Mitigation Monitoring and Reporting Program
EXHIBIT "A" - Mitigation Monitoring and Reporting Program -EA2l-242 (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure Project-related use ofrodenticides and herbicides should be restricted.
o I representative shall be appointed by the project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured or entrapped kit fox. The representative should be identified during the employee education program and their name and telephone number should be provided to the USFWS and CDFW. . Upon completion of the project, all areas subject to temporary ground disturbances (including storage and staging areas, temporaryroads, pipeline corridors, etc.) shall be recontoured ifnecessary, and revegetated to promote restoration of the area to pre-projectconditions. An area subject to "temporary" disturbance means any areathat is disturbed during the project, but after project completion will not be subject to further disturbance and has the potential to be revegetated. . Any project personnel who are responsible for inadvertently killing or injuring one of these species should immediately report the incident to their representative. This representative shall contact the CDFW (and USFWS in the case of San Joaquin kit fox) immediately in the case of a dead, injured or entrapped San Joaquin kit fox, American badger, or western burrowing owl. . The Sacramento Fish and Wildlife office and CDFW Region 4 office shall be notified in writing within three working days of the accidental death or injury to a San Joaquin kit fox during projectrelated activities. The CDFW shall be notified inthe case of accidentaldeath to an American badger or western bunowing owl. Notificationmust include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinentinformation. . New sightings of San Joaquin kit fox, American badger, or western burrowing owl shall be reported to the CNDDB. A copy ofthe reporting form and a topographic map clearly marked with the location of where a San Joaquin kit fox was observed should also be provided to the USFWS.
EA 21-242 (Shafter Community Park Project)
Mitigation Monitoring and Reporting Program
EXHIBIT "A" - Mitigation Monitoring and Reporting Program -EA2l-242 (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified biologist to perform pre-activity surveys within seven days prior to ground disturbance activities.
3. Qualified biologist implements necessary avoidance buffers, if needed.4. Provide results of avoidance buffer activities to the Planning Department for the record.
Qualified Biologist; City of
Shafter Planning Department
Prior to ground
disturbance
If project activities must occur during the nesting season (February 1to September 15), pre-activity nesting bird surveys shall be conductedwithin seven days prior to the start of construction at the construction site plus a 250-foot buffer for songbirds and a 500-foot buffer for raptors (other than Swainson's hawk). The surveys shall be phasedwith construction ofthe project. Ifno active nests are found, no further action is required. However, existing nests may become active and new nests may be built at any time prior to and throughout the nesting season, including when construction activities are in progress. Ifactive nests are found during the survey or at any time duringconstruction ofthe project, an avoidance buffer ranging from 50 feet to 500 feet will be required, with the avoidance buffer from any specific nest being determined by a qualified biologist. The avoidance buffer will remain in place until the biologist has determined that theyoung are no longer reliant on the adults or the nest. Work may occurwithin the avoidance buffer under the approval and guidance of the biologist, but full-time monitoring will be required. The biologist shall have the ability to stop construction ifnesting adults show any sign ofdistress. #4
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified biologist to perform pre-activity surveys within seven days prior to ground disturbance activities.
3. Qualified biologist implements necessary avoidance buffers, if needed.4. Provide results of avoidance buffer activities to the Planning Department for the record.
Qualified Biologist; City of
Shafter Pl anning Department
Prior to ground
disturbance
If project activities must occur during the nesting season (February 15 to August 3l), pre-activity surveys shall be conducted for Swainson's hawk nests in accordance with the Recommended Timing andMethodology for Swainson's Hawk Nesting Surveys in California's Central Valley, Swainson's Hawk Technical Advisory Committee.The surveys will be conducted on the project site plus a 0.5-mile buffer. To meet the minimum level of protection for the species, surveys shall be conducted during at least two survey periods. Thesurvey will be conducted in accordance with the methodologyoutlined in existing protocols and should phased with construction of the project. If no Swainson's hawk nests are found, no further action is required.
#5
Qualified Biologist; City of
Shafter Planning Department
Prior to ground
disturbance
If an active Swainson's hawk nest is discovered at any time within0.S-mile of active construction, a qualified biologist should complete #6
EA 2l-242 (Shafter Community Park Project)
Mitigation Monitoring and Reporting Program
EXHIBIT "A" - Mitigation Monitoring and Reporting Program -EA2[-2O (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Qualified biologist shall monitor and implement avoidance buffers, if needed.
3. Provide summary of the monitoring and avoidance buffer activities to the Planning Department for the record.
an assessment of the potential for current construction activities toimpact the nest. The assessment will consider the type of construction activities, the location of construction relative to the nest, the visibilityof construction activities from the nest location, and other existingdisturbances in the area that are not related to construction activities of this project. Based on this assessment, the biologist will determine if construction activities can proceed, and the level of nest monitoring required. Construction activities shall not occur within 500 feet of an active nest but depending upon conditions at the site this distance maybe reduced. Full-time monitoring to evaluate the effects of construction activities on nesting Swainson's hawks will be required.The qualified biologist shall have the authority to stop work if it isdetermined that project construction is disturbing the nest. Thesebuffers may need to increase depending on the sensitivity of the nesting Swainson's hawk to disturbances and at the discretion of thequalified bioloeist.
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified biologist to proctor a training program.
3. Provide summary of the training activities to the Planning Department for the record.
Qualified Biologist; City of
Shafter Planning Department
Prior to ground
disturbance
Prior to the initiation of construction activities, all personnel shall attend a Worker Environmental Awareness Training programdeveloped by a qualified biologist. The program shall include information on the life histories of special-status species with potential to occur on the project, their legal status, coruse ofaction should these species be encountered on-site, and avoidance and mitigation measures to protect these species.
#7
Steps to Compliance:
1 This mitigation measure shall be incorporated as a condition of approval for any site plan review.
Qualifi ed Archeologis t; Cityof Shafter PlanningDepartment If During construction prehistoric or historic-era cultural materials are encountered duringconstruction activities, all work in the immediate vicinity of the find shall halt until a qualified archaeologist can evaluate the find and make recommendations. Cultural resource materials may includeprehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock as well as historicresources such as glass, metal, wood, brick, or structural remnants. If the qualified archaeologist determines that the discovery represents a #8
EA 21-242 (Shafter Community Park Project)
Mitigation Monitoring and Reporting Program
EXHIBIT "A" - Mitigation Monitoring and Reporting Program 'EA.2l-242 (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure
2. If prehistoric or historic-era cultural materials are discovered, halt all work, and contact a qualified archaeologist to assess finds and recommend procedures.
3. If necessary, implement recommended procedures.
4. Provide summary of all relevant activities to the Planning Department for the record.
potentially significant cultural resource, additional investigations maybe required to mitigate adverse impacts from project implementation.
These additional studies may include avoidance, testing, andevaluation or data recovery excavation.
Steps to Compliance:
1 This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. If human remains are uncovered, halt all work and contact the Kem County Coroner to evaluate the remains and follow the appropriateprocedures and protocols.
3. If the County Coroner determines that the remains are Native American, the applicant/developer shall contact the Native American Heritage Commission.
4. If Native American human remains are located, the applicant/developer shall implement and comply with the requirements listed in this mitigation measure.
5. Provide summary of all relevant activities to the Planning Department for the record.
City of Shafter PlanningDepartment; Kern County
Coroner (if needed); Native
American Heritage
Commission (if needed)
If human remains are discovered during construction During construction or operational activities, further excavation or disturbance shall be prohibitedpursuant to Section 7050.5 of the California Health and Safety Code.
The specific protocol, guidelines, and channels of communicationoutlined by the Native American Heritage Commission, in accordancewith Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, SenateBill297), and Senate BilI447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of discovery of human remains, at the direction ofthe county coroner.
#9
Steps to Compliance:
City of Shafter CityEngineer; City of ShafterPlanning Department During site plan
revlew
During site plan review, the applicant shall provide a revised site plan that includes an onsite surface drainage retention basin and/or other capture method (such as vegetated swales) of sufficient capacity tocapture all onsite flows and potentially some offsite flows from public streets as required and approved by the City Engineer. The surfacedrainage collection and retention collection system shall be supported #10
EA2l-242 (Shafter Community Park Project)
Mitigation Monitoring and Reporting Program
EXHIBIT .(A" - Mitigation Monitoring and Reporting Program -F'A21-242 (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure L This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicanVdeveloper shall obtain site plan approval from the City Engineer.
3. 5. Provide summary of all relevant activities to the Planning Department for the record.
by a drainage study and analysis prepared per City development standards.
Steps to Compliance:
l This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified paleontologist, if needed.
3. Perform additional investigations and fossil recovery, if needed.
4. Perform significance evaluation and effectuate recommendations, if needed.
5. Provide summary of all relevant activities to the Planning Department for the record.
Qualified Paleontologist ;City of Shafter PlanningDepartment If any paleontological resources are encountered during During construction ground disturbance activities, all work within 25 feet of the find shall halt untila qualified paleontologist as defined by the Society of VertebratePaleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources, can evaluate thefind and make recommendations regarding treatment. Paleontologicalresource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of LosAngeles County or other appropriate facility regarding any discoveries of paleontological resources.
Ifthe qualified paleontologist determines that the discovery representsa potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts from project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. Ifthe resources are not significant, avoidance is not necessary. If theresources are significant, they shall be avoided to ensure no adverse effects, or such effects must be mitigated. Construction in that area shall not resume until the resource appropriate measures are recommended or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in anaccredited and permanent scientific institution. Copies of allcorrespondence and reports shall be submitted to the Lead Agency. #tt
EA,2l-242 (Shafter Community Park Project)
Mitigation Monitoring and Reporting Program
EXHIBIT "A" - Mitigation Monitoring and Reporting Program -EA2t-242 (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure Steps to Compliance:
L This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall obtain a will-serve letter from the Public Works Director.
3. Provide summary of all relevant activities to the Planning Department for the record.
City of Shafter Public WorksDirector; City of ShafterPlanning Department Prior to grading permit
issuance
Prior to grading permit issuance, the applicant shall receive a waterwill-serve letter from the City Public Works Director for potable water only (not irrigation water). Said will serve letter will speciff thepotable water capacity allowed for the project. The fee for said capacity will be per the adopted fee scheduled and due to the City prior to connecting to the City water system.
#12
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall obtain a will-serve letter from the Public Works Director.
3. Provide summary of all relevant activities to the Planning Department for the record.
City of Shafter Public WorksDirector; City of ShafterPlanning Department Prior to grading permit
lSSUanCe
Prior to grading permit issuance, the applicant shall receive a sewer will-serve letter from the City Public Works Director. Said will serve letter will speciff the sewer collection capacity allowed for theproject. The fee for said capacity will be per the adopted fee scheduled and due to the City prior to connecting to the City sewer system. #13
Steps to Compliance:
1 This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall obtain a will-serve letter from the ShafterWasco Irrigation District.
Shafter-Wasco Inigation
District; City of Shafter
Planning Department
Prior to grading permit
lssuance
Prior to grading permit issuance, the applicant shall provide the Citywith a conclusive irrigation water will-serve letter from ShafterWasco Irrigation District stating that they will provide irrigation water between February and November.
#14
EA2l-242 (Shafter Community Park Project)
Mitigation Monitoring and Reporting Program
EXHIBIT "A" - Mitigation Monitoring and Reporting Program -EA2l-242 (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure
3. Provide summary of all relevant activities to the Planning Department for the record.
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicanVdeveloper shall obtain site plan approval from the City Engineer.
3. Provide summary of all relevant activities to the Planning Department for the record.
City of Shafter CityEngineer; City of ShafterPlanning Department During site plan
review
During site plan review, the applicant shall provide a revised site planthat includes the location of the existing offsite raw Shafter-Wasco Irrigation District water connection to the existing connection point on City-owned property (APN 089-140-73) and future conveyance system to get the raw Shafter-Wasco Irrigation District water to the drywell and filtration unit.
#15
Steps to Compliance:
L This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall obtain site plan approval from the City Engineer.
3. Provide summary of all relevant activities to the Planning Department for the record.
City of Shafter CityEngineer; City of ShafterPlanning Department During site plan
revlew
During site plan review, the applicant shall provide a revised site planthat includes the location of the existing offsite well and future conveyance system to get the supplemental well water to the drywelland filtration rurit. #16
Steps to Compliance:
l. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
City of Shafter City
Engineer; City of ShafterPlanning Department
During site planrevlew
During site plan review, the applicant shall provide a revised site planthat includes a drywell and filtration unit to filter the raw ShafterWasco Inigation District water and supplemental well water prior to being sent through the irrigation system.
#17
EA 2l-242 (Shafter Community Park Project)
Mitigation Monitoring and Reporting Program
EXHIBIT "A" - Mitigation Monitoring and Reporting Program -EA2l-242 (Shafter Community Park Project) Date Initials Responsible Monitoring Agency Time Frame for Implementation No. Mitigation Measure
2. The applicant/developer shall obtain site plan approval from the City Engineer.
3. Provide summary of all relevant activities to the Planning Department for the record.
Steps to Compliance:
l. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall obtain site plan approval from the City Engineer.
3. Provide summary of all relevant activities to the Planning Department for the record.
City of Shafter Public WorksDirector; City of Shafter
Planning Department
During site planreview
Prior to grading permit issuance, the applicant shall provide a comprehensive year-round irrigation plan to be approved by the CityPublic Works Director. The inigation plan shall include calculations on conveyance of inigation water during normal, dry, and multipledry years as well as provide contingency steps if raw Shafter-WascoIrrigation District water is reduced or not made available to the site. #18
EA2l-242 (Shafter Community Park Project)
Page l0 of l0
Mitigation Monitoring and Reporting Program
General Plan Amendment No. 21-37 and Zone Change No. 21-70 1:4,514
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RESOLUTION NO. 2886
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING GENERAL PLAN AMENDMENT NO.2I-37 AS DEPICTED IN EXHIBIT (6A)r.
WHEREAS, the City Council has, at its regularly scheduled meeting on September 20, 2022, studied and considered General Plan Amendment No. 2l-37, a request to change the land use designation from Business Park (BP) and Industrial Q) to Parks and Schools (PS) on42.4 acres as depicted in Exhibit " A" , attached hereto and made a part of this resolution as though fully set forth herein; and
WHEREAS, the City Council has determined that the provisions of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines have been followed. Staff determined that the proposal is a project under CEQA, and an initial study was completed; and WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been approved; and
WHEREAS, the City Council has determined that the proposal is consistent with the City of Shafter General Plan; and
WHEREAS, a timely and properly noticed public hearing for proposed General Plan Amendment No. 21-37 was held by the City Council of the City of Shafter at aregular meeting on September 20,2022, at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 20th day of September,2\22,resolved approve General Plan Amendment No. 21-37 as illustrated in Exhibit '0A".
PASSED AND ADOPTED THIS 20th DAY OF SEPTEMBER, 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez,City Attorney
EXHIBIT 7
General Plan Amendment No. 21-37
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ORDINANCE NO. 741
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA APPROVING ZONE CHANGE NO. 21-70 AS DEPICTED IN EXHIBIT .. A)r.
WHEREAS, the City Council has, at its regularly scheduled meeting on September 20, 2022, studied and considered Zone Change No. 21-70, a request to change the zoning from Business Park (BP) and Industrial (I) to Community Facilities (CF) on 42.4 acres as depicted in Exhibit "A", attached hereto and made apart of this resolution as set forth herein; and WHEREAS, the City Council has determined that the provisions of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines have been followed. Staff determined that the proposal is a project under CEQA, and an initial study was completed; and WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been approved; and
WHEREAS, the City Council has determined that the proposal is consistent with Title l7 (ZoningOrdinance) of the City of Shafter Municipal Code; and WHEREAS, a timely and properly noticed public hearing for proposedZone Change No. 2l-70 was held by the City Council of the City of Shafter at a regular meeting on Septembet 20, 2022, at which hearing evidence, oral and documentary, was admitted on behalf of said Zone Change.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 20th day of Septemb er,2022, resolved approve Zone Change No. 21-70 as illustrated in Exhibit"A".
PASSED AND ADOPTED THIS 4th DAY OF OCTOBER, 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROYED AS TO FORM:
Marco A.Martinez, City Attorney
EXHIBIT 8
Zone Change No. 21-70
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SHAFTER COUNCIL AGENDA REPORT
Meeting Date:
FROM:
September 20,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Suzanne Forrest, Senior Planner
SUBJECT: ZONE CODE AMENDMENT NO. 22-15: ADOPTION OF A NEW
OFFICIAL ZONING MAP OF THE CITY OF SHAFTER
RECOMMENDATION
Council conduct a public hearing; introduce for first reading and adoption by title only and waive reading Ordinance 740, an Ordinance of the City Council of the City of Shafter, California approving Zone Code Amendment No. 22-15 Repealing the existing Official Zoning Map of the City of Shafter adopted under Ordinance 465 and approving a new Official Zoning Maps of the City of Shafter.
BACKGROUND
On September 11, 1946, the City Council adopted Ordinance 57 which established azoning ordinance and official zone map for the City of Shafter. The zoning ordinance was very basic but it established areas for residential, commercial, and industrial uses and a limited number of development standards. At that time, the incorporated city boundaries included the original Shafter Townsite; residential, commercial, and industrial areas located mostly west and south wrthin Vq mile of the township boundaries of Tulare Avenue, Mannel Avenue, Lerdo Highway, and Shafter Avenue, and; a small area of residential development located north of Tulare Avenue between Acacia Street and Mannel Avenue and east of Mannel Park as far as Cross Street. Over the years and as the city grew, the zoning ordinance was amended and new official zoning maps were adopted to reflect adopted zoning for the land being annexed into the city.
On December II, 1956, the City Council adopted Ordinance 111 which was the first comprehensive Zoning Ordinance for the city. The zoning map adopted with the ordinance showed that the city had grown in all directions with the addition of primarily single-family residential zoning. At the time, residential neighborhoods were being developed east of Mannel Park to Beech Avenue, west of Shafter Avenue to Schnaidt Street, south of Lerdo Highway to Los Angeles Avenue, and north of Tulare Avenue to Redwood Drive. Shafter High School, the Richland School complex, and Golden Oak Elementary had also been annexed into the city by 1956. One significant difference between the 1956 ordinance and the ordinance used today was the emphasis on residential development. The 1956 Ordinance specified that any land annexed to the city was automatically zonedR-1 (One-family DwellingZone) unless a different zone district was specified as part of the annexation application. The current zoning ordinance does not include a default zoning district for annexed property.
PUBLIC HEARING L
Zone Code Amendment No.22-15: Adoption of a New Official Zoning Map of the City of Shafter Updated zone maps were adopted in 1966 and 1976. The map adopted in 1966 shows that the city corporation yard located at East Tulare and North Shafter Avenues and a subdivision located on the south side of State Avenue, east of Beech Avenue had been incorporated into the city. The map adopted in 1976 showed that growth had continued to move slowly with the addition of residential areas along the south side of Tulare Avenue and on the north side of W. Los Angeles, east of S. Schnaidt Street. An industrially zoned area was also added south of E. Lerdo Highway between South Elm and South Beech Streets and north of E. Ash Avenue.
No new zone maps were adopted in the 1980s through the early 1990s but annexation records show that more significant growth started to occur during that time. In 1990, the North ShafterA.{orth Park neighborhoods were annexed and additional industrially zoned land was added south of Lerdo Highway along the east side of South BeechAvenue as well as south of Los Angeles between the Burlington Northern/Santa Fe tracks and Golds Avenue. The City Council also adopted an updated Zoning Ordinance in November 1989, replacing the ordinance that had been in place since 1956. The new ordinance was adopted as Title l7 of the Municipal Code.
A significant change to the City's boundaries occurred in 1992 when approximately 4,400 acres of land were added. Annexation No. 67 expanded the city south to Riverside Avenue between Beech and Cherry Avenues and east to Highway 99. The land added around Highway 99 included Minter Field Airport as well as the property within % mile of the south side of Lerdo Highway between the Friant-Kern Canal and Highway 99.
In 1995, a new City of Shafter General Plan was adopted which prompted a redesign and readoption of boththe zoning ordinance andthe zoning map. The 1995 zoning ordinance and official zoning map are still in use today. Since Ordinance No. 465 was adopted in 1995, 59 zone changes have been adopted and approximately 15,000 acres of land have been added to the city boundaries. After almost 30 years of changes, Staff believes the time is right to adopt a new zoning map.
Several years ago, the city implemented a Geographic Information System (GIS) and converted the information on the paper zoningmaps to an electronic format. Although efforts were made to ensure that the historic data was accurately transferred from the paper documents into the new electronic format, until recently the accuracy of the GIS map had not been verified against historic records. In order to ensure that the GIS map accurately reflects zoning approvals since 1995, Planning Department staff initiated a research project to veriff the accuracy of the new map with the goal of having a new zoningmap adopted. Staff recently completed a review all zone change ordinances, annexation approvals, and Planning Commission and City Council meeting minutes to ensure the information in the GIS map accurately reflects Council's final zoning approvals. The resulting map (Exhibit 1) is now being presented for adoption. The proposed map reflects only zoning previously adopted by the City Council and does not include any changes to existing zoning. With adoption of a new official zoning map, Staff can more efficiently serve the public and provide accurate and up-to-date zoning information. The map will also be made available to the public on the City's website.
PLANNING COMMISSION REVIEW AND RECOMMENDATION
The Planning Commission considered the new official zoning map on August 9,2022. After considering written and oral comments, the Planning Commission adopted ResolutionNo. 22-406 recommending the City Council approve ZoneCode AmendmentNo. 22-15 repealing the existing Zone Code Amendment No. 22-15: Adoption of a New Official Zoning Map of the City of Shafter official ZoningMap of the City of Shafter adopted under Ordinance No. 465 and approving a new official ZoningMap of the City of Shafter, as illustrated in Exhibit"A".
CEQA
Staff has determined that the project is exempt from the"provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(bX3) of the CEQA Guidelines in that the proposal will not cause any physical change to the environment. A Notice of Exemption has been prepared for the project.
F'ISCAL IMPACT
There are no fiscal impacts from the proposed action of adopting a new official zoning map.
ALTERNATIVES
A new official Zoning Map of the City of Shafter could not be adopted. Without an updated official zoning map, Staff would continue to use the zoning maps approved as part of Ordinance No. 465 and the map would not be added as a public resource on the City's webpage.
ATTACHMENTS EXHIBITS
Official City of Shafter ZoningMaP
Ordinance No. 740
1 2
Zone Code Amendment No. 22-15 - Proposed OfficialZone Map City of Shafter
Zoning Map (July 2022)
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ORDINANCE NO. 740
AN ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA APPROVING ZONE CODE AMENDMENT NO. 22-15 REPEALING
THE EXISTING OFFICIAL ZONING MAP OF THE CITY OF SHAFTER ADOPTED UNDER ORDINANCE NO. 465 AND APPROVING A NEW OFFICIAL ZONING MAPS
OF THE CITY OF SHAFTER
WHEREAS, the City Council of the City of Shafter last approved an official zoningmap for the City of Shafter on July 25, 1995 under Ordinance No. 465; and WHEREAS, the City of Shafter has annexed approximately 15,000 acres of land and approved 59 zone changes since the last official zoning map was adopted; and WHEREAS, the City of Shafter desires to adopt an updated official zoning map that incorporates areas annexed to the city and zone changes adopted since Ordinance No. 465 was adopted in 1995; and
WHEREAS, the update zoning map (Exhibit "A") reflects only zoning previously adopted by the City Council and does not include any changes to existing zoning; and WHEREAS, the City Council did, at its regularly scheduled meeting on September 20, 2022, study and consider Zone Code Amendment No. 22-15, proposing repeal of the official ZoningMap of the City of Shafter adopted under Ordinance No. 465 and approving a new official Zoning Map of the City of Shafter as depicted in Exhibit ".L" , attached hereto and made a part of this resolution as though fully set forth herein; and
WHEREAS, the Planning Commission did, on August 9,2022, approve Resolution No. 22-406; a resolution of the Planning Commission of the City of Shafter recommending that the City Council approve Zone Code Amendment No. 22-15 repealing the offrcial Zoning Map of the City of Shafter adopted under Ordinance No. 465 and approving a new official ZoningMap of the City of Shafter as depicted in Exhibit "A"; and
WHEREAS, the laws and regulations relating to the preparation and adoption of environmental documents, as set forth in the California Environmental Quality Act (CEQA) and State CEQA Guidelines have been adhered to; and
WHEREAS, the City Council has determined that the proposal is consistent with the City of Shafter General Plan; and
WHEREAS, the City Council has determined that the project is categorically exempt from CEQA under Section 15061(bX3) of the CEQA Guidelines in that the proposal will have no significant environmental impact. No development is proposed with the subject project; and WHEREAS, the City Council determined that it is in the best interest of the city to repeal the official ZoningMap of the City of Shafter adopted under Ordinance No. 465 and EXHIBIT 2
Shafter City Council Ordinance No. 740
October 4,2022
Page2
approve a new official Zoning Map of the City of Shafter as proposed in Exhibit"A)' to enhance the quality of life and to protect the health, safety and welfare of its citizens by applying orderly development in the city; and
WHEREAS, a timely and properly noticed public hearing for proposed Zone Code AmendmentNo. 22-15 was held by the City Council of the City of Shafter ataregular meeting on September 20,2022, at which hearing evidence, oral and documentary, was admitted on behalf of said zone change.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS F'OLLOWS:
SECTION 1. The above recitals and findings incorporated herein, are true and correct.
SECTION 2. 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 Zone Code Amendment No. 22-15, repealing the official Zoning Map of the City of Shafter adopted under Ordinance No. 465 and adopting a new official Zoning Map of the City of Shafter under Title l7 of the Shafter Municipal Code, as depicted in Exhibit "A".
SECTION 3. If any provision of this Ordinance or the application thereof is for any reason held to be invalid, the invalidity shall not affect otherprovisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 4. This Ordinance shall take effect thirty (30) days after its final passage and adoption and, within twenty (20) days after its adoption, a copy of same shall be published and circulated in the City of Shafer together with the names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED THIS 4rH DAY OF OCTOBER, 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez,City Attomey
Zone Code Amendment No. 22-15 - Proposed OfficialZone Map Gity of Shafter
Zoning tap {July 2022)
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EXIIIBIT A
,# City of Shafter
SFIAFTER COUNCIL AGENDA REPORT
Meeting Date: September 20,2022
FROM Gabriel A. Gonzalez,City Manager
Prepared By: Steve Esselman, Planning Director
SUBJECT: INTRODUCE ORDINANCE NO. 735 TO AMEND SHAFTER
MUNICIPAL CODE TITLES 16 (SUBDIVISION ORDINANCE) AND
17 (ZONING ORDINANCE) BY TITLE ONLY AND WAIVE READING
RECOMMENDATION
Council conduct hearing; introduce for first reading by title only and waive reading of Ordinance 735, an Ordinance of the City Council of the City of Shafter, California amending Titles 16 (Subdivision Ordinance) and 17 (ZoningOrdinance) of the City of Shafter Municipal Code (l) in response to changes in State Law regarding Accessory Dwelling Units, Junior Accessory Dwelling Units, and Landscaping; (2) for Consistency with the Califomia Building Code; (3) to allow Recreational Vehicles within a Residential Front Yard Setback; (a) to allow a2}-foot minimum garage setback on corner and reverse corner lots; (5) to reduce the 1,500-foot minimum buffer between Permanent Commercial Coach in an Industrial area from an Existing Arterial Roadway on a case-by-case basis; (6) for internal consistency between sections of Title 17 regarding Section Numbering; and (7) to place recent Title 16 text changes in a different section for clarity.
PROJECT DATA
1. The Govemor has signed Senate Bill (SB) 13 as well as Assembly Bills 3182,881, and 68 that made changes to Government Code related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). On January 1,2020,the various laws went into effect and voided Section 11.200 (Second Dwelling Units) of Shafter Municipal Code Title
17. 2. The Governor has signed Assembly Bill (AB) 1164 that made changes to Government Code related to drought-tolerant landscaping.
3. Title 17 is not consistent with the most current California Building Code related to minimum setbacks requirements between existing structures and proposed accessory structures within a residential zone.
4. Staff is proposing to allow personal recreational vehicles, boats, travel trailers, camp trailers, etc. within a residential driveway located within a front yard setback provided that the vehicle(s) do not encroach onto the public right-of-way (i.e., sidewalk or street) and are maintained and properly licensed. Based on an analysis of other jurisdictions, most jurisdictions allow by right the keeping of recreational vehicles, etc. within a residential driveway.
PUBLIC HEARING 3
First Reading of Ordinance to Amend the Municipal Code Titles 16 and 17
5. Staff is proposing, for a comer or reverse corner lot street side yard setback, a2}-foot minimum setback for a garage to allow for the parking of vehicles in front of the garage without encroaching within the public right-of-way (i.e., sidewalk and street). The minimum side yard setbacks are currently not deep enough, and vehicles regularly encroach into the right-of-way because of inadequate driveway depth on side yards.
6. Staff is proposing to provide the Planning Director with the discretion, on a case-by-case basis and when it can be determined with certainty that the commercial coach shall not create adverse impacts on adjacent property and the surrounding area by creating visual blight, to reduce the minimum 1,500-foot buffer between a proposed permanent commercial coach in an industrial area from an existing arterial roadway or arterial roadway alignment. Please note that this discretion would be limited to industrial locations west of Santa Fe Way and north of Burbank Avenue. This change provides flexibility, particularly in the Minter Field industrial area, when the 1,500-foot minimum distance cannot be maintained.
Currently there are referenced Section numbers throughout Title 17 that are not accurate, likely due to previous changes in Title 17 thatcaused Section numbers to shift as additional Sections were created.
8. Recent changes to Title 16 were placed in a subsection that does not make sense in the context of the greater Section. Therefore, this proposed change to Title 16 places the text changes in a different Section, which is a clearer and more logical place within Title 16 for the text.
PROJECT ANALYSIS
The changes to Title 17 (ZoningOrdinance) of the Shafter Municipal Code would bring the Code into compliance with recent State law regarding ADUs and JADUs and drought-tolerant landscaping.
The further changes would make Title 17 consistent with modern California Building Code as well as makes changes regarding recreational vehicles, minimum setbacks for corner and reverse corner lots, and the minimum buffer distance between permanent commercial coaches in an industrial area and existing arterial roadways, that Staff believes are beneficial for orderly development and to be consistent with California Building Code. The Planning Department worked closely with the Building Department to craft language regarding these proposed changes, and the Building Official has proofed the changes for accuracy with the California Building Code.
The changes make Section number references in Title 17 internally consistent. Finally, changes to Title 16 place recent changes to the Title in a different Section, which is a clearer and more logical place within Title 16 for the text.
7 First Reading of Ordinance to Amend the Municipal Code Titles 16 and 17 CEQA
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(b)(5) 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.
F'ISCAL IMPACT
There is no fiscal impact because of the proposed action.
ALTERNATIVES
The City Council could deny the proposed action, and the Municipal Code would not be amended.
The Council also has the option to modiff this proposed Ordinance change by accepting, revising, andlor rejecting portions of the recommended revisions to Titles 16 and 17.
ATTACHMENT EXHIBIT
Ordinance No. 735 1
ORDINANCE NO. 735
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER' CALIFORNIA AMENDING TITLES 16 (SUBDIVISION ORDINANCE) AND 17 (zoNrNG ORDTNANCE) OF THE CrTY OF SHAFTER MUNTCIPAL CODE (1) IN
RESPONSE TO CHANGES IN STATE LAW REGARDING ACCESSORY DWELLING UNITS, JUNIOR ACCESSORY DWELLING UNITSO AND LANDSCAPING; (2) FOR CONSISTENCY WITH THE CALIFORNIA BUILDING CODE; (3) TO ALLOW RECREATIONAL VEHICLES WITHIN A RESIDENTIAL FRONT YARD SETBACK; (4) TO ALLOW A 20-FOOT MINIMUM GARAGE SETBACK ON CORNER AND REVERSE CORNER LOTS; (5) TO REDUCE THE 1,500-FOOT MINIMUM BUFFER
BETWEEN PERMANENT COMMERCIAL COACH IN AN INDUSTRIAL AREA FRoM AN EXISTING ARTERIAL ROADWAY ON A CASE.BY.CASE BASIS; (6) FOR INTERNAL CONSISTENCY BETWEEN SECTIONS OF TITLE 17 REGARDING SECTION NUMBERING; AND (7) TO PLACE RECENT TITLE 16 TEXT CHANGES
IN A DIFFERENT SECTION F'OR CLARITY
WHEREAS, the City of Shafter, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in202l, the California Legislature approved, and the Governor signed into law Senate Bill ("SB") 13, which among other things, amends, repeals, and adds Section 65852.2 of the Govemment Code, and adds and repeals Section 17980.12 of the Health and Safety Code related to land use and accessory dwelling units ("ADUs") and junior accessory dwelling units (JADUs); and
WHEREAS, in202l, the California Legislature approved, and the Governor signed into law Assembly Bill ("AB") 3182, which among other things, amends Section 4740 of, and adds Section 4741to,the Civil Code, and amends Section 65852.2 of the Government Code related to land use and ADUs and JADUs; and
WHEREAS, in202l, the California Legislature approved, and the Governor signed into law AB 881, which among other things, amends, repeals, and adds Section 65852.2 of the Government Code related to land use and ADUs and JADUs; and WHEREAS, in202l, the California Legislature approved, and the Governor signed into law AB 68, which among other things, amends Sections 65852.2 and 65852.22 of the Government Code related to land use and ADUs and JADUs; and
WHEREAS, in 2015, the California Legislature approved, and the Governor signed into law AB ll64,which among other things, add Section 53087.7 to the Government Code related to water conservation and drought-tolerant landscaping; and WHEREAS, the City desires to amend its local regulatory scheme in Title 17 ofthe Shafter Municipal Code to (l) comply with State law and (2) for consistency with the California Building Code; and
EXHIBIT 1
Shafter City Council Ordinance No. 735
October 4,2022
Page2
WHEREAS, Title 17 is not consistent with the most current California Building Code related to side and rear yard setbacks for accessory structures within a residential zone; and WHEREAS, the City desires to allow personal recreational vehicles, boats, travel trailers, camp trailers, etc. within a residential driveway located within a front yard setback provided that the vehicle(s) do not encroach onto the public right-of-way (i.e., sidewalk or street) and are maintained and properly licensed; and
WHEREAS, the City desires, for a corner or reverse corner lot street side yard setback, a 20-foot minimum setback for a garage to allow for the parking of vehicles in front of the gatage without encroaching within the public right-of-way; and WHEREAS, the City desires to provide the Planning Director with the discretion, on a limited case-by-case basis and when it can be determined with certainty that the commercial coach shall not create adverse impacts on adjacent property and the surrounding area by creating visual blight, to reduce the minimum 1,500-foot buffer between a proposed permanent commercial coach in an industrial area from an existing arterial roadway or arterial roadway alignment limited to industrial zonedareas within the City limits west of Santa Fe Way and north of Burbank Avenue; WHEREAS, there are currently referenced Section numbers throughout Title 17 that are not accurate; and
WHEREAS, recent text changes to Title 16 were placed in a subsection that does not make sense in the context of the greater Section and this change to Title 16 places the text changes in a different Section, which is clearer and more logical place within Title 16 for the text.
NOW, THEREFORE, the City Council of the City of Shafter does hereby ordain as follows Section 1. The recitals above are each incorporated by reference by the City Council.
Section 2.Title 16 and 17 of the Shafter Municipal Code is hereby amended and restated as provided in Exhibit "A", attached hereto and incorporated herein by reference.
Section 3. The City Clerk shall publish and certifu as to adoption of this Ordinance as required by law.
Section 4. lf any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, utta to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
Section 5. The Ordinance shall take effect and be enforced commencing thirty (30) days following its adoption.
Shafter City Council Ordinance No. 735
October 4,2022
PASSED AND ADOPTED THIS 4th DAY OF OCTOBE& 2022.
Cathy L. Prout, Mayor
ATTEST:
Y azmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez,City AttomeY
Exhibit A
3.020 TENTATIVE AND PARCEL MAPS REQUIRED
A tentative parcel map and parcel map shall be required in the following cases:
A. Allthose subdivisions described in Sections 3,010. A, B, C, and D of this Chapter B. Divisions of land into four (4) or fewer parcels, which may be referred to as a minor land division,
3.030 coNvERsloN oF MoBILEHOME PARKTUREAIIISF{DFU+
\ffhen at least two-thirds (213) of the owners of mobilehomes, who are tenants in a mobilehome park, sign a petition indicating their intent to purchase the mobilehome park for p-urposes of bonverting it to resident ownership, and a field survey is performed, the requirement for a parcel map or a tentative and final map shall be waived unless any of the following exist:
A. There are design or improvement requirements necessitated by significant health or safety concerns.
B. The City Engineer determines that there is an exterior boundary discrepancy that requires recordation of a new parcel map or tentative and final map' C. The existing lots which exist prior to the proposed conversion were not created by a recorded parcel map or final maP.
D. The conversion would result in the creation of additional parcels' E-----aBpg@
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Provided subsections A through D above are not applicable, Sections 66428.1(b), (d)-(h) of the Subdivision MaP Act shall aPP|Y.
3.040 PARCEL MAP WAIVER
B. A parcel map, as provided in Section 3.020 of this Chapter, may be waived in accordance wiin tne procedures set forth in this Chapter and in accordance with Section 66428(b) of the Subdivision Map Act. A tentative map shall be required in cases where a parcel map is waived.
C. An apptication for waiver of the requirement of a parcel map shall be filed with the Planning Director upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the Planning Director' D. The Project Assistance Team may waive the requirement for a parcel map provided the Project Assistance Team finds that the proposed land division complies with the following requirements of Title:
1. Required area;
2. Required imProvements;
3. Flood water drainage control;
4. Appropriate improved public roads;
5. Sanitary disPosalfacilities;
City of Shafter Title 16 Subdivisions 1212012016 Page 1 I compliance with the provisions of this Title has been filed for record by the County Recorder.
B. Nothing contained herein shall be deemed to prohibit an offer or contract to sell, lease or financi real property or to construct improvements thereon where such sale, lease, financing or
'the
commencement of construction is expressly conditioned upon the approvaT and filing for recordation by the County Recorder of the final map or the parcel map.
3.140 MODIFICATIONS OF TITLE
A, \rVlrenever in the opinion of the Decision Making Body the land involved in any subdivision is of suih size or shape, is subject to such title limitations of record, is affected by such topographical location or conditions, or is to be devoted to such use that it is imposbible or impiacticable in the particular case for the subdivider to conform fully to the regulations coniained in this Title, the Decision Making Body may make such modificition thereol as in its opinion is reasonable, necessary, expedient, and in conforrnity with the spirit and purpose of the General Plan, any applicable specific plan, the Zoning Ordinance, and this Title'
B. Each such proposed modification shall be referred to the officer or department under whose particul'ar jurisdiction the regulation involved comes, and such officer or department shall transmit to the Decision Making Body its wriften recommendations on eabh such proposed modification and the facts supporting such recommendation.
C. Said recommendation shall be reviewed by the Decision Making Body and, in case such modification is made by the Decision Making Body together with appropriate findings to support the decision, the maps shall be modified accordingly' D. A copy of the recommendations and findings shall be filed in the City Engineer's office.
3.150 VOIDABILITY OF CERTAIN TRANSACTIONS
Any deed of conveyance, sale or contract to sell real property ryltich has been divided, or which hai resulted from adivision, in violation of the provisions of this Title, is voidable to the extent and in the same manner provided in Section 66499.32 of the Subdivision Map Act.
3.160 REMEDIES NOT BARRED
This Tile does not bar any legal, equitable or summary remedy to which the City or any aggrieved public agency or person may otherwise be entitle and the City or any aggrieved public agency or personhay file a suit in the superior court to restrain or enjoin any attempted or piopoied division of land or other act which is in violation of this Title.
3.170 URBAN LOT SPLIT
A. Apolication for an Urban Lot Split
1. Purpose
The ourpose of this section is to allow and aooropriatelv reoulate urban lot sDlits in accordance with Government Code section 66411'7.
2. Definition
An "urban lot splif' means a subdivision of an existino.-leoallv subdivided lot into two lots in accordance with the reouirements of this section.
3. Aoplication
City of Shafter Title 16 Subdivisione 12t2}t2016 Page 22 a.
4. Approval
b.
c.
a
Only individual oroperty owners may apply for an .urlan l9t solit. ;incjividual p"rgpertf owLer" means a natural person hplding fFe title individuallv or iointly in the per$gn's ov{n name.oLLbgneficiarv of a tt.ust that" holds fee title. "lndividual properly owner" does not includg anv corooiation or corporate person of any kind (partnership. LP. LLC' C Coip. S corp. etc.l exggpt for a colnmunitv land trust (as defined by Rev. & Tax Code S 402.1(al(1 l XCXiill or a oualified nonprofit corooration (as defined bv $ 214.15),
An aoolication for an urban lot slIt must be submitted on.thg Citv's aooroved foim. Onlv a comolete aoplication will be considered. The Citv will inform the apolicant in writing of anv incomoleteness within 30 dayq after the aoplicaticn is submitted.
The Citv mav establish a fee to recover its costs for adootino' irnpfiementino. and enforcinLthis section of the code, in accordance with aopiiCable law. The City Council mav establish and change the fee by resolution. The fell must be oaid with the apolication. b.
c
A parcel map waiver shall be the mechanism for urban lot splits. An aopiication for a pafcel mao wavier for an urban lot split is approved or dbnied ministerially. bv the Planning Director, without discretionary review, The aoproval must require the owner and aoplicant to hold the Citv harmless from all claims and damaqes related to the approval and ils subiect matter.
Jhe aoproval must require the owner and apolicant to reimburse the City for all cosis of enforcement, includinq attornevs' fees and costs associateC with enforcino the reouirements of this code.
I The buyer or grantee of a lot that is created by the urban, lot split ha's all the remedies available under the SMA. including but not limited to an action for damaoes or to void the deed' gale. or contract,
5. Requirements
An urban lot split must satisfy each of the following requirements:
a. The urbran lotsplit must conform to all applicable obiective requirements of the Subdivision Map AcL{Gov. Code $ 66410 et. seq'. "SMA")' inCludino implementinq requirements in this code. excent as otherwise expresslv pro.Vided in this section.
b. lf an urban lot split violates a[y part of the SMA, the City's subdivision Jqgulations. includinq this section. or anv other leqal re.quirement:
. The buyer or grantee of a lot that is c.reated by-the urban lot solit has all the remedies avail?ble under the SlU. incluglnq but not limited to an action foj dam9ges or to void the deed, sale, or contract'
r The Citv has all the remedies available to it under the SMA. includinq but not limited to the following:
City of Shafter Title 16 Subdivisions 12120t2Q16 Page 23 An action to enjoin anv attempt to sell. lease, or.
lnance theprooerty.
An action for other legal. eqgitable. or summary
remedv. such ap deQlaratgrv and iniunctive relief.
Criminal prosecution, punishable bv imprisonment in
county jgil gr-statg- prison for up to one vear. bv a fine of up to $10.000, or both: or a misdemeanor.
.@
. Withhold any or all future-permib and approvals.
Notwithstandino section 66411.1 of the SMA. no dgdication of riohts-ofwav or construction of offsite improvements is reouired for an urban lot solit.
I
c,
6. h. Habitat for orotected soecies.
City of Shafter Title 16 Subdivisions 1212012016
Zone
The lot to be split is the Estate (E), Residential Estate (R-E). or Low Densitv Residential (R-1) zone district. For purooses of this section. a single-familv residential zone is. a zorle where the onlv residential use that is allowed as a primarv use is a single residentialdwellino on a lol
7. Lot Location
The lot to be split is not located on a site that is anv of the following:
a. Prime farmland, farmland of statewide importance. or land that is zoned or desionated for aqricultural orotection or preservation by the voters..
A wetland.
A hazardous waste site that has not been cleared for residential use. \Mthin a delineated earthquake fault zone, unless all develooment on the site comolies with aoolicable seismic orotection building code standards. e. Within a 1O0-vear flood hazard area, unless the site has either:
Been subject to a Letter of Map-Revision orepared by the Federal Emergency Manaqement Aqency and issued to the
local iurisdiction or
Meets Federal Emergency Manaoement Agencv reouirements
necessary to meet minimum flood plain management criteria of the National Flood lnsurance Program.
Within a reoulatorv floodwav. unless all development on the site has received a no-rise certification.
Land identified for conservation in an adopted natural community conservation plan. habitat conservation plan. or other adopted natural resource protection olan.
b.
c.
d.
a
a
f
o.
Land under conservation easement.
The purpose of suboart (cX2XA) above is merely to summarize the requirements of Government Code section 65913.4(aX6XB)-{K}. (See Gov. Code $ 66411.7(q)(3XC).)
Not Historic
The lot to be split must not be a historic oropertv or within a historic district that is included on the State Historic Resources lnventor.v, Nor may the lot be or be within a site tha!..is designated by ordinance as a City or countv landmark or as a historic property or district.
No PriqlUrban Lot Split
a. The lot to be split was not established throuqh a nrior urban lot split. b, The lot to be split is Rot adiacent to any lot that was established throuoh a orior urban lot split by the owner of the lot to be solit or by anv oerson actinq in concert W-ith the owner.
No lrTpact on Protected Housinq
The urban lot split must not require or include lhe demolition or alteration of any of the followinq tvpes of housinq.
a. Housing that is income-restricted for households of moderate, low. or very low income.
b. Housinq that is subject to any form of rent or price controlthrough a oublic entity's valid exercise of its policv power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code $$ 7060*7060.7) at any time in the 15 vears prior to submission of the urban lot split application. d. Housing that has been occupied by a tenant in the last three vears. The aoplicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to lhis fact with the application for the oarcel map. The City mav conduct its own inquiries and investigation to ascertain the veracitv of the sworn statement. includinq but not limited to, surveving owners of nearbv Brooerties: and the Citv mav require addittgnal evidence of the aoolicant and owner as necessary lo determine comoliance with ihis requirement.
11. Lot Size
The lot tq be split must be at leasl2,400 square feet.
The resultinq lots must each be at least 1.200 llLuare feet.
Each of the resultinq lots must be between 60 percent and 40 oercent of theoris$al-lglelea
12. Easements
The owner must enter into an easement agreement with each publicservice provider to establish easements that are sufficient for the provision of public services and facilities to each of the resultino lots. 2t20t2016
l.
j.
8. o
10. a.
b.
c.
a
City of Shafter Title 16 Subdivisions 1 Page 25
b. Each easement must be shown on the tentative parcel map' c. Copies of the unrecorded easement agreements must be submitted with tlre appilication. The easement aqreements must be rgcorded against thP pEnertv before ihe final mao mav be aporoved. in accordance with suboart (cX2) above.
13. Lot Access
a. Each resulting lot must adioin the oublic right of wav. b. Each resultinq lot must have frontage on the oublic rioht of way- of at least 12S feet oi. if accessed bir the "oole" of a flag lot, then at least 20 feet, Unit Standards
a. Quantity
results from an urban lot solit. For Durooses of this "unil" JADU,
14. d
15. Unit Size
The lotal floor area of each primarv-dwellinq that is developed on a resultino lot:
r must be at least 500 square feet and
e lnav be a- larger-floor Arga F?sed on-the maximum lot coveraqe of the underlying zone'
A primarv dwellinq that was legally established prior to.the-urban lot split and ihat is Frger than 800 square feet is limited to the lqwful floor area at the time of the urban lqt split lt mav nolle exp-Anded.
A primary dwellino that was leqally established prior to the urban lot split and thil is smaller than 800 square feet mav-be expanded to 800 souare feet afigr the urba.n lot sPlit.
b.
c.
Hgight Festr:ictipnq
a, 9o a resulting lot tha! js larg.er than 2,000 square feet. l:lo_ new primary dwellino unif maLexceed a sinqle storv or 16 feet in heiqht. measured froryr glqdg torea! of the structure.
oroiect into the setback.
No..too.Jtop deck is permitted on anv new or remodeled dwelling or structure orEt lot r-esultino from an urban lot split.
b.
c.
City of Shafter Title 16 Subdivisions 1212012016 Page 26
16. Lot Coveraqe
17 square feet each.
Setbacks
a. Generally
All setbacks must conform to those obiective setbacks that are imposed throuqh the undedying zone.
b. Exceotions
Notwithstandino subpart 14.b. above:
o The htal floor area of each orimary dwelling that is developed. on a resultinqlot must be:
' Existinq Structures
Comoliance wilh current setback standards is not
required for an existing legally established structure or for a new structure that is constructgd in the same
location and to the same dimensions as an exigting
leoallv established structure.
New Structures
The setbacks inqosed by the underlyino zone must
vield to the deoree necessary to avoid phvsicallv
orecluding the construction of uo to two units on the lot or either of the two units from beinq at least 800 square feet in floor area: but in no event may any structure be less than four feet from a side or rear prooertv line.
t
18. 19.
Front Setback Area
Notwithstandino anv other oart of this code, or subject to an adooted Soecific Plan. dweliings that are constructed under this section must be at least 25 feet from the front orooerly lines. The front setback area must:
a. Be kept free from all structures greater than six feet hiqh. b. Allow for vehicular and fire-safetv access to the front and rear structure.
Parkinq
Each new primary dwelling unit that is built on a lot after an urban lot split must fnve at least one off-street parkino space per unit unless one of the followino apolies:
a. The lot is located within one-half mile walking distance of either:
City of Shafter Title 16 Subdivisions 1212012016 Page 27 a A corridor with fixed route bus service with service intervals no lonoer than 15 minutes during peak commute hours or
a A site that contains:
an existino rail or bus raoid transit statlon,
a ferry terminal served bv either a bus or rail lfansit service. or
the lntersection of two or more major bus routes wlth a freouencv of service interval of 15 minutes or less
durino the morning and afternoon oeak commute
Beriods.
a
I
I
b. The site is located within one block of a car-share vehicle location.
20. Architecture
a.
b.
lf there is a legal orimary dwellino on the lot th?t was established beforq the urban lot solit. anv new primarv dwellins unit must match the existino orimarv dwelling unit in exterior materials. color. and dominant roof pitch, The dominant roof slope is the slope shared bv the largest oortion of the roof.
l! there is no leqal orimary dwellino on the lot before the urban lot split, and if two orimary dwellinqs are developed on the lot. the dwellinos must match each other in exterior materials. color, and dominant roof pitch. Thq dominant roof slope is the slope shared by the laroest oortion of the roof, Nonconforminq Conditions
An urban lot split mav be approved without requirinq a legal nonconforming zoninq condition to be corrected.
Utilities
a. Each orimarv dwelling unit on the resulting lots must have-ils own dilect ulilitv connection to the utilitv service provider,
Each dwellinq unit shall be connected to the public seweraoe svstem in accordance with Shafer Municipal Code Section 8.40.050.
Each primarv dwellino unit on the resultino lots that is or that is proposed to be connected to an onsite wastewater treatment svstem must first have a percolation test completed within the last five vears or. if the percolation test has been recertified. within the last 10 years.
Buildino and Safety
All structures built on the lot must complv with all current local building standards.
An urban lot split is a change of use.
24. Separate Convevance
a. \Mthin a resultino lot:.
21 22.
b.
c
23. City of Shafter Title 16 Subdivisions'1212012016 Page 28 Primarv dwellinq units on a lot that is created bv an urban lot split mav not be owned or conveved seBarately from.each other.
ConSominium airspace divisions and common interest
develonments are not permitted on a lot lhat is created by an urban lot split.
All fee interest in a lot and all dwellinos pn the lot must be held equally and undivided by all individual property owners.
Between rgsultinq lots.
Separate convevance of the resultirlg lots is permitted. lf dwellings or other structures (such as qaraqes) on ditferent lots are adiacent or attached to each other. the urban lot split boundarv mav seoarate them for convevance purnoses if the structures meet building code safetv standards and are sufficient to allow seoarate conveyance. lf any attached structures span or will soan the new lot line. the owner must record appropriate CC&Rs. easements, or other documentation that is necessary to allocate riqhts and reg)onsibility between the owners of the two lots. a
a
a
b
25. Eegulations of Use
a. Residential-onlv
No non-residential use is permitted on any lot created bv urban lot split other than those uses allowed per Section 11.170 (Home Occupations). b. No Short-term Rentals
No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less lhan 30 days.
c. Owner Occupancv
The aoplicant for an urban lot split must sign an affidavit stating that thq apolicant intends to occuBy one of the dwelling units on one of the resulting lots as the applicant's grincioal residence for a minimum of three vears after the urban lot split is approved.
26. Notice of Construction
At least 30 business days before stafting qnv const$ction of ? "-s.tructule on a lot created by ?n urban lot split. the plopedv owner must qive wJitten notigq to all tlre. owner-s 9l r.ecord .g[-gagh of the adiacent residet[lal parcels..w.hich notice must include the following information:
Notice that construction has been authorized.
The anticipated start and end dates for construction,
The hours of construction.
Co-ntact information for the proiect manager {for constrJction:
rel?ted complaints). and
Contact information for the Buildino & Safetv Department.
d.
a
a
a
t
City of Shafter Title 16 Subdivisions 1212Q12016
a
b. This notice reguirement does not confer a right on the noticed persons o[ on anvone else to comment on the Droiect before oermits are issued.
Approval is ministerial. Under state law, the City has no discretion in approvino or denvinq a oarticular oroject under this section. This notice reouirement is ourely to oromote neiqhborhood awareness and expectation.
27. Deed Restriction
The owner must record a deed restriction. acceptable to the City. that does each of the following:
a. Fxoresslv pfohibits any rental of anv dwelling on the properly for a period of less than 30 daYs.
Exoressly orohibits any non+esidential use of the lots created bv the urban lot split.
Expressly prohibits any separate convevance of a orimarv dwellinq on the propertv, any separate fee interest, and
-
gnv common interest
development within the lot.
d. States that the propertv is formed by an urban lot split and is therefore subiect to the City's urban lot split reoulations. includinq all applicable limits on dwelling size and development,
28. Soecific Adverse lmpacts
Notwithstanding anythinq else in this section, the Citv mav deny an aoplication for an urban lot split if the buildinq official makes a written finding, based on a preponderance of the evidence. that the proiect would have a 'specific. adverse impact" on either public health and safety or on the phvsical environment and for which there is no feasible method to satisfactorilv mitigate or avoid the specific adverse imoact. b. "Snecific adverse imoact" has the srmr meeninc as in Gov Coda 6 65589.5(dX2): "a significant. quantifiable, direct. and unavoidable impact. based on objective, identified written public health or safety standards. oolicies, or conditions as they existed on the date the aoolication was deemed complete" and does not irelude (1) inconsistency with the zoninq ordinance pr general.olan land use desiqnation or (2) the elig"ibililv to claim a welfare exemption under Revenue and Taxation Code section 214(g).
The building official may consult with and be assisted bv planning staff and others as negessary in making a findinq of specific. adverse ifnpa-ct, b.
c.
a.
c.
Cily of Shafter Title 16 Subdivisiorc 1212012Q16 Page 30 the previous final map, whichever is later. The extensions shall not extend the tentative map more than ten (10) years from its approval or conditional approval. "Public improvements," as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, over-crossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. Where the provisions of this subsection so apply, upon the recordation of a final map for any phase, the City Engineer shall conform the conditions applicable to all remaining phases to the requirements of the City in effect as of such date.
E. A tentiative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of that agreement.
F. After approval of the tentative map, if changes deemed substantial by the City Engineer are proposed, a filing of a revised tentative map will be required. The previously assigned tract number will be used with the word "Revised" added to the number. The procedure for filing a revised tentative map is the same as for the tentative map. A revised tentative map cannot be filed if the approval on the original map has expired. An approved revised tentative map supersedes the tentative map for which it was filed' G. Tentative maps subject to a development moratorium imposed after approval of the tentative map, or subject to a lawsuit involving the approval or conditional approval of the tentative map pending in a court of competent jurisdiction, shall be subject to the provisions of Sections 66452.6(3Xb)(1) through 66452.6(bX3) or Section 66452.6(c), respectively.
ENVIRONMENTAL ANALYSIS REQUIRED FOR MAP APPROVAL
A. No tentative maps shall be acted upon by the Decision Making Body unless the provisions of the City's latest adopted "Guidelines lmplementing the California EnvironmentalQuality Act (Guidelines)" have been adhered to.
B. The subdivider shall provide such data and information as may be required by the Guidelines, which may be required in the form of an lnitial Study. Based upon the conclusion drawn from the lnitial Study, the subdivider may be required to provide for, under the direction of the City, a draft EIR in accordance with the provision of the Guidelines and deposit such fees with the Gity as may be required for the preparation and processing of any such required environmental document.
MAP APPROVAL CONDITIONED ON COMPLIANCE WITH GRADING AND EROSION CONTROL.
Every tentative map approved pursuant to this Title shall be conditioned to comply with the requirements for grading and erosion control, including the prevention of sedimentation or poiential damage to off-site property, as set forth in ing beCe Chaoter 15.28 (Gradinq Code) of the Shafter Municioal Code as adopted by the City.
4.90 4.100
City of Shafter Title 16 Subdlvisions 1212Q12416 Page 41
15.40 2. A determination of merger shall be recorded as provided for in Section 66451.12 of the Subdivision Map Act no later than nine$ (90) days following the mailing of notice required bY this ChaPter.
C. Recording and Mailing Notification Not to Merge. lf it is determined that the parcels shall not be m6rged, the Ctty Engineer shall cause to be recorded with the County Recorder, in the mannei specified in Section 66451.12 of the Subdivision Map Act, a release of the notice of intention to determine status, and shall mail a clearance letter to the then current owner of record.
EXCEPTION: LOT MERGERS OF CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP A. An application for a lot merger for contiguous parcels under common ownership, by the owner of such parcels, may be approved by the Project Assistance Team provided that said application is consistent with all requirements of the General Plan, the Zoning Ordinance, the latest edition of the Uniferm galifornia Building Code adopted by the City Council, and this Title. Any other merger, other than the example described ab6ve, shall be subject to the provisions of Chapter 3, Article 1.5 (Merger of Parcels), Sections 66451,10 tlirough 66451.24 of the Subdivision Map Act, and Sections 15.010 through 15.030of this ChaPter.
B. Application for a lot merger for contiguous parcels under common ownership, as provided in Section 66499.20.3 of tne SubOivision Map Act, shall be filed with the Planning Director upon such forms and accompanied by a plot plan and such information as may be requested by the Planning Director
C. Upon approvat of the application for a lot merger, the City Engineer shall, provided each c6ndition has been satiified and such lot merger is reflected in a deed to be concurrently recorded with the County Recorder, issue a certificate of compliance and shall cause said certificate of compliance or conditioned certificate of compliance to be filed for record with the Coung Recorder. A record of survey shall also be recorded if required by Section 8762 of the Business and Professions Code.
City of Shafter Title 16 Subdivisions 1212012016 Page 85 CITY OF SHAFTER DEVELOPMENT CODE Cnapren 1
lot lines of those properties are considered to be abutting, adjoining, or adjacent.
Access Corrldor
A portion of the site providing access from a street and having a dimension less than the required lot width. The area of an access corridor shall not be included in determining the lot area.
Access Rights
The right, claims, title, or privilege of access, by pedestrians or vehicles, to a public road or waY,
Access Road
A graded road with such improvements and of such width as required in Title 16 of the Municipal Code which provides access from a division of land to an existing maintained street or highway'
Accessont Dwelllno Unlt
A dwellino unit with complete indeoendent livino facilities for one or more oersonqJhat can be detached (separate from the orimary structure). attached (attached to the primarv structure\. or converted existlng space (e.g-master berdroom. attached oarage. or similar use) on the lot of the primarv residence that is converted inlo an independent livino unit'
Accessory Structure
Any subordinate structure or portions of the main structure, the use of which is incidental to that of the main structure on the same lot or premises, and which is used exclusively by the occupants of the main structure. An accessory structure may be erected only after the principal structure is established.
Accessory Use
Any use customarily incidentalto, related and clearly subordinate to a principal use established on the same lot or premises. An accessory use may be established only after the principal use is established.
Acreage (Gross)
The total fee ownership of a parcel or land area including any easements, but excluding any existing offers of dedication, dedications, or rights-of-way.
Acreage (Net)
The land area which remains after dedication of ultimate rights-of-ways for 1) exterior boundary streets, 2) flood control rights-of-way, and 3) public parks developed to meet minimum standards. Major utility easements and rights-ofway may not be counted as adjusted net acreage. Areas devoted to park land or active recreational uses may be counted as adjusted net acreage only if such public facilities are proposed over and above the City's minimum park land requirements.
1-11 Administration
Cxlpren { CITY OF SHAFTER DEVELOPMENT CODE
Actlve Recreatlonal Uses
Facilities occurring in a planned development or multiple family project which are designed to provide individual or group activities of an active nature including, but not limited to, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include naturalopen space, nature study areas, open space for buffer areas, riding and hiking trails, water courses or drainage areas.
ADU
Sea "Accegsorv Dwellino Unit."
Adult Arcade
Any establishment, where, for any form of consideration, still or motion picture machines, videocassettes, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing "Specifi ed Sexual Activities" or "Specific Anatomical Areas." Adult Bookstore
Any establishment selling or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures' slides, tapes, video cassettes, record or any other forms of visual or audio representation twentyfive (25) percent of which, by number, are characterized by an emphasis upon the depiction of description of "Specified Sexual Activities" or "Specified Anatomical Areas."
Adult Cabaret
Any nightclub, bar, restaurant, or similar establishment in which a signiflcant portion of the entertainment presented, features:
. Live performances which are distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas;"
r Films, motion pictures, video cassettes, or slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of "specified SexualActivities" or "Specified Anatomical Areas" for the observation by patrons.
Adult ModelStudio
Any establishment wherefore any form of consideration or gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, a firm which is operated by an individual, firm, association, partnership, corporation or an institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of a diploma' Administration 1-12
CITY OF SHAFTER DEVELOPMENT CODE CXNPTEN 1
Garage
A permanently roofed structure with 3 enclosed sides and a garage door which is used for automobile shelter and storage'
Garage (Private)
A detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles of the occupants of the premises.
Garage (Public)
Any garage other than a private garage.
GeneralPlan
The City General Plan, as adopted and subsequently amended.
Grade (Exlsting)
The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this title.
Groundwater Recharge
The natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water-holding rocks that provide undergrou nd storage ("aquifers").
Grove
A planting of fruit or nut trees, or other man-made planting of trees without underbrush.
Guest4lua*e+e
tivingqffinne.Bremise€.{ith-thef rima#dwellingunit-er
"saeted-t€
themain Po imary-dw$@
per€oneempleyedc+the premises; membeFs ef+le family livifl g in the pimary dwelling-ssiF
ave*no-*ilehen-€n+shaF+ot-bffi nt€d-er
leased-eeethewvis€-us€d€s€€eBaratedwellin gr.
Guest Room
Any rented or leased room which is used or designed to provide sleeping accommodations for one er more guests in apartments, hotels, motels, private clubs, lodges and fraternal organizations. ln a suite of rooms, each room that provides access to a common hall or direct access to the outside area shall be considered as one guest room'
HarmfulMatter
As defined in accord with Penal Code $ 313(aX1)(2), means matter which, when taken as a whole, appeals predominantly to the prurient interests of the average person and, when applying contemporary statewide standards with respect to what is suitable material for minors, lacks significant literary, artistic, political, educational, or scientific value for minors' 1-29 Administration
Gnepren 1 CITY OF SHAFTER DEVELOPMENT CODE
JADU
See "JuniorAgcessory Dwelling Unit'"
Junior Accessorv Dwellino Unlt
A specific tvpe of conveFion of existinq space that is contained entirely within an existing or prooosed sinole-family residence or attached gareoe: mugt have a serrarate entrance. efficiency kitchen. and may include seoarate sanilotiotl facilities or use the residence's existing sanitation svstem: and is no qreater than 500 square feet in size'
Kennel (Commercial)
Any kennel maintained for the purpose of boarding, marketing, breeding, raising or training dogs and/or cats over the age of four months for a fee or for sale,
Ken nel (Non-Gommercial)
Any property where seven or more dogs and/or cats over the age of four months, are kept or maintained for the use and enjoyment of the occupant for non-commercial PurPoses.
Kiosk
Any Off-Site Subdivision or Business Directional Sign or structure, of four sides or less, typically constructed of 4" by 6" posts upon which Business Directional or Subdivision Signs may be mounted.
Kitchen
A room, or any portion of a room, used for cooking and/or preparation of foods, Land Project
A subdivision as defined in Section 11000.5 of the Business and Professions Code.
Landscaping
The planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers or lawns. ln addition, the combination of design may include natural features such as rock and stone; and structural features, including, but not limited to, fountains, reflecting pools, art work, screens, walls fences and benches,
Livestock
Domestic or useful animals normally kept or reared on a farm or ranch for work, breeding, fattening, or other purposes including, but not limited to, horses, bovines, sheeP, swine, and goats.
Logo
Logo shall mean a trademark or symbol of an organization or business.
Administration 1-32
CHAPTER 4 CITY OF SHAFTER DEVELOPMENT CODE
usE E R-E R-1 R-2 R-3
G. PuaLtc/Qulst-Puellc Uses
1 Care Facilities P P P P P
2. Post Office Branch I I c c c
3. Churches c c c c c
4. Clubs, Lodges, Fraternities/Sororities c c c c c
5. Educational lnstitutions (public and private) c c c c c
6. Fire and Police Stations c c c c c
7. Public Libraries and Museums I I I c c
8. Public Parks and Recreation, unless project otherwise entails a public hearing, then Permitted.
c c c c c
9, Public Utility and Public Service Substations, Reservoirs, Drainage Sumps, Pumping Plants, Transmission Lines, and similarinstallations not including Public Utility Offices, unless project otherwise entails a public hearing; then Permitted, c c c c c
10. Recreational Facilities (e.9. Country Clubs, Tennis and Swim Clubs, Golf Courses), including Limited Commercial Uses which are commonly associated with and directly related to the Primary Use
c c c c c
D. HoruE Occupnrtorus
1 Home Occupations (Subject to the provisions of Section
11.170 and the issuance of a Home Occupation Permit)
P P P P P
E. TEMPORARY USES
1. Temporary Uses (Subject to the provisions of Section 2'90 and the issuance of a Temporary Use Permit)
P P P P P
F. ACCESSORY USES
1. Accessory uses and structures located on the same site as a permitted use
P P P P P
2. Other accessory uses and
as a use permitted subject
structures located on the same site
to a Conditional Use Permit
c c c c c
3. Antennas and Satellite Dishes; subject to Section 11.80 of this Title
P P P P P
4. MAcc,essorv Dwellinq UniUJunior CP CP EP rP rP
5. Private Garage P P P P P
6. Private Swimming Pool, Tennis Court P P P P P
7. Recreational Vehicle Storage Yard (Associated with
Residential DeveloPment)
c c c c c
L Feed and Tack Stores to CommercialStables c I I I I
9. Dormitories accessory to Educational lnstitutions c c c c c
10. MedicalCannabis Uses, as defined under Section 1.190 and subject to the provision of Section 11.290, are prohibited in the residential dishicts.
I I I t
11. Marijuana Uses, as defined under Section 't.190 and subject to the provisions of Section 11.30 are regulated in the residential districts.
I I I I I
Residentlal Distrlcts 44
CITY OF SHAFTER DEVELOPMENT CODE Gxlpren 4
usE E R.E R.1 R-2 R-3
G. Other uses slmilar to, and no moro oblectlonable than the uses ldentlfied above, sublect to the provisions of Section 1.90 of thls Tltle.
Table 4.8 Residentlal Slte Development Standards
E (Large Lot) refers only to a
width in E, R-E, R-1, and R-2
lots. Minimum lot width in an
for knuckle lots.
Minimum building setback from the centerline of sub-standard streets shall be (a) 55' for R-1 lots, and (b) 65' for E lots.
A one-hour fire wa1, approved by the Building Officiel, reduces the minimum distance between buildings as follows: (a) within a Planned Developrnent, 0'; (b) within all other zone diskicle, 5' Minimum 1-bedroom, 650 sq. fi.; and (c) 2-bedroom, 850 sq. ft. apartment gize is ln an R-1 subdivision with
(a)
13 studio, 450 sq. ft.; (b)
or more lots, the following shall ,325 sq. ft.;
(b) 20% of the lots in
ln an R-E subdivision
any block may be reduced in width to 55 ft.
apply: (a) the average minimum house size shall be 1
; and (c) lhe average lot size for all interior lots shall be 6,500 sq. fi. with 13 or more lots, the mtntmum house size shall be 1,500 sq. ft. 4-5 Resldential Dlstricts
subdivision subject to the provisions of Sect. 9,070 of the Ci$'s Subdivision Ordinance. Minimum lot zone districts along the arc of the front property line shall be 35' for cul-de-sac lots and 40' for knuckle E (large lot) zone diskict along the arc of the front properly line shall be 55' for cul.de-sac lots and 60' R.E R'1 R.2 R-3 E
(Large Lot) E
1, Maximum 1.0 3,5 4.0 5.0 14.0 24.0 density (dwelling units per acre) 9,000
9,385
12,000
12,5N
40,000
(1 Acre Avg)
40,000
(1 Acre Avg)
10,800
11,500
7,500
8,385 6,835
2, Minimum 6.480 lol area (Net
area in sq fi)
a. interior
b. corner
60'
65'
75',
80'
90'
100'
135'
(150'avg)
150'
90'
100'
70'
7'',
a. interior lot
b. corner lot
3. Minimum lot width
200' 120', 100' 100' 100'
100'
4. Minimum 1 00' lot depth
a. lf lot is less than 20,000 sq ft
25',
20'
25',
2A'
20'
20'
20'
2A
40'
40'
25',
25',
20'
5. Minimum front yard set-back
a. Lot adjacentto a straight slreet
b. Lot less than 20,000 sq ft adjacent to straight st'
c. Cul-de-sac lot or knuckle lot
5'
10'
SEE }IOTE
10'
5'
5'
10'
5'
10'
5'
10'
'10'
10'
10'
6. Minimum interior side yard setback
a. 1 story
b. Any portion of a structure exceeding 1 story
c. Cul-de-sac lot or knuckle lot
10'
15'
10'
15'
10'
15'
20'
30'
10'
15'
15',
15'
7. Minimum street side yard selback:
a. corner lot
b. reverse corner lot
5'
15'
15'
25'
15'
5'
I'
5'
1s',
5'
15'
N/A
40'
8. Minimum rear yard setback:
a. Lot with alley
b. Lot with no alleY
c. Lot less than 20,000 sq ft, with no alley
L Maximum 25o/o 30o/o 350/o 4Ao/o 50o/o 600/o lot coverage 35' 35' 35', 35' 35' 35' 10. Maximum height for buildings and structures 4S
4g
4S
14 14
1g
1S
1g
4g
1S
1S
{g
1-1
@W
1,850 1,450 1,300 1,150 850 850 11. 4* Minimum dwelling unit size (square feel) Cxapren 4 CITY OF SHAFTER DEVELOPMENT CODE
3 Additional Standards for Condominium, Townhouse, and Apartment Developments
a. All condominium and condominium conversion proiects shall comply with the provisions of Section 10,50 (Condominiums and Condominium Conversions) of this Title.
b. Any proposal for a condominium conversion shall include a set of original construction plans for the building(s) as part of the initial application for conversion.
c. For all condominium conversions, an on-site inspection shall be made by staff from the Building, Engineering, Fire, and Planning Departments to determine whether the design criteria set forth in this Section has been met. Such inspections shall be made after the initial application but prior to any approval of the primary entitlement, d. Condominium, townhouse, and apartment developments shall comply with the latest City adopted Uniferm Gallfomia Building Code, unifgrm Cal ifo rn ia M ech an ica I Code, tJnifermlln*ernatienal Ca lifornia Pl um bi ng CoOe, $le+ienal California Electrical Code, Uniferm California Fire code, and all other applicable codes, ordinances and regulations in effect.
Within for sale Projects, including condominium conversions, separate utility services shall be provided to each dwelling unit' When carports are provided for a condominium, townhouse, or apartment development, a minimum of 260 cubic feet of enclosed exterior storage space shall be required for each carport' All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building official to be a source of structural vibration or structure borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official'
where a multiple family dwelling, including incidental or required accessory uses, abuts propefi in an E or R-1 zone district, a masonry wall six feet in height shall be required along the property line between such use and the E or R-1 zone district'
The Planning commission and/or city council may require a greater setback as part of a Precise Plan of Design due to the size, width, or length of a building and its relationship to a street or intersection of two streets. ln addition, a greater setback may be required to ensure compatibility with contiguous land uses.
(1) ln the case of a dwelling structure designed with a patio above the first floor level, such patio shall be permitted to extend only a maximum of six (6) feet into the required side or rear yard e.
f
g
h
t.
Residential Districts 4.8
Cmpren 10 CITY OF SHAFTER DEVELOPMENT CODE
c. GroundMountedMechanicalEquipment
Ground mounted equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment; if fully enclosed, may be permitted ln any rear or interior side yard setback. lf fully enclosed, said equipment may project a maximum of four (4) feet into the required rear yard setback, and a maximum of two (2) feet into the required interior side yard setback, but shall be prohibited from projecting into the required front or street side yard setbacks.
d, Roof Mounted Mechanical Equipment
All roof mounted mechanical equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment shall be located on the rear portion of the roof ridgeline in such a manner as to be screened from public streets. On commercial property, said mechanical equipment may be placed forward of a ridge line provided screening for the equipment has been approved. lndustrial property is exempt from this provision.
e Detached Accessory Structures
(1) A detached accessorv structure mav be located within five 6) feet of an interior side yard or rear yard, provided that when suchastructurei ier
@il-beinstalled€n4he
eid+€F€ides{eealeil^/ithi
@uetur+bs less than 120 souare
feet. The structure cannot be located closer than thirty (30) inches to an interior side property line or to a rear property line unless constructed in accordance with the requirements of the California Residential Code for fi re-resi sta nt construction. (21 Accessory buildings shall have a maximum height of eioht (8) feet if within ten (10) feet or less to an interior or rear lot line. (3) (2) Accessory buildings shall have a maximum height of fifteen (15) feet if located more than ten (10) feet from an interior or rear lot line; provided, however, that the accessory building is no higher than the main structure.
f. Projections into Yards
Porches, steps, and other architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls, and baywindows may project a maximum of thirty (30) inches into any required front, rear, or side setback area.
General Development Standards 10-2
CITY OF SHAFTER DEVELOPMENT CODE CnnprEn 10
2 Accessory Structures: Nonresidential Districts
a. Accessory structures shall not be located within the "building frontage," as defined in Section 1+90 1,190 of this Title.
Accessory structures shall meet all of the setback requirements forthe associated main buildings;
Eaves, roof projections, awnings, and similar adiacent architectural features may project into the City right-of-way subject to receiving an approved encroachment permit from the City Engineer.
Fireplaces, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar architectural features may project into required building setback areas a maximum distance of thirty (30) inches, provided that all such features in any one setback shall not occupy more than 25 square feet of that required building setback area.
Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may exceed the height limit of the land uee district in which it is located by not more than 25 percent, provided that such feature shall not be used for habitable space and appropriate screening is provided for mechanical equipment when possible.
Ground and wall mounted equipment incidental to industrial, commercial or office development shall be appropriately screened with solid walls and/or landscaping. Such equipment shall not be located in front of a building and any screening provided shall be architecturally compatible with adjacent architecture and materials.
Roof-mounted equipment shall be used only for the building upon which it is mounted.
Roof-mounted equipment shall be screened from public view to the extent practicable, as follows:
(1) All roof screens must be solid and continuous. Equipment may be covered by continuous grills or louvers.
(21 Roof screens shall be sheathed in a matching or
complimentary material to the exterior building material and may include metal panels, aluminum, copper, ceramic tile, or other surface as approved by the Planning Department'
Mechanical plants and distribution networks shall be located in a manner that is compatible with the affected building, b.
c.
d.
e,
f.
g
h
(3)
10-3 General Development Standarde
CITY OF SHAFTER DEVELOPMENT CODE Gnnpren 10
(3)
the estimated prices of the converted units andior lots, a copy of the proposed CC & Rs, a Tenant Relocation Assistance Plan indicating the number of tenants interested in purchasing or relocating, and detailed plans for assisting in the relocation of tenants. The subdivider shall furnish each prospective buyer with a copy of this report together with the CC & Rs'
The Planning Department shall prepare and deliver to the applicant a Staff Report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.
Tenants shall be notified by the subdivider in writing, of all public hearings in connection with an application for
conversion, and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancY.
The applicant shall comply with the latest City adopted Uniferm Californi.a Building Code, tJnifom California Mechanical Code, Uniferm/lnternatienal California Plumbing Code, $'lati€nal Celifornia Electrical Code, unibrm California Fire Code, and all other applicable codes, ordinances and regulations. The applicant shall further complete such alterations or repairs required by the Building fficial prior to the sale of any such units.
(4)
(5)
c.
(6) Written notice shall be given to all residentialtenants not less than one (1) year from the date of tenlative approval.
For residential conversions, the Planning Commission shall also determine that:
(1) The conversion is consistent with the General Plan; and (2) The vacancy factor of rental housing units in the City exceeds three (3) percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the Planning Commission determines that a new rental unit has or will be added to the City's housing inventory for each rental unit removed through conversion; and (3) The subdivider has complied with all provisions of this Title and all other requirements and conditions as may be imposed by the Planning Commission.
10.9 General Development Standards
Cxnprsn 10 CITY OF SHAFTER DEVELOPMENT CODE
4) Minimum Unit Size,
The minimum floor area for each residential
unit shall be as follows:
Notwithstanding the provisions of Table 4.8
Chapter 4 of this Title, regulating minimum
dwelling unit size, the units provided shall be
no less than 415 square feet in floor area for
efficiency units, 540 square feet in floor area for
one bedroom, and 640 square feet in floor area
for two bedroom, or as otherwise approved by
the approving authority.
5) Open Space Requirements.
a) Private Open Space.
Notwithstanding the provisions of Section
4-3€4-s.44)4,30,4.q of this Title, each dwelling
unit shall be provided with a usable private
open space in the form of a patio or courtyard
with a minimum area of one-hundred (100)
square feet and a minimum dimension of ten
(10) feet, or a balcony of eighty (80) square feet
and a minimum dimension of eight (8) feet.
b) Common Open Space.
Notwithstanding the Provisions of Section
+S0+s(3) 4.30.4.c of this Title, two-hundred
twenty'five (225) square feet of usable
common open space per unit shall be provided
within the boundaries of all projects. Usable
open space shall constitute area(s) readily
available, practical and generally acceptable
for active and/or passive recreational uses. Up
to forty percent (40%) of the required common
open space may be provided in the form of a
common leisure/recreation room.
6) Parking Securi$
Parking facilities shall be designed to provide
security for residents, guests, employees, shall
be integrated into the architecture of the facility,
and shall comply with the provisions of Chapter
13 of this Title,
7) Transit Facilities
General Development Standards 10-18
CHrpren {0 CITY OF SHAFTER DEVELOPMENT CODE
6. Location
Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety.
Any and all recycling areas shall be located so they are at least as convenient to those persons who deposit, collect, and load the recyclable materials placed therein as the location(s) where the solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.
STORAGE
The following outdoor storage regulations shall apply in addition to any other standards and requirements of the various districts established by this Title:
No sales, rentals, teng-teffi-€teragg repair work, dismantling, or servicing of any motor vehicle, trailer, airplane, boat, loose rubbish, garbage, junk, or building materials shall be permitted in any front or street side yard of any property, except where such property is an automobile dealership or an automobile rental lot; in which case long term storage for purpose of sale or rental shall be permitted. Repair or servicing of any motor vehicle may occur provided that the work continues for a period not to exceed 72 hours. Longterm storage shall mean storage for a period of 72 or more consecutive hours. ln any residential district, no portion of any vacant or undeveloped parcel, or a parcel where no main building exists, shall be used for storage of the items listed above.
Outside storaqe 4reas assggiated with residenJial storage gf osrsona! recreational vehicles. boats. travel trailers. camp trailers. etc. within a residential drive\ila!, located wiihin a front vard setback is allowed provided that the vehicle(s) does not encroach onto the public riqht-of-way (1.e.. sidewalk or street) and is maintained and properly licensed.
4 & Building materials for use on the same parcel or building site may be stored on the parcel or building site during the iime that a valid building permit is in effect for construction on the premises.
10.360 STREET LIGHTING AND TREE PLANTING
1. Street Lighting
The provision of street lights shall be required for all tentative tract maps and other residential, commercial, or industrial developments.
Street lights shall be placed in accordance with improvement standards approved by City Council.
a.
b.
{0.350
1 2
3 a
General Development Standards 10,50
Cnapren l0 CITY OF SHAFTER DEVELOPMENT CODE
5, Procedure
Per Assemblv Bill 1164. the City shall not orohibit the installation of drouoht tolerant landscaoinq. svnthetic qrass. or artiflcial lurf on residential propertv. but mav-jgtpose reasonable testrictions on the tvpe of drouqht tolerant landscaoino orovided thg restrictions do not:
(1.t substantiallv increase the cost of installing. (2) effectively orohibit the installation, or (3) signilcqntlv impg-de the installatigt:
a Landscaping projects subject to the provisions of this Section shall be submitted to the Planning Department for review and approval.
Landscape projects submittals shall include a water conservation concept statement summarizing the water efficiency measures and shall be signed by a California registered landscape architect or contractor, a certified irrigation designer, or other licensed or certified professional in a related field,
b' All landscape and irrigation plans must fully address water conservation according to the City of Shafter Landscaping Guidelines, e Where feasible, the use of reclaimed water, including, but not limited to, dual distribution systems, is encouraged subject to all health standards and regulations.
4 All landscape projects shall be evaluated according to an objective point system. Points shall be awarded for each water saving component of the plan as provided in this Section. A minimum of 80 points must be attained in the landscape planting category and 12Opoints in the irrigation category, for a total of 200 points for landscape project approval and permit issuance,
Notwithstanding other provisions of this Title, for purposes of the approval of landscaping projects submitted pursuant to this Section, the following point values which correspond to speciflc landscaplng and irrigation techniques shall apply:
a.
b.
c.
d.
e
6 Landccaplng Planting : 120 Points Possible (40%) Maxlmum Points Water Conserving Plants Used:
25-100o/o of total plant material count*
25% or less of total count of water conserving plants used 25 pts
0 pts
Plant groups by water needs 10 pts
Spacing of plants based on mature growth 10 pts
Low water turf type 15 pts
Soil amendment (healthy soil, use less water) 10 pts
Deep root water sleeve for trees 10 pts
Turt 30-75o/o of total landscape atea"
(Turf 100% of total landscape area)
20 pts
0 pts
Hardscape of 20o/o total 5 pts
General Development Standards t0-56
CIry OF SHAFTER DEVELOPMENT CODE CHAPTER I1
c.
d.
exceed the maximum height established by the underlying zone district are subject to FAA aPProval.
Facilities may be designed as or within a piece of public art such as a clock tower or historical monument for public benefit.
The height of the support structures must be the minimum necessary to provide the required coverage. However, an antenna or its support structure shall not exceed the height in any zone as prescribed by the zoning code.
Safety lighting or colors, if prescribed by the City or other approving agency (i.e., FM), may be required for support structures, Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment building accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding develoPment.
Proposed Facilities shall not create any non-conforming situations to the site such as a reduction in parking, landscaping, loading zones, andlot elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the unife#m california Buifiing code, uhif€ffi californig Electrical code, Noise Standards and all other applicable code'
The Planning Commission may condition approval of Facilities on a five (5) year term or other review process.
Whip and microwave dish antennae are permitted only if integrated into the design of the structure and/or fully screened from public view.
All utilities associated with Facilities shall be placed underground' k. Chain link fencing is not permitted for containment of Facilities, unless such fencing is located in the rear portion of property not visible from a public right-of-way and is installed with tennis screen material on all facades of the fence.
l. Temporary monopoles, if associated with an approved Facilities application, may be permitted, if justified to the satisfaction of the Planning Director, for a period of up to three (3) months, provided that screening is installed to prevent view of the monopole and related facilities from any and all public rights-of-way.
m. Lattice towers shall not be permitted within the city boundaries, n. The operator or property owner is responsible for maintaining the Facilities in an appropriate manner consistent with the original approval of the Facilities. Should the use be replaced or discontinued for a period of six months, the approvals will lapse.
e.
f.
g
h.
11-21 Specific Use Development Standards
CHAPTER 1,| CITY OF SHAFTER DEVELOPMENT CODE
11,120 BED AND BREAKFAST USES
lntent
This Section is intended to control the establishment and operation of bed and breakfast uses to ensure that such uses do not adversely affect the surrounding neighborhood.
Applicability
All bed and breakfast uses, as defined herein, shall comply with the provisions of this section and the zone district in which the use is located.
General Regulations
a. Bed and breakfast uses may be permitted in all residential and commercial zone districts in which residential (permanent and transient) uses are either permitted or are permitted subject to an approved conditional use Permit.
b. This use shall be conducted as an accessory use only;the residential structure shall serve as the primary residence of the owner, lf a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where said use is proposed' (1) All bed and breakfast uses shall be subject to:
(a) A conditional use permit, as specified in Section 2'50 of this Title.
(b) A health permit, as specified in the Kern County Code' (c) A transient occupancy tax (bed tax).
(2) Application for a permit shall be made by the resident property owner or his/her legal agent having power of attorney to make such aPPlication'
Development Standards
a. Structural Features
(1) All dwelling units proposed for a bed and breakfast use shall comply with standards and specifications of the Uniferm california Building code, and shall also be subject to the Room Occupancy Standard outlined in the State Housing law (as amended).
(2\ Each guest room shall be equipped with a fire extinguisher and a smoke detector conforming t6 tlniferm california Building code standards. An exivegress and an emergency evacuation 1 2.
3 4.
Speclflc Use Development Standardg 11-28
CITY OF SHAFTER DEVELOPMENT CODE Guapren 11
11.170
3 All fireworks stands shall comply with the requirements of the Uniferm California Code and all other applicable codes, ordinances and regulations.
HOME OCCUPATIONS
1. Home occupations are intended to provide for commercial uses associated with a residence in those cases where that use will clearly not alter the character or the appearance of the residential environment. Home occupations, as defined in Chapter 1 of this Title, shall be permitted in any residential district, subject to the process required within the district and the following regulations of this Section.
2. Conditions
Prior to approving a request for a home occupation, the applicant shall complete and submit a home occupation application to the Planning Department, The Planning Director shall find that the proposed use meets the following conditions prior to approval of any such Home Occupation Permit, a. All employees shall be members of the resident family and shall reside on the premises.
There will be no direct sales of products or merchandise.
Pedestrian and vehicular traffic will be limited to that normally associated with residential districts,
The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.
Up to twenty-five (25) percent of the living space or two hundred fifty (250) square feet, whichever is greater, of the home may be used for storage of materials and supplies related to the home occupation.
There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.
The home occupation shall be confined within the main building' A garage shall be considered as part of the main building.
The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations, dust, electrical interference, fire hazard, glare or any other hazard or nuisance to any greater extent than normally found in a residential area.
The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.
b.
c.
d.
e
g
h.
f
t.
1t -35 Specific Use Development Standards
CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
n.
o.
p.
Site shall be maintained free of litter and any other undesirable materials, shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not Present;
space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials, lf the facility is open to the public, space shall be provided for a minimum of ten (10) customers except where the Planning Director determines that allowing oveflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety;
one (1) parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by the zone district in which the facility is located.
11.200
7. Site CleanuP Required
The operator of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials, Upon failure to remove said materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such cleanup work done by the CitY,
sEcoNp BWETHNG uNlTs AccFSggRy::DlvELUllq uNrs (ADUS)
RttO .ltlttlOn nCCeSSOnV OWeltlnO UrulfS t.lROUst
1. lntent
This Section is intended to ensure that seeend-dweliirg*nits accessorv dwellino units (ADUs) and junior acces-soty dwelling units (JADUS) located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels. One (1)detached ADU and onejl) attached JADU may be developed per sinole-family residential lot or uP to two (2) detached ADUg are allowed on a lot \{ith attached multi-familv dwellino units. if a sinole-family residential lot alreadv has an attached ADU' a JADU cannot be d.eveloPed on the lot.
2. ApplicabilitY
The provisions of this Section shall apply to all eeeon4dwelling-unitE ADUs anO JAOUs in addition to the provisions of the zone district in which it is located.
Speclfic Use Development Standards 1144
CITY OF SHAFTER DEVELOPMENT CODE Cnrpren 11
3. Development Standards for ADUs
The following standards shall apply to all seeenddurellingFunits ADUs. a,Thelotshallbezonedforsingle.family@j!yresidentialuse; The lot must contain a primary dwelling unit either existing or proposed to be constructed concurrent with the saeeng+rctlingun* ADU. !n a sinqle- family fesidential zone. the prooosed ADU can be either attached or detached from the oriJnarv residence:
b
c,
Mine.unit
#The maximum building height for @ an ADU
shall be+ne{-}+tery; not te exceed sixteen (16) feet }.le-eeeend ;
e#h
i
@ An ADU may be attached or detached to
the primary residence, but shall be architecturally compatible with the main dwelling and the surrounding neighborhood;
g-A"€€€onddt#e$ieg-unit An ADU shall have adequate water supply and sewer service. and not siqnificantffi;
igl€
;
i, The entr€nee to an ett
Fseeend urite shall be euQieette all develeprnent feee ineluding; bul not limited ter publie-faeilitiee impaet heo; park feee and aseeosment @
k'lnthe "R l" uon
ime
iE+is
l, eff street Berhing fer a s€eenCary uni$ shall be provided in Bsnfrorrnanee wifft ehaBte
f. No additional off-street oarkino is required for ADUs:
d
a
1145 Speciflc Use Development Standards
CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
g.
h.
ln a multi-familLresidential zone. up to two (2) detaehed ADUs are allowed on a lot with attached multi-familv dwelling units:
ln a multi-familv residential zone. multiple ADUs are allowed within portions of multi-family structures not used for,ljvino soace. The Citv allows at least one (1) of these tvoesgf ADUs or up to 250/o of the existing multi-family structures on a lot:
i. There is no minimunllot size or lolcovejage requirement for ADUs:
j. New detached ADUs cannot exceed 1.200 souare feet:
k. ADUs less than 750 square &pt do not oay-City-established impact fees. but ADUs over 750 souare feet must pay impact fees that are oroportionalin size (by square feet) to those for the orimary dwelllno unit:
Attached ADUs cannot exceed 50o/o of the tolal floor area of the nrimary residence:
Existing.-attache4 ADUs mav be expanded bevond the phLsical dimensions of the primarv structure and may be expanded uo to 150 square feet without aoolication of local development standards. but Sly to accommodate ingress and eoress (e.o.. creation of a stiaircage to reach a second story ADU):
ADUs are allowed in existino accessory structures (e.q.. detached oaraoe\:
$ide yard and rear vard setbaoks for ADUs are 4 feet unless the ADU is creeted within either the existino livino area. and existing accessorv structure. or a structure constructed in the same location and to the same dimensions ap an existino structure with existilg setb4ghs that are less than the minimum, and all other aoolicable setbacks default to those outlined in Table 4.8:
Newlv constructed. non-manufactured. detached ADUs must provlde solar oa.nels on either the ADU or primary residential structure per the Galifornia Enerov Commission:
ADUs that are constructed within an existino snace or as an addition to the existinq residence. includino detached AQU9 where an existing delached buildino is converted. are not subiect to solar panel reouirements oer the California Energy Commission:
There are no owner-occupancv reouirements for ADUs:
ADUs include manufactgred h.omeg:
Conneclign fees and/or caoacity charoes shall not be imoosed on ADUs unless constructed with a new single-family dwellino unit: and n.
o.
L
m
p.
q.
I
s
t.
Speclfic Use Development Standards 1148
CITY OF SHAFTER DEVELOPMENT CODE Gxnpren 11
11.2',,0
u. An ADU must meet buildino code and health and safetv reouirements,
4. Develooment Standards for JADUs
The followino standards shall aoply to all JADUS.
a. The lot shall be zoned for single-family residential use; b. The orooosed JADU shall be attached to the primarv residence:
c, A JADU must have a separate entrance. efficiencv kitchen. and may include separate sanitation facilities or use the residence's existino s.anitation system:
d. There is no minimum lot size,or lot coveraoe requirement for JADUS; e. New JADUs cannot exceed 500 square feet:
f. JADUs are not allowed in existin$ acsessory structures:
g. No additional off-street parkinq is required for JAD.US:
h. There is an owner occupancv reouirement for JADUs where the ownel must reside in either the remain ooftion of the_primary residence or within the newlv created JADU:
i. Construction of a JADU within the walls of a prooosed or existin9 single-familv residence does not reouire the inclusion of an existino bedroom or an interior entrv into-the sinole-family residence:
j. A JADU shall have adequate water supply and sewer service. and no! significantlv affect traffic flow: and
k. Connection fees and/or caoacitv charqes shall not be imoosed on JADUs unless constructed with a new sinole-familv dwelling unit: and
1. A JADU must meet building code and health and safety requirements.
SELF STORAGE WAREHOUSES
1. lntent
This Section is intended to ensure that self-storage warehouse operations, commOnly knOwn aS "mini-warehouses," do nOt result in an adverse impaCt On adjacent properties by reason of parking demand, traffic aeneration, fire, or safety hazard, or visual blight. The special conditions contained in this Section are intended to differentiate self-service storage warehousing uses from more intensive wholesale or general warehousing uses, especially in+egaf.*{e reqarding the differing parking requirements for these uses, 114? Specific Use Development Standards
Cnlpren 11 CITY OF SHAFTER DEVELOPMENT CODE
(2)
surrounded by masonry or concrete curbs and so arranged to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than three (3) feet above the average adjacent grade.
A minimum of one hundred and fifty (150) square foot
landscaped area shall be provided at the intersection of two (2) property lines at a street corner.
h. Access and Circulation
No more than one (1) driveway with a maximum width of thirty-five (35) feet shall be permitted on any one (1) street frontage and shall be located as follows:
(1) Driveways shall be located no closer than fifty (50) feet from a street intersection and fifteen (15) feet ftom a residential property line or alley and shall not interfere with the movement and safety of vehicular and pedestrian traffic. Locations of all driveways shall be subject to the approval of the Ci$ Engineer' (2) All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty (50) feet of a residentially zoned property, and shall be oriented, when practical, away from public rights-of-way.
i. Air and Water
Each service station shall provide air and water to customers at a convenient location during hours when gasoline is dispensed.
Restrooms
Each service station shall provide a men's and women's public restroom that is accessible to the general public, including physically disabled persons, during all hours the service station is open to the public, Restrooms shall be identified by placing entrances or signage in a location that is clearly visible from the gasoline service area or cashier station, and shall be maintained on a regular basis.
Telephones
At least one public telephone shall mav be provided at each service station in a location that is easily visible from public rights-of-way. k.
Speciflc Uce Development Standards 11-50
Crnpren 11 CITY OF SHAFTER DEVELOPMENT CODE
b. Enclosure
Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area without written approval from the Director of Public Works.
Awnings shall be adequately secured, and shall comply with the provisions of the latest edition of the Unifes+ Califgrnia Building Code adopted by the City.
c. Fixtures
The furnishings of the sidewalk cafe shall consist only of movable tables, chairs, and umbrellas. Lighting fixtures may be permanently affixed onto the exterlor front of the main building.
d. Refuse Storage Area
No structure or enclosure to accommodate storage of trash or garbage shall be erected or placed on or adjacent to the sidewalk cafe on either a public sldewalk or public right-of-way. Sidewalk cafes shall remain clear of litter at all times.
e. Hours of Operation
The hours of operation of the sidewalk cafe shall be limited to the hours of operation of the associated restaurant or eating and drinking establishment.
11.240 SURFACE PARKING LOTS
1. lntent
This Section is intended to ensure that commercial parking facilities and surface parking lots located adjacent to residential districts will not adversely affect nearby residents or diminish the integrity of a residential district.
2. Applicability
All commercial parking facilities, including primary commercial parking uses, and accessory parking lots for associated commercial, industrial, institutional, and pubtic uses shall comply with the provisions of this Section in addition to the applicable provisions of the zone district in which such a use is located.
3. Minimum DeveloPment Standards
a. Structures Permitted
A parking guard or attendant shelter may be permitted provided that the shelter does not exceed seventy-five (75) square feet, is not more than twelve (12) feet in height, is not located in any required setback area, and is located at least fifty (50) feet from any adjacent residential parcel.
Spcclflc Use Development Standards fi-54
CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
e.
5. RecreationalCourts
11.260 VEHICLE REPAIR FACILITIES
1. lntent
Swimming pools, spas, and hot tubE shall comply with "Special Use and Occupancy' requirements of the latest City adopted addition of the Uniferrn California Building Code,
a.
b.
The maximum height of fences enclosing recreational courts shall be ten (10) feet.
Recreational courts shall be set back a minimum of ten (10) feet from the side property line, ten (10) feet from the rear property line, and fifty (50) feet from the front property line,
A maximum of eight (8) lights may be permitted, $aid lights shall not exceed a height of twenty-two (22) feet.
Alllighting shall:
(1) Be designed, constructed, mounted, and maintained so that the light source is cut off when viewed from any point above five (5) feet, measured at the lot line; and
(2) Be used only between the hours of 7:00 a,m. and 10:00 p'm' The surface of a recreational court shall be designed, painted, colored, and/or treated to reduce reflection from any lighting thereon.
The above listed standards shall be considered minimum standards' The Planning Agency may impose more stringent standards if it is determined that such standards are required to achieve consistency with the intent and purpose of the General Plan and this Title. c.
d.
A
f.
2 This Section is intended to regulate the establishment and operation of vehicle repair facilities to reduce or eliminate potential noise, fumes, litter, and parking problems associated with motor vehicle repair shops, The provisions of this Section are further intended to ensure that vehicle repair facilities are compatible with adjacent and surrounding land uses.
Applicability
Each vehicular repair facility, including those which may be part of and incorporated within a vehicle dealership, shall comply with the provisions of this Section in addition to the development standards and permit procedures of the zone district in which it is to be located and with other applicable provisions of this Title.
Speciflc Use Dovelopment Standards t1€6
CITY OF SHAFTER DEVELOPMENT CODE Cxlpren 1{
3. Minimum DeveloPment Standards
a Paving
The portion of the site devoted to vehicle repair facilities shall be entirely paved, except for buildings and landscaping'
b. Structures
When practical, entrances to individual service bays shall not face public rights-of-way or abutting residential parcels.
c. Repair Activities
All repair activities, operations, and storage of materials shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.
d. Enclosure
Repair facilities, performing body and fender work, or similar noisegenerating activities, shall be conducted within a fully-enclosed structure. All painting shall occur within a fully enclosed booth that meets all requirements of the Uhif€$m Califomia Building Code and Section 12.30 (Air Quality) of this Title,
e. Litter
The premises shall be kept in a neat and orderly condition at alltimes and all improvements shall be maintained in a condition of reasonable repair and appearance. No new, used, or discarded automotive parts, equipment, or permanently disabled, junked or wrecked vehicles may be stored outside of a building.
Storage
Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or alleY,
g. Hazardous Materials
Any handling, treatment, storage, or use of hazardous materials shall be subject to the requirements of Section 10. 1 1 0 (Hazardous Materials Management) of this Title,
f
11-57 Specific Use Development Standards
Crnpren 11 CITY OF SHAFTER DEVELOPMENT CODE
k. Repair of Vehicles
The repair and service facility portion of any used automobile/light truck sales facility shall comply with the provisions of Section #*/6911,260 (Vehicle Repair Facilities) of this Chapter.
Queuing of Vehicles
On-site queuing area or lanes for service customers shall be provided which shall be large enough to accommodate a minimum of one and a half vehicles for each service bay in the facility' One-site driveways may be used for queuing, but may not interfere with access to required parking spaces, Regular parking spaces may not double as queuing spacBs.
m. Noise Control
n
o.
(1) Loudspeakers are permitted provided that noise levels are maintained below fifty-five (55) dBA at the property boundary. (21 All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to reduce noise levels below fifty-five (55) dBA at the property boundary,
Toxic Waste Storage and DisPosal
(1) Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be construcled and maintained under the same conditions and standards that apply to service stations.
(z',) Any handling, treatment, storage, or use of hazardous materials shall be subject to the requirements of Section
10.110 (Hazardous Materials Management) of this Title.
Air Quality
(1) Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmfulwhen dispersed in air' (3)
Mechanical ventilating equipment shall direct exhaust away from adjacent residential properties.
Exhaust systems shall be equipped with appropriate and
reasonably available control technology to minimize or
eliminate noxious pollutants which would othenrvise be omitted' (2)
Speclfic Use Development Standards I1.60
CITY OF SHAFTER DEVELOPMENT CODE Cxnpren 1{
11,280 PERMANENTCOMMERCIALCOACH/OFFICECOACH
1. lntent
2 This Section is intended to ensure that the permanent installation of commercial coaches/office coaches does not create adverse impacts on adjacent property and the surrounding area by creating visual blight' All permanently installed commercial coaches/office coaches shall comply with the provisions of this Section and the requirements of the lndustrial (l) District. a. Permanent installation of commercial coaches/office coaches shall be limited to locations within the lndustrial (l) District that are located a minimum of 1,500 feet from an existing arterial roadway or arterial roadway alignment as identified by the circulation Element of the city of Shafter General Plan. The 1,500-foot setback shall not apply to properties located east of Santa Fe Way south of Burbank Avenue' b. All necessary building permits must be obtained prior to installation of the commercial coach/office coach.
Permanently installed commercial coaches/office coaches shall be installed with appropriate engineered tie-down systems. Skirting shall be installed if the unit is installed above-grade.
d. All utilities (water, sewer or septic system, electricity) shall be provided to the permanently installed commercial coach/office coach' e. Commercial coaches/office coaches proposed for locations not meeting the requirements of Section 11'280.3.a' above, shall be reviewed and processed in accordance with the provisions of Section
2.90 (Temporary Occupancy Permit).
f. The Planning Director. on a case-by-case basis ancl when it-can be detemined with certainty that the commercial coach shall not create adverse impacts on adjacenurroperly and the sunoundinq area bv creatino visual blioht. can reduce the minimum of 1.500 feet from an existing arterial roadwav or arterial roadwav alignment as identified bv the Circulation Element of the Citv of Shafter General Plan and onlv for inclustrial locations west of Santa Fe Way and north of Burbank Avenue.
11.290 MEDICAL CANNABIS USES PROHIBITED
1. lntent
This section is intended to ensure that Medical Cannabis Uses, as defined under Section 1,190, Chapter 1, Title 17 (Zoning Ordinance) of the City of Shafter Municipal Code, are prohibited in all zoning districts throughout the City of Shafter.
2. Permits and Licenses Prohibited
t 1-81 Specific Use Development Standerds
,ft# City of Shafter
S}IAFTER COUNCIL AGENDA REPORT
Meeting Date: September 20,2022
FROM: Gabriel A. Gonzalez,City Manager
Prepared By: Rogelio Sanchez, Administrative Services Director SUBJECT: REQUEST AUTHORIZATION FOR CITY MANAGER TO EXECUTE A
DIRECT PAYMENT AGREEMENT WITH HORNE LLP
RE,COMMENDATION
Council authorize City Manager to execute a direct payment agreement with HORNE LLP for administering the Low Income Household Water Association Program.
Program Overview
The Low-Income Household Water Assistance Program was created in the Consolidated Appropriations Act of 202L Within the Department of Health and Human Services (HHS), the Division of Energy and Assistance (DEA) administers the newly created Low Income Household Water Assistance Program (LIHWAP), which is modeled after the Low-Income Home Energy Assistance Program (LIHEAP). This program is an emergency program, meaning it is not a permanently authorized pro gram.
Grantees are to provide funds to owners or operators of public water systems or treatment works to reduce affearages of and rates changed to households for services. Grantees include states, territories, and tribes that received fiscal yeat 202I LIHEAP awards.
The grantees will then be able to administer the funds by their own discretion, whether that be similar to their existing LIHEAP administrative mechanisms or a unique LIHWAP administrative division. Prior to receiving the full allocation, grantees must submit their model LIHWAP Model Plan. The Office of Community Services (OCS) will provide training and technical assistance for the new program.
Program Details and Timeline
Grantees have submitted their LIHWAP Model Plans, and HHS is currently reviewing the plans.
HHS has made available $166.6 million of the allocated LIHWAP funding, or 15 percent, immediately available to LIHWAP grantees to support the establishment of the program. When each grantee signs the terms and conditions and SF-424s, it will receive its respective 15 percent allocation. The terms and conditions for the LIHWAP funding have been written based mostly on LIHEAP assurances and must be signed by the designated LIHWAP official for the grantee before funds can be awarded.
MANAGEMENT REPORT
Request authorization for City Manager or Administrative Services Director to execute a Direct Payment Agreement with Horne LLP
Once the model plans are approved, full allocation funds will be administered, which is occurring throughout the month of June. The speed of which grants funds are administered at the local level will depend on the grantees.
California
California will receive in total $116,496,312 in funding for LIHWAPI. California has not yet officially set up a separate program to administer funds for water and wastewater bills. California has a successful LIHEAP program run by the California Department of Community Services and Development, which has a designated community action center for each city. Each city has at least one community action center to provide energy and utility assistance. There is an online database which provides individuals with their designated community action center based on their zip code.
Obtigation Period and Expenditure Deadline
In order to optimize the program's usefulness, the DEA is providing a long window for grant fund obligation: LIHWAP funding must be obligated by the grantees by September 30, 2023. The funding must be expended by grantees by December 31, 2023. LIHWAP grantees are able to obligate any portion of these funds in Fiscal Year (FY) 202l,FY 2022, or FY 2023.
Income Eligibility
Each LIHWAP grantee has the authority to define ooincome" for the pulpose of determining income eligibility for the program. The definition should be in accordance with how each grantee defines and treats income for other state funded assistance programs. Each grantee has the authority to determine whether to include or exclude other payments from the LIHWAP income eligibility calculation. However, LIHWAP grantees cannot consider the economic impact payments from the Internal Revenue Service (IRS) as income for eligibility.
LIHWAP Differences from LIHEAP
LIHEAP is a federal program that was created in 1981 and is administered by HHS. LIHEAP provides financial assistance in managing costs associated with home energy bills, energy crises, weatherization and energy-related minor home repairs. LIHEAP does not provide direct assistance to individuals. LIHEAP provides grants to states, tribes, and territories, which then distribute funds to subgrantees, such as community action centers. Each grantee has its own state-level program to administer the grants and provide guidelines for individuals requesting financial assistance. ln2020,LIHWAP was created in order to provide utility bill assistance for water and wastewater services. LIHWAP was modeled after LIHEAP. LIHWAP is also administered by HHS and aims to provide financial assistance to targeted, low-income households. Currently, LIHWAP is not a permanent program.
LIHEAP LIHWAP
t This is the sum of the $65,3 I I ,640 allocated under the Consolidated Appropriations Act,2021 (P.L. I 16-260) and the $51,184,672 allocatedunder the American Rescue Plan Act of 2021(Public Law 117-2). -2-
LO%for states and
territories
20% of first S20K
and then tO%for
tribes
o
a
Required for
states/territories
Not required for
tribes
a
a
90% in the first year and
tOo/oin the second year
Varies by grantees' rules
that apply to their own
funding
Highest energy burden
households
Encouraged but not
required
45 CR Part76 and some
of Part 75
Request authorization for City Manager or Administrative Services Director to execute a Direct Payment Agreement with Horne LLP
a L5%for all grantees
Admi nistrative costs cap
Public hearings on plan
. Not required of
grantees (only public
participation is
re uired)
Obligation deadline
No carryover cap-all
obligations are due by
September 30,2023
Expenditure deodline
All expenditures are due
by December 30, 2023
Targeting households
Highest
home/wastewater
burden households
Continuity of services Strongly prioritized
Regulotions 45 CFR 75 (in its entirety)
Background
On December 27,2020, in the Consolidated Appropriations Act of 2021, Congress appropriated $638 million in spending to create a new emergency water and wastewater program to assist lowincome households. The legislation specifies that three percent of the amount appropriated is to be reserved for Indian Tribes and tribal organizations.
The allocation formula is determined by:
. The percentage of households in the state, or under the jurisdiction of the Indian Tribe, with income equal to or less than 150 percent of the federal poverty line. . The percentage of households in the state, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing.
On March 11,202I, in the American Rescue Plan Act of 202T, Congress appropriated an additional $500 million for the LIHWAP program.
-3-
Request authorization for City Manager or Administrative Services Director to execute a Direct Payment Agreement with Horne LLP
Shafter Accounts
City of Shafter has over 600 Utility Billings (UB) delinquent accounts. Customers who qualiff will be encouraged to participate in the LIHEAP program.
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(b)(5) of the CEQA Guidelines.
F'ISCAL IMPACT
There is no operating cost other than attorney review. The intent is to recover Utility Billing delinquent accounts.
ATTACHMENTS
1. Agreement
-4-
CD HORNE
DIRECT PAYME NT AGREEMENT
THtS DTRECT PAYMENT AGREEMENT (Agreement) is made and entered into effective as of the date signed below (the "Effective Date"), by and between City of Shafter ("the Water System"), 336 pacific Ave., Shafter, CA 9g26g and HORNE LLP, a Delaware limited liability partnership, having a place of business at 66L Sunnybrook Road, Suite 100, Ridgeland, MS 39157 ('HORNE")' WHEREAS, the California Department of Community Services and Development ("CSD") is authorized to administer the Low-lncome Household Water Assistance Program ("LIHWAP" or "program") to provide financial assistance to help low-income Californians manage their residential water utility costs;
WHEREAS, CSD has contracted with HORNE to disburse direct payments to water systems to apply a LTHWAP credit to households identified as eligible for LIHWAP assistance by CSD or its Local Service Providers (LSPs);
WHEREAS, CSD has authorized HORNE to enter into this Agreement with Water System; and WHEREAS, the Water System desires to enroll in LIHWAP and participate in the direct payment service established by the Direct Payment Program.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Water System agrees to receive direct payments from HORNE for the benefit of California residents who qualify for LIHWAP and agrees to abide by allterms and conditions below:
Direct Payment Program GeneralTerms and Conditions
LL To participate in the Direct Payment Program, a Water System must be defined as a "Community Water System" or "Community Water System Billing Entity", "Wastewater Treatment Provider" or "Wastewater Billing Entity" (collectively referred to as a "Water System" in this Agreement)' L2 A "Community Water System" means a public water system with at least 15 service connections used by yearlong residents or regularly services at least 25 yearlong residents.
1.3 A "Community Water System Billing Entity" means a third-party entity that is the designated billing entity for a community water system.
L.4 A "Wastewater Treatment Provider" means a city, county, special district, or joint powers authority that provides wastewater collection, treatment, or disposal service through a publicly owned treatment works.
1.5 A "Wastewater Billing Entity" means a local government entity (city, county, or special district) that is the designated billing entity for a wastewater treatment provider. j..6 The Water System enrolled in the Direct Payment Program must be the responsible entity for applying the LIHWAP credit to customer accounts.
L.7 eualified low-income residential customers will be identified by CSD and its LSP partners. CSD will provide HORNE with a direct pay file that contains customer account information as well as the amount for the direct payment to the Water System for each customer. Commercial customers are not eligible for the program.
1.8 HORNE will provide the Water System a direct pay file that contains customer account information and the LIHWAP benefit amount for the purpose of crediting the accounts of qualified low-income residential customers of the Water System who have been identified as eligible for water assistance payments under LIHWAP by CSD or its LSPs.
L.g HORNE will establish a secure method to provide the direct pay file and customer information to the Water System and a secure method to receive the Direct Payment Summary from the Water System as described in 2.1L.
1.LO The Water System is encouraged to offer a payment plan or other forms of assistance to customers who have a remaining balance after the LIHWAP benefit is applied to support the
2.L
2.2 2.3
continuation of services or the restoration of services for accounts where services are terminated due to nonpayment.
Obligations of the Water System
Water System shall provide water and/or wastewater services to each eligible and approved residential household for which payment is provided under LIHWAP.
Water System shall charge LIHWAP residential households using the Water System's normal billing process, the difference between the actual amount due and the amount of the payment made by the LIHWAP payment.
Water System shall restore water services on a timely basis or remove disconnection status upon payment, if applicable, and shall confirm this action to HORNE by submission of the Direct Payment Summary report as specified in provision 2'1'1.
Water System shall charge all LIHWAP eligible residential households the same rates charged for home drinking water and/or wastewater services billed to other similarlv situated residential households that a re -elisible. as determined by the approved rate setting process' Water System shall not apply LIHWAP payments to account balances that have previously been written off or paid off with other customer assistance program funds. The Water System shall return issued LIHWAP payments to HORNE within 15 business days of receipt for accounts where the owed balance has been paid offwith other customer assistance program funds or discharged (written off) in its entirety by the Water System along with the Direct Payment Summary specified in2.IL.
Water System shall apply the LIHWAP benefit to closed accounts to cover the pending balance and shall return any remaining amount of the LIHWAP payment to HORNE within 15 days of receipt along with the Direct Payment Reconciliation Summary specified in2.tl.
Water Systems shall adhere to existing credit return policies when returning funds to a customer that received a LIHWAP benefit, and the account is later closed and there is a remaining LIHWAP credit balance on the account.
2.4 2.5
2.6 2.7
2.8 Water systems that include other services on the customer's bill shall only apply LIHWAP payments towards the water, wastewater, andfor storm water amount owed including any applicable late fees, reconnection fees, taxes, and other charges.
Z.g Water System shall not discriminate against a LIHWAP eligible household with respect to terms, deferred payment plans, credit, conditions of sale, or discounts offered to other customers.
Z.LO Water System shall post all payments to customer accounts within 5 business days from receipt of payment.
2.tL Water System shall submit to HORNE a Direct Payment Summary (in a format provided by HORNE) that reconciles the associated direct pay file and return payments that could not be credited to customer accounts within 15 business days of receipt of payment. The Direct Payment Summary must contain information on the date the credit was posted, direct pay file date; the total number of customer accounts that the Water System was successful in fully crediting; and the total number of customer accounts that the Water System was not successful in crediting.
For those customer accounts that were not credited, the Water System shall reflect in the Direct payment Summary the customer accounts that were not credited to include customer account information (customer name, account number, account address, benefit amount), and reason why the LIHWAP benefit was unable to be applied to the customer's account. The Water System shall use customer and account information contained in the direct pay file to complete the reporting and identification of customer accounts that were not credited. ?.I2 Water System shall clearly enter, on the LIHWAP recipient's bill, the amount of LIHWAP payment(s) received and identify the payment was received from LIHWAP. The credit should appear on the first billing statement after the credit has been posted. lf posting on the LIHWAP recipient's bill is not feasible, the Water System shall send customers a notification of the LIHWAP payment via phone call, letter, text, or email communication as soon as practicable.
Z.L3 Water System shall cooperate with any Federal or State investigation, audit, or program review related to the administration of LIHWAP to ensure funds are accurately applied to customer accounts in compliance with this Agreement, including allowing CSD and its designated representatives access to all books and records related to the receipt and posting of LIHWAP benefits under review.
2.I4 Water System is informed that failure to cooperate with any Federal or State investigation, audit, or program review may result in the immediate suspension or disqualification from participation in LIHWAP.
2.L5 Water System shall take corrective action in the time frame specified by the CSD if violations of this Agreement are discovered. Corrective action may include, but is not limited to, providing detailed documentation of changes made and detailed plans for future changes that will bring the Water System into comPliance.
2.16 Water System is informed that failure to implement corrective actions may result in the immediate suspension or disqualification from participation in LIHWAP.
2.17 Water System shall comply with all federal and California privacy laws, and shall take all necessary steps to protect the confidentiality of the information provided by HORNE to the Water System.
Water System agrees to provide required security to ensure the confidential, physical security and safekeeping of all data, information files, and documents ("customer information") pertaining to the recipients of LIHWAP utility assistance payments, while such customer information is in its possession. Water System will, in accordance with applicable law and the terms of this Agreement, protect from unauthorized use and disclosure all sensitive data, documentation, or other customer information provided to Water System by HORNE, CSD, or CSD's LSPs for purposes of this Agreement'
Term
3.1 The term of this Agreement shall be the effective date of this contract through October 3L,2023.
4.L
Project Coordinator
The Project Coordinator is designated to manage all HORNE inquiries regarding direct payments, issues with the direct payment process, mishandled or incorrect payments, clarification and updates of reports, and fraud and abuse. The Project Coordinator during the term of this Agreement is listed below. The Water System may designate a different Project Coordinator by notifying HORNE in writing.
Water System's Project Coordinator
Name and Title Roeelio ez. Administrative Se
Company Name Citv of Shafter
Director
Address: 336 Pacific VE
City, State, and ZIP Code: Shafter. 93263
Email: rsanch after.com
5.1 5.2
5.3 5.4
Phone: (66L1746-5U3
Additional Provisions
Amendment. All amendments to this Agreement shall be in writing, signed by HORNE and Water System.
Assignment. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement shall be assigned by any party without the prior written consent of the other parties.
Merger/Entire Agreement. This Agreement (including the attachments, documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
Nonwaiver. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in the performance of any obligations under this Agreement, shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation; nor shall any waiver of any incident of breach or default constitute a continuing waiver of the same. All waivers shall be in writing.
Severability. lf any provision of this Agreement is found invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement will not be in any way impaired and shall remain in full force and effect.
5.5 5.6 Venue. ln the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State Courts of the County of Sacramento, or where otherwise appropriate, exclusively in the United States District Court for the Eastern District of California in Sacramento, California.
lN WITNESS WHEREOF, the parties hereto have signed this Agreement, or caused it to be signed by their duly authorized representatives "below".
HORNE LLP
By:
Name: Loden Sne
Title: Deputv Proiect M r
Date:
Water System: Cityof Shafter
By:
Name:
Title:
Date:
4882-0103-6556, v. 1
GabrielA. Gonzalez
Citv Manager
091L912022