete, or other approved material.
Drainage basin: The developmurt is located within an established drainage area, and a regional sump has already been constructed for the development. The deveþer 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 ¿üi a condition to future land use approvals fornearbyproperties benefitting finm 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 payrnent to the developer) for all reasonable costs incurred by the developer to engineer, obtain permits, and construct the storm drain facilities outside the boundaries of Tract 6490, allsubject to the requirements of and otherwise as permitted by law. It shall be the responsibility of the City of Shafrer 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 shall be 0.6%.
Grading onto adjacent properfy shall not be done without written permission from the adjacent property owner.
The Offrce of the CityEngineer shall be nolifted}4 hours in advance of the placement of any fill material.
50. Fill and/or import material shall be subject to the approval of the soils engineer.
Contractor is responsible for the grading of lot pad areas to within 0.1' of the design elevations,
All areas in the site on which structures are to be placed must be compactedto 99%orelative density, for aminimum distance of 5'in all directions from the foundations ofthe structure.
All fill material shall be moistui'e conditioned to at least 20/o above optimum moishre and compacted ta 90o/o relative density, as determined by test methods referenced in Califomia Building Code. appendix Chapter 33, Section 3305, and so certified by tests and report frorn the soils engineer.
47,
49. 48
51 52
53 54.
55. 56.
57. 58.
59. 60.
61. 62.
The design engineer shall exercise 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 approvedbythe CityEngineer, unless specificallyrecommended otherwise inthe 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.
All cut and fill slopes shall not be steeper thanZ horizontal to 1 vertical.
All fill areas to be cleared of all vegetation and other unsuitable material for a structural fill and the areas shall be scarified to a depth of 6", unless specifically noted otherwise in the preliminary soils report.
All slopes in excess of three feet shall be prepared and maintained to control against erosion.
Grading work shall be supervised as engineered grading in accordance with Chapter 33 of the California 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 projecl limits, the piping should be removed within the project and properly capped at the project boundary.
DustControl: Itshallbethedeveloper'sresponsibilitytopreventadustnuisanceoriginating from the site of work as a result of his operations during the effeotive period of this contract.
Preventative measures to be taken by the contractor shall include but not be limited to the following;
(a.) 'Water shall be applied to all unpaved areas as required to prevent the surfaces from becoming dry enough to permit dust formation.
(b.) Paved surfaces over whioh vehiculartraffic is permitted to fravel shall be kept freç of dirt.
#NÇ.tF{aaRrN c; WATßTUFIRE
Developer shall install a water system for the development together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minirnum supply of water for the purposes of the development including fire protection- Deveþer 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 shall be provided to the City prior to acceptance of the water system by the City. 63 64.
05. 66.
67. 68.
The City Engineer shall recomrnend hydrant tlpe and location if required.
Water line size, location, and materials shall be subject to the approval of the City Engineer.
Minirnum 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.
Separate water services shall be installed for each residential property No perrnanent structures shall be constructed over proposed or existing utility easements.
Prior to the issuance of a building permit, water mains and fire hydrants to be installed by applicant shall be completed, tested, and accepted (LIFC 10.502,10.503) trf{ÊIN.EE RIN G: S Ð vY-r R
Developer shall install a sewer system for the development together with such materials, pipeline, manholes, and individual servioes for the purposes ofthe development. Developer shall submit sewer improvement plans to the City Engineer for review and approval.
Developer shall constnrct public sewer systems in accordance with S ubdivision Engineering Design Manual for the subject property.
73. No properties shall be served by a septic system.
Sewer line size, location, slope, and materials shall be subject to the approval of the City Engineer. Minimum sewer 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 Engineer.
Separate sewer sewices shall be installed for each property. At no time shall serrver be joint trench with water.
Sewcr lines will not be permitted in easements between the back yards or side yards of single or multi-family lots.
69 70
7T
1')
74. 75.
76. 77.
78. No permanent structures shall be constructed over proposed or existing utility easements 79 ENÇINSSRTNG : STRBET.& TRASnC
Developer shall construct and provide right of way for all streets, ourb, gutter, cross gutter, drainage facilities, sidewalks, streetlights, drive approaches, intersections, and otherrelated 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 will be 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.
The drawings shall include all proposed public street pavement, curb, gutter, driveways, streetlights, cross gutter, catch basins, strþing, 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 amanner consistent with the Subdivision Engineering Design Manual. 81 Street Sections:
(a.) Pavement structural 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. Calculations 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 (3/4" AR-4000) over 0.50 feet of Class tr Aggregate B ¿ße ov€r 1 . 0 feet native material moi stened and compacted to city standards. Traffic Index :6.0.
(c.) The minirnum allowable structural section for Mannel Avenue shall be 0.21 feet ofAsphalt Concrete{3l4" AR-4000) over 0.42 feet of Class trAggregate Base over 1 .0 feet native material moistened and compacted to city standmds.
Traffic Index:5.0.
(d.) The minirrl¡m allowable structural section for East Ash Avenue shall be 0.21 feet o f Asphalt C oncret e (3 I 4" AR-4000) ov er 0 . 42 feet o f 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 (%r' AR-4000) over 0,33 feet of Class lI Aggregate Base over l.0 feet native material moistened and compacted to city standards. TrafÍic Index = 4.0
(f ) Minimum cross slope shall be 1.5% constructed, A minimum of 20á cross slope shall be designed and shown on plans.
80. 82. Street Dimensions:
(a.) Los Angeles Avenue shall be developed as aMajor Collector along the entire property line of the subject property, ín accordance with standards and specifications of the Cify as approved by the City Engineer. Developer shall be responsible for developing the north half of Los Angeles Avenue as follows:
i.) Los Angeles Avenue shall be forty-six (46) feet halfright ofwaywith thi4y-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 & oonstruction beyond the centerlino of Los Angeles may be necessary if existing road profile will not accommodate new construotion.
(b.) Mannel Avenue shall be developed as a modified local street along the entire property line of the subject property, in accordance with standards and specifications of the City as approved by the Cþ Engineer. Developer shall be responsible for developing the east half of Mannel Avenue as follows:
i.) Mannel Avenue shall be thirty-fow (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. (c.) East Ash Avenue shall be developed as a modified local street along the entire property line of the subject properfy, in accordance with standards and specifications of the City as approved by the City Engineer. Developer shall be responsible for developing the south half of East Ash Avenue as follows:
i.) East Ash Avenue shall be thirfy-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 by the 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 Valley Hwy)
(d.) All local strsets 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 fifty-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.) In order to promote the orderly development of the area, each of the three developments listed below shall enter into an agreement (in a form acceptahle to the Cíty of Shøfter) for required street improvements. Said agreement shall he prepared by the property owners ídentífied below, ønd 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 & construction of all required street improvernents, including any intersection with State Hwy 43 shall be permitted and approved by the Ciry of Shafter and the CalifomiaDepartment ofTransportation (Caltrans), where applicable.
Ihe above condition represents a mitigøtion measure contained in the Negative Declaration for 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-de-sac and street knuckle dimensions & radii to conform to the Subdivision Engineering Design Manual andlor the City Engineer. The use of offset cul-de-sacs is approved provided theymeet the requiremonts 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 City Engineer.
During construction, the applicant shall maintain 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.
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. 85 86
89. 90.
93. 94.
95. 96,
9L 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.
92. Monument and monument covers shall be set per City Standards.
Temporary tumarounds, if required, including right of way, shall be granted, designed, & installed per the Subdivision and Engineering Design Manual.
Property line locations shall be markedwith achiseled line on the top of curb for allproperty lines. The location of all sewer laterals shall be indicated on the top of curb with a stamped rrs'.
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 underthe LS-28 rate schedule.
Secondary access oasements shall be provided at the request of the City Engineer. 'Within any given phase of development, secondary access easements and improvements shall be provided in a manner approved by the City Engineer. Access roads shall be twelve (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 90Yo relative maximum density. 97 A waiver of dirsct access shall be dedicated and shown on ths final rnap as follows:
(a.) Along the north property lines of lots 22 through3? (b.) Along the west property lines of lots 32 through 39 and 88 through 93 (c.) Along the south property lines of lots I through 6 and 94 through 97 (d.) Along the south properfy lines of lot 39
(e.) Along the north property lines of lot 88
(f,) Along the east property lines of lot 97
(g.) Along the west property lines of lot I
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 shall be certified by a licensed land surveyor for the State of California. Level oircuit data and calculations shall be submitted to the City of Shafter for approval.
ENÊINEERING: LA.IYDSCAPINÇ
100. All landscaping plans including plants, irrigation equipment, points of oonnection to water lines, electrical services fortimers, lighting, etc. shall be approvedbythe CityEngineerprior to construction.
98. 99.
101 A masonry wall, or approved alternative, is to be installed:
(a.) Along the north property lines of lots 22 throuSt32 (b.) Along the west property lines of lots 32 through 39 and,88 through 93 (".) Along the south property lines of lots 1 tbrough 6 and 94 throughgT (d.) Along the east property lines of lots 6 through 2l 102. V/all plans, materials, dimensions to be approved by Cityprior 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 landscaping piping per the City Engineer.
105. Landscaping plumbing & electrical shall be designed for all phases of the tract.
I 06. Developer shall place the entire subdivision within a new or pre-existing Landscape/Lighting Maintenance Distriot, prior to acceptance of improvements bythe City. (a.) The maintenance district shall be set-up to cover 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 shall 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 maintenance district is formed, whichever shall occur last. (c.) Developer shall be fully responsible for the formation, and formation cost of the Landscape/Lighting Maintenânce District, as directed by the City Engineer.
(d.) Developer shail be fully responsible for paying tho cost of water for all landscaping and electricity for the street lights until such time as the maintenance clistrict is formed.
EXHIBIT 668'' TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 21-20
HOUSE PLANS AND ELEVATIONS
PLAN l (166s)
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PLAN 4 (2402)
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ADDENDUM
TO
MITIGATED NEGATIVE DECLARATION
Date: February 15,2A22
I!!þ: 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. 2l-20 Proiect Descrintion: Development Agreement No. 21-2A is being proposed for the completion of Tentative Tract No. 6490 located 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 approval, 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 16,174 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 reconfigured to eliminate pie-shaped lots on the cul-de-sacs, thereby increasing the total number of lots to 107 ranging in size fromT ,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. 10 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, trafnic fees, and other fees and requirements established by the City of Shafter.
Reason for Addendum: According to Section 15164(b) of the State CEQA Guidelines, the City of Shafte¡ 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. 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 necessriry for the completion of Tentative Tract No.6490.
None of the conditíons 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 inueases 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
Forrest, Senior Planner
City of Shafrer Planning Department
EXHIBIT 2
BUILDING
COII¡I MUN ITY DEVELOPI1I ENT
DEPARTMENT
ENGINEERING . PLANNING . PUBLIC WORKS
336 Pacífic Avenue
Shafter, CA 93263
(661 ) 746-2065
Fax (661) 746-9125
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NEGATIVE DECLARATION
The City of Shafter Community Development Department has completed an initial study (attached) for Tentative Tract Map No. 6490. Pursuant to this evaluation, lhe City of Shafter Community ôèvelopment Department has determined that the proposed project, as descr¡bed 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 CEQA Guidelines.
PROJEGT NO.: Tentative Tract Map No. 6490
COMMENT PERIOD BEGINS: March 30,2005
COMMENT PERIOD ENDS: April28,2005
iMITIGATION MEASURES (included in the proposed projectto avoid potentially significant effects, if required):
1.) 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 13 of r5).
,,,*,oo--
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Wavne Clausen. Senior Planner
Printed name
Fìle No. Tentatfve Tnct Map No. 649A Page 1 of 15
INITIAL STUDY
ENVIRON MENTAL ANALYSIS
1. Project No.: Tentative Tract Map No. 6490
2. Lead Agency: City of Shafter Community Development Department 336 pacifíc Avenue
Shafter, California 9926A
3. Gontact Person: Wayne Clausen, Senior planner (661) 746 _ 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 Designatlon: LR (Low Density Residential ) / MR (Medium Density Residential)
7. Zoning: R-1 (Low Density Residentiat ) / R-2 (Medium Density Residential) 8 Description of Project Qescribe the whole action invotved, inctuding but not ttmtted to /aferphases ot the project, and any secondary, support, or off-site feafures necessa ry for its ¡mplementatíon.)= Tentative Tract Map No. 6490: The project is a proposed tentative tract map for g7 single-family residential lots on 30 acres of land.
9 Environmental setting þriefty descibethe ex¡st¡ng onsite condÍilons and sunounding ¡and uses):
The northeast corner of the project site is located fífteen (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 contrains agricultural land.
10. other public agencies whose approval is anticipated to be required (e.9., permits, flnancing apprcval or pañicipation agrcement):
N/A
Flle No. Tentat¡ve Tracl Mgp No. 6490 Page 2 of 15
ENVIRONMENTAL F¡.GTORS POTENTIALLY AFFEGTED:
The environmental factors checked below would be potentially affecred by this project, involving at least one impact that is a "Potentially Significant lmpact" as inåicated oy má Ãecr4¡st òn [n"'iollä*i"-g pages:
D Aesthetics
[J eio]ogical Resources
D Hazards & Hazardous Materials
! MineralResources
n Puol¡c services
E Ut¡l¡ties / Service Systems
[J Agricultural Resources E Air euality
I Cultural Resources [J Geology / Soils
E Hydrology / Water euality E Land Use / planning
E No¡se E population / Housing
E Recreation E Transportation / Traffic
E Mandatory Findings of Significance
ENVIRON M ENTAL DETERMI NATION :
On the basis of this initial evaluation:
E I find that the proposed project coutd not have a significant effect on the environmenl, and a nenatlve declaration 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 mitlEated neoatlve dectaratlon will be prepared.
I find that the proposed project mgv have a significant effect on the environment, and an environmenlal imoact report is required.
I find that the proposed project 4y have a "potentially significant impacf or "potentially 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 envlronmental imoact renort 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 signifÏcant effect on the environment, because all potentially significant effects have been (1) analyzed adequately in an earlier environmental lmpact report or neoative declaratlon oursuant to applicable legal standards, and (2) avoided or mitigated pursuant to that earlier gnvironmental lmoact renort or neoative declaratlon, including revisions or mitigation measures that are imposed upoñ tfre proposeo project, nothing further is required.
Wavne Clausen. Senior Planner
Printed namø
tr
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File No. Tentatlve Tracl Mao No.6490 Page 3 of 15
Enirironmental lssue
Potcntlally
Lèss Than
Slgnlflcent
wtth LoEs Than
S¡0nlficãnt
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M¡t¡gatlon
lncorooãllon
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lmoact
L AESTHETICS; Would the project;
ì ,) Have a substant¡al adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcrops, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual cha¡acter or quality of the s¡te 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. AGRIGULTURE RESOURGES:
ln determining whether ¡mpacts to agricultural resources are significant environmental effects, lead agencies may refer to lhe California Agricultural Land Evaluat¡on and Site Assessment Model (1997) prepared by the California Dept. of Conseruation as an optional model to use in assessing impacts on agriculture and farmland. Would the project; a) Convert prlme farmland, unique farmland, or fa¡mland of statewide importance (farmland), as shown on lhe maps prepared pursuant to the Farmland Mapping and Monitoring Program of tho California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) lnvolve other changes in the existing environment which, due to their location or nature, could resull in conversion of farmland to non-agricultufal use? t!!JlE_@!E:
Where available, the significance criteriå established by the applicable air quality management or air pollution control district may be relled upon to make the following determinations. Would the project;
a) Conflict w¡th or obstruct implementation of the applicrãble air quality plan? b) Violate any air quality standard or contribute substantially to an existing or pro¡ected air quality violation?
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the proJect region is non-attainment under an applicable federâ¡ or state ambient alr quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant concentrat¡ons? e) Create objectionable odors affecting a subslantial number of people? lV. BIOLOGICAL RËSOURCES: Would the project;
a) Have a substantial adverse effect, eilher directly or through habitat modiflcations, on any species identified as a candidate, sensitive, or specíal status species in local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a subsùantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, rêgulatlons or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Sect¡on 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrolog¡câl ¡nterrupt¡on, or other means? d) lnterfere substantially wlth the movement of any native resident or migratory ftsh or wildlife species or with an established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protectlng biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or slate habitat conservation plan? V, CULTURAI RËSOURCES: Would the project;
a) Cause a substantiâl adverse change in the significance of a histor¡cal resource as defined in sr5064.5? b) Cause a substantial adverse change ¡n the significance of an archaeological resource pursuant to 515064.5? c) Directly or indirecüy destroy a unique paleontologlcal resource or site or unique geologic feature?
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File No. Tentatlve Tract Map No. 649A
EnVironmental lssue
Polentlally
Lo6r Thsn
Sfgnltkrnt
Wor L€ss Thân
Mlt¡sâtlon
n
No
lhose of
/1. GEOLOGYAT{D SOILS: Would the project;
a) Expose people or structures to potential substant¡al adverse effects, induding the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (refer to Division of Mines & Geology Special Publication No.42)
ii. Strong seismic ground shaking?
i¡i. Seismic-relãted ground failure, including liquefaction? iv, Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-s¡te landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in the city's most recently adopted Uniform Bu¡lding Code, creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water dispoSal systems where sewers are not available for the disposal of waste water? Vll. HAZARDS AND HAZARDOUS MATERIALS: Would the project; a) Create a significant hazard to lhe public or the environment through lhe routine transport, use, or disposâl of hazardous materials?
b) Create a significant hazard to the public or the environment lhrough reasonably foreseeable upset and accident conditions involving the release of hazardous material into the env¡ronment?
c) Emlt hazardous emissions or handle hazardous or acutely hazardous materlals, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site whlch is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a signíficant 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, withín two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the projêct area?
S) lmpair implementat¡on of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death involving wlld land fires, including where wild lands are adjacent to urbanized areas or whero resldences are intermlxed with wild lands?
Vlll. HYDROLOGY AND WATER AUAUTY: Would the project;
a) Violale any water quality slandards or waste discharge requiremenb? b) Substantially deplete groundwater supplles or interfere substantially wilh groundwater recharge such that there would be a net deficit in aquifer volume or a lower¡ng of the local groundwater table level (e.9., lhe production rate of pre-exisling nearby wells would drop to a level which would not suppo¡t ex¡st¡ng land uses or planned uses for which permib have been granted)?
c) Substantially alter the existing dtainage pattern of the site or area, including lhrough the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Subslantially aller the existing drainage paftem of the site or area, including through the alte¡ation of the course of a slream or rlver, or substantially increase lhe rate or amount of surface runoff in a manner which would result ln flooding on- or off-slte? e) Create or contribute runoff water which would exceed the capacity of exisling or planned storm water drainage systems or provide substanlial additional sources of polluted runoff? f) Otherwise, substantially degrade water guality? S) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundaryor Flood lnsurance Rate Map orotherflood hazard delineation map? h) Place within a 100-year flood hazard area, structures which would impede or redirect flood flows?
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File No. Tentallve Tl¡g,ct Map No. 6490 Page 5 of 15
EnVironmental lssue
Potsntlally
Slgnlflcånl
Less Than
Slgnlncânt
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Mlllgatlon
Lsss Than
or r¡sk of or dealh
including flooding as a result of the failure of a levee or dam? j) lnundation by seiche, tsunami, or mud flow? lX, LANÐ USË AND PLANNING: Woutd the project;
a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the pro¡ect (¡ncluding, but not limited to the general plan, specific pian, local coastal program, or zoning- ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any appl¡cable habitat conservation plan or natural community conseryation plan?
X. MINERAL RESOURGES: Would the project;
a) Result ¡n the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site that is del¡neated in a local general plan, specif¡c plan or other land use plan? X[_E!SE: Would the project result in;
a) Exposure of persons to or generation of noise levels in excess ofstandards established in the local general plan or noise ordinance, or applicable standards ofother agencies? b) Exposure of persons to or generation of excessive ground-bome vibration or ground-bome noise levels? c) A substantial permaneni increase in ambient noise levels in the project vicinity above levels existing without the project?
d) A substanlial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing w¡thout the projêct?
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 expose people residing or work¡ng in the project area to excessive noise levels? f) For a project wlthin the vicinity of a privale airstrip, would the project expose people residing or working in the project area to exoessive noise levels? Xll. POPULATION AND HOU$ING: Would the project;
a) lnduce substantial population grovvth ¡n an area, either direcily (e.S., by proposing new homes & businesses) or indirectly (e.9., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitaling the construction of c)
replacement housing elsewhere?
Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?
XIII. PUBLIC SERVICES:
a) Would the projecl result in substanlial adverse physical lmpacts associated with the provision of new or physically altered governmentai facillties, need for new or physically altered governmental facilities, the construclion of which could câuse significant environmental lmpacts, in order to maintaÌn acceptable service rat¡os, response times or other performance objectives for any oflhe public services;
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?
XlV. RECREATIOiI: Would the projecl:
e) lncrease the use of existing neighborhood and regional parks or other recreational facilities such that substant¡al physical deterloration of the facilig would occur or be accelerated? b) Does the project include recreational facilities or require the consl¡uction or expansion of recreational facilities lvñich m¡ght have an adverse physical effect on the environmenl? tr ü
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File No. kntatlve Trad Map Nc.. 6490 Page 6 of 15
Environmental lssue
Polontl¡lly
Slgn¡ncanl
lmoact
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XV, TRANSPORTATIONTTRA¡F|C: Woutd the project;
b)
c)
d)
e)
f)
s)
Cause an increase in traffic which is substantial in relation to the existing {raffic load and c€Pagity of the street system (¡.e., result in a substantial increase in eith-er the number of vehicle trips, the volume to capaciþ ratÌo on roads, or congestion at intersections)? Exceod, either._individually or cumulalively, a level of service standard established by tne county congesllon management agency for deslgnaled roads or highways? Result in a change ln air trafûc pattems, including eilher an inciease in traffic levets or a change in location that results in substanlial safety risks? substantlally Increase hazards due to a deslgn foature (e.g., sharp curves or dangerous intersections) or lncompalible uses (e.g., farm equipment)? Result ín inadequate emergency access?
Result in inadequate parking capacity?
conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, birycle racks)?
a)
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XVl. UTILITIES AND SERVICE SYSTEMS: Woutd the project;
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?
b) Requ¡re or result in the conskuction of new water or wastewater treatment fac¡lit¡es or expansion of existing facilities, the construction of which could cause slgnif¡cant environ mental effects? c) Requlre or resull in the conslructlon of new storm water drainage facilities or oxpansion of existlng facillties, lhe conshuction of which could cause signilìcant envlronmental effecls? d) Have sufficÌent water supplies available to serve he project from êxisting entilemenls and resourcês, or are new or expanded entitlements needed? e) Result in a determinatlon by lhe wastewater treatment provider whlch serves or may serye thÊ project that lt has adequale capaclty to serve lhe project's projêçted demand in åddition to lhe provlder's €xist¡ng commil¡nents? f) Be served by a landfill with suff¡cient permitted capacity to accommodate the project's solid waste disposal needs?
S) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to degrade the quality of the environment, substant¡ally reduce thê habitat of .a fish or wildllfe species, cause a fish or wlldlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce ¡¡à number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does lhe prdect hâve impacts that are indivìdually limited, but cumulatively considerabfe? ("cumulatively considerable" means lhat the inoremental €ffects of a project are considerable when viewed in connection with the effects of past projecb, the effects of other cunent projects, and the effects of probable future projects)? n
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c) Does the project have environmental effects which will cause substantial adverse effecb on human beings, either directly or indirectly?
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File No. Tentatlve Tracl Mao No, 6490 Page 7 of l5
EVAUUATION OF ENVIRONM ENTAL 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 within a state scenic highway. The project site is not adjacent to a designated "scenic" state hþhway. No significant impacts are noted.
c. The project is only proposing a tentatíve tract map for g7 single-family residential lots on 30 acres of land. Therefore, the project would not substantially degrade the exisiing visual character or quality of the site and its surroundings.
d. The project is only proposing a tentative tract map for 97 single-family residential lots on 30 acres of land. Light from future development on the site would not substantially 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 light and glare. No significant impacts are noted.
AGRICULTURE RESOURCES
a. The project is only proposing a tentative tract map for 97 single-family residential tots on 30 acres of land. State CEQA Guidelines, Section 15206 does not regard the cancellation of g9 acres or less from the Williamson Act to be of statewide, regional or area wide significance. The project site is not under a Williamson Act contract and the proposal would not convert 100 or more acres of farnland.
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 residentíal development. Therefore, the proposal would not conflict with any existing agricultural zoning. The project site is not under a Williamson Act contract. Therefore, the proposal would not have a significant impact on agricultural resources.
c. There are no special attributes of this project site, related 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 itsetf is typical of the development found in the City of Shafter which should not, by its specific nature, result in the conversion of farrnland to nonagricultural uses.
AIR QUALITY
a. The San Joaquin Valley Unified Air Pollution Control District encourages localjurisdictions to design all developments in ways that reduce air pollution from vehicles, which is the largest single category of air pollution in the San Joaquin Valley. The Guide for Assessing and Mitigating Air Quality lmpacts 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 new 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 Thresholds for Project Operations ROG 10 lons/year, Nox l0 tons) of the San Joaquin Valley Unified Air Pollution Control District's Guide for Assessing and Mitigating Air Quality lmpacts. The project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. Also, the project site is not within the distance triggers noted in Table 4-2 (Project screening trigger levels for potential odor sources) of the same document: Guide for Assessing and L
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File No. Tentative Tracl Mao No. 6490 Page I of 15
tv.
Mitigating Air Qualir, rmpacls. The dust suppression measures tsred as Regulation Vlll are required for all construction in the City of shafter anà are regarded by the san .roaquiî üairey Únified Air Pollution control District as sufficient measures to ieduce pi,t-to impacts io levels láss than signifícanl. c. The project will not increase any criteria pollutant (for which the Southem San Joaquin Valley is nonattainment) be_yond the level of sígnificance as defined by the San Joaquin vatiäy unitieti nir Pollution Control District (see answer in lll.b.). Therefore, thã proposal would not reéutt in a cumulatively considerable net increase of any criteria pollutant. d. There ís no evidence that this project creates any pollutant "hot spot" that would expose sensitive receptors to substantial pollution receptors. The only potential "hòt spots" are locatäd at intersections that are "severely" congested. There are no adjaceñt intersections which are at a level of service "F" aÍìd therefore by definition no significant pollutant "hot spot" impacts are identified for this Project - see answer lll. b. above.
e. The land use proposed by the project would not create any objectionable odors. This proposal is not on the list of those land. uses generally regarded as the type to have site odor problems (ior the list of facilities please see Table 4-2, San Joaquin Valley Unified 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 hábitat that would be utilized by s-ensitive or listed species. Therefore, the proposal would not have any significant adverse effect on biological resources.
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 City 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 cultural resources.
V
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 nuisery sites on or near the project site. Therefore, the proposal would not have any significant adverse effect on biological resourðes. e. The proposal would not conflict with the Environmental Management Program (Section lV) of the City of shafter General Plan whích addresses wildlife/botanical resources. f. There are no other adopted plans which are applicable to this area which relate to biological resources, see answer to lV.e. above.
CULTURAL RESOURCES
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 l4 GCR Section 4850 ef. Jeg.). 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 Code. There are no significant historicai resources meeting the requirements of Section 5024.1(g) of the Public Resources Code. See discussion in V.b. below.
Fìle No. Tentative Tract Map No. 6490 Page 9 of 15
c. The Environmental lt,,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 disturb 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.
VI. GEOLOGYAND 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 will be constructed in accordance with the Uniform Building Gode, and will adhere to all modern earthquake standards, including those relating to soil characteristics. There are no issues regarding the proposal and geological and soil resources.
4.il. See answer to Vl.a.i.
a.lll 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
a. 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 97 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. Constructíon 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.
File No. Tentatlve T'g,ct Map No. 6490 Page 10 of 15
h. There are no wildlarr-s located a-djacent to or near the project site. No significant impacts are identified.
HYDROLOGY AND WATER QUALIW
a. The ptoposed project would be implemented ín accordance with all applicable water quality standards and waste discharge requirements, which will ensure that the quality and 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. Expansion of all water ut¡l¡t¡es would be required to serve the project site, but the impact is not considered 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 with an approved drainage plan (for every project) which avoids on and off site flooding, erosion andsiltation 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 1O0-year flood hazard area as delineated by the Flood lnsurance Rate Maps prepared by the 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.
The project site is located in an inland valley, a considerable distance from the coastline 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 calry a mudflow to the site. Therefore, site inundation by a seiche, 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 ís only proposing a tentative tract map for 97 single-family residential lots on 30 acres of land. Therefore, the proposalwould not physically divide the City of Shafter. b. The project is only proposing a tentative tract map for 97 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.
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File No. Tentalive Tract Map No.6490 Page 11 of15
xt. NotsE
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 rosiof thó northern pärimeter 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 site. 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 required 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 from Highway 43 to a level that is less than significant. Therefore, development of the project site would not expose persons to noise ín 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 measuie is as folÍows:
fVlitioation Measure:
l.) A six (6) foot high masonry btock 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
The project is only proposing a tentative tract map for 97 single-family residential lots on 30 acres of land. Therefore, the proposal would not induce any substantial growth in the area. 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.
PUBLIC SERVICES
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 seryices 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 $ ô5995, 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 authorized 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 lhe method and evidence as required by the Government Code. No impact has been identified.
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File No. TqntatÍve Tract Man No.6490 Page 12 of 1 5
a,iv. For parks, the City of S!"t9, collects park development fees or accepts land dedications related to residentialdevelopments' The fee is intendedto mitigate impacts by'providing funJing to construct new parks. Compliance with the park land and the pãrk oevðtopmeñt'fee ord¡ñance ensures that parks are provided and built in accordance with City standards as described in the Generat ptan.
No impact has been identified.
a.v.Other public facility improvemenls from the proposod development and eventual buildup of this area will result in an increase in maintenance responsibility for the City of Shafter, These increases in services are not deemed significant.
RECREATION
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 Avenue and at Los Àngeles Street. A proposed 81-unit apartment complex is located directly west of the project site (CUe No. 03-l B). At the intersection of Highway 43 and Ash Avenue, improvements including constiucting a standard public road connection, left-turn channelization, and intersection lighting are requiredas development conditions for CUP No. 03-18 (i.e., the apartment complex). To ensure that the intersection at Los Angeles Street and Highway 43 is not impacted at the completion of both the proposed project and said 8l-unit apartment complex, the developer will be required to pay his or her proportionáte share to complete the intersection at Ash Avenue and Híghway 43. This mitigation measure will reduce potential impacts to the Highway 43 intersections at Ash Avenue and at Los Angeles Street to a level that is less than significant. Therefore, the proposed project would not have any significant adverse impact on transportation and traffic. The proposed mitigation measure is as followð:
Mitiqation Measure:
f ') The developer shatl pay his or her proportionate share to comptete the intersection at Ash Avenue and Highway 43.
b. See answer to XV.a.
c. There is no air traffíc issue associated with the proposal. d. Allroad improvements are subject to compliance with accepted traffic engineering standards which are intended to reduce traffic hazards. There are no incompatible uses which havè been identified with this project. No significant impact noted.
e. The proposal would not impact any emergency management agency's ability to access the area regarding emergency situations. No significant impact noted.
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 identified. g The project is not anticipated to be inconsistent with any policies or programs supporting alternatíve transportation. No significant impact noted.
UTIL]TIES ANÐ SERVICE SYSTEMS
a. Future residential development of the project site would be connected to sanitary sewer and would meet all of the requirements of the Regional Water Quality Control Board. No pôtential significant impacts have been identified.
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File No. Tentatlve Tract Màp Na._6490 Page 13 of 15
XV¡I
b' Future residentlal o-. /elopment of the projoct site would not resutr n the need for sígnificant add1ional systems or substantially alter the existing water or wastewater facilities. rrp""rioÅ? all utilities would be required at the time of developmenl, but me impaãiis not consi¿àieì signif¡c"nt. c' Almost all new development requires the construction of new storm wate¡ facilities, the construction of which.is typically an extension of lhe existing system. This incremental improvement is not considered to be a sígnificant impact. d' The proposed development would not result in a need for signíficant additional systems or substantially alter the existing water utilities in the area. Exp-ansion of water utilities would be required at the time of development, but the impact is not cónsidered significant. - -
e' The Gity of Shafter is the waste water heatment provider and has indicated there is sufficient capacity in the existing plant to serve this project. No significant impact is noted. f. The Shafter^rVasco Landfill serves the City of Shafter area. The facility is located on Scofield Road about B miles west of Shafter and 'l mile.no{h-of Lerdo Highway. The tandfilf Oàs¡gn and operations are conslstent with State Minimum Standards for Solid waéte HãnCIing anJ oirporäi". determined by the Local Enforcement Agency. The landfill will not need significañt n"* or suosiant¡a¡y, attered facilities to accommodate this project. No significant impact is noled, 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 signiiícant ¡mpact is noted.
MANDATORY FINDINGS OF SIGNTFICANCE
a. The. project is only proposing a tentative tract map for g7 single-family residential lots on 30 acres of land. Based on the above evaluation, the proposal would nol degrad-e the quality of the environment, substantially røduce a1¿ h.glitat or impact sensitive or listed specìes, or eliminaté important examples of the major periods o-f Galifornia history or prehistory. Thereiore, the proposal woulä 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 ímpact human beings, either directly or indirectly.
File No. Tentalìve Trdct Mao No. 6490 Page 14 of 15
REFERENCE LIST
city of shafter General Plan and Appendices, volume l, september, 1gg3.
City of Shafter General Plan Final Environmental lmpact Report, Volume ll, September, 1993.
Title 17, Zoning Ordinance, City of Shafter Municipal Code Title 16, Subdivision Ordinance, City of Shafter Municipal Code Guide for Assessing and ltrl_itigating Air Quality lmpacts, San Joaquin Valley Alr pollution Control District, January 10,2OO2, as updated.
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File No. TantatlveTra,ct MaÐ No.649A Page 15of15
SHAFTTER
COMMU NITY DEVELOPMENT DEPARTMENT
BUILDING - ENGINEERING . ?LANNING . pUBLtCt/yORKS
336 Pacific Avenue
Shafter, CA 93263
(661 ) 746-2065
Fax: (661) 746-9125
March 29,2005
Responsible or lnterested Agencies
Notice of Public Hearing and lntent to Adopt a Negatire Declaration for Tentative Tract Map No.6490
ïo:
RE:
Pursuant to the California Environmental Quality Act (CEQA), the City of Shafter, as lead agency, has prepared a Negative Declaration for the project identified in the attached lnitial Study. We would appreciate the views of your agency as to the scope, content, and adequacy of the env¡ronmental information which is applicable to your agency's statutory responsibilities in connection with the proposed project. Your agency may need to use this Negatire Declaration when considering any permits or other approvals needed for the project.
The 30'day public review period for the Negative Declaration will begin on wednesday, March 30,2005, and end on Thursday, April 2g,zoos. please send your response to Wayne Clausen, the project planner assigned to this case, at the Cityof Shafter Community Development Department, 336 Pacific Avenue, Shafter, CR g-eZOg. ln your response, please include the name of the contact percon in your agency.
Pursuant to the California Environmental QualityAct (CEQA) and Planning and Zoning Law of the California Government Code, notice is hereby given that a hearing accêpting teslimony regarding said Negative Declaration and proposed tentative tract map wiit UJnelO before the Planning Commission of the City of Shafter on Tuesday, April 12,2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambes of Shafter City Hall, 336 Pacific Avenue, Shafter, California, 93263. The Shafter City Council ís tentatively scheduled to consider the Negative Declaration and proposed project in May, 200s.
For more information, please call the Cityof Shafter Community Development Department at (661) 746-2065.
Sincerely,
Senior Planner
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NOTICE OF DETERMINATION
County Clerk, County of Kern FROM
11 16 Truxtun Avenue, 1't Floor
Bakersfield, Califomia 93 30 1
CITY OF SHAFTER
Planning Department
336 Pacific Avenue
Shafter, Califomia 93263
Office of Planning and Research (If the project requires state approval) P'O. Box 3044 (U.S. Mail) 1400 Tenth Street, Room 222 (overnight delivery) Sacramento,Califomia 95812-3044 Sacramento,California 95glz SUBJECT: Filing of Notice of Determination in Compliance with Section 27152 of the Publìc Resources Code.
State Clearinghouse Nrrmber
(If subnritted to SCH): z'oo¿'ovtt -t'i Contact Person: Telephone Number:
ProjectTitle:'l.racl6490
Project Location flnclude County): The project site is generally located on the northeast comer of Los Angeles Avenue and Mannel Avenue (extended) within the City of Shafter. Scction 15,^1. 28 S., R 25 E., MDM, City of Shafter, County of Kern.
Project Description: The applicant is requesting approval of a 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-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 sheet (68 foot right-of-way). 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. 2005. 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 judgmenl of the Lead Agency.
3. Mitigation measures were 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 comments and responses) or Negative Declaration are specihed as follows:
Planning Department, Shafter City Hall, 336 Pacihc Avenue, Shafter, California 93263 Date: l-3-o5 Signature:
Date Received for F'iling:
CITY/RVPI,B t2003 I 3 12864
Title: PlanningDirector
FORM ''F"
CERTIFI CATE OF FEE F,X MPTION
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 right-oÊway). tr'indings of Exemption:
L An kritial 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;
O) 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 identified 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 water resources, the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water.
CERTIF'ICATION:
I hereby certify that the Lead Agency has made the above finding(s) of fact and based upon the Initial Study and the hearing record the project will not individually or cumulatively have an adverse wildlife as defined in Section 711.2 of the Fish and Game Code Lead
Title: Planning Director
Lead Agency: City of Shafter
Date:May 3,2005
A
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City of Shafter
StsIAFTER COUNCIL AGENDA REPORT
Meeting Date: April5,2022
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Steve Esselman, Planning Director
SUBJECT NOTICE OF NONRENEWAL NO. 22-30, A NOTICE OF
NONRENEWAL OF A WILLIAMSON ACT LAND USE CONTRACT
RECOMMENDATION
Council find the requested action is exempt from the Califomia Environmental Quality Act; receive and file Notice of Nonrenewal No. 22-30, a notice of non-renewal of a V/illiamson Act land use contract on 19.55 acres; and direct Staff to record same.
OWNER City of Shafter
336 Pacific Avenue
Shafter, CA93263
PROJECT DATA
1. General Plan Designation: The land use designation for Assessor's Parcel Number (APN) 026-010-26 is LDR (Low Density Residential)
2. Zoning: The zoning classification for APN 026-010-26 is A (Agricultural)
3. Acreage: 19.55 acres
4. Assessor's Parcel Number: 026-010-26
PROJECT ANALYSIS
The City owns 19.55 acres (APN 026-010-26) to be used for future residential that is currently under a Williamson Act land use contract (see Exhibits 1 and 2).
The contract, executed under the Land Conservation Act of 1965 (V/illiamson Act), was initially effective for a ten (10) year period starting in 1983. The contract then automatically renewed for one (1) additional year on each anniversary date ofthe contract.
To stop the automatic renewal of the contract, a Notice of Nonrenewal (see Exhibit 3) must be recorded by the City. Once recorded, the contract will not be renewed, and in nine (9) years from the recording date, the contract will lapse.
CONSENT CALENDAR tÒ
Notice of Nonrenewal No. 22-30
CEQA
Per Section 15601(bX3) (Common Sense) of the California Environmental Quality Act (CEQA) Guidelines, the action is exempt from CEQA because the Notice of Nonrenewal would not cause any physical change to the environment. The action would only begin the Williamson Act land use contract nonrenewal process on 19.55 acres of land that is currently fallow and out of agricultural production. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to CEQA.
FISCAL IMPACT
There is no fiscal impact because of the proposed action.
ALTERNATIVES
The City Council could deny the proposed action, and the V/illiamson Act Contract on 19.55 acres would persist as well as all the development constraints placed upon the acreage because of the contract.
ATTACHMENTS
Map
Land Use Contract
Notice of Nonrenewal No. 22-30
1 2
J
Notice of Nonrenewal No. 22-30
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(b) lt ti r¡È$d:lt wdrrrtood t¡rtt rll. Co!.rt 17 brta¡ üt âctfoa tt Éouffi !.c..aaE7 ts øfs¡e¡ tÈ:l¡ gcÊi;êg¿, LæLtÈ!,ae, hue dâg l!ålE*q Èo¡ tlr retloa to ¡dorc¡ t¡tr Co!Èñßg V1 cAæLIte prrforrrncc or 1s¡ttlßtloü. 1, æim¡lf nDt û c0tnl[f! Ttil !ffitfllü rutß âmitlD tt ff¡úíßtrt (¡) tttt Cratrrct 1¡ ¡t¡o rrdr r¡d taËrrrd ttùo tr¡rrrtent to ßh. gwtr{lfialr af th¡ tfllforn ¡uLr êdûttrd by tta toerd of 8çcrvboro of Ëbr cornÈ, ¡oY¡¡r¡lr{ Èh. aÖ{¡l¡ttrt¿¡¡Ê of ¡¡rlcr¡ltu¡rl Dtüt.rrcrr tocludlr¡, Þr¡c ¡ot conff¡¡rl tor üh. lrad ur lrtrfctloû. ¡¡d .û¡niltlor rll d.ffBltfo! of co4ettblr ußr thr¡cf¡ cô!¡rl¡.¿.
(ù) tt 1¡ .rt¡sr.ly rEdrrrtood od r¡rerd rbrt durfa¡ Ghr trt¡ of til¡ CoatncÊ or a¡3r tøñ.r. t¡hrrof ßhe torrd of, Stprrrlro¡¡ of tbr Cor¡ltt rry ¡drl to tüoú r¡úlc'¿ltrrrl ead €aprGlble orrr tgrcÍllrd t¡ tbc .J:.roluÈlon, cr l¡lolstloú prrrcrfbln¡ üdl,fon Bulr¡ twrrsl¡t the rrhl¡trtreËloa of tbr e¡r4- cr¡lts¡rl ?r¡rtrnl çttåt¡ ¡trlcü thr lüd 4Ë.cdbrrl l¡ tùf¡ Coûtr¡ct lr locrt¡d or :t ott.lrrlrc rótf¡ ¡rtô G¡lfor¡ Rrrlo, ¡rorldtd, høsvrr, th¡t ùb. ¡r¡þrtqrrut tt'trr¡¡r:foa or rcducÈlo¡ la acogr of r cqatlblc r¡¡c rhlÆb ù to aûlrr¡tad or dcf,l¡¡dr or ¿hÉ librqrrct Ðo.r.Ètñ of rny l¡¡d r¡rr nrtrtctlou rô1cL t¡ mt t.t fortb, f¡ erfú llsl,fon Rule¡ ¡r of tt ¡lrt¡ of tblr Coqtr¡ct, ahrll pt be d¡cd ¡t ç.elæE çba l¡¡d de¡crtbed tû th& Contrrct unrr¡¡ md crcrgÊ rl,t:l tha rÉ{Ct n çolroÈ of ttr Gatr.
(c) ltr thLfpr= -P.*!- "ûþb :ie rp911crb1c to ¡h¡ 4stculturrl ?!.¡rrvta f¡ rbtcb tfie 1r¡ð berrl¡ ilrrcrlbrd ls .l1Br¡¡Èa¿ rrr hcorporrt*l ôud¡ by nfrræcr, &clodl,a¡ thon t¡ffo¡r ¡¡¡iir rð er ln ¡lf¡ct BÈ tte 4ctc of tblr Cmt¡rcß ud, rtbJ¡et to Êh¡ lldË¡ülotr ¡tormtior¡¿ t¡ :b!r Ârtlcll¡ tbo¡r .
edrGt¡ o.ir rd.U,Ètolr Eh.f.Èo rbfcb r¡ bo rrtrrquratly ribgttd frn tfr to tlr.
5. l¡Cl¡Fl0i 0F t¡l¡l8 olll¡ EÀll AGüC0Lîtr¡¡¡ ¡lfü tÐllAllilt tSlS:
(¡) Dr¡sll|, tbc trr! of Shtr Cqatsrct or rr' t¡lrclr tt¡¡ot, thr trr¡la d¡rcrlbcd lsd rh¡lll út bt umd tcr ry pr¡spor. oåtrrÛr¡ ¡¡=teultm¡l u¡¡r rnd tbo¡e ¡¡¡r¡ eoertfblc rlth .tslq¡lÈwd r¡r¡¡.
(b) l¡ rru{ la tiù gortÌrct, ¡h¡ lollrfa¡ t.rr ¡hrll hrrr tür¡r rrfnrir r¡l¡¡lt i
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(1) íl¡rtcult',8rl r¡r¡rrf ¡t¡lt rrq gbt u¡t oE Ltú f.or tbo tútorr of fodr¡ctu¡ ¡ rlrlcr¡lturd. cædfct for gnrcl¡l ¡rr¡io*r.
Q, t'l¡rtcultu:rl c*rtL?í ¡l¡11 rr¡ u7 tú rll plr¡t ¡¡d r¡frl prcducsr grodræcd f¡ tbfu rc¿ll Éor crrcl¡l púr?or¡lfo (3) 'rG4rtlblr r¡¡r¡tt rhll 1r¡ Ètolr qr.¡ mnrtÊ.d lr: tbt U¡lforr l¡¡lxr or u drtr¡ú¡¡d tt th. l¡¡d Co¡¡rrvrtfoû Act, (4) rÐatto¡¡ lr¡h¡n ¡h¡¿ll ¡r¡ tbr tlnllon t¡rL. do?Ë.d bt rhr lorsd oC gr4t¡xüo¡r of th. ColEtt Eo¡rr¡l¡¡ th¡ rdrla!,r'tlltl.oB of {atculturl' prnnrr .. ü!r fi¡lly d¡rcrlbed 1¡ AsüÍelt 3 Ltr¡ln¡borr. 6, lr¡trrÀllOll c; sç-gS$lt3¡
Dür!$ tbc tu¡ of tbl¡ Co[trrct or rBt raãll¡ tberro! ¡ro rtruetulo rhrll Þr eract.d r4oo rrfd læd acrpt l¡æb ¡ttuctt¡rrf I -,
br d!'reetly r¡l¡tcd
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¡t tr r¡tr¡¿trly r¡od¡'rrtord rod r¡rred tbrÈ rulthet tlo provfrtonr of thfr CootracÈ lpr of, uy totforn RcLe edopecil by tho Bo¡¡d of, Supcw[ron of, tbe CorEÊt rbrl1 l¡ It E.r oftrcc, LliLç', or ruprrædl trhr pluoln¡ ¡¡d ¡oat¡t "Ûsrnai of th¡ Cou!Ët.
8. tõffitàfü i¡ñS 1úÎB ilf,D; FitGi ÛF tisiSiÛr ÛF î,âñD:
ra- a l,l, â¡"I' IlB$ttlloÛl or En¡ll -! l¡gllEEacE lll¡¡ rlE t¡.Bl¡ Gr! sß düÉtürd berela"
(b) tft¡ Coctl¡ct ¡brl.l' t btûl&r¡ uDo¡r ¡¡d lsurr to thr bærltt ot, r11 .uc€crtorr t¡,rt.r.rÈ of thr cÉ.r.
(c) Btronrrr tl8il s¡d6l thft Ca¡Ês3ça tr dlvtilril' Ghr (¡il8 ot ¡qy 9ccr1 of rr¡cb dly|tr¡d Lad ry øtcllr¡ flattçæüot ol æ1 othlÈ ûl¡rr of æy othcr portlol of ¡ucb dlvtd¡d lld, eny of tü¡ rt¡ltr of thl onrr 1a rb¡ ottSl¡¡l Co!3¡¡ct, fac.fu¡¡ll¡3 th rt¡þe to ¡fi. ¡otlca of ¡o¡¡A¡i¡rl ¡ar! Èo Pctltfon tor c¡ærll¡tto¡. tñc rffrc,t oî, try rseb ¡ctlol by the (l¡¡r ol r prrcrl crregü¡ by ¡r¡rå dlvt¡tor¡ of lod r¡ùrE thft Coatrrc,t rhúi. æt Lr llí¡sral to thr Èù.¡¡ Õf tt¡ rei¡l¡C Dr¡c¡l¡ ud rhell ü¡r¡ æ rffee! oû Èha Cütrrct ¡¡ tt ryPl{.¡ to tbe rcrdatl3 ¡ltcda of tå¡ dtvtðrt lr¡d.
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10. Ollll lP ntlü lllì0lllllil¡
(¡) O¡ü. rtr¡ü to lur¡l¡b tht cornfy rlth ruch f¡f,onrttø ¡¡ ¡ho gorlsÈ7 rbrll rrqulre ln osdcr to ¡úle lt to d.t.rü,sl ttc eortûulsB rll¡tüll.tty of fhl lr¡d brrqln drrcrlteü rtcb rarÐ.cÈ Ëo th. t¡t¡ of thr Act, th¡ Erovl¡lo¡¡ cf t¡¿. CsaCrrc!, ¡¡d r¡drr the tlnlÍo¡r lr¡lr¡ rcl¡tl.a¡ to tbe ¡rrr.¡nr. tû tlúcb ¡rld læd tr ritútrd, t¡¡ tfr to Èlr thm-sc$ra.t.¿ bt ttr Coüatt. '(þ) 0rurr rçu Èbrt. r e.ow oÍ tbl¡ Cootrrct rrt br rccordrd by tb. Courtt rod r¡ru proprly to rclnonl¡ilæ ¡Il .i8!¡trrr.r r.qülæd of, 0m* brrrl¡ lor ruch Dqr¡rom.
Ll. flÀZVlß 0t PÃlGfÎl¡!
orarr herrby nfv¡r ¡¡t oblt¡¡tto¡ of Cormt¡ to rrt¡ .¡¡t p¡F.otr co Orurr r¡sdar tbl¡ Co¡ttrsi r¡d 0¡ncr ab¡l1 aog trcrlve r¡y p.yrÊút froa CouutT l¡ co¡rtd.a¡tlo[ of tha obll8¡Èlsú læor¡d hrreuadrr' 1È b.tog nco¡nl.ard aad egrl.il thrt thc con¡fil¡r¿Èl,on for thr crccuÈl.o¡ of tbe rlthll go8Èt¡cÈ tr tùr rul¡tr¡tl¡l ¡r¡bl1c bcf,tr. to be dcrlveð tbcrcf!Ð rnd tb. rdvrntr3r ¡¡¡¡ç¡ r{[1 aßcrr¡¡4 to ûilrl ¡¡ ¡ r¡ru1t ol t'be rff,¡ct o¡ cb¡ nitoit of ttat jilfrifs¡ tb.r r¡r¡¡llõ vrlr of 1r¡d dccrlbrrt tlrd¡ rnd uy t.d¡rcttoa thrrrlri dta to tto lTcricio¡ of tbr ltrftr¿{o¡¡ or l,tr r¡¡r co8trl8rd l¡r thtr co[ct¡ct. t:2'
ffi:r*t mly b¡ c¡cellct t¡ rccordrocr rtth tär pro¿¡ro¡¡ qf Srctto¡¡ t12t&51285 of tb. Act.
13. tlllcl ol ltrOv¡¡. úl l¿¡D ltfi ACRICtIL'ÎltîåL Pnl9ttt'l¡ It lr r¡rrrrl &et ¡rvr1 of ray l¡sd rndrr cblx Co¡ttrßc frn ls r¡rtcultnral prü.nrr rbrlt br qrúrrlüc of ¡ot{c¡ of ¡mrønl b¡ thr CouÈt' for thr ?ur?or.r of 5æ¡lor 126 al e!¡ l¡vnrn ùd tßrÈloo @dr, u E lû rfirct or ¡r *Ë rry frc tlr to ilr i). ü¿t¡f' û[d ¡Þgucrbic ¡rwllfon¡ of ùh¡ l¡¡¡1 Co¡a.rrr¡ttoû Act.
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trd¡r¡l Govc¡rac or ¡ot Da&roü, l¡lËrl'.¡trlltt or rtrlct ect&¡ r¡¡dlr ru¡horltt or Dürr of tbr lrdrnt üorraürt'' tblr Co¡trrcc ¡brll bi d¡-åd nr¡l1 r¡d volil ar to th. iod rctul,ly t¡l¡¡ co¡død or æ rcquf,rrd ¡¡ of t¡br úrtr tùr rßtloú {¡ !11rd, üd óoa ú¡ trd¡relos ol r¡rb r procrdt¡3r ttlr Coútt¡ct rbrll br astl rld wtd tlox r11 Lcd rctrnlJly t¡la or ecqulrrd.
(b) llbra rucb ¡e ¡etloa to coûdc oa .cqr¡lrc 1¡r¡ gbr¡ ¡11 th. rotlrr prrcd l¡¡t brrcl¡ docrlb¡d û cilnc.d, thl.r CoatrrcÈ rbrll ùc ¡l¡rd ur¡l1 r¡il vold ¡r to e,ha l¡¡d ¡ctr¡¡lty ¡o cfidc.d or rcqrÉnd, (c) tb¡ 1"ærl rctr¡d1t trL! bt tb. ¡rn¡ tf,o¡æclonad tû thlt At!1c13 rt¡ll b¡ rævrd fra r¡bt¡ C{tütr¡sÈ. U¡drr æ ct¡cüÈr¡ôcrt rträI -riaii be rævcd fror $l¡ Coûtilct tb¡t l¡ üoÊ tctu.¡.lt tú.o bt t¡he n¡¡¡ rfo¡rstotlou¿d, rrccpÈ r oÈbrrTtæ provlihd l¡ thr l¡ud Co¡¡eilvrtlon Ac,t, tl Dsù l¡ clf,rcÈ os ú tÊ t7 îxd- trr to tll b. rredrd.
llt. û@¡no¡rrrffi 0Í ?þWSIoiS 0l ACI Ël iEll¡Bctt súlgËQuÉll ÆlaGi&tÎg! (¡) lbr gri'vlrlmr ol tb f'rú Co¡¡rmrÈLo! AcÈr lleh{t'¡ ar¡ r-adEtr .Etßtcä o¡ or trf,or¿ tbe drÈe ol tb¡ CcûGrlct, rrc tncorporrtral h¡rri¡ r¡d rrile r prrt of thlr Coltr¡çt bt r¡t.roce, raú úl of thc provlrlonr of th{¡ CoaÈr.e! ¡È¡1!. be cuËelill¡e¡r thrrtÊo ü¿ cort¡¡r¡¡d ä¡¡¡atourly tbcrlrrltb. (b) åst psocllloû co!Èrf!¡¿ tn 11 radr¡otr !o ttr l¡¡rl Coo¡rrt¡.tloo Aßt .o¡çt.d f¡r tlr Go tlr ]{r-rg-:at to tbr €.rtc of tblt Cotr¡ct ¡nd úlcb t¡ procrüurrl or rrdt¡l t! rtf.ct rü¡11 dlo !r de-¡l flcor¡nrrtcil bcret¡ r¡d ¡dr r ÞüÈ of tblr CoaÈrrcÈ by rrtrroct.
(c) âût ?rûrtrfor con¡¡lnt tl oy erbú to tl¡e Lsd Courærtlo¡ Ac,È ¡¡cltð frot ttr to ttr l¡br¡{u¡¡ Co thr lrte of ttl¡ Cat¡¡ct rùlcü h¡¡ thl rftect of ûtütsf ¡ ¡r¡brti¡ttlr rl¡lt or oülf¡rtlol o! tt¡ colttlcÈ lb¡1!' ¡et br dt¡t tt3cr?orttüt b.qdEr ll1l¡r rfi:h. t.Þe r¡tr¡.l coltaût of ¡br D¡rtt l bareto or I u,l¡¡ o¡Ltrirt p¡Evld.d tl, cblr Cootrect. Sr¡cù rr¡bctnÈf?. rf¡ht o¡ obltl¡tto¡ I
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rbr!,:! fic!¡d., but lt Dg ltdËad to, th. follortq; tacrrrrln¡ or dacrcr¡t¡¡ tb ðrr of d¡¡ Coauæt¡ rürfu¡tl¡¡ or lltorfu¡ t¡. rfût to or ¡toraù for nnçel or cnc.ll¡ùlas oC tbr Go*r¡ct¡ or ol{dle;t¡t, ¡ddf¡¡, or rdtJ;ylaS euy lrnd u¡¡ rut¡lceloc or cttrttbl¡ r¡¡c of lr¡d.
(d) lry prorl¡toa of g, ædragr ùo ebt t¡¡d Coa¡rtlvrËt@ têt ¡¡rcsrd fra tl,r to ¿1.: ¡rd¡;.4t¡tct to tt¡ d¡te of ¡hl' Co¡tr¡ct trbtcb {¡ hcor1ol|td 1ø7 xl,tlÑ.a* hrrdn Ú grovldrd l', ttl¡ Arelclc rhall te .ub.tftutrr¡ tü gloq aE cry conopord&¡ prprl¡fot¡ ol ¿hlr Srrotrrc! ¡¡ô ¡11 otårr provllto¡¡ of tbl¡ Coots¡ct ¡h¡ll br co¡¡*t¡rd trrrtlorrlly thrrrtth. (r) tu oroc rry ..ßtto¡r of tbr t-rd Cot¡¡¡v¡tlo¡ ¡ct r.tttrrd üo horrl¡ rn rorÉmd, orl refrrrac¡¡ !o .rÊltoûr hrrrt¡ ¡ü¡11 br decd rrarir¡ed rccordla¡17.
16. á¡ørDr4G tt tílluåt, Âcnx[tqß:
lbLú CoüËrlct rt b. a¡dd ¡È üt tlr .ad fror t|.r to tl¡. bt l¡tu-l .grað[È fu yrttfoû of th¡ E¡rÈL¡ hrrlto r!óoræd b¡r,roa or rtt¡chG¿ brrcÈo, nubjcet to rDt .er.rr provf¡toa¡ to Ghô cortfrr? coDt.tr¡cd 1s tht¡ CortÍre! o¡ ùr tbr l¡od Coúrr"rttfl l€t.
L7. tflrtçg¡, H¡nnß Ol GlfIllG¡
(¡) iloÊl,c.r Ëo br tfuu to 0loor purrt¡EÈ to tbf¡ coDttrÊt, os ü rat cçbe¡¡!c.- Èå rrq'dËêá- Ët ft l-'r corrctfo[ r¡lth 3hr rdrf¡l¡trrtloa of ¡ùts Coatuctt rry ôe üat bt fl¡¡t-e¡¡¡¡ lhtt.d Strtrr ll¡11 rddr¡¡¡ril ts or,lcr .È thr ¡drltc'. ¡bor¡ tela o¡a¡rrr .llútus. trrrfubrlor, r¡d thr 0rûrr .;Dt.rtlt nlva. t¡t otb.r Ëthod of $vl¡¡ ¡otlcr to blr.
(l) fotlsu to Þ.'tfi.lc to Cot¡ltt Purì¡r¡t¡t co Èbfu GoËts¡ct ry 'bc r.!È bt flrrt-cl¡r Ìtûttrt 8t¡t.r lùtl ¡il&r¡¡¡il tc loer{ of Sr¡porrtrort, Couûtt ot Í.t!r ¡.!ir¡ CornÈt Adrt¡l¡¡¡rtLon ¡ad Cor¡ttt lulüill3, 1415 lru¡u"n Àrsucr !¡t¡rrf{elil, C¡ltfo¡alr t3æ1.
,(c) Such lctlc¡r ny rlro bc ¡lv¡¿ by or P¡rÈt to tt. oth.t bt ¡crsouú ¡¡rr{er.
(d) !t tt. rrrû ratloild ts thû AsÈfclr I P¡rt? rt tllc to thl othrr mtlcr of r rr rddtrrl, rftrr rrilch.uilc¡¡ to bt ltv.n to ¡ueh prrç rfrll br c¡nt b-! Èb. trnr l¡dlc¡¡.rl l¡ tbtt A¡ctclc to rucÈ prrtt rt ar¡cb a¡r rtltl¡ce¡.
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City of Shafter
336 Pacific Avenue
Shafter, CA93263
Attn: City Clerk
Space above line for Recorder's use only
Exempt from Recording Fees pursuant to Govt. Code $ 27383
NOTICE OF NONRENEWAL
NOTICE IS HEREBY GIVEN pursuant to Section 51245 of the California Government Code that the undersigned, being the City Manager of the City of Shafter, the owner of the affected real property, elect not to renew Land Conservation Contract or Agreement dated February 7,1983 and recorded February 11, 1983 as Instrument No. 015002 in the Off,rce of the County Recorder of Kern County, California. The real property affected by this notice is in Agricultural Preserve No. 8.
Assessor's Parcel Number:
Section, Township, and Range:
Acreage:
Dated:
026-0r0-26
59 T28S R25E MDB&M
19.55 acres
GABRIEL GONZALEZ
City Manager of the City of Shafter
ATTEST:
YAZMINA PALLARES
City Clerk of the City of Shafter
Exhibit 3
A
l-.rrt .rr'l
City of Shafter
StsIAFTER COUNCIL AGENDA REPORT
Meeting Date: April5,202l
FROM: Gabriel A. Gonzalez, City Manager
Prepared By: Michael James, Public Works Director
SUBJECT RESOLUTION INITIATING PROCEEDINGS FOR THE FORMATION oF NEW LANDSCAPE AND LTGHTTNG DTSTzuCT (LL001-2022) FOR TRACT 6490
RECOMMENDATION
Council find the requested action is exempt from the Califomia Environmental Quality Act; and adopt Resolution 2856, a Resolution of the City Council of the City of Shafter Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Formation of Landscaping and Lighting DistrictNo. LL001-2022 andordering the preparation of the Engineer's Report.
BACKGROUND
The City Council approved a Tentative Map for Tract 6490 in 2005 to develop 97 new residential lots, generally located north of Los Angeles Avenue, south of East Ash Avenue, and east of Mannel Avenue. Among the conditions of approval for the tract is working with the City to create a new landscape and lighting district to fund operations and maintenance costs for streetscape landscaping and public street lighting.
Forming a district generally requires a three-step Council approval process. The first step is to initiate proceedings for the formation, which authorizes the preparation of an engineering report that estimates costs and recommends how to distribute assessments to recover those costs. The second step consists of approving the engineering report and scheduling a public hearing before the third and final step, formally ordering the district formation. Each step involves the adoption of a separate resolution.
Development of Tract 6490 has commenced, so the City should move forward with the new district formation. Therefore, included with this staff report is Resolution No. 2856 that, if adopted, initiates the formation proceedings.
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 15378(bX5) of the CEQA Guidelines. The action is organization or administrative activities of governments that does not result in direct or indirect physical changes to the environment.
CONSENT CALENDAR I I
Initiating Proceedings for the Formation of New Landscape and Lighting District (LL00l-2022) for Tract 6490
FISCAL IMPACT
Staff costs to prepare a landscape and lighting district formation are generally covered with a fee paid by a developer. Future district costs and assessment revenues will be provided by staffbefore the Council considers the adoption of a fiscal year budget when the district goes into effect.
Therefore, no budget action is needed at this time.
ALTERNATIVES
The Council can waive the requirement to create a new district if it prefers to reduce the property tax burden on future homeowners within this planned development or avoid certain types of public improvements typically funded by a district. However, public improvements without district funding would likely place the operations and maintenance burden on the General Fund. Further, the public improvements enhance the appearance and safety of a much-needed residential development in the Core City. Therefore, alternative action is not recommended.
ATTACHMENT
1. Resolution 2856
RESOLUTION NO.2856
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER INITIATING
PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO.
LLOOI.2O22 AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT WHEREAS, the City Council of the City of Shafter ("City") has determined that the public interest, convenience and necessity require the installation, construction, operation, maintenance, and servicing of street lights, traffic signals, parks, recreational facilities, street trees, parkways, median islands, landscaping, and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and \ilHEREASo the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from such improvements should be included within Landscaping and Lighting District No. LL001-2022 of the City of Shafter (ooAssessment District"); and
WHEREAS' the proceedings for the formation of the Assessment District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972,Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shafter as follows:
SECTION 1. The City Council proposes to form the Assessment District pursuant to the Landscaping and Lighting Act of 1972,Part2 (commencing with Section 25000) of Division l5 of the California Streets and Highways Code.
SECTION 2. The Improvements shall include the following:
(a) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals;
(b) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
(c) the installation or construction of park or recreational facilities; (d) the installation or construction of any facilities which are appurtenantto any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and (e) the maintenance and servicing of any of the foregoing.
SECTION 3. The property to be specifically charged for the improvements and maintenance and servicing of such improvements shall include all of the land described in Exhibit "4" afrached hereto and shall be designated: "Landscaping and Lighting District No. LL00l2022." Shafter City Council Resolution No.2856
April5,2022
Page2
SECTION 4. The City Engineer or his/her designee is hereby ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the formation of the Assessment District and the levy of assessments on the property described in Section 3 to pay the costs of the maintenance and servicing of the improvements described in Section 2 hereof during fiscal year 2023-2024. Upon completion, the City Engineer or his/her designee shall file said report with the City Clerk of the City Council for submission to the City Council.
PASSED' APPROVED AND ADOPTED this 5th day of April,2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM
Marco A. Martinez, City Attomey
Shafter City Council Resolution No. 2856
April5,2022