City of Shafter Title 16 Subdivisions 12/20/2016 Page 22 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 finance real property or to construct improvements thereon where such sale, lease, financing or the commencement of construction is expressly conditioned upon the approval and filing for recordation by the County Recorder of the final map or the parcel map.
3.140 MODIFICATIONS OF TITLE
A. Whenever in the opinion of the Decision Making Body the land involved in any subdivision is of such 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 impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this Title, the Decision Making Body may make such modification thereof, as in its opinion is reasonable, necessary, expedient, and in conformity 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 particular jurisdiction the regulation involved comes, and such officer or department shall transmit to the Decision Making Body its written recommendations on each 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 which has been divided, or which has resulted from a division, 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 Title 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 person may file a suit in the superior court to restrain or enjoin any attempted or proposed division of land or other act which is in violation of this Title.
3.170 URBAN LOT SPLIT
A. Application for an Urban Lot Split
1. Purpose
The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
2. Definition
An “urban lot split” means a subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
3. Application
City of Shafter Title 16 Subdivisions 12/20/2016 Page 23 a. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
b. An application for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
c. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
4. Approval
a. A parcel map waiver shall be the mechanism for urban lot splits. An application for a parcel map wavier for an urban lot split is approved or denied ministerially, by the Planning Director, without discretionary review. b. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
c. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
• The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
5. Requirements
An urban lot split must satisfy each of the following requirements:
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the City’s subdivision regulations, including this section, or any other legal requirement:
• The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
• The City has all the remedies available to it under the SMA, including but not limited to the following:
City of Shafter Title 16 Subdivisions 12/20/2016 Page 24 An action to enjoin any attempt to sell, lease, or
finance the property.
An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
Criminal prosecution, punishable by imprisonment in
county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
Record a notice of violation.
Withhold any or all future permits and approvals.
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-ofway or construction of offsite improvements is required for an urban lot split.
6. Zone
The lot to be split is the Estate (E), Residential Estate (R-E), or Low Density Residential (R-1) zone district. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
7. Lot Location
The lot to be split is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. b. A wetland.
c. A hazardous waste site that has not been cleared for residential use. d. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. e. Within a 100-year flood hazard area, unless the site has either:
• Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction or
• Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
f. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
g. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
h. Habitat for protected species.
City of Shafter Title 16 Subdivisions 12/20/2016 Page 25 i. Land under conservation easement.
j. The purpose of subpart (c)(2)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
8. Not Historic
The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.
9. No Prior Urban Lot Split
a. The lot to be split was not established through a prior urban lot split. b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
10. No Impact on Protected Housing
The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy 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 years prior to submission of the urban lot split application. d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
11. Lot Size
a. The lot to be split must be at least 2,400 square feet. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
12. Easements
a. 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 resulting lots.
City of Shafter Title 16 Subdivisions 12/20/2016 Page 26 b. Each easement must be shown on the tentative parcel map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (c)(2) above.
13. Lot Access
a. Each resulting lot must adjoin the public right of way. b. Each resulting lot must have frontage on the public right of way of at least
12.5 feet or, if accessed by the “pole” of a flag lot, then at least 20 feet.
14. Unit Standards
a. Quantity
No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Chapter 4 and 11 of this Code, an ADU, or a JADU.
b. Unit Size
The total floor area of each primary dwelling that is developed on a resulting lot:
• must be at least 500 square feet and
• may be a larger floor area based on the maximum lot coverage of the underlying zone.
c. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. d. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
15. Height Restrictions
a. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b. On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
City of Shafter Title 16 Subdivisions 12/20/2016 Page 27
16. Lot Coverage
The maximum lot coverage standard for lots created by an urban lot split shall be consistent with the coverage percentage allowed by the applicable zoning district.
In areas subject to an adopted Specific Plan, the lot coverage standards of the adopted Specific Plan shall apply. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
17. Setbacks
a. Generally
All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b. Exceptions
Notwithstanding subpart 14.b. above:
• The total floor area of each primary dwelling that is developed on a resulting lot must be:
Existing Structures
Compliance with current setback standards is not
required for an existing legally established structure or for a new structure that is constructed in the same
location and to the same dimensions as an existing
legally established structure.
New Structures
The setbacks imposed by the underlying zone must
yield to the degree necessary to avoid physically
precluding the construction of up to two units on the lot or either of the two units from being 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 property line.
18. Front Setback Area
Notwithstanding any other part of this code, or subject to an adopted Specific Plan, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:
a. Be kept free from all structures greater than six feet high. b. Allow for vehicular and fire-safety access to the front and rear structure.
19. Parking
Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either:
City of Shafter Title 16 Subdivisions 12/20/2016 Page 28 • A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
• A site that contains:
an existing rail or bus rapid transit station,
a ferry terminal served by either a bus or rail transit service, or
the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less
during the morning and afternoon peak commute
periods.
b. The site is located within one block of a car-share vehicle location.
20. Architecture
a. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch.
The dominant roof slope is the slope shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
21. Nonconforming Conditions
An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
22. Utilities
a. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
b. Each dwelling unit shall be connected to the public sewerage system in accordance with Shafer Municipal Code Section 8.40.050. c. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
23. Building and Safety
All structures built on the lot must comply with all current local building standards.
An urban lot split is a change of use.
24. Separate Conveyance
a. Within a resulting lot:
City of Shafter Title 16 Subdivisions 12/20/2016 Page 29 • Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
• Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
• All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. b. Between resulting lots:
Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
25. Regulations of Use
a. Residential-only
No non-residential use is permitted on any lot created by 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 than 30 days.
c. Owner Occupancy
The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
26. Notice of Construction
a. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
• Notice that construction has been authorized,
• The anticipated start and end dates for construction, • The hours of construction,
• Contact information for the project manager (for constructionrelated complaints), and • Contact information for the Building & Safety Department.
City of Shafter Title 16 Subdivisions 12/20/2016 Page 30 b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.
Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
27. Deed Restriction
The owner must record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lots created by the urban lot split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that the property is formed by an urban lot split and is therefore subject to the City’s urban lot split regulations, including all applicable limits on dwelling size and development.
28. Specific Adverse Impacts
a. Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). c. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
City of Shafter Title 16 Subdivisions 12/20/2016 Page 41 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 tentative 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(3)(b)(1) through 66452.6(b)(3) or Section 66452.6(c), respectively.
4.90 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 Implementing the California Environmental Quality 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 Initial Study. Based upon the conclusion drawn from the Initial 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 City as may be required for the preparation and processing of any such required environmental document.
4.100 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 potential damage to off-site property, as set forth in Appendix Chapter 33 of the Uniform Building Code Chapter 15.28 (Grading Code) of the Shafter Municipal Code as adopted by the City.
City of Shafter Title 16 Subdivisions 12/20/2016 Page 85
2. A determination of merger shall be recorded as provided for in Section 66451.12 of the Subdivision Map Act no later than ninety (90) days following the mailing of notice required by this Chapter.
C. Recording and Mailing Notification Not to Merge. If it is determined that the parcels shall not be merged, the City Engineer shall cause to be recorded with the County Recorder, in the manner 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.
15.40 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 Uniform California Building Code adopted by the City Council, and this Title. Any other merger, other than the example described above, shall be subject to the provisions of Chapter 3, Article 1.5 (Merger of Parcels), Sections 66451.10 through 66451.24 of the Subdivision Map Act, and Sections 15.010 through 15.030 of this Chapter.
B. Application for a lot merger for contiguous parcels under common ownership, as provided in Section 66499.20.3 of the Subdivision 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 approval of the application for a lot merger, the City Engineer shall, provided each condition has been satisfied 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 County Recorder. A record of survey shall also be recorded if required by Section 8762 of the Business and Professions Code.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 1
1-11 Administration
lot lines of those properties are considered to be abutting, adjoining, or adjacent.
Access Corridor
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.
Accessory Dwelling Unit
A dwelling unit with complete independent living facilities for one or more persons that can be detached (separate from the primary structure), attached (attached to the primary structure), or converted existing space (e.g., master bedroom, attached garage, or similar use) on the lot of the primary residence that is converted into an independent living unit for one or more persons. An ADU also includes the following: (1) an efficiency unit as defined in California Health and Safety Code Section 17958.1 and (2) a manufactured home as defined in California Health and Safety Code Section 18007.
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 Living Quarters - See Guest Quarters
Accessory Use
Any use customarily incidental to, 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.
CHAPTER 1 CITY OF SHAFTER DEVELOPMENT CODE
Administration 1-12
Active Recreational 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 natural open space, nature study areas, open space for buffer areas, riding and hiking trails, water courses or drainage areas.
ADU
See “Accessory Dwelling 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 “Specified 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 significant portion of the entertainment presented, features:
• Live performances which are distinguished or characterized by an emphasis on “Specified Sexual Activities” or “Specified Anatomical Areas;”
• Films, motion pictures, video cassettes, or slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of “Specified Sexual Activities” or “Specified Anatomical Areas” for the observation by patrons.
Adult Model Studio
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.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 1
1-21 Administration
Community Noise Equivalent Level (CNEL)
The average noise level during a 24 hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours. CNEL shall be computed as prescribed by Title 25 of the Administrative Code of the State of California.
Community Services District
A community services district which has the power to construct and maintain streets, landscaping, or other public improvements as appropriate with the context used.
Complete Independent Living Facility
Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.
Condominium
An estate in real property consisting of an undivided interest in real property, coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as more specifically defined by California Civil Code Section 1351(f).
Conservation Zone
An area of the City, whether commercial or residential, a majority of whose buildings are 50 years old or older, which the City wishes to maintain and revitalize so as to emphasize their importance to the past, present, and future of the City.
Construction (New)
Structures for which the “start of construction” commenced on or after the effective date of this code.
Construction (Start of, Substantial)
The placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as a principal use as defined by the District within which the property is located.
Contiguous Parcels
Adjacent parcels of land, which shall be considered contiguous even if separated by roads, streets, utility easements, or railroad rights-of-way.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 1
1-25 Administration
Efficiency Kitchen
A kitchen that includes (1) a cooking facility with appliances and (2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the ADU.
Emergency Shelter
A facility that provides immediate and short term housing and supplemental services to homeless persons or families. Supplemental services may include food, counseling, and access to other social programs (per Health and Safety Code 50801).
Entertainment (Live)
This term, when used in this Code in connection with the performing arts and other methods of live performances by entertainers shall apply to the following activities where they occur on a scheduled basis 3 or more days during a calendar year on the site of a use other than a public or semi-public use:
• A musical, theatrical or dance recital performed by one (1) or more persons, regardless of whether performers are compensated; • Any form of dancing by patrons or guests at a business establishment. • A fashion show, except when conducted within an enclosed building used primarily for manufacture or sale of clothing.
Environmental Constraint Note
Any note or notes required by the conditions of approval to be shown on an Environmental Constraint Sheet and reference made thereto on the final map.
This shall be required when constraints involving (but not limited to) any of the following are conditioned by the Planning Commission or City Council:
archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, fire protection, water availability, sewage disposal, and signalization mitigation.
Environmental Constraint Sheet
A duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed simultaneously with the final map, with the City Engineer and labeled Environmental Constraint Sheet in the top margin.
Applicable items will be shown under a heading labeled Environmental Constraint Notes. The Environmental Constraint Sheet shall contain the following, or a similar statement: “The Environmental Constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet.”
Environmental Impact Report (EIR)
A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. This term is synonymous with an environmental impact statement (EIS) as defined in federal law.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 1
1-29 Administration
Frontage Road
A minor street which is parallel to, and adjacent to an arterial street or freeway, and which provides access to abutting properties and protection from through and fast traffic.
Frontage (Street or Highway)
That portion of a lot or parcel of land which borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway or park way.
Fruit/Vegetable Stand
Temporary structure used for the sale of cultivated fruits and/or vegetables grown on-site.
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.
General Plan
The City General Plan, as adopted and subsequently amended.
Grade (Existing)
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 underground storage (“aquifers”).
Grove
A planting of fruit or nut trees, or other man-made planting of trees without underbrush.
Guest Quarters
Living quarters located on the same premises with the primary dwelling unit or attached to the main portion of the primary dwelling unit for the sole use of persons employed on the premises, members of the family living in the primary dwelling unit, or for temporary use by guests of the family living on the premises. Such quarters shall have no kitchen and shall not be rented or leased or otherwise used as a separate dwelling.
CHAPTER 1 CITY OF SHAFTER DEVELOPMENT CODE
Administration 1-32
by any other entity approved by the City, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.
Improvement Standards
The standards for improvements set forth in this and other regulations related to the development of land within the City of Shafter.
Infraction
A violation of any section of Title 17 of the Municipal Code.
Intensive Agricultural Use
Agricultural activities that typically are associated with one or more of the following impacts: strong offensive odors, substantial runoff, large concentrations of animal waste, noise, and/or extensive use of chemical, compost, and/or manure piles.
JADU
See “Junior Accessory Dwelling Unit.”
Junior Accessory Dwelling Unit
A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence or attached garage; must have a separate entrance, efficiency kitchen, and may include separate sanitation facilities or use the residence’s existing sanitation system; and is no greater 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.
Kennel (Non-Commercial)
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.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 4
4-1 Residential Districts
4.10 PURPOSE AND INTENT
The General Plan outlines goals, objectives, and policies regarding the character of residential land uses and development. It is the purpose of this Chapter to provide regulations that implement those goals, objectives and policies that will assure availability of a wide range of residential housing opportunities and dwelling unit types to meet the needs of present and future City residents of all socioeconomic groups.
It is also the intent of this Chapter to ensure adequate light, air, privacy, and open space for each dwelling, minimize traffic congestion, avoid overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the surrounding land area, protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.
4.20 RESIDENTIAL DEVELOPMENT DISTRICTS
1. Estate (E) District
The primary purpose of the Estate zone district is to provide for and protect a rural atmosphere and lifestyle. This zone district is intended as an area for development of low density, large lot, single family detached residential dwelling units at a maximum allowable density of three and one-half (3 1/2) dwelling units per gross acre. This Chapter further establishes development standards, as depicted on Table 4.B, for the Estate zone districts depicted on the City Zoning Map.
2. Residential Estate (R-E) District
The primary purpose of the Residential Estate zone district is to provide for detached single-family residential development that serves as a transition between the larger Estate zone district type development and the Low Density Residential zone district. This zone district provides for a maximum density of four (4) dwelling units per acre and provides for development standards, as depicted on Table 4.B, for this zone district depicted on the City Zoning Map.
3. Low Density Residential (R-1) District
The primary purpose of the R-1 zone district is to provide for and protect the atmosphere and lifestyle associated with detached, single family residential neighborhoods. This zone district is intended as an area for residential small lot developments at a maximum allowable density of five (5) dwelling units per acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-1 zone districts depicted on the City Zoning Map.
Second dwelling units ADUs and JADUs, in addition to existing primary structures, are permitted within the R-1 zone district pursuant to the provisions of Section 11.190 11.200 of this Title, provided that the maximum allowable density of five (5) dwelling units per gross acre is not exceeded.
CHAPTER 4 CITY OF SHAFTER DEVELOPMENT CODE
Residential Districts 4-4
USE E R-E R-1 R-2 R-3
C. PUBLIC/QUASI-PUBLIC USES
1. Day Care Facilities P P P P P
2. Post Office Branch C C C
3. Churches C C C C C
4. Clubs, Lodges, Fraternities/Sororities C C C C C
5. Educational Institutions (public and private) C C C C C
6. Fire and Police Stations C C C C C
7. Public Libraries and Museums 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 similar installations not including Public Utility Offices, unless project otherwise entails a public hearing; then Permitted.
C C C C C
10. Recreational Facilities (e.g. 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. HOME OCCUPATIONS
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 structures located on the same site as a use permitted subject 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. Guest Quarters/Second Unit Accessory Dwelling Unit/Junior Accessory Dwelling Unit (ADU/JADU) (per State Law)
C P C P C P P P
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
8. Feed and Tack Stores accessory to Commercial Stables C
9. Dormitories accessory to Educational Institutions C C C C C
10. Medical Cannabis Uses, as defined under Section 1.190 and subject to the provision of Section 11.290, are prohibited in the residential districts.
11. Marijuana Uses, as defined under Section 1.190 and subject to the provisions of Section 11.30 are regulated in the residential districts.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 4
4-5 Residential Districts
USE E R-E R-1 R-2 R-3
G. Other uses similar to, and no more objectionable than the uses identified above, subject to the provisions of Section 1.90 of this Title.
Table 4.B Residential Site Development Standards
E
(Large Lot) E R-E R-1 R-2 R-3
1. Maximum density (dwelling units per acre) 1.0 3.5 4.0 5.0 14.0 24.0
2. Minimum lot area (Net
area in sq ft)
a. interior 40,000
(1 Acre Avg) 10,800 7,500 6.480 9,000 12,000
b. corner 40,000
(1 Acre Avg) 11,500 8,385 6,835 9,385 12,500
3. Minimum lot width a. interior lot 135'
(150' avg) 90' 70' 60' 75' 90'
b. corner lot 150' 100' 75' 65' 80' 100'
4. Minimum lot depth
a. If lot is less than 20,000 sq ft
200'
---
120'
100' 100' 100' ---
100'
---
100'
---
5. Minimum front yard set-back
a. Lot adjacent to a straight street
b. Lot less than 20,000 sq ft adjacent to straight st.
c. Cul-de-sac lot or knuckle lot
40'
---
40'
25'
25'
20'
25'
---
20'
25'
---
20'
20'
---
20'
20'
---
20'
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'
10'
10'
SEE NOTE
***
10'
5'
5'
10'
---
5'
10'
---
5'
10'
---
5'
10'
---
7. Minimum street side yard setback:
a. corner lot
b. reverse corner lot
20'
30'
10'
15'
15'
15'
10'
15'
10'
15'
10'
15'
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
N/A
40'
---
15'
25'
15'
5'
20'
---
5'
15'
---
5'
15'
---
5'
15'
---
9. Maximum lot coverage 25% 30% 35% 40% 50% 60%
10. Maximum height for buildings and structures 35' 35' 35' 35' 35' 35'
11. Minimum distance between buildings
a. for lots 20,000 sq ft or larger
b. for lots less than 20,000 so ft
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'
11. 12. Minimum dwelling unit size (square feet) 1,850 1,450 1,300 1,150 850 850 Notes:
* E (Large Lot) refers only to a subdivision subject to the provisions of Sect. 9.070 of the City’s Subdivision Ordinance. Minimum lot width in E, R-E, R-1, and R-2 zone districts along the arc of the front property line shall be 35' for cul-de-sac lots and 40' for knuckle lots. Minimum lot width in an E (large lot) zone district along the arc of the front property line shall be 55' for cul-de-sac lots and 60' 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 wall, approved by the Building Official, reduces the minimum distance between buildings as follows: (a) within a Planned Development, 0'; (b) within all other zone districts, 5'. * Minimum apartment size is (a) studio, 450 sq. ft.; (b) 1-bedroom, 650 sq. ft.; and (c) 2-bedroom, 850 sq. ft. * In an R-1 subdivision with 13 or more lots, the following shall apply: (a) the average minimum house size shall be 1,325 sq. ft.; (b) 20% of the lots in any block may be reduced in width to 55 ft.; and (c) the average lot size for all interior lots shall be 6,500 sq. ft. * In an R-E subdivision with 13 or more lots, the average minimum house size shall be 1,500 sq. ft. *** The minimum side yard setback shall be at least 5 feet, and the combination of both interior side yard setbacks added together shall not be less than 15 feet.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 4
4-7 Residential Districts
3. Additional Standards for Condominium, Townhouse, and Apartment Developments
a. All condominium and condominium conversion projects 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 Uniform California Building Code, Uniform California Mechanical Code, Uniform/International California Plumbing Code, National California Electrical Code, Uniform California Fire Code, and all other applicable codes, ordinances and regulations in effect.
e. Within for sale projects, including condominium conversions, separate utility services shall be provided to each dwelling unit. f. 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. g. 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.
h. Where a multiple family dwelling, including incidental or required accessory uses, abuts property 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.
i. 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. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.
(1) In 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
CHAPTER 10 CITY OF SHAFTER DEVELOPMENT CODE
General Development Standards 10-2
c. Ground Mounted Mechanical Equipment
Ground mounted equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment; if fully enclosed, may be permitted in any rear or interior side yard setback. If 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.
Industrial property is exempt from this provision.
e. Detached Accessory Structures
(1) A detached accessory structure may be located within five (5) feet of an interior side yard or rear yard, provided that when such a structure is located closer than five (5) feet to an interior side or rear lot line, one-hour fire walls shall be installed on the side or sides located within the setback area. In no case, however, shall an accessory structure be less than 120 square 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 fire-resistant construction. (2) Accessory buildings shall have a maximum height of eight (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 bay windows may project a maximum of thirty (30) inches into any required front, rear, or side setback area.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 10
10-3 General Development Standards
2. Accessory Structures: Nonresidential Districts
a. Accessory structures shall not be located within the “building frontage,” as defined in Section 1.180 1.190 of this Title.
b. Accessory structures shall meet all of the setback requirements for the associated main buildings;
c. Eaves, roof projections, awnings, and similar adjacent architectural features may project into the City right-of-way subject to receiving an approved encroachment permit from the City Engineer.
d. 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.
e. 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 use 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. f. 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.
g. Roof-mounted equipment shall be used only for the building upon which it is mounted.
h. 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.
(2) 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.
(3) Mechanical plants and distribution networks shall be located in a manner that is compatible with the affected building.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 10
10-9 General Development Standards
the estimated prices of the converted units and/or 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.
(3) 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.
(4) 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.
(5) The applicant shall comply with the latest City adopted Uniform California Building Code, Uniform California Mechanical Code, Uniform/International California Plumbing Code, National California Electrical Code, Uniform California Fire Code, and all other applicable codes, ordinances and regulations. The applicant shall further complete such alterations or repairs required by the Building Official prior to the sale of any such units.
(6) Written notice shall be given to all residential tenants not less than one (1) year from the date of tentative approval.
c. 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.
CHAPTER 10 CITY OF SHAFTER DEVELOPMENT CODE
General Development Standards 10-18
4) Minimum Unit Size.
The minimum floor area for each residential
unit shall be as follows:
Notwithstanding the provisions of Table 4.B
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
4.30.4.c.(4) 4.30.4.d 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
4.30.4.c.(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 Security
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.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 10
10-55 General Development Standards
2. Applicability
All developer installed landscaping projects shall be subject to the provisions of this Section including landscaping projects installed on areas with a slope higher than four (4) feet as well as landscaping projects associated with the following land uses: commercial, industrial, multiple family and condominium developments, private parks, greenbelts, open space and all public landscaping.
3. Model Home Requirement
At least one model home in a subdivision of eight or more single family lots shall demonstrate through its landscape design, signs and written information the principles of water efficient landscaping. Written information shall be provided to homebuyers on the design, materials, installation and maintenance of the water efficient landscape.
4. Exceptions
The following shall be exempt from the provisions of this Section:
a. Development projects with new landscaping area less than 2,500 square feet installed within any 12 month period.
b. Residential landscaping and irrigation installed by individual property owners or their agents.
c. Landscaping renovations and irrigation retrofits.
d. Minor additions to and replacement or repair of existing irrigation system.
e. Cemetery landscaping.
f. Sites listed on the National Register of Historic Places. g. Tenant improvements.
5. Procedure
a. Per Assembly Bill 1164, the City shall not prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, but may impose reasonable restrictions on the type of drought tolerant landscaping provided the restrictions do not:
(1) substantially increase the cost of installing, (2) effectively prohibit the installation, or (3) significantly impede the installation; b. 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
CHAPTER 10 CITY OF SHAFTER DEVELOPMENT CODE
General Development Standards 10-56
contractor, a certified irrigation designer, or other licensed or certified professional in a related field.
c. b. All landscape and irrigation plans must fully address water conservation according to the City of Shafter Landscaping Guidelines. d. c. Where feasible, the use of reclaimed water, including, but not limited to, dual distribution systems, is encouraged subject to all health standards and regulations.
e. d. 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 120 points in the irrigation category, for a total of 200 points for landscape project approval and permit issuance.
6. 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 specific landscaping and irrigation techniques shall apply:
Landscaping Planting: 120 Points Possible (40%) Maximum Points Water Conserving Plants Used:
25–100% 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
Turf 30–75% of total landscape area**
(Turf 100% of total landscape area)
20 pts
0 pts
Hardscape of 20% total 5 pts
Mulch 25–100% of total shrub area*
Mulch 25% or less of total shrub area
15 pts
0 pts
Landscape planting minimum requirements 80 pts
* Points allocated on a percentage basis
** Points allocated on a reverse percentage basis
Irrigation System: 180 Points Possible (60%) Maximum Points Low gallonage spray 40 pts
Drip/micro spray/bubbler 35 pts
Automatic controller 10 pts
Scheduling based on C.I.M.I.S.
(California Irrigation Management Information System)
15 pts
Soil moisture sensors 15 pts
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 11
11-i Specific Use Development Standards
CHAPTER 11
SPECIFIC USE DEVELOPMENT STANDARDS
11.10 PURPOSE AND INTENT.........................................................................................11-1
11.20 APPLICABILITY.......................................................................................................11-1
11.30 ADULT ENTERTAINMENT......................................................................................11-1
11.40 KEEPING OF ANIMALS ..........................................................................................11-6
11.50 ALCOHOLIC BEVERAGE OUTLET REGULATIONS...........................................11-10
11.60 KENNELS (COMMERCIAL AND NONCOMMERCIAL)........................................11-14
11.70 EXOTIC ANIMALS.................................................................................................11-15
11.80 ANTENNAS AND SATELLITE DISHES ................................................................11-16
11.85 ANTENNAS AND WIRELESS TELECOMMUNICATION FACILITIES.................11-18
11.90 ARCADES AND VIDEO MACHINES.....................................................................11-22
11.100 AUTOMOBILE DEALERSHIPS.............................................................................11-23
11.110 AUTOMOBILE RENTAL AGENCIES ....................................................................11-25
11.120 BED AND BREAKFAST USES..............................................................................11-26
11.130 DAY CARE FACILITIES ........................................................................................11-28
11.140 DEPENDENT HOUSING.......................................................................................11-31
11.150 DRIVE-IN, DRIVE-THROUGH, FAST FOOD, AND TAKE-OUT RESTAURANTS ....................................................................................................11-33
11.160 FIREWORKS STAND ............................................................................................11-34
11.170 HOME OCCUPATIONS.........................................................................................11-35
11.180 OUTDOOR RECREATIONAL FACILITIES (PUBLIC) ..........................................11-36
11.190 RECYCLING FACILITIES......................................................................................11-37
11.200 SECOND DWELLING UNITS ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) ...........................................11-44
11.210 SELF STORAGE WAREHOUSES ........................................................................11-55
11.220 SERVICE STATIONS ............................................................................................11-56
11.230 SIDEWALK CAFES................................................................................................11-61
11.240 SURFACE PARKING LOTS ..................................................................................11-62
11.250 SWIMMING POOLS AND RECREATION COURTS (PRIVATE) .........................11-63
11.260 VEHICLE REPAIR FACILITIES.............................................................................11-64
11.270 USED AUTOMOBILE AND LIGHT TRUCK SALES LOTS ...................................11-66
11.280 PERMANENT COMMERCIAL COACH/OFFICE COACH ....................................11-69
11.290 MEDICAL CANNABIS USES PROHIBITED .........................................................11-60
11.300 REGULATION OF PERSONAL, MEDICAL, AND COMMERCIAL USES OF MARIJUANA ..........................................................................................................11-70
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 11
11-21 Specific Use Development Standards
exceed the maximum height established by the underlying zone district are subject to FAA approval.
c. Facilities may be designed as or within a piece of public art such as a clock tower or historical monument for public benefit.
d. 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.
e. Safety lighting or colors, if prescribed by the City or other approving agency (i.e., FAA), may be required for support structures. f. 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.
g. Proposed Facilities shall not create any non-conforming situations to the site such as a reduction in parking, landscaping, loading zones, and/or elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the Uniform California Building Code, Uniform California Electrical Code, Noise Standards and all other applicable code.
h. The Planning Commission may condition approval of Facilities on a five (5) year term or other review process.
i. Whip and microwave dish antennae are permitted only if integrated into the design of the structure and/or fully screened from public view. j. 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.
CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-26
BED AND BREAKFAST USES
1. Intent
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.
2. 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.
3. 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. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where said use is proposed.
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).
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.
4. Development Standards
a. Structural Features
All dwelling units proposed for a bed and breakfast use shall comply with standards and specifications of the Uniform California Building Code, and shall also be subject to the Room Occupancy Standard outlined in the State Housing law (as amended).
Each guest room shall be equipped with a fire extinguisher and a smoke detector conforming to Uniform California Building Code Standards. An exit/egress and an emergency evacuation
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3. All fireworks stands shall comply with the requirements of the Uniform 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.
b. There will be no direct sales of products or merchandise. c. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.
d. 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. e. 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. f. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.
g. The home occupation shall be confined within the main building. A garage shall be considered as part of the main building. h. 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.
i. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.
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n. 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;
o. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If 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 overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety;
p. 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.
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.
SECOND DWELLING UNITS ACCESSORY DWELLING UNITS (ADUs)
AND JUNIOR ACCESSORY DWELLING UNITS (JADUs)
1. Intent
This Section is intended to ensure that second dwelling units accessory dwelling units (ADUs) and junior accessory 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. The intent of this Section is to also be in compliance with Government Code Sections 65852.2 and 65852.22.
2. Applicability
The provisions of this Section shall apply to all second dwelling units ADUs and JADUs in addition to the provisions of the zone district in which it is located.
An ADU or JADU that conforms to the standards in this section will not be (1) deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located; (2) deemed to exceed the allowable density for the lot on which the ADU or JADU is located; (3) considered in the application of any local ordinance, policy, or program to limit residential growth; and (4) required to correct a nonconforming zoning
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condition, defined as a physical improvement on a property that does not conform with current zoning standards, but this does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
3. Development Standards Approvals
The following standards shall apply to all second dwelling units approvals apply to ADUs and JADUs.
a. The lot shall be zoned for single-family residential use; b. The lot must contain a primary dwelling unit either existing or proposed to be constructed concurrent with the second dwelling unit. c. The minimum lot size for a parcel to construct a second dwelling unit shall be ten thousand (10,000) square feet
d. The maximum building height for a second dwelling unit shall be one (1) story, not to exceed sixteen (16) feet. No second dwelling unit shall be higher than the main dwelling on the same parcel;
e. The second dwelling unit shall be subject to the minimum required front, side, rear yard setbacks and maximum lot coverage of the zone district in which the property is located;
f. The second dwelling unit may be attached or detached to the primary residence, but shall be architecturally compatible with the main dwelling and the surrounding neighborhood;
g. A second dwelling unit shall have adequate water supply and sewer service;
h. Only an owner-occupant of the primary dwelling unit shall be eligible to file an application for a second unit;
i. The entrance to an attached second unit shall be separate from the entrance to the primary unit; and
j. Second units shall be subject to all development fees including, but not limited to, public facilities impact fees, park fees and assessment districts, where so permitted.
k. In the “R-1” zone district and in the “E” zone district, where a parcel of land is less than two and one-half (2 1/2) acres in size, the total floor area of the secondary residential unit shall not exceed fifty (50) percent of the total floor area of the principal residential unit; however, in no case may the total area of the secondary residential unit exceed nine hundred (900) square feet. In the “E” zone district, where the lot size is two and one-half (2 1/2) acres or greater, the secondary residential unit shall have no maximum allowable floor area.
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l. Off street parking for a secondary unit shall be provided in conformance with Chapter 13 (Parking Regulations) of this Title. a. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 4 below, it is allowed with only a building permit in the following scenarios:
Converted on Single-family Lot: One ADU as described in this subsection 3a(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing singlefamily dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(b) Has exterior access that is independent of that for the single-family dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(d) The JADU complies with the requirements of
Government Code Section 65852.22.
Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing singlefamily dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 3a(1)(a) above), if the detached ADU satisfies each of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. (b) The total floor area is 800 square feet or smaller. (c) The peak height above grade does not exceed the
applicable height limit in subsection 4b below.
Converted on Multifamily Lot: One or more ADUs within
portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 3a(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
Limited Detached on Multifamily Lot: No more than two
detached ADUs on a lot that has an existing or proposed
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multifamily dwelling if each detached ADU satisfies both of the following limitations.
(a) The side- and rear-yard setbacks are at least four feet.
If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not
require any modification to the multifamily dwelling as a condition of approving the ADU.
(b) The peak height above grade does not exceed the
applicable height limit provided in subsection 4b below. b. ADU Permit
Except as allowed under subsection 3a above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 4 and 5 below.
The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit
processing fee is determined by the director of community development and approved by the city council by resolution. c. Process and Timing
An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(a) The applicant requests a delay, in which case the 60- day time period is tolled for the period of the requested delay, or
(b) When an application to create an ADU or JADU is
submitted with a permit application to create a new
single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU
or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include,
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among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding
comments must be provided to the applicant within the 60-day time period established by subsection 3c(2) above.
A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
4. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections 3a or 3b above:
a. Zoning
An ADU or JADU subject only to a building permit under
subsection 3a above may be created on a lot in a residential or mixed-use zone.
An ADU or JADU subject to an ADU permit under subsection 3b above may be created on a lot that is zoned to allow singlefamily dwelling residential use or multifamily dwelling residential use.
b. Height
Except as otherwise provided by subsections 4b(2) and 4b(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 4b(4) may not exceed two stories.
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For purposes of this subsection 4b, height is measured above existing legal grade to the peak of the structure.
c. Fire Sprinklers
Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. d. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
e. No Separate Conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). f. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. g. Owner Occupancy
An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy
requirement.
Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection 4g(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
h. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Director. The deed restriction must run with the land and bind
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all future owners. The form of the deed restriction will be provided by the city and must provide that:
Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
The deed restriction runs with the land and may be enforced against future property owners.
The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the
remaining structure and improvements must otherwise comply with applicable provisions of this Code.
The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
i. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to
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submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
j. Building and Safety
Must comply with building code. Subject to subsection 4j(2) below, all ADUs and JADUs must comply with all local building code requirements.
No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local
building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 4j(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for
residential use in accordance with this section.
5. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection 3b above.
a. Maximum Size
The maximum size of a detached or attached ADU subject to this subsection 5 is 850 square feet for a studio or onebedroom unit and 1,000 square feet for a unit with two or more bedrooms.
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 5a(2) above or of a front setback, lot coverage limit, or openspace requirement may require the ADU to be less than 800 square feet.
b. Setbacks
An ADU that is subject to this subsection 5 must conform to a 25-foot front-yard setback, subject to subsection 5a(3) above.
An ADU that is subject to this subsection 5 must conform to 4- foot side- and rear-yard setbacks.
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No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
c. Lot Coverage. No ADU subject to this subsection 5 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 5a(3) above.
d. Minimum Open Space. No ADU subject to this subsection 5 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection 5a(3) above.
e. Passageway. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU, is required for an ADU.
f. Parking
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, defined as two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.
Exceptions. No parking under subsection 5f(1) is required in the following situations:
(a) The ADU is located within one-half mile walking
distance of public transit, defined as a location
including, but not linted to, a bus stop or train station, where the public may access buses, trains, and other
forms of transportation that charge set fares, run on
fixed routes, and are available to the public.
(b) The ADU is located within an architecturally and
historically significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection
3a(1) above.
(d) When on-street parking permits are required but not offered to the occupant of the ADU.
(e) When there is an established car share vehicle stop located within one block of the ADU.
(f) When the permit application to create an ADU is
submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other
criteria listed in subsections 5f(2)(a) through (f) above.
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No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
g. Architectural Requirements
The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and
architectural design of those of the primary dwelling.
The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing,
landscaping, or privacy glass may be used to provide
screening and prevent a direct line of sight.
All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least 6 feet in height may be installed.
All landscaping must be drought-tolerant.
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6. Fees. The following requirements apply to all ADUs that are approved under subsections 3a or 3b above.
i. Impact Fees
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 6i, “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act
(Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
j. Utility Fees
If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
Except as described in subsection 6j(1), converted ADUs on a single-family lot that are created under subsection 3a(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
Except as described in subsection 6j(1), all ADUs that are not covered by subsection 6j(2) require a new, separate utility connection directly between the ADU and the utility.
(a) The connection is subject to a connection fee or
capacity charge that is proportionate to the burden
created by the ADU based on either the floor area or
the number of drainage-fixture units (DFU) values, as
defined by the Uniform Plumbing Code, upon the water
or sewer system.
(b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing
this service.
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7. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
b. Unpermitted ADUs constructed before 2018.
Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(a) The ADU violates applicable building standards, or
(b) The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU
ordinance (section 11.200).The portion of the fee or
charge that is charged by the city may not exceed the
reasonable cost of providing this service.
Exceptions
(a) Notwithstanding subsection 7b(1) above, the city may deny a permit to legalize an existing but unpermitted
ADU that was constructed before January 1, 2018, if
the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(b) Subsection 7b(1) above does not apply to a building that is deemed to be substandard in accordance with
California Health and Safety Code section 17920.3.
8. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections 1 through 7 of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
SELF STORAGE WAREHOUSES
1. Intent
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 generation, 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
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intensive wholesale or general warehousing uses, especially in regard to regarding the differing parking requirements for these uses.
2. Applicability
The provisions of this Section shall apply to all new self-storage warehouse uses, and to all existing facilities at such a time the storage area of an existing business is substantially expanded or modified, as defined in this Title.
3. Development Standards
a. Access and Parking
Driveways adjacent to parking lanes shall be twelve (12) feet in width for one-way traffic and twenty-four (24) feet in width for two-way traffic.
Access and circulation shall be designed to eliminate the need to back out of any drive or access.
One parking space shall be provided for each two hundred (200) square feet of floor area within the office and/or caretakers quarters provided, however, a minimum of four (4) parking spaces shall be provided.
The parking standards specified in this Section for this use shall be applicable to this use only.
b. Outside Storage
No storage of materials outside an enclosed building may be permitted unless expressly designed for such purpose and approved as a part of the conditional use permit for the site.
SERVICE STATIONS
1. Intent
This Section is intended to ensure that service stations do not result in adverse impacts on adjacent land uses, especially residential uses. The traffic, glare, and uses associated with service stations, particularly those which are open twenty-four (24) hours a day, may be incompatible with adjacent land uses. To protect the health, safety, and general welfare of the City and its residents, these special regulations shall be imposed on the development and operations of service stations.
2. Applicability
A service station shall comply with the provisions of this Section in addition to the property development standards and the permit procedures for the zone district in which it is to be located. The provisions of this Section and this Title, as applicable, shall apply to all new service stations and to all existing service
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A minimum of fifteen (15) percent of the site shall be
landscaped, which may include a planting strip at least five (5) feet wide along all interior parcel lines, non-driveway street frontages, and areas adjacent to buildings. Planters shall be 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:
Driveways shall be located no closer than fifty (50) feet from a street intersection and fifteen (15) feet from 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 City Engineer.
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. j. 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. k. Telephones
At least one public telephone shall may be provided at each service station in a location that is easily visible from public rights-of-way.
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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 Uniform California 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 exterior 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 sidewalk 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.
SURFACE PARKING LOTS
1. Intent
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 public 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.
CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-64
e. Swimming pools, spas, and hot tubs shall comply with “Special Use and Occupancy” requirements of the latest City adopted addition of the Uniform California Building Code.
5. Recreational Courts
a. The maximum height of fences enclosing recreational courts shall be ten (10) feet.
b. 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.
c. A maximum of eight (8) lights may be permitted. Said lights shall not exceed a height of twenty-two (22) feet.
d. All lighting shall:
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
Be used only between the hours of 7:00 a.m. and 10:00 p.m. e. The surface of a recreational court shall be designed, painted, colored, and/or treated to reduce reflection from any lighting thereon. f. 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.
VEHICLE REPAIR FACILITIES
1. Intent
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.
2. 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.
CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 11
11-65 Specific Use Development Standards
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 Uniform California 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 all times 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.
f. 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 10.110 (Hazardous Materials Management) of this Title.
CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-68
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 11.250 11.260 (Vehicle Repair Facilities) of this Chapter.
l. 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 spaces.
m. Noise Control
Loudspeakers are permitted provided that noise levels are maintained below fifty-five (55) dBA at the property boundary.
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.
n. Toxic Waste Storage and Disposal
Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.
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.
o. Air Quality
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 harmful when dispersed in air.
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 otherwise be omitted.
PUBLIC HEARING
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: December 6, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Dennis Fidler, Building Official
SUBJECT: ADOPT ORDINANCE 743 REPEALING AND ADDING NEW CHAPTERS OF TITLE 15 (“CODE OF BUILDING REGULATIONS”) OF THE
SHAFTER MUNICIPAL CODE AS FOLLOWS: 15.04, 15.06, 15.08,
15.10, 15.12, 15.16, 15.20, 15.24, 15.26, 15.28, 15.32, 15.34,
15.36, 15.40, 15.44, & 15.52 WHICH INCLUDES ADOPTION OF THE
CALIFORNIA BUILDING STANDARDS CODE, AS MODIFIED, TO
PROVIDE A NEW CODE OF BUILDING REGULATIONS
RECOMMENDATION
City Council conduct a public hearing and receive public comment; introduce for second reading by title only, waive reading, and adopt Ordinance 743, an Ordinance of the City Council of the City of Shafter, California amending Title 15 of the Shafter Municipal Code by repealing and adding new Chapters of Title 15 ("Code of Building Regulations") of the Shafter Ordinance Code as follows 15.04, 15.06, 15.08, 15.10,
15.12, 15.16, 15.20, 15.24, 15.26, 15.28, 15.32, 15.34, 15.36, 15.40, 15.44, and
15.52; and adopting by reference the 2022 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Existing Building, Historical Building, Fire, Green Building Standards, Referenced Standards Codes, the 2021 International Swimming Pool and Spa Code, Shafter Grading Code, Shafter MovedBuilding Regulations, Mobile Homes and Accessory Structures, Shafter Floodplain Management Ordinance, and Local Amendments with certain appendices, as modified, to provide a new code of Building Regulations.
BACKGROUND
On November 15, 2022, Council introduced the ordinance for first reading, adopted the findings that the local amendments to the California Building Standards Code are reasonable and necessary due to local climatic, topographic, and geological conditions, and set today as the hearing date to receive public comment on the proposed ordinance. A notice of public hearing was properly advertised and posted.
Pursuant to Health and Safety Code Section 18938(b), building standards contained in the 2022 California Building Standards Code consist of various model codes which are modified by various state agencies, including but not limited to, the Department of Housing and Community Development, Office of the State Fire Marshall, Department of
ADOPT ORDINANCE 743 REPEALING AND ADDING NEW CHAPTERS OF TITLE 15 (“CODE OF BUILDING REGULATIONS”) OF THE SHAFTER MUNICIPAL CODE AS FOLLOWS: 15.04, 15.06,
15.08, 15.10, 15.12, 15.16, 15.20, 15.24, 15.26, 15.28, 15.32, 15.34, 15.36, 15.40, 15.44, &
15.52 WHICH INCLUDES ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE, AS
MODIFIED, TO PROVIDE A NEW CODE OF BUILDING REGULATIONS - 2 -
Health Services, California Energy Commission, and the Division of the State Architect.
The 2022 California Building Standards Code will apply to all building permits applied for after January 1, 2023. Typically, California adopts a new edition of building codes every three years.
The 2022 California Building Standards Code is based, in part, upon the 2021 International Building Code, 2021 International Residential Code, 2021 International Fire Code, 2021 Uniform Plumbing Code, 2021 Uniform Mechanical Code, 2020 National Electrical Code, and the 2021 International Existing Building Code.
Sections 13143.5 and 17958.5 of the California Health and Safety Code provide local jurisdictions with an opportunity during the local adoption process to make reasonable and necessary changes to the California Building Standards Code. To make amendments to the codes, other than administrative changes, your Council adopted Resolution 2894 that the amendments are reasonable and necessary because of the local climatic, topographic, and geological conditions for the proposed changes. The changes to the codes must result in regulations being at least as restrictive as the California Building Standards Code. A local jurisdiction may not eliminate or reduce any of the code requirements. Most of the local amendments being proposed are of a minor nature and will result in substantially the same requirements that exist in the current Code of Building Regulations.
ANALYSIS
The City of Shafter Building Department has worked with the Kern County Building and Fire Departments and other local jurisdictions to create and recommend these proposed revisions to the Code of Building Regulations. Title 15 of the Shafter Municipal Code, called the “Code of Building Regulations”, which incorporates the California Building Standards Code with local modifications. Local jurisdictions are provided the opportunity to modify the California Building Standards Code due to local climatic, topographic, and geological conditions, and those amendments are incorporated into the ordinance. The California Building Standards Commission has established January 1, 2023, as the effective date of the codes.
FISCAL IMPACT
No budget action is needed with the approval of this item. The cost of incorporating the new building codes into the City’s municipal code is nominal and can be accommodated within the adopted 2022-23 Annual Operating Budget.
CEQA ANALYSIS
The action is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a “Project” pursuant to Section 15378(b)(2) of the CEQA Guidelines.
The action is updating pertinent City code to follow recent changes to the California
ADOPT ORDINANCE 743 REPEALING AND ADDING NEW CHAPTERS OF TITLE 15 (“CODE OF BUILDING REGULATIONS”) OF THE SHAFTER MUNICIPAL CODE AS FOLLOWS: 15.04, 15.06,
15.08, 15.10, 15.12, 15.16, 15.20, 15.24, 15.26, 15.28, 15.32, 15.34, 15.36, 15.40, 15.44, &
15.52 WHICH INCLUDES ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE, AS
MODIFIED, TO PROVIDE A NEW CODE OF BUILDING REGULATIONS - 3 -
Building Standards Code and therefore, is a continuing general policy and procedure making maintenance activity of the City and not defined as a “project” per the Section.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
None
NEXT STEPS
Direct the City Clerk to publish this ordinance in accordance with Government Code sections 6066, 2514, and 50022.3.
ATTACHMENTS
1. Ordinance 743 Title 15 (Building Regulations) 2022 CBSC Adoption
2. Exhibit B Building Code of Regulations 2022 CBSC
ORDINANCE NO. 743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SHAFTER, CALIFORNIA AMENDING TITLE 15 OF THE SHAFTER
MUNICIPAL CODE BY REPEALING AND ADDING NEW CHAPTERS
OF TITLE 15 (“CODE OF BUILDING REGULATIONS”) OF THE
SHAFTER ORDINANCE CODE AS FOLLOWS: 15.04, 15.06, 15.08, 15.10,
15.12, 15.16, 15.20, 15.24, 15.26, 15.28, 15.32, 15.34, 15.36, 15.40, 15.44, and
15.52; AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA
ADMINISTRATIVE, BUILDING, RESIDENTIAL, ELECTRICAL,
MECHANICAL, PLUMBING, ENERGY, EXISTING BUILDING,
HISTORICAL BUILDING, FIRE, GREEN BUILIDNG STANDARDS,
REFERENCED STANDARDS CODES, THE 2021 INTERNATIONAL
PROPERTY MAINTENANCE CODE, 2021 INTERNATIONAL
SWIMMING POOL AND SPA CODE, SHAFTER GRADING CODE,
SHAFTER MOVED-BUILDING REGULATIONS, MOBILE HOMES AND
ACCESSORY STRUCTURES, SHAFTER FLOODPLAIN
MANAGEMENT ORDINANCE, AND LOCAL AMENDMENTS WITH
CERTAIN APPENDICES, AS MODIFIED, TO PROVIDE A NEW CODE
OF BUILING REGULATIONS
WHEREAS, the City Council has studied and considered voiding Ordinance No. 715 (Chapters 15.04, 15.06, 15.08, 15.10, 15.12, 15.16, 15.20, 15.24, 15.26, 15.28, 15.32, 15.34, 15.36,
15.40, 15.44, & 15.52 of Title 15 of the Shafter Municipal Code) and adding a new Title 15 to the Shafter Municipal Code as depicted in Exhibit “B”, attached hereto and made a part of this Ordinance as though fully set forth herein, and has determined that in order to enforce health and safety laws applicable to buildings and construction in the City of Shafter, it is necessary to approve Ordinance No. 743; and
WHEREAS, the City Council adopts the findings that the local amendments to the California Building Standards Code are reasonable and necessary due to local climatic, topographic, and geological conditions as depicted in Exhibit “A” attached hereto and made part of the adopted findings; and
WHEREAS, a timely and properly noticed public hearing upon Ordinance No. 743 was held by the City Council of the City of Shafter on December 6th at which hearing evidence, oral and documentary, was admitted on behalf of said Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:
SECTION 1. The Shafter Municipal Code is hereby amended by voiding Ordinance No. 715 (Chapters 15.04, 15.06, 15.08, 15.10, 15.12, 15.16, 15.20, 15.24, 15.26, 15.28, 15.32, 15.34,
15.36, 15.40, 15.44, and 15.52 of Title 15 of the Shafter Municipal Code) and adding a new Title 15 to the Shafter Municipal Code as depicted in Exhibit “B”, attached hereto and made a part of this Ordinances as though fully set forth herein, by adoption of Ordinance No. 743 by the City Council of the City of Shafter.
Shafter City Council Ordinance No. 743
December 6, 2022
SECTION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinances, and each section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty days after its adoption, and within fifteen days after such adoption shall be published once in the Shafter Press, a newspaper of general circulation published and circulated in the City of Shafter, together with the names of members of the City Council voting for and against the same.
PASSED AND ADOPTED THIS 6
th DAY OF DECEMBER, 2022.
__________________________________
Cathy L. Prout, Mayor
ATTEST:
__________________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
__________________________________
Marco A. Martinez, City Attorney
1 EXHIBIT “B” – TITLE 15
CODE OF BUILDING REGULATIONS – BUILDINGS AND CONSTRUCTION Chapters:
15.04 BUILDING REGULATIONS – GENERAL
15.06 RESIDENTIAL CODE
15.08 BUILDING CODE
15.10 GREEN BUILDING STANDARDS CODE
15.12 MECHANICAL CODE
15.16 PROPERTY MAINTENANCE CODE
15.20 PLUMBING CODE
15.24 ELECTRICAL CODE
15.26 EXISTING BUILDINGS CODE
15.28 GRADING CODE
15.32 FIRE CODE
15.34 RESIDENTIAL SWIMMING POOL AND SPA CODE
15.36 BUILDING RELOCATION
15.40 MOBILEHOMES AND ACCESSORY STRUCTURES
15.44 FLOODPLAIN MANAGEMENT
15.52 ENERGY CODE
2 Section 1. Chapter 15.04, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.04, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.04
BUILDING REGULATIONS – GENERAL
Sections:
15.04.010 Purpose.
15.04.020 Short title – Scope – More restrictive provisions.
15.04.030 Applicability.
15.04.040 Waiver of exemption.
15.04.050 Interpretation.
15.04.060 Definitions.
15.04.070 Enforcement authority.
15.04.080 Alternate materials and methods of construction.
15.04.090 Tests as proof of compliance or equivalency.
15.04.100 Modifications for individual cases.
15.04.110 Issuance of permit in advance of permit for main building.
15.04.120 Access.
15.04.130 Records – Reports – Disposition of fees.
15.04.140 Regulations – Fees – Security deposits.
15.04.150 Unfinished structures and projects.
15.04.160 Powers of Board of Building Appeals.
15.04.170 Limitation of liability.
15.04.180 Permit – Expiration and extension.
15.04.190 Plan checking – Expiration and extension.
15.04.200 Violation – Penalty.
15.04.010 Purpose.
The purpose of this title is to promote the public safety and welfare by the adoption of minimum building standards to be required and enforced throughout the incorporated territory of the City of Shafter.
15.04.020 Short title – Scope – More restrictive provisions.
A. This title may be cited as the "Code of Building Regulations." B. This title is partially comprised of the 2022 California Code of Regulations (CCR), Title 24, also referred to as the California Building Standards Code adopted by the California Building Standards Commission, Department of Housing and Community Development of the State of California and other agencies of the State of California. At the time of enactment of this title, the California Code of Regulations, Title 24, is comprised of the following codes:
Part 1 California Administrative Code
Part 2 California Building Code
Part 2.5 California Residential Code
3 Part 3 California Electrical Code
Part 4 California Mechanical Code
Part 5 California Plumbing Code
Part 6 California Energy Code
Part 7 Vacant – formerly California Elevator Safety Construction Code Part 8 California Historical Building Code
Part 9 California Fire Code
Part 10 California Existing Building Code
Part 11 California Green Building Standards Code
Part 12 California Referenced Standards Code
The above codes are all adopted herein by reference, have the same force of law, and are effective statewide 180 days after publication by the state unless otherwise stipulated. City of Shafter has made local modifications, additions and amendments to these codes as allowed, which are determined reasonably necessary because of local climatic, geological, or topographical conditions which are prescribed in Title 15 of the Ordinance Code. If the State of California adopts revisions or modifications to the above California Code of Regulations, those revisions or modifications shall be incorporated herein by reference to be effective on the date determined by the State of California.
Other codes and regulations adopted herein by reference, with modifications, and made a part of the Code of Building Regulations, include the following:
2021 International Property Maintenance Code
2021 International Swimming Pool and Spa Code
Shafter Grading Code
Shafter Moved-Building Regulations
Mobile homes and Accessory Structures
Shafter Floodplain Management Ordinance
C. Nothing in the Code of Building Regulations shall be interpreted as abrogating any more restrictive requirements of Title 19, California Administrative Code, known as the Regulations of the State Fire Marshal.
D. Existing and proposed legislation may affect the requirements contained in this code at any time. Any future requirements imposed by the Authority Having Jurisdiction that conflicts with this code shall supersede these requirements and shall be effective and enforceable immediately.
15.04.030 Applicability.
A. The Code of Building Regulations applies to grading, new building construction and to the installation of new mechanical, plumbing, and electrical systems. It also applies to additions, alterations, and repairs to existing construction and to existing mechanical, plumbing, and electrical systems to the extent specifically defined by the codes adopted by reference into this title.
4 If the cost of any repairs, remodeling or reconstruction thereof, as estimated by the building official, would exceed sixty percent (60) of the replacement cost of a new structure of similar size and kind, all work shall be in accordance with the applicable requirements for new construction, with the exception of fire sprinklers in one and two-family dwellings. See Section
15.06.173.
B. This Code of Building Regulations shall apply, to the extent permitted by law, to all construction in the incorporated City of Shafter whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by any county or city, including the City of Shafter; or by any authority or public entity organized under the laws of the State of California. Any government agency shall be exempt from the provisions of this chapter only to the extent that such construction may not be lawfully regulated by the City of Shafter.
C. This Code of Building Regulations will apply to permit applications filed on and after the effective date of the ordinance from which this title derives.
D. The building official may, at the option and request of the permit holder, authorize compliance with this Code of Building Regulations to projects filed for permit or under construction prior to the effective date of this ordinance.
15.04.040 Waiver of exemption.
An owner or person proposing to construct a building or structure exempt from the provisions of this title may elect to waive such exemption and submit an application for permit or permits to construct or make repairs to a building or structure. If the permit or permits are issued and construction is undertaken thereunder, the exemption is waived, and the Code of Building Regulations shall apply to the construction.
15.04.050 Interpretation.
This title shall be liberally construed to effect its purpose. If the title regulates one or more applications with dissimilar limitations or requirements, the more restrictive shall apply. Prior references to the former Code of Building Regulations shall be construed to apply to the corresponding provisions of this code.
15.04.060 Definitions.
For the purpose of this title, certain terms used herein or in the adopted codes, shall have the meaning given in this section, except as expressly provided otherwise in this title.
“Adopted code” means a “code,” as defined by subdivision (a) of Government Code Section 50022.1, including, for example, without limiting the generality of the foregoing, Title 24 of the California Administrative Code (also known as the California Building Standards Code) or any of the so-called “International and/or Uniform Codes,” or other standards adopted by reference by this title.
“Building official,” “administrative authority,” “plumbing official” and “chief electrical inspector” means the Director of the Building Department of the City of Shafter or his or her authorized designee.
5 “Board of Appeals” means the Shafter Board of Building Appeals, as established by city council upon the filing of an appeal. “Building” means any structure used for support or shelter of any use or occupancy. “Structure” means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some definite manner, except any mobile home as defined in Section 18008 of the Health and Safety Code, manufactured home, as defined in Section 18007, special purpose commercial modular, as defined in Section 18012.5, and recreational vehicle, as defined in Section 18010. “Building” means and includes a structure wherein things may be grown, made, produced, kept, handled, stored, or disposed of. All appendages, accessories, apparatus, appliances, and equipment installed as part of building or structure shall be deemed to be a part thereof.
“Building Inspection Department” and “Department” means the Building Inspection Division.
“City,” “City Clerk,” and “City Council” means the City of Shafter, the City Clerk of the City of Shafter, and the City Council of the City of Shafter, respectively. “Director” means the Director of the Building Department of the City of Shafter or his designee.
“Fire Chief” means the Chief of the Kern County Fire Department. “Mayor” means the City Council of the City of Shafter.
“Ordinance Code” means the Ordinance Code of the City of Shafter.
15.04.070 Enforcement authority.
A. The building official shall interpret, administer, and enforce this title, and for such purposes, he may appoint deputies and otherwise delegate the authority herein provided.
B. The building official shall have the power to render interpretations of this title, insofar as provisions of the Code of Building Regulations he administers may apply, and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this title.
C. Any authority of the building official involving discretion or interpretation of this title shall be exercised in a reasonable manner.
D. Any decision of the building official relating to interpretation of this title, or to alternate materials or methods of construction as mentioned in Section
15.04.080, or to tests as proof of compliance or equivalency as mentioned in Section 15.04.090, or to modifications as mentioned in Section 15.04.100, shall be subject to appeal to the Board of Building Appeals.
E. Whenever the building official or his designee has knowledge of a violation of Title 15 of this Code, he may cause a notice of intent to record a declaration of substandard property to be mailed to the owner of record of the property as shown on the last equalized assessment roll of the county or as known to the building official at the time of mailing of the notice. The notice shall state that within thirty (30) days of the date of the notice, the owner may request a
6 meeting with the building official to present evidence that a violation does not exist.
The notice shall further describe the property and violation in detail.
Following the sending of the notice of intent to record a notice of violation and prior to recording the notice, if it is determined that no violation exists, the building official or his designee, if requested shall mail a notice of expungement to the then owner(s) of record.
In the event that a meeting is not requested and the violation has not been corrected, or in the event that after consideration of evidence it is determined by the building official, or the Board of Building Appeals or City Council upon further appeal, that a building code violation in fact exists, the building official may record, without fee, a declaration of substandard property in the Office of the County Recorder.
Upon request, the building official or his designee shall issue the affected property owner a notice of expungement of violation upon correction of all violation(s) noticed hereunder, and upon payment of the fee established by the City Council. The notice of expungement may be recorded by the requesting affected property owner at his or her expense in the Office of the County Recorder.
15.04.080 Alternate materials and methods of construction.
A. The provisions of this title are not intended to prevent the use of any material, appliance, installation, device, arrangement, method of construction, or work not specifically prescribed by this title, provided any proposed alternate has been approved under this section.
B. The building official may approve any alternate material, appliance, installation, device, arrangement, method of construction, or work not prescribed by this title, if he finds that the proposed design is satisfactory and that the proposed alternate is, for the purpose intended, at least the equivalent of that prescribed by this Code and by the Health and Safety Code (commencing with Section 17951) in performance, effectiveness, strength, safety, quality, durability, fire resistance and for the protection of life and health.
15.04.090 Tests as proof of compliance or equivalency.
The building official shall require evidence that any material, appliance, installation, device, arrangement, method of construction, or work conforms to, or that any proposed alternate is at least equivalent to, the requirements of this title and of the Health and Safety Code in performance, safety, and for the protection of life and health; and, for such purposes, the building official may require tests to be made at the expense of the owner or his agent. Such tests shall be carried out in the manner specified by this Code or by other recognized test standards approved by the building official or, if there are none, by test procedures determined by the building official. Any such tests shall be made by a competent person, organization, or agency acceptable to the building official. Reports of such tests shall be public records.
15.04.100 Modifications for individual cases.
7 A. The building official may grant modifications in the applications of this title for individual cases, if he shall first find that:
1. There are practical difficulties involved in carrying out the provisions of this title;
2. A special individual reason makes the strict letter of this title impractical;
3. The modification is in conformity with the spirit and purpose of this title and of the Health and Safety Code (commencing with Section 17951); and
4. Such modification does not lessen health, accessibility, life and fire safety, or structural requirements.
B. No modification shall be granted with respect to any public-healthrelated requirement of this title, except in accordance with the recommendations of the Building Official or Health Officer. Nothing in this paragraph shall apply to a decision of the Board of Building Appeals or the City Council, on appeal under Section 15.04.160, as the same may relate to any such public-health-related requirement.
C. The details of action granting modifications shall be recorded and entered in the files of the Building Inspection Division.
15.04.110 Issuance of permit in advance of permit for main building.
A. Where no building is located on a lot or parcel, no permit shall be issued for a septic system, accessory building, or temporary power pole prior to issuance of a permit for a main building to be located on the same lot or parcel.
The purpose of this provision is to furnish the Planning Department with sufficient information concerning the uses, size, area of coverage, or location of any main building that will or may be constructed thereon, in relation to such septic system, accessory building, or temporary power pole.
EXCEPTIONS: Permits for temporary power poles to be used during time of construction may be issued prior to the main use being established, provided the following conditions have been met:
1. All required plans have been submitted.
2. All plan check fees, building permit fees, and any special fees have been paid in full.
3. Following a natural disaster, the Building Official, with approval from the Director of the Planning Department, may issue such permits deemed necessary to restore a previous legal use or allow temporary occupancy of a site, prior to the primary use being re-established.
B. As used in this section, certain terms are defined as follows:
1. "Accessory building" means and includes any building or structure the use of which is customarily subordinate or incidental to that of a main building or a main use of a certain kind of lot or parcel, for example, a garage or storage building.
8 2. "Main building" means and includes a building or structure which is customarily used to carry out the main use of a lot or parcel of a certain kind, for example, a dwelling house in the case of a lot in an R-1 (Low-density Residential) District.
3. "Main use" means and includes the principal or dominant use for which a lot or parcel of a certain kind is customarily used, for example, for dwelling purposes in the case of a lot in an R-1 (Low-density Residential) District.
4. "Temporary power pole" means and includes any pole placed for the conveyance of electrical energy for a limited period of time and is used in preparing for the main use of a certain kind of lot or parcel.
C. When written approval is obtained of all property owners whose property lies between the point of supply from the energy supplier and the temporary power pole location, the building official may permit a temporary power pole to be located within three hundred (300) feet of the project boundary if he determines that such location is required by the regulations of the energy supplier.
15.04.120 Access.
A. Access. Each parcel on which a structure is to be constructed or a mobile home placed shall be connected by means of an approved access road or roads to a public highway which is maintained by the City or other public entity or governmental agency.
B. Approved Access. Approved access shall be over permanent recorded public easements or over recorded Federal Bureau of Land Management or Forest Service easements granted for ingress and egress; however, the building official may, in the exercise of his reasonable discretion, grant a variance authorizing access over permanent, recorded private access easements.
C. Variance. The building official is authorized to approve a variance if he finds:
1. There are special circumstances affecting the parcel or its design or improvements; and
2. The granting of the variance will not be materially detrimental to the public welfare or injurious to other property; and
3. The granting of the variance will not be in conflict with the purposes and objectives of this title, the purposes and objectives of the General Plan or any element thereof, or any applicable specific plan.
4. Notwithstanding the foregoing, public access shall be required for any parcel created by a recorded map having thereon a statement to the substantial effect that building permits would not be issued until the parcel had rights of public access.
D. Nonrecorded Access. The building official is authorized to grant a variance such that private, nonrecorded access may be allowed to isolated communication tower sites, pump stations, and similar facilities when the owner/operator of the facility acknowledges, in writing, that they are aware there is no recorded access to the facility.
9 E. Existing Developed Property. The building official is authorized to assume legal access exists for the purposes of this title and to grant an exception to the requirement to provide verification of legal access to properties that have or had a structure within the last 3 years, which has been determined to be either legal non-conforming (meaning that the structure was constructed prior to the requirement of building permits for the parcel) or the structure had previously been constructed under a valid building permit. The issuance of the building permit has no bearing on the legal status of access to the property. If legal access is not documented and an exemption is granted, the property owner shall acknowledge in writing, that they are aware that the City has not verified legal access and they will hold the City harmless if legal access does not exist to the structure.
F. Appeal.
1. Any interested party who is dissatisfied with any action of the building official with respect to a variance request may appeal to the City Council within twenty (20) days after the date written notice of decision is given to the applicant and interested parties who have requested such notice.
2. Such appeal shall be in writing on such form as the City Council may from time to time approve and shall be filed with the building official, accompanied by any fee as may be prescribed by resolution of the City Council.
3. The City Council shall hear the appeal, upon notice as provided herein, within fifteen (15) days after the filing of the appeal or at its next succeeding regular meeting after fifteen (15) days, unless the applicant consents to a continuance.
4. The Clerk of the Council shall cause notice to be given of the time and place of the hearing on the appeal at least one (1) week prior thereto, as follows:
a. By mailing or delivering a copy of the notice of hearing to the applicant, the building official, the appellant (if other than the applicant), and any other person whose written request has been filed with the Clerk; and
b. By posting a copy of the notice of hearing on the
bulletin board adjacent to the Chambers of the Council.
5. Within seven (7) days following the conclusion of the hearing, the City Council shall declare its findings and render its decision on the appeal. The Council, within its scope of authority, may sustain, modify, reject, or overrule any determination or findings of the building official and may make such findings as are not inconsistent with the provisions of this Article or any other provision of law.
6. The City Council shall not be bound by the above
requirements for access. Upon due consideration of the facts, the Council may exempt an applicant from providing verification that legal access exists to their project and authorize the issuance of a Building Permit with or without conditions.
10 G. Other Code Requirements. Approved access easements shall comply with all other requirements of this code.
15.04.130 Records – Reports – Disposition of fees.
The building official shall cause to be made and filed a permanent record of each transaction of the department covered by this title. He shall account to the City Council for permits issued and the fees collected by the department. Permit fees shall be deposited on a daily basis into the Building Inspection Fund with the County Treasurer.
15.04.140 Regulations – Fees – Security deposits.
A. Subject to approval by the City Council, the building official may promulgate reasonable regulations to implement or facilitate inspection functions, the issuance of permits and certificates, and the other administrative and enforcement duties imposed upon him by this title.
B. Subject to approval by the City Council, the building official may adopt and charge a reasonable schedule of fees for permits, permit renewal, plan checking, processing applications, inspections and enforcement, maintenance of records, and for the performance of special services by the Planning Department or the Public Works Department in administering and enforcing this title. The schedule may provide for the partial refund of permit fees to applicants.
C. Penalty fees specified in this title for starting or proceeding without necessary permits shall be assessable against contractors, except for emergency work for which permits must be procured within a reasonable time not to exceed two (2) working days. In cases involving other than contractors, penalty fees may be waived by the department if action is taken to apply for and take out all necessary permits prior to referral to the investigation section of the department for action.
Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the permit fees specified by City Council Resolution shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.
D. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may also be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from the plans requiring approval of the building official. The fee for each reinspection shall be established by the City Council and as set by City Resolution, and shall be paid prior to any additional inspections.
E. Where the permittee desires occupancy or all utilities energized before the final inspection can be completed, and the building official determines that all fire protection systems are operational and no unreasonable hazard to life or property exists, he may deposit with the building official security in the amount
11 of the building official's estimate of the cost of completion plus fifty percent (50%) for the purpose of ensuring the completion of the work and the department's overhead costs involved in processing and administration. The term "security" as used in this section means one or more of the following:
1. A bond by one (1) or more duly authorized corporate sureties; or
2. A cash deposit made with the City; or
3. An instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal Government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument; or
4. Negotiable U.S. Treasury Certificates of the kind approved by law for security deposits of public money.
5. The security sum is to be refunded to the permittee upon completion and may be released to the depositor in two payments during the progress of the work if the deposit exceeds one thousand dollars ($1,000), and the same ratio of security is maintained on deposit for all uncompleted work. Such special permit shall be granted for a specific time period mutually agreed upon, after which if the project remains uncompleted, the building official may declare permit void, forfeit and utilize security deposit to gain compliance under provisions of this title.
15.04.150 Unfinished structures and projects.
Where a structure or project remains unfinished after the permit therefore has been revoked or canceled, the owner shall, within sixty (60) days after written notice by the building official, demolish and remove the same or obtain a new permit. In order to renew action on a building permit after cancellation, the applicant shall pay a new inspection fee. In the event any modifications to the previously approved plans are proposed, the applicant shall also resubmit plans and pay a new plan review fee.
15.04.160 Powers of Board of Building Appeals.
A. The Board of Building Appeals shall hear any appeal from a decision of the building official relating to application and interpretation of this title, or alternate materials or methods of construction as mentioned in Section 15.04.080, or tests as proof of compliance or equivalency as mentioned in Section 15.04.090, or modifications for individual cases as mentioned in Section 15.04.100.
B. The authority of the Board of Building Appeals is limited to the application and interpretation of this title and does not permit waivers of any code requirements.
C. The Board of Building Appeals shall make written findings and render a written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the building official, and to any person requesting it.
12 D. The decisions of said Board of Building Appeals shall be subject to further appeal to the City Council, provided that a request for hearing by the City Council is filed with the building official not later than thirty (30) days after the date the written findings and decision of the Council are placed in the mail, addressed to the appellant.
E. The City Council shall make written findings and render a written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the building official, and to any person requesting it.
15.04.170 Limitation of liability.
A. Neither an approval nor a permit granted by the Planning Department or the Public Works Department, or any other department involved in the review and approval of said permit, shall constitute permission or authority for or be interpreted as a waiver of violation of any statute, ordinance, or regulation.
B. Neither the City of Shafter nor its officers or employees shall be liable for structural or construction defects through the administration or enforcement of this title.
C. By accepting a permit for the performance of services by the Planning Department or the Public Works Department, an applicant consents to the limitations of this section.
15.04.180 Permit – Expiration and extension.
A. Every permit issued by the building official under the provisions of this title shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within three hundred and sixty (360) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of three hundred and sixty (360) days and an extension has not been granted. Before such work can be recommenced, the permit shall be first reissued, and the fee therefore shall be one-half (1/2) the amount of the building permit fee required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded three hundred and sixty days (180) after the expiration of the permit. If work has not commenced, and a new Code of Building Regulations has been adopted since the original date of application, an extension will not be granted and a new permit shall be obtained in conformance with the current regulations and full permit fees paid.
B. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee, for a period not exceeding one hundred eighty (180) days, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. A valid inspection shall be requested within 60 days of a permit extension.
13 C. Engineered Grading Permits - The permittee shall submit a letter annually stating that engineered grading permits issued under the provisions of this title are still active projects.
D. Notwithstanding any other provisions of this title, permits issued under the provisions of this title shall expire five (5) years after the date of issuance.
Annual extensions may be granted by the building official after payment of an additional fee for each annual or portion thereof extension.
E. Permits to correct a violation
Permit applications to correct an existing violation must be actively pursued by the applicant. An application shall be deemed to have been abandoned 60 days after filing unless such application has been pursued in good faith as determined by the building official. No extensions will be granted after filing an application. The first inspection must be requested within 30 days after permit issuance, and an issued permit will be deemed invalid if the work authorized by such permit is suspended or abandoned for a period of 90 days. Permits issued to correct a violation shall expire 360 days after the date of issuance.
15.04.190 Plan checking – Expiration and extension.
A. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for checking may thereafter be returned to the applicant or destroyed by the building official.
B. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.
C. Applications to correct an existing violation must be actively pursued by the applicant. An application shall be deemed to have been abandoned 60 days after filing unless such application has been pursued in good faith as determined by the building official. No extensions will be granted after filing an application.
15.04.200 Violation – Penalty.
A. Any person who violates or who causes permits or allows the violation of any provision of this title (including codes which have been adopted by reference) shall be deemed guilty of a misdemeanor. The Building Official, the Director of the Planning Department, the Kern County Fire Chief, the Kern County Health Officer, or their designees in enforcing this title may cause criminal complaints to be issued for the violation of any section of this title, including any of the codes adopted by reference herein. Each day that violation of any such provision continues shall be considered a separate offense.
B. Any structure, construction, or installation that is undertaken or permitted to continue in violation of any provision of this title is a public nuisance and may be abated by the building official.
14 C. Any act declared by this title to be a misdemeanor shall be punishable, upon conviction thereof, by fine of not exceeding One Thousand Dollars ($1,000) or by imprisonment in the Kern County Jail for not exceeding six (6) months, or by both such fine and imprisonment.
D. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint with the building official stating fully the causes and basis thereof. The complaint shall be investigated, and such action thereon as provided by this chapter taken as deemed appropriate.
E. The building official may, upon the presentation of proper credentials to the occupant or owner, enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting said premises, building, or structure to determine if the same are being used in compliance with the provisions of this title (including codes which have been adopted by reference).
If admission or entry is refused, the building official may apply to obtain an inspection warrant.
F. In addition to the above remedies, the above public officials may take enforcement actions for violations of this title by imposing administrative penalties or abating a public nuisance as provided for in the Shafter Municipal Code.
15 Section 2. Chapter 15.06, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.06, Title 15 of the Ordinance Code of the City of Shafter is hereby added to read as follows:
CHAPTER 15.06
RESIDENTIAL CODE
Sections:
15.06.010 Short title.
15.06.020 Applicability.
15.06.030 California Residential Code – Adopted.
15.06.040 California Residential Code – Provisions not adopted.
15.06.050 California Residential Code – Amendments – General.
15.06.051 Section R105.2 amended – Work exempt from permit.
15.06.060 Section R106.3.1 amended – Approval of construction documents.
15.06.070 Section R109.1.3 amended – Floodplain inspections.
15.06.080 Section R109.3.1 added – Inspection record card.
15.06.090 Section R110.1 amended – Use and occupancy.
15.06.100 Reserved
15.06.110 Section R301.2 amended – Climatic and geographic design criteria.
15.06.120 Reserved
15.06.130 Reserved
15.06.140 Section R301.2.3 amended – Snow loads.
15.06.150 Section R301.2.4 amended – Floodplain construction.
15.06.160 Table R301.5 amended – Minimum Uniformly Distributed Live Loads
15.06.161 Table R302.1(2) amended – Exterior Walls – Dwellings and Accessory Buildings with Automatic Residential Fire Sprinkler Protection.
15.06.170 Section R302.6 amended – Dwelling/garage and/or carport fire separation
15.06.171 Section R302.13 amended – Fire protection of floors.
15.06.172 Section R302.15 amended – Sound Transmission.
15.06.173 Section R313.2 amended – One- and two-family dwellings automatic fire sprinkler systems.
15.06.180 Section R322 amended – Flood-Resistant Construction
15.06.190 Section R401.1 amended – Application.
15.06.200 Section R401.3 amended – Drainage.
15.06.210 Section R401.4.1 amended – Geotechnical evaluation.
15.06.220 Reserved
15.06.221 Section R404.1.4.1 amended – Masonry foundation walls.
15.06.222 Section R404.1.4.2 Amended-Concrete foundation walls.
15.06.230 Section R404.2 amended – Wood foundation walls.
15.06.240 Section R408.7 amended – Flood resistance.
16 15.06.241 Reserved
15.06.250 Section R502.3.1 amended – Sleeping areas and attic joists.
15.06.260 Table R502.3.1(1) amended – Floor Joist Spans for Common Lumber Species
15.06.261 Section R506.2.3 amended – Vapor retarder.
15.06.270 Reserved
15.06.280 Reserved
15.06.290 Section R606.4.4 amended – Parapet walls.
15.06.300 Section R606.12.2.2.3 amended – Reinforcement requirements for masonry elements.
15.06.310 Reserved
15.06.315 Section R908.1 amended – General.
15.06.320 Section R908.2 amended – Structural and construction loads.
15.06.010 Short title.
This chapter may be cited as the "Shafter Residential Code."
15.06.020 Applicability.
This chapter shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling or townhouse, not more than three stories above grade plane in height with a separate means of egress and accessory structures accessory thereto not more than three stories above grade plane in height throughout the incorporated territory of the City of Shafter, excepting those exempted therefrom.
15.06.030 California Residential Code – Adopted.
California Code of Regulations, Title 24 Part 2.5 being that portion of the 2022 edition of the California Building Standards Code, referred to as the California Residential Code, including Appendix Chapters AH, AQ, AX, and AZ, and as modified and amended by this chapter, is adopted by this reference into the Shafter Residential Code. Additions and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Residential Code.
15.06.040 California Residential Code – Provisions not adopted.
The following provisions of the California Residential Code are not adopted as part of this chapter and shall not apply thereto:
A. Section 1.8.8 Building Appeals Board
B. Section R103 Department of Building Safety
C. Section R104.10.1 Flood Hazard Areas
D. Section R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas E. Section R105.3.2 Time limitation of application
F. Section R105.5 Expiration
G. Section R112 Board of Building Appeals
17 H. Appendix Chapters AA, AB, AC, AD, AE, AF, AG, AI, AJ, AK, AL,
AM, AN, AO, AP, AR, AS, AT, AU, AV, AW, AY
15.06.050 California Residential Code – Amendments – General.
The following sections of the California Residential Code are amended to read as set out in this chapter.
15.06.051 Section R105.2 amended – Work exempt from permit.
Section R105.2, item 3 under Building: is amended to read as follows:
3. Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall.
EXCEPTIONS:
a. Supporting a surcharge or impounding Class I, II or III-A liquids. b. Walls retaining soils within a 2:1 (horizontal to vertical) slope of the lowest finished grade at property line shall be constructed from 6-inch minimum nominal thickness masonry or concrete, unless a permitted retaining wall or otherwise exempt retaining wall is protecting the property line. Other construction materials may be approved on a case by case basis by the building official.
15.06.060 Section R106.3.1 amended – Approval of construction documents.
Section R106.3.1 is amended by replacing the first sentence to read as follows:
R106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, which states “Approved.”
15.06.070 Section R109.1.3 amended – Floodplain inspections.
Section R109.1.3 is amended to read as follows:
R109.1.3 Floodplain inspections. In flood hazard areas, subject to regulation by the City’s Floodplain Management Ordinance being Chapter 15.44 upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certificate required in Chapter 15.44 shall be submitted to and approved by the building official. Wherever this code refers to flood or flood hazard areas, the user is directed to Chapter 15.44.
15.06.080 Section R109.3.1 added – Inspection record card.
Section R109.3.1 is added to read as follows:
R109.3.1 Inspection record card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding
18 inspection of the work. The card and approved plans shall be maintained available by the permit holder until final approval has been granted by the building official.
15.06.090 Section R110.1 amended – Use and occupancy.
Section R110.1, Exception 2 is amended to read as follows:
2. Nonbuilding structures.
15.06.100 Reserved
15.06.110 Section R301.2 amended – Climatic and geographic design criteria.
Section R301.2 is amended by replacing the last sentence with the following:
Additional criteria shall be established by the local jurisdiction based on site specific information. Whenever reference is made to Table R301.2(1) by any section of this code, refer to other sections contained herein of this code for the required information, or contact the building official.
15.06.120 Reserved
15.06.130 Reserved
15.06.140 Section R301.2.3 amended – Snow loads.
Section R301.2.3 is amended by adding the following:
If no statistical analysis of data is available, ground snow loads, based on site elevations, may be assumed as follows:
Elevation (feet) Ground Snow Load pg (psf)
0 - 3500 0
3500 - 4000 20
4000 - 5000 30
5000 - 6000 40
6000 - 7000 60
7000 - 8000 80
15.06.150 Section R301.2.4 amended – Floodplain construction.
Section R301.2.4 is amended to read as follows:
R301.2.4 Geological or Flood Hazard. If, in the opinion of the building official, a structure to be used for human habitation or occupancy is proposed to be located such that it would be subject to geological or flood hazard to the extent that it would endanger human life safety, a permit to construct shall be denied, unless corrective work satisfactory to the building official can be done to eliminate or sufficiently reduce the hazard. No structures shall be permitted where expressly prohibited under Title 15 or Chapter 15.44 of the Ordinance Code.
19 The building official, in formulating his opinion as to the extent of the hazard, may take into consideration such data as is available from federal, state, and local agencies, and other City or County departments having information and knowledge relative to such hazardous conditions. He may require applicants to furnish geological and/or engineering studies, reports, and recommendations for corrective work sufficient to establish the safety of the proposed structure, and for which a qualified registered geologist or engineer shall assume full responsibility.
15.06.160 Table R301.5 amended – Minimum Uniformly Distributed Live Loads
Table R301.5 is amended as follows:
The required live load for “Sleeping areas” is amended to 40 pounds per square foot (psf) uniform load. The remainder of Table R301.5 remains unchanged.
15.06.161 Table R302.1(2) amended – Exterior Walls – Dwellings and Accessory Buildings with Automatic Residential Fire Sprinkler Protection
Table R302.1(2) is amended by deleting footnote a.
15.06.170 Section R302.6 amended – Dwelling/garage and/or carport fire separation.
Section R302.6 is amended by adding a sentence to read as follows:
In one and two-family dwellings that do not have an automatic residential fire sprinkler system, all references in Table R302.6 to “½-inch gypsum board” shall be revised to read “5/8-inch Type X gypsum board.”
15.06.171 Section R302.13 amended – Fire protection of floors.
Section R302.13 is amended by adding exception 5 to read as follows:
5. Exterior deck assemblies located over spaces not intended for human occupancy, storage, or fuel-fired appliances.
15.06.172 Section R302.15 added – Sound Transmission.
Section R302.15 is added to read as follows:
R302.15 Sound Transmission. Wall and floor ceiling assemblies separating dwelling units and townhouse units, shall be provided with sound transmission insulation in accordance with Section 1206 of the California Building Code.
15.06.173 Section R313.2 amended – One- and two-family dwellings automatic fire sprinkler systems.
Item No. 1 of Section R313.2 is amended to read as follows:
20 1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing one- and two-family dwellings that are not already provided with an automatic residential sprinkler system unless the alteration involves reconstruction of 90% or more of the structure above the slab/foundation. Any existing structure that is being converted to a one- or twofamily dwelling for the first time is considered a new dwelling.
15.06.180 Section R322 amended – Flood-Resistant Construction All of Section R322 shall be amended to read as follows:
R322.1 General. Buildings and structures located in whole or in part in flood hazard areas shall comply with Chapter 15.44 of the Ordinance Code and other applicable sections of this code.
15.06.190 Section R401.1 amended – Application.
Section R401.1 shall be amended by replacing the last sentence of the first paragraph and all of the listed exceptions with the following:
Wood foundations shall not be permitted.
EXCEPTIONS:
1. Non-occupied, single story, detached wood or metal storage sheds and similar uses other than a garage or carport, may be supported on skids provided the skids are anchored to the surface, the building width does not exceed 14 feet, the building length does not exceed 40 feet, the plate height does not exceed 12 feet above grade at any point, and the maximum roof projection does not exceed 24 inches.
2. At the discretion of the building official, pressure treated wood posts or poles embedded in earth or in concrete footings may be used for minor accessory buildings, typically limited to 200 square feet, and nonbuilding structures.
15.06.200 Section R401.3 amended – Drainage.
Section R401.3 shall be amended to read as follows:
R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard.
The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than a 2 percent slope for a minimum distance of 10 feet (3048 mm) measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet (3048 mm) of horizontal distance, a 2 percent slope shall be provided to an approved alternate method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 1 percent where located within 10 feet (3048 mm) of the building foundation.
Impervious surfaces within 10 feet (3048 mm) shall be sloped a minimum of 1 percent away from the building.
21 EXCEPTION: Where climatic or soil conditions warrant, the slope of the ground away from the building foundation is permitted to be reduced to not less than 1 percent.
The procedure used to establish the final ground level adjacent to the foundation shall account for additional settlement of backfill.
15.06.210 Section R401.4.1 amended – Geotechnical evaluation.
Section R401.4.1 shall be amended by adding the following to the end of the paragraph:
Unless supported on bedrock, a soils investigation is required when the assumed load-bearing pressure exceeds 1500 pounds per square foot. A soils investigation shall also be required when the assumed lateral soil values per California Building Code Table 1610.1 are not based on Class 5 soil materials as defined in California Building Code Table 1806.2.The building official may also require a soils investigation in areas where questionable soils are known to exist, if questionable soils are encountered during construction, or where otherwise required by other sections of the Ordinance Code or State or Federal regulations.
15.06.220 Reserved
15.06.221 Section R404.1.4.1 amended–Masonry foundation walls.
Section R404.1.4.1 is amended to read as follows:
In buildings assigned to seismic design category D0, D1, or D2, as established in table R301.2(, masonry foundation walls shall be constructed in accordance with table R404.1.1(2), R404.1.1(3), or R404.1.1(4). Masonry foundation walls shall have two No. 4 (No.13) horizontal bars located in the upper 12 inches (305mm) of the wall.
15.06.222 Section R404.1.4.2 amended–Concrete foundation walls.
Section R404.1.4.2 is amended to read as follows:
In buildings assigned to seismic design category D0, D1, or D2, as established in table R301.2, concrete foundation walls that support above grade concrete walls shall comply with ACI 318, ACI 322, or PCA 100 (see section – R404.1.3). Concrete foundation walls that support light frame walls shall be provided with horizontal reinforcement in accordance with table R404.1.2(1), and vertical reinforcement in accordance with table R404.1.2(2), R404.1.2(3), R404.1.2(4), R404.1.2(5), R404.1.2(6), R404.1.2(7), or R404.1.2(8). Where Tables R404.1.2(2) through R404.1.2(8) permit plain concrete walls, not less than No.4 vertical bars at spacing not exceeding 48 inches shall be provided.
15.06.230 Section R404.2 amended – Wood foundation walls.
Section R404.2 is amended to read as follows:
22 Wood foundation walls shall not be used for buildings or structures, except for retaining walls not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, not supporting a surcharge or impounding Class I, II or III-A liquids, and not protecting a property line.
15.06.240 Section R408.7 amended – Flood resistance.
Section R408.7 is amended to read as follows:
Buildings and structures located in whole or in part in flood hazard areas shall comply with Chapter 15.44 of the Ordinance Code and other applicable sections of this code.
1506.241 Reserved
15.06.250 Section R502.3.1 amended – Sleeping areas and attic joists.
Section R502.3.1 is amended to read as follows:
R502.3.1 Attic joists. Table R502.3.1(1) shall be used to determine the maximum allowable span of floor joists that support attics that are accessed by means of a fixed stairway in accordance with Section R311.7 provided the design live load does not exceed 30 pounds per square foot (1.44 kPa) and the design dead load does not exceed 20 pounds per square foot (0.96 kPa). The allowable span of ceiling joists that support attics used for limited storage or no storage shall be determined in accordance with Section R802.5.
15.06.260 Table R502.3.1(1) amended – Floor Joist Spans for Common Lumber Species
Table R502.3.1(1) is amended by replacing the words “Residential sleeping areas” with “Habitable attics” in the Table heading.
15.06.261 Section R506.2.3 amended – Vapor retarder.
Exception 1 to Section R506.2.3 is amended to read as follows:
1. Detached structures limited to garages, utility buildings and other unheated accessory structures.
15.06.270 Reserved
15.06.280 Reserved
15.06.290 Section R606.4.4 amended – Parapet walls.
Section R606.4.4 is amended to read as follows:
Masonry parapet walls shall be reinforced in accordance with Section R606.12.
23 15.06.300 Section R606.12.2.2.3 amended – Reinforcement requirements for masonry elements.
Section R606.12.2.2.3 is amended to read as follows:
R606.12.2.2.3 Reinforcement requirements for masonry
elements. Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(3) and in accordance with the following:
1. Horizontal reinforcement. Horizontal joint reinforcement shall consist of not less than one No. 4 bar spaced not more than 48 inches (1219 mm).
Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.
2. Vertical reinforcement. Vertical reinforcement shall consist of at least one No. 4 bar spaced at no more than 48 inches (1219 mm). Vertical reinforcement shall be within 8 inches (406 mm) of openings and the ends of masonry walls.
15.06.310 Reserved
15.06.315 Section R908.1 amended – General.
Section R908.1 is amended by adding a paragraph to read as follows:
Where the reroofing is less than thirty percent (30) of the roof area and less than fifteen hundred (1500) square feet for Group R, Division 3 Occupancies, or buildings accessory thereto, building permits for the reroofing are not necessary.
15.06.320 Section R908.2 amended – Structural and construction loads.
Section R908.2 is amended by adding a sentence to read as follows:
If the proposed reroof results in a net increase of more than 3 pounds per square foot, a roof framing plan shall be provided to the building official to verify structural adequacy.
24 Section 3. Chapter 15.08, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.08, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.08
BUILDING CODE
Sections:
15.08.010 Short title.
15.08.020 Applicability.
15.08.030 California Building Code – Adopted.
15.08.040 California Building Code – Provisions not adopted.
15.08.050 California Building Code – Amendments – General.
15.08.051 Section 101.4.3 amended – Plumbing.
15.08.052 Section 102.2.1 added – Flood.
15.08.060 Section 105.2 amended – Work exempt from permit.
15.08.070 Section 107.3.1 amended – Approval of construction documents.
15.08.080 Section 110.3.3 amended – Lowest floor elevation.
15.08.090 Section 110.3.6 amended – Lath, gypsum board and gypsum panel product inspection.
15.08.100 Section 110.5.1 added – Inspection record card.
15.08.101 Section 110.7 added – Special inspection registration.
15.08.110 Section 406.3.2.1 amended – Dwelling unit separation.
15.08.120 Reserved
15.08.130 Reserved
15.08.140 Reserved
15.08.150 Reserved
15.08.160 Section 802.4 amended – Applicability.
15.08.170 Section 903.2.1 amended – Group A.
15.08.180 Section 903.2.1.1 amended – Groups A-1, A-3, and A-4.
15.08.190 Reserved
15.08.200 Section 903.2.1.3 deleted – Group A-3.
15.08.210 Section 903.2.1.4 deleted – Group A-4.
15.08.220 Section 903.2.2.1 added – Group B.
15.08.230 Section 903.2.3 amended – Group E.
15.08.240 Section 903.2.4 amended – Group F.
15.08.250 Section 903.2.7 amended – Group M.
15.08.252 Section 903.2.8.5 added – Manufactured Homes.
15.08.255 Reserved
15.08.260 Section 903.2.9 amended – Group S-1.
15.08.270 Section 903.2.9.1 amended – Repair garages.
15.08.280 Section 903.2.10 amended – Group S-2.
15.08.290 Section 903.2.11.3 amended – Multi-story buildings and buildings 55 feet or more in height.
15.08.300 Section 903.3.1.2.3 added – Attics
25 15.08.310 Section 903.3.10 added – Fire sprinkler control room.
15.08.320 Section 903.6 added – Existing buildings.
15.08.321 Section 905.5.3 deleted – Class II system 1-inch hose.
15.08.325 Section 907.2.1 amended – Group A.
15.08.326 Section 907.2.8.1 amended – Manual fire alarm systems.
15.08.327 Section 907.2.9.1 amended – Manual fire alarm systems.
15.08.330 Section 907.9 added – Fire alarm control room.
15.08.335 Reserved
15.08.340 Section 1202.4.4 amended – Flood hazard.
15.08.350 Section 1402.6 amended – Flood resistance.
15.08.360 Reserved
15.08.370 Reserved
15.08.371 Section 1512.1 amended – General.
15.08.380 Section 1603.1 amended – General.
15.08.390 Section 1603.1.7 amended – Flood design data.
15.08.400 Table 1607.1 amended – Minimum Uniformly Distributed Live Loads and Minimum Concentrated Live Loads.
15.08.410 Section 1608.2 amended – Ground snow loads.
15.08.420 Reserved
15.08.430 Reserved
15.08.440 Section 1612 amended – Flood Loads.
15.08.450 Section 1704.2.5.1 amended – Fabricator approval.
15.08.460 Section 1705.6 amended – Soils.
15.08.465 Section 1705.7 amended – Driven deep foundations.
15.08.470 Reserved
15.08.480 Section 1704.6 amended – Structural observations.
15.08.490 Reserved
15.08.500 Section 1804.4 amended – Site grading.
15.08.510 Section 1804.5 amended – Grading and fill in flood hazard areas.
15.08.520 Section 1805.1.2.1 amended – Flood hazard areas.
15.08.530 Section 1807.1.4 amended – Permanent wood foundation systems.
15.08.540 Section 1807.1.6 amended – Prescriptive design of concrete and masonry foundation walls.
15.08.550 Section 1809.7 amended – Prescriptive footings for light-frame construction.
15.08.560 Table 1809.7 amended – Prescriptive Footings Supporting Walls of Light Frame Construction.
15.08.570 Section 1905.1.7 amended – ACI 318, Section 14.1.4.
15.08.580 Section 2304.12.2.8 amended – Wood used in retaining walls and cribs.
15.08.590 Section 3001.3 amended – Reference standards.
15.08.592 Section 3109.1 amended – General.
15.08.594 Section 3109.3 added – Protection from adjacent properties.
15.08.596 Section 3109.4 added – Pool design and construction.
26 15.08.010 Short title.
This chapter may be cited as the "Shafter Building Code."
15.08.020 Applicability.
This chapter shall apply to the construction, erection, enlargement, alteration, repair, moving, improvement, removing, conversion, demolition, and use and occupancy of every building and structure in the incorporated territory of the City of Shafter, excepting those exempted therefrom or permitted and constructed under the Shafter Building Code.
15.08.030 California Building Code – Adopted.
California Code of Regulations, Title 24, Part 2 being that portion of the 2022 Edition of the California Building Standards Code, referred to as the California Building Code, including Appendix Chapters C, I, and P as modified and amended by this chapter, is adopted by this reference into the Shafter Building Code.
Additions and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Building Code.
15.08.040 California Building Code – Provisions not adopted.
The following provisions of the California Building Code are not adopted as part of this chapter and shall not apply thereto:
A. Section 101.4.4 Property maintenance
B. Section 103 Department of Building Safety
C. Section 104.10.1 Flood hazard areas
D. Section 105.3.2 Time limitation of application
E. Section 105.5 Expiration
F. Section 110.3.12.1 Flood hazard documentation
G. Chapter 29 Plumbing Systems
Appendix Chapters NOT Adopted
Appendix A, Employee Qualifications
Appendix B, Board of Appeals
Appendix D, Fire Districts
Appendix E, Reserved
Appendix F, Rodentproofing
Appendix G, Flood-Resistant Construction
Appendix H, Signs
Appendix J, Grading
Appendix K, Group R-3 and Group R-3.1 Occupancies Protected by the Facilities of the Central Valley Flood Protection Plan Appendix L, Earthquake Recording Instrumentation
Appendix M, Tsunami-Generated Flood Hazard
Appendix N, Replicable Buildings
Appendix O, Performance-Based Application
27 15.08.050 California Building Code – Amendments – General.
The following sections of the California Building Code are amended to read as set out in this chapter.
15.08.051 Section 101.4.3 amended – Plumbing.
Section 101.4.3 is amended by deleting the last sentence.
15.08.052 Section 102.2.1 added – Flood
Section 102.2.1 is added to read as follows:
102.2.1 Flood. Where this code refers Section 1612 (Flood Loads), the user is directed to Section 15.44 (Floodplain Management) of this title for local requirements.
15.08.060 Section 105.2 amended – Work exempt from permit.
A. Section 105.2 is amended by replacing building items 1, 2, 3 and 4 to read as follows:
Building
1. One-story residential detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet (11m2). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.
2. Fences not over 7 feet (2134 mm) high. However, the Shafter Planning Department will require a variance for any fence over 6 feet high.
3. Accepted oilfield activities. The exemption does not apply where construction is part of a processing plant, refinery, cogeneration facility, or other similar activities as determined by the building official:
a. Tanks which meet API or AWWA standards and are
supported directly upon grade (grade being the final ground surface elevation of the site prior to installation of the tank) with associated foundations if the ratio of height to diameter or width in the shortest direction does not exceed two to one. This also includes the associated equipment such as piping, walkways, stairs, guardrails, handrails and ladders which are covered by the Occupational Safety and Health Administration (OSHA).
b. Processing equipment and pressure vessels which
meet API, ASME or ANSI standards and are supported directly upon grade (grade being the final ground surface elevation of the site prior to installation of the equipment or vessel) with associated foundations if the ratio of height to width in the shortest direction does not exceed one and one-half to one. This also includes the associated equipment such as piping, walkways, stairs, guardrails, handrails and ladders which are covered by OSHA.
28 c. Miscellaneous equipment which meets API, ASME or
ANSI standards and is mounted on skids or supported on flanges.
Placement of this equipment on an at-grade concrete slab or similar foundation, without attaching it to resist uplift or overturning is considered part of the exempted activity.
d. Flatwork or non-supporting concrete slabs.
e. One-story detached accessory buildings which do not
contain a workstation and are used as storage sheds, typically unattended control or electrical enclosures or gauging sheds, provided the floor area does not exceed 120 square feet (11m2). f. Oil derricks, artificial lift equipment and associated foundations.
g. Pipe racks and associated foundations, if the structure height does not exceed 8 feet (2438mm).
h. Process piping.
i. Oilfield containment walls not over four feet (1219mm) measured from the bottom of the footing to the top of the wall.
Exemption from a building permit does not abrogate the
responsibility for obtaining clearance or permits from any other entity having jurisdiction over oil field activities. Construction of new or modifications to existing office buildings or any building intended for human occupancy are not exempt. HVAC replacements, or any other electrical or mechanical alteration or replacement that is subject to the California Energy Efficiency Standards are not exempt.
4. Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall.
EXCEPTIONS:
a. Supporting a surcharge or impounding Class I, II or IIIA liquids. b. Walls retaining soils within a 2:1 (horizontal to vertical) slope of the lowest finished grade at property line shall be constructed from 6-inch minimum nominal thickness
masonry or concrete, unless a permitted retaining wall
or otherwise exempt retaining wall is protecting the
property line. Other construction materials may be
approved on a case by case basis by the building
official.
Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for any exempted items.
15.08.070 Section 107.3.1 amended – Approval of construction documents.
Section 107.3.1 is amended by replacing the first sentence to read as follows:
29 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved.”
The remainder of the paragraph remains unchanged.
15.08.080 Section 110.3.3 amended – Lowest floor elevation.
Section 110.3.3 is amended to read as follows:
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of concrete forms for the lowest floor, including the basement, and prior to placement of concrete or any further vertical construction, the elevation certificate required in Chapter 15.44 shall be submitted to and approved by the building official. Wherever this code refers to flood or flood hazard areas, the user is directed to Chapter 15.44.
15.08.090 Section 110.3.6 amended – Lath, gypsum board and gypsum panel product inspection.
Section 110.3.6 is amended by deleting the exception
15.08.100 Section 110.5.1 added – Inspection record card.
Section 110.5.1 is added to read as follows:
110.5.1 Inspection record card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. The card and approved plans shall be maintained available by the permit holder until final approval has been granted by the building official.
15.08.101 Section 110.7 added – Special inspection registration.
Section 110.7 is added to read as follows:
110.7 Special inspection registration. Any person who acts in the capacity of a Special Inspector as defined in Chapter 2 of this code for any project within the City of Shafter requiring special inspections as outlined in Chapter 17 must be registered with the City of Shafter to act in such capacity. In order to be registered, a person must pay a registration fee as established by the City Council and demonstrate to the satisfaction of the building official, or his or her designee, that he or she is qualified to perform those types of special inspections for which he or she is registered. Upon registration, a registration card will be issued to the individual by the building official, or his or her designee. Registration may be revoked for due cause as determined by the building official, or his or her designee.
15.08.110 Section 406.3.2.1 amended – Dwelling unit separation.
30 Section 406.3.2.1 is amended by replacing the first two sentences to read as follows:
406.3.2.1 Dwelling unit separation. If the building is equipped with an automatic residential fire sprinkler system, the private garage shall be separated from the dwelling unit and its attic area by means of a minimum of ½- inch (12.7 mm) gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch (15.9mm) Type X gypsum board or equivalent and ½-inch (12.7 mm) gypsum board applied to structures supporting the separation from the habitable rooms above the garage. If the building is not equipped with an automatic residential fire sprinkler system, the private garage shall be separated from the dwelling unit and its attic area by means of a minimum of 5/8-inch Type X gypsum board or equivalent applied to the garage side, and to structures supporting the separation.
The remainder of this paragraph remains unchanged.
15.08.120 Reserved
15.08.130 Reserved
15.08.140 Reserved
15.08.150 Reserved
15.08.160 Section 802.4 amended – Applicability.
Section 802.4 is amended to read as follows:
802.4 Applicability. For buildings in flood hazard areas as established in 15.44.080, interior finishes, trim, and decorative materials below the elevation of the base flood plus one foot (BFE+1.0 ft) shall be flood-damage resistant materials.
15.08.170 Section 903.2.1 amended – Group A.
Section 903.2.1 is amended to read as follows:
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building containing a Group A-1, A-2, A-3 or A-4 occupancy. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5.
15.08.180 Section 903.2.1.1 amended - Groups A-1, A-3, and A-4.
Section 903.2.1.1 is amended to read as follows:
31 903.2.1.1 Groups A-1, A-3 and A-4. An automatic sprinkler system shall be provided for Group A-1, A-3 and A-4 occupancies.
EXCEPTIONS:
1. Assembly rooms or spaces with a cumulative area less than 1,000 square feet (93 m2) and located on a level of exit discharge where no alcohol is consumed, and a fire alarm is installed when required by Section 907.2.1.
2. A Group A-3 occupancy with a fire area that does not exceed 5,000 square feet (464.5 m2), an occupant load less than 100, the A-3 is located on the level of exit discharge and the building contains a fire alarm as required by Section 907.2.1.
15.08.190 Reserved
15.08.200 Section 903.2.1.3 deleted – Group A-3.
Section 903.2.1.3 is deleted.
15.08.210 Section 903.2.1.4 deleted – Group A-4.
Section 903.2.1.4 is deleted.
15.08.220 Section 903.2.2.1 added – Group B.
Section 903.2.2.1 is added to read as follows:
903.2.2.1 Group B. An automatic sprinkler system shall be provided throughout buildings containing a Group B occupancy where one of the following conditions exists:
1. A Group B fire area exceeds 10,000 square feet (929 m2);
2. A Group B fire area is located more than three stories above grade plane; or
3. The combined area of all Group B fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
15.08.230 Section 903.2.3 amended – Group E.
Section 903.2.3, Item 1 is amended to read as follows:
1. Throughout all Group E fire areas greater than 10,000 square feet (929 m2) in area.
15.08.240 Section 903.2.4 amended – Group F.
Section 903.2.4 is amended to read as follows:
903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists:
32 1. A Group F fire area exceeds 10,000 square feet (929 m2);
2. A Group F fire area is located more than three stories above grade plane; or
3. The combined area of all Group F fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. A Group F-1 occupancy used for cannabis cultivation, processing or extraction.
15.08.250 Section 903.2.7 amended – Group M.
Section 903.2.7, Item 1 is amended to read as follows:
1. A Group M fire area exceeds 10,000 square feet (929 m2).
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. A Group M fire area is used for retail of cannabis or cannabis products.
15.08.252 Section 903.8.5 added – Manufactured Homes.
Section 903.2.8.5 is added to Chapter 9 of the Shafter Fire Code to read as follows:
903.2.8.5 Manufactured Homes. An automatic sprinkler system shall be installed in new manufactured homes, as defined in Health and Safety Code Sections 18007 & 18009, and multiple family manufactured homes with two dwelling units, as defined in Health and Safety Code Section 18008.7, in accordance with Title 25 of the California Code of Regulations.
15.08.255 Reserved
15.08.260 Section 903.2.9 amended – Group S-1.
Section 903.2.9, Item 1 is amended to read as follows:
1. A Group S-1 fire area exceeds 10,000 square feet (929 m2);
15.08.270 Section 903.2.9.1 amend repair garages.
Section 903.2.9.1 is amended to read as follows:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with the Shafter Building Code, as follows:
1. Buildings with a fire area containing a repair garage exceeding 10,000 square feet (929 m2).
33 2. Buildings with a repair garage servicing vehicles parked in the basement.
3. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).
15.08.280 Section 903.2.10 amended – Group S-2.
Section 903.2.10 of the California Building Code is amended to read as follows:
903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout buildings classified as a Group S-2 occupancy where one of the following conditions exist:
1. A Group S-2 fire area exceeds 10,000 square feet (929 m2).
2. Where an enclosed parking garage is located beneath other occupancy groups.
3. The combined area of all Group S-2 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
15.08.290 Section 903.2.11.3 amended – Multi-story buildings and buildings 55 feet or more in height.
Section 903.2.11.3 is amended to read as follows:
903.2.11.3 Multi-story buildings and buildings 55 feet or more in height. An automatic sprinkler system shall be installed throughout buildings more than 3 stories in height or with a floor level having an occupant load of 30 or more that is located 55 feet (16,764 mm) or more above the lowest level of fire department vehicle access.
15.08.300 Section 903.3.1.2.3 amended – Attics.
Section 903.3.1.2.3, Item 3 is amended to read as follows:
3. Attics not required by Items 1 or 2 to have sprinklers shall comply with one of the following if the building is more than two stories in height:
3.1 Provide automatic sprinkler system protection.
3.2 Construct the attic using noncombustible materials.
3.3 Construct the attic using fire-retardant-treated wood complying with Section 2303.2 of the International Building Code.
3.4 Fill the attic with noncombustible insulation.
15.08.310 Section 903.3.10 added – Fire sprinkler control room.
Section 903.3.10 is added to read as follows:
903.3.10 Fire sprinkler control room. When an automatic fire sprinkler system is installed in a building constructed for multiple tenants and the system protects multiple tenant spaces, the main controls, risers, gauges and appurtenances shall be located in an attached room or enclosure with access only
34 from an exterior door which has a minimum size of 3’0” wide and 6’8” high. The equipment required to be in the fire sprinkler control room shall be located in the fire alarm control room when one is required in accordance with Section 907.9.
15.08.320 Section 903.6 added – Existing buildings.
Section 903.6 is added to read as follows:
903.6 Existing buildings. In other than Group U occupancies, when the floor area of an existing building is increased and the total floor area exceeds ten thousand (10,000) square feet (929 m2) before or after the addition, or is otherwise required to be equipped with an automatic sprinkler system in accordance with this code, an automatic sprinkler system shall be installed throughout the entire building.
EXCEPTIONS:
1. If new or existing fire areas are clearly established within the limits of this code and approved by the Fire and Building Official.
2. Where a fire wall of 4 hour fire- resistance-rated
construction without openings is installed to separate
the new and existing portions of the building, only the new portion need comply.
15.08.321 Section 905.5.3 deleted – Class II system 1-inch hose.
Section 905.5.3 is deleted.
15.08.325 Section 907.2.1 amended – Group A.
Section 907.2.1 is amended as follows:
The first paragraph is amended to read as follows:
907.2.1 Group A. A manual alarm system that activates the occupant notification system in accordance with 907.5 shall be installed in all Group A occupancies.
The Exception is deleted.
15.08.326 Section 907.2.8.1 amended – Manual fire alarm systems.
Section 907.2.8.1 is amended by deleting Exception 2.
15.08.327 Section 907.2.9.1 amended – Manual Fire Alarm Systems.
Section 907.2.9.1 is amended by deleting Exception 2.
15.08.330 Section 907.9 added – Fire alarm control room.
Section 907.9 is added to read as follows:
35 907.9 Fire alarm control room. When a fire alarm system is installed in a building constructed for multiple tenants and the system protects multiple tenant spaces, the fire alarm control panel and appurtenances shall be located in an attached room or enclosure with access only from an exterior door which has a minimum size of 3’0” wide and 6’8” high. The equipment required to be in the fire alarm control room shall be located in the fire sprinkler control room when one is required in accordance with Section 903.3.10.
15.08.335 Reserved
15.08.340 Section 1202.4.4 amended – Flood hazard areas.
Section 1202.4.4 is amended to read as follows:
1202.4.4 Flood hazard area. For buildings in flood hazard areas as established in 15.44.080 of the Ordinance Code, the openings for under-floor ventilation shall be deemed as meeting the flood opening requirements of ASCE 24 provided that the ventilation openings are designed and installed in accordance with ASCE 24.
15.08.350 Section 1402.6 amended – Flood resistance.
Section 1402.6 is amended to read as follows:
1402.6 Flood resistance. For buildings located in flood hazard areas as established in 15.44.080 of the Ordinance Code, exterior walls and floors extending below the elevation of the base flood plus one foot (BFFE+1.0 ft) shall be resistant to damage from flood water. Wood shall be pressure-preservative treated in accordance with AWPA U1 for the species, product and end use using a preservative listed in Section 4 of AWPA U1 or decay-resistant heart-wood of redwood, black locust or cedar.
15.08.360 Reserved
15.08.370 Reserved
15.08.371 Section 1512.1 amended – General
Section 1512.1 is amended by adding the following paragraph:
New roof covering shall not be applied without first obtaining a permit and written approval from the building official. A final inspection and approval shall be obtained from the building official when reroofing is completed. The building official shall limit the number of layers which may be applied to the roof without stripping the existing roofing consistent with the California Building Code.
If the proposed reroof results in a net increase of more than 3 pounds per square foot, a roof framing plan shall be provided to verify structural adequacy.
15.08.380 Section 1603.1 amended – General.
36 Section 1603.1, Exception 5 is amended to read as follows:
5. Flood design data, if located in flood hazard areas established in
15.44.080 of the Ordinance Code.
15.08.390 Section 1603.1.7 amended – Flood design data.
Section 1603.1.7 is amended by replacing the first sentence to read as follows:
1603.1.7 Flood Design Data. Buildings and structures located in whole or in part in flood hazard areas as established by 15.44.080 of the Ordinance Code, the documentation pertaining to design shall be included and the following information, referenced to the datum on the community’s Flood Insurance Rate Map (FIRM), shall be shown:
15.08.400 Table 1607.1 amended – Minimum Uniformly Distributed Live Loads and Minimum Concentrated Live Loads.
Table 1607.1, Line 4 of item 25 of the California Building Code is revised to read as follows:
Habitable attics and sleeping rooms - 40 psf
The remainder of item 26 of this table remains unchanged.
15.08.410 Section 1608.2 amended – Ground snow loads.
Section 1608.2 of the California Building Code is amended by adding the following paragraph:
If no statistical analysis of data is available, ground snow loads, based on site elevations, may be assumed as follows:
Elevation (feet) Ground Snow Load pg (psf)
0 - 3500 0
3500 - 4000 20
4000 - 5000 30
5000 - 6000 40
6000 - 7000 60
7000 - 8000 80
15.08.420 Reserved
15.08.430 Reserved
15.08.440 Section 1612 amended – Flood Loads.
Section 1612 is amended to read as follows:
Section 1612 Geological or Flood Hazard. If, in the opinion of the building official, a structure to be used for human habitation or occupancy is
37 proposed to be located such that it would be subject to geological or flood hazard to the extent that it would endanger human life safety, a permit to construct shall be denied, unless corrective work satisfactory to the building official can be done to eliminate or sufficiently reduce the hazard. No structures shall be permitted where expressly prohibited under the Shafter Municipal Code or Chapter 15.44 of the Ordinance Code.
The building official, in formulating his opinion as to the extent of the hazard, may take into consideration such data as is available from federal, state, and local agencies, and other City or County departments having information and knowledge relative to such hazardous conditions. He may require applicants to furnish geological and/or engineering studies, reports, and recommendations for corrective work sufficient to establish the safety of the proposed structure, and for which a qualified registered geologist or engineer shall assume full responsibility.
15.08.450 Section 1704.2.5.1 amended – Fabricator approval.
Section 1704.2.5.1 is amended by adding a paragraph to read as follows:
EXCEPTION: The building official may accept fabricators approved by other authorized agencies with established programs such as City of Los Angeles Building and Safety. Fabricators approved by agencies such as the City of Los Angeles shall be considered approved.
15.08.460 Section 1705.6 amended – Soils.
Section 1705.6 is amended by adding a paragraph to read as follows:
During earthwork excavations, grading and filling operations, the special inspector shall determine that proper materials and procedures are used to satisfy requirements of Chapter 18 of the building code and Chapter
15.28 of the Ordinance Code.
15.08.465 Section 1705.7 amended – Driven deep foundations Section 1705.7 is amended by adding the following paragraph to read as follows:
Unless otherwise required by the Registered Design Professional or the geotechnical report, periodic inspection may be provided for driven foundations that do not exceed 8 feet in depth supporting nonbuilding structures.
15.08.470 Reserved
15.08.480 Section 1704.6 amended – Structural observations.
Section 1704.6 is amended by revising the first paragraph to read as follows:
1704.6 Structural observations. Where required by the provisions of Section 1704.6.1, the owner shall employ a structural observer to perform
38 structural observations as defined in Section 202. The structural observer shall be either the registered design professional responsible for the structural design, or a registered design professional designated by the registered design professional responsible for the structural design
15.08.490 Reserved
15.08.500 Section 1804.4 amended – Site Grading.
Section 1804.4 is amended to read as follows:
1804.4 Site grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than a 2 percent slope for a minimum distance of 10 feet (3048 mm) measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet (3048 mm) of horizontal distance, a 2 percent slope shall be provided to an approved alternate method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 1 percent where located within 10 feet (3048 mm) of the building foundation. Impervious surfaces within 10 feet (3048 mm) shall be sloped a minimum of 1 percent away from the build EXCEPTIONS:
1. Where climatic or soil conditions warrant, the slope of the ground away from the building foundation is permitted to be reduced to not less than 1 percent.
2. Impervious surfaces shall be permitted to be sloped less than 2 percent where the surface is a door landing or ramp that is required to comply with Section 1010.1.5, 1012.3 or 1012.6.1.
The procedure used to establish the final ground level adjacent to the foundation shall account for additional settlement of backfill.
15.08.510 Section 1804.5 amended – Grading and fill in flood hazard areas.
Section 1804.5 is amended to read as follows:
1804.5 Grading and fill in flood hazard areas. In flood hazard areas established in Section 15.44.080 of the Ordinance Code, grading and/or fill shall not be approved:
1. Unless such fill is placed, compacted and sloped to minimize shifting, slumping and erosion during the rise and fall of flood water and, as applicable wave action.
2. In floodways, unless it has been demonstrated through hydrologic and hydraulic analysis performed by a registered design professional in accordance with standard engineering practice that the proposed grading or fill or both will not result in any increase in the flood levels during the occurrence of the base flood discharge.
3. Where base flood elevations are specified but floodways have not been designated, unless it has been demonstrated that the cumulative
39 effect of the proposed flood hazard area encroachment, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 1 foot (305 mm) at any point.
15.08.520 Section 1805.1.2.1 amended – Flood hazard areas.
Section 1805.1.2.1 is amended to read as follows:
1805.1.2.1 Flood hazard areas. For buildings and structures in flood hazard areas as established in Section 15.44.080 of the Ordinance Code, the finished ground level of an under-floor space such as a crawl space shall be equal to or higher than the outside finished ground level on at least one side of the structure.
15.08.530 Section 1807.1.4 amended – Permanent wood foundation systems.
Section 1807.1.4 is amended to read as follows:
Permanent wood foundation systems shall not be used for buildings or structures.
15.08.540 Section 1807.1.6 amended – Prescriptive design of concrete and masonry foundation walls.
Section 1807.1.6 is amended to read as follows:
Prescriptive design of foundation walls shall not be used for buildings or structures.
15.08.550 Section 1809.7 amended – Prescriptive footings for light-frame construction.
Section 1809.7 is amended by adding the following paragraphs:
Non-occupied, single story, detached wood or metal storage sheds and similar uses other than a garage or carport, may be supported on skids provided the skids are anchored to the surface, the building width does not exceed 14 feet, the building length does not exceed 40 feet, the plate height does not exceed 12 feet above grade at any point, and the maximum roof projection does not exceed 24 inches.
At the discretion of the building official, pressure treated wood posts or poles embedded in earth or in concrete footings may be used for minor accessory buildings, typically limited to 200 square feet, and nonbuilding structures.
15.08.560 Table 1809.7 amended – Prescriptive Footings Supporting Walls of Light Frame Construction.
Footnotes “c” and “g” of Table 1809.7 are deleted.
15.08.570 Section 1905.1.7 amended – ACI 318, Section 14.1.4
40 Section 1905.1.7 is amended to read as follows:
14.1.4 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
a. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. b. Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
In detached one and two-family dwellings three stories or less in height and constructed with stud-bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.
15.08.580 Section 2304.12.5 amended – Wood used in retaining walls and cribs
Section 2304.12.2.8 is amended to read as follows:
Wood shall not be used in retaining or crib walls, except for retaining walls not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, not supporting a surcharge or impounding Class I, II or III-A liquids, and not protecting a property line.
15.08.590 Section 3001.3 amended – Reference standards.
Section 3001.3 is amended to read as follows:
3001.3 Reference standards. Except as otherwise provided for in this code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to ASME A17.1/CSA B44, ASME A90.1, ASME B20.1, MH29.1, ALI ALCTV, and ASCE 24 for construction in flood hazard areas established in Section 15.44.080 of the Ordinance Code.
15.08.592 Section 3109.1 amended – General.
Section 3109.1 is amended to read as follows:
3109.1 General. The design and construction of private swimming pools, spas and hot tubs shall comply with the provisions of the International Swimming Pool and
41 Spa Code as well as the provisions of the California Health and Safety (HS) Code, known as the Swimming Pool Safety Act. These provisions are referenced and published in Chapter 31 of the California Building Code.
Exception: The administrative provisions of the California Building Code, as amended by the City of Shafter in Chapter 15.04, Building Regulations – General, shall apply to permits, fees, inspections, enforcement, and related administrative provisions for swimming pools and spas.
15.08.594 Section 3109.3 added – Protection from adjacent properties.
Section 3109.3 is added to read as follows:
3109.3 Protection from adjacent properties. Swimming pools and spas protected by the two safety devices required by Section 115922 of the Health and Safety Code, but which are not protected by an enclosure that complies with Section 115923, shall be additionally protected by an enclosure in accordance with the Health and Safety Code, Section 115923 or power-operated pool cover to prevent unsupervised access by children from adjacent properties and from the public way. This protection shall be provided by means of one of the following safety measures:
1. A non-climbable enclosure/barrier placed along the property line, or within the same property as the pool or spa, that is not less than 60 inches in height measured from grade on the side of the enclosure/barrier opposite to the pool, and which isolates the pool or the spa from adjacent properties and the public way.
The enclosure/barrier shall comply with the most stringent requirements for barriers in the International Swimming Pool and Spa Code or Section 115923 of the Health and Safety Code.
2. A power-operated pool cover that is listed as meeting the performance stands of ASTM F1346-91.
15.08.596 Section 3109.4 added – Pool design and construction.
Section 3109.4 is added to read as follows::
3109.4 Pool design and construction. Pool design and construction shall be in accordance with accepted engineering practice, shall be in conformity with applicable provisions of the adopted building, electrical, plumbing, mechanical and energy codes, and shall be structurally suitable for the soil, topographic, and geologic conditions prevailing at the construction site.
42 Section 4. Chapter 15.10, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.10, Title 15 of the Ordinance Code of the City of Shafter is hereby added to read as follows:
CHAPTER 15.10
GREEN BUILDING STANDARDS CODE
Sections:
15.10.010 Short title.
15.10.020 California Green Building Standards Code – Adopted.
15.10.030 California Green Building Standards Code –
Amendments – General.
15.10.040 Reserved
15.10.010 Short title.
This chapter may be cited as the "Shafter Green Building Code."
15.10.020 California Green Building Standards Code – Adopted.
That portion of the California Building Standards Code, 2022 edition, without amendment, is adopted by this reference into the Shafter Green Building Code
15.10.030 California Green Building Standards Code – Amendments – General.
No amendments, additions or modifications are included.
15.10.040 Reserved
43 Section 5. Chapter 15.12, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.12, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.12
MECHANICAL CODE
Sections:
15.12.010 Short title.
15.12.020 California Mechanical Code – adopted.
15.12.030 California Mechanical Code – Provisions not adopted.
15.12.040 California Mechanical Code – amendments – General.
15.12.050 Reserved
15.12.060 Reserved
15.12.070 Section 303.7.1 amended – Liquefied Petroleum Gas Appliances.
15.12.080 Reserved
15.12.010 Short title.
This chapter may be cited as the "Shafter Mechanical Code."
15.12.020 California Mechanical Code – Adopted.
California Code of Regulations, Title 24, Part 4 being that portion of the 2022 Edition of the California Mechanical Code, with appendices and standards as modified and amended by this chapter, is adopted by this reference into the Shafter Mechanical Code. To facilitate ease of use by industry and building officials, amendments, additions, and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Mechanical Code.
15.12.030 California Mechanical Code – Provisions not adopted.
The following provisions of the California Mechanical Code, are not adopted as part of the Shafter Mechanical Code, and shall not apply thereto:
A. Section 104.3.3 Time Limitation of Application
B. Section 104.4.3 – Expiration
C. Section 104.4.4 - Extensions
C. Section 104.5 - Fees
15.12.040 California Mechanical Code – Amendments – General.
The following sections of the California Mechanical Code are modified to read as set out in this chapter.
15.12.050 Reserved
15.12.060 Reserved
44 15.12.070 Section 303.7.1 amended – Liquefied Petroleum Gas Appliances.
Section 303.7.1 is amended to read as follows:
Liquefied Petroleum Gas Appliances – Liquefied petroleum gasburning appliances shall not be installed in a pit, basement, attic, or similar location where heavier-than-air-gas might collect. Appliances so fueled shall not be installed in the attic, above-grade under-floor space or basement unless such location is provided with an approved means for removal of unburned gas.
15.12.080 Reserved
45 Section 6. Chapter 15.16, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.16, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.16
PROPERTY MAINTENANCE CODE
Sections:
15.16.010 Short title.
15.16.020 International Property Maintenance Code – Adopted.
15.16.030 International Property Maintenance Code – Provisions not adopted.
15.16.040 International Property Maintenance Code – Provisions amended, or added.
15.16.050 Reserved
15.16.060 Reserved
15.16.061 Reserved
15.16.062 Reserved
15.16.070 Reserved
15.16.010 Short title.
This Chapter may be cited as the “Shafter Property Maintenance Code.”
15.16.020 International Property Maintenance Code – Adopted.
That portion of the International Property Maintenance Code, 2021 Edition, including appendix “A” and standards, as modified, and amended by this chapter, is adopted by this reference into the Shafter Property Maintenance Code. All references in this code to provisions and sections of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code, NFPA70, and International Zoning Code shall be replaced with the corresponding provisions and sections of the Shafter Building Code, the Shafter Existing Building Code, The Shafter Energy Code, The Shafter Fire Code, The Shafter Mechanical Code, The Shafter Residential Code, The Shafter Plumbing Code, and The Shafter Zoning Ordinance. All references to the International Fuel Gas Code shall be replaced with the corresponding references the Shafter Plumbing Code. All references to the “Housing Code” or “Shafter Housing Code” and “Dangerous Building Code” shall now refer to and mean the Shafter Property Maintenance Code.
15.16.030 International Property Maintenance Code – Provisions not adopted.
The following provisions of the International Property Maintenance Code, 2021 Edition, are not adopted as part of the Shafter Property Maintenance Code and shall not apply thereto:
46 Section 404.7 Food Preparation
Section 602.4 Occupiable Workspaces
Appendix B Means of Appeal
15.16.040 International Property Maintenance Code – Provisions Amended or Added.
The following sections of the 2021 International Property Maintenance Code are amended, or added to read as follows:
SECTION 101 SCOPE AND GENERAL REQUIREMENTS
Section 101.1 amended – Title
101.1 Title These regulations shall be known as the Shafter Maintenance Code, hereinafter referred to as “this code”.
15.16.050 Reserved
SECTION 102
APPLICABILITY
Section 102.1.1 added – Conflicts.
Section 102.1.1 Conflicts. In the event of a conflict between the provisions of the California Health and Safety Code, the International Property Maintenance Code, 2021 Edition, the 2022 California Building Standards Code, the Building Official shall implement the most restrictive measures cited.
SECTION 103
CODE COMPLIANCE AGENCY
Section 103.1 amended – Creation of agency.
Section 103.1 Creation of agency. The Shafter Building Department shall enforce this code and the Building Official shall be the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
SECTION 107
MEANS OF APPEAL
Section 107.3 amended – Qualifications.
Section 107.3 Qualifications. The board of appeal shall be the Shafter Board of Appeals, as established by City Council.
SECTION 108
BOARD OF APPEAL
47 Section 108.1 amended – Membership of board.
Section 108.1 Membership of board. The membership of board shall mean the members of the as established by City Council. Hearings or appeals shall be carried out by the Shafter City Council. Wherein this Code provides for hearing or acting on appeals, such function shall be carried out by the Shafter City Council.
SECTION 111
UNSAFE STRUCTURES AND EQUIPMENT
Section 111.4.3 added – Recordation of declaration of
substandard property.
Section 111.4.3 Recordation of Declaration of Substandard Property. If compliance is not had with the order within the time specified there, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified.
Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that building is no longer substandard, whichever is appropriate.
Section 111.7 amended – Placarding.
Section 111.7 Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the words “Occupancy Unsafe” and a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard.
Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the unsafe equipment.
Section 111.7.1 – amended – Placard removal.
Section 111.7.1 Placard removal. The code official shall remove the occupancy unsafe placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes an occupancy unsafe placard without the approval of the code official shall be submit to the penalties provided by this code.
Section 111.10 added – Extension of time to perform work.
Section 111.10 Extension of time to perform work. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 30 days, within which to complete said repair, rehabilitation, or demolition, if the building official determines that such
48 an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official’s authority to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect or extend the time to appeal the notice and order.
Section 111.11 added – Interference with repair or demolition Sections 111.11 Interference with repair or demolition. No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building that has been ordered repaired, vacated, or demolished under the provisions of this code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor, or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work or repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
SECTION 112
EMERGENCY MEASURES
Section 112.1 amended – Imminent danger.
Section 112.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endanger by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “Occupancy Unsafe”. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
SECTION 202
GENERAL DEFINITIONS
A. Definitions added.
“BUILDING OFFICIAL” is added and shall mean the Director of the Building Department in his or her capacity as building official or his or her designee, under any other adopted code, is necessarily intended.
“PUBLIC OFFICIAL” shall mean the Building Official, Health Officer or designees.
49 “BUILDING CODE” shall mean the Shafter Building Code, as adopted by the Code of Building Regulations.
“HEALTH OFFICER” shall mean the Health Officer of the County of Kern, Building Official, or a designated representative. “Board of Appeals” shall mean the Shafter City Council.
B. Definitions amended.
“CODE OFFICIAL” shall mean the “Building Official”.
“INOPERABLE MOTOR VEHICLE”. A vehicle that cannot be driven upon the public street for reason including but limited to being wrecked, abandoned, in as state of disrepair, or incapable of being move under its own power.
“PREMISES”. A lot, plot, or parcel of land, or easement, including any structures thereon.
“TENANT”. A person, corporation, partnership, or group, whether or not the legal owner of record, legally occupying a building or portion thereof as a unit.
“Building Code” shall mean the Shafter Building Code, as adopted by the Code of Building Regulations.
“Health Officer” shall mean the Health Officer of the County of Kern, Building Official, or a designated representative.
“Mechanical Code” shall mean the Shafter Mechanical Code, as adopted by the Code of Building Regulations.
SECTION 302
EXTERIOR PROPERTY AREAS
Section 302.4 amended – Weeds.
Section 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs provided: however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 108.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
Section 302.8 amended – Motor Vehicles.
Section 302.8 is amended by replacing the first sentence to read as follows:
50 Section 302.8 Motor Vehicles. Except as provided for in other regulations, inoperable motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.
SECTION 304
EXTERIOR STRUCTURE
Section 304.14 amended – Insect screens.
Section 304.14 Insect screens. Every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other means, such as air curtains or insect repellent fans, are employed.
SECTION 309
PEST ELIMINATION
Section 309.5 amended – Occupant.
Section 309.5 Occupant. The occupant of any structure may be responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
SECTION 404
OCCUPANCY LIMITATIONS
Section 404.7 deleted – Food preparation.
Section 404.7 Food preparation is deleted.
SECTION 602
HEATING FACILITIES
Section 602.2 amended – Residential occupancies.
Section 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilet rooms in accordance with the provisions of Section R303.10 of the Shafter Residential Code. Cooking appliances shall not be used, nor portable, unvented fuel-burning heaters be used a means to provide required heating.
51 Section 602.3 deleted – Heat supply.
Section 602.3 Heat supply is deleted.
Section 602.4 deleted – Occupiable workspaces.
Section 602.4 Occupiable workspaces is deleted.
15.16.060 Reserved
15.16.061 Reserved
15.16.062 Reserved
15.16.070 Reserved
52 Section 7. Chapter 15.20, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.20, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.20
PLUMBING CODE
Sections:
15.20.010 Short title.
15.20.020 Applicability.
15.20.030 California Plumbing Code – Adopted.
15.20.040 California Plumbing Code – Provisions not adopted.
15.20.050 California Plumbing Code – Amendments – General.
15.20.060 Reserved
15.20.070 Section 203.0 amended – Administrative authority.
15.20.080 Section 422.2 amended – Separate Facilities
15.20.090 423.0 added – Recreational vehicle sanitation stations.
15.20.100 Reserved
15.20.110 Reserved
15.20.120 Section 609.3 – amended- Under Concrete Slab.
15.20.121 Section 1014.3.4 amended – Location
15.20.130 Reserved
15.20.140 Reserved
15.20.150 Reserved
15.20.160 Reserved
15.20.161 Reserved
15.20.170 Reserved
15.20.180 Reserved
15.20.181 Appendix I added – Installation Standards for PEX Tubing
15.20.190 Appendix M added – Swimming pool, spa and hot tub code.
15.20.010 Short title.
This chapter may be cited as the "Shafter Plumbing Code."
15.20.020 Applicability.
The Shafter Plumbing Code shall apply to new construction, relocated buildings, and to any alterations, repairs, or reconstruction of buildings in the incorporated territory of the City of Shafter.
15.20.030 California Plumbing Code – Adopted.
California Code of Regulations, Title 24, Part 5 being that portion of the 2022 Edition of the California Plumbing Code, with appendices and standards as modified and amended by this chapter, is adopted by this reference into the Shafter Plumbing Code. To facilitate ease of use by industry and building officials, amendments, additions and modifications to the California Building Standards
53 Code (made by this Chapter) are made by reference to the appropriate section of the California Plumbing Code.
15.20.040 California Plumbing Code – Provisions not adopted.
The following provisions of the California Plumbing Code are not adopted as part of the Shafter Plumbing Code and shall not apply thereto:
A. Section 104.3.3 – Time Limitation of Application
B. Section 104.4.3 – Expiration
C. Section 104.4.4 -- Extensions
D. Section 104.5 -- Fees
15.20.050 California Plumbing Code – Amendments – General.
The following sections are modified to read as set out in this chapter.
15.20.060 Reserved
15.20.070 Section 203.0 amended – Administrative authority.
Section 203.0 is amended to include the following definition:
Administrative Authority. The administrative authority is the Director of the Development Services Agency or his designee.
15.20.080 Section 422.2 amended – Separate Facilities
Section 422.2, Exception (3) is amended to read as follows:
(3) In business and mercantile occupancies with a total occupant load of 25 or less, including customers and employees, one toilet facility, designed for use by no more than one person at a time, shall be permitted for use by all genders.
15.20.090 423.0 added – Recreational vehicle sanitation stations.
Section 423.0 is added to read as follows:
Section 423.0 Recreational Vehicle Sanitation Stations.
1. Where required. Where a trailer sanitation station is installed to receive the discharge from sewage holding tanks of self-contained vehicles, it shall comply with the requirement of this section.
2. Use. Recreational sanitation stations shall be used only for receiving discharge from sewage holding tanks of self-contained vehicles.
3. Specifications. (a) Each recreational sanitation station shall be provided with a drain inlet not less than four (4) inches in diameter, discharging into a trap not more than twenty-four (24) inches below the drain inlet. The drain inlet shall be equipped with hinged cover which shall effectively close the drain inlet when not in use. (b) Each drain inlet shall discharge into a drainage lateral not less than four (4) inches in diameter connected to a public sewer or an approved private sewage disposal
54 system. (c) The drain inlet of each station shall be set in a concrete drain receptor not less than three and one-half (3 1/2) inches in thickness and not less than two (2) feet horizontally from the drain inlet to the inside of the surrounding curb. The surrounding curb shall be at least four (4) inches wide and two (2) inches above the floor of the receptor. The inside surface of the drain receptor shall be smooth finished concrete and shall slope a minimum of one-fourth (1/4) inch per foot from the bottom of the curb to the lip of the drain inlet.
4. Flushing. Water under pressure shall be provided to each recreational sanitation station. A three-fourths (3/4) inch water hose connection shall be installed at each recreational sanitation station to allow connection of a hose for wash-down operation. An approved backflow preventer shall be installed in the water service pipe. Provisions shall be made to store the wash-down hose off the ground.
5. Warning sign. (a) A warning sign shall be located immediately adjacent to the hose connection and shall read: "DANGER UNSAFE WATER. Use this hose to flush holding tank and drain receptor ONLY." (b) The warning sign shall be not less than eighteen (18) inches by twenty-four (24) inches and lettered in minimum size of not less than one (1) inch lettering in a color contrasting with the background.
6. Operating Instructions. A sign providing operating
instructions shall be posted at each recreational sanitation station.
15.20.100 Reserved
15.20.110 Reserved
15.20.120 Section 609.3 – amended – Under Concrete Slab.
A. Section 609.3 is amended as follows:
609.3 No water piping shall be installed within a concrete floor slab on grade or in the ground under a concrete floor slab of a building.
Exception: In areas above one thousand (1,000) feet and/or areas subject to freezing for prolonged periods, or when necessary due to structural conditions, water piping may be installed in approved chases, sleeves, or ducts in accordance with the following requirements.
1. All water piping to be chased, sleeved or ducted the entire length and chases, sleeves or ducts shall extend a minimum of six (6) inches above grade.
2. Copper tubing shall be installed without joints where possible.
Where joints and/or fittings are permitted, the joints shall be brazed and fittings shall be wrought copper.
Other alternate methods may be allowed but must be submitted and approved by the administrative authority prior to installation.
B. Section 609.11 - Water Hammer. This section of the code is adopted for use in Shafter for use in all occupancies.
55 15.20.121 Section 1014.3.4 amended – Location
Section 1014.3.4 is amended to read as follows:
1014.3.4 Location. Each grease interceptor shall be so installed and connected that is shall be easily accessible for inspection, cleaning and removal of the intercepted grease. A gravity grease interceptor in accordance with IAPMO Z1001, shall not be installed inside a building. Location of the grease interceptor shall meet the approval of the Authority Having Jurisdiction.
15.20.130 Reserved
15.20.140 Reserved
15.20.150 Reserved
15.20.160 Reserved
15.20.161 Reserved
15.20.170 Reserved
15.20.180 Reserved
15.20.181 Appendix I - Installation Standards for PEX Tubing
15.20.190 Appendix M added – Swimming pool, spa and hot tub code.
Appendix M is added to read as follows:
M1. Swimming pool wastewater shall be disposed of as
hereinafter set forth in this section and the type of disposal proposed shall be approved by the administrative authority prior to the commencement of any work.
A means of disposal of the total contents of the pool (periodic emptying) without surface runoff shall be established to the satisfaction of the administrative authority.
M2. Except as provided in M3, when a public sewer or storm drain of adequate capacity is available for use, swimming pool wastewater shall be discharged there into only after permission is obtained in writing from the proper authority to do so. A copy of such permission stating the specific requirements, shall accompany any applications for a permit made to the Administrative Authority.
M3. Where space and conditions are such that no hazard, nuisance, or unsanitary condition is evidenced, swimming pool wastewater may be used for irrigation by surface or subsurface spreading.
M4. When no other means of wastewater disposal is available, a drywell may be installed. Each such drywell shall be constructed in the manner described for cesspools in Appendix H of this Code, and drywells receiving only filter backwash shall have a capacity of at least twice the amount of effluent
56 discharged during one normal backwash operation, but shall in no case have less than a five (5) foot (1.5 m) vertical sidewall. When pool emptying or other drains are proposed the size and leaching capacity of such drywell shall be proportionately increased to the satisfaction of the Administrative Authority. No wastewater other than that from swimming pool shall discharge into any such drywell, and no wastewater from any swimming pool shall discharge into a private sewage disposal system.
M5. No direct connection shall be made between any storm drain, sewer, drainage system, drywell, or subsoil irrigation line and any line connected to a swimming pool.
M6. Wastewater from any filter, scum gutter overflow, pool emptying line, or similar apparatus or appurtenance shall discharge into an approved type receptor. The flood level rim of each such receptor shall be at least six (6) inches (152.4 mm) above the flood level of the adjacent ground. Each such receptor, when permitted to be connected to any part of a drainage system, shall be provided with a three (3) inch (76.2 mm) trap.
M7. Except as provided in M8, the discharge outlet terminal from any pool or filter shall be protected from backflow by an air gap at least six (6) inches (152.4 mm) above the flood rim of the receptor.
M8. No scum gutter drain, overflow drain, backwash discharge drain, or pool emptying line shall enter any receptor below the rim unless the pool piping at its deepest point, the bottom of the filters, and the bottom of the scum gutter drain trough or overflow inlets are at least six (6) inches (152.4 mm) above the overflow rim of the receptor
M9. A positive point of potable water supply to each swimming pool shall be established and shall be installed as required by Chapter 6 of this Code.
M10. Plans for other than private swimming pools shall be approved by the health officer before any water supply or waste discharge permit is issued.
M11. All swimming pools shall be equipped with a filtration system which shall be installed in conformance with standards established by the administrative authority, which filtration system will permit the reuse of the water in swimming pools for a period of not less than one (1) year.
For purposes of this section, a swimming pool is defined as a portable or permanent artificial basin, chamber, or tank which when filled with water to overflow contains more than one thousand (1,000) gallons or is over two (2) feet in depth at any point.
M12. A private wading pool is exempt from the forgoing
requirements, but must be maintained in a sanitary condition. For purposes of this section, a private wading pool is defined as a portable or permanent artificial basin, chamber, or tank maintained by an individual for wading by small children which when filled with water to overflow contains less than one thousand (1,000) gallons and does not exceed two (2) feet at any point.
M13. Recirculating water for swimming pools shall be constructed and installed under the same standards and requirements as potable water piping.
57 Section 8. Chapter 15.24, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.24, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.24
ELECTRICAL CODE
Sections:
Article I. General Provisions
15.24.010 Short title.
15.24.020 Definitions.
15.24.030 Applicability.
15.24.040 Qualified electrician required.
15.24.050 Special residential requirements.
Article II. National Electrical Code
15.24.060 National Electrical Code – Adopted.
15.24.070 National Electrical Code – amendments – General.
15.24.080 Section 250.50 amended – Grounding electrode system.
Article III. Administration
15.24.090 Permits required.
15.24.100 Separate permits required – Exceptions.
15.24.110 Board of Appeals.
15.24.120 Application and fee for permit.
15.24.130 Penalty fees.
15.24.140 Plans and specifications.
15.24.150 Plans and specifications – Requirements.
15.24.160 Plans and specifications – Minor additions.
15.24.170 Permit issuance.
Article IV. Inspection
15.24.180 Inspection of work required.
15.24.190 Pre-inspection – Prohibited acts.
15.24.200 Temporary use and connection.
15.24.210 Inspection – Requirements.
15.24.220 Inspection – Right of entry.
Article V. Enforcement
15.24.230 Enforcement – Stop orders.
15.24.240 Enforcement – Disconnection.
Article VI. Electrical Maintenance Permit
15.24.250 Electrical maintenance permit.
15.24.260 Electrical maintenance permit – Work not qualifying.
58 15.24.270 Electrical maintenance permit – Industrial work qualifying.
15.24.280 Electrical maintenance permit – Exempted oilfield work.
15.24.290 Electrical maintenance permit reports – Dates due.
15.24.300 Electrical maintenance permit – Cancellation.
Article I. General Provisions
15.24.010 Short Title.
This chapter may be cited as the "Shafter Electrical Code."
15.24.020 Definitions.
For the purpose of this chapter, certain terms used herein or in the adopted code, shall have the meaning given in this section, except as expressly provided otherwise in this title.
A. "Building Official" and "Chief Electrical Inspector" means the Director of the Building Department of the City of Shafter, or his or her designee.
B. "Board of Appeals" means the Shafter board of building appeals, as established by the Shafter Municipal Code.
C. "Building Inspection Department" and "Department" mean the Building Inspection Division, as established by the Shafter Municipal Code.
D. "Director" means the director of the Building Department of the City of Shafter, or his designee.
E. "Qualified electrician" means one who: (1) is a licensed (C-10) electrical contractor, or (2) has demonstrated by examination or interview his qualifications and competency to perform electrical work under supervision of a licensed (C-10) electrical contractor. A qualified electrician may not transfer his certification to another person.
15.24.030 Applicability.
A. The Shafter Electrical Code shall apply to all electrical wiring and electrical equipment which are installed and used in the incorporated territory of the City of Shafter.
B. This chapter does not apply to electrical wiring in:
1. Buildings owned or controlled by the federal or state government;
2. Signal or communication equipment, including building wiring of an interstate railroad;
3. Facilities of an electrical public utility, including:
a. Any generating plant, receiving station, switching
station, or distribution station,
b. Supply lines,
c. Overhead service drops and underground service
laterals,
d. Metering equipment;
59 4. Facilities of a communication public utility where the wiring supplies electricity to communications apparatus, including lighting;
5. The facilities for the production, generation, storage or transmission of water or electrical energy by a local agency. Local agency means an agency of the state of California for the local performance of governmental or proprietary functions within limited boundaries.
6. The building official may apply California Public Utilities Commission rules and regulations or other appropriate recognized standards to commercial, privately owned, power generation and transmission facilities.
15.24.040 Qualified electrician required.
No person shall install, alter or repair electrical wiring unless he is qualified, except that:
A. A property owner may do electrical work on his own property; B. A homeowner or a member of his immediate family may do electrical work on his residence.
15.24.050 Special residential requirements.
In dwelling occupancies, the overhead service entrance conduit shall be rigid metallic conduit, when required by the serving utility.
Article II. National Electrical Code
15.24.060 California Electrical Code – Adopted.
California Code of Regulations, Title 24, Part 3 being that portion of the 2022 Edition of the California Electrical Code as modified and amended by this chapter, is adopted by this reference into the Shafter Electrical Code. To facilitate ease of use by industry and building officials, amendments, additions and modifications to the California Building Standards Code (made by this Chapter) are made by reference to the appropriate section of the California Electrical Code.
15.24.070 California Electrical Code – Amendments – General.
The following sections are modified to read as set out in this chapter.
15.24.080 Section 250-50 amended – Grounding electrode system.
Subsection 250-50 is amended by adding the following sentence:
On new construction, where reinforced concrete footings are placed, a grounding electrode complying with Article 250.52 (A)(3) shall be installed.
Article III. Administration
60 15.24.090 Permits required.
It shall be unlawful for any person, firm, corporation, owner of the land, or possessor to install, energize, re-energize, use or maintain any electrical equipment or wiring system within or on any building, structure, or premises within the jurisdiction of the enforcing official, nor shall any alteration or addition be made thereto, without first securing a permit therefor from the building official, with the following exceptions:
A. Minor repair work, the replacement of lamps or the connection of portable electrical equipment to suitable permanently installed receptacles; B. Electrical wiring expressly exempted from this chapter; (see Section
15.24.030);
C. Re-energization of a meter and/or service where the meter and/or the service drop or lateral has not been removed or disconnected.
15.24.100 Separate permits required – Exceptions.
A separate permit shall be required for electrical installations, alteration, reconstruction or repair of electrical wiring or application in each building, except that the permit covering a main building for a dwelling occupancy may include electrical wiring for an accessory building having a floor area of one thousand (1,000) square feet or less, located on the same premises as the main building, and supplied from the main building.
15.24.110 Board of Building Appeals.
Section 15.04.160 of the Ordinance Code shall apply to appeals.
15.24.120 Application and fee for permit.
Applications for permits shall be made on forms provided by the building official and the permit fee shall be paid at the time the application is filed. The fee shall be established by the City Council and set by City Resolution.
15.24.130 Penalty fees.
Any person who commences any electrical work for which a permit is required, without first having obtained a permit therefor, shall pay double the permit fee.
This section shall not apply if in the opinion of the building official it was for emergency work when such work was urgently necessary and it was not practical to obtain a permit before commencement of the work. In all cases, a permit must be obtained as soon as it is practical, and if there is unreasonable delay in obtaining the permit, a double fee as herein provided shall be charged.
15.24.140 Plans and specifications.
Each application for a permit shall be accompanied by plans and specifications or by a suitable diagram subject to approval by the building official.
15.24.150 Plans and specifications – Requirements.
61 Plans, specifications, computations and other data shall be prepared by persons properly authorized by the state of California. The plans and specifications submitted with permit applications shall be subject to the following conditions:
A. The information contained on the plans shall be clearly legible. No plan for electric wiring in a building shall be in scale less than one-eight (1/8) inch to one (1) foot.
B. Two (2) sets of plans and specifications shall be filed for checking when the application is submitted at the Shafter office of the department. Three (3) sets of plans and specifications shall be filed for checking when the application is submitted at any other office of the department. If the building official finds that the work described in the plans and specifications conform to the requirements of this Code and other pertinent laws and ordinances, one (1) set shall be approved and returned to the applicant; the other approved set(s) shall be retained by the department for field checking.
C. If the plans or specifications do not comply with all provisions of this code, the necessary changes or revisions shall be made thereto by the person who originally drew the plan or his duly authorized agent.
D. Plans and specifications on file with the department may only be inspected pursuant to Health and Safety Code 19850 et seq.
15.24.160 Plans and specifications – Minor additions.
If an application for permit is filed for work involving wiring or electrical applications which constitute minor "installations" or alterations to an existing electrical system, the building official may waive the requirements for plans and specifications.
15.24.170 Permit issuance.
A. The application, plans, specifications, computations and other data filed by the applicant for permit shall be reviewed by the building official. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified herein have been paid, he shall issue a permit therefor to the applicant.
B. When the building official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the approved plans.
Article IV. Inspection
15.24.180 Inspection of work required.
All electrical work and wiring installed under a permit shall be inspected and approved by the department before it is concealed, energized, placed in service, or used.
62 15.24.190 Pre-inspection – Prohibited acts.
A. No person shall use or energize electrical work or wiring installed under permit, or allow its use or energizing, until it has been inspected and approved by the department.
B. No utility or service agency shall supply electrical energy, or cause it to be supplied, to electrical equipment or to a wiring system which has not been inspected and approved unless temporary connections are authorized by the department.
C. No utility or service agency shall supply electrical energy, or cause it to be supplied, to electrical equipment or wiring systems where the meter and/or service drop or lateral has been removed or disconnected until it has been inspected and approved by the department.
15.24.200 Temporary use and connection.
If necessary to prevent hardship and if inspection will not be impeded, temporary connection of electrical energy and use of electrical work or wiring may be authorized by the department prior to inspection and approval of the electrical work.
15.24.210 Inspection – Requirements.
A. Each obstruction which renders impracticable a complete and thorough inspection of electrical wiring shall be removed following notice to do so; wiring shall remain unobstructed until the wiring has been inspected and approved by the department.
B. If there is reasonable evidence that conductors are damaged or do not comply with code requirements, the inspector may require the conductors to be replaced or removed from raceways for inspection.
C. Fixtures, appliances, devices, and equipment shall not be connected to electric wiring until the rough wiring, including conductors, has been inspected and approved.
D. All grounding terminations shall be made up, except for attachment to devices, prior to rough electrical inspection.
E. Wiring shall be free from grounds, shorts or other defects before approval by the department.
F. Upon request of the inspector, ladders or other means suitable to aid inspections of any electrical wiring shall be provided.
15.24.220 Inspection – Right of entry.
The building official may, upon the presentation of proper credentials to the occupant or owner, enter any premises, building or structure at any reasonable time for the purpose of investigating and inspecting such premises, building or structure to determine whether the same are being used in compliance with the provisions of this title (including codes which have been adopted by reference). If admission or entry is refused, the building official may apply to obtain an inspection warrant.
63 Article V. Enforcement
15.24.230 Enforcement – Stop orders.
A. Whenever any work is being done contrary to the provisions of this code or when a hazard to life or property is created, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work.
B. No person shall fail, neglect or refuse to comply with a stop order.
15.24.240 Enforcement – Disconnection.
A. If the department determines that an electrical installation is in violation of this code, an order shall be given to the owner to correct the violation.
The order shall be in writing and shall specify the particulars in which the installation is in violation; and it shall specify a reasonable time for compliance with the order. In cases of extreme danger to life and property, the order shall further require that all persons cease using electric current throughout the installation and the installation be disconnected immediately.
B. If the violation continues to exist beyond the time fixed by the order, the Department is authorized to disconnect physically the portion of the installation in violation, or to order the serving agency to disconnect electric service to the wiring system.
C. Where a disconnection has been made by the department, a seal shall be attached to the electrical wiring at the point of disconnect.
D. When an electric wiring installation has been sealed by the department, no person shall use, cause or permit the use of the installation prior to the removal of the seal by the department.
E. No person shall break, destroy or remove a seal or tag attachment to a disconnection without the written consent of the department.
Article VI. Electrical Maintenance Permit
15.24.250 Electrical maintenance permit.
The Electrical Maintenance Permit (EMP) is an authorization for a business or industrial firm with ongoing, repetitive and routine electrical work to comply with certain minimum standards regarding the plan checking and inspection of such activity through a quarterly reporting program where:
A. A qualified electrical activity is performed by a C-10 (electrical) contractor or qualified electrician.
B. The work performed is tracked by the permittee and is reported to the department on forms provided by the building official on a quarterly basis by the business or industrial firm's designated contact person.
C. The department's inspection staff meets with the firm's contact person to perform representative spot inspections on the work performed.
15.24.260 Electrical maintenance permit – Work not qualifying.
64 A. Electrical work requiring any other type of building permit under the Code of Building Regulations shall obtain a separate electrical permit; however, if the permit is only for construction of oilfield pipe racks and/or oilfield foundations and the electrical work is otherwise applicable to the EMP it may be reported on the EMP form and a separate permit is not required.
B. Electrical work not considered appropriate to be reported on the EMP, or exempted work.
15.24.270 Electrical maintenance permit – Industrial work qualifying.
Such minor new electrical construction and/or maintenance work as:
A. All new installations and related electrical wiring used by a business or industrial firm of an ongoing, repetitive and routine nature at a new or reworked location that results in an overall net increase in horsepower at the service drop(s), or any location requiring a new or larger service drop as long as they do not exceed the limitations indicated in subsection (B) below. The qualified electrician or C-10 contractor who makes the new or reworked installation must prepare and sign a complete one (1) line load diagram of the new electrical installation after the installation is complete, and prior to submittal with the EMP report. If a standard (typical) one (1) line load diagram which matches the installation has been approved by this department a reference to the standard plan number on the EMP may be used in place of submitting the one (1) line load diagram.
B. New construction small site electrical installations (no occupancy) - used by a business or industrial firm of an ongoing, repetitive and routine nature:
All electrical equipment with a 480-volt maximum and/or 250 horsepower maximum, all transformers less than 500 KVA, and connected loads with a 250 horsepower maximum. The qualified electrician or C-10 contractor who makes the installation must prepare and sign a complete one (1) line load diagram of the new electrical installation after it is complete, and prior to submittal with the EMP report.
If a standard (typical) one (1) line load diagram which matches the installation has been approved by this department a reference to the standard plan number on the EMP may be used in place of submitting the one (1) line load diagram.
C. All electrical installations are subject to the current provisions of the Code of Building Regulations, the California Electrical Code and approval or exemption from the permit process by the Shafter Building Department.
D. Separate electrical permits are required for all other installations, unless specifically exempted herein.
15.24.280 Electrical maintenance permit – Exempted oilfield work.
The following oilfield electrical construction is exempt from the requirement for reporting on the EMP report:
A. Repair or replacement of existing electrical equipment with like or smaller equipment (like for like change-outs);
B. Relocation of pumping units or artificial lift devices to existing locations (250 horsepower maximum);
C. All overhead electrical distribution line(s) and apparatus regulated under General Order 95 (G.O. 95) 12 KV or less;
65 D. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location; E. Temporary or emergency lighting;
F. Repair or replacement of current-carrying parts of any switch, contactor or control device;
G. Repair or replacement of any over current device of the required capacity in the same location;
H. Removal of electrical wiring.
Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction.
15.24.290 Electrical maintenance permit reports – Dates due.
The quarterly EMP reports must be mailed to this department within thirty (30) days of the close of the quarters and failure to provide the report may result in the reporting party losing eligibility for future Electrical Maintenance Permits. The following chart depicts the periods covered by the quarterly reports and the deadlines for mailing the reports. Reports should be submitted to the attention of the City of Shafter Building Official, 336 Pacific Avenue, Shafter, California 93263, by first class mail or they may be turned in at any of the Building Inspection Offices.
Quarter Period Report By
1 July 1 - September 30 October 31
2 October 1 - December 31 January 31
3 January 1 - March 31 April 30
4 April 1 - June 30 July 31
15.24.300 Electrical maintenance permit – Cancellation.
Upon notice from the department that the business or industrial firm or qualified electrician is not complying with this chapter or the provisions set out in Sections
15.24.250 through 15.24.290 the Electrical Maintenance Permit may be canceled.
Any paid fees will be forfeited.
66 Section 9. Chapter 15.26, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.26, Title 15 of the Ordinance Code of the City of Shafter is hereby added to read as follows:
CHAPTER 15.26
EXISTING BUILDING CODE
Sections:
15.26.010 Short title.
15.26.020 California Existing Building Code – Adopted.
15.26.030 California Existing Building Code – Provisions not adopted
15.26.040 Flood Hazard – General References
15.26.010 Short title.
This chapter may be cited as the "Shafter Existing Building Code."
15.26.020 California Existing Building Code – Adopted.
California Code of Regulations, Title 24, Part 10 being that portion of the 2022 Edition of the California Building Standards Code, including Appendix Chapter A1, as modified and amended by this chapter, is adopted by this reference into the Shafter Existing Building Code. Additions and modifications to the California Building Standards Code are made by reference to the appropriate section of the California Existing Building Code.
15.26.030 California Existing Building Code – Provisions not adopted.
The following provisions of the California Existing Building Code are not adopted as part of this chapter and shall not apply thereto:
A. Section 103 Code Compliance Agency
B. Section 104.10.1 Flood Hazard Areas
15.26.040 Flood Hazard - General References.
Sections 104.2.1, 405.2.6, 502.3, 503.2, and 507.3 are amended as follows:
The reference to sections 1612, 1612.2 and 1612.3 shall be replaced with “Chapter 15.44 of the ordinance.”
67 Section 10. Chapter 15.28, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.28, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.28
GRADING CODE
Sections:
15.28.010 Purpose.
15.28.020 Short title.
15.28.030 Scope.
15.28.040 Permits required.
15.28.050 Hazards.
15.28.060 Definitions.
15.28.070 Grading permit requirements.
15.28.080 Grading fees.
15.28.090 Bonds.
15.28.100 Cuts.
15.28.110 Fills.
15.28.120 Setbacks.
15.28.130 Drainage and terracing.
15.28.140 Erosion control.
15.28.150 Drainage retention facilities.
15.28.160 Maintenance.
15.28.170 Grading inspection.
15.28.180 Completion of work.
15.28.010 Purpose.
The purpose of this chapter is to safeguard life, limb, property and the public welfare by regulating grading on private property.
15.28.020 Short title.
This chapter may be cited as the "Shafter Grading Code."
15.28.030 Scope.
This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.
The standards listed below are recognized standards.
A. Testing:
1. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate Mixtures;
2. ASTM D 1556, In Place Density of Soils by the Sand-Cone Method;
68 3. ASTM D 2167, In Place Density of Soils by the RubberBalloon Method;
4. ASTM D 2937, In Place Density of Soils by the Drive-Cylinder Method;
5. ASTM D 2922 and D 3015, In Place Moisture Contact and Density of Soils by Nuclear Methods.
15.28.040 Permits required.
A. Except as specified in subsection 15.28.040.B of this chapter, no person shall do any grading or cause the same to be done without first having obtained a grading permit from the building official.
B. Exempted Work:
1. When approved by the building official, grading in an isolated, self-contained area if the building official finds that no danger to private or public property can now or hereafter result from the grading operations;
2. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having unsupported height greater than five feet after the completion of such structure;
3. Cemetery graves;
4. Refuse disposal sites controlled by other regulations;
5. Excavations for wells or tunnels or utilities;
6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;
7. Exploratory excavations under the direction of soil engineers or engineering geologists;
8. An excavation for a building site which: (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one-half (1 1/2) units horizontal to one (1) unit vertical;
9. A fill which does not exceed fifty (50) cubic yards on any one site which is: (a) less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) units horizontal to one (1) unit vertical, or (b) less than three (3) feet in depth and not intended to support structures;
10. Accepted agricultural activities, including routine mowing, plowing, ditching, harrowing, disking, ridging, leveling, and other similar operations necessary to prepare a field or crop for production;
11. Accepted oilfield activities related to oilfield drilling, such as oilfield roads, drilling pads, and sumps used for drilling mud, and grading required for the setting of production equipment. This does not include access roads which lead from the public rights-of-way to the site of the oilfield activity and are covered under paragraph 12 of subsection
15.28.040(B);
69 12. Access roads with cut and fill slopes less than two (2) feet in height.
Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any grading which modifies or obstructs a natural drainage course without a grading permit.
15.28.050 Hazards.
Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter.
In the event that any excavation or embankment or fill was accomplished without obtaining the required grading permit and was existing at the time ownership changed for the property upon which the excavation or fill is located, or at the time another person or agent came into control of said property, it shall be the responsibility of the new owner, person or agent who is maintaining the excavation or fill to obtain the proper grading permit and remedy any conditions or violations which do not comply with this chapter.
15.28.060 Definitions.
For the purposes of this chapter the definitions listed hereunder shall be construed as specified in this section.
"Approval" means the proposed work or completed work conforms to this chapter in the opinion of the building official.
"Architect" means a professional architect, registered in the State to practice in the field of architecture.
"As-Graded" means the extent of surface conditions on completion of grading.
"Bedrock" means in-place solid rock.
"Bench" means a relatively level step excavated into earth material on which fill is to be placed.
"Borrow" means earth material acquired from an off-site location for use in grading on a site.
"Civil Engineer" means a professional engineer registered in the State of California to practice in the field of civil works.
"Civil Engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. "Compaction" means the densification of a fill by mechanical means. "Earth Material" means any rock, natural soil or fill and/or any combination thereof.
70 "Engineering Geologist" means a geologist experienced and knowledgeable in engineering geology, registered in the State of California. "Engineering Geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
"Erosion" means the wearing away of the ground surface as a result of the movement of wind, water and/or ice.
"Excavation" means the mechanical removal of earth materials. "Existing Grade" means the grade prior to grading.
"Fill" means a deposit of earth material placed by artificial means. "Finish Grade" means the final grade of the site which conforms to the approved plan.
"Geotechnical Engineer." See “Soils Engineer.”
"Grade" means the vertical location of the ground surface. "Grading" means any excavating or filling or combination thereof. "Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "Professional Inspection" means the inspection required by this chapter to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of work. "Registered Geologist" means a geologist registered in the State to practice in the field of geology.
"Rough Grade" means the stage at which the grade approximately conforms to the approved plan.
"Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soil" means naturally occurring superficial deposits overlying bed rock. "Soils Engineer (Geotechnical Engineer)" means an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering. "Soils Engineering (Geotechnical Engineering)" means the application of the principals of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and/or testing of the construction thereof.
"Stockpile" means an accumulation of loose earth material (storage pile) generated during grading operations.
"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
15.28.070 Grading permit requirements.
A. Permits Required. Except as exempted in Section 15.28.040 of this chapter, no person, firm, corporation, owner of land, or possessor shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be required for each site and may cover both excavations
71 and fills. Adjacent sites being graded as one (1) integrated project may be considered as one (1) site for purposes of this section.
All permits will include the provisions that the applicant, his agents, contractors, or employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter and other City and State laws which might be applicable. No approval shall exonerate the permittee or his agents from the responsibility of complying with the provisions and intent of this chapter.
B. Application. The provisions of Chapter 15.04, 15.06 and 15.08 are applicable to grading and, in addition, the application shall be accompanied by or include:
1. The estimated quantities and type of material to be graded, excavated, or filled, sufficient to establish fees.
C. Grading Designation. Grading in excess of two thousand (2,000) cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer or architect, and shall be designated as "engineered grading." Grading involving less than two thousand (2,000) cubic yards shall be designated "regular grading" unless the permittee chooses to have the grading performed as engineered grading, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.
D. Engineered Grading Requirements. Application for a grading permit shall be accompanied by two (2) sets of plans and specifications, and supporting data consisting of a soils engineering report, engineering geology report, engineering calculations and drainage computations. The plans, specifications and calculations shall be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the building official.
Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared.
The plans shall include the following information:
1. General vicinity of the proposed site;
2. Property limits and accurate contours of existing ground and details of terrain and area drainage;
3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction;
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains;