72 5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations;
6. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference;
7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the report.
E. Soils Engineering Report. The soil engineering report required by subsection (D) of this section shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion covering adequacy of sites to be developed by the proposed grading, as affected by soils engineering factors, including the stability of slopes.
F. Engineering Geology Report. The engineering geology report required by subsection (D) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion and recommendations covering the adequacy of sites to be developed by the proposed grading, as affected by geologic factors.
G. Liquefaction Study. The building official may require a geotechnical investigation in accordance with Section 1803 of the Building Code when, during the course of an investigation, both of the following conditions are discovered, the report shall address the potential for liquefaction:
1. Shallow ground water, fifty (50) feet or less.
2. Unconsolidated sandy alluvium.
H. Regular Grading Requirements. Each application for a grading permit shall be accompanied by two (2) sets of plans in sufficient clarity to indicate the nature and extent of work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plans. The plans shall be drawn to scale and include the following:
1. General vicinity of the proposed site;
2. Property limits and accurate contours of existing ground and details of terrain and area drainage;
3. Elevations, dimensions, location, extent, and the slopes of all proposed grading shown by contours or other means 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,
73 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;
5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations.
I. The building official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.
The building official may require professional inspection and testing by the soils engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.
15.28.080 Grading fees.
A. General. A fee for each Grading Permit, including related plan checking fee, shall be paid to the building official, as established by the City Council and as set by City Resolution.
B. Plan Checking Fees. When a plan or other data are required to be submitted, a plan checking fee shall be paid to the building official at the time of submitting plans and specifications for review. Said plan check fee shall be established by the City Council and set by City Resolution. Separate plan check fees shall apply to retaining walls or major drainage structures as required in Title
15. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. Where plans are incomplete or changed so as to require additional plan checking, an additional plan-check fee may be charged.
C. Grading Permit Fee. A fee for each grading permit shall be paid to the building official as set forth by City of Shafter. Said grading permit fee shall be established by the City Council and set by City Resolution. Separate permits and fees shall apply to retaining walls or major drainage structures as required in Title
15. There shall be no separate charge for standard terrace drains and similar facilities.
15.28.090 Bonds.
The building official may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.
15.28.100 Cuts.
74 A. General. Unless otherwise recommended in the approved soils engineering and/or engineering geology report, cuts shall conform to the provisions of this section.
B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two (2) units horizontal to one (1) unit vertical unless the applicant furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.
EXCEPTIONS:
1. A cut surface may be at a slope of 1.5 horizontal to 1 vertical (67 percent slope) provided that all the following are met:
1.1. It is not intended to support structures or surcharges.
1.2. It is adequately protected from erosion.
1.3. It is no more than 8 feet in height.
1.4. It is approved by the building official.
C. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 15.28.130.
15.28.110 Fills.
A. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.
B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two (2) horizontal units to one (1) vertical unit.
C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with new fill and, where slopes are steeper than five (5) horizontal units to one (1) vertical unit and the height is greater than five (5) feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of fill on a slope steeper than five (5) horizontal units to one (1) vertical unit shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of the fill shall be at least ten (10) feet wide, but the cut shall be made before placing the fill and the cut shall be qualified by the soils engineer or engineering geologist or both as a suitable foundation for fill.
D. Fill material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater that (twelve) 12 inches shall be buried or placed in fills.
75 EXCEPTIONS: The building official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall apply:
1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.
2. Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade,
measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with well graded soil.
E. Compaction. All fills shall be compacted to a minimum of ninety (90) percent of maximum density.
F. Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two (2) units horizontal to one (1) unit vertical.
G. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 15.28.130.
15.28.120 Setbacks.
A. General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure 17.28-1.
B. Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of two (2) feet and a maximum of ten (10) feet. The setback may need to be increased for any required interceptor drains.
C. Toe of Fill Slope. The toe of fill slope shall not be made nearer to the site boundary line than one-half (1/2) the height of the slope with a minimum of two (2) feet and a maximum of twenty (20) feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:
1. Additional setbacks.
2. Provision for retaining or slough walls.
3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.
4. Provisions for the control of surface waters.
D. Modification of Slope Location. The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.
76 15.28.130 Drainage and terracing.
A. General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than three (3) units horizontal to (1) unit vertical.
B. Terrace. Terraces at least six (6) feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one (1) terrace is required, it shall be at mid-height. For cut or fill slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one (1) terrace at approximately mid-height shall be twelve (12) feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty (120) feet in height shall be designed by a civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of five (5) percent and must be paved with reinforced concrete not less than three (3) inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one (1) foot and a minimum paved width of five (5) feet.
A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain.
C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
D. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the building official and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Building pads shall have a drainage gradient of two (2) percent toward approved drainage facilities, unless waived by the building official.
Drainage shall not be constructed or altered in such a way to cross a property line unless having recorded legal rights for reciprocal drainage.
EXCEPTIONS: The gradient from the building pad may be 1 percent if all of the following conditions exist throughout the permit area:
1. No proposed fills are greater than ten (10) feet in maximum depth.
2. No proposed finish cut or fill slope faces have a vertical height in excess of ten (10) feet.
3. No existing slope faces, which have a slope face steeper than ten (10) units horizontally to one (1) unit vertically, have a vertical height in excess of ten (10) feet.
E. Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than forty (40) feet measured horizontally.
Interceptor drains shall be paved with a minimum of three (3) inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches
77 and a minimum paved width of thirty (30) inches measured horizontally across the drain. The slope of drain shall be approved by the building official.
15.28.140 Erosion control.
A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.
B. Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.
C. Temporary Devices. Temporary drainage and erosion control shall be provided as needed at the end of each work day during grading operations, such that existing drainage channels would not be blocked. Dust control shall be applied to all graded areas and materials and shall consist of applying water or another approved dust palliative for the alleviation or prevention of dust nuisance.
Deposition of rocks, earth materials or debris onto adjacent property, public roads or drainage channels shall not be allowed.
15.28.150 Drainage retention facilities.
General. All drainage retention/detention facilities and their associated conveyance facilities shall be designed in accordance with the City of Shafter Development Standards or latest revision thereof.
15.28.160 Maintenance.
The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this chapter, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures, sumps and other protective devices shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.
15.28.170 Grading inspection.
A. General. All grading operations for which a permit is required shall be subject to inspection by the building official. Professional inspection of grading operations and testing shall be provided by the civil engineer, soils engineer and the engineering geologist retained to provide such services in accordance with Subsection 15.28.170(E) for engineered grading and as required by the building official for regular grading.
B. Civil Engineer. The civil engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer.
78 C. Soils Engineer. The soils engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the building official and the civil engineer.
D. Engineering Geologist. The engineering geologist shall provide professional inspection within such engineer’s area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.
E. Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this Ordinance Code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the building official. In the event of changed conditions, the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval.
F. Building Official. The building official may inspect the project at the various stages of the work requiring approval to determine that adequate control is being exercised by the professional consultants.
G. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soils engineer, or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the building official.
Recommendations for corrective measures, if necessary, shall also be submitted.
H. Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during the course of the work, the work shall be stopped until:
1. The civil engineer, soils engineer, or engineering geologist, has notified the building official in writing that they will no longer be responsible for the work and that a qualified replacement has been found who will assume responsibility.
2. The replacement civil engineer, soils engineer, or engineering geologist notifies the building official in writing that they have agreed to accept responsibility for the work.
15.28.180 Completion of work.
79 A. Final Reports. Upon completion of the rough grading work and at the final completion of the work the building official may require the following reports and drawings and supplements thereto:
1. An as-built grading plan prepared by the civil engineer or architect retained to provide such services in accordance with Subsection
15.28.170(E) showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface drainage facilities and of the outlets of subsurface drainage facilities. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer. The civil engineer(s) shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the soils engineer, retained to provide such services in accordance with Subsection 15.28.170(C), including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter. They shall also render a finding as to the adequacy of the site for the intended use as affected by soil factors.
3. A report prepared by the engineering geologist retained to provide such services in accordance with Subsection 15.28.170(E), including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter. They shall also render a finding as to the adequacy of the site for the intended use as affected by geologic factors.
4. The grading contractor shall submit in a form prescribed by the building official a statement of conformance to said as-built plans and the specifications.
B. Notification of Completion. The permittee or his agent shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including removal of all stockpiled material not shown to remain, installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted.
80
81 Section 11. Chapter 15.32, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.32, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.32
FIRE CODE
Sections:
15.32.001 California Fire Code – Adopted.
15.32.005 Section 101.1 amended – Title.
15.32.010 Section 103.1 amended – Creation of Agency.
15.32.015 Section 103.2 amended – Appointment.
15.32.020 Section 103.3 amended – Fire Personnel and Police.
15.32.025 Section 105.1.1 amended – Permits Required.
15.32.030 Section 105.5 amended – Required Operational Permits.
15.32.035 Section 105.6 amended – Required Construction Permits.
15.32.040 Section 108.2.1 amended – Inspection Requests.
15.32.045 Section 111.1 amended – Board of Appeals established.
15.32.050 Section 112.4 amended – Violation Penalties.
15.32.055 Social Host Liability – Fireworks.
15.32.060 Section 113.4 amended – Failure to Comply.
15.32.065 Section 202 amended – General Definitions.
15.32.070 Section 305.6 added – Hazardous Environmental Conditions.
15.32.075 Section 324 added – Cannabis Operations.
15.32.080 Section 401.3 amended – Emergency Responder Notification.
15.32.085 Section 403 amended – Emergency Preparedness
Requirements
15.32.090 Section 503.1.1 amended – Buildings and Facilities.
15.32.095 Section 503.2.1 amended – Dimensions.
15.32.100 Section 503.4 amended – Obstruction of Fire Apparatus Access Roads.
15.32.105 Section 507 amended – Fire Protection Water Supplies.
15.32.110 Appendix D Section D103.6 amended – Fire Lanes.
15.32.115 Section 703.1.1 added – Maintenance.
15.32.120 Section 806.1.1 amended – Restricted Occupancies.
15.32.125 Section 903.2.1 amended – Group A.
15.32.130 Section 903.2.1.1 amended – Groups A-1, A-3 and A-4.
15.32.135 Section 903.2.1.3 deleted – Group A-3.
15.32.140 Section 903.2.1.4 deleted – Group A-4.
15.08.145 Section 903.2.2.1 added – Group B.
15.32.150 Section 903.2.3 amended – Group E. 104
15.32.155 Section 903.2.4 amended – Group F.
15.32.160 Section 903.2.7 amended – Group M.
15.32.165 Section 903.2.8.5 added – Manufactured Homes.
15.32.170 Section 903.2.9 amended – Group S-1.
15.32.175 Section 903.2.9.1 amended – Repair Garages.
15.32.180 Section 903.2.10 amended - Group S-2.
82 15.32.185 Section 903.2.11.3 amended – Multi-story Buildings and Buildings 55 feet or more in height.
15.32.190 Section 903.3.1.2.3 amended – Attics.
15.32.195 Section 903.3.10 added – Fire Sprinkler Control Room.
15.32.200 Section 903.6 amended – Existing Buildings.
15.32.205 Section 905.5.3 deleted – Class II System 1-inch Hose.
15.32.210 Section 907.2.1 amended – Group A.
15.32.215 Section 907.2.8.1 amended – Manual Fire Alarm System.
15.32.220 Section 907.2.9.1 amended – Manual Fire Alarm System.
15.32.225 Section 907.11 added – Fire Alarm Control Room.
15.32.230 Chapter 11 amended – Construction Requirements for Existing Buildings.
15.32.235 Section 1201.1 amended – Scope.
15.32.240 Chapter 26 deleted – Fumigation and Insecticidal Fogging.
15.32.245 Section 3703.4 amended – Agricultural Products.
15.32.250 Chapter 39 amended – Cannabis Cultivation, Processing and Extraction Facilities.
15.32.255 Section 5001.7 added – Facility Correction Plan.
15.32.260 Sections 5601.1.3 amended – Fireworks.
15.32.265 Section 5604.1.1 added – Storage within Established Limits.
15.32.270 Section 5614 added – Safe and Sane Fireworks.
15.32.275 Section 5704.2.7.10 amended – Leak Reporting.
15.32.280 Section 5704.2.9.6.1 amended – Locations Where Aboveground Tanks are Prohibited.
15.32.285 Section 5706.2.4.4 amended – Locations Where Above-ground Tanks are Prohibited.
15.32.290 Section 5706.3.1.3 amended – Buildings.
15.32.295 Section 5706.3.3.3 amended – Security.
15.32.300 Section 5804.2.1 added – Maximum Aggregate Capacity.
15.32.305 Section 5806.2 amended – Limitations.
15.32.310 Section 6104.2 amended – Maximum Capacity within Established Limits.
15.32.315 Section 6104.4 amended – Multiple LP-Gas Container Installation.
15.32.320 Section 6108.1 amended – General.
15.32.325 Chapter 80 amended – Referenced Standards.
15.32.330 Appendix D Section D103.3 amended – Turning Radius.
15.32.335 Appendix D Section D103.4 and Table D103.4 amended – Deadends.
83 15.32.001 California Fire Code – Adopted.
California Code of Regulations, Title 24, Part 9, 2022 Edition of the California Fire Code being that portion of the California Building Standards Code that imposes substantially the same requirements as are contained in the International Fire Code, 2021 Edition published by the International Code Council and the California Building Standards Commission with errata, together with those portions of the International Fire Code, 2021 Edition, including Appendices B, C, D, and H published by the International Code Council not included in the California Building Standards Code, as modified and amended by this chapter, are adopted by this reference into this Chapter, and are hereby collectively declared to be the Shafter Fire Code for the purpose of regulating the safeguarding of life, property, and public welfare to a reasonable degree from the hazards of fire, hazardous materials release and explosion arising from the storage, use and handling of dangerous and hazardous materials, substances and devices, conditions hazardous to life or property in the occupancy and use of buildings and premises, the operation, installation, construction, location, safeguarding and maintenance of attendant equipment, the installation and maintenance of adequate means of egress not provided for by the Building Code, and providing for the issuance of permits and collection of fees therefore.
15.32.005 Section 101.1 amended – Title.
Section 101.1 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Shafter Fire Code and that that Kern County is the enforcing agency of these regulations placed under Title 17 of the Kern County Building Regulations, hereinafter referred to as “this code.”
15.32.010 Section 103.1 amended – Creation of Agency.
Section 103.1 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
103.1 Creation of agency. The Office of Fire Prevention is hereby created. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
15.32.015 Section 103.2 amended – Appointment.
Section 103.2 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
103.2 Appointment. The fire code official is designated as the Fire Chief of the Kern County Fire Department. The fire code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
15.32.020 Section 103.3 amended – Fire Personnel and Police.
84 Section 103.3 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
103.3 Fire Personnel and Police. All chief officers, captains, and engineers, of the Kern County Fire Department shall have the powers of a peace officer in performing their duties under this code.
When requested to do so by the Fire Chief, the Sheriff or the Chief of Police is authorized to assign such available law enforcement officers as necessary to assist the fire department.
15.32.025 Section 105.1.1 amended – Permits Required.
Section 105.1.1 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
105.1.1 Permits Required. Permits required by this code shall be obtained from the Kern County Fire Prevention Office. Applications for permits shall be made in such form and detail as prescribed by the Fire Chief. Applications for permits shall be accompanied by such plans as required by the Chief.
The Fire Chief, Fire Marshal, and the Shafter Building Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in this code. The Fire Marshal shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
Any applicable permit fees shall be paid at the time of application for the permit.
The fees shall be established by the Board of Supervisors.
A penalty fee shall be assessed to the owner or operator for failure to obtain a permit prior to commencing an operation for which a permit is required in Sections 105.5 and 105.6.
15.32.030 Section 105.5 amended – Required Operational Permits.
Section 105.5 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
105.5 Required Operational Permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.1 through 105.5.15. An operational permit shall be obtained from the Fire Department prior to engaging in the following activities:
105.5.1 Burning. An operational permit is required to ignite or cause to be ignited tumbleweeds, agricultural waste or other combustible material as provided for by the Rules and Regulations of the Air Pollution Control District with jurisdiction.
85 105.5.2 Business Operating Permit. An operational permit is required to conduct business or operate a facility or business in all occupancies other than Groups R-2, R-3, R-3.1 and U.
105.5.3 Explosives or Blasting Agents. An operational permit is required for the storage of any quantity of explosives, or explosive materials within the scope of Chapter 56.
EXCEPTION: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale, and in accordance with Section 5606.
105.5.4 Filming. An operational permit is required to conduct filming operations. 105.5.5 Fireworks Booths. An operational permit is required to operate a booth for the sale of Safe and Sane Fireworks.
105.5.6 High-piled Combustible Storage Permit. An operational permit is required to use a building or portion thereof with more than 500 square feet (46 m2) of high-piled combustible storage.
105.5.7 Mobile Fueling Permit. An operational permit is required to engage in the dispensing of liquid or gaseous fuels into the fuel tanks of motor vehicles from tank vehicles at locations other than at a fuel dispensing station. 105.5.8 Model Rocket Engines. An operational permit is required to sell or offer for sale model rocket engines as defined in Section 5611. 105.5.9 Place of Assembly. An operational permit is required to conduct an assembly with 50 or more attendees in a facility which is not designed or constructed as an assembly occupancy.
105.5.10 Public Displays. An operational permit is required to store, discharge or use explosives or fireworks, other than Safe and Sane Fireworks at a public gathering.
105.5.11 Special Effects/Operations. An operational permit is required to store, discharge or use special effect materials, such as pyrotechnic special effects materials, fireworks, explosives or open flame, or operate aircraft or drones for filming or theatrical purposes.
105.5.12 Cannabis Cultivation. An operational permit is required to operate a commercial indoor cannabis cultivation operation.
105.5.13 Plant Extraction System. An operational permit is required to use a plant extraction system.
86 105.5.14 Carbon Dioxide Enrichment System. An operational permit is required for a carbon dioxide enrichment system having more than 874 standard cubic feet (100 pounds) of carbon dioxide.
105.5.15 Outdoor Assembly Event. An operational permit is required to conduct an outdoor assembly event where planned attendance exceeds 1000 persons.
15.32.035 Section 105.6 amended – Required Construction Permits.
Section 105.6 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
105.6 Required Construction Permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.21.
A construction permit shall be obtained from the Fire Department prior to engaging in the following activities, operations, practices or functions:
105.6.1 CO2 for Beverage Dispensing. A construction permit is required to install, alter or modify a liquefied carbon dioxide system utilized for beverage dispensing with more than 100 pounds of carbon dioxide. 105.6.2 CNG Storage or Dispensing Facility. A construction permit is required to install, alter or modify a compressed natural gas storage container or dispensing facility.
105.6.3 Emergency Responder Radio Coverage System. A construction permit is required for installation of or modification to emergency responder radio coverage systems and related equipment. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit.
105.6.4 Electrified Security gates or fences. A construction permit is required to install, alter or modify a gate or fence which is designed to provide security to a premises by discharging an electric shock to intruders. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit.
105.6.5 Fire Alarm Systems. A construction permit is required to install, alter or modify a fire alarm system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.6.6 Fire-Extinguishing Systems. A construction permit is required to install, alter or modify a fire-extinguishing system which uses halon, CO2, dry chemicals, liquid agent or other extinguishing agent. Maintenance performed in
87 accordance with this code is not considered a modification and does not require a permit.
105.6.7 Flammable or Combustible Liquid Tanks. A construction permit is required:
A. To install an aboveground tank with a storage capacity of one hundred twenty five (125) gallons or more, which will hold flammable or combustible liquids.
EXCEPTION: A permit shall not be required for an oil production, refining or pipeline transportation tank when such tank or group of tanks spaced less than fifty (50) feet (1542 mm) apart, shell to shell, has a liquid surface area of fifteen hundred (1500) square feet (139 m2) or less, or has a capacity of less than one hundred (100) barrels.
B. To alter, rehabilitate, or place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank which is not related to oil production, refining or pipeline transportation activities.
C. To abandon or dispose of any aboveground flammable or combustible liquid tank.
105.6.8 LP-Gas Tanks. A construction permit is required to install, alter or modify an LP-gas container of one hundred twenty-five (125) gallon water capacity or more at other than a single-family residence. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
105.6.9 LP-Gas Dispensing. A construction permit is required to install, alter or modify an LP-gas container of one hundred twenty-five (125) gallon water capacity or more when such tank is capable of dispensing LP-gas into other tank vessels. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
105.6.10 Fire Pumps. A construction permit is required to install, alter or modify a fire pump and related fuel tanks, jockey pumps, controllers and generators. 105.6.11 Spraying Operations. A construction permit is required to install, alter or modify a spray room or spray booth utilizing flammable or combustible liquids, or flammable finishes. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit. 105.6.12 Dipping Operations. To construct, alter or modify a dip tank or dipping operation utilizing flammable or combustible liquids, or flammable finishes.
Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
88 105.6.13 Sprinkler Systems. A construction permit is required to install, alter or modify a fire sprinkler system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.6.14 Standpipe Systems. A construction permit is required for the installation, modification, or removal from service of a standpipe system.
Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
105.6.15 Energy storage systems. A construction permit is required to install, alter or modify an energy storage system regulated by this code. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
105.6.16 Tents Air-Supported Membrane Structures and Temporary Special Event Structures. A construction permit is required to erect a temporary airsupported membrane structure, a temporary special event structure or a tent having an area in excess of 400 square feet (37 m2).
EXCEPTIONS:
1. Tents used exclusively for recreational camping purposes.
2. Funeral tents and curtains or extensions attached thereto, when used for funeral services.
3. Tents and awnings open on all sides which comply with all of the following:
3.1. Individual canopies shall have a maximum size of 700 square feet (65 m2).
3.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.
3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be maintained.
105.6.17 Underground Water Piping System for Fire Protection. A construction permit is required to install, alter or modify underground piping for fire hydrants or water systems.
105.6.18 Cannabis Facility. A construction permit is required to construct, alter or modify a building for cannabis cultivation or processing. 105.6.19 Carbon Dioxide Enrichment System. A construction permit is required to install, alter or modify a carbon dioxide enrichment system having more than 874 standard cubic feet (100 pounds) of carbon dioxide. 105.6.20 Gas Detection System. A construction permit is required to install, alter or modify a gas detection system. Maintenance performed in accordance with this code is not considered a modification and shall not require a permit.
89 105.6.21 Plant Extraction System. A construction permit is required to install, alter or modify a plant extraction system. Maintenance performed in accordance with this code is not considered a modification and does not require a construction permit.
15.32.040 Section 108.2.1 amended – Inspection Requests.
Section 108.2.1 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
108.2.1 Inspection Requests. It shall be the duty of the permit holder or their duly authorized agent to notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that is required by this code. Every request for inspection shall be filed not less than two working days before such inspection is desired. Such request may be in writing or by telephone.
15.32.045 Section 111.1 amended – Board of Appeals established.
Section 111.1 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
111.1 Board of Appeals established. Any decision of the fire code official relating to the interpretation of this code, or to the standards referred to hereinabove, shall be subject to appeal to the Board of Building Appeals, upon payment of the fee required for Kern County Building Code appeals to that Board. Any decision of the Board of Building Appeals shall be subject to appeal to the Board of Supervisors, as provided by Section 15.04.160 of this code.
15.32.050 Section 112.4 amended – Violation Penalties.
Section 112.4 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
112.4 Violation Penalties.
A. Except as provided herein, any person who shall violate a provision of this code or who shall fail to comply with any of the requirements thereof or fail to comply with any order made thereunder by competent authority, or who shall erect, install, alter, repair or do work which deviates from any specifications or plans submitted to and approved by the Fire Marshal, or of a permit or certificate issued under provisions of this code shall for each and every such violation or failure to comply be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $1,000, or by imprisonment in the county jail of the County of Kern for not more than six months, or both such fine and imprisonment.
B. Any person who violates Chapter 56 or Sections 15.32.055 or 15.32.270 of this code shall be assessed an administrative penalty. An administrative
90 penalty under this paragraph shall be a fine not exceeding one thousand five hundred dollars ($1,500.00) for the first violation; a fine not exceeding two thousand dollars ($2,000.00) for a second violation within five years from the date of the first violation; and a fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation within five years from the date of the first violation. Pursuant to California Health and Safety Code section 12557, an administrative fine for possession, pursuant to this paragraph, shall only be assessed to a person who possesses or the seizure of twenty-five (25) pounds or less of dangerous fireworks.
C. The administrative penalty for any violation of any other section of this code shall be provided in Kern County Ordinance Code Section 8.54.120.
D. Any administrative penalty collected pursuant to this code shall not be subject to California Health and Safety Code Section 12706, but shall be used to reimburse the Office of the State Fire Marshal for the actual cost of the transportation and disposal of illegal fireworks seized under this code.
E. All enforcement of administrative penalties shall be conducted pursuant to Chapter 8.54 of the Kern County Ordinance Code.
F. Notwithstanding any other provision in this code, an alternative administrative penalty may be assessed for violation of Sections 15.32.055 and
15.32.270 of this code in the event the responsible party is a juvenile, i.e., under the age of eighteen (18), whereby the juvenile may elect to serve in a community service program, as approved by the County’s program administrator or as designated by the Board of Supervisors and pay any required program fees. (1) Participation in an approved community service program, through election by the juvenile, will result in a reduction of the administrative penalty of one thousand five hundred dollars ($1,500.00), commensurate with the hours served based on the current minimum wage applicable in California. The approved community service hours shall be determined, as appropriate, depending on the amount of the administrative penalty is reduced by the hearing officer or the Board of Supervisors.
(2) The community service program shall retain the discretion to admit, or deny admission to, the program as the standards and program policies applicable to that program allow. Failure to gain admission to a community service program shall restore the original administrative penalty of one thousand five hundred dollars ($1,500.00), immediately and without further right to appeal. (3) Failure by a juvenile to complete the alternative community service penalty within one (1) calendar year of the issuance of the citation shall result in the penalty being converted to an administrative penalty of one thousand five hundred dollars ($1,500.00).
91 (4) The option of a juvenile to complete community service for a reduction of the administrative penalty shall not be available for subsequent violations of these sections of this code.
(5) If a citation issued to a juvenile under this section is appealed under any provision of this code, the administrative penalty shall be deposited with the County as a condition of the appeal. If the appeal is not successful and the juvenile elects to complete an approved community service program in lieu of payment of the administrative penalty, the person that deposited the administrative penalty shall be entitled to a refund of the deposit less actual administrative fees paid by the County to the County’s program administrator upon timely and successful completion of the community service program by the juvenile.
G. A conviction for any offense under the provisions of this code shall not excuse the violation or authorize its continuance and the person or persons convicted of such offense shall be required to correct or remedy any condition or installation which fails to comply with the requirements of this code with reasonable diligence. Each day that a condition prohibited by the provisions of this code is caused or permitted to be maintained or continued shall constitute a separate and distinct offense.
15.32.055 Social Host Liability – Fireworks.
A. Findings, Intent and Purpose.
1. Findings. The Board of Supervisors, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. The illegal possession, manufacture, storage, sale, handling and use of fireworks, as described in Section 15.32.270 of this code, on private property is harmful to and creates a threat to public health, safety, quiet enjoyment of residential property and the general welfare. While the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult to tell who at the residence or property discharged the illegal firework(s). The owner or tenant of the premises is often in the best position to control, and knows or should know of the possession, manufacture, storage, sale, handling and use of illegal fireworks on his/her residence or commercial premises. The Board of Supervisors finds that in too many cases, persons having possession or control of private property where the illegal possession, manufacture, storage, sale, handling and use of fireworks occurs, have failed to ensure that illegal fireworks are not possessed, manufactured, stored, sold, handled or used on their property. Furthermore, problems associated with the illegal possession, manufacture, storage, sale, handling and use of fireworks are difficult to prevent and deter unless the fire chief, sheriff, or other designated official of the County of Kern has the legal
92 authority to cite the owner or tenant of the premises where illegal fireworks are possessed, manufactured, stored, sold, handled or used.
2. Intent. The intent of this section is to protect the public health, safety, quiet enjoyment of residential property, and general welfare, rather than to punish. An ordinance that imposes liability on property owners or tenants for allowing the possession, manufacture, storage, sale, handling or use of illegal fireworks on their property is necessary to deter and prevent such possession, manufacture, storage, sale, handling or use and to deter persons who actively and passively aid, allow, or tolerate such activities on their property.
3. Purposes. The purposes of this section are to protect the public health, safety and general welfare, to deter the possession, manufacture, storage, sale, handling or use of illegal fireworks, and to reduce the costs of providing police, fire, and other emergency response services to areas where illegal fireworks are being possessed, manufactured, stored, sold, handled or used. These purposes are implemented by the imposition of a civil money penalty against social hosts (landowners or tenants) who actively or passively aid, allow or tolerate the possession, manufacture, storage, sale, handling or use of illegal fireworks on their property.
4. Declaration. For these reasons, the Board of Supervisors declares that the possession, manufacture, storage, sale, handling or use of illegal fireworks is a threat to the peace, health, safety and general welfare of the public.
Such actions constitute a public nuisance as they affect at the same time the entire community of Kern County as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting summary abatement by the fire chief, sheriff or other designated county official under Government Code Section 25845, subdivision (a).
B. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. “Responsible person” means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are possessed, manufactured, stored, handled or used, including but not limited to:
a. Any owner of the residence or other private property, meaning the record owner of the title to property as of the time of the possession, manufacture, storage, sale, handling or use of illegal fireworks, wherever that person or entity resides at that time;
b. A tenant or lessee of the residence or other private property at the time when illegal fireworks are possessed, manufactured, stored, handled or used;
93 c. The person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, manufactured, stored, sold, handled or used;
d. The person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering where illegal fireworks are possessed, manufactured, stored, sold, handled or used;
A responsible person need not be present at the time illegal fireworks are possessed, manufactured, stored, sold, handled or used in order for the county to impose civil money penalties upon such responsible person. Prior knowledge of the possession, use, manufacture, storage, sale, handling or use of illegal fireworks is not prerequisite to a finding that any specific individual is a responsible person as defined by this section.
2. “Residence” or “other private property” means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall, meeting room, office, land or building, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, business, or location for parties or other social functions, and whether owned. Leased, rented, or used with or without compensation.
C. Responsibility for Proper Property Management. Every owner, occupant, lessee, tenant or holder of any possessory interest of a residence or other private property within the County of Kern is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provision of this section. The owner of the property may remain liable for such violations regardless of any contract or agreement with any third party regarding the property.
D. Penalties for Violation.
1. It is a civil violation of this section, and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to conduct or allow illegal possession, manufacture, storage, sale, handling and use of fireworks on his/her residential or other private property. Such a violation subjects any and all responsible persons to the civil money penalties specified in Section 15.32.050, Paragraph B of this code.
2. In the event that a juvenile hosts a gathering at a residence or other private property at which illegal possession, manufacture, storage, sale, handling and use of fireworks occurs, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this section.
3. In the event that a juvenile is found to be a responsible person as defined by this section, the juvenile may elect to serve in a community service program as specified in Section 15.32.050 of this code.
94 4. The parents or guardians of a juvenile found to be a responsible person as defined by this section, may also elect to have that juvenile serve in a community service program as specified in Section 17.32.050 of this code.
15.32.060 Section 113.4 amended – Failure to Comply.
Section 113.4 of Chapter 1 DIVISION II ADMINISTRATION of the Shafter Fire Code is amended to read as follows:
113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $500 dollars or more than $1,000.
15.32.065 Section 202 amended – General Definitions.
Section 202 of the Shafter Fire Code is amended by modifying the definition of Factory Industrial F-1 Moderate-hazard occupancy to read as follows:
FACTORY INDUSTRIAL F-1 MODERATE-HAZARD OCCUPANCY. Factory industrial uses that are not classified as Factory Industrial F-2 Low Hazard shall be classified as F-1 Moderate Hazard and shall include, but not be limited to, the following:
Aircraft (manufacturing, not to include repair) Aircraft manufacturing facilities shall comply with Section 412.6 of the California Building Code Appliances
Athletic equipment
Automobiles and other motor vehicles
Bakeries
Beverages; over 16-percent alcohol content
Bicycles
Boats
Brooms or brushes
Business machines
Cameras and photo equipment
Cannabis cultivation, extraction and processing not classified as Group H Canvas or similar fabric
Carpets and rugs (includes cleaning)
Clothing
Construction and agricultural machinery
Disinfectants
Dry cleaning and dyeing
Electric generation plants
Electronics
Energy storage systems (ESS) in dedicated-use buildings Engines (including rebuilding)
95 Food processing and commercial kitchens not associated with restaurants, cafeterias and similar dining facilities more than 2,500 square feet (232 m2) in area.
Furniture
Hemp products
Jute products
Laundries
Leather products
Machinery
Metals
Millwork (sash and door)
Motion picture and television production studio Sound Stages, Approved Production Facilities and production locations (without live audiences) Musical instruments
Optical goods
Paper mills or products
Photographic film
Plastic products
Printing or publishing
Recreational vehicles
Refuse incineration
Shoes
Soaps and detergents
Textiles
Tobacco
Trailers
Upholstering
Water/sewer treatment facilities
Wood; distillation
Woodworking (cabinet)
15.32.070 Section 305.6 added – Hazardous Environmental Conditions.
Section 305.6 is added to Chapter 3 of the Shafter Fire Code to read as follows:
305.6 Hazardous Environmental Conditions. When the Fire Chief determines that hazardous environmental conditions necessitate restricted use of open flame or other ignition sources, the Fire Chief is authorized to prohibit the use or ignition of any such materials.
15.32.075 Section 324 added – Cannabis Operations.
Section 324 is added to Chapter 3 of the Shafter Fire Code to read as follows:
324 CANNABIS OPERATIONS
324.1 General. Cannabis operations are only permitted where local codes and regulations allow such operations. In addition to other code requirements,
96 cannabis cultivation shall comply with Section 324.3, and cannabis stores shall comply with Section 324.4. Cannabis extraction and processing shall comply with Chapter 39.
324.2 Permits. Permits shall be required as set forth in Sections 105.5 and 105.6.
324.3 Indoor Cultivation. Commercial operations for the cultivation of cannabis inside a structure shall be in accordance with Sections 324.3.1 through 324.3.5. 324.3.1 Occupancy Classification. Structures for the commercial cultivation of cannabis shall be classified as Group F-1.
324.3.2 Automatic Sprinkler System. Buildings containing commercial indoor cultivation of cannabis shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1.
324.3.3 Carbon Dioxide Enrichment. Buildings utilizing carbon dioxide enrichment systems shall comply with Section 5307.4.
324.3.4 Hazardous Materials. Hazardous materials storage and use shall be in accordance with this code.
324.3.5 Storage. Aisles and corridors shall be maintained open and unobstructed. Storage is prohibited in corridors.
324.3.6 Fumigation Restriction. Fumigation processes consisting of heating sulfur and creating sulfur dioxide are prohibited.
324.4 Retail Sales and Dispensing. The retail sale or dispensing of cannabis or cannabis products shall only occur in a retail cannabis store. 324.4.1 Occupancy Classification. Retail cannabis stores shall be considered a Group M occupancy.
324.4.2 Means of Egress. The means of egress in a retail cannabis store shall comply with Chapter 10.
15.32.080 Section 401.3 amended – Emergency Responder Notification.
Section 401.3 of Chapter 4 of the Shafter Fire Code is amended to read as follows:
401.3 Emergency Responder Notification. Notification of emergency responders shall be in accordance with Sections 401.3.1 through 401.3.4.
97 401.3.1 Fire and Other Emergency Events. In the event an unwanted fire or other event, requiring a fire department response, occurs on a property, or the discovery of a fire, smoke or unauthorized release of flammable or hazardous materials which necessitates an emergency response on any property occurs, the owner or occupant shall immediately report such condition to the fire department.
401.3.2 Alarm Activation. Upon activation of a fire alarm signal, employees or staff shall immediately notify the fire department. Building employees and tenants shall implement the appropriate emergency plans and procedures. 401.3.3 Delayed Notification. A person shall not, by verbal or written directive, require any delay in the reporting of a fire to the fire department. 401.3.4 Group E Fire Alarm Initiation. Every person and public officer managing, controlling, or in charge of any public, private, or parochial school shall cause the fire alarm signal to be sounded upon discovery of fire.
15.32.085 Section 403 amended – Emergency Preparedness
Requirements.
The following sections are deleted from Section 403 of Chapter 4:
Sections 403.3 through 403.1.2 – Group B occupancies.
Section 403.5 – Group F occupancies.
Sections 403.6 through 403.6.1.4 – Group H occupancies.
Sections 403.7 through 403.7.6 – Group I occupancies.
Section 403.8 – Group M occupancies.
15.32.090 Section 503.1.1 amended – Buildings and Facilities.
Section 503.1.1 of Chapter 5 of the Shafter Fire Code is amended to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Access in commercial, industrial, or other zones may require paving to match the grade of the rails where railroad loading is planned.
Exceptions:
1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur:
1.1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
98 1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.
1.3. There are not more than two Group R-3 or Group U occupancies.
2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.
15.32.095 Section 503.2.1 amended – Dimensions.
Section 503.2.1 of Chapter 5 of the Shafter Fire Code is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of 15 feet (4572 mm).
EXCEPTION: When serving only one Group R-3 or Group U Occupancy the unobstructed width of the access road may be 12 feet (3658 mm).
No access road shall be less than 32 feet (9754 mm) in width if vehicle parking is permitted on one side of the access road and not less than 40 feet (12 192 mm) in width if vehicle parking is permitted on both sides of the access road. To permit the free passage of vehicles, access roads designed for vehicle parking on only one side shall have signs or markings prohibiting the parking of vehicles on the traffic flow side of the roadway.
An access road divided into separate adjacent one-way traffic lanes by a curbed divider or similar obstacle shall be not less than 15 feet (4572 mm) in unobstructed width on each side of the divider.
15.32.100 Section 503.4 amended – Obstruction of Fire Apparatus Access Roads.
Section 503.4 of Chapter 5 of the Shafter Fire Code is amended to read as follows:
503.4 Obstruction of Fire Apparatus Access Roads. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Fire apparatus access roads that are temporarily impassable due to inclement weather conditions including, but not limited to snow, dust, and flood, are not considered obstructed. The minimum required widths and clearances established under Section 503.2.1 shall be maintained at all times.
Fire apparatus access roads shall be established, constructed, and maintained in such a manner as to allow direct access to the building, mobile home or facility at all times without any physical obstruction or legal hindrance.
Entrances to roads, trails or other access-ways which have been closed with gates and barriers in accordance with Section 503.5 shall not be obstructed by parked vehicles.
99 15.32.105 Section 507 amended – Fire Protection Water Supplies.
Section 507 of Chapter 5 of the Shafter Fire Code is amended to read as follows:
SECTION 507 FIRE PROTECTION WATER SUPPLIES
507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction.
507.1.1 Existing Facilities. When required by the Fire Chief, water supply and fire hydrants shall be provided at existing facilities when the fire load potential exceeds the water supply availability.
507.2 Type of Water Supply. The water supply shall consist of pressure tanks, elevated tanks, pumps, water mains or other fixed systems capable of providing the required fire flow.
507.2.1 Private Fire Service Mains. Private fire service mains and appurtenances shall be installed in accordance with NFPA 24 as amended in Chapter 80.
507.2.2 Water Tanks. Water tanks for private fire protection shall be installed in accordance with NFPA 22.
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by the fire code official and shall be computed on the basis of a minimum 20 p.s.i.g. (137.9 kPa) residual operating pressure at the point of lowest pressure of the street main from which the flow is measured. In setting the requirements for fire flow, the fire code official may be guided by the provisions in Appendix B and by the minimum requirements set forth in Table 507.5.7.1, but may require higher standards on the basis of local conditions, exposure, congestion, or construction of the building. The required fire flows are to be provided in addition to the domestic requirements. 507.4 Water Supply Test. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official or approved documentation of the test shall be provided to the fire code official prior to final approval of the water supply system.
507.5 Fire Hydrant Systems. Fire hydrant systems, including the location, number and type of fire hydrants, shall comply with Sections 507.5.7.1 through 507.5.7.3.
507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m)
100
from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains supplying the required fire flow shall be provided where required by the fire code official.
507.5.2 Inspection, Testing and Maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. Records of tests and required maintenance shall be maintained.
507.5.3 Private Fire Service Mains and Water Tanks. Private fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with Title 19 California Code of Regulations, Division I, Chapter 5. 507.5.4 Obstruction. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
Fire hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 503.
507.5.5 Clear Space around Hydrants. A clear space of 3 feet (914 mm) shall be maintained around the circumference of fire hydrants except as otherwise required or approved.
507.5.6 Physical Protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312.
507.5.7 Fire Hydrant Installations. The location, number and type of fire hydrants shall be in accordance with Sections 507.5.7.1 through 507.5.7.3 and as required and approved by the fire code official. Such fire hydrants shall be provided on the public street or on the site of the premises to be protected as required and approved by the fire code official.
507.5.7.1 Fire Hydrant Spacing. Fire hydrants shall be installed with a maximum spacing between hydrants as indicated in Table 507.5.7.1 and the following:
1. A hydrant shall be placed at each intersection except where this would provide excessive hydrant coverage.
101
EXCEPTION: The spacing of hydrants shall have an individual tolerance of ten (10) percent. However, the average spacing between any three (3) adjacent hydrants shall not exceed the required spacing.
2. Fire hydrant spacing shall be computed separately for each side of major highways, divided roadways, canals, or railways.
3. The last hydrant on a cul-de-sac or stub street shall not be more than onehalf (½) the maximum spacing from the end of the street.
TABLE 507.5.7.1 – FIRE FLOW REQUIREMENTS
a When required by the fire code official, the required fire flow may be increased in accordance with Section 507.3.
507.5.7.2 Installation. Whenever any hydrant or other valve which is intended for use for fire suppression purposes, is installed or replaced, the same shall be installed or replaced in accordance with the Shafter Development Standards. 507.5.7.3 Water Distribution System. The water distribution system shall be provided with valves and other facilities, such as tanks, so that no point on any lot at the street right-of-way shall be more than one and one-half (1½) times the maximum hydrant spacing from a working hydrant as a result of any single break or shut down for repairs, except where impractical.
All water mains serving hydrants shall have a minimum nominal diameter of 6 inches (15 mm). Stub lines over 800 feet (24 m) in length or supporting more than one hydrant shall have a minimum nominal diameter of 8 inches (20 mm).
15.32.110 Appendix D Section D103.6 amended – Fire Lanes.
Section D103.6 of Appendix D of the Shafter Fire Code is amended to read as follows:
D103.6 Fire Lanes.
D103.6.1 Where Required. Fire Lanes shall be provided to and along the front and/or any side of all shopping complexes more than 150 feet (45 720 mm) from District
Classification
Minimum
Fire Flow a
Minimum
Duration
(Hours)
Maximum
Hydrant
Spacing
Residential
Includes: 1- and 2-family
dwellings
500 GPM
1893 L/min 1
660'
202 m
Commercial
Includes: all commercial uses,
hotels, apartments, multiple
residence buildings, schools, and
colleges
1,500 GPM
5678 L/min 2
330'
101 m
Industrial 1,500 GPM
5678 L/min 4
330'
101 m
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a public street and all other buildings other than dwellings when in the judgment of the fire code official, fire lanes are deemed necessary for the protection of life and property.
D103.6.2 Clearances. Fire Lanes shall be located as determined by the fire code official and shall not be less than 20 feet (6096 mm) in width, with inside turning radiuses of not less than 20 feet (6096 mm) and shall have a clear height of not less than 15 feet (4572 mm).
D103.6.3 Obstruction. Fire Lanes shall be maintained clear at all times without exception. It shall be unlawful for any person to impair or block such fire lanes by vehicle parking or placing any other obstruction therein. Fire lane signs shall not be obstructed from view by oncoming traffic.
D103.6.4 Fire Lane Identification. Fire Lanes shall be identified in such a manner so as to leave no doubt as to their existence and intended purposes.
Identification shall be by means of permanent signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and be constructed of 14 gage steel or aluminum. The signs shall have a reflective white background with red lettering and a ¼-inch wide stripe along all four sides of the sign. The signs shall read NO STOPPING – FIRE LANE, with lettering a minimum of 1 inch in height. Where deemed necessary by the fire code official, the signs shall be supplemented by a painted red curb which is parallel and adjacent to the fire lane.
Figure D103.6
Fire Lane Sign
D103.6.4.1 Fire Lane Sign Locations. Fire lane signs shall be located along the entire length of the fire lane and placed not more than 100 feet (3048 mm) NO
STOPPING
FIRE
LANE
SHAFTER CODE 15.32.110
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apart. Fire lane sign shall be installed within 25 feet (7620 mm) of any end of the fire lane. The fire lane signs shall be perpendicular to the flow of traffic and within 4 feet (1219 mm) of the edge of the driving surface of the fire lane. The fire lane signs shall be installed at a height of at least 7 feet above walking surfaces.
D103.6.5 Roads 20 to 32 feet in width. Fire lanes 20 feet wide (6096 mm) to 32 feet wide (7925 mm) shall be posted on both sides as a fire lane.
D103.6.6 Roads 32 to 40 feet in width. Fire lanes 32 feet wide (9754 mm) to 40 feet wide (12 192 mm) shall be posted on one side of the road as a fire lane.
15.32.115 Section 703.1.1 added – Maintenance.
Section 703.1.1 is added to Chapter 7 of the Shafter Fire Code to read as follows:
703.1.1 Maintenance. Any deficiency or lack of maintenance or opening or hole in the structure which would tend to increase the severity of fire or the spread of fire shall be corrected immediately.
15.32.120 Section 806.1.1 amended – Restricted Occupancies.
Section 806.1.1 of Chapter 8 of the Shafter Fire Code is amended by adding Exception 3 to read as follows:
3. Trees located and treated in accordance with Kern County Fire Prevention Standard 806.1-1.
15.32.125 Section 903.2.1 amended – Group A.
Section 903.2.1 of Chapter 9 of the Shafter Fire Code 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.
15.32.130 Section 903.2.1.1 amended – Groups A-1, A-3 and A-4.
Section 903.2.1.1 of Chapter 9 of the Shafter Fire Code is amended to read as follows:
903.2.1.1 Groups A-1, A-3 and A-4. An automatic sprinkler system shall be provided throughout buildings containing a Group A-1, A-3 or A-4occupancy.
EXCEPTIONS:
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1. Assembly rooms or spaces with a cumulative area less than 1,000 square feet (93 m2) where no alcohol is consumed.
2. Group A-3 occupancies located on the level of exit discharge provided the fire area does not exceed 5,000 square feet (464 m2) and the occupant load is less than 100 and the building contains a fire alarm as required by Section 907.2.1.
15.32.135 Section 903.2.1.3 deleted – Group A-3.
Section 903.2.1.3 of Chapter 9 of the Shafter Fire Code is deleted.
15.32.140 Section 903.2.1.4 deleted – Group A-4.
Section 903.2.1.4 of Chapter 9 of the Shafter Fire Code is deleted.
15.08.145 Section 903.2.2.1 added – Group B.
Section 903.2.2.1 is added to Chapter 9 of the Shafter Fire Code 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.
3. The combined area of all Group B fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
15.32.150 Section 903.2.3 amended – Group E.
Section 903.2.3, Item 1, of Chapter 9 of the Shafter Fire Code is amended to read as follows:
1. Throughout all Group E fire areas greater than 10,000 square feet (929 m2) in area.
15.32.155 Section 903.2.4 amended – Group F.
Section 903.2.4 of Chapter 9 of the Shafter Fire Code 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:
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.
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 fire area is used for cannabis cultivation, processing or extraction.
15.32.160 Section 903.2.7 amended – Group M.
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Section 903.2.7 of Chapter 9 of the Shafter Fire Code is amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
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.
15.32.165 Section 903.2.8.5 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.
15.32.170 Section 903.2.9 amended – Group S-1.
Section 903.2.9, Item 1, of Chapter 9 of the Shafter Fire Code is amended to read as follows:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 10,000 square feet (929 m2).
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).
5. A Group S-1 fire area storing cannabis or cannabis products.
15.32.175 Section 903.2.9.1 amended – Repair Garages.
Section 903.2.9.1 of the Shafter Fire Code 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 Section 406.8 of the Shafter Building Code, as follows:
1. Buildings with a fire area containing a repair garage exceeding 10,000 square feet (929 m2).
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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).
15.32.180 Section 903.2.10 amended - Group S-2.
Section 903.2.10 of the Shafter Fire 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).
15.32.185 Section 903.2.11.3 amended – Multi-story Buildings and Buildings 55 feet or more in height.
Section 903.2.11.3 of Chapter 9 of the Shafter Fire Code is amended to read as follows:
903.2.11.3 Multi-story Buildings and Buildings 55 feet (16 764 mm) 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.
15.32.190 Section 903.3.1.2.3 amended – Attics.
Section 903.3.1.2.3, Item 3, of Chapter 9 of the Shafter Fire Code 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.
15.32.195 Section 903.3.10 added – Fire Sprinkler Control Room.
Section 903.3.10 of Chapter 9 of the Shafter Fire Code is added to read as follows:
903.3.10 Fire Sprinkler Control Room. Where an automatic fire sprinkler system is installed in a building and the system protects multiple tenant spaces,
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the main controls, risers, gauges 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. In buildings with a required fire alarm control room in accordance with Section 907.11, the equipment required to be in the fire sprinkler control room and the equipment required in the fire alarm control room can be collocated in one room.
15.32.200 Section 903.6 amended – Existing Buildings.
Section 903.6 of Chapter 9 of the Shafter Fire Code is amended to read as follows:
903.6 Existing Buildings. An automatic sprinkler system shall be installed in existing buildings as required in Sections 903.6.1 through 903.6.3. 903.6.1 Pyroxylin Plastics. An automatic sprinkler system shall be provided in all existing buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled where required in Chapter 11. 903.6.2 Group I-2. An automatic sprinkler system shall be provided in Group I-2 where required in Chapter 11.
903.6.3 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 code official and building code 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.
15.32.205 Section 905.5.3 deleted – Class II System 1-inch Hose.
Section 905.5.3 of Chapter 9 of the Shafter Fire Code is deleted.
15.32.210 Section 907.2.1 amended – Group A.
The first paragraph of Section 907.2.1 of Chapter 9 of the Shafter Fire Code is amended to read as follows:
907.2.1 Group A. A manual alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in all Group A occupancies.
15.32.215 Section 907.2.8.1 amended – Manual Fire Alarm System.
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Section 907.2.8.1 of Chapter 9 of the Shafter Fire Code is amended to read as follows:
907.2.8.1 Manual Fire Alarm System. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in all Group R-1 occupancies.
Exception: Manual fire alarm boxes are only required
at exterior exit doors on the level of exit discharge if the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.
15.32.220 Section 907.2.9.1 amended – Manual Fire Alarm System.
Section 907.2.9.1 of Chapter 9 of the Shafter Fire Code is amended by deleting Exceptions 1, 2 and 3.
15.32.225 Section 907.11 added – Fire Alarm Control Room.
Section 907.11 of Chapter 9 of the Shafter Fire Code is added to read as follows:
907.11 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. In buildings with a required fire sprinkler control room in accordance with Section 903.3.10, the equipment required to be in the fire alarm control room and the equipment required in the fire sprinkler control room can be collocated in one room.
15.32.230 Chapter 11 amended – Construction Requirements for Existing Buildings.
The following sections of Chapter 11 of the Shafter Fire Code are deleted:
1101 – General.
1103.4 through 1103.6.2 – Fire Safety Requirements
1103.7.1, 1103.7.2, 1103.7.5 and 1103.7.5 – Fire Alarm Systems 1103.9 – Carbon Monoxide Detection (adopting 1103.9.1). 1103.10 – Medical Gases
1104 – Means of Egress for Existing Buildings
1105 – Existing Group I-2
1106 – Requirements for Outdoor Operations
15.32.235 Section 1201.1 amended – Scope.
Section 1201.1 of Chapter 12 of the Shafter Fire Code is amended to read as follows:
1201.1 Scope. The provisions of this chapter shall apply to the installation, operation, maintenance, repair, retrofitting, testing, commissioning and decommissioning of energy systems used for generating or storing energy. It
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shall not apply to equipment associated with the generation, control, transformation, transmission, or distribution of energy installations that is under the exclusive control of an electric utility or lawfully designated agency. Energy storage systems regulated by Section 1207 shall comply with this chapter and NFPA 855.
15.32.240 Chapter 26 deleted – Fumigation and Insecticidal Fogging.
Chapter 26 the Shafter Fire Code is deleted.
15.32.245 Section 3703.4 amended – Agricultural Products.
Section 3703.4 of Chapter 37 of the Shafter Fire Code is amended to read as follows:
3703.4 Agricultural Products. Hay, straw, seed cotton or similar agricultural products shall not be stored adjacent to structures or combustible materials unless a clear horizontal distance equal to the height of a pile is maintained between such storage and structures or combustible materials. Storage shall be limited to stacks of 100 tons (91 metric tons) each. Either an approved one hour fire barrier constructed as specified in the Shafter Building Code or a clear space of 20 feet (6096 mm) shall be maintained between such stacks.
Quantities of hay, straw, seed cotton and other agricultural products shall not be limited where stored on a farm or on other premises located within an AExclusive Agricultural Zone, as defined in the Zoning Ordinance of Shafter.
15.32.250 Chapter 39 amended – Cannabis Cultivation, Processing and Extraction Facilities.
Chapter 39 of the Shafter Fire Code is amended to read as follows:
CHAPTER 39 PROCESSING AND EXTRACTION FACILITIES
SECTION 3901 GENERAL
3901.1 Scope. Plant processing or extraction facilities shall comply with this chapter and the Shafter Building Code. The extraction process includes the act of extraction of the oils and fats by use of a solvent, desolventizing of the raw material, production of the miscella, distillation of the solvent from the miscella and solvent recovery. The use, storage, transfilling and handling of hazardous materials in these facilities shall comply with this chapter, other applicable provisions of this code and the Shafter Building Code.
3901.2 Existing buildings or facilities. Existing buildings or facilities used for the processing of plants shall comply with this chapter. Existing extraction processes where the medium of extraction or solvent is changed shall comply with this chapter.
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3901.3 Permits. Permits shall be required as set forth in Sections 105.5 and 105.6.
SECTION 3902 DEFINITIONS
3902.1 Definitions. The following terms are defined in Chapter 2:
DESOLVENTIZING.
MISCELLA.
SECTION 3903 PROCESSING AND EXTRACTION
3903.1 Construction. Plant processing and extraction shall be located in a building complying with the Shafter Building Code.
3903.2 Prohibited occupancies. Extraction processes utilizing flammable gases or flammable cryogenic fluids shall not be located in any building containing a Group A, E, I or R occupancy.
3903.3 Location. The extraction equipment and extraction processes utilizing flammable or combustible hydrocarbon solvents shall be located in a room or area dedicated to extraction.
3903.4 Doors. All doors in the extraction room shall be self-closing doors. All exit or exit access doors shall swing in the direction of egress and be equipped with panic hardware or fire exit hardware.
3903.5 Post-process purification and winterization. Postprocessing and winterization involving the heating or pressurizing of the miscella to other than normal pressure or temperature shall be approved and performed in an appliance listed for such use. Domestic or commercial cooking appliances shall not be used.
3903.5.1 Industrial ovens. The use of industrial ovens shall comply with Chapter 30.
3903.6 Use of flammable and combustible liquids. The use of flammable and combustible liquids for liquid extraction processes where the liquid is boiled, distilled or evaporated shall be located within a hazardous exhaust fume hood, rated for exhausting flammable vapors. Electrical equipment used within the hazardous exhaust fume hood shall be rated for use in flammable atmospheres.
Heating of flammable or combustible liquids over an open flame is prohibited.
Exception: The use of a heating element not rated for flammable atmospheres, where documentation from the manufacture, or approved testing laboratory indicates the element is rated for heating of flammable liquids.
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3903.7 Liquefied petroleum gas. Liquefied petroleum gases shall not be released to the atmosphere except where released in accordance with Section
7.3 of NFPA 58.
SECTION 3904 SYSTEMS AND EQUIPMENT
3904.1 General. Systems and equipment used with the processing and extraction of oils and products from plants shall comply with Sections 3904.2 through 3904.5 and 5003.2, and other applicable provisions of this code, the Shafter Building Code and the Shafter Mechanical Code.
3904.2 Systems and equipment. Systems or equipment used for the extraction of oils from plant material shall comply with Section 3904.2.1 or 3904.2.2. 3904.2.1 Listings. Systems or equipment used for the extraction of oils from plant material shall be listed and labeled in accordance with UL 1389 and installed in accordance with the listing and the manufacturer’s installation instructions.
3904.2.2 Approvals. Systems or equipment used for the extraction of oils from plant material shall be approved for the specific use. The system shall be reviewed by a registered design professional. The registered design professional shall review and consider any information provided by the system’s designer or manufacturer. The registered design professional shall evaluate the equipment in accordance with Section 3904.3 and shall prepare a technical report to be submitted to the fire code official for review and approval. The firm or individual preparing the technical report shall be approved by the fire code official prior to performing the analysis.
3904.3 Technical report. A technical report, reviewed and approved by the fire code official as required by Section 3904.2, is required prior to the equipment being located or installed at the facility.
3904.3.1 Report content. The technical report shall contain all of the following:
1. Manufacturer information.
2. Preparer of record of the technical report.
3. Date of review and report revision history.
4. Signature page, including all of the following:
4.1. Author of the report.
4.2. Date of report.
4.3. Date and signature of registered design professional of record performing the design or peer review.
5. Model numbers of the items evaluated. If the equipment is provided with a serial number, the serial number shall be included for verification at the time of site inspection.
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6. Methodology of the design or peer review process used to determine minimum safety requirements. Methodology shall consider the basis of design, and shall include a code analysis and code path to demonstrate whether specific codes or standards are applicable.
7. Equipment description. A list of every component and subassembly, such as fittings, hose, quick disconnects, gauges, site glass, gaskets, valves, pumps, vessels, containers and switches, of the system or equipment, indicating the manufacturer, model number, material and solvent compatibility. Manufacturer’s data sheets shall be provided.
8. A general flow schematic or general process flow diagram of the process.
Post-processing or winterization shall be included in this diagram. Primary components of the process equipment shall be identified and match the equipment list required in Item 7. Operating temperatures, pressures and solvent state of matter shall be identified in each primary step or component. A piping and instrumentation diagram (PID or P&ID) shall be provided.
9. Analysis of vessels if pressurized beyond standard atmospheric pressure.
Analysis shall include purchased and fabricated components.
10. Structural analysis for the frame system supporting the equipment.
11. Process safety analysis of the extraction system, from the introduction of raw product to the end of the extraction process.
12. Comprehensive process hazard analysis considering failure modes and points of failure throughout the process. The process hazard analysis shall include a review of emergency procedure information provided by the manufacturer of the equipment or process and not that of the facility, building or room.
13. Review of the assembly instructions, operational and maintenance manuals provided by the manufacturer.
14. List of references used in the analysis.
15. Operating temperatures, pressures and solvent state of matter shall be identified in each primary step or component.
16. Identify the type, quantity and method of use of all hazardous materials. 3904.4 Site inspection. Prior to operation of the extraction equipment, where required by the fire code official, the engineer of record or approved professional, as approved in Section 3904.2, shall inspect the site of the extraction process once equipment has been installed for compliance with the technical report and the building analysis. The engineer of record or approved professional shall provide a report of findings and observations of the site inspection to the fire code official prior to the approval of the extraction process. The field inspection report authored by the engineer of record shall include the serial number of the equipment used in the process and shall confirm that the equipment installed is the same model and type of equipment identified in the technical report. 3904.5 Maintenance. All equipment, devices and safety systems shall be maintained in an operable condition. All safety devices shall be tested annually,
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or more frequently when required by the manufacturer. Written records of inspection, testing and maintenance shall be maintained.
SECTION 3905 SAFETY SYSTEMS
3905.1 Automatic sprinkler system. Buildings containing plant extraction systems shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1.
3905.2 Gas detection. For extraction processes utilizing flammable gases as solvents, a continuous gas detection system shall be provided complying with Section 916.
3905.2.1 System design. The flammable gas detection system shall be listed or approved and shall be calibrated to the types of fuels or gases used for the extraction process. The gas detection system shall be designed to activate when the level of flammable gas exceeds 25 percent of the lower flammability limit (LFL) or the lower explosive limit (LEL).
3905.2.2 Gas detection system components. Gas detection system control units shall be listed and labeled in accordance with UL 864 or UL 2017. Gas detectors shall be listed and labeled in accordance with UL 2075 for use with the gases and vapors being detected.
3905.2.3 Operation. Activation of the gas detection system shall result in all the following:
1. Initiation of distinct audible and visual alarm signals in the extraction room and outside the extraction room adjacent to the entry door into the extraction room.
2. Deactivation of all heating systems located in the extraction room.
3. Activation of the mechanical ventilation system, where the system is interlocked with gas detection.
3905.2.4 Failure of the gas detection system. Failure of the gas detection system shall result in the following:
1. Deactivation of all heating systems in the extraction room.
2. Activation of the mechanical ventilation system where the system is interlocked with the gas detection system.;
3. Initiation of audible and visible trouble signals in an approved location.
3905.2.5 Interlocks. Electrical components within the extraction room shall be interlocked with the gas detection system. Activation of the gas detection system shall disable all light switches and electrical outlets in the extraction room.
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3905.3 Emergency shutoff. Extraction processes utilizing gaseous hydrocarbon-based solvents shall be provided with emergency shutoff systems in accordance with Section 5803.1.3.
15.32.255 Section 5001.7 added – Facility Correction Plan.
Section 5001.7 of Chapter 50 of the Shafter Fire Code is added to read as follows:
5001.7 Facility Correction Plan. When required by the fire code official, any business subject to regulation by this code shall submit a Facility Correction Plan to the fire code official. When such business is required to complete corrective action concerning adequate labeling, or repackaging damaged or deteriorated containers, the owner shall submit a facility correction plan within the time specified by the fire code official.
The Facility Correction Plan shall demonstrate that hazardous materials, stored, dispensed, handled or used in the facility shall be transported, disposed of or handled in a manner that eliminates the need for further maintenance, that eliminates any threat to public health and safety, and that ensures all federal, state and local requirements will be met to ensure the safe closure or correction of the facility.
The business shall not commence any action to correct the facility until the plan has been approved.
15.32.260 Sections 5601.1.3 amended – Fireworks.
Section 5601.1.3, Item 5, is added to Chapter 56 of the Shafter Fire Code to read as follows:
5. Fireworks defined and classified as "Safe and Sane" in accordance with the provisions of California Code of Regulations, Title 19, may be displayed, sold, possessed and used as allowed in Section 5614.
15.32.265 Section 5604.1.1 added – Storage within Established Limits.
Section 5604.1.1 is added to Chapter 56 of the Shafter Fire Code to read as follows:
5604.1.1 Storage within Established Limits. Storage of explosive materials is prohibited within the limits established by law as the limits of districts in which such storage is prohibited.
15.32.270 Section 5614 added – Safe and Sane Fireworks.
Section 5614 is added to Chapter 56 of the Shafter Fire Code to read as follows:
5614 Safe and Sane Fireworks.
5614.1 General. Fireworks defined and classified as "Safe and Sane" in accordance with the provisions of California Code of Regulations, Title 19, may
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be displayed, sold, possessed and used pursuant to this Section, except within the Wildland-Urban Interface Fire Area.
5614.2 Permits.
5614.2.1 Permit Required. It shall be unlawful for any person to offer for sale any fireworks without first obtaining a permit from the Shafter Fire Department. A permit shall not be issued unless the person applying for the permit has first obtained a license from the California State Fire Marshal in accordance with the provisions of California Code of Regulations, Title 19, Subchapter 6. No one organization may receive more than one permit for fireworks sales during any one calendar year. See Section 105.5.
5614.2.2 Non-Profit or Charitable Organization. A permit for the sale of "Safe and Sane Fireworks" shall be issued only to a nonprofit organization or corporation organized and existing primarily for veterans, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the County for a period of at least one year prior to the filing of an application for permit.
5614.2.3 Application for Permit. An application for a permit shall be filed with the Kern County Fire Department Fire Prevention Office between 8:00 A.M. on March 1 and 5:00 P.M. on May 15 of each year. Any permit issued shall be valid only for the premises or location for which it is issued, shall not be transferable, assignable or renewable, and shall be valid only for the times and dates specified in the permit. Each application shall include the following information and documents:
1. Name and address of the applicant. The applicant must be an officer of the organization.
2. The purpose of the nonprofit organization or corporation; its principal and permanent meeting place; the approximate date of its establishment in the County; the total number of its local membership; and the names and addresses of its officers.
3. The location where the applicant will sell safe and sane fireworks, together with a plot plan showing the location of the temporary fireworks stand and all related structures, and written approval and consent to use such location for such use by the owner or lessee.
4. The zoning district applicable to the location where such fireworks are to be displayed and sold.
5. A plot plan showing the location of the temporary fireworks stand, property lines, utilities, location of permanent and temporary structures, driveways and sanitary facilities. Include the latitude and longitude of the fireworks stand, as determined by a Global Positioning System.
6. A $1,000,000 public liability and a $1,000,000 property damage insurance policy and products' liability insurance in the amount of $1,000,000 with riders
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attached to the policies designating the County of Kern as an additional insured thereunder.
7. A roster of the current officers of the organization.
8. Written authorization from the owner, or person in lawful possession thereof, for the locating of the fireworks booth upon their property.
9. Proof of non-profit or charitable organization status. 5614.3 Fireworks Stands.
5614.3.1 General. All retail sales of safe and sane fireworks shall be permitted only from a fireworks stand and the sale from any other facility, building, structure or location is hereby prohibited. Fireworks stands shall be in accordance with Section 5614.3.
5614.3.2 Location. Fireworks stands shall be located:
1. In zones allowed by the Shafter Zoning Ordinance and the Shafter Fire Code.
3. On publicly owned property, including property owned by school districts, with the approval of the Director of the Planning Department, or
4. On property developed with church facilities, with the approval of the Shafter Planning Director.
5. In accordance with Table 5614.3.2.
Table 5614.3.2
Separation Distances for Fireworks Booths
Exposure Distance (feet)
x .3048 for m
Other fireworks stands 500
Fuel storage, or fuel dispensing pump 100
Fuel storage tank fill connection 100
Repair garage or fixed open flame
device
100
Other buildings 50
Street, alley, driveway or curbline 10
Property line 3
5614.3.3 Construction and Removal.
1. Fireworks stands shall be constructed in a manner which will reasonably ensure the safety of attendants and patrons.
2. Each fireworks stand must have at least two exits. Each fireworks stand in excess of 40 feet (12 192 mm) in length must have at least three exits. Exits shall have a minimum width of 30 inches (76 mm). An aisle with a minimum width of 30 inches (76 mm) shall lead to each exit. Exit doors shall be operable from the inside without the use of a key or any special knowledge or effort.
3. The fireworks stand and all accompanying litter shall be removed from the temporary location by 12:00 noon on the 15th day of July.
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5614.3.4 Electrical Wiring.
1. All electrical wiring to or within a fireworks stand shall be installed in accordance with the Shafter Electrical Code and this Section.
2. All wiring in or on a fireworks stand shall be in rigid raceway or electrical metallic tubing (EMT).
3. Electrical wiring within the fireworks stand shall be limited to use for lighting and two duplex receptacles for sales equipment only. 5614.3.5 Fire Safety.
1. Each fireworks stand shall be provided with two 2-A rated water base fire extinguishers. Each such extinguisher shall be properly serviced and tagged, and easily accessible for use in case of fire.
2. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any fireworks stand, or within 50 feet (15 240 mm) thereof.
3. Smoking shall not be allowed in any fireworks stand nor within 50 feet (15 240 mm) thereof. "No Smoking" signs shall be prominently displayed.
4. All weeds and combustible material shall be cleared from the location of the fireworks stand, including a distance of at least 20 feet (6096 mm) surrounding the fireworks stand.
5. There shall be available to each fireworks stand, a trash container of sufficient size to accommodate trash generated by the fireworks stand. Each trash container shall be constructed of non-combustible material. Each trash container must be maintained a minimum of 20 feet (6096 mm) from the fireworks stand.
5614.3.6 Operations. Operation of fireworks stands shall be in accordance with the following:
1. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand.
2. No person under age 18 shall be permitted in a fireworks stand.
3. There shall be at least one adult on the premises as night watchman for security during the hours of storage. Under no circumstances shall the watchman sleep within the fireworks stand. Accommodations for the watchman shall not be located within 25 feet (7620 mm) of the fireworks stand. 5614.4 Sale of Safe and Sane fireworks.
5614.4.1 Posting of Permits. All permits must be posted in a conspicuous place in or on the fireworks stand.
5614.4.2 Sales Period. Fireworks shall be sold only between the hours of 12 noon to 11:00 PM on July 1, and the hours of 6:00 AM to 11:00 PM on July 2 and July 3, and the hours of 6:00 AM on July 4 to 12:01 AM on July 5 of any year; provided, however, in any year in which the Fourth of July falls on a Wednesday,
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Thursday or Friday, said sales period may be extended by the Board of Supervisors or its appointed designee to allow sales commencing at 12 noon on June 29 based on a showing by an individual charitable organization of unequal sales periods in an adjacent city in the County or in a neighboring city or county.
The sales period on the additional days of sale will be limited to 12 noon to 10:00 PM on June 29, and the hours of 9:00 AM to 10:00 PM on June 30 to July 3. Any charitable organization electing to make a request for an extension must meet all requirements to sell safe and sane fireworks and must file an application for the extension with the Fire Chief on or before May 15 of the year the extension is sought. The application shall contain a statement of facts demonstrating the unequal sales periods in an adjacent city in the County or in a neighboring city or county. Upon receipt of the recommendation of the Fire Chief, the Clerk of the Board of Supervisors shall set the matter before the Board of Supervisors for consideration.
5614.4.3 Sale to Persons under Sixteen Prohibited. No person shall sell or transfer any safe and sane fireworks to a person who is under 16 years of age from any fireworks stand.
5614.4.4 Use of Safe and Sane Fireworks. Except under Special Effects Permit or Public Display Permit, Safe and Sane fireworks shall only be used or discharged between the hours of 12 noon on July 1 to 12:01 AM of the next day, and the hours of 9:00 AM to 12:01 AM of the next day on July 2 and July 3, and the hours of 9:00 AM on July 4 to 12:30 AM on the next day, and the hours of 12:00 noon on December 31 to 12:30 AM of the next day of any year. 5614.5 Seizure of Fireworks. The fire code official shall have the authority to seize, take and remove fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6.
15.32.275 Section 5704.2.7.10 amended – Leak Reporting.
Section 5704.2.7.10 of Chapter 57 of the Shafter Fire Code is amended to read as follows:
5704.2.7.10 Leak Reporting. Any consistent or accidental loss of liquid, or other indication of a leak from a tank system, shall be reported immediately to the fire code official, the Kern County Environmental Health Department and to other affected and/or authorized agencies.
15.32.280 Section 5704.2.9.6.1 amended – Locations Where Aboveground Tanks are Prohibited.
Section 5704.2.9.6.1 of Chapter 57 of the Shafter Fire Code is amended to read as follows:
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5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited, except where allowed by the Shafter Zoning Ordinance and Shafter Fire Code.
15.32.285 Section 5706.2.4.4 amended – Locations Where Above-ground Tanks are Prohibited.
Section 5706.2.4.4 of Chapter 57 of the Shafter Fire Code is amended to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited, except as allowed by the Shafter Zoning Ordinance and Shafter Fire Code.
15.32.290 Section 5706.3.1.3 amended – Buildings.
Section 5706.3.1.3 of Chapter 57 of the Shafter Fire Code is amended to read as follows:
5706.3.1.3 Buildings. Wells shall not be drilled within 100 feet (30 480 mm) of buildings not necessary to the operation of the well.
EXCEPTION: For other than buildings of Group A, E or I occupancies, the minimum distances mentioned in this section may be reduced under the following circumstances when approved by the fire code official:
1. The distance may be reduced to 50 feet (15 240 mm) if every exterior wall within 100 feet (30 480 mm) of the wellhead, which could receive direct radiant heat from the wellhead, is of 1-hour fire resistive construction with no openings or parapets, and the entire building has a non-combustible roof.
2. The distance may be reduced to 25 feet (7620 mm) if every exterior wall within 100 feet (30 480 mm) of the wellhead, which could receive direct radiant heat from the wellhead, is of 2-hour fire resistive construction with no openings or parapets, and the entire building has a non-combustible roof.
3. The distance may be reduced to 25 feet (7620 mm) if the entire building has a non-combustible roof with no parapets, and a barrier is constructed between the wellhead and the building. Such barrier shall have a minimum fire rating of 4-hours. The minimum width of such barrier shall be as required to protect the portions of the building within the 100-foot (30 480 mm) distance from direct radiant heat originating at the wellhead. The minimum height of such barrier shall be the maximum height of the building.
15.32.295 Section 5706.3.3.3 amended – Security.
Section 5706.3.3.3 of Chapter 57 of the Shafter Fire Code is amended to read as follows:
5706.3.3.3 Security. Sumps, diversion ditches and depressions used as sumps containing petroleum products shall be securely fenced and screened in a manner meeting the specifications of California Code of Regulations, Title 14, Subchapter 2.
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15.32.300 Section 5804.2.1 added – Maximum Aggregate Capacity.
Section 5804.2.1 is added to Chapter 58 of the Shafter Fire Code to read as follows:
5804.2.1 Maximum Aggregate Capacity of Natural Gas Storage. The storage of natural gas at any one facility shall not exceed an aggregate water capacity of 183,000 gallons (5 181 974 L), except as allowed by the Shafter Zoning Ordinance and Shafter Fire Code.
15.32.305 Section 5806.2 amended – Limitations.
Section 5806.2 of Chapter 58 is amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids, including Liquefied Natural Gas (LNG), in stationary containers outside of buildings is prohibited, except as allowed by the Shafter Zoning Ordinance and Shafter Fire Code.
15.32.310 Section 6104.2 amended – Maximum Capacity within Established Limits.
Section 6104.2 of Chapter 61 is amended to read as follows:
6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas in excess of an aggregate of 2,000 gallons (7570 L) water capacity is prohibited, except in the following zoning districts:
EXCEPTION: The storage of liquefied petroleum gas in excess of 2,000 gallons water capacity is allowed in zones approved by the Shafter Zoning Ordinance and Shafter Fire Code. provided the following conditions are met:
1. The storage vessels are located at least one-half mile from property zoned or designated for residential use and at least one-half mile from existing residential development with a density greater than one dwelling unit per acre and at least one-half mile from any hotel or motel.
2. A Conditional Use Permit is issued by the Planning Director.
15.32.315 Section 6104.4 amended – Multiple LP-Gas Container Installation.
Section 6104.4, Item 4, of Chapter 61 of the Shafter Fire Code is amended to read as follows:
4. Protected by an approved system for application of water as specified in Table 6.5.1.2 of NFPA 58 or Shafter Fire Prevention Standard 6108.1-1, whichever is more restrictive.
15.32.320 Section 6108.1 amended – General.
Section 6108.1 of Chapter 61 of the Shafter Fire Code is amended to read as follows:
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6108.1 General. Fire protection shall be provided for installations having storage containers with a water capacity of more than 4,000 gallons (15 140 L), as specified in Section 6.29 of NFPA 58 or Kern County Fire Prevention Standard 6808.1-1, whichever is more restrictive.
15.32.325 Chapter 80 amended – Referenced Standards.
Chapter 80 of the Shafter Fire Code is amended as follows:
NFPA 855-2020 – Standard for the Installation of Stationary Energy Storage Systems…….1201.1
15.32.330 Appendix D Section D103.3 amended – Turning Radius.
Section D103.3 of Appendix D of the Shafter Fire Code is amended to read as follows:
D103.3 Turning Radius. The inside turning radius of a fire apparatus access road shall be a minimum of 48 feet (15 748 mm).
15.32.335 Appendix D Section D103.4 and Table D103.4 amended – Deadends.
Section D103.4 and Table D103.4 of Appendix D of the Shafter Fire Code is amended to read as follows:
TABLE D103.4
REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS
Parcel Size
(Acres)
Maximum
Length
of Road
(feet)
Minimum
Width
of Road
(feet)
Turnaround
Configuration
Less Than 150 20 None Required
151 – 500 20
Less Than 1
501 – 800 26
120-foot Hammerhead,
60-foot “Y,” or
96-foot diameter cul-de-sac,
in accordance with Figure
D103.1
1 – 5 1,320 26
6 – 20 2,640 26
More Than
20 5,280 26
Special Approval Required
Where a dead-end fire apparatus access road serves areas in which several different length limits could apply because of several different parcel sizes, the shortest allowable length shall apply.
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Section 12. Chapter 15.34, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.34, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.34
RESIDENTIAL SWIMMING POOL AND SPA CODE
Sections:
15.34.010 Short title.
15.34.020 International Swimming Pool and Spa Code – Adopted.
15.34.025 International Swimming Pool and Spa Code – Provisions not adopted.
15.34.030 International Swimming Pool and Spa Code –
Amendments.
15.34.040 Reserved
15.34.050 Reserved
15.34.060 Section 202 amended – Definitions.
15.34.070 Added - Conflicts.
15.34.080 Reserved
15.34.010 Short title.
This chapter may be cited as the "Shafter Residential Swimming Pool and Spa Code."
15.34.020 International Swimming Pool and Spa Code– Adopted.
That portion of the International Swimming Pool and Spa Code, 2021 Edition, including Appendix AX of the 2022 California Residential Code (California Swimming Pool Safety Act), as modified and amended by this chapter, is adopted by this reference into the Shafter Residential Swimming Pool and Spa Code.
15.34.025 International Swimming Pool and Spa Code – Provisions not adopted.
The following provisions of the International Swimming Pool and Spa Code are not adopted as part of this chapter and shall not apply thereto:
A. Section 105.3 Time limitation of application
B. Section 112 Board of Appeal
C. Chapter 4 through 6 of the International Swimming Pool and Spa Code.
D. Appendix A Board of Appeals
15.34.030 International Swimming Pool and Spa Code – Amendments.
The following sections of the 2021 International Swimming Pool and Spa Code, are amended to read as follows:
Section 101.1 amended – Title.
Section 101.1 is amended to read as follows:
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Section 101.1 Title. These regulations shall be known as the Shafter Residential Swimming Pool and Spa Code, hereinafter referred to as “this code”.
Section 101.2 amended – Scope
Section 101.2 us amended to read as follows:
Section 101.2 Scope. The provisions of this Code shall apply to the construction, alteration, movement, renovation, replacement, repair, and maintenance of residential Aquatic recreation facilities, pools, and spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing, or wading.
Section 102.7.1 amended – Application of the International Codes Section 102.7.1 is amended to read as follows
Section 102.7.1 Application of the California Codes. All references in this chapter to provisions and sections of the International Building Code, the International Residential Code, the International Fire Code, the International Pluming Code, the International Mechanical Code, the NFPA 70 or the International Energy conservation Code shall be replaced with the corresponding provisions and sections of the Shafter Building Code, the Shafter Residential Code, Shafter Fire Code, the Shafter Plumbing Code, Shafter Mechanical Code, the Shafter Electrical Code, and the Shafter Energy Code, respectively. All references to the International Fuel Gas Code shall be replaced with the corresponding references to the Shafter Plumbing Code.
Section 103.1 amended – Creation of agency.
Section 103.1 is amended to read as follows:
Section 103.1 Creation of agency. The Shafter Building Director shall enforce this code and the Building Official shall be the code official.
Section 113.4 amended – Violation penalties.
Section 113.4 is amended to read as follows:
Section 113.4 Violation penalties. Any persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, or repair a pool or spa in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalities prescribed by law.
All of Section 304 is amended to read as follows:
Section 304 – Flood Hazard Areas
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Section 304 General. The design and construction of pools and spas installed in flood hazard areas shall comply with Chapter 15.44 of the Ordinance Code and other applicable sections of this code.
15.34.040 Reserved
15.34.050 Reserved
15.34.060 Section 202 amended – Definitions.
Section 202 of the International Swimming Pool and Spa Code is amended by changing or adding certain definitions as follows:
A. Definitions added.
“Board” and “Board of Appeals” are added and shall mean the Shafter Board of Building Appeals, established by Section 15.04.160 of the Shafter Municipal Code.
“Building Official” shall mean the Building Permit and Services Department and the Director of.
B. Definitions amended.
“Code Official” shall mean the Shafter Building Code, as adopted by the Code of Building Regulations.
“Housing Code” shall mean the “Building Official”.
15.34.070 Section 301.1.2 added – Conflicts.
Section 301.1.2 is added to read as follows:
Section 301.1.2 Conflicts. In the event of a conflict between the provisions of the California Swimming Pool Safety Act, the International Swimming Pool and Spa Code, 2021 Edition, the 2022 California Building Code, or the 2022 California Residential Code, the Building Official shall implement the most restrictive measures citied.
Section 303.1.2.1 added – Operating time.
Section 303.1.2.1 is added to read as follows:
Section 303.1.2.1 Operating time. A time switch or other control mechanism shall be installed as part of a pool water circulation control system that will allow all pumps to be set or programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the conditions required by applicable public health standards. [California Energy Code 110(b)3ii]
15.34.080 Reserved
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Section 13. Chapter 15.36, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.36, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.36
BUILDING RELOCATION
Sections:
15.36.010 Short title.
15.36.020 Construction of terms.
15.36.030 Definitions.
15.36.040 Applicability.
15.36.050 Other permits and requirements.
15.36.060 Relocation permit – Compliance with chapter – Required.
15.36.070 Special permit – Licensed mover moving building to own lot.
15.36.080 Special permit – Moving building to different jurisdiction.
15.36.090 Relocation permit – Application – Fees.
15.36.100 Relocation permit – Denial – Grounds.
15.36.110 Relocation permit – Application – Plans and data.
15.36.120 Permit – Expiration and extension.
15.36.130 Building permits, plan checking – Fees.
15.36.140 Standards for repairs, remodeling or additions – Additional terms and conditions.
15.36.150 Relocation permit – General conditions.
15.36.160 Delay in completion – Liquidated damages.
15.36.170 Obligations.
15.36.180 Determination of default – Notice.
15.36.190 Default – Form of notice – Service.
15.36.200 Completion of work by applicant after notice.
15.36.210 Interference with City.
15.36.220 Default – Suite or other legal proceedings.
15.36.230 Default – City authority to complete work or demolish building.
15.36.240 Appeals.
15.36.010 Short title.
This chapter may be cited as the "Shafter Moved Building Regulations."
15.36.020 Construction of terms.
For the purposes of this chapter certain phrases, words, and their derivatives shall be construed as specified in this section. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine, the masculine.
15.36.030 Definitions.
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Phrases, words and their derivatives used but not defined in this chapter shall have the meaning defined in this title, including the respective codes as therein adopted or modified.
"Building" means any building or structure, as defined in the Shafter Building Code.
"Move,” "movement" and "moving," when used with reference to a building, means any manner of horizontal movement thereof."
"Neighborhood of the proposed site" means and includes, but is not confined to, a radius of three hundred (300) feet measured from the exterior boundaries of the lot or parcel on which it is proposed to relocate a building. "Permit" means and includes an appropriate permit to move or relocate a building, as the case may be, unless otherwise expressly described. "Public ways" includes public or city streets, highways, alleys and sidewalks.
15.36.040 Applicability.
A. This chapter shall not apply to the moving of any kind of building or structure for which no building permit would be required in case of new construction thereof.
B. This chapter shall not apply to the moving of a building temporarily to a point on the same building lot or site for the purpose of renewing or replacing the foundation or footings of such building in substantially the same location as before.
C. This chapter shall not apply to the first move only of buildings constructed under and conforming to provisions of the State Factory Built Housing Law, or non-state approved factory built buildings constructed under a permit issued by the Shafter Building Inspection Division, or to a non-state approved factory built building which was constructed under a permit in another jurisdiction acceptable to the Shafter Building Inspection Division.
D. This chapter shall not apply to buildings that are not located within the incorporated area of City of Shafter that are to be moved through to a location outside the jurisdiction of the City, except such moving while within the incorporated areas of the City shall be done in accordance with subsections (F) and (G) of Section 15.36.080 of this chapter.
15.36.050 Other permits and requirements.
A. No permit for the moving of a building over public ways shall be issued by any officer or department of the City unless the applicant holds a valid permit for such building under this chapter or a certificate issued by the building official showing this chapter does not apply to moving of such building.
B. Nothing in this chapter shall be deemed to excuse compliance with any law, or any other chapter of this code or other ordinance regulating the moving of buildings over public ways.
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15.36.060 Relocation permit – Compliance with chapter – Required.
A. It is unlawful for any person to move any building within or into the incorporated area of the City, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.
B. It is unlawful for any person to maintain within the incorporated area of the City any building which has been moved, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.
C. It is unlawful for any person to cause or suffer any building to be moved onto, or any building which has been moved to be maintained on, any real property owned by such persons or under his control within the incorporated area of the City, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.
D. From and after the time a building has been caused to conform to all of the plans, terms and conditions of the permit for moving or relocating the same, or caused to conform to all of the applicable laws and regulations of the state of California and all of the building, housing, mechanical, plumbing and electrical standards imposed by this title, its further maintenance shall cease to be subject to the provisions of this section.
15.36.070 Special permit – Licensed mover moving building to own lot.
A. A licensed house mover shall be entitled to a special permit to move a building to his own storage lot in accordance with this section.
B. Such storage lot shall be properly zoned for storage of moved building, owned by the applicant, and described in his application and such permit.
C. Application for such a special permit shall be made and relocation survey fees shall be paid in the manner provided in Section 15.36.090 of this chapter, and a survey of the building to be so moved shall be made.
D. The building official shall deny the permit to so move the building to such storage lot for any of the causes for which a relocation permit is required to be denied, or if he shall determine that the applicant has not complied with any of the requirements of this section.
E. Such permit shall expire if the work of moving such building is not commenced within sixty (60) days after its issuance and thereafter diligently completed. Such permit shall also expire if within thirty (30) days after relocation of the building to the storage lot the building has not been removed from the cribbing and placed on an approved foundation system.
F. Such a building shall not be moved from the storage lot except following application for and issuance of a relocation permit for such purposes as in the case of any other building proposed to be moved, or unless a permit is issued under another applicable provision of this chapter.
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G. In event of subsequent application for a relocation permit, the building shall be subject to a new survey, and the City shall not be bound in any manner by any determination made of the previous survey of the building.
15.36.080 Special permit – Moving building to different jurisdiction.
A. A special permit shall be granted to move a building to a point outside the jurisdiction of City of Shafter or within the boundaries of an incorporated city in accordance with the provisions of this section.
B. Application for such special permit shall be made in writing to the building official.
C. Such application shall be accompanied by the permit authorizing the relocation of such building to the point mentioned in subsection (A) of this section or a true copy thereof, or by certificate issued by the building official of such other jurisdiction showing that no permit is required under its ordinances for the relocation of such building to such point.
D. The applicant shall agree in his application that the building shall only be moved to the point therein specified and in accordance with this section.
E. Such special permit shall expire thirty (30) days after the date of its issuance, and shall not be extended.
F. After the moving of any such building has begun, such building shall be moved continuously until it has been moved to a point outside the jurisdiction of City of Shafter, except as otherwise allowed in this section, and otherwise the movement or maintenance of such building shall be deemed to be in violation of the terms of such permit.
G. Notwithstanding the provisions of subsection (F) of this section, such building shall not be required to be moved during any period when it may not be permissible under any law or any other chapter or ordinance of City of Shafter, and such building may be stored temporarily on private property for one (1) or more non-consecutive periods, none of which shall exceed forty-eight (48) hours, or temporarily on a storage lot properly zoned for storage of moved buildings for a single period not exceeding one (1) week.
H. In the event of default and if the City elects to complete the building as elsewhere provided in this chapter, there is reserved to the City the authority to correct any errors or omissions which may appear in the plans required in Section
15.36.110 of this chapter, notwithstanding any prior approval thereof, and to proceed on the basis of such plans as so corrected.
15.36.090 Relocation permit – Application – Fees.
A. Every application for a relocation permit shall be filed with the building official on a form which he shall provide, and the applicant shall set forth therein such information as the building official may reasonably require in order to carry out the provisions of this chapter.
B. Concurrently with the filing of an application for a relocation permit, there shall be paid to the building official a relocation survey fee in such amount as fixed by resolution of the City Council, to help defray the cost of the surveys and investigations below mentioned.
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C. If a relocation survey is required to be conducted in any other city, an additional fee shall be charged for the mileage and inspection time expended in any other city, at the rate fixed by resolution of the City Council. The building official shall estimate the amount thereof, which shall be paid with the filing of the application; and upon completion of the survey the actual amount thereof shall be determined by the building official, and any surplus shall be returned or credited to the applicant and any deficiency shall be paid by him prior to any further proceedings with respect to the issuance of any permit; but if the building official denies the issuance of the relocation permit, the amount of such deficiency shall be canceled.
D. The relocation survey fee is in addition to such other fees as may be required under Chapter 15.04 of this title in connection with the repair, remodeling, reconstruction or additions to the building.
E. On receipt of such application and fees, the building official shall within seven (7) days complete a survey of the building and the site to which it is to be moved. The applicant is responsible for furnishing the building official with legal access to the interior of the building and its site and to the site to which it is to be moved.
F. On completion of such survey, the building official shall determine whether the proceedings for issuance of a permit should continue or whether the permit should be denied.
15.36.100 Relocation permit – Denial – Grounds.
The building official shall deny a relocation permit for any building which:
A. Is so constructed or in such condition as to be an unsafe building, as defined by this title;
B. Is infested with insects, vermin or rodents;
C. Contains dirt, trash, debris or abandoned property the presence of which may create a hazard to health or safety or a nuisance; D. Is so dilapidated or defective or in such condition of deterioration or disrepair that its relocation at the proposed site will be materially detrimental to any property and improvements in the neighborhood of the proposed site; E. Because of age, size, design or architectural treatment will not substantially conform to the general or prevailing design, plan and construction of the buildings in the neighborhood of the proposed site; F. If the cost of any repairs, remodeling or reconstruction thereof, as estimated by the building official, required to meet the standards determined by the building official in accordance with Section 15.36.140 would exceed sixty percent (60%) of the replacement cost of a new structure of similar size and kind; G. Because of its design, or proposed use or location on the new site, it would be prohibited under any zoning ordinance or other land use ordinance of the City of Shafter; or
H. Is of a type prohibited at the proposed site by any law or this chapter or any other ordinance.
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15.36.110 Relocation permit – Application – Plans and data.
A. If the building official determines that the proceedings for issuance of a permit should continue, the applicant shall file his plans with the building official.
B. Such plans shall include specifications and working drawings for the structural, electrical, plumbing and mechanical parts of the building in connection with the proposed remodeling, repair, reconstruction or additions to the building as relocated, and also showing the existing structure to the extent the building official deems reasonably necessary to ascertain the condition of the building and the conformity thereof to the requirements of this chapter.
C. The building official may require additional plans and data showing site preparation, grading, improvements and utility locations, and photographs of the existing construction (both interior and exterior) and the proposed site, as he may deem reasonably necessary to the performance of his duties.
D. The applicant shall, at his sole expense, furnish all necessary drawings, photographs, planning and engineering services as may be needed in the preparation and any required revision of said plans; and the applicant shall be responsible for the accuracy and completeness thereof.
E. The building official shall review the application form, and said plans and data and shall apply thereto the standards hereinafter mentioned; and the applicant shall revise his plans as necessary to conform to the standards, terms and conditions imposed by the building official.
F. The form and manner of preparation of plans, and the procedures for checking the same, shall be the same as provided in Chapter 15.06 and 15.08 of this title unless otherwise expressly provided herein.
G. The plans and other data submitted by the applicant shall be deemed a part of his application.
H. The plans as finally approved shall be deemed a part of the relocation permit.
15.36.120 Permit – Expiration and extension.
A. Every permit issued by the building official under the provisions of this chapter, except those issued in accordance with Section 15.36.070 of this chapter, shall expire by limitation and become null and void if within thirty (30) days after relocation of the building to the site, the building has not been removed from the cribbing and placed on the approved foundation, or if the additional work authorized by such permit is not commenced within one hundred eighty (180) days from the date of issuance 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 one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half (1/2) the amount 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 one hundred eighty (180) days after the expiration of the permit.
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B. Any permittee holding an unexpired permit, except those issued in accordance with Section 15.36.070 of this chapter, may apply for an extension of the time within which he may commence work under that permit when 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. In the event of cancellation of a building permit, permittee is not entitled to a return of any fee previously paid for the permit.
C. If the building official determines that the plans require correction on account of errors or omissions in the original application or plans, or in order to conform to any new or amended statute, regulation, ordinance or standard mentioned in Section 15.36.140, he shall require, as a condition to granting any extension of time, revision of the plans or the permit, as he deems necessary, in the exercise of his reasonable discretion.
15.36.130 Building permits, plan checking – Fees.
The fees for building permits and for plan checking shall be paid at the same times and in the same amounts as in the case of new construction under Chapter 15.04,
15.06 and 15.08 of this title.
15.36.140 Standards for repairs, remodeling or additions – Additional terms and conditions.
A. Any building which is relocated shall be caused to conform to all applicable laws and regulations of the state of California and to conform to all building, housing, mechanical, plumbing and electrical standards imposed by this chapter; provided, however, that the building official may for good cause shown authorize departures from such standards to the extent that he determines in his reasonable discretion that such departures:
1. Will not be materially detrimental to any property and improvements in the neighborhood of the proposed site; and
2. Will not create a substantial lack of conformity with the general or prevailing design, plan and construction of the buildings in the neighborhood of the proposed site; and
3. Will not permit such building to be substandard, as defined by Chapter 10, Section 1001 of the Shafter Housing Code, as adopted by Chapter 15.16 of this title.
B. The building official shall impose such additional terms and conditions for relocation of such building and doing any work of remodeling, repair, reconstruction or additions as he determines reasonably necessary to assure compliance with this chapter and conformity with the foregoing standards and the approved plans, and which shall be endorsed on or attached to the permit or the approved plans.
C. The plans, as finally approved, shall be made to conform to the standards, terms and conditions as so determined.
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15.36.150 Relocation permit – General Conditions.
Each relocation permit shall be deemed to be issued subject to and shall contain the following general conditions and duties on the part of the applicant:
A. The applicant shall fully perform and complete the work required to be done by said plans and the terms and conditions of said permit to the reasonable satisfaction of the building official within the time fixed in the permit or within such extension of time provided by this chapter.
B. If the work so required is not completed within the time so fixed (and without regard to any extensions which may be granted), the applicant shall conform with all standards imposed by this title from time to time in effect, and shall pay all additional costs or expenses which may be required in order to so conform.
C. The applicant shall conform with the provisions of this chapter and all other provisions of City ordinances relating to the moving or relocation of buildings.
D. The applicant shall at all times permit the representatives of the to come into the building and onto the site thereof to permit its inspection and work required by this chapter and the performance of other official duties until such time as all required work has been completed and approved.
E. The applicant shall not permit any person to occupy said building for any purpose except in the work required by the permit or this chapter, until such time as all the required work has been completed and approved.
F. In the event the applicant defaults, he shall permit, after notice hereinafter mentioned, the City to enter on the building site or the building and to complete or demolish the same.
G. In the event the applicant defaults, and if the City elects to complete the building, the City shall be entitled to use therein any building materials or supplies stored on the premises.
H. In the event the applicant defaults, and if the City elects to demolish the building, the applicant shall be deemed to have released any and all title to the materials of which the building is constructed, provided however that any proceeds therefrom shall be credited to account of the applicant or the owner thereof.
I. In the event the applicant defaults, and if the City elects to complete or demolish the building the applicant will indemnify, defend and hold harmless the City from any claim, suit or judgment by any person who may assert ownership of the building or any part thereof or anything in or on the same or the right to occupy the same or ownership of the land on which it is situated, for any damages or obligation alleged to result from the completion, removal or demolition of the building or any damage to any land, tree, shrub, structure or other improvement on such land caused by such completion, removal or demolition.
J. In event the applicant defaults, and if the City elects to complete or demolish the building, the applicant shall pay to the City the actual costs incurred by the City therein, plus an additional ten percent (10%) of the amount of such costs on account of cost of administration by the City. The City shall be entitled to do such work by force account or by contract.
K. The costs of the work to be paid to the City shall include any additional expenses incurred by the City in the correction of the plans on account
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of errors or omissions or to conform to any new standards imposed by this title from time to time, any additional expenses of construction or otherwise completing said building arising from such new standards or any new state law, or arising from errors or omissions in the original plans, or arising from any increase in costs of labor or materials.
L. In event the applicant defaults, the applicant shall pay to the City a reasonable attorney's fee to be fixed by the court, and all actual costs, witness fees, and engineering expenses which the City may incur in any suit or legal proceedings which the City may determine necessary for the purposes of enforcement of or recovery of money under the provisions of this chapter, the terms and conditions of the permit, and the enforcement of any judgment rendered in such suit or legal proceedings.
M. In event the applicant defaults, the applicant shall pay the City interest at the rate of seven percent (7%) per annum from the time any item of City expense mentioned in this section is incurred until the date of payment thereof.
N. The period for commencing actions for enforcement of or recovery of money under provisions of this chapter, and the terms or conditions of the permit is waived effective for a period of four (4) years from the date of expiration of the time limited for commencement of such actions by the Code of Civil Procedure.
O. The place of performance of the obligations of the applicant shall be the City of Shafter, State of California.
15.36.160 Delay in completion – Liquidated damages.
A. Inasmuch as it would be impracticable or extremely difficult to fix the actual damage to the public by delay in completion of the relocation and associated work, in the event the work is not completed within the time fixed in the permit, or as extended under Section 15.36.120, the applicant shall be obligated to the City, as liquidated damages, for each and every day of such delay in the amount of five dollars ($5.00).
B. The liquidated damages so incurred shall be payable to the City by the applicant on demand, and the City Council is authorized to bring any action necessary for the recovery of same. The City may have or draw on other security for recovery of liquidated damages so incurred, and from time to time.
15.36.170 Obligations.
The obligations of the applicant to the City shall be as prescribed by this chapter.
The applicant is required to take all measures and to enter into all agreements and to obtain all grants which may be necessary to assure his right and ability to carry out his obligations under this chapter.
15.36.180 Determination of default – Notice.
In the event the building official determines that default has occurred in the performance of any of the terms and conditions of the permit, or of the requirements of this chapter, he may give written notice thereof to the applicant.
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15.36.190 Default – Form of notice – Service.
A. Such notice may be served in person on the applicant or by ordinary United States mail, postage prepaid and addressed to such person at the address set forth in the application, as the case may be.
B. In the notice of default, the building official shall state the general nature of the work to be done, his estimate of the cost thereof, and he shall specify a time within which such work shall be completed, which shall be such time as he shall determine to be reasonably necessary under the circumstances.
C. The City shall not be required to give any further notice to the applicant of any default of the applicant.
15.36.200 Completion of work by applicant after notice.
A. The applicant shall forthwith comply with such notice and complete the work, the terms and conditions of the permit and the requirement of this chapter within the time specified in such notice, to the reasonable satisfaction of the building official.
B. The applicant may also comply with such notice by dismantling or demolishing said building and removing all parts of the building and all other debris from the site and clearing, cleaning and leveling the site, within the time prescribed in said notice, to the reasonable satisfaction of the building official.
15.36.210 Interference with City.
A. It is unlawful for any person to interfere with or obstruct the authorized officials or representatives of the City of Shafter while engaged in inspecting the building or its site, at all times prior to the completion of the work in accordance with this chapter.
B. It is unlawful for any person to interfere with or obstruct the authorized officials or representatives or employees of the City of Shafter, or persons contracting with them for such purposes or the employees of such contractors, while engaged in completing such work or dismantling or demolishing such building, after such notice of default has been given to the applicant in the manner provided in this chapter.
15.36.220 Default – Suit or other legal proceedings.
If within the time fixed in such notice of default the work has not been completed or the building dismantled or demolished in the manner mentioned in Section
15.36.200, the City shall be entitled to bring a suit or other legal proceedings for the enforcement of, or recovery of any money under, the several obligations of the applicant.
15.36.230 Default – City authority to complete work or demolish building.
A. If within the time fixed in such notice of default the work has not been completed or the building dismantled or demolished in the manner mentioned in Section 15.36.200, the building official may elect to cause the work to be completed or the building to be dismantled or demolished, as a separate and
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cumulative remedy with respect to that mentioned in Section 15.36.220 of this chapter.
B. The building official shall consider the condition of the building, the cost to complete the required work, and considering the public health, safety and welfare whether it is reasonable that the work should be completed. If the building official determines that it is not reasonable to complete the building, he may cause it to be dismantled or demolished.
C. The cost of the work shall include any additional expenses incurred as mentioned in subsection (J) and (K) of Section 15.36.150 of this chapter.
D. The costs so incurred by the City, together with any other obligations of the applicant, shall be payable to the City on demand, and the City Council of City of Shafter is authorized to bring any action necessary for the recovery of any money due from the applicant.
15.36.240 Appeals.
A. Any applicant or permittee who is not satisfied with any decision, action or refusal to act by any officer or employee of the City with respect to the provisions of this chapter may appeal to the City Council for relief therefrom.
B. Such appeal shall be in writing, and shall cite the decision or other matter from which relief is sought, state the circumstance which justifies such relief, and identify the officer or employee in question. Such applicant shall also show the address to which notices may be mailed to the appellant, and shall be signed by the appellant or his agent.
C. The Clerk of the City Council shall cause notice of hearing on such appeal to be given by mailing a copy of such notice to the appellant, to the building official and to the officer or employee in question.
D. The City Council shall, after hearing said matter, by its order sustain, modify or overrule the decision or action of such officer or employee, or direct him to act, and may make or impose such further order, requirement, or condition as the board may deem to be consistent with the purposes of this chapter.
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Section 14. Chapter 15.40, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.40, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.40
MOBILE HOMES AND ACCESSORY STRUCTURES
Sections:
15.40.010 Applicability.
15.40.020 Administration and enforcement.
15.40.030 Application of local regulations.
15.40.040 Definitions.
15.40.050 Compliance with chapter and other applicable laws – Required.
15.40.060 Unauthorized use.
15.40.070 Special provisions – Mobile homes.
15.40.080 Special provisions – Commercial coaches.
15.40.090 Correction of hazardous conditions.
15.40.100 Violation – Penalty.
15.40.010 Applicability.
This chapter regulates mobile home use and occupancy and the construction of mobile home accessory structures in the incorporated territory of the City of Shafter except in mobile home parks, travel-trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. To the extent Division 13, Part 2.1 of the State Health and Safety Code and the regulations promulgated thereunder do not provide a standard of construction for mobile home accessory structures, the requirements of this title apply.
15.40.020 Administration and enforcement.
The building inspection division shall administer and enforce the provisions of this chapter, as well as the regulations contained in Chapter 2 of Part 1 of Title 25 of the California Code of Regulations, relating to mobile homes located outside a mobile home park, travel-trailer park, recreational trailer park or temporary trailer park, as now in effect or as amended from time to time.
15.40.030 Application of local regulations.
The Shafter Code of Building Regulations governs the installation of all facilities and equipment used to supply mobile homes and their accessory structures with gas, water or electricity thereto, except facilities owned, operated and maintained by a public utility, and including the disposal of sewage or other waste therefrom except in mobile home parks, travel-trailer parks, temporary trailer parks, recreational trailer parks, incidental camping areas and tent camps.
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15.40.040 Definitions.
Terms and definitions as used in this chapter shall be as set forth in Chapter 1 of Part 2.1 of Division 13, commencing with Section 18200, of the California Health and Safety Code, and as further set forth in this title.
15.40.050 Compliance with chapter and other applicable laws – Required.
It is unlawful for any person, firm, corporation, owner of the land, or possessor to place or allow to be placed or to occupy a mobile home or to knowingly permit a mobile home to be occupied on land in his possession unless said mobile home and all accessory structures, electrical services and installations, fuel gas systems, sewage disposal systems, and water piping thereto comply with all of the provisions of this chapter in addition to the land use zoning ordinances of the City (Title 15 of this code).
15.40.060 Unauthorized use.
Outside a mobile home park, travel-trailer park, temporary trailer park, recreational trailer park, incidental camping area or tent camp on land in his possession within the incorporated area of the City of Shafter, it is unlawful for any person to place or allow to be placed, or use, occupy or knowingly permit to be used for occupancy:
A. Dependent mobile homes.
EXCEPTION: Dependent mobile homes may be placed in dead storage, where allowed under the Shafter Zoning Ordinance, when located on property on which there is an existing conforming use established per provisions of this chapter.
B. Recreational vehicles.
EXCEPTIONS:
(1) Recreational vehicles may be placed in dead storage, where allowed under the Shafter Zoning Ordinance, when located on private property on which there is an existing conforming use established.
(2) Recreational vehicles may be allowed for private recreational use when approved by the Planning Commission or the City Council.
C. A mobile home or recreational vehicle used for industrial, professional or commercial purposes or occupancy.
EXCEPTION: Mobile homes or recreational vehicles may be granted temporary approval by the building official for construction purposes when located on construction sites on which permits to construct have been issued. Such approval shall be terminated upon completion of construction and the vehicles removed.
D. More than one (1) mobile home on a single parcel of land.
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EXCEPTION: More than one (1) mobile home may be permitted where allowed under the Shafter Zoning Ordinance and where the owner of the property furnishes written evidence that the occupant of a second (2nd) mobile home is a member of his immediate family and that no rent of any kind is offered or accepted.
E. Any mobile home, recreational vehicle, or commercial coach unless said vehicle complies with the Land Use Zoning Ordinance of the City of Shafter, and all accessory structures, electrical services and installations, fuel gas systems, sewage disposal systems, and water piping thereto comply with provisions of this chapter.
F. A mobile home which has been reinstalled upon the same site upon which a mobile home had been situated at any time in the past with the intention of reconnecting to existing utilities, without first applying for and receiving a permit to reinstall a mobile home on such existing site.
G. Mobile home accessory structures no longer used to serve a mobile home, where the mobile home has been removed from the premises, such structures shall be demolished or removed.
EXCEPTION: If a mobile home accessory structure is made to classify under an appropriate occupancy classification designated by the building official and approved for this use under the Zoning Ordinance, it may remain.
H. Any mobile home or commercial coach without a valid California State vehicle license.
EXCEPTION: A grace period of thirty (30) days will be allowed in which time a license must be procured or the mobile home shall be on a permitted permanent foundation system and on the County’s Tax Rolls.
I. Any mobile home or commercial coach without an insignia of approval issued by the Department of Housing and Community Development.
J. Any mobile home, recreational vehicle or commercial coach supplied with liquefied petroleum gas for heating or cooking, unless a minimum height of eighteen (18) inches can be maintained above the surrounding finish grade to the underside of the floor joists, and a minimum height of twelve (12) inches maintained beneath the supporting members of the frame.
EXCEPTION: A mobile home manufactured after January 1, 1990, with no combustion air and/or other openings from the mobile home to the underfloor or underside of the mobile home floor joists and/or floor system is not required to meet the minimum height requirements of eighteen (18) inches above the surrounding finish grade and may be recessed.
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15.40.070 Special provisions – Mobile homes.
A. Electrical Service. Electrical service for a mobile home and accessory structures shall be calculated on the basis of one hundred percent (100) demand factor. If the demand is below one hundred (100) amperes, then the minimum service shall be rated at one hundred (100) amperes, three (3) wire 120/240 volts, and shall be provided with proper protective devices as required by the load.
B. Storage of Unoccupied Mobile homes. The provisions of this chapter shall not be construed to prohibit the storage of any unoccupied mobile home upon land with the consent of the owner of such land; provided, however, that such mobile home may not be connected to any electrical, fuel gas, water or sewage disposal system, and shall not be used for storage; and further provided that the floor area of the mobile home included with the area of all existing buildings and structures on the parcel of land does not exceed the maximum percentage of lot coverage permitted in the zoning regulations for that particular parcel of land or is not in conflict with the land use zoning regulations.
C. Location. No mobile home, travel-trailer or mobile home accessory structure being used for habitation shall be located closer than five (5) feet from a property line.
D. Access. Each mobile home site shall have an access road, clear and unobstructed, of not less than fifteen (15) feet in width to a public street.
15.40.080 Special provisions – Commercial coaches.
A. Construction Standards. A commercial coach used for human occupancy shall comply with the requirements for construction, fire safety, exits, light, ventilation, sanitary facilities, location, use and occupancy as required by Title 25 and the Shafter Code of Building Regulations. Commercial coaches shall be approved by the Director of the Planning and Community Development Department for compliance with the Shafter Zoning Ordinance.
B. Floor Space. Floor space of commercial coach units connected in multiples shall not exceed the basic floor space permitted for the occupancy, in accordance with the allowable floor space for Type V-B Construction, Table 503 of the California Building Code as adopted into the Shafter Code of Building Regulations.
C. Location. Commercial coaches shall be located in accordance with the requirements of the California Building Code, as adopted into the Shafter Code of Building Regulations or provisions in the Shafter Zoning Ordinance, if they are more stringent.
D. Temporary Sanitary Facilities. Temporary sanitary facilities shall be permitted only with the approval of the county health officer.
E. Grounding. All exposed metal parts of the commercial coach shall be effectively grounded.
F. Insignia. The commercial coach shall bear an insignia of approval issued by the Department of Housing and Community Development, and the coach shall not be altered in any way that would void such insignia.
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15.40.090 Correction of hazardous conditions.
A mobile home owner shall not suffer nor allow his mobile home to attain a state of disrepair or to constitute a hazardous condition. If a hazardous condition or state of disrepair of a mobile home occurs pertaining to a structural, plumbing, mechanical or electrical installation which is not corrected immediately upon demand of the building official, the installation or its utilities and power sources may be ordered to be disconnected by the building official.
15.40.100 Violation – Penalty.
The penalties for violation of any provision of this chapter shall be as established under the Shafter Code of Building Regulations. In addition, the 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.
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Section 15. Chapter 15.44, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.44, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.44
FLOODPLAIN MANAGEMENT
Sections:
Article I. General Provisions
15.44.010 Statutory authorization.
15.44.020 Short title.
15.44.030 Findings of fact.
15.44.040 Statement of purpose.
15.44.050 Methods of reducing flood losses.
15.44.060 Definitions.
15.44.070 Lands to which this chapter applies.
15.44.080 Basis for establishing the areas of special flood hazard.
15.44.090 Compliance.
15.44.100 Abrogation and greater restrictions.
15.44.110 Interpretation.
15.44.120 Warning and disclaimer of liability.
15.44.130 Severability.
Article II. Administration
15.44.140 Development permit.
15.44.150 Fees.
15.44.160 Designation of the floodplain administrator.
15.44.170 Duties & responsibilities of the floodplain administrator.
15.44.180 Permit review.
15.44.190 Use of other base flood data.
15.44.200 Notification of Other Agencies.
15.44.210 Documentation of floodplain development.
15.44.220 Map determination.
15.44.230 Action to remedy violations.
Article III. Provisions for Flood Hazard Reduction
15.44.240 Standards of construction.
15.44.250 Anchoring.
15.44.260 Construction materials and methods.
15.44.270 Elevations and flood proofing.
15.44.280 Standards for utilities.
15.44.290 Standards for subdivisions.
15.44.300 Standards for manufactured homes.
15.44.310 Standards for recreational vehicles.
15.44.320 Floodways.
15.44.330 High hazard areas.
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15.44.340 Mudslide (i.e., mudflow) hazard areas.
15.44.350 Flood-related erosion hazard areas.
Article IV. Variance Procedure
15.44.360 Nature of variances.
15.44.370 Authority and conditions to grant variances.
15.44.380 Special definitions.
15.44.390 Grounds for granting a variance.
15.44.400 General provisions for variances.
15.44.410 Procedure for filing and processing a variance.
15.44.420 Fixing date of hearing – Notice of hearing.
15.44.430 Conduct of hearing – Decision.
Article V. Appeals
15.44.440 Authority to consider appeals.
15.44.450 Special definitions.
15.44.460 Grounds for granting appeal and related policies.
15.44.470 Procedure for filing and processing appeal.
15.44.480 Fixing date of hearing – Notice of hearing.
15.44.490 Conduct of hearing – Decision.
15.44.500 Procedure.
Article I. General Provisions
15.44.010 Statutory authorization.
The Legislature of the State of California, has in Government Code Sections 65302, 65560, and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
15.44.020 Short title.
This chapter may be cited as the “Shafter Floodplain Management Ordinance”.
15.44.030 Findings of fact.
A. The flood hazard areas of incorporated City of Shafter are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage, also contribute to the flood loss.
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15.44.040 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the secondary use and development of areas of special flood hazard so as to minimize future blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard;
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
I. To comply with the requirements of the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations hereinafter referred to as the National Flood Insurance Regulations.
15.44.050 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property loss due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
15.44.060 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
1. “Accessory structure, low-cost and small” means a structure that is solely for the parking of no more than 2 cars; or limited storage (small, low cost
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sheds); and shall not exceed a combined total of six hundred (600) square feet or exceed a value of more than thirty dollars per square feet.
2. “Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
3. “Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
4. “Apex” means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
5. “Appeal” means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
6. “Area of shallow flooding” means an area designated A, AO or AH Zone on the Flood Insurance Rate Map (FIRM), or an area identified by the Floodplain Administrator. The base flood depths have either not been determined (A Zone), they range from one to three feet (AO or AH Zone), or a depth has been established by the Floodplain Administrator; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
7. Area of special flood hazard. See “Special flood hazard area.”
8. “Backfill” means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation.
9. “Base flood” means the flood having a one percent (1%) chance of being equaled or exceeded in any one (1) given year (also called the one hundred (100) year flood).
10. “Base flood elevation” means the water surface elevation of the base flood at a given location.
11. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
12. “Building.” See “Structure.”
13. “Building official” means the Director of the Resource Management Agency of the City of Shafter or his/her designee.
14. “Certification” by a registered professional engineer or other party does not constitute a warranty or guarantee of performance, expressed or implied.
Certification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analyses is a statement that the analyses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance with sound engineering practices to provide protection from the base flood. Certification of as built conditions is a statement that the structure(s) has been built according to the plans being certified, is in place, and
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is fully functioning.
15. “Critical feature” means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
16. “Curvilinear line” means the border on either a Flood Hazard Boundary Map or Flood Insurance Rate Map that delineates the special flood, mudslide (i.e., mudflow), and/or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.
17. “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials.
18. “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
19. “Erosion” means the process of the gradual wearing away of land masses. This peril is not per se covered under the National Flood Insurance Program.
20. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
21. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
22. “Fill” means the placement of fill material at a specified location to bring the ground surface up to a desired elevation.
23. “Fill material” can be natural sand, dirt, soil, or rock. For the purposes of floodplain management, fill material may include concrete, cement, soil cement, brick, or similar material as approved by the floodplain administrator on a case-bycase basis.
24. “Flood, flooding, or flood water” means: (1) a general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of flood waters, (b) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (c) mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and (2) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe
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storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.
25. “Flood Boundary and Floodway Map (FLOODWAY)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
26. “Flood elevation determination” means a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.
27. “Flood elevation study” means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
28. “Flood Hazard Boundary Map (FHBM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazard.
29. “Flood Hazard Evaluation” means an official report provided by the floodplain administrator that includes, but is not limited to, the elevation requirement, depth of footing requirement, and Certification of Elevation requirement for any building permits issued by the building official in a special flood hazard area.
30. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
31. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary Floodway Map (FBFM), and the water surface elevation of the base flood.
32. “Flood protection system” means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in accordance with sound engineering standards.
33. “Floodplain administrator” means the individual appointed to administer and enforce the floodplain management regulations.
34. “Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).
35. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations as administered by various Federal, State and County
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Agencies.
36. “Floodplain management regulations” mean the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as the Floodplain Management Ordinance or Grading Code), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
37. “Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
38. “Flood-related erosion” means the collapse or subsidence of land caused by the flow of water from a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding.
39. Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, usually one foot. In some instances, the cumulative increase allowed for the Floodway may be less than one (1) foot. Also referred to as “regulatory floodway” or “designated floodway.”
40. “Floodway encroachment line” means the lines marking the limits of floodways on federal, state, and local floodplain maps.
41. “Floodway fringe” means the area of a floodplain on either side of the designated floodway where encroachment may be permitted.
42. “Freeboard” means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
43. “Habitable floor” means any floor usable for living purposes, which includes working, sleeping, eating, recreation, or a combination thereof. For floodplain management regulation purposes, Habitable Floor and Lowest Floor will share the same definition.
44. “High hazard area” means those portions on the alluvial fan subject to active erosional and depositional conditions. These areas are where the flood hazard potential is too severe for standard economic flood protection plans.
45. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction, upstream and next to the proposed walls of a structure.
46. “Historic structure” means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing
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to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) by an approved state program as determined by the Secretary of the Interior, or (b) directly by the Secretary of the Interior in states with approved programs.
47. “Landfill” means a permitted location for the disposal, placement, or dumping of garbage, trash, debris, junk, or waste material.
48. “Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
49. “Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
50. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).
1) An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided, it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 15.44.270.D
b. The anchoring standards in Section 15.44.250
c. The construction materials and methods standards in
Section 15.44.260; and
d. The standards for utilities in Section 15.44.280
2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
51. “Manufactured home” means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a recreational vehicle.
52. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent.
53. “Market Value” shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking
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into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
54. “Mean sea level” means, for the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
55. “Mudslide” (i.e., mudflow) describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain.
56. “New construction” means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by this community and includes any subsequent improvements to such structures.
57. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
58. “Nonresidential building” means and includes, but is not limited to, small business concerns, churches, schools, nursing homes, farm buildings (including grain bins and silos), government buildings, mercantile structures, industrial plants, and warehouses.
59. “Obstruction” means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream.
60. “One hundred year flood” or “100-year flood” means a flood which has a one percent annual probability of being equaled or exceeded in any given year. It is identical to the base flood, which will be the term used throughout this chapter.
61. “Person” means and includes any individual or his agent, firm, group of individuals, partnership, association or corporation, or agent of the aforementioned groups, or any other entity including the State or its agencies or political subdivisions.
62. “Principal structure” means a structure used for the principal use of the property as distinguished from an accessory use.
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63. “Recreational vehicle” means a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
For floodplain management purposes, the term recreational vehicle also includes, but is not limited to, park trailers, travel trailers, and other similar vehicles.
64. “Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
65. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
66. “Scour depth” means the distance below prevailing ground resulting from the erosive action of running water which temporarily or permanently excavates and carries away material from the prevailing ground or channel bed during flooding.
67. “Sheet flow area.” See “Area of shallow flooding.”
68. “Special flood hazard area (SFHA)” means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, or identified by the floodplain administrator.
69. “Start of construction” means and includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/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 dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
70. “Structure” means a roofed building with one or more walls, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
71. “Substantial damage” means damage of any origin sustained by a
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structure whereby the cost of restoring the structure by reconstruction, rehabilitation, addition, or other improvement to its before damage condition equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred.
72. “Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other proposed new development or improvement the cumulative replacement cost (including but not limited to materials and labor) of which equals or exceeds fifty percent (50%) of the current market value of the structure before the start of construction of the initial improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. This term does not, however, include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
73. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
74. “Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.
75. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) for floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
76. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
15.44.070 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of incorporated City of Shafter.
15.44.080 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards are as listed below:
A. Those identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the scientific and engineering report entitled Flood Insurance Study, Shafter, California, unincorporated and incorporated areas within City of Shafter dated September 27, 1994, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, and all subsequent amendments and/or revisions.
B. Those included in the Department of Water Resources, Division of Flood Management, State of California, Reclamation Board, Kern River
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Designated Floodway Maps for the following reaches:
1. Tupman to Golden State Highway, April 19, 1976.
2. Tupman to Tulare Lake, November 12, 1976.
3. Golden State Highway to Lake Isabella Dam, June 20, 1978.
4. Lake Isabella to Tulare County, November 19, 1981.
5. Lake Isabella to Sequoia National Forest, November 19, 1981.
C. Those included on parcel and tract maps within incorporated City of Shafter.
D. Those flood hazard studies prepared by, or for, the floodplain administrator.
The flood, erosion, and mudslide hazards identified by the above maps and/or studies are hereby adopted by reference and declared to be a part of this chapter.
These maps and/or studies are on file at the office of the floodplain administrator as established in Section 15.44.160. These maps and/or studies may be revised and amended from time to time and shall go into effect thereafter pursuant to the provisions of the applicable federal, state, or local law.
As a basis for establishing areas of special flood, erosion, and mudslide hazards other than those listed above and imposing the flood protection requirements of this chapter, the floodplain administrator, as established in Section 15.44.160, or his authorized agent, shall obtain, review, and reasonably utilize the best flood data available from any source (federal, state, or other), such as high water marks, floods of record, or private engineering studies, maps, and reports.
15.44.090 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, altered, or substantially improved nor shall land be graded for development without full compliance with the terms of this chapter and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the City of Shafter from taking such lawful action as is necessary to prevent or remedy any violation.
15.44.100 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15.44.110 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under
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State statutes.
15.44.120 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Shafter, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
15.44.130 Severability.
This chapter and the various parts thereof are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid.
Article II. Administration
15.44.140 Development permit.
A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) established in Section 15.44.080. Application for a development permit shall be made on forms furnished by the City of Shafter. The applicant shall provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section
15.44.080 and 15.44.190;
6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
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nonresidential structure will be flood proofed, as required in Section
15.44.270.C of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the nonresidential flood proofing criteria in Section 15.44.270.C.
C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 15.44.270.D of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
E. All appropriate certifications listed in Section 15.44.210 of this ordinance.
15.44.150 Fees.
Subject to approval by the City Council, the floodplain administrator may adopt and charge a reasonable schedule of fees for flood hazard evaluations, flood hazard evaluation updates, certification of elevation, variance to flood requirement, appeal to higher authority, and for the performance of special services by the Engineering and Survey Services Department in administering and enforcing this title.
15.44.160 Designation of the floodplain administrator.
The Building Official or authorized designee agent acting in the official's behalf is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions.
15.44.170 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to those set out in Sections 15.44.180 through 15.44.230, including completing and submitting a Biennial Report to FEMA and assuring community’s General Plan is consistent with the floodplain management objectives herein.
15.44.180 Permit review.
A. Review of all permits to determine that the permit requirements of this chapter have been satisfied;
B. All other state and federal permits required to fulfill the purpose of Section 15.44.040 have been obtained;
C. The site, subdivision or other proposed new development is reasonably safe from flooding; and
D. The proposed development does not adversely affect the carrying capacity of the special flood hazard area. For purposes of this chapter, in areas where Floodways have not been designated, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point. See also Section 15.44.320 (Floodways).
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15.44.190 Use of other base flood data.
When base flood elevation data has not been provided in accordance with Section
15.44.080, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer Article III. Any such information shall be subject to review and approval by the floodplain administrator.
15.44.200 Notification of other agencies.
A. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;
2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
B. Base Flood Elevation changes due to physical alterations:
1. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
2. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
C. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
15.44.210 Documentation of floodplain development.
Obtain and maintain for public inspection and make available as needed:
A. The certification required in Section 15.44.270(A) (floor elevations); B. The certification required in Section 15.44.270(B) (elevations in areas of shallow flooding);
C. The certification required in Section 15.44.270(C) (elevation or flood proofing of nonresidential structures);
D. The certification required in Section 15.44.270(D) (wet flood proofing standard);
E. The certification required in Section 15.44.290(B) (subdivision standards);
F. The certification required in Section 15.44.320(A) (floodway encroachments);
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G. The certification required in Section 15.44.330(A) (high hazard areas);
H. The reports required in Section 15.44.340 (mudslide areas).
I. The information required in Section 15.44.350 (flood-related erosion hazard areas).
15.44.220 Map determination:
Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (ie., mudflow); (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V.
15.44.230 Action to remedy violations.
Take action to remedy violations of this chapter as specified in Section 15.44.090 herein.
Article III. Provisions for Flood Hazard Reduction.
15.44.240 Standards of construction.
In all areas of special flood hazard, the following standards set out in Sections
15.44.250 through 15.44.350 are required.
15.44.250 Anchoring.
A. All new construction, substantial improvements and other proposed new development shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. All manufactured homes shall meet the anchoring standards of Section 15.44.300.
15.44.260 Construction materials and methods.
A. All new construction, substantial improvements and other proposed new development shall be constructed with materials and utility equipment resistant to flood damage.
B. All new construction, substantial improvements and other proposed new development shall be constructed using methods and practices that minimize flood damage.
C. All new construction, substantial improvements and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D. Require within special flood hazard areas adequate drainage paths
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around structures on slopes to guide flood waters around and away from proposed structures.
15.44.270 Elevations and flood proofing.
A. Except for areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Nonresidential structures may meet the standards in Section 15.44.270 (C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garages) may meet the elevation requirements of Section 15.44.270 (E). Certification of the lowest floor elevation shall be provided in accordance with Appendix Chapter 1, Section 109.3.3 of the California Building Code. Upon completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed land surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
B. For areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated at least one (1) foot above the shallow flooding depth or depth number specified in feet on the Flood Insurance Rate Map (FIRM), or at least two (2) feet if no depth number is specified. The elevation is to be measured from the highest adjacent grade upstream of the structure. Nonresidential structures may meet the standards in Subsection 15.44.270(C). Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garage) may meet the requirements of Subsection 15.44.270(E). Certification of the lowest floor shall be provided in accordance with Section Appendix Chapter 1, Section 109.3.3 of the California Building Code as adopted. Upon the completion of the structure, the elevation of the lowest floor, including basement and top of platform of equipment or machinery servicing the building, shall be certified by a registered professional engineer, architect, or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
C. Nonresidential construction shall either be elevated in conformance with Subsections 15.44.270(A) or (B) of this section or, together with attendant utility and sanitary facilities:
1. Be flood proofed one (1) foot above the base flood level so that the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
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D. Require, for all new construction, substantial improvement and other proposed new development, that fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1. Either a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding (as indicated by the elevation requirements of this section) shall be provided, the bottom of the openings shall be no higher than one (1) foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); and buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
2. Be certified to comply with a local flood proofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.
E. Garages and low cost accessory structures.
1. Attached Garages.
a. A garage attached to a residential structure,
constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 15.44.270.D. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 15.44.260. b. A garage attached to a nonresidential structure must meet the above requirements or be dry flood proofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
2. Detached garages and accessory structures.
a. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 15.44.060, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a1. Use of the accessory structure must be limited
to parking or limited storage;
a2. The portions of the accessory structure located
below the BFE must be built using flood-resistant materials; a3. The accessory structure must be adequately
anchored to prevent flotation, collapse, and lateral movement; a4. Any mechanical and utility equipment in the
accessory structure must be elevated or flood proofed to or above the BFE;
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a5. The accessory structure must comply with
floodplain encroachment provisions in Section 15.44.320; and a6. The accessory structure must be designed to
allow for the automatic entry of flood water in accordance with Section 15.44.270.D.
b. Detached garages and accessory structures not
meeting the above standards must be constructed in accordance with all applicable standards in Section 15.44.240.
15.44.280 Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.
B. On-site waste disposal systems shall be designed and located to avoid impairment to them, or contamination from them, during flooding.
C. Other utilities are addressed at 15.44.260 and 15.44.290.
15.44.290 Standards for subdivisions.
A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
15.44.300 Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved within a special flood hazard area either outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall:
1. Be elevated on a permanent foundation such that the top of
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the steel frame is one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement, or
2. If the manufactured home is to be placed on an earth pad, the finished pad elevation shall be one (1) foot above the base flood elevation and the manufactured home must be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision in a special flood hazard area that are not subject to the provisions of Subsection 15.44.300(A) shall be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement and elevated so that either;
1. The top of the steel frame, or the top of the finished pad when an earth pad is used to meet the elevation requirements, is one (1) foot above the base flood elevation, or
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
15.44.310 Standards for recreational vehicles.
All recreational vehicles placed on sites within areas of special flood hazard will either:
A. Be on site for fewer than one hundred eighty (180) consecutive days; B. Be fully licensed and ready for highway use; or
C. Meet the permit requirements of Article III of this chapter and the elevation and anchoring requirements for manufactured homes in Section
15.44.300.
15.44.320 Floodways.
Located within areas of special flood hazard, established in Section 15.44.080, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. If Subsection 15.44.320(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.
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15.44.330 High hazard areas.
Located within areas of special flood hazard on alluvial fans, established in Section
15.44.080, are well-defined watercourses and overflow channels which are designated as severe flood hazard areas. Since the severe flood hazard area is an extremely hazardous area due to the severe and erratic lateral and vertical erosion potential from high velocity flood waters, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other proposed new development unless any flood protection measures are designed and certified by a registered professional engineer or architect as providing adequate slope, scour, and elevation protection, and that any encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge within the severe flood hazard area.
B. If Subsection 15.44.330(A) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this chapter.
15.44.340 Mudslide (i.e., Mudflow) hazard areas.
A. The floodplain administrator shall review permits for proposed construction or other proposed new development to determine if it is proposed within a mudslide area as known to the community.
B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to:
1. The type and quality of soils;
2. Evidence of groundwater or surface water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will impose on the slope.
C. Within areas which have mudslide hazards, the following requirements apply:
1. A site investigation and further review shall be made by persons qualified in geology and soils engineering;
2. Proposed new development shall be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction, substantial improvements, and other proposed new development do not aggravate the existing hazard by creating either on-site or off-site disturbances; and
4. Drainage, planting, watering, and maintenance shall not endanger slope stability.
15.44.350 Flood-related erosion hazard areas.
A. The floodplain administrator shall review all permits for proposed construction and other proposed new development within all flood-related erosion
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hazard areas as known to the community.
B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
Article IV. Variance Procedure
15.44.360 Nature of variances.
The variance criteria set forth in this Article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. In general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the Shafter City Council and the floodplain administrator to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or other requirements in this chapter are quite rare. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
15.44.370 Authority and conditions to grant variances.
The floodplain administrator is empowered to grant variances from the terms of one or more regulations in this chapter in the following cases:
A. Variances may be issued for new construction, substantial improvements and other proposed new development to be erected on a lot of onehalf (1/2) acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood elevation, providing that the procedures of Articles II and III of this chapter have been fully considered. As lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of Historic Structures (as defined in Article I of this chapter) upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to
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preserve the historic character of the structure.
C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Subsections
15.44.370(A) through (C) and Subsection 15.44.390(B) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
Upon consideration of the factors of Subsection 15.44.390(A) and the purposes of this chapter the floodplain administrator may impose other reasonable conditions on any variance mentioned in this section as deemed necessary to further the purposes of this chapter.
15.44.380 Special definitions.
For the purpose of this article, certain terms and words are defined as provided in this section:
A. “Applicant” means a person who has applied for a development permit or for approval of a subdivision map, parcel map, or variance.
B. “Application” means an application for a variance under this section C. “Board” means the Shafter City Council.
D. “Clerk” means the City Clerk.
E. “Fraud and victimization” means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the floodplain administrator will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the elevation requirements of Section 15.44.260 are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
F. “Hardship” means the hardship that would result from a failure to grant the requested variance. The floodplain administrator requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance.
This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere.
G. “Minimum necessary” means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of
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this chapter. In the case of variances to an elevation requirement, this means the floodplain administrator need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only to that level that the floodplain administrator believes will both provide relief and preserve the integrity of this chapter.
H. “Public Safety” and “Nuisances” means the granting of a variance must not result in additional threats to public safety or create nuisances. This ordinance is intended to help protect the health, safety, well-being, and property of local citizens. This is a long range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.
I. “Responsible Authority” means the officer or body with the duty of issuing any permit or rendering any approval required under this chapter which is subject to the regulations as to which a variance is sought.
15.44.390 Grounds for granting variance.
A. In passing upon an application for a variance, the floodplain administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion danger;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
4. The importance of the services provided by the proposed facility to the community;
5. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
6. The compatibility of the proposed use with existing and anticipated development;
7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8. The safety of access to the property in time of flood for ordinary and emergency vehicles;
9. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;
10. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
B. The applicant for a variance shall show at the hearing thereon and before granting a variance, the floodplain administrator shall find:
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1. That there is a good and sufficient cause for variance.
2. That failure to grant the variance would result in exceptional hardship to the applicant.
3. That the granting of such variance and any construction, improvement, development, or other action which may be undertaken under it will not:
a. Result in any increased flood heights, additional
threats to the public safety, or extraordinary public expense; b. Create any nuisance;
c. Cause fraud on or victimization of the public; or
d. Conflict with any other ordinance or regulation of the City of Shafter.
4. That the extent of the variance is the minimum necessary to afford relief, considering the flood hazard.
C. It is recognized that, under Section 60.6(a)(6) of the National Flood Insurance Program Regulations, the City is required to make a biennial report, or as requested by the Federal Insurance Administrator, and report therein any variances which have been granted, and that said Administrator is empowered to review the findings justifying the granting of variances, and that if said Administrator determines that such variances show a pattern inconsistent with the objectives of sound floodplain management, said Administrator may take action under Section 59.24(b) of said Regulations to suspend eligibility of this City from the National Flood Insurance Program.
D. It is also recognized that, under Section 60.6(a) of said Regulations, the issuance of a variance is only for the purposes of application of the floodplain management regulations in this chapter, and that flood insurance rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance, and that construction of a structure below the regulatory flood elevation, or otherwise inconsistently with the objectives of sound floodplain management, may result in flood insurance premium rates on such structure beyond the means of its owner, which are not modified by the granting of a variance.
E. For the reasons mentioned in Subsections (C) and (D) above, it shall be the policy of City of Shafter to give the provisions of this chapter a conservative construction and application, with the objective of avoiding, wherever feasible, the granting of any variance which would be inconsistent with the objectives of sound floodplain management or which may result in rendering residents of City of Shafter ineligible for flood insurance or which might place flood insurance beyond the means of the owner of a structure constructed under such variance.
15.44.400 General provisions for variances.
A. If an application for a variance is filed before the responsible authority has acted on a related application for development permit, subdivision map, or parcel map, it shall not make a decision thereon nor issue such permit or approve such map until the floodplain administrator has made his determination with respect to the variance. By filing such application for variance, the applicant shall
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be deemed to have consented to extension of the time within which action is required to be taken on such application for permit or map for a period of at least thirty (30) days from and after the date of the floodplain administrator's determination with respect to the variance.
B. An application for a variance may be filed prior to the filing of an application for a development permit or submission of proposed subdivision map or parcel map, but in such case, the applicant for the variance shall furnish with the application for variance such information as the floodplain administrator may deem sufficient, in his reasonable discretion, to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision, including, but not confined to, environmental information.
C. If the floodplain administrator determines that insufficient information has been provided to comply with any rules adopted pursuant to subsection (D) below or to permit him to fully understand the application for variance and its effect in the context of the proposed development or subdivision (including, but not confined to, its environmental effect), he is empowered to make an order requiring the applicant to furnish such information and to delay or continue the hearing until a reasonable time after such information has been furnished.
D. The floodplain administrator may, from time to time, adopt reasonable rules relating to the information to be furnished by the applicant for a variance.
15.44.410 Procedure for filing and processing a variance.
An application shall be filed and processed in the following manner:
A. An application for a variance shall be filed with the floodplain administrator and shall be in writing on such form as the floodplain administrator may, from time to time, approve.
B. An application shall be signed by the applicant or his authorized agent.
C. The application shall identify the regulation or regulations as to which the variance is applicable and shall briefly state the facts which give rise to a good and sufficient cause for the variance. The application shall set forth the address for purposes of giving notice and the telephone number of the applicant or his authorized agent.
15.44.420 Fixing date of hearing; Notice of hearing.
A. The floodplain administrator shall fix a date and time for hearing on such variance which shall be within fifteen (15) days after the filing of such application unless the applicant consents to a delay or continuance.
B. The floodplain administrator shall cause notice to be given of the date, time, and place of the hearing on such application for variance at least one (1) week prior thereto as follows:
1. By mailing a copy of such notice by ordinary U.S. mail to the address set forth in the application;
2. By mailing a copy of such notice to any person who has requested it and who has furnished the floodplain administrator with a
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stamped, pre-addressed envelope for such purpose;
3. By sending a copy of such notice to any other responsible authority; and
4. By posting a copy of such notice on the bulletin board adjacent to the Chambers of the Board.
C. As an alternative to the notice required by subparagraphs (1), (2), or (3) of this section, the floodplain administrator may give such notice by causing personal delivery of a copy to the person entitled thereto not less than seventy-two (72) hours before the time fixed for hearing.
15.44.430 Conduct of hearing; Decision.
A. The floodplain administrator shall hear the application for variance and consider evidence presented by the applicant, the responsible authority, and any interested person at the time and place fixed in the notice for hearing.
B. With consent of the applicant, the floodplain administrator may continue the hearing from time to time.
C. Within fifteen (15) days after conclusion of the hearing, the floodplain administrator shall declare his findings and decision and shall promptly transmit and post copies of same in the manner provided for notices in Subsection
15.44.420(B) above.
D. If the variance is granted, the floodplain administrator shall also send to the applicant, in the manner mentioned in Section 15.44.420(C) above, a notice over the signature of the floodplain administrator that:
1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage;
2. Such construction below the regulatory flood elevation increases risk to life and property; and
3. Any other relevant information prescribed by the floodplain administrator; and
4. A copy of such notice shall be maintained with the record of the variance action mentioned in paragraph (E) following.
5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
E. The floodplain administrator shall maintain a record of all variance actions by the floodplain administrator or by the City Council in connection with any appeal to it relating to a variance. Such record shall include the findings or other justifications for issuance of each variance. The floodplain administrator shall also report each variance issued in the annual report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
F. Action or non-action of the floodplain administrator on an application for variance shall be subject to appeal under Article V.
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Article V. Appeals
15.44.440 Authority to consider appeals.
The City Council is empowered to hear appeals and grant relief thereon as provided in this article.
15.44.450 Special definitions.
For the purpose of this article, certain terms and words are defined as provided in this paragraph:
A. Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this chapter including the application for a hearing on appeal as well as the appeal process.
B. Applicant means a person who has applied for a development permit or for approval of a subdivision map, parcel map, or variance.
C. Board means the Shafter City Council.
D. Responsible Authority means the officer or body with the duty of issuing any permit or rendering any approval or which has a duty, power, or discretion under this chapter, which is subject of the appeal.
15.44.460 Grounds for granting appeal and related policies.
A. The appellant shall show at the hearing thereon, and before granting relief on appeal the Board shall find:
1. Interpretation by the responsible authority of one or more regulations mentioned in this chapter was unreasonable or arbitrary; or
2. Action taken or a decision by the responsible authority under this chapter was unreasonable or arbitrary; or
3. Failure to act by the responsible authority pursuant to this chapter was unreasonable or arbitrary.
B. The Board may refuse to grant relief on appeal with respect to any matter which should have been preliminarily considered under Article IV as a variance application.
15.44.470 Procedure for filing and processing appeal.
A. Any applicant who is dissatisfied with any action, decision, or nonaction of a responsible authority may appeal to the Board at any time. Any interested person adversely affected by any decision of a responsible authority may appeal to the Board within fifteen (15) days after such decision.
B. Each appeal shall be filed with the responsible agency and shall be in writing on such form as the Board may, from time to time, approve or if none, then on a form prescribed by the responsible authority.
C. Each appeal shall be signed by the appellant or his authorized agent.
D. The appeal shall identify the application for development permit or the subdivision or parcel map as to which issuance or approval is sought and shall identify the regulation which relates thereto and shall briefly state the facts which give rise to good and sufficient cause for granting relief on appeal. The appellant
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shall set forth the address for purposes of giving him notice and the telephone number of the appellant or his authorized agent.
E. If in addition to the responsible authority with which the appeal is filed, the action or non-action of any other responsible authority is also subject to such appeal, the appeal shall identify each such other responsible authority, in which case the one with which such application is filed shall promptly send a copy of it to each such other responsible authority. The Board is empowered to refuse to grant any appeal relating to the action or non-action of a responsible authority if the appeal failed to identify it.
F. The responsible authority shall promptly forward such appeal to the Clerk.
15.44.480 Fixing date of hearing; Notice of hearing.
The Clerk shall fix a date and time for a hearing on such appeal which shall be within fifteen (15) days after the filing of the appeal or at the next succeeding regular meeting of the Board after fifteen (15) days unless the applicant and appellant (if one other than the applicant) join in consent to a delay or continuance.
If the Clerk fails to fix a date and time for hearing, the Board shall do so. The Clerk shall cause notice to be given of the date, time, and place of the hearing on the appeal at least one (1) week prior thereto, as follows:
A. By mailing a copy of such notice to the appellant at the address set forth in the appeal, by ordinary U.S. mail;
B. By mailing a copy of such notice to the applicant (if one other than the appellant) by ordinary U.S. mail;
C. By mailing a copy of such notice to any person who has requested it and who has furnished the Clerk with a stamped, pre-addressed envelope for such purposes; and
D. By posting a copy of such notice on the bulletin board adjacent to the Chambers of the Board.
15.44.490 Conduct of Hearing – Decision.
A. The Board shall hear the appeal and consider evidence presented by the appellant, the responsible authority, and any interested person at the time and place fixed in the notice of hearing.
B. With the consent of the appellant, the Board may continue the hearing from time to time.
C. Within fifteen (15) days after conclusion of the hearing, the Board shall declare its findings, if any, and decision. The Clerk shall promptly transmit and post copies of same in the manner provided for notices in Section 15.44.480.
D. If relief on appeal is granted, the floodplain administrator shall send to the applicant, in the manner mentioned in Subsection 15.44.420(C), a notice over the signature of the floodplain administrator that:
1. The issuance of a variance to construct a structure below the regulatory flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage;
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2. Such construction below the regulatory flood elevation increases risk to life and property; and
3. Any other relevant information prescribed by the floodplain administrator; and
4. A copy of such notice shall be maintained with the record of the variance action mentioned in subparagraph (D) following.
5. A copy of such notice shall be recorded by the floodplain administrator in the Office of the Kern County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
D. The Clerk shall maintain a record of all actions taken by the Board on appeals.
15.44.500 Precedence.
This chapter shall take precedence over less restrictive conflicting ordinances or parts of ordinances. The City Council of the City of Shafter may, from time to time, amend this chapter to reflect any and all changes in the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. Sections 4001 through 4128 or in the National Flood Insurance Program Regulations. The regulations of this chapter are intended to be in compliance with the National Flood Insurance Program Regulations, Parts 59 and 60 of Title 44 of the Code of Federal Regulations.
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Section 16. Chapter 15.52, Title 15 of the Ordinance Code of the City of Shafter, is hereby repealed; and a new Chapter 15.52, Title 15 of the Ordinance Code of the City of Shafter, is hereby added to read as follows:
CHAPTER 15.52
ENERGY CODE
Sections:
15.52.010 Short title.
15.52.020 Energy Code – Adopted.
15.52.030 California Energy Code – Amendments – General.
15.52.040 Reserved
15.52.010 Short Title.
This Chapter may be cited as the "Shafter Energy Code."
15.52.020 Energy Code – Adopted.
California Code of Regulations, Title 24, Part 6 being that portion of the 2022 Edition of the California Energy Code, without amendment, is adopted by this reference into the Shafter Energy Code.
15.52.030 California Energy Code – Amendments – General No amendments, additions or modifications are included.
15.52.040 Reserved
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PUBLIC HEARING
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: December 6, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Education Partnership Director SUBJECT: PUBLIC HEARING TO TAKE PUBLIC INPUT OF THE PROPOSED
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT
APPLICATION FISCAL YEAR 2023-2024
RECOMMENDATION
Find the proposed activity is exempt from the California Environmental Quality Act; and adopt Resolution 2897, a Resolution of the City Council of the City of Shafter Authorizing the Filing of Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Fair Share Project Funds.
BACKGROUND
The City of Shafter participates with the County of Kern in a cooperative partnership to utilize disbursements of Federal Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) program funding. The County distributes the CDBG monies to all participatory agencies under a “fair-share” allocation, based on population. The City’s fair share amount for the 2023-2024 program year is estimated to be approximately $136,253. This amount can fluctuate based on federal budget allocations. After deducting administrative fees from Kern County, the net total available for the City is approximately $120,000.
In previous years, the City Council has authorized CDBG projects that built community pool improvements, City park improvements as well as street improvements at Shafter Avenue, Richland Drive, and Walker Street. Projects considered included recreational improvements to parks, street improvements, and other infrastructure improvements.
The City is required to hold a public hearing to consider proposed CDBG-funded projects. Notice of the hearing scheduled for tonight’s meeting was published as directed by the County. During and after the public hearing, staff can provide feedback on the feasibility of other uses for the CDBG funds but will proceed with a project application as directed by the Council. The project application is due to the County by the end of December.
PUBLIC HEARING TO TAKE PUBLIC INPUT OF THE PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT APPLICATION FISCAL YEAR 2023-2024 - 2 -
ANALYSIS
While allowable under the guidelines of the grant program, the size of the grant makes the CDBG program impractical for funding most infrastructure and park improvement projects in the city.
Due to its potential for a relatively small investment to have a large impact, staff is proposing that the next CDBG funding allocation goes toward seating and other improvements in the grass area to the southeast of the Shafter Library and Learning Center building at 236 James Street. This is an area with high levels of activity nearby because of proximity to Redwood Elementary, Richland Junior High, and the Library and Learning Center, but the specific location is underutilized as a lawn. This project would remake the space as a small park.
Recommendations from community members for this area include seating, fencing, playground-style instruments made for public spaces, and a large chess set with tables and seating for games or resting. The FY 2023-24 funding would be added to the FY 2022-23 funding to allow more of these ideas to be incorporated in the project. For now, the funding application can cover a list of potential improvements that can be detailed once staff has had a chance to receive and factor in public feedback about what to focus on with these funds.
FISCAL IMPACT
None at this time. It is anticipated the CDBG allocation will be sufficient to pay for the proposed improvements.
CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(b)(4) of the CEQA Guidelines.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
Find the proposed activity is not subject to the California Environmental Quality Act; conduct a public hearing; and adopt Resolution 2897, a Resolution of the City Council of the City of Shafter Authorizing the Filing of Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Fair Share Project Funds. Recommended Not adopt Resolution 2897. This would delay the application for CDBG funds and likely result in missing the December 20, 2022 deadline for the 2023-24 cycle. Not Recommended.
PUBLIC HEARING TO TAKE PUBLIC INPUT OF THE PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT APPLICATION FISCAL YEAR 2023-2024 - 3 -
NEXT STEPS
Submit completed CDBG application to the County of Kern.
ATTACHMENTS
1. Resolution 2897
RESOLUTION NO. 2897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER AUTHORIZING THE FILING OF FISCAL YEAR 2023-2024 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FAIR SHARE PROJECT FUNDS WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has identified the City of Shafter as authorized to be included in the County of Kern’s Community Development Block Grant program entitlement pursuant to Title I of the Housing and Community Development Act of 1974 (Act), as amended; and
WHEREAS, a Cooperation Agreement was executed between this City and the County of Kern to participate in the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and
WHEREAS, HUD requires the County of Kern to prepare a Consolidated Plan to identify unmet needs, set goals and objectives, and provide a strategic plan for utilizing CDBG and HOME funds to address some of the identified needs contained in the Consolidated Plan; and WHEREAS, it is the intention of the City of Shafter to participate and cooperate with the County of Kern in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically described in the Consolidated Plan.
WHEREAS, the City Council of the City of Shafter held a public hearing December 7, 2021 to consider public testimony regarding the filing of Fiscal Year 2023-2024 CDBG Fair Share Project funds; and
WHEREAS, the City of Shafter expects to receive approximately $136,253 in CDBG Fair Share project funds for Fiscal Year 2023-2024; and
WHEREAS, the City Council of the City of Shafter has received public testimony and reviewed the anticipated unmet community needs; and
WHEREAS, the City Council of the City of Shafter requests Community Development Block Grant Funding for Fiscal Year 2023-2024 to be allocated to additions and enhancements at the Shafter Library and Learning Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter approves and authorizes the Education Partnership Director of the City of Shafter to submit the application and to execute agreements and perform all other appropriate acts necessary to accomplish the purpose of this Resolution for the Fiscal Year 2023-2024 CDBG “fair share” estimated to be $136,253 to be allocated to additions and enhancements at the Shafter Library and Learning Center.
Shafter City Council Resolution No. 2897
December 6, 2022
PASSED, APPROVED 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
PUBLIC HEARING
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: December 6, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Suzanne Forrest, Senior Planner
SUBJECT: ADOPT RESOLUTION NO. 2895 CERTIFYING THAT THE CITY
COUNCIL OF THE CITY OF SHAFTER HAS RECEIVED, REVIEWED,
EVALUATED, AND CONSIDERED THE INFORMATION CONTAINED
IN THE ADDENDUM TO THE CERTIFIED FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE 2005 GENERAL PLAN
UPDATE AND RELATED ACTIONS (SCH NO. 2004101029) FOR
SPECIFIC PLAN AMENDMENT NO. 21-03 AND INTRODUCE
ORDINANCE NO. 744 TO APPROVE SPECIFIC PLAN AMENDMENT
NO. 21-03 TO AMEND THE ADOPTED HERITAGE RANCH SPECIFIC
PLAN TO CHANGE THE SPECIFIC PLAN NAME, REMOVE THE
PROVISIONS FOR A GATED AGE-RESTRICTED NEIGHBORHOOD,
SWIMMING POOL AND RECREATION BUILDING, AMEND THE
DEVELOPMENT STANDARDS, AND MAKE MINOR CORRECTIONS,
CHANGES, AND UPDATES TO THE SPECIFIC PLAN TEXT
RECOMMENDATION
1. Council conduct a public hearing;
2. Adopt Resolution 2895, a Resolution of the City Council of the City of Shafter certifying it has received, reviewed, evaluated, and considered the information contained in the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and Related Actions (SCH No. 2004101029) for Specific Plan Amendment No. 21-03, an amendment to the Heritage Ranch Specific Plan, and certifying that the Addendum has been completed in compliance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines; and,
3. Introduce for first reading by title only, and waive reading, Ordinance No. 744, an Ordinance of the City Council of the City of Shafter, California making findings and adopting Specific Plan Amendment No. 21-03 to the Heritage Ranch Specific Plan as provided in Exhibit “A”.
ADOPT RESOLUTION NO. 2895 CERTIFYING THAT THE CITY COUNCIL OF THE CITY OF
SHAFTER HAS RECEIVED, REVIEWED, EVALUATED, AND CONSIDERED THE INFORMATION
CONTAINED IN THE ADDENDUM TO THE CERTIFIED FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE 2005 GENERAL PLAN UPDATE AND RELATED ACTIONS (SCH NO. 2004101029) FOR SPECIFIC PLAN AMENDMENT NO. 21-03 AND INTRODUCE ORDINANCE NO. 744 TO APPROVE SPECIFIC PLAN AMENDMENT NO. 21-03 TO AMEND THE ADOPTED
HERITAGE RANCH SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN NAME, REMOVE THE
PROVISIONS FOR A GATED AGE-RESTRICTED NEIGHBORHOOD, SWIMMING POOL AND
RECREATION BUILDING, AMEND THE DEVELOPMENT STANDARDS, AND MAKE MINOR
CORRECTIONS, CHANGES, AND UPDATES TO THE SPECIFIC PLAN TEXT - 2 -
BACKGROUND
The Heritage Ranch Specific Plan was originally proposed by Centex Homes and was approved by the City Council on February 21, 2006. Due to changing economic conditions, the project was not developed and on February 8, 2011, your Commission approved Conditional Use Permit 10-57 authorizing the development of a solar generation facility on the northern portion of the property. The Specific Plan was amended in 2014 and 2017 at the request of DR Horton, who also obtained approval of a residential subdivision map on the southern portion of the Specific Plan area (Tentative Tract 7244) as well as a financing map (Tract 7333) that corresponded with the boundaries of Tentative Tract 7244. Lennar Homes of California recently purchased the portions of Tract 7333 designated for residential development and is requesting an amendment to the Specific Plan.
The project was considered by the Shafter Planning Commission at a meeting conducted on November 8, 2022. The Planning Commission unanimously recommended Council approval of the project.
ANALYSIS
Lennar Homes of California has requested minor changes to the Heritage Ranch Specific Plan to better accommodate their vision for development of the property and to accommodate the homes within their portfolio. The changes proposed by Lennar Homes include the following:
Changing the name to Marcona Preserve Specific Plan;
Removing the provisions for a gated, age-restricted neighborhood with privately maintained infrastructure;
Removing the plans for a swimming pool and private recreation building; Revising the development standards related to minimum lot size and minimum building setbacks;
Increasing the allowed maximum lot coverage;
Removing the plant palette for the public landscape areas; Replacing the house elevations and floor plans with Lennar Homes product lines; and,
Making minor corrections, changes, and updates to the Specific Plan text.
The proposed amendment does not include any changes to the previously approved land uses or to the number of units allowed within the previously approved Heritage
ADOPT RESOLUTION NO. 2895 CERTIFYING THAT THE CITY COUNCIL OF THE CITY OF
SHAFTER HAS RECEIVED, REVIEWED, EVALUATED, AND CONSIDERED THE INFORMATION
CONTAINED IN THE ADDENDUM TO THE CERTIFIED FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE 2005 GENERAL PLAN UPDATE AND RELATED ACTIONS (SCH NO. 2004101029) FOR SPECIFIC PLAN AMENDMENT NO. 21-03 AND INTRODUCE ORDINANCE NO. 744 TO APPROVE SPECIFIC PLAN AMENDMENT NO. 21-03 TO AMEND THE ADOPTED
HERITAGE RANCH SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN NAME, REMOVE THE
PROVISIONS FOR A GATED AGE-RESTRICTED NEIGHBORHOOD, SWIMMING POOL AND
RECREATION BUILDING, AMEND THE DEVELOPMENT STANDARDS, AND MAKE MINOR
CORRECTIONS, CHANGES, AND UPDATES TO THE SPECIFIC PLAN TEXT - 3 -
Ranch Specific Plan. The proposed amendment would also not alter the configuration of any of the lots within Tentative Tract 7244 approved by the City Council on August 15, 2017.
FISCAL IMPACT
There is no fiscal impact because of the proposed action.
CEQA ANALYSIS
An addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), which includes the adopted Heritage Ranch Specific Plan, has been prepared for Specific Plan Amendment No. 21-03 (Exhibit 5). The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update and related actions (SCH No. 2004101029) and the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update that was adopted for the Heritage Ranch Specific Plan per Resolution 06-1813. The certified Program EIR and Addendum adequately describe the activity of the residential development proposed in the Specific Plan Amendment.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
The City Council could deny the proposed action. However, without the requested changes, Lennar Homes could also choose not to develop the property since many of the proposed changes are needed to accommodate their portfolio of home plans.
NEXT STEPS
Conduct second reading of Ordinance No. 744 on December 20, 2022
ATTACHMENTS
1. Exhibit 1 - Vicinity Map
2. Exhibit 2 - Existing Land Use Map
3. Exhibit 3 - CC Resolution 2895 - Addendum
4. Exhibit 4 - Ordinance 744 - SPA 21-03
5. Exhibit 5 - Addendum - SPA 21-03
Specific Plan Amendment No. 21-03
Esri Community Maps Contributors, City of Bakersfield, City of Shafter, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Override 1
Shafter City Limits
9/14/2022, 10:26:52 AM
0 0.13 0.25 0.5 mi
0 0.2 0.4 0.8 km
1:18,056
City of Shafter
Esri Community Maps Contributors, City of Bakersfield, City of Shafter, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA | Copyright nearmap 2015
EXHIBIT 3
RESOLUTION NO. 2895
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
CERTIFYING IT HAS RECEIVED, REVIEWED, EVALUATED AND CONSIDERED
THE INFORMATION CONTAINED IN THE ADDENDUM TO THE CERTIFIED FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE 2005 GENERAL PLAN UPDATE AND RELATED ACTIONS (SCH NO. 2004101029) FOR SPECIFIC PLAN AMENDMENT NO. 21-03, AN AMENDMENT TO THE HERITAGE RANCH
SPECIFIC PLAN, AND CERTIFYING THAT THE ADDENDUM HAS BEEN
COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND STATE CEQA GUIDELINES
WHEREAS, Lennar Homes of California is requesting minor amendments to the adopted Heritage Ranch Specific Plan including:
1. Changing the name of the Specific Plan to Marcona Preserve Specific Plan;
2. Removing the provisions for a gated, age-restricted neighborhood with privately maintained infrastructure;
3. Removing the plans for a community swimming pool and private recreation building;
4. Revising the development standards related to minimum lot size and minimum building setbacks;
5. Increasing the allowed lot coverage;
6. Replacing the house elevations and floor plans with Lennar Homes product lines; and
7. Making minor corrections, changes, and updates to the Specific Plan text. The existing adopted residential, park and school development densities will not be changed by the proposal; and
WHEREAS, the text changes update the plan text to reflect the requested changes, remove references to neighborhood signage, update sewer information, update the name and information related to the Shafter Library and Learning Center, and correct minor typographical errors; and WHEREAS, the proposed amendment does not change the existing adopted residential, park and school development densities within the Heritage Ranch Specific Plan; and WHEREAS, the City Council, through the City Clerk, did set Tuesday, December 6, 2022, at the hour of 6:00 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter California, for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title Seventeen of the Shafter Municipal Code; and WHEREAS, the City Council of the City of Shafter, at the public hearing scheduled for December 6, 2022, studied and considered the Addendum to the Certified Final Program
Shafter City Council Resolution No. 2895
December 6, 2022
Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) for Specific Plan Amendment No. 21-03; and
WHEREAS, the City Council of the City of Shafter held a public hearing on December 6, 2022, to receive public testimony and consider Specific Plan Amendment No. 21-03 for adoption by ordinance; and
WHEREAS, no new information or conditions have been submitted or identified that would require the preparation of a subsequent Environmental Impact Report (EIR), pursuant to Section 15162 of the State CEQA Guidelines, for the proposed project; and WHEREAS, the 2005 General Plan Update was a comprehensive revision to the City of Shafter 1993 General Plan that expanded the General Plan Study Area Boundary, updated the seven mandatory elements of the General Plan, including the Housing Element, provided an explicit statement of community vision, Coberly West Specific Plan, Mission Lakes Specific Plan, annexation of 5,233.68 acres (Annexation No. 77), pre-zoning for Annexation No. 77, and cancellation of two Williamson Act contracts for 1,007 acres; and WHEREAS, the expansion of the North of the River Municipal Water District was not proposed for adoption by the City of Shafter under the 2005 General Plan Update but addressed and analyzed under the Certified Final Program EIR regarding water service to Annexation No. 77; and
WHEREAS, in the initial stages of preparing the 2005 General Plan Update, the City of Shafter determined that an EIR would be required for the project, and, therefore, a Notice of Preparation (NOP) was prepared in accordance with the CEQA to study the environmental impacts of the project; and
WHEREAS, the NOP for the 2005 General Plan Update was sent to all agencies having involvement in the project per Section 15082 of the CEQA Guidelines; and WHEREAS, the Draft Environmental Impact Report for the 2005 General Plan Update and related actions was made available for a forty-five (45) day review period in accordance with Section 15087 of the CEQA Guidelines which began on April 13, 2005 and ended on May 27, 2005; and
WHEREAS, on June 9, 2005, the Final Program Environmental Impact Report (SCH No. 2004101029) was completed pursuant to Section 15132 of the CEQA Guidelines and notice of its availability was published in the Shafter Press and Bakersfield Californian and provided to interested parties and commenting agencies; and
WHEREAS, the environmental record prepared in conjunction with the project included the following:
1. The Notice of Preparation, the Draft Environmental Impact Report, and the Final Environmental Impact Report; and
2. All staff reports, memoranda, maps, letters, minutes of meetings, and other documents prepared by the consultant relating to the project; and
Shafter City Council Resolution No. 2895
December 6, 2022
3. All testimony, documents, and evidence presented by the City of Shafter and consultant working with the city relating to the project; and
4. The proceedings before the Planning Commission relating to the project and Draft Environmental Impact Report including testimony and documented evidence introduced at the May 10, 2005 public hearing; and
WHEREAS, the laws and regulations relating to the preparation and certification of an environmental impact report, as set forth in the CEQA and State CEQA Guidelines were adhered to and duly followed by City Staff, the Planning Commission, and City Council; and WHEREAS, in accordance with Sections 15090 and 15151 of the State CEQA Guidelines, the Final Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) was considered for adequacy, completeness, and good faith effort at full disclosure and completed in compliance with CEQA; and
WHEREAS, on June 21, 2005, the City Council of the City of Shafter certified the Final Program Environmental Impact Report for the 2005 General Plan Update and related Actions (SCH No. 2004101029) in Resolution No. 05-1738; and
WHEREAS, in accordance with Section 15091 of the State CEQA Guidelines, findings and supporting rationale regarding identified significant environmental effects and related mitigation measures in the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) were adopted by the City of Shafter on June 21, 2005, under Resolution NO. 05-1739, 05-1741, 05-142, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, in accordance with Section 15093 of the State CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), a Statement of Overriding Considerations with supporting reasons for Aesthetics and Visual Resources, Air Quality, Water Resources, Agricultural Resources, and Population and Housing was adopted by the City of Shafter on June 21, 2005, under Resolution Nos. 05-1739, 05-1740, 05-1741, 05-1742, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, in accordance with Section 15097 of the State CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), a Mitigation Monitoring and Reporting Program, for the mitigation measures referenced above was adopted by the City of Shafter on June 21, 2005, under Resolution Nos. 05-1739, 05-1740, 05-1741, 05-1742, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567.
WHEREAS, an addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) for the Heritage Ranch Specific Plan was certified by the City Council of the City of Shafter on February 7, 2006, under Resolution No. 06-1813; and
Shafter City Council Resolution No. 2895
December 6, 2022
WHEREAS, the City Council of the City of Shafter adopted the Heritage Ranch Specific Plan on February 21, 2006, under Ordinance No. 06-574.
NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular meeting on the 6
th of December, 2022, found and resolved the following:
1. The City Council hereby certifies that all required notices have been given.
2. The City Council hereby certifies that the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2005101029) for Specific Plan Amendment No. 21-03 is an accurate and objective statement that has been completed in compliance with the California Public Resources Code and California Environmental Quality Act (CEQA) Guidelines.
3. The City Council hereby certifies that the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2005101029) for Specific Plan Amendment No. 21-03 was presented to the City Council, and the City Council reviewed, evaluated, and considered the information contained in the document and the subject Certified Final Program Environmental Impact Report (SCH No. 2004101029).
4. The City Council hereby certifies that the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2005101029) for Specific Plan Amendment No. 21-03 reflects the City Council’s independent judgment and analysis regarding the project’s impact on the environment.
5. The City Council certifies that no new information or conditions exist that would require the preparation of a subsequent EIR, pursuant to Section 15162 of the State CEQA Guidelines, for the proposed project.
6. The City Council hereby certifies the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2005101029) for Specific Plan Amendment No. 21-03 based on the following findings and conclusions:
A. Finding. Significant environmental impacts were identified in the EIR and require mitigation as set forth in the Certified Final Program Environmental Impact Report (SCH No. 2004101029).
B. Conclusions.
1. All significant environmental impacts from the implementation of the 2005 General Plan Update and related actions, including the proposed project, have been identified in the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) and, with implementation of the mitigation measures identified, will be mitigated to a less than significant level, except for impacts to Aesthetics and Visual Resources, Air Quality, Water Resources, Agricultural Resources, and Population and Housing.
Shafter City Council Resolution No. 2895
December 6, 2022
2. Other reasonable alternatives to the Project which could feasibly achieve the basic objectives of the Project have been considered in the Certified Final Environmental Impact Report (SCH No. 2004101029) and rejected in favor of the Project.
3. Environmental, economic, social and other considerations and benefits derived from the development of the Project override and make infeasible any alternatives to the Project or further mitigation measures beyond those incorporated into the Project.
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
EXHIBIT 4
ORDINANCE NO. 744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA MAKING FINDINGS AND ADOPTING SPECIFIC PLAN
AMENDMENT NO. 21-03 TO THE HERITAGE RANCH SPECIFIC PLAN AS PROVIDED IN EXHIBIT “A”
WHEREAS, Lennar Homes of California is requesting minor amendments to the adopted Heritage Ranch Specific Plan including:
1. Changing the name of the Specific Plan to Marcona Preserve Specific Plan;
2. Removing the provisions for a gated, age-restricted neighborhood with privately maintained infrastructure;
3. Removing the plans for a community swimming pool and private recreation building;
4. Revising the development standards related to minimum lot size and minimum building setbacks;
5. Increasing the allowed lot coverage;
6. Replacing the house elevations and floor plans with Lennar Homes product lines; and
7. Making minor corrections, changes, and updates to the Specific Plan text. The existing adopted residential, park and school development densities will not be changed by the proposal; and
WHEREAS, the text changes update the plan text to reflect the requested changes, remove references to neighborhood signage, update sewer information, update the name and information related to the Shafter Library and Learning Center, and correct minor typographical errors; and WHEREAS, the proposed amendment does not change the existing adopted residential, park, and school development densities within the Heritage Ranch Specific Plan; and WHEREAS, the City Council, through the City Clerk, did set Tuesday, December 6, 2022, at the hour of 6:00 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title Seventeen of the Shafter Municipal Code; and
WHEREAS, the City Council of the City of Shafter, at the public hearing scheduled for December 6, 2022, studied and considered the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) for Specific Plan Amendment No. 21-03; and
WHEREAS, on November 8, 2022, the Planning Commission of the City of Shafter recommended the City Council certify the Addendum to the Certified Final Program
Shafter City Council Ordinance No. 744
December 20, 2022
Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) for Specific Plan Amendment No. 21-03 under Resolution No. 22-411; and WHEREAS, on November 8, 2022, the Planning Commission of the City of Shafter recommended the City Council adopt Specific Plan Amendment No. 21-03 under Resolution No. 22-412; and
WHEREAS, the 2005 General Plan Update was a comprehensive revision to the City of Shafter 1993 General Plan that expanded the General Plan Study Area Boundary, updated the seven mandatory elements of the General Plan, including the Housing Element, provided an explicit statement of community vision, Coberly West Specific Plan, Mission Lakes Specific Plan, annexation of 5,233.68 acres (Annexation No. 77), pre-zoning for Annexation No. 77, and cancellation of two Williamson Act contracts for 1,007 acres; and WHEREAS, the expansion of the North of the River Municipal Water District was not proposed for adoption by the City of Shafter under the 2005 General Plan Update but addressed and analyzed under the Certified Final Program EIR regarding water service to Annexation No. 77; and
WHEREAS, in the initial stages of preparing the 2005 General Plan Update, the City of Shafter determined that an Environmental Impact Report (EIR) would be required for the project, and, therefore, a Notice of Preparation (NOP) was prepared in accordance with the California Environmental Quality Act (CEQA) to study the environmental impacts of the project; and WHEREAS, the NOP for the 2005 General Plan Update was sent to all agencies having involvement in the project per Section 15082 of the CEQA Guidelines; and WHEREAS, the Draft Environmental Impact Report for the 2005 General Plan Update and related actions was made available for a forty-five (45) day review period in accordance with Section 15087 of the CEQA Guidelines which began on April 13, 2005, and ended on May 27, 2005; and
WHEREAS, on June 9, 2005, the Final Program Environmental Impact Report (SCH No. 2004101029) was completed pursuant to Section 15132 of the CEQA Guidelines and notice of its availability was published in the Shafter Press and Bakersfield Californian and provided to interested parties and commenting agencies; and
WHEREAS, the environmental record prepared in conjunction with the project included the following:
1. The Notice of Preparation, the Draft Environmental Impact Report, and the Final Environmental Impact Report; and
2. All staff reports, memoranda, maps, letters, minutes of meetings, and other documents prepared by the consultant relating to the project; and
3. All testimony, documents, and evidence presented by the City of Shafter and consultant working with the City relating to the project; and
Shafter City Council Ordinance No. 744
December 20, 2022
4. The proceedings before the Planning Commission relating to the project and Draft Environmental Impact Report including testimony and documented evidence introduced at the May 10, 2005 public hearing; and
WHEREAS, the laws and regulations relating to the preparation and certification of an environmental impact report, as set forth in the California Environmental Quality Act (CEQA) and State CEQA Guidelines were adhered to and duly followed by City Staff, the Planning Commission, and City Council; and
WHEREAS, in a timely and properly noticed public hearing for the 2005 General Plan Update was held by the City Council of the City of Shafter at a regular meeting on June 21, 2005, at which hearing evidence, oral and documentary, was admitted on behalf of said project; and WHEREAS, in accordance with Sections 15090 and 15151 of the State CEQA Guidelines, the Final Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) was considered for adequacy, completeness, and good faith effort at full disclosure and completed in compliance with CEQA; and
WHEREAS, on June 21, 2005, the City Council of the City of Shafter certified the Final Program Environmental Impact Report for the 2005 General Plan Update and related Actions (SCH No. 2004101029) in Resolution No. 05-1738; and
WHEREAS, in accordance with Section 15091 of the State CEQA Guidelines, findings and supporting rationale regarding identified significant environmental effects and related mitigation measures in the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) were adopted by the City of Shafter on June 21, 2005, under Resolution No. 05-1739, 05-1741, 05-142, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, in accordance with Section 15093 of the State CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), a Statement of Overriding Considerations with supporting reasons for Aesthetics and Visual Resources, Air Quality, Water Resources, Agricultural Resources, and Population and Housing was adopted by the City of Shafter on June 21, 2005, under Resolution Nos. 05-1739, 05-1740, 05-1741, 05-1742, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, in accordance with Section 15097 of the State CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), a Mitigation Monitoring and Reporting Program, for the mitigation measures referenced above was adopted by the City of Shafter on June 21, 2005, under Resolution Nos. 05-1739, 05-1740, 05-1741, 05-1742, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, an addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) for the Heritage
Shafter City Council Ordinance No. 744
December 20, 2022
Ranch Specific Plan was certified by the City Council of the City of Shafter on February 7, 2006, under Resolution No. 06-1813; and
WHEREAS, the City Council of the City of Shafter adopted the Heritage Ranch Specific Plan on February 21, 2006, under Ordinance No. 06-574; and WHEREAS, a timely and properly noticed public hearing for Specific Plan Amendment No. 21-03 was scheduled by the City Council of the City of Shafter for a meeting on December 6, 2022, at which hearing evidence, oral and documentary, was admitted on behalf of said amendment; and
WHEREAS, the City Council has determined that pursuant to Chapter 15, Title 17 of the City of Shafter Municipal Code, it is in the best interest of the City to adopt an amendment to the Heritage Ranch Specific Plan (Specific Plan Amendment No. 21-03) to enhance the quality of life and to protect the health, safety and welfare of its citizens by applying orderly development to the City; and
WHEREAS, the subject property is located within the City of Shafter’s incorporated boundaries; and
WHEREAS, the subject amendment is consistent with the City of Shafter’s existing General Plan; and
WHEREAS, the City Council has, at its regularly scheduled meeting on December 6, 2022, studied and considered Specific Plan Amendment No. 21-03, a proposal to amend the Heritage Ranch Specific Plan including changing the name of the project to the Marcona Preserve Specific Plan, removing provisions for a gated age-restricted neighborhood, swimming pool and recreation building, amending the development standards, replacing the house elevations and floor plans, and making minor corrections, changes, and updates to the Specific Plan text, as illustrated in Exhibit “A”, attached hereto, and made a part of this ordinance as though fully set forth herein; and
WHEREAS, the subject amendment is consistent with the goals, objectives, policies and programs of the General Plan and adopted Heritage Ranch Specific plan and is necessary and desirable for implementing the provisions of said planning documents; and WHEREAS, the subject amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and WHEREAS, the subject amendment is consistent with the purpose and intent of the remainder of Title 17 of the City of Shafter Municipal Code not under consideration; and WHEREAS, on December 6, 2022, the City Council of the City of Shafter certified the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) for Specific Plan Amendment No. 21-03 in Resolution No. 2895.