Shafter City Council Ordinance No. 744
December 20, 2022
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The above recitals and findings incorporated herein, are true and correct.
SECTION 2: The Heritage Ranch Specific Plan, pursuant to Specific Plan Amendment No. 21-03, is consistent with the City of Shafter’s General Plan.
SECTION 3: The City Council certifies 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.
SECTION 4: The Findings of Fact as provided in Exhibit “B”, regarding the certified Final Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), are hereby adopted for Specific Plan Amendment No. 21-03 by the City Council of the City of Shafter.
SECTION 5: That certain environmental impacts regarding Aesthetics and Visual Resources, Air Quality, Water Resources, Agricultural Resources, and Population and Housing are considered unavoidable and cannot feasibly be mitigated to a less-than-significant level.
Moreover, the project alternatives analyzed in the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), as referenced in the Addendum, would not feasibly mitigate the impacts. These impacts are discussed in attached Exhibit “B”. Notwithstanding disclosure of these impacts, the City Council is approving the project based on the overriding considerations as set forth, and hereby adopted, in Exhibit “C”.
SECTION 6: The Mitigation Monitoring and Reporting Program attached in Exhibit “D” is hereby adopted.
SECTION 7: Based on the entire record before the City Council, including the above findings and all written and oral evidence presented to the City Council, the City Council hereby adopts Specific Plan Amendment No. 21-03, as shown in Exhibit “A”, attached hereto, and made part of this resolution as though fully set forth herein, and adopts all of the mitigation measures provided in the Certified Final Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) for Specific Plan Amendment No. 21-03.
SECTION 8: If any provision of this Ordinance or the application thereof is for any reason held to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 9: This Ordinance shall take effect thirty (30) days after its final passage and adoption and, within twenty (20) days after its adoption, a copy of same shall be published and circulated in the City of Shafter together with the names of the members of the City Council voting for and against the same.
Shafter City Council Ordinance No. 744
December 20, 2022
PASSED AND ADOPTED THIS 20th DAY OF DECEMBER, 2022.
_____________________________
Cathy L. Prout, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_________________________
Marco A. Martinez, City Attorney
Marcona Preserve
Specific Plan
A Master Planned Community by
LENNAR
Prepared For:
Lennar Homes of California, Inc.
8080 North Palm Avenue, Suite 110
Fresno, CA 93711
and
City of Shafter
Planning Division
336 Pacific Avenue
Shafter, CA 93263
(661) 746-2065
Prepared By:
McIntosh & Associates
2001 Wheelan Ct.
Bakersfield, CA 93309
(661) 834-4814
Marcona Preserve Specific Plan
Mayor & City Council
Cathy Prout, Mayor
Gilbert Alvarado, Mayor Pro Tem
Pete Espinoza, Council Member
Chad Givens, Council Member
Cesar Lopez, Council Member
City Manager
Gabriel Gonzalez
Planning Department
Steven Esselman, Planning Director
Suzanne Forrest, Senior Planner
Adopted February 21, 2006 (Ord. 06-574)
Amended September 16, 2014 (Ord. 658)
Amended September 5, 2017 (Ord. 699)
Amended xxx xx, 2022 (Ord. ___)
TABLE OF CONTENTS
CHAPTER 1 – INTRODUCTION
A. Purpose and Intent......................................................................................................... 1-1 B. Authority and Scope ....................................................................................................... 1-2 C. Specific Plan User’s Guide ............................................................................................. 1-3 CHAPTER 2 – PROJECT LOCATION AND SETTING
A. Location ........................................................................................................................... 2-1 B. Marcona Preserve Specific Plan Background................................................................. 2-1 C. Surrounding Land Uses and Development................................................................... 2-2 D. Existing Site Conditions ................................................................................................ 2-3 E. Land Use Designations and Zoning............................................................................... 2-6 CHAPTER 3 – COMMUNITY DEVELOPMENT PLAN
A. Project Summary............................................................................................................. 3-1 B. Design Objectives............................................................................................................ 3-2 C. Land Use Plan Overview................................................................................................ 3-3 D. Planning Areas................................................................................................................ 3-4 E. Circulation ...................................................................................................................... 3-8 F. Parks and Recreation Plan ............................................................................................ 3-10 G. Landscape Plan............................................................................................................. 3-12 H. Wall Plan ...................................................................................................................... 3-13 I. Grading Concept ........................................................................................................... 3-13 J. Public Facilities............................................................................................................... 3-14 K. Public Services............................................................................................................... 3-15 CHAPTER 4 – DEVELOPMENT STANDARDS AND REGULATIONS
A. General Provisions.......................................................................................................... 4-1 B. Development Standards and Regulations...................................................................... 4-6 CHAPTER 5 – DESIGN GUIDELINES
A. Purpose and Intent......................................................................................................... 5-1 B. Architectural Design Guidelines.................................................................................... 5-1 C. Landscape Design Guidelines........................................................................................ 5-5 D. Neighborhood Walls....................................................................................................... 5-9 E. Lighting Design Guidelines.......................................................................................... 5-10 CHAPTER 6 – SPECIFIC PLAN ADMINISTRATION
A. Administration................................................................................................................ 6-1 B. Required Findings........................................................................................................... 6-3 C. Implementation.............................................................................................................. 6-3 D. Phasing Plan .................................................................................................................. 6-6
APPENDICES
APPENDIX A - Marcona Preserve Specific Plan Legal Description APPENDIX B - Consistency with the City of Shafter General Plan APPENDIX C - Conceptual Renderings – Residential
LIST OF EXHIBITS follows page
CHAPTER 2
Exhibit 2.1: Regional Location Map............................................................................................ 2-1 Exhibit 2.2: Vicinity Map............................................................................................................. 2-1 Exhibit 2.3: Aerial Photograph.................................................................................................... 2-3 Exhibit 2.4: Topography.............................................................................................................. 2-4 Exhibit 2.5: City of Shafter General Plan Land Use Designations............................................ 2-6 CHAPTER 3
Exhibit 3.1: Marcona Preserve Specific Plan Land Use.............................................................. 3-1 Exhibit 3.2: Marcona Preserve Planning Areas........................................................................... 3-4 Exhibit 3.3: Circulation Plan....................................................................................................... 3-8 Exhibit 3.4: Typical Street Cross-Sections................................................................................. 3-10 Exhibit 3.5: City of Shafter Bicycle Plan ................................................................................... 3-10 Exhibit 3.6: Parks and Recreation Plan..................................................................................... 3-11 Exhibit 3.7: Landscape Plan with Signs..................................................................................... 3-13 Exhibit 3.8: Wall Plan................................................................................................................ 3-14 Exhibit 3.9: Utility Concept Plan - Water................................................................................. 3-15 Exhibit 3.10: Utility Concept Plan - Sewer ................................................................................. 3-15 CHAPTER 4
Exhibit 4.1: Development Standards: Residential Planning Areas............................................ 4-6 CHAPTER 5
Exhibit 5.1: Primary Entry Sign - Plan......................................................................................... 5-6 Exhibit 5.2: Primary Entry Sign - Elevation................................................................................. 5-6 Exhibit 5.3: Conceptual Primary Entry Sign............................................................................... 5-6 Exhibit 5.4: School/Park Sign ..................................................................................................... 5-6 Exhibit 5.5: Streetscape – Jewetta Avenue North Cross Section................................................ 5-7 Exhibit 5.6: Streetscape – Jewetta Avenue North Plan............................................................... 5-7 Exhibit 5.7: Multi-Use Walkway - Elevation ............................................................................... 5-7 Exhibit 5.8: Conceptual Sidewalk/LS......................................................................................... 5-7 Exhibit 5.9: Natural Trail at 7th Standard Road.......................................................................... 5-7 Exhibit 5.10: Wall and Pilaster Elevation (Theme Wall).............................................................. 5-9
LIST OF TABLES
CHAPTER 3
Table 3-1: Marcona Preserve Specific Plan – Planning Areas.................................................. 3-5 CHAPTER 4
Table 4-1: Residential Planning Areas Standards .................................................................... 4-7
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CHAPTER 1
INTRODUCTION
A. PURPOSE AND INTENT
The purpose of the Marcona Preserve Specific Plan, formerly Heritage Ranch Specific Plan, is to define zoning, development standards, and design guidelines for the approximately 263 acres located north of Seventh Standard Road, between the Friant-Kern Canal and Calloway Canal. The property is situated within the City of Shafter Sphere of Influence, in the County of Kern, State of California. The City of Shafter General Plan update (2005) designates an area in the southeastern portion of the Sphere of Influence as Specific Plan.
This area includes the Marcona Preserve property. The City annexed the property in 2005 and requires a Specific Plan to define the quality and character of development in the area.
This Specific Plan will generally conform to the zoning and design guidelines outlined in the City of Shafter General Plan and Title 17 of the City of Shafter Municipal Code (Zoning Ordinance). The Specific Plan’s intent is not to create a fundamentally new standard, but to outline how existing standards will be implemented in the Specific Plan area in order to create a high quality, cohesive community. This Specific Plan will be adopted by ordinance.
In those cases where the master developer does request variances from existing General Plan standards, an alternate design standard will be proposed for approval by the City of Shafter. To aid in this effort, this Specific Plan will discuss the general character and quality of the design proposed for the master-planned community and provide illustrations and examples that will serve as basis for future discussions between the City, community, and developer.
The Marcona Preserve Specific Plan complements the City of Shafter General Plan, ratified by the Shafter City Council on June 21, 2005. At the broadest possible level, the Marcona Preserve Specific Plan consists of a master-planned community on approximately 263 acres within the City of Shafter’s Sphere of Influence. The Specific Plan allows for a mix of residential, public facility, and recreational land uses. It establishes the location, land use, intensity, and character of development. It examines these land uses, considering environmental compatibility and development capacity. Finally, it provides for adequate infrastructure to ensure the continuity of quality and design within the area.
The Specific Plan area will include single-family residential development characterized predominantly by suburban-type residential densities, a middle school, recreation amenities that include four public parks (two ±1.0-acre parks, 3.8 acre park, and a 4.3-acre park), meandering sidewalks, bike path, a natural trail, and all infrastructure improvements required to service the community. Residential development will include a mix of
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products that will address the needs of first-time home buyers and provide “move-up” opportunities for area residents. The Marcona Preserve Specific Plan presents an opportunity to establish a unique and cohesive community identity in southeast Shafter with a combination of distinctive entry signs, landscape treatments, streetscapes, and architecture. The Specific Plan will promote the implementation of the concept of livable neighborhoods in the subject property. Livable neighborhoods are characterized by a welldefined community identity and by encouraging social interaction among residents. In order to achieve this goal, the Marcona Preserve Specific Plan incorporates some NeoTraditional neighborhood design elements such as a balanced mix of uses (including recreational amenities), community connectivity, and pedestrian-friendly design.
The Marcona Preserve Specific Plan is a device used to implement the City of Shafter General Plan. It is a more detailed plan for a focused area. The Specific Plan articulates planning objectives and establishes regulations or controls for proposed uses. The Specific Plan is the combination of concepts, procedures, and regulations from numerous planning documents. It serves as the zoning and design standard for the Specific Plan property.
The Marcona Preserve Specific Plan must be updated every 10 years after approval to reflect changing market conditions, government regulations, and physical conditions.
Estimated build-out for the Specific Plan area is 3 to 8 years.
B. AUTHORITY AND SCOPE
The provisions of California Government Code Section 65450 grant local government agencies the authority to prepare specific plans for the development of any area covered by a general plan, for the purpose of establishing systematic methods of implementation of the agency’s General Plan. Upon adoption of a specific plan, the city must make findings of consistency between the specific plan and any proposed tentative subdivision map before the subdivision can be approved. Hearings will be held by the Planning Commission and City Council before the Specific Plan is adopted by ordinance as a regulatory document.
The City of Shafter Development Code, Title 17, Chapter 15, establishes the purpose, requirements, regulations and procedures for preparation of a Specific Plan in the City of Shafter. The Marcona Preserve Specific Plan is a regulatory plan which will serve as the zoning ordinance for the project. Proposed development plans, or agreements, preliminary plats, site plans, and any other development approval must be consistent with this Specific Plan. Projects which are found consistent with the Specific Plan will be deemed consistent with the City of Shafter General Plan.
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C. SPECIFIC PLAN USER’S GUIDE
This Specific Plan is organized into six chapters, as detailed below:
Chapter 1 – Introduction: Includes the document’s purpose and intent, authority and scope as well as this user’s guide to the Specific Plan. Chapter 2 – Project Location and Setting: Provides general information about the property location, existing site conditions, and the Specific Plan’s general relationship to the City of Shafter General Plan, Land Uses, and Zoning. Chapter 3 – Community Development Plan: Sets forth a master plan for development of the property consisting of a land use plan, a circulation plan, and public facility information.
Chapter 4 – Development Standards and Regulations: Includes zoning criteria for the Specific Plan area.
Chapter 5 – Design Guidelines: Contains design guidelines that will define the community character including, but not limited to: architecture, landscaping, entry signs, lighting, and walls.
Chapter 6 – Specific Plan Administration: Describes the project phasing and sets forth administrative procedures for implementing the Specific Plan.
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CHAPTER 2
PROJECT LOCATION AND SETTING
A. LOCATION
The City of Shafter is located in the heart of the San Joaquin Valley, approximately 15 miles northwest of the City of Bakersfield. The Marcona Preserve Specific Plan area is located in the southeastern portion of the City of Shafter, California, (see Exhibit 2-1:
Regional Location Map). State Route 43 (SR-43) and State Route 99 (SR-99) provide regional access to Shafter.
The Marcona Preserve Specific Plan area is within a portion of Section 36, Township 28 South, Range 26 East, M.D.M. The property is situated approximately 1.2 miles west of SR-99, which is the closest freeway to Marcona Preserve, and approximately 3 miles from Meadows Field Airport in Bakersfield. Access to the site is primarily provided by Seventh Standard Road (see Exhibit 2-2: Vicinity Map).
The 263-acre site is bordered on the south by Seventh Standard Road, on the east by the Friant-Kern Canal, on the west by the Calloway Canal, and on the north by a canal that transfers water from the Lerdo Canal to the Calloway Canal by the North Kern Water Storage District.
B. MARCONA PRESERVE SPECIFIC PLAN BACKGROUND
The City of Shafter has recently annexed the surrounding area north of Seventh Standard Road, west of SR-99, and east of Cherry Avenue. The southeastern portion of the City of Shafter includes 3,663 acres designated Specific Plan. This area lies west of SR-99 and north of Seventh Standard Road.
The area designated Specific Plan, which includes the Marcona Preserve Specific Plan property, allows for residential development, as well as for development opportunities associated with the Wonderful Industrial Park (or WIP, an industrial park) and the SR-99 (a major transportation corridor). Pressure for development within the area designated Specific Plan is a result of three rapidly expanding concentrations of urban development:
• Northward expansion of existing residential areas south of Shafter. • Southerly and easterly expansion of existing industrial uses along Lerdo Highway. • Expansion of existing industrial uses within WIP.
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The WIP is a 3,300 acre industrial park with 500 acres developed and 1,000 acres available for immediate development located on the main line of the Burlington Northern Santa Fe Railway and approximately 4.5 miles west of the project site. This facility is designed to combine a quality industrial setting with a regional transportation solution, including an intermodal facility allowing direct rail service to and from the Ports of Los Angeles and Long Beach, for shippers and distributors serving the western United States.
Urban residential development was approved in this area in 1996, when the Kern County Board of Supervisors approved a 568-acre residential planned community known as Coberly Farms along the north side of Seventh Standard Road. Concurrent with the Coberly Farms development, Kern County also approved urban development on the “Etcheverry Property,” south of Seventh Standard Road. This joint project is also known as “Coberly-Etcheverry.”
The area designated Specific Plan provides the City of Shafter with the opportunity to establish a unique, planned community, with amenities that will promote high quality of life in the area. The City of Shafter recognizes that the potential to preserve agricultural greenbelts and to plan the area in large blocks provides an opportunity to apply “smart growth” principles and implement a walkable community with a broad range of housing, commercial and employment opportunities in close proximity to each other. The area designated Specific Plan was thoroughly analyzed in the City of Shafter General Plan update and related Environmental Impact Report (EIR, 2005).
The Heritage Ranch Specific Plan, now Marcona Preserve Specific Plan, was adopted on February 7, 2006 and will contribute to fulfill the City of Shafter General Plan goals and objectives for the area designated Specific Plan. Project compliance with the City of Shafter General Plan is demonstrated in Appendix B to this Specific Plan.
C. SURROUNDING LAND USES AND DEVELOPMENT
At the present time, with the exception of small isolated areas of rural residential development, the Marcona Preserve Specific Plan site and surrounding property either supports agricultural activities or is vacant (see Exhibit 2-3: Aerial Photograph). Low density residential uses are located less than one mile east and south of the Specific Plan area. In addition, the land use designation for properties south of the Specific Plan site is LR-Low Density Residential within the City of Bakersfield jurisdiction. Urban development is planned for the areas east, west, north, and south of the Marcona Preserve Specific Plan site. Development west of Marcona Preserve Specific Plan is detailed in the adopted Mission Lakes Specific Plan and development north and east of the Marcona Preserve property is detailed in the adopted Gossamer Grove Specific Plan. Both Mission Lakes and Gossamer Grove Specific Plans are planned communities characterized by urban and suburban-type residential densities. Development south of Marcona Preserve Specific Plan is currently planned within active Tentative Tract Maps 6765 & 6766 within the City of Bakersfield.
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Land uses adjacent to the Specific Plan property are summarized below:
• North: The Gossamer Grove Specific Plan is situated north of the subject property. Currently, a dirt road, utility power poles, a canal from the Lerdo Canal that drains into the Calloway Canals, and agricultural property are located north of the subject property.
• East: The Gossamer Grove Specific Plan is situated east of the subject property.
Currently, a dirt road, the Friant–Kern Canal, and single-family residential development on a portion of Gossamer Grove are located east of the subject property.
• West: The Mission Lakes Specific Plan is situated west of the subject property.
Currently, a dirt road, the Calloway Canal, and agricultural property are located west of the subject property.
• South: The Etcheverry Property, located south of the subject property is within the City of Bakersfield. Currently, a Shell pipeline, utility power poles and Seventh Standard Road separate the project site and the Etcheverry Property. The Etcheverry Property is entitled for residential use and is currently used for agricultural purposes. Tentative Tract 6765 was approved on October 15, 2015.
Tentative Tract 6766 was approved on February 15, 2017. Both are located south of the subject property.
D. EXISTING SITE CONDITIONS
The Marcona Preserve Specific Plan property lies between the Friant-Kern Canal and Calloway Canal. The subject property is currently agricultural land in the southern portion and a solar photovoltaic facility occupies the northern portion. The solar photovoltaic power facility was approved by City of Shafter Planning Commission per Conditional Use Permit (CUP) No. 10-57, and was adopted by Resolution No. 11-201 on February 8, 2011. The CUP does not affect the adopted Specific Plan. Historical and current aerial photographs contributed to determine that the majority of the subject property has been used as agricultural land for over seventy-five years. There are no permanent or temporary structures on the subject property, with the exception of the solar panels.
Agricultural and oil extraction activities have disturbed much of the surface of the land in the subject property. There may remain, however, subsurface archaeological sites that are undisturbed. If cultural or paleontological resources are encountered during grading, alteration of earth materials in the vicinity of the find shall be halted until a qualified expert has evaluated the find and recorded identified cultural resources.
The Specific Plan site is not subject to any Williamson Act Land Conservation Contract.
The contracts previously in place were cancelled by the City of Shafter in 2006. The
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conversion of agricultural lands to urban uses was considered in the City of Shafter General Plan update and EIR when the land use designation Specific Plan was adopted for the project site.
According to the State of California Geologic Energy Management Division (CalGEM) Map, a portion of the subject property is located within the Rosedale Ranch Oilfield.
Oilfield activities have occurred on the subject property, and there are two oil wells onsite.
Ne-Tex Oil Corp. Well “Lerdo” 1-36 is an abandoned well per CalGEM report of abandonment dated May 22, 1956 and is located within the Park Site Lot C in PA-2.
Freedom Oil Co., “LLC 3” 48-36 was recently reactivated and redrilled per Permit P415- 1779 dated 4/3/2015 and is located within the designated Drill Site. In the event that a building is constructed within 10 feet of an abandoned oil well, a leak test must be performed. This consists of exposing the well casing that is normally 5 feet below the ground surface and checking for the presence of any leaks with a soap solution. In very rare instances, a building is allowed to be constructed over an abandoned well. When allowed, a single well vent system must be constructed according to CalGEM requirements.
According to the CalGEM map, oilfield activities have also occurred adjacent to the subject property and within a one-mile radius of the subject property. There are five abandoned oil wells, one idle oil well, and one active oil well within properties adjacent to the subject site. There are thirty-three abandoned oil wells and thirty-one active oil wells within the one-mile radius area.
Surface water resources within or adjacent to the project site include Calloway Canal, Friant-Kern Canal, and other man-made irrigation structures. According to the Improvement District No. 4 Report on Water Conditions 2016 (Kern County Water Agency, February 1, 2017), the groundwater beneath the subject property is at an approximate depth of 300 feet below ground surface, and flows towards the southwest.
The Specific Plan area has been studied by the Federal Emergency Management Agency (FEMA). The Specific Plan area is contained within Flood Insurance Rate Map (FIRM) Panel 1800 of 4125 Map Number 06029C1800E), and Panel 1825 of 4125 Map Number 06029C1825E (Kern County, CA, effective September 26, 2008. The FIRM Map depicts the Specific Plan site as Other Areas Zone X (areas determined to be outside the 0.2% annual chance floodplain).
Topographically, the site is characterized as gently sloping, as shown in Exhibit 2.4:
Topography. According to the contour lines on the United States Geological Survey (USGS) Oildale and Rosedale, California Topographic Quadrangle Map, 7.5 minute series, the subject property elevation is approximately 385 feet above mean sea level. The topographic quadrangle map indicates that the property slopes to the southwest. The property does not have any distinguishing geologic formations or topographic features.
The southern portion of the San Joaquin Valley is surrounded on all sides, excluding the north, by active fault systems, including the San Andreas, White Wolf-Breckenridge-Kern
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Canyon, and Garlock Faults. Numerous smaller faults exist within the San Joaquin Valley.
The closest known faults to the subject site are located in the Pond and North of Oildale Quadrangles, approximately 12 and 6 miles from the subject site, respectively.
The Marcona Preserve Specific Plan site is located within a structural trough between the Coastal Range and the Sierra Nevada Mountains. Erosion from both of these mountain ranges has resulted in the deposition of immense thickness of sediments in the San Joaquin Valley floor. Heavily-laden streams from the Sierra Nevada have built very prominent alluvial fans along the margins of the Valley. The soil types prevalent on the subject property are listed in the United States Department of Agriculture Soil Conservation Service Northwestern Part and Natural Resources Conservation Services book and map Southwestern Part. The number following the soil designation represents the index to the Soil Survey of Kern County, California. • Driver coarse sandy loam (#145) - Deep, well drained soil is on terraces, with a 0 to 2 percent slopes. It formed in alluvium derived dominantly from granitic rock.
The surface layer is yellowish brown coarse sandy loam about 16 inches thick, with the upper 10 inches of the substratum is brown, weakly cemented coarse sandy loam, and the lower part to a depth of 65 inches is yellowish brown and pale brown, stratified loam and loamy coarse sand. In some areas the surface layer is loamy sand or fine sandy loam. Permeability of the Driver soil is moderately slow in the subsoil and slow in the weakly cemented substratum. Runoff is very slow, and the hazard of water erosion is slight. Effective rooting depth is 60 inches or more. This unit is suited for irrigated crops, mainly cotton and alfalfa. These soils are in capability Unit IIs-8 (17), irrigated, and capability Subclass VIIs, nonirrigated. • Kimberlina fine sandy loam (#174) - Sandy loam and deep well-drained soil, with a 0 to 2 percent slope on alluvial fans and plains. The surface layer is typically a brown fine sandy loam about 9 inches thick with the upper 36 inches of the underlying material a pale brown fine sandy loam, and the lower part to a depth of 71 inches is a pale brown silt loam. Permeability is moderate and available water capacity is high. Runoff is slow, and the hazard of water erosion is slight. Effective rooting depth is 60 inches or more. Most areas of these soils are used for irrigated crops mainly almonds, alfalfa, cotton, and grapes. Among the other crops grown are potatoes, sugar beets, pistachios, and onions. The soils are also suited for irrigated crops, hay and pasture. A limitation of these soils for urban development is due to rare periods of flooding and moderate to high density developments require sewage systems to prevent contamination of groundwater. These soils are in capability Class I (17) irrigated and capability Subclass VIIc non-irrigated.
Review of historical aerial photographs (County of Kern Engineering and Surveying Services and Western Photogrammetrics) helped determine that the majority of the property has been used for agricultural activities since 1937. The Marcona Preserve
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Specific Plan project site is generally devoid of natural vegetation, except for a few isolated locations. Over the years the site has regularly been cleared and plowed for agricultural activities. The majority of vegetation on-site exists in a disturbed condition as a result of past and present agricultural activities. Disturbed vegetation consists primarily of nonnative grasslands and scrubs. Large areas of natural habitats have been eliminated by past agricultural practices. Due to the disturbance of the natural vegetation cover onsite resulting from agricultural activities, the site presents low wildlife activity.
E. LAND USE DESIGNATIONS AND ZONING
GENERAL PLAN
The Marcona Preserve Specific Plan property is part of a larger area that has been designated as Specific Plan in the City of Shafter General Plan update (see Exhibit 2.5: City of Shafter General Plan Land Use Designations). The Specific Plan designation is a special classification that provides for development of a master-planned community, by means of preparation of a Specific Plan for the area. The designation requires that appropriate infrastructure and public services be provided with development.
The City of Shafter General Plan provides for the development of the area and ensures that circulation and additional infrastructure is planned to meet the needs of the areas designated Specific Plan. Planned improvements include the ultimate widening of Seventh Standard Road to six lanes from SR-99 to Santa Fe Way. The General Plan states that long-term regional transportation improvements are anticipated, including development of a ‘westerly beltway’ (a north-south expressway or freeway connecting the westerly portion of Bakersfield with State Route 99 in the central to northern portion of the Shafter planning area) and a ‘northerly beltway,’ providing an east-west connection between the State Route 99 and Interstate 5.”
The Marcona Preserve Specific Plan provides for a detailed planning process and covers development issues in a comprehensive manner for a portion of the area designated Specific Plan in the General Plan.
ZONING
The City of Shafter has pre-zoned the site as Specific Plan. The Marcona Preserve Specific Plan will determine the zoning for the proposed project area.
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CHAPTER 3
COMMUNITY DEVELOPMENT PLAN
A. PROJECT SUMMARY
The Marcona Preserve Specific Plan area is envisioned as a master-planned community containing a maximum of 880 single-family residential units, a middle school and public recreational facilities. The minimum square footage for residential lots within the Specific Plan area is 5,500 square feet. Recreation facilities consist of four (4) public parks; a 4.3- acre, a 1.01 acre, a 1.75 acre, and a 3.8-acre public park and a multi-use walkway. The parks may include recreational amenities such as playground equipment and park furniture, and will support primarily passive recreation uses. The parks will be connected to a multi-use walkway along Jewetta Avenue North, the Specific Plan’s main roadway. A
16.88-acre middle school site is also planned for the Marcona Preserve Specific Plan area (see Exhibit 3.1 – Marcona Preserve Specific Plan Land Use). The entire Specific Plan area will be tied together by common design elements, which will help create a strong community identity. The use of a thematic architectural design, entry signs, a distinct landscape plant palette, and a unique system of street lighting will convey the community theme. These elements are discussed in more detail in Chapter 5.
The new community proposed by the Marcona Preserve Specific Plan emphasizes the concept of livable neighborhoods. Livable neighborhoods are characterized by a welldefined community identity and by encouraging social interaction among residents. In order to achieve this goal, the Marcona Preserve Specific Plan incorporates some NeoTraditional neighborhood design elements such as a balanced mix of uses, community connectivity, pedestrian-friendly design, and neighborhood parks. The multi-use walkway along Jewetta Avenue North will increase connectivity of residential areas with the parks, school, and adjacent developments, thus reducing dependence on automobile travel within the Specific Plan area. The multi-use walkway will also encourage social interaction among residents. The walkway, natural trail, bike path, and the neighborhood parks will provide the community with recreational opportunities and contribute to tie the Specific Plan area together.
As part of the development, infrastructure improvements will be made to the project site and surrounding area. Improvements to the circulation system will include widening of Seventh Standard Road (which is the primary access to the site), a traffic signal at the main entrance at Seventh Standard Road and Jewetta Avenue North, landscaping, street lighting, parks and recreation facilities and sidewalk installation within the project site and a Natural Trail along Seventh Standard Road property frontage, pedestrian bridges across both the Friant-Kern Canal and the Calloway Canal. Other infrastructure improvements
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will also be implemented to support the development, such as water, wastewater, and drainage systems.
Development of roadways and public facilities will occur concurrently with residential development and are planned to accommodate the built-out requirements of the Marcona Preserve Specific Plan community, ensuring that the Specific Plan standards for orderly growth are implemented. Due to the single access point from Seventh Standard Road, a traffic signal at the intersection of Seventh Standard Road and Jewetta Avenue North will be installed prior to occupancy of any home in the property.
Development also requires to be equipped to access the City of Shafter fiber communications system. Infrastructure for the fiber system will be installed throughout the Marcona Preserve Specific Plan community. Equipment and conduits will connect residences and the recreation center to the fiber system which will be located in the street.
B. DESIGN OBJECTIVES
The Marcona Preserve Specific Plan provides for a comprehensive planning approach that will implement the City of Shafter General Plan. The Specific Plan will help create a high quality development, with a strong sense of place.
To achieve this goal, a number of important issues were considered during the preparation of this Specific Plan, including the City of Shafter General Plan (2005), City of Shafter Zoning Ordinance (updated May 2016), and the City of Shafter Municipal Service Review (September 2014), as well as other regulatory policies, environmental constraints, development phasing, and local community goals. To ensure the functional integrity, environmental sensitivity, and positive aesthetic contribution of the Specific Plan to the Southeast Shafter area, this extensive analysis was used to establish the following list of project objectives:
• Set forth a comprehensive development plan that implements the applicable portions of the City of Shafter General Plan and achieves the City’s development goals for this portion of Southeast Shafter.
• Provide a balance of compatible and complementary residential, recreational, and educational land uses in a well-designed master-planned community. • Ensure coordinated, responsible planning through the use of cohesive procedures, regulations, standards, and guidelines (quality growth). • Create an aesthetically pleasing and distinct community identity through the establishment of design criteria for architecture, landscaping, walls, street improvements, signs, and other planning and design features.
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• Ensure that supporting infrastructure systems sufficiently sustain the land use plan by approving development predicated on the ability to provide adequate water supply, sewer and storm water infrastructure, public services, and transportation system connections in a comprehensive and timely manner.
C. LAND USE PLAN OVERVIEW
The Marcona Preserve Specific Plan area will contain a high quality and aesthetically pleasing community composed of single-family residential, recreational, and public facility land uses on 263 acres. The land use plan was developed to create a complementary mix of land uses that will address the needs of the Marcona Preserve community. The Marcona Preserve Specific Plan design also reflects a plan consistent with applicable City of Shafter ordinances, development standards, and guidelines.
Land uses within the Specific Plan area include residential, recreational/open space, and school, as described below and illustrated in Exhibit 3.1 - Marcona Preserve Specific Plan Land Use.
RESIDENTIAL
Residential uses account for approximately 254 acres of the project site, which will contain a maximum of 880 dwelling units. Residential uses are divided into five categories, according to location. Future residential development Planning Area 5 (PA-5), (current solar project), will be developed by a tentative tract map at a later date. The portion of the residential development along Seventh Standard Road east of Jewetta Avenue North will be developed with smaller single-family residential lots (5,500-13,601 s.f.) and will be called Planning Area 4 (PA-4). The portion of the residential development east of Jewetta Avenue North, to the south of the school site, will generally include smaller to medium sized singlefamily residential lots (5,500-14,672 s.f.) and will be called Planning Area 3 (PA-3). The portion of the Specific Plan west of Jewetta Avenue North, approximately centered in the Specific Plan area will generally include medium sized single-family lots (6,000-14,668 s.f.).
This area of the Marcona Preserve development will be called Planning Area 2 (PA-2). The portion of the residential development west of Jewetta, along Seventh Standard Road will generally contain larger single-family lots (9,450+ s.f.). This area of the Specific Plan will be called Planning Area 1 (PA-1). All residential lots within the Specific Plan area will have a minimum lot size of 5,500 square feet for interior and corner lots.
RECREATIONAL/OPEN SPACE
The main recreation/open space features within the Specific Plan area include four public parks. One 3.8-acre park on the west side of Jewetta Avenue North and one 4.3-acre park on the east side of Jewetta Avenue North, north of the school site are proposed (PA-5), as
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well as one 1.01-acre park (PA-2), and one 1.75-acre park south of the school site (PA-3).
In addition, a 14’ wide multi-use walkway and bike lanes are located along Jewetta Avenue North. The parks are planned primarily as passive recreation facilities, with open turf areas, playground equipment, picnic areas, and other park furniture. A meandering multiuse walkway is planned along the eastern side of the future Jewetta Avenue North (this multi-use walkway is described in more detail in Chapter 3, Section F, and illustrated in Exhibits 3.6, 5.7, 5.8, and 5.9). The multi-use walkway will increase community connectivity, since it will tie residential uses to the school and park, uses. Sidewalks will also connect the two parks (1.01 acre and 1.75-acre located east and west of Jewetta Avenue North) and the school area. The multi-use walkway connection with the parks, school, and the Natural Trail along Seventh Standard Road will tie into the future bike path along the westerly right-of-way of the Friant-Kern Canal and trails within the Mission Lakes and Gossamer Grove Specific Plans. In addition, Jewetta Avenue North will have Class II bike lanes on both sides, which is consistent with the City of Shafter General Plan – Circulation Element. The coordinated walkways, bike lanes, and trails will enhance recreational opportunities and promote pedestrian and bicycle circulation within the community.
SCHOOL
A 16.88-acre middle school site is planned within the Specific Plan area. Development of a new school will address the future residents’ need for middle education facilities within the Specific Plan area.
D. PLANNING AREAS
Five distinct development areas, referred to as “Planning Areas” have been created to implement the planning objectives of the Marcona Preserve Specific Plan. These Planning Areas were formed based on their land uses. Each Planning Area has unique characteristics, but will be integrated into a broader, cohesive community though complementary architectural, landscape, signage, and lighting themes and common recreational amenities.
Of the Planning Areas, all five are Residential Planning Areas (see Exhibit 3.2: Marcona Preserve Planning Areas). Specific information on each Planning Area is included in Table 3-1.
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TABLE 3-1
MARCONA PRESERVE SPECIFIC PLAN – PLANNING AREAS
Planning Area Specific Plan Land Use Approximate
Net Acreage
Max. Dwelling
Units
PA-1 single-family residential lots,
drill site 16.32 60
PA-2 single-family residential lots,
recreation/open space/sump
lot
23.63 142
PA-3 single-family residential lots,
recreation/open space, school 32.81 101
PA-4 single-family residential lots 13.99 92
PA-5 single-family residential lots,
recreation/open space
138 485
Total: 224.75
(net acres)
880
Development standards for each Planning Area are described in Chapter 4. Development in the Planning Areas of the Marcona Preserve Specific Plan will be in substantial conformance with the design standards presented in this document. Actual residential lotting will be determined at the tentative tract map stage.
RESIDENTIAL PLANNING AREA PA-1
Residential Planning Area PA-1 will include approximately 16.32 net acres, with a maximum density of 3.68 units per net acre. PA-1 will also contain a 3.8 acre site for a drill island. Design considerations for Residential Planning Area PA-1 are as follows:
1. Street lighting within Residential Planning Area PA-1 shall be consistent with lighting along Jewetta Avenue North. Street lighting within the Specific Plan area will be thematic and consistent with the overall rustic ranch theme (please refer to Chapter 5, Section E for more detail in lighting design guidelines).
2. Landscaping throughout the Planning Area PA-1 shall be cohesive with landscaping used along Jewetta Avenue North (please refer to Chapter 3, Section G and Exhibit
3.7: Landscape Plan with Signs).
3. Sidewalks will connect the multi-use walkway along Jewetta Avenue North to the parks within Planning Area PA-2 and PA-3, increasing connectivity within the Specific Plan area and providing for a pedestrian-friendly environment (please refer to Exhibit 3.6: Parks and Recreation Plan).
4. Wall and buffering requirements for residential properties adjacent to Seventh Standard Road, the Drill Island, or canal will follow the City of Shafter Development Code standards and canal company requirements, as appropriate (please refer to Chapter 3, Exhibit 3.8: Wall Plan and Chapter 5, Exhibit 5.11).
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5. Site-specific design of the park shall be determined and executed by a landscape architect and shall meet the approval of the Planning Director or his/her designee.
RESIDENTIAL PLANNING AREA PA-2
Residential Planning Area PA-2 will include approximately 23.63 net acres, with a maximum density of 6.0 units per net acre. Planning Area PA-2 will also contain a 1.01- acre neighborhood park. Design considerations for Planning Area PA-2 are as follows:
1. Street lighting within Residential Planning Area PA-2 shall be consistent with lighting along Jewetta Avenue North. Street lighting within the Specific Plan area will be thematic and consistent with the overall rustic ranch theme (please refer to Chapter 5, Section E for more detail in lighting design guidelines).
2. Landscaping throughout the Planning Area PA-2, including the park, shall be cohesive with landscaping used along Jewetta Avenue North (please refer to Chapter 3, Section G and Exhibit 3.7: Landscape Plan with Signs).
3. Sidewalks will connect the multi-use walkway along Jewetta Avenue North to the parks within Planning Areas PA-2 and PA-3, increasing connectivity within the Specific Plan area and providing for a pedestrian-friendly environment (please refer to Exhibit 3.6: Parks and Recreation Plan).
4. Wall and buffering requirements for residential properties adjacent to the canal will follow the City of Shafter Development Code standards and canal company requirements, as appropriate (please refer to Chapter 3, Exhibit 3.8: Wall Plan and Chapter 5, Exhibit 5.11).
5. Site-specific design of the park shall be determined and executed by a landscape architect and shall meet the approval of the Planning Director.
6. Maintenance of the park will be provided the City of Shafter.
RESIDENTIAL PLANNING AREA PA-3
Residential Planning Area PA-3 includes approximately 32.81 net acres with a maximum density of 6.13 units per net acre, located in the eastern portion of the Marcona Preserve property, with access to Jewetta Avenue North. Residential Planning Area PA-3 will contain a 1.75-acre park and middle school. The school shall be provided with a minimum of two points of access per California Department of Education siting requirements.
Development of the school shall be coordinated with the Norris School District. Design Considerations for Planning Area PA-3 are as follows:
1. Street lighting within Residential Planning Area PA-3 shall be consistent with lighting along Jewetta Avenue North. Street lighting within the Specific Plan area will be thematic and consistent with the overall rustic ranch theme (please refer to Chapter 5, Section E for more detail in lighting design guidelines).
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2. Landscaping throughout the Planning Area PA-3, including the park, shall be cohesive with landscaping used along Jewetta Avenue North (please refer to Chapter 3, Section G and Exhibit 3.7: Landscape Plan with Signs).
3. Wall and buffering requirements for residential properties adjacent to the canal will follow the City of Shafter Development Code standards and canal company requirements, as appropriate (please refer to Chapter 3, Exhibit 3.8: Wall Plan and Chapter 5, Exhibit 5.11).
4. Site-specific design of the park shall be determined and executed by a landscape architect and shall meet the approval of the Planning Director.
5. Maintenance of the park and recreational facility will be provided by the City of Shafter.
RESIDENTIAL PLANNING AREA PA-4
Residential Planning Area PA-4 will include approximately 13.99 net acres, with a maximum density of 6.57 units per net acre and is located in the southeast portion of the Heritage Ranch Specific Plan.
1. Street lighting within Residential Planning Area PA-4 shall be consistent with lighting along Jewetta Avenue North. Street lighting within the Specific Plan area will be thematic and consistent with the overall rustic ranch theme (please refer to Chapter 5, Section E for more detail in lighting design guidelines).
2. Landscaping throughout the Planning Area PA-4, shall be cohesive with landscaping used along Jewetta Avenue North (please refer to Chapter 3, Section G and Exhibit 3.7: Landscape Plan with Signs).
3. Sidewalks will connect to the multi-use walkway along Jewetta Avenue North and to the parks within Planning Areas PA-2 and PA-3, increasing connectivity within the Specific Plan area and providing for a pedestrian-friendly environment (please refer to Exhibit 3.6: Parks and Recreation Plan).
4. Wall and buffering requirements for residential properties adjacent to the canal and Seventh Standard Road will follow the City of Shafter Development Code standards and canal company requirements, as appropriate (please refer to Chapter 3, Exhibit 3.8: Wall Plan and Chapter 5, Exhibit 5.11).
RESIDENTIAL PLANNING AREA PA-5
Residential Planning Area PA-5 will include approximately 138 gross acres. Planning Area PA-5 will also contain 3.8-acre and 4.3-acre neighborhood parks. Design considerations for Planning Area PA-5 are as follows:
1. Street lighting within Residential Planning Area PA-5 shall be consistent with lighting along Jewetta Avenue North. Street lighting within the Specific Plan area will be thematic and consistent with the overall rustic ranch theme (please refer to Chapter 5, Section E for more detail in lighting design guidelines).
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2. Landscaping throughout the Planning Area PA-5, including the parks, shall be cohesive with landscaping used along Jewetta Avenue North (please refer to Chapter 3, Section G and Exhibit 3.7: Landscape Plan with Signs).
3. Sidewalks will connect to the multi-use walkway along Jewetta Avenue North and to the parks within Planning Area PA-5, increasing connectivity within the Specific Plan area and providing for a pedestrian-friendly environment (please refer to Exhibit 3.6: Parks and Recreation Plan).
4. Wall and buffering requirements for residential properties adjacent to the canal will follow the City of Shafter Development Code standards and canal company requirements, as appropriate (please refer to Chapter 3, Exhibit 3.8: Wall Plan and Chapter 5, Exhibit 5.11).
5. Site-specific design of the park shall be determined and executed by a landscape architect and shall meet the approval of the Planning Director.
6. Maintenance of the park and recreational facilities will be provided by the City of Shafter.
E. CIRCULATION
The main objective of the circulation plan and the planned roadway improvements is to provide direct and convenient access to the community through a safe and efficient network of roadways. A roadway concept has been developed for the Marcona Preserve Specific Plan as illustrated on Exhibit 3-3: Circulation Plan. Circulation improvements constructed for the project will improve the functional efficiency of the Southeast Shafter/Northwest Bakersfield circulation system and will enhance the aesthetics of the street network through landscape improvements along the project’s frontage and Jewetta Avenue North. All streets within the Specific Plan area shall be dedicated as public streets.
Access to the project site will be provided primarily via Seventh Standard Road. A secondary entrance will be provided through Jewetta Avenue North, which connects to the Gossamer Grove Specific Plan, located immediately north of the Marcona Preserve Specific Plan site. Typical Marcona Preserve Specific Plan Street Cross Sections are illustrated in Exhibit 3-4. A description of the circulation concept follows:
• Seventh Standard Road is an adopted Specific Plan line with Kern County and the City of Shafter. Seventh Standard Road forms the southerly boundary of the project site and is designated by the City of Shafter General Plan Circulation Element as a Designated Express Way, with a base right-of-way width of 126 feet. The Marcona Preserve Specific Plan primary entry sign will be located at the intersection of Seventh Standard Road and Jewetta Avenue North, creating a gateway to the community. Prior to occupancy within the Specific Plan, a traffic signal will be installed at the intersection of Seventh Standard Road and Jewetta Avenue North.
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• Jewetta Avenue North will extend in a north-south alignment, from the northern project boundary to Seventh Standard Road. Jewetta Avenue North will connect residential, recreation, and school uses. A multi-use walkway will follow Jewetta Avenue North on the east side, which will enhance the community’s recreational opportunities, as well as contribute to create a strong community identity and an aesthetically pleasant main street. A Class II bike lane shall be striped along both the east and west sides of Jewetta Avenue North. Jewetta Avenue North is an arterial south of Seventh Standard Road (in the City of Bakersfield Metropolitan Bakersfield General Plan) and will be classified as an arterial within the Marcona Preserve Plan area. The arterial designation for the avenue within the Specific Plan area will allow for appropriate roadway connection at the intersection of Seventh Standard Road and Jewetta Avenue North.
The typical arterial cross section in the City of Shafter includes 110-foot rightof-way. From the northern right-of-way line of Seventh Standard Road to a point 1,000 feet north of it, the cross section for Jewetta Avenue North will include a 10-foot sidewalk/landscape area along the western side, a 17-foot sidewalk/landscape area along the eastern side, and a 14-foot auxiliary lane plus two 12-foot through lanes on each side, separated by a 14-foot median. From a point 1,000 feet north of the northern right-of-way line of Seventh Standard Road to the northern project boundary, Jewetta Avenue North will include a 14-foot sidewalk/landscape area along the western side, a 10-foot auxiliary lane and two 12-foot through lanes on each side, separated by a 14-foot median.
Along this northern portion of the roadway, Jewetta Avenue North will have an additional 7-foot strip to create a 21-foot wide landscape and multi-use walkway area along the eastern side. All sidewalks on Jewetta Avenue North and Seventh Standard Road shall be separated from pavement and curb with landscaping.
The applicant/developer of the Marcona Preserve Specific Plan area and City staff will negotiate the location of traffic signal along Jewetta Avenue North, north of Seventh Standard Road, within the Marcona Preserve Specific Plan area. The developer shall participate in the Regional Transportation Impact Fee (RTIF) program and will be entitled to reimbursement through the program. Reimbursement through the RTIF will include the signal at the intersection of Jewetta Avenue North and Seventh Standard Road and signals offsite. Reimbursement through the RTIF will not include signals directly serving the subdivisions within the Marcona Preserve Specific Plan area that are not regional in nature.
• The remaining streets within the Specific Plan area are designated as local streets. Local streets, including cul-de-sacs, provide circulation within the individual planning areas. Local streets will have a base right-of-way width of 52
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feet that will include two-way lanes (12-foot) as well as 8-foot parking lanes and 6-foot sidewalks on both sides of the street. Implementation of sidewalks and painted bicycle lanes along the public roadways will facilitate non-vehicular circulation and increase connectivity with the trail system in the area. The project will comply with the City of Shafter Bikeway Plan included in the General Plan, as Class II bike lanes will be implemented along Jewetta Avenue North (see Exhibit 3-5: City of Shafter Bicycle Trail Plan and Policy 11, Section
3.4 of the Transportation Program of the City of Shafter General Plan). Final design of local streets will be determined at the tract map stage.
According to the City of Shafter Municipal Service Review (September 2014), the interchange at Seventh Standard Road and State Route 99 has undergone an upgrade and a railroad grade separation, which contributes to improved traffic circulation to and from the Specific Plan area.
F. PARKS AND RECREATION PLAN
Park and recreation facilities within the City of Shafter Sphere of Influence are provided by four entities: the City of Shafter, the Shafter Recreation and Park District, the Kern County Park and Recreation Department, and the North of the River Recreation and Park District. The North of the River Recreation and Park District covers the southeastern portion of the planning area.
The following parks in the City core are operated and maintained by the City of Shafter:
Mannel Park (4.5 acres, within the Shafter “core area”), Rodriguez Park (6.1 acres, located within the southeast portion of the City of Shafter), Stringham Park (1.2 acre, located downtown Shafter), Veteran’s Park (15.7 acres, located in the southeast portion of the City of Shafter) and Kirschenmann Park (6.2 acres, at the intersection of Birch Street and Euclid Avenue). The City also operates Flight Park (3.2 acres) located within the Gossamer Grove Specific Plan.
Recreational facilities within the City of Shafter Sphere of Influence include tennis courts and athletic fields at Shafter High School, and the Shafter Aquatic Center at 269 Poso Street. The Community Action Partnership of Kern operates a youth facility west of SR43, south of East Euclid Avenue, and north of East Ash Street. This facility includes an 18,000-square foot gym, a computer training room, a day care center with playground, and food service facilities. The Shafter Recreation and Park District operates the Walker Senior Center at 505 Sunset Avenue. Just south of the youth facility, the City of Shafter has constructed a skate park.
The Parks and Recreation Plan, shown in Exhibit 3-6, is an important element of the Marcona Preserve Specific Plan. The Parks and Recreation Plan provides adequate recreational/open space facilities to address the needs of the Specific Plan community.
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The Parks and Recreation Plan features a 3.8-acre public park on the western side of Jewetta Avenue North, a 4.3-acre park on the eastern side of Jewetta Avenue North, north of the school. One approximately 1.01-acre park and one approximately 1.75-acre park are located on each side of Jewetta Avenue North, south of the school site. In addition, the Specific Plan will develop a multi-use walkway along Jewetta Avenue North, the Specific Plan’s main road. Sidewalks will also connect Jewetta Avenue North to the parks and Natural Trail and pedestrian bridges across both the Friant-Kern Canal and the Calloway Canal along Seventh Standard Road are also planned, as additional amenities that will further increase connectivity of the area’s trail system, expected to be developed as part of the Gossamer Grove and Mission Lakes Specific Plan areas (east and west of the Marcona Preserve property). Sidewalks will connect the parks and the school area east and west of Jewetta Avenue North. A Class II bike lane will also be implemented along Jewetta Avenue North and the development will provide multiple access points to a bicycle trail, originating in the City of Bakersfield.
The public parks are envisioned as gathering places for the community, and may accommodate small neighborhood events. These areas, together with the multi-use walkway, will be focal points of the Marcona Preserve community. The parks will be primarily passive recreation areas, and may include amenities such as children’s play area with adjacent seating and paths, multipurpose turf, bike racks, picnic tables, and other park furniture. Lighting within the parks will be consistent with street lighting along Jewetta Avenue North. Landscaping will also be consistent with the landscape design along Jewetta Avenue North. The 1.01- acre and 1.75-acre public parks will be maintained by the City of Shafter and the larger parks in Planning Area-5 may be maintained by Shafter.
The multi-use walkway along Jewetta Avenue North will be a meandering path that will accommodate pedestrians and bicyclists, as well as other non-motorized users. The multiuse walkway will provide residents with an alternative mode of transportation throughout the community, and may enhance social interaction within the Specific Plan area. In addition, Class II bike lanes will be implemented along both sides of Jewetta Avenue North. Sidewalks will be developed to connect the parks and the school to Jewetta Avenue North.
A minimum 36-foot wide Natural Trail will be implemented along the entire frontage along Seventh Standard Road, which will tie into the trails planned as part of the Mission Lakes and Gossamer Grove Specific Plans. The Natural Trail will include a 10-foot wide landscaped sidewalk separated from Seventh Standard Road by at least 10 feet of landscaping. The Natural Trail will be a major recreational amenity within the Specific Plan area and will also enhance community connectivity, since it will link residential uses to the neighboring residential developments.
The City of Shafter has established a park-to-population ratio of 2.5 acres of park space for every 1,000 residents. The number of persons per dwelling unit per 2010 US Census, rounded to 4.0 pp/du x 880 dwelling units x 2.5 = 8,800 for a required 8.8 acres of
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required parkland. The proposed total park acreage of 10.86 acres exceeds the City requirement and addresses the Specific Plan area residents’ recreation and open space needs adequately.
G. LANDSCAPE PLAN
The landscaping and signage will contribute greatly to define the Marcona Preserve community character. Exhibit 3-7: Landscape Plan with Signs includes conceptual locations for landscaping, and for primary tract, school and park signs. Distinctive landscape and streetscape features contribute to integrate the diverse elements of the built environment. These features help unify the street aesthetics, provide orientation to residents and visitors, and create a powerful, memorable view.
The purpose of the Landscape Plan with Signs is to establish a cohesive landscape framework that permeates the community, contributing towards an aesthetic continuity in the Specific Plan area. Elements of the Plan are as follows:
Primary Entry Signs: these signs will be designed to identify the main entrance to the Marcona Preserve community and will be located on both sides of Jewetta Avenue North, near the intersection with Seventh Standard Road. The signs will create a visual gateway to the Specific Plan area and will contribute to establish a strong community identity (see Exhibits 5-1: Primary Entry Sign Plan; 5-2: Primary Entry Sign Elevation; and 5-3: Primary Entry Sign Elevation-Detail).
Major Roadway Streetscape: this type of landscaping shall be used along Jewetta Avenue North and Seventh Standard Road and shall clearly identify the roadway hierarchy within the Specific Plan area. The streetscape will accommodate bike lanes and multi-use walkways, and a Natural Trail in some portions of these roadways. Tree species will include a mixture of evergreen and deciduous species, for added visual interest. Please refer to Chapter 5, Section C for detailed streetscape design guidelines.
Local Roadways Streetscape: this type of landscaping shall be used along local roadways.
A unifying plant palette in similar patterns that reflect the community’s design theme will be used to create the local roadway screetscapes. Please refer to Chapter 5, Section C for detailed streetscape design guidelines.
Primary entry signs and school/park signs will follow standards shown in this Specific Plan (Exhibits 5.1, 5.2, 5.3, and 5.4).
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H. WALL PLAN
A sample wall plan was developed for the Marcona Preserve Specific Plan and is shown in Exhibit 3-8. A block wall with pilasters will be built along Jewetta Avenue North and along the residential property lines adjacent to parks (please refer to Chapter 5, Exhibit 5.10 for an illustration of the proposed wall). A block wall with slumpstone cap and color compatible with the theme wall will be implemented along the northern, eastern, and western boundaries of the school site, as a buffer to residential properties and the canal.
The Wall Plan objective is to shield residential uses while being consistent with the community theme.
Distinct pilasters will be spaced along the block wall. Decorative accents will be applied to it, to create a wall design consistent with the Specific Plan architecture theme.
An 8-foot tall block wall is to be constructed along the frontage of Seventh Standard Road and 300 feet north of Seventh Standard Road along the eastern and western project boundaries. The wall will be stepped down to 6 feet and extended along the east and west project boundaries to separate the residential parcels from the Friant-Kern Canal and the Calloway Canal. Cross-section drawings are depicted in Exhibit 3.8. The block wall will be maintained at 8 feet in height above the grade of Seventh Standard Road, as measured from the median, to top of wall at all points of construction.
I. GRADING CONCEPT
Grading for the Marcona Preserve Specific Plan is tailored to the existing topography of the project site. The project site is on a flat to gently sloping terrain. Soil and geologic conditions present no known significant constraints to grading. The primary objectives of the grading concept are to:
• Establish road grades that are consistent with those of the existing City streets around the site.
• Provide stable development pads for residential, educational, or recreational structures or amenities.
• Balance the cut and fill grading quantities on-site.
The grading plans shall be designed to accommodate drainage and a street system that meets the City of Shafter standards.
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J. PUBLIC FACILITIES
WATER DISTRIBUTION
The City of Shafter and the Oildale Mutual Water company are the only municipal and industrial water purveyors in and adjacent to the City and the Specific Plan area. The City of Shafter owns and operates its own public water system. Four major canals affect water resources in the Shafter area. These include: Friant-Kern Canal (also known as the Federal Central Valley Project), the California Aqueduct (also known as the State Water Project), Lerdo or Beardsley Canal, and the Calloway Canal. These canals are vital to agricultural fields throughout the County and State.
Oildale Mutual Water Company currently provides water to residential and commercial development north of Seventh Standard Road and west of Highway 99. Oildale Mutual’s existing water supply is a combination of groundwater and treated surface water.
Oildale Mutual Water Company will provide water services to the Specific Plan area with a dual water supply system. This system includes a domestic water supply and a landscape irrigation water supply. The water supply and distribution system will comply with all Oildale Mutual Water Company standards.
The primary connection points available for the Marcona Preserve Specific Plan area will be from the Gossamer Grove and Mission Lakes Specific Plan areas through Street “D”, as shown in the Mission Lakes Specific Plan, and additionally along Seventh Standard Road to the east to form a looped system (Exhibit 3-9: Utility Concept Plan - Water).
The proposed water system will include a water line along Jewetta Avenue North, extending from the 12-inch minimum water line at Seventh Standard Road to the 12-inch minimum water line at Street “D” between the Gossamer Grove and Mission Lakes Specific Plan areas, and 6-inch and 8-inch lines within the internal roadways to provide domestic service to each proposed residence and the school, as well as supply sufficient fire flows to fire hydrants placed in accordance with the Kern County Fire Department standards.
SEWER SERVICES
Wastewater (effluent) treatment involves cleaning used water and sewage so that it can be returned safely to the environment or reused in place of other resources. The City of Shafter Department of Public Works is responsible for the operation and maintenance of the City’s public sewer system. Wastewater treatment service provided to the City is accomplished through a co-ownership of the Shafter/North of River Sanitation District No. 1 (NORSD) regional treatment plant that guarantees a set share of its capacity. The City of Shafter owns one-third of the wastewater treatment plant capacity and NORSD owns two thirds of the plant. According to the Municipal Services Review prepared for the
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City of Shafter in September 2014, both the City sewer mains and the regional wastewater treatment plant have plenty of capacity for the long-term future.
The proposed sewer plan for this Specific Plan consists of an extension of the already existing facilities west of the project. A gravity sewer line ranging in size from 18 to 30 inches has been constructed along Seventh Standard Road and provides sewer service to the project. A 10-inch gravity main will connect to the gravity main in Seventh Standard Road as depicted in Exhibit 3-10. The sewer system will also include 6-inch and 8-inch lines within the internal roadways to provide domestic service to each proposed residence.
Sewage disposal facilities shall be installed in accordance with requirements and specifications of the State Department of Health Services and the Kern County Department of Public Health.
DRAINAGE PLAN
A preliminary on-site hydrology study will be performed to analyze the project’s approximate 263 acres and determine an approximation of flows generated by the current undeveloped conditions and build-out conditions. The preliminary on-site hydrology study will be based on conceptual grading plans.
The Marcona Preserve Specific Plan site is classified by the USGS as Quaternary alluvium in the southern Joaquin Valley. The southwesterly flowing Kern River is approximately 6 miles south of the site. Existing topographic relief consists of relatively flat contours, with the existing site drainage generally sheet flowing in a northeasterly direction. The site is not located within the 500-year Kern River floodplain zone. No 100-year floodplains are located onsite. Calloway Canal and the Friant-Kern Canal delineate the western and eastern borders of the Specific Plan area, respectively. The drainage plan for Marcona Preserve Specific Plan will be consistent with common practice in the area and City of Shafter standards.
Prior to approval of any final map associated with the Marcona Preserve Specific Plan, detailed drainage/hydrological studies shall be required to address on-site drainage conditions and increased runoff flows associated with proposed land uses on a subdivisionlevel basis. Drainage facilities within public road right-of-way and drainage easements are proposed to be maintained by the City of Shafter.
K. PUBLIC SERVICES
The following information is a brief summary of services to be provided to the Marcona Preserve Specific Plan community.
Marcona Preserve
A PLANNED COMMUNITY
Marcona Preserve Specific Plan
Utility Concept Plan - Water Page 439 of 961
Marcona Preserve
A PLANNED COMMUNITY
Marcona Preserve Specific Plan
Utility Concept Plan - Sewer
EXISTING 18"-30"
SEWER MAIN FROM
GOSSAMER GROVE
EXISTING SEWER
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FIRE AND POLICE PROTECTION
Fire Protection Services
The City of Shafter contracts with the Kern County Fire Department (KCFD) for fire protection services. The KCFD provides response to all fire and life safety emergencies.
Within the City core and areas in the northern portion of the City, fire prevention services are provided from Station 32, located in the downtown area. Station 61, located at 6400 Fruitvale Avenue currently is and would continue to be the station serving the southeast Shafter area. This station contains both an Engine Company and a Ladder Company, each with a full-time captain, engineer, and firefighter. Station 61 operates three shifts (48 hours on-duty) and has one Type I engine and one ladder truck. KCFD is planning for a new fire station (Station 68) near the intersection of Seventh Standard Road and Allen Road. Currently, the new station has no construction date. Depending on the severity of the fire emergency, additional units from Bakersfield, Oildale, or other locations may respond (City of Shafter Municipal Service Review, September 2014).
While the Insurance Services Office (ISO) considers the ideal travel distance for a fire engine to be 1.5 miles, for planning purposes, the Kern County Fire Department (KCFD) uses a travel distance of 2 miles for a fire engine as the standard response distance. For ladder trucks, the ideal ISO travel distance is 2.5 miles. The KCFD uses a standard response distance of 3 miles. KCFD’s staff and equipment will have to increase in order to respond adequately to the Marcona Preserve, Mission Lakes, and Gossamer Grove Specific Plan developments. The Mission Lakes and Gossamer Grove Specific Plans state that acreage for fire facilities will be provided within those Specific Plan areas as required by the City of Shafter/Kern County. No additional acreage for those uses will be necessary within the Marcona Preserve Specific Plan boundaries.
Police Protection Services
Law enforcement services in the City of Shafter and surrounding area are provided by three agencies: the Shafter Police Department, the Kern County Sheriff’s Department, and the California Highway Patrol. These three agencies coordinate their efforts to ensure adequate police protection services are provided to residents and businesses.
The City of Shafter Police Department provides police protection services within the incorporated limits of the City. The Department employs 26 uniformed offices and 13 civilian support personnel. The Department maintains 2 uniformed officers and 1 police supervisor per shift, 24 hours per day, 7 days per week. The Department’s desired police officer to population ratio is 1.1 sworn officers per 1,000 residents. The 2010 US Census has established the City of Shafter’s population at 16,988 persons. Based on the Department’s preferred ratio, 26 sworn officers meet desired staffing goals.
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The California Department of Finance has estimated the population in the City of Shafter in 2017, to be 18,868. Based on the current population, the City needs a total of 21 sworn officers to service the residential areas and one to service the industrial development. As the population grows in the southeast portion of the City, additional police personnel, equipment, and facilities will be needed.
Police protection services for the unincorporated areas surrounding the City of Shafter are provided by the Kern County Sheriff’s Department. The Buttonwillow Substation provides service to the unincorporated areas surrounding the City.
The California Highway Patrol (CHP) provides traffic enforcement on major roads, State Highways, and Freeways within the City of Shafter and City’s Sphere of Influence.
The Gossamer Grove Specific Plan identifies areas for police facilities within the Specific Plan areas as required by the City of Shafter/Kern County. No additional acreage for those uses will be necessary within the Marcona Preserve Specific Plan boundaries.
SCHOOLS
The Marcona Preserve Specific Plan is within the Norris Elementary School District. The Marcona Preserve Specific Plan proposes the construction of a middle school on a 16.88- acre site to meet the future Specific Plan area residents’ educational needs. The middle school is anticipated to join the Norris Elementary School District. The Kern High School District will serve high school students of the Marcona Preserve community.
PUBLIC LIBRARY
The Shafter Library and Learning Center is operated by the Shafter Education Partnership.
The library, located at 236 James Street, maintains a collection of over 30,000 books, videos, DVDs, audio books, and other media in their facility. The Shafter Education Partnership operates the Shafter Learning Center out of the same building. The Learning Center hosts classes that challenge advanced students and enriches education in Shafter.
The Shafter Learning Center also has computers available to the public.
UTILITIES
The Marcona Preserve Specific Plan will be served with telephone, cable, internet, electricity, natural gas and solid waste collection services from public and private companies as detailed below:
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Utility Provider
Electricity PG&E
Gas Southern California Gas Co.
Water Oildale Mutual Water District
Sewer City of Shafter
Solid Waste Varner Brothers
Telephone AT&T and Shafter Connect
Cable AT&T, Spectrum, and Shafter Connect
Marcona Preserve Specific Plan Page 4-1
CHAPTER 4
DEVELOPMENT STANDARDS AND
REGULATIONS
The following Development Standards and Regulations implement the planning and design concepts of this Specific Plan. These standards and regulations address site development issues and provide the basic criteria that govern all development within the boundaries of the Marcona Preserve Specific Plan. Development within the Specific Plan shall be subject to the review processes discussed further in this document (Chapter 6).
Any standard or regulation contained herein that differs from the City of Shafter Municipal Code shall take precedence over and supersede the City of Shafter Municipal Code, unless otherwise prohibited. Any standard or regulation of the City of Shafter not covered in this Specific Plan in the areas of site development, administration, review procedures, environmental review, and parking regulations, shall apply to this Specific Plan. Where a discrepancy occurs, which unreasonably restricts the implementation of this Specific Plan, a Specific Plan Amendment shall be required.
A. GENERAL PROVISIONS
DEFINITION OF TERMS
All terms used in this document shall have the same definitions as provided in the City of Shafter Municipal Code, Zoning Ordinance, Section 1.190, except where altered in the definitions provided below:
Abutting, Adjoining, Adjacent. Having district boundaries or lot lines in common.
Where properties would have had lot line in common except for the existence of an alley, the lot lines of those properties are considered to be abutting, adjoining, or adjacent.
Accessory Structure. Any subordinate structure or portions of the main structure, the use of which is incidental to that of the main structure on the same lot or premises, and which is used exclusively by the occupants of the main structure. An accessory structure may be erected only after the principal structure is established. Acreage, Gross. The total fee ownership of a parcel or land area including any easements.
Acreage, Net. The land area which remains after dedication of ultimate rights-of-ways for 1) exterior boundary streets, 2) flood control rights-of-way, and 3) easements.
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Architectural Features. Any portion of the outer surface of a structure, including, but not limited to, the kind, color and texture of the building material, the type and style of windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure. Architectural Projections. A marquee, fireplace, chimney, porch, canopy, or similar projection of a building.
Builder. The person or entities who acquire Planning Areas (as defined below) in the Marcona Preserve Specific Plan from the Master Developer. Building Height. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.
Coverage, Lot or Site. “Lot or Site Coverage” shall mean the ratio between the ground floor area of the habitable buildings (or buildings as defined by the Uniform Building Code) and the lot area.
Density. The number of permanent dwelling units per planning area based on net acreage.
Developers. The person or entities who acquire Planning Areas (as defined below) in the Marcona Preserve Specific Plan Area from the Owner for the purpose of developing said Planning Areas.
Dwelling, Single-Family. A building containing one dwelling unit on one lot. Easement. The right to use property owned by another for specific purposes or to gain access to another property. For example, utility companies may have easements on private properties to be able to install and maintain utility facilities. Floor Area, Gross. The total enclosed area of all floors of a building measured to the inside face of the exterior walls including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet, but excluding area used exclusively for vehicle parking or loading.
Floor Area, Net. The total building floor area excluding garages, hallways, lobbies, elevators, and other common spaces.
Frontage, Building. The side or face of the building which is parallel to or is at an angle of 45 degrees or less to a public street or a public parking area. Frontage, Road. A minor street which is parallel to, and adjacent to an arterial street or freeway, and which provides access to abutting properties and protection from through and fast traffic.
Frontage, Street or Highway. That portion of a lot or parcel of land which borders and has access to a public street, highway, or parkway. The frontage shall be measured
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along the common lot line separating the lot or parcel of land from the public street, highway, or parkway.
Garage. A permanently roofed structure with 3 enclosed sides and a garage door which is used for automobile shelter and storage.
Lot. A site or parcel of land under one ownership having frontage upon a street, other than an alley, or a private easement determined by the Public Works Manager to be adequate for purposes of access.
Lot Area. The horizontal area within the property lines excluding area to be included in future street right-of-way as established by dedication. Lot, Corner. A site bounded by 2 or more adjacent street lines that have an angle of intersection of not more than 135 degrees.
Lot Depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot, Double Frontage. An interior lot having frontage on more than one street. Lot, Interior. A lot other than a corner lot.
Lot Line. A line of record that divides one lot from another lot or from a public or private street or any other public space.
Lot Width. The average horizontal distance between the side lot lines, measured at right angles to the lot depth as a point midway between the front and rear lot lines. Open Space. Any area of land, essentially left undeveloped and not occupied by structures that is set aside, dedicated, or reserved in perpetuity for public or private enjoyment as a preservation or conservation area. Open space areas may include developed areas for passive recreation. Facilities within open space areas may include nature trails, exercise trails, seating areas, picnic tables, grills, and children's playground equipment.
Open Space, Usable. Outdoor space which serves a recreational function or provides visual relief from the building mass, the minimum dimension of which shall be 6 feet excluding required front yards.
Passive Recreation. Recreational activities which can be done in natural open space areas without extensive development of the area, i.e., hiking, walking, day picnicking. Planning Area. A designated sub-area of the Specific Plan with specified permitted uses and regulations covering the development of those uses. Project. Any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this Specific Plan. Property Line, Front. The shortest boundary line of a lot which is coterminous with a street line. Boundary lines of a double frontage lot which are coterminous with street lines shall be front lines and shall both meet minimum front yard set back requirements. When the boundary lines of a corner lot, which are coterminous with
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street lines, are of equal or substantially equal lengths, the front line shall be determined by the Planning Director. In determining the front line, the City of Shafter Planning Director shall take into consideration the character of the improvements in the neighborhood of the lot, the relative impact to abutting property owners from the establishment of either of such boundaries as a front line, the character of the building proposed to be constructed and the distance that the buildings are set back from the lines of the two streets on which the lot in question abuts.
Property Line, Interior. A lot line not abutting a street. Property Line, Rear. A lot line that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.
Property Line, Side. Any lot line that is not a front lot line or a rear lot line. Property Line, Streetside. A side lot line abutting a street. Recreational Area. Any private or public land use which relates to the pursuit of active or passive movement to refresh body or mind, such as tennis, golf, baseball, soccer, swimming, walking, jogging, etc.
Residential. Any land designated for the establishment of structures in which to live. Setback. The minimum distance required by zoning to be maintained between two structures or between a structure and a property line.
Specific Plan. A plan as defined in California Government Code 65450. Structure. Anything constructed or erected that requires a location on the ground, including a building, but not including a fence or a wall used as a fence if the height does not exceed 6 feet, or access drives, or walks, or swimming pools. Yard or Court. An open space on the same site as a structure, unoccupied, and unobstructed by structures from the ground upward or from the floor level of the structure requiring the yard or court upward except as otherwise provided in this title, including a front yard, side yard, rear yard, or court between structures. Yard, Front. A yard extending the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site. The front yard of a corner lot is the yard adjacent to the shorter street frontage.
Yard, Rear. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site, except that on a corner lot the rear yard shall extend only to the side yard abutting a street.
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Yard, Side. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front of the line of the required rear yard, or the rear property line if the site where no rear yard is required, the width of which is the horizontal distance between the side property line and line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line.
GENERAL NOTES
1. The Marcona Preserve Specific Plan Development Regulations shall be applied only to the Marcona Preserve Specific Plan area.
2. Any reference to Development Regulations shall mean the Marcona Preserve Specific Plan Development Regulations.
3. Whenever a use has not specifically been listed as being a permitted use in a particular zone classification within the Specific Plan, the City of Shafter Planning Director may determine said use is similar in nature to allowable uses and consistent with the goals and objectives of the Specific Plan and therefore an allowable use.
4. The maximum number of residential dwelling units permitted by the Marcona Preserve Specific Plan shall be 880.
5. Development standards contained in Chapters 10 through 14 of the Zoning Ordinance (Title 17 of the City of Shafter Municipal Code) shall be applicable to performance standards, parking, signage, swimming pools and other specific uses, accessory structures and other general development in the Specific Plan area.
Where a discrepancy occurs, the standards and regulations contained in this section of the Specific Plan document shall supersede Chapters 10 through 14 of the Zoning Ordinance.
6. Specific development standards contained in Chapter 4 of the Zoning Ordinance (Title 17 of the City of Shafter Municipal Code) shall be applicable to the Specific Plan area except as noted herein. Specific development standards include parking requirements, landscaping, open space, private open space, pedestrian circulation, security fencing, laundry facilities, lighting, trash collection areas, and security devices. Where a discrepancy occurs, the standards and regulations contained in this section of the Specific Plan document shall supersede Chapter 4 of the Zoning Ordinance.
7. Minor boundary, density, and acreage variations (up to 15%) in the Planning Areas may be permitted, subject to approval of the City of Shafter Planning Director, without an Amendment to the Specific Plan. Requests for variance and modification may be approved by the City of Shafter Planning Director during the tentative tract map process.
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8. The setback requirements are as specified within the development standards for each planning unit. If not otherwise specified, all setbacks shall be determined as the perpendicular distance from the existing or planned street right-of-way, or property line, to the foundation point of the closest structure, except covered patios, whichever is most restrictive.
9. Setbacks for all permitted accessory structures shall be the same as those required by the Shafter Zoning Ordinance.
10. The Marcona Preserve Specific Plan identifies only those uses and development regulations unique to the project. These Development Regulations modify or supersede those found in the Shafter Zoning Ordinance and General Plan.
11. If any provisions (or portions of any provision) of these Specific Plan Development Regulations or their application to any person or circumstance is held to be invalid, the remainder of the Specific Plan Development Regulations and the application of that provision to other persons or circumstances shall not be affected.
12. All construction within the Marcona Preserve Specific Plan shall comply with the provisions outlined herein, and relevant City of Shafter provisions. Building and other construction permits shall be issued only after the City of Shafter Planning Director or designee has determined that said permit applications are consistent with the applicable provisions of the Specific Plan and Development Regulations outlined herein.
13. The hierarchy of applicability shall be first to the Marcona Preserve Specific Plan and these Specific Plan Development Regulations, and then to the applicable provisions of the City of Shafter Zoning Ordinance, and other City codes and ordinances.
14. The site plan approval process for all developments requiring site plan review shall be in accordance with the City of Shafter Development Code.
15. Any persons, firm, or corporation, whether a principal, agent, employee or otherwise, violating any provisions of these regulations shall be made to comply with the City of Shafter ordinances pertaining to zoning violations.
B. DEVELOPMENT STANDARDS AND REGULATIONS
The following Section sets forth development standards for all land uses within the Marcona Preserve Specific Plan community. This Section has been prepared in accordance with California Government Code Section 65450 and all applicable development and design standards of the City of Shafter Zoning Ordinance, with some modification to accommodate the Marcona Preserve Specific Plan land use plan.
All setbacks established in this Chapter, unless otherwise noted below, shall be measured from the property line.
18' Marcona Preserve
A PLANNED COMMUNITY Marcona Preserve Specific Plan
Development Standards - Residential Planning Areas
15'
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RESIDENTIAL PLANNING AREAS
Permitted and conditionally permitted uses in the Residential Planning Areas (PA-1, PA-2, PA-3, PA-4, and PA-5) shall be all those allowed under the City of Shafter Zoning Ordinance R-1 Zone. There is no maximum lot coverage being proposed. The Marcona Preserve Specific Plan Residential Planning Areas will comply with the Use Regulations for Residential Districts included in Section 4.3 of Title 17 of the City of Shafter Municipal Code. The following standards are applicable to the Residential Planning Areas (Exhibit 4- 1 Development Standards – Residential Planning Area):
TABLE 4-1 RESIDENTIAL PLANNING AREA STANDARDS
All Residential
Planning Areas
Maximum Density (dwelling units per gross acre) for entire Specific Plan Area1
4.25 Minimum Lot Area (net area in square feet)
a. interior lot
b. corner lot
5,500
5,500
Minimum lot width 2
a. interior lot
b. corner lot
50’
55’
Minimum lot depth3 100’
Minimum front yard setback
a. Lot adjacent to a straight street to habitable space b. Cul-de-sac lot or knuckle lot to habitable space
c. Lot adjacent to a straight street to garage
d. Cul-de-sac lot or knuckle lot to garage
15’
15’
18’
18’
Minimum interior side yard setback4
a. Single- and multi-story structures 5’
Minimum street side yard setback
a. corner lot
b. reverse corner lot
10’
10’
Minimum rear yard setback 5’
Maximum height for buildings and structures 35’
Minimum distance between buildings5 10’
Minimum dwelling unit size (square feet) 1,400
1 Per the City of Shafter General Plan update, Section 2.8, Policy 4, the maximum allowable residential density for the entire Specific Plan area is 4.25 dwelling units per gross acre, excluding acreage within the rights-of-way of Seventh Standard Road and existing canals. Residential development products with higher densities than 4.25 d.u./acre may be permitted, provided that sufficient usable open space or non-residential uses are provided so as not to exceed the maximum overall allowable density of the project. 2
Minimum lot width along the arc of the front property line shall be 35 feet for cul-de-sac lots and 40 feet for knuckle lots.
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3 100’ average lot depth does not apply to lots in the southeast corner specifically Lots 117 & 118 of RTM 7244.
4 All lot types except street side yards. 5 A one-hour fire wall, approved by the Building Official, reduces the minimum distance between buildings to 5 feet.
RESIDENTIAL PLANNING AREA PA-1
A Drill Island is permitted in the Residential Planning Area PA-1.
RESIDENTIAL PLANNING AREA PA-2
Common recreation areas are permitted in the Residential Planning Area PA-2.
Residential Planning Area PA-2 will accommodate a 1.01-acre public recreational/open space facility. This park will be centrally located within the Specific Plan area and will be surrounded by residential land uses. This area is planned primarily for passive recreational uses, but may also include amenities such as:
• Picnic/Barbecue Facilities
• Playground Furniture
• Shade Tree Plantings and Turf Areas
PA-2 standard building setbacks do not apply to the park area. Parking for each use shall comply with Chapter 13 of the City of Shafter Municipal Code, Title 17 (Zoning Ordinance).
RESIDENTIAL PLANNING AREA PA-3
Common recreation areas and public school uses are permitted in the Residential Planning Area PA-3. Residential Planning Area PA-3 will accommodate a 16.88-acre educational facility. Final educational facility location, construction, and design will be determined in conjunction with the School District. PA-3 standard building setbacks do not apply to the school area.
Residential Planning Area PA-3 will also accommodate a 1.75-acre public recreational/open space facility. The park will be surrounded by residential land uses. The area is planned primarily for passive recreational uses, but may also include amenities such as:
• Recreational Facility
• Picnic/Barbecue Facilities
• Playground Furniture
• Shade Tree Plantings and Turf Areas
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PA-3 standard setbacks do not apply to the park area. Parking for each use shall comply with Chapter 13 of the City of Shafter Municipal Code, Title 17 (Zoning Ordinance). Deviations from these standards may be approved by the Planning Commission at the time of site plan review.
RESIDENTIAL PLANNING AREA PA-4
A neighborhood consisting of no more than 92 single-family residential lots is permitted in Residential Planning Area PA-4. Minimum lot widths of 50 feet will be allowed within Residential Planning Area PA-4.
RESIDENTIAL PLANNING AREA PA-5
Common recreation areas are permitted in the Residential Planning Area PA-5.
Residential Planning Area PA-5 will consist of access to the Natural Trail and future pedestrian bridge by means of a 10-foot wide pedestrian access through the eastern wall. PA-5 will also accommodate 3.8-acre and 4.3-acre public recreational/open space facilities. These parks will be surrounded by residential land uses. These areas are planned primarily for passive recreational uses, but may also include amenities such as:
• Picnic/Barbecue Facilities
• Playground Furniture
• Shade Tree Plantings and Turf Areas
PA-5 standard setbacks do not apply to the park areas. Parking for each use shall comply with Chapter 13 of the City of Shafter Municipal Code, Title 17 (Zoning Ordinance). Deviations from these standards may be approved by the Planning Director at the time of site plan review.
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CHAPTER 5
DESIGN GUIDELINES
A. PURPOSE AND INTENT
The Marcona Preserve Specific Plan Design Guidelines provide general criteria for architecture, landscaping, entry signs, lighting, and wall design in order to ensure highquality development, unique community character, and land use compatibility within the Specific Plan area. They are also presented to give guidance to City staff, the Planning Commission and the City Council in their review of development projects within the Marcona Preserve Specific Plan area.
These guidelines are intended to provide criteria for design, while allowing flexibility for architects, landscape architects, developers, builders, and others involved in the design of community elements. The Design Guidelines are intended to work in concert with the Development Standards contained in Section 4.0 of this document.
B. ARCHITECTURAL DESIGN GUIDELINES
The goal of the architectural design guidelines is to allow for a diversification of architecture styles while ensuring visual compatibility. These guidelines are not intended to limit designs, but to provide a flexible framework to accomplish a cohesive design concept and to promote high quality construction.
Architecture, or building design, contributes significantly to create a visual and spatial expression of special design considerations and solutions. All architecture is intended to appear to be an integrated part of an overall site design concept.
Architectural styles should reflect a variety of compatible elements to avoid monotonous neighborhoods. This can be accomplished efficiently through the use of compatible materials, color combinations, setback variations, and articulated wall surfaces and rooflines.
ARCHITECTURAL THEME
The architectural theme for the Marcona Preserve Specific Plan area is based on the history and tradition associated with the City of Shafter and general Specific Plan region. The Marcona Preserve Specific Plan architecture shall reflect the traditional agricultural and ranching practices in the area and the values of the regional community. The historic and cultural inspiration translates into a modern interpretation of a rustic, ranch-style
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architecture. Conceptual renderings that illustrate the design of residential structures are included in Appendix C.
The unifying architectural theme will not only promote the physical integration of structures within the overall community, but will also contribute to create a “sense of place” among community residents, which also ties into the historic Shafter core area.
Neo-traditional design elements will be incorporated to encourage social interaction among residents, resulting in a welcoming community to the new homeowners.
ARCHITECTURAL STYLES
The Marcona Preserve Specific Plan recommends that architectural styles that have historical precedence in Central California be used as design inspiration. Contemporary interpretation and variation of styles such as “Spanish Colonial”, “Colonial”, “Craftsman”, “Bungalow”, “Monterey”, and “Cottage” shall be encouraged. Additional architectural styles that are consistent with the community theme may be incorporated into the Marcona Preserve Specific Plan.
The Specific Plan architectural themes shall address today’s market conditions, economics, and building industry standards.
COLORS AND BUILDING MATERIALS
The colors and building materials used in the Specific Plan structures shall be complementary, and when considered together, shall reflect a distinct community character, keeping with the overall Marcona Preserve Specific Plan theme, and exterior building materials shall be consistent with said theme. A variety of natural materials and earth tone-based colors will provide the diversity required for visual interest while unifying the building with their settings and creating a timeless appeal.
The primary purpose of the color palette is to avoid monotony, provide a variety of color schemes, and promote visual diversity. Recommended major colors are subdued earth tone colors such as browns, tans, and grays with additional accent colors.
Coordinated use of external building materials can contribute greatly to create a unifying architectural theme. Building materials add texture and color variety to architectural design and complement the use of a color palette. Recommended building materials are:
Masonry (including brickwork and stonework)
Stucco
Concrete (including salt finished and concrete with decorative impressions) Cast iron
Wrought iron
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The use of river rock, river cobble, and decomposed granite for stonework.
Ranch-style architecture and rustic design traditionally calls for the use of wood.
However, to increase durability, the use of metal or plastic molded and colored to imitate wood is recommended.
Color and building material recommendations are as follows:
Incorporate a minimum of three colors within each elevation, such as one body, one trim, and one accent color.
Select individual color schemes that are appropriate to each of the architectural styles, with a harmonious selection of accent materials and roof profile and colors. Avoid the use of the same exterior color scheme on two adjacent homes with the same floor plan. A scheme of color on exterior elements should be distinct on adjacent homes, with deeper tones encouraged to promote variation. If balconies are provided, match or complement those materials on the main portion of the building.
BUILDING MASS, FORM, AND SCALE
Creating an aesthetically pleasing street scene with visual variety is one of the Marcona Preserve Specific Plan design guidelines’ objective. The following recommendations are intended to develop variation in appearance and a sense of individuality for each home:
1. Single-story components such as porches, reduced heights of living spaces, and/or garage areas may be used to create a sense of variety within the street scene and to break up building massing.
2. Homes with entries, windows, front porches, and living areas closer to the street and with recessed garages are encouraged.
3. The fenestration for each structure should vary according to the architectural style chosen.
4. Garage doors shall be integrated into the design of the architecture and complement the building elevation. Accent colors may be considered to complement the architecture and to provide visual variety along streetscapes.
RESIDENTIAL
Residential architecture shall be oriented to the street so that interactive elements reinforce the human scale and are inviting to the street scene. Interactive elements include porches, porticos, trellises, arbors, and courtyards. The quality design and orientation of interactive elements contribute to pedestrian safety, a sense of place, activity, and neighborhood socialization.
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The roofs’ pitch and form are major visible community features. A varied range of roof forms and roof pitches can add an appealing visual impact to the community and to the streetscape. Roof overhangs are allowed and shall be designed as an integral part of the roof form. The roofing material shall be constructed of non-reflective, non-combustible materials and exhibit muted earth tones. Concrete tile, tile, or architectural style composition shingle with dimensional color variation is allowed per City Zoning Ordinance. Wood, metal, and standard “flat” composition roofing materials will not be permitted.
All walls and fences used within the residential area shall be of material compatible with the architectural design of the structure. Walls shall not exceed six feet in height except for retaining walls. If the fence or wall connects two separate units they shall be of the same color and material, and be compatible with the color and material of the architecture.
Rectangular plans and variations of the rectangle can assure compatibility and variation.
Variety and interest can be created by varying dimensions and positions of structures.
All parking structures, either free-standing or attached garages, shall incorporate the same design element as the dwelling unit. In order to de-emphasize the role of the garage in front elevations, “neo-traditional” treatments such as staggered setbacks, recessed garages, detached garages, among others, are encouraged. Garages shall be constructed of materials compatible with the architectural style of the primary structure.
Recessed door, window and wall openings are characteristic elements of the intended architectural theme and convey the appearance of thick protective exterior walls. Fully recessed openings are encouraged, although plaster projections and projecting windows may be used to add articulation to wall surfaces. Buildings may have a shadow relief.
Offsets, pop-outs, overhangs and recesses, all may be used to produce effective shadow interest areas.
SCHOOL BUILDINGS
Architectural styles for the school component of the project shall complement the community theme. The placement and design of structures should facilitate and encourage pedestrian activity and convey a physical and visual link to the adjacent residential developments, streets, and sidewalks, including the multi-use walkway along Jewetta Avenue North. Long linear vistas and building edges should be avoided by varying and articulating building facades, heights and rooflines.
Roof projections over windows are encouraged. Roofs may be constructed of clay tile, slate, concrete or asphaltic compound shingles. No mechanical equipment of any kind is permitted on roofs. All vents and other projections shall be colored to blend with the roof.
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Flat roofs with parapet walls to screen rooftop equipment are appropriate, although building with angular forms and changes in roof planes are encouraged.
Perimeter walls shall not exceed a height of 8 feet above finished grade except for retaining walls. Refer to Section E of this Chapter for more detail on neighborhood walls. Walls shall match primary buildings with respect to color, texture and overall design.
Decorative paving may be incorporated into parking lot design, driveway entries, pedestrian walkways, and crosswalks. Parking lots and driveway lighting shall provide uniform illumination with accent illumination at key points, such as entrances, exits, and loading zones. Parking lots shall be landscaped with a minimum of one shade tree per 10 stalls.
The architectural design standards and requirements of the school buildings within Planning Area PA-3 shall be consistent with the applicable sections of the City of Shafter Zoning and Development Code at the time of development.
C. LANDSCAPE DESIGN GUIDELINES
The Marcona Preserve Specific Plan Design Guidelines determines a landscape theme for the project and sets forth general criteria for landscaping of the residential community, school site, and recreational areas.
Landscape elements contribute significantly to the development of the community identity, as well as to the overall aesthetic character of a project area. Community character is reinforced through the coordinated design and choice of landscape materials. To achieve uniformity, guidelines are presented for the following categories:
• Entries and Signs
• Streetscapes
• Project Edges
• Multi-Use Walkway
• Public Park
• Landscape Buffering or Screening
• Natural Trail
Water conservation shall be taken into account during development of the plant palette.
The plant palette shall be composed of species that require low to medium water use and are compatible with year-round weather of the proposed project area.
Selected plant material and design will be similar to the palette used at Gossamer Grove along Seventh Standard and the Natural Trail.
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The landscape design for the Marcona Preserve Specific Plan shall include one or more “theme” trees for the community, which will be planted at the main entrances to the project, as well as accompany signs, and permeate the project area. This repetition of one or more types of trees will reinforce the community identity.
Once a particular plant or plant combination is used for a particular application, it is recommended that its use be repeated in similar areas of the community to reinforce a sense of neighborhood cohesion. For example, flowering tree species may be used at major intersections and along traffic calming devices.
The landscape design for the Marcona Preserve community shall be detailed at the time of site development plan.
ENTRIES AND SIGNS
The Marcona Preserve Landscape Plan with Signs is shown in Exhibit 3.7. Landscape and streetscape elements will be used to create visual continuity throughout the Marcona Preserve Specific Plan area.
The design of the primary entry (intersection of Seventh Standard Road and Jewetta Avenue North) into the project shall symbolically form a gateway and clearly identify the transition to the Marcona Preserve community. Special landscape treatments with specialty paving, lush plantings, signage, and primary entry signs shall be used to emphasize and contrast the entryway with the rest of the environment. Clear views for traffic safety and project signage must be maintained. Primary entry signs and school/park signs will follow standards shown in this Specific Plan (Exhibits 5.1, 5.2, 5.3, and 5.4).
Exhibits 5-1: Primary Entry Sign - Plan, 5.2: Primary Entry Sign - Elevation, and 5.3:
Conceptual Primary Entry Sign illustrate the sign that will occupy the northern corners of the intersection of Seventh Standard Road and Jewetta Avenue North. The sign will be located over an 18-inch high decorative wall. Groundcover such as grass or flowers may be planted on the high wall base. Whenever possible, the theme tree for the Specific Plan area shall be planted behind the structure, in order to visually frame the sign and reinforce the community identity.
Tract signs will be designed to identify entrances into the public parks and school. This type of sign will be accompanied with the theme tree or accent plant species, such as flowering trees, with specialty paving and plantings, and shall be consistent with the style of the major entrances. Recommended design for these signs is shown in Exhibit 5.4:
School/Park Sign.
A 20-foot minimum building- and parking-free area shall be maintained at the entry intersection to provide adequate visual access to entry signs.
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STREETSCAPE
Landscaping of perimeter and internal streets will provide continuity throughout the community and create an appropriate link with adjacent areas. Street trees within the Marcona Preserve Specific Plan area will reflect the community’s design theme, as well as provide shade, colorful ground plane treatment, and enhanced views. The use of a unifying plant palette in similar patterns will reinforce the community identity. In addition, a unifying paving theme may be utilized throughout the project site to complement the use of landscaping and signage.
Landscaping along roadways will contribute to identify Jewetta Avenue North as the primary circulation feature within the Specific Plan area. Street trees along Seventh Standard Road will be consistent with the landscape treatment implemented along Mission Lakes and Gossamer Grove Specific Plan frontages. The remaining roadways will receive landscape treatment that will establish continuity within the Specific Plan area.
The different streetscapes for the Marcona Preserve Specific Plan as described below.
Jewetta Avenue North – Jewetta Avenue North will be an arterial street (refer to Exhibit 3-3 – Circulation Plan and 3-4 – Typical Street Cross-Sections) and will have a median that may receive medium canopy evergreen multi-trunk tree species, such as olive trees (Exhibit 5.5 – Streetscape: Jewetta Avenue North Cross Section and Exhibit 5.6: Streetscape – Jewetta Avenue North Plan).
A 6-foot wide multi-use walkway, with planting areas along both sides, will follow the eastern side of Jewetta Avenue North within the Specific Plan area (Exhibit 5.7 – Multi-Purpose Trail - Elevation and Exhibit 5.8 – Multi-Purpose WalkwayPerspective). A sidewalk and landscaping will follow the entire western side of Jewetta Avenue North. Medium canopy evergreen trees and groupings of large shrub hedges may be implemented along this side of the street to counterbalance the landscape treatment along the eastern site of the roadway. Landscaping will separate the pedestrian walkway from the roadway (Exhibit 5.6: Streetscape – Jewetta Avenue North Plan).
Seventh Standard Road – Exhibit 5.9 – Streetscape – Natural Trail at Seventh Standard Road – Frontage illustrates the conceptual pedestrian facility and landscaping along the Marcona Preserve Specific Plan frontage. A 10-foot wide concrete sidewalk will be implemented along the north side of Seventh Standard Road, with planting areas along both sides of the sidewalk. Medium canopy trees may be planted along the planting area adjacent to Seventh Standard Road within drought tolerant ground covers and low flowering shrubs (less than 3 feet). The landscaping treatment shall create a relatively natural feel to the project frontage, with varying elements and pleasant aesthetics.
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Sidewalks will connect the parks to Jewetta Avenue North. These sidewalks will contribute to a pedestrian-friendly environment within the Specific Plan area.
MULTI-USE WALKWAY AND PUBLIC PARKS
The multi-use walkway along the east side of Jewetta Avenue North will be landscaped to provide shade for walkway users and to create an aesthetically pleasant and pedestrian friendly recreation area along the Specific Plan’s main avenue. The multi-use walkway will have a sequence of the Specific Plan “theme tree”, which will contribute to reinforce the community identity (Exhibits 5.6, 5.7, and 5.8).
The multi-purpose walkway will be cleared to 6 feet. A landscape buffer will separate the trail from the wall and may include large shrub hedges (less than 5 feet high) and small deciduous tree groupings. These tree groupings will be alternated with medium canopy evergreen trees spaced approximately 40 feet. The tree distribution will follow a harmonic cadence, without the rigidity of formal landscaping. Decorative grass will line the area close to the curb and boulders may be scattered in this area for added interest. The meandering sidewalk trail and landscape planting scheme will lend an organic feel to the path.
The multi-use walkway landscape treatment will be drought-tolerant and follow water-wise landscape design principles. Water-wise landscape design and management focus on working with nature and natural forces (such as rainfall) to create an aesthetically pleasing, livable landscape, while using less water from the local supply.
The multi-use walkway will connect to a natural trail along Seventh Standard Road, which will offer continuity to the natural trails planned as part of the Gossamer Grove and Mission Lakes Specific Plan.
The public parks will be centrally located in the Specific Plan development and will be connected to Jewetta Avenue North and the meandering sidewalk by separated sidewalks.
Open turf areas should be provided to allow for passive recreation activities.
LANDSCAPE BUFFERING OR SCREENING
Areas that may need to be screened from view from the streets and adjacent parcels of dissimilar use include all parking areas, loading areas, and refuse collection. Screening shall consist of walls or earth berming and landscaping.
Large areas of asphalt or concrete parking lots are unattractive and deflect heat into nearby buildings. The use of groundcovers and shade trees will reduce the amount of paving, softening the appearance of the parking area while reducing the solar heat gain.
All graded areas shall be revegetated, prior to seasonal rains, for erosion control.
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PROJECT EDGES
The perimeter edge of the project along Seventh Standard Road will be landscaped with the same landscape plant palette used internally in the project area. The intersection of Seventh Standard Road and Jewetta Avenue North is the major entrance to the Specific Plan area and shall have high quality landscaping to convey the community theme to drivers approaching the Specific Plan area. Walls will shield residential properties from the Designated Express Way (refer to Exhibit 3.8 – Wall Plan and Section E of this Chapter).
D. NEIGHBORHOOD WALLS
All walls and fences used within the residential communities shall be of a material compatible with the architectural design of the structures. Exhibit 3.8 identifies the location of walls to shield residential uses from major roadways and different land uses.
Exhibit 5.10 Wall & Pilaster Elevation (Theme Wall) shows the recommended design for the block walls with pilasters identified in Exhibit 3.8. These shall be block walls with a thematic design consistent with the Specific Plan architecture. Wall systems along major streets shall respect the designated setback requirement and have a stepped, varied, or nonlinear appearance.
All walls shall be a visual extension of the architecture of the main residential or school structure. The texture and color of walls shall conform to the same standards as the main structure. Exterior building colors will follow a varied color palette consistent with the overall community character. Walls shall not exceed six feet in height except when constructed along the Seventh Standard Road frontage, separating residential uses from the Drill Island, constructed as perimeter walls, or approved by the Director of Planning or designee.
The following materials are allowed for walls and fences:
• Wrought iron
• Concrete masonry: integral color (consistent with building color) • Brick
• Concrete: textured, brushed, hammered, rock salt, sandblasted, integral color (consistent with building color)
• Stucco: integral or painted color (consistent with building color) All swimming pools shall be enclosed by a fence, wall or other structure in conformance with the provisions of the Uniform Building Code.
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E. LIGHTING DESIGN GUIDELINES
Lighting is an architectural component; it contributes to the creation and dramatization of nighttime visual appeal of structures. It is also necessary for safety, security and identification. Lighting location and design must complement community design elements such as landscaping and signage, as well as enhance safety.
The Marcona Preserve Specific Plan shall have a unique street lighting system, to be implemented along Jewetta Avenue North and local streets. The project will install street lighting in accordance with the City of Shafter Development Code standards and will dedicate them to the City of Shafter. Street lights within public right-of-way will be maintained and operated by the City.
Specific lighting design and standards will embody the following design concepts:
− Street lighting within the Specific Plan area will be thematic and consistent with the overall Marcona Preserve theme. The lighting for the roadway shall reflect simplicity of the rustic theme with the flare of the modern industrial. Their style reflects traces of the Spanish influenced Mission style. − Street lighting is to be in scale with adjoining uses, emphasizing human scale as well as public safety.
− Street lighting is to be consistent throughout the project area on all arterial and collector roadways. The maximum height for streetlights will be 30 feet. − Street lighting within individual neighborhoods will be consistent throughout the project area.
− All project lighting is to minimize the projects’ contribution to ambient light production and will take into account the effect upon surrounding and adjacent land uses.
− Site development lighting shall be designed to minimize direct light rays from going offsite. Lighting shall be directed downward onto the pavement/property and not onto neighboring areas. Screening will be used as necessary to reduce spill over onto residential property and road right-of-way.
− Landscape lighting shall be used to highlight features such as specimen trees, signage, and pedestrian paths. Such lighting will be privately maintained and operated, unless the lighting is located within public right-of-way in which case it will be maintained and operated by the City of Shafter with City approval. − Pathway lighting is to be architecturally compatible with other lighting used throughout the site.
− Use of light emitting diode (LED) lights is required.
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CHAPTER 6
SPECIFIC PLAN ADMINISTRATION
A. ADMINISTRATION
OVERVIEW
The Marcona Preserve Specific Plan provides a framework for residential and commercial development within the project area. Implementation of the project will require the approval of numerous additional discretionary entitlements over the life of project buildout.
This section sets forth the procedures needed to implement the approved Specific Plan and the procedures to amend the Specific Plan, if necessary.
The methods and procedures for implementation and administration of this Specific Plan document are contained in this Chapter.
ENVIRONMENTAL REVIEW AND IMPLEMENTATION
Section 65457 of the California Government Code provides that once an Environmental Impact Report (EIR) is certified and a specific plan adopted, any residential development project, including any subdivision or zone change that is undertaken to implement it and that is consistent with the specific plan, is exempt from further California Environmental Quality Act (CEQA) review. This exemption does not apply if, after the adoption of the specific plan, any of the events which would trigger preparation of a subsequent or supplemental EIR occur, including substantial changes in the project or circumstances under which the project is being undertaken requiring major revisions in the project, or new information that becomes available which was not known at the time the EIR was certified. However, if a supplemental EIR is prepared covering the changes, new circumstances, or new information, and is certified, the exemption will apply to the projects that then follow the specific plan.
APPROVAL AUTHORITY
The Planning Director’s responsibilities include the administration, interpretation, and enforcement of the Marcona Preserve Specific Plan requirements and development standards, including the acceptance and processing of all land use permit applications.
The Planning Director or his/her designee may approve development permits that meet the requirements of this Specific Plan and may approve, conditionally approve, or deny minor requests for waiver of Specific Plan standards. The Planning Director may impose
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conditions of approval or make interpretations of the Specific Plan (City of Shafter Development Code, Section 1.70, Clarification of Ambiguities), which may be appealed to the Planning Commission. The Planning Director may refer matters involving development issues to the Project Assistance Committee, or the Planning Commission, and may consult with the City Attorney on questions of interpretation.
The following policies guide the administration of this plan:
1. The title of this plan shall be Marcona Preserve Specific Plan and shall be designated on the City’s Zoning Map for this property as SP.
2. The Marcona Preserve Specific Plan shall be adopted in accordance with Title 17, Chapter 15 of the City of Shafter Development Code.
3. Permitted, conditionally permitted, and prohibited land uses shall be as indicated in Chapter 4 of this document. The development standards and design regulations, as specified in Chapters 4 and 5 of this Specific Plan are adopted by ordinance as zoning regulations for the property located within the Specific Plan boundaries.
4. Administrative procedures are provided in this Chapter. The City of Shafter Development Code shall be referred to for any topics that are not presented here, specially the Development Agreement (Section 17.2.70), Non-Conforming (Section
17.2.120), and Specific Plan (Chapter 15) sections of the Shafter Development Code.
5. Administrative interpretation of proposed plans may be made for the following:
a. Adequacy of application submissions and documentation; b. Residential unit counts and mix within the designated density ranges; c. Compliance with design requirements;
d. Variations in landscape concept for location of landscape features, but not the total amount of landscaping;
e. Variations in setback that do not exceed 10% of the prescribed dimension; f. Land use designation boundary modifications not to exceed a 10% change in area.
6. The Planning Director has the authority to make interpretations and approve modifications to this Specific Plan, including the determination that a proposed project exceeds the flexibility rules and intent of the Specific Plan. In the latter case, an amendment to the Specific Plan would be necessary. The Director’s determination shall be rendered within 15 working days of a request for interpretation. This determination may be appealed to the Planning Commission and, subsequently, the City Council. However, under no circumstance shall a modification under this provision be allowed that cannot substantiate the required Specific Plan findings.
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B. REQUIRED FINDINGS
An application for a Development Plan Review (for a permitted use) or Conditional Use Permit (for a conditionally permitted use) may be approved or conditionally approved if, on the basis of application, plans, materials, and/or testimony submitted, the following findings can be made:
1. The project is consistent with the Marcona Preserve Specific Plan and the Shafter General Plan;
2. The project can provide the appropriate infrastructure and resources for water, sewer and electrical service; and
3. The project has demonstrated compliance with the Mitigation Measures identified within the General Plan Update Environmental Impact Report.
C. IMPLEMENTATION
The Marcona Preserve Specific Plan will be implemented through the processing of tract maps, parcel maps, and site plans. The implementation process provides the mechanism for reviewing development plans and ensuring consistency with the Specific Plan objectives. The processes for the amendment of this Specific Plan and for findings of Substantial Conformance to this Specific Plan are also provided in this Chapter. All development within the Marcona Preserve Specific Plan is subject to the implementation procedures described herein.
DEVELOPMENT PLAN REVIEW
PURPOSE
The purpose of this section is to provide a process for the implementation and review of all site plans that will be required to implement the development and construction of this Specific Plan.
An application for design review is required prior to the issuance of any residential building permit within the Specific Plan area.
TIME LIMITATIONS
Each design approval granted through the Development Plan Review process shall become null and void two years after the date of approval, unless:
1. Building permits have been obtained and successful completion of the first building and safety division inspection has commenced within this period.
2. Any valid design review in effect at the date of adoption or amendment of this Specific Plan shall remain valid for a period of two years from the date of that design review approval or design review amendment. No further extension of time shall be granted for such design review upon expiration of that two-year period.
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PRE-APPLICATION CONFERENCE
Prior to the filing of an application for Development Plan Review, the applicant or the applicant’s representative may request a pre-application conference with the Planning Director and other designated staff from other departments and divisions to review the procedures and criteria for the design review process.
APPLICATION
An application for Development Plan Review shall be filed with the Planning Department in compliance with Chapter 2 of the City of Shafter Development Code. Submittals will include, but are not limited to, site plans and elevations. Further, any improvements that are depicted on any colored rendering, elevation, or drawing which is presented to the Planning Director, or Project Assistance Team for review and approval in conjunction with a development application, shall be installed pursuant to their appearance in that colored rendering, elevation, or drawing.
DESIGN REVIEW
No building permit for residential development shall be issued until the proposed development has received, as part of the building permit review process, design review approval pursuant to the provisions of Section 2.80 of the City of Shafter Development Code.
SPECIFIC PLAN AMENDMENTS
Approval of this Specific Plan indicates acceptance by the City Council of a general framework for development of the Specific Plan site. Part of that framework establishes specific development standards that constitute the zoning regulations for the Specific Plan area. It is anticipated that certain modifications to the Specific Plan text, exhibits, and/or project may be necessary during the development of the project. Any modifications to the Specific Plan shall occur in accordance with the amendment process described in this section. These amendments, should they occur, are divided into two categories.
The first category, “Substantial Conformance,” as defined below, allows for minor changes to the Specific Plan without a public hearing and may be approved by the Planning Director.
All other proposed changes are considered Formal Amendments and are required to be reviewed for approval by the Planning Commission and the City Council. In all cases amendments must be found to be in substantial conformance with the goals and standards of the Marcona Preserve Specific Plan.
Amendments may be requested at any time pursuant to Section 65453(a) of the Government Code.
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If the Amendment is deemed major by the Planning Director, it will be processed in the same manner as the original Specific Plan. Proposed amendments deemed to be minor modifications by the Planning Director, as defined below, will be processed administratively by the Administrative Review process.
Depending upon the nature of the proposed Specific Plan Amendment, a supplemental environmental analysis may be required, pursuant to the CEQA Guidelines, Section 15162.
Substantial Conformance
Upon determination by the Planning Director, the following minor modifications to the Specific Plan text, graphics, and/or project design will not require a Specific Plan Amendment and are subject to review and approval by the Planning Director or designee. Expansions or reductions of the net acreage covered by a given Planning Area by 10 percent or less.
Decrease in project density.
Transfer of up to 10 percent of dwelling units from one Residential Planning Area to another, as long as the maximum unit count does not exceed 880 units. Realignment or modifications of streets serving the project, lot lines, easement locations, and grading adjustments, if also approved by City Engineer. Modification of design criteria such as paving treatments, sidewalks, fencing, walls, lighting, and entry treatments.
Final facility sizing and precise location of water, sewer, and storm drainage improvements when directed by the City Engineer.
Change in utility and/or infrastructure servicing agency. Collector or public road alignment revisions when the centerline moves by less than 10 feet.
Landscape, wall material, wall alignment, and streetscape design modification that is consistent with the design guidelines contained in this document, as determined by the Planning Director.
Modifications to wall type, including decorative walls. Minor changes to recreation facilities so long as they are consistent with the overall intent of the Specific Plan.
Modifications to Architectural Design Guidelines, such as variations of materials within the particular architectural style and minor variations in colors. Revisions to project graphics that do not substantially change the intent of the Marcona Preserve Specific Plan.
Specific modifications of a similar nature that are deemed minor by the Planning Director, keep the overall objectives of the Marcona Preserve Specific Plan, and are in conformance with the City of Shafter General Plan.
Formal Amendments
All Specific Plan modifications that do not meet the criteria of a Substantial Conformance as defined above shall be deemed to require a Formal Amendment. This Specific Plan was
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prepared pursuant to the California Government Code 65450, et. seq., and amendments to the Specific Plan shall be processed in accordance with applicable requirements of the same Code.
IMPLEMENTATION ACTIONS
The following actions must be taken to facilitate implementation of the Marcona Preserve Specific Plan Amendment:
Condition projects within the Marcona Preserve Specific Plan to comply with the mitigation measures specified in the General Plan Update Environmental Impact Report.
D. PHASING PLAN
Construction of the Marcona Preserve Specific Plan will be phased in a logical sequence, in response to market demands. Ultimate phasing by recordation of phased final tract maps will be finalized at time of sale to merchant builders based on market demands.
Phasing for the Marcona Preserve Specific Plan will allow initial development to take place near Seventh Standard Road and gradually reach the northern portions of the Specific Plan area. Adjustments to the phasing sequence and sizes are permitted provided that utilities and public facilities are available to service the phase in question.
The multi-use walkway shall be implemented in conjunction with construction of Jewetta Avenue North and the Natural Trail and pedestrian bridges shall be implemented in conjunction with the widening of Seventh Standard Road.
APPENDIX A
MARCONA PRESERVE SPECIFIC PLAN
LEGAL DESCRIPTION
APPENDIX A
LOTS 1, 2, 3, 4, AND 5 OF TRACT NO. 7333, IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP FILED DECEMBER 11, 2018 IN BOOK 63 OF MAPS, AT PAGE 9 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 536-020-01, 536-020-03, 536-020-04, 536-020-06, AND 536-020-07
APPENDIX B
CONSISTENCY WITH THE
CITY OF SHAFTER GENERAL PLAN
APPENDIX B
A. CITY OF SHAFTER GENERAL PLAN CONSISTENCY
The Marcona Preserve Specific Plan provides a site specific, detailed description of regulations, standards, and guidelines for implementing the City of Shafter General Plan goals and policies. According to the California Government Code, a specific plan may not be adopted or amended unless the proposed plan or amendment is consistent with the general plan pursuant to §65454. Based on the language contained in the statutes and various legal interpretations by the courts, a general rule for consistency determinations can be stated as follows:
An action, program, or project is consistent with the general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment.
In addition, the California Government Code states that the specific plan shall include a statement of the relationship of the specific plan to the general plan pursuant to § 65451.
This section presents the Goals included in the City of Shafter General Plan and findings of Specific Plan consistency with each Goal.
B. LAND USE
GOAL: To achieve and maintain a pattern of land uses that meets the needs of a diverse and growing population, while reinforcing those characteristics of a rural community that make Shafter a desirable place to live.
Findings: The City of Shafter General Plan update recognizes the opportunity to create an amenity-rich, large-scale planned community in close proximity to existing and future employment opportunities within the ITTC along Seventh Standard Road, south of the expanding industrial area along Lerdo Highway. The General Plan states that “the City’s vision is to provide a wide range of housing, including move-up housing opportunities, focusing new residential development to areas immediately adjacent to the existing community center, as well within a planned community to be created in the southeast portion of the Planning Area” (City of Shafter General Plan, page 2-2). The Marcona Preserve Specific Plan is part of the effort to create this planned community and will include residential products that will address the needs of first time home buyers as well as provide move-up opportunities for local residents. The General Plan also states that “new commercial development is to be provided in close proximity to existing and future residential areas” (City of Shafter General Plan, page 2-2).
The Marcona Preserve community will include commercial and recreational opportunities, as well as a school, to accommodate future residents.
The Marcona Preserve Specific Plan is consistent with the Land Use designation (Specific Plan) included in the City of Shafter General Plan. The Specific Plan defines the amount,
location, and distribution of land uses within the proposed project area and intends to organize the physical environment into a logical, functional, and visually pleasing pattern.
The Marcona Preserve Specific Plan community will offer a residential environment that enhances residents’ quality of life and reinforces those characteristics of a rural, small town that make Shafter a desirable place to live. As the General Plan recommends, the Specific Plan promotes suburban densities. The Marcona Preserve community includes move-up housing opportunities and housing for those desiring amenities not typically found in small town subdivisions (e.g., common open space and recreational areas). Moreover, the Specific Plan establishes design guidelines to create new residential development with identifiable neighborhood units. Street design will route through traffic around, rather than through new neighborhoods. Neighborhood streets will be designed to encourage a quiet, safe environment that is amenable to bicyclist and pedestrian use.
The Marcona Preserve Specific Plan will ensure coordination with area service agencies to define their needs and guarantee an adequate inventory of land for schools, parks and recreational facilities, and other public and quasi-public services. The Specific Plan will also ensure that the location, intensity, and timing of new urban development are coordinated with the provision of infrastructure.
Specific Plan (Seventh Standard Road)
The City of Shafter General Plan’s Land Use Program includes recommendations regarding the Specific Plan area along Seventh Standard Road. The General Plan Objective for that area is “To provide an amenity-rich, master-planned urban enclave with a broad range of housing opportunities, including move-up housing, south and east of Shafter’s existing industrial areas whose visual character is defined principally by suburban density residential and lowrise commercial uses, along with industrial uses which provide a transition between the Specific Plan area’s residential neighborhoods and industrial areas to the north and west” (City of Shafter General Plan, page 2-9). The following are applicable Policies included in the General Plan concerning this Objective. The Marcona Preserve Specific Plan is consistent with each of these Policies.
“1. Prior to approvals of development applications for all or any portion of this area [the area designated Specific Plan], a Specific Plan or planned development is to be prepared and approved.
Such Specific Plan or planned development shall provide detailed guidance for project-related land use, provision and financing of required public services and facilities, protection of agricultural lands, community design, recreational amenities, and community improvements. Development within the Specific Plan area shall be predicated upon the availability of adequate infrastructure and other public services and facilities for each phase of the project.” The Marcona Preserve Specific Plan provides regulation and guidance to development within the proposed project area.
Implementation of the Marcona Preserve Specific Plan ensures that development will occur in a planned, orderly manner, and will be accompanied of all necessary infrastructure. “2. Urban development shall not be permitted on any parcel for which there is a valid land conservation contract in effect. Where urban development is to be located adjacent to an agricultural
use, adequate buffers shall be provided.” The Marcona Preserve Specific Plan site will be bordered by the Mission Lakes and Gossamer Specific Plan developments to the west, north, and east. The site will be bordered by Seventh Standard Road to the south.
Therefore, the Marcona Preserve community will not be adjacent to agricultural uses and no buffers will be required. In addition, development of the Specific Plan area will be subject to cancellation of the existing Land Conservation Contracts for the property. “4. The maximum allowable residential density for development within the Seventh Standard Road Specific Plan area shall be 4.25 dwelling units per gross acre within each Specific Plan, excluding acreage within the rights-of-way for Seventh Standard Road and the existing canals. Residential development products with higher densities than 4.25 dwelling units per acre may be permitted, provided that sufficient usable open space or non-residential uses (e.g., commercial and office development) are provided so as not to exceed the maximum overall allowable density of the project.” The maximum number of dwelling units within the Marcona Preserve Specific Plan shall not exceed 800, which shows that the Specific Plan will not exceed the maximum density of 4.25 dwelling units per gross acre for the Specific Plan area. “6. Residential neighborhoods within the Specific Plan area should be designed to provide high quality housing that is attractive to a broad spectrum of buyers, including housing that provides “move-up” opportunities for local residents. Multifamily, for rent housing should be limited to key, central locations, adjacent to commercial uses.” The Marcona Preserve Specific Plan will include residential products that will address the needs of first time home buyers as well as provide move-up opportunities for local residents.
“7. Residential development should incorporate residential “village” themes, providing identifiable neighborhood areas within the area. The identity of individual neighborhoods should be reinforced with differing architectural styles and locations.” The portion of the residential development east of Jewetta Avenue will generally include smaller single-family residential lots. The portion of the Specific Plan west of Jewetta Avenue will generally include larger singlefamily lots. There are four product types with multiple elevations that will be used throughout the community. The Specific Plan establishes design guidelines to create a community that encourages pedestrian and bicycle traffic and fosters social interaction.
The implementation of different residential products will result in different architectural design for this neighborhood.
“8. Residential communities within the Seventh Standard Road Specific Plan area shall provide a strong package of project amenities, which may include, but is not limited to the following:
• Trails and paseos;
• Fountains and water features;
• Amphitheaters and public gathering places;
• Public facilities/parks”
The Marcona Preserve Specific Plan will include a multi-use trail along Jewetta Avenue, and paseos connecting Jewetta Avenue and the parks and school site. In addition, a natural trail along Seventh Standard Road will connect to the natural trail that will be
constructed as part of the Mission Lakes and Gossamer Specific Plans. The public parks will be designed as gathering areas, where small community events may take place. “14. d. Development of an appropriate level of pedestrian and bicycle circulation throughout the Specific Plan is to be provided, including pathways connecting residential neighborhoods with each other, as well as with nonresidential and recreational components of the area. Specific Plan development should also provide recreational trail systems for jogging and bicycling.” The Marcona Preserve Specific Plan includes a multi-use trail and Class II bike lanes along Jewetta Avenue. The multi-use trail will connect residential uses with the public parks, school site, and commercial area. The Class II bike lanes will be consistent with the Circulation Element of the City of Shafter General Plan.
“15. Development of the Specific Plan area shall provide such on- and off-site road improvements on City of Shafter streets as needed to ensure that applicable roadway performance standards are met.” The roadway within the Specific Plan area will be built in conjunction with construction of each phase of the development. The City of Shafter will implement roadway improvements for Seventh Standard Road.
“16. Public services and facilities, including needed on-site and off-site facilities, shall be provided and financed by the project as needed to meet applicable public services performance standards.” Public services and facilities within the Specific Plan area will be built in conjunction with construction of each phase of the development. The City of Shafter development regulations will ensure that off-site facilities adequately address the needs of the residents. “17. Project development shall provide full mitigation of impacts on school facilities to affected school districts.” The Marcona Preserve Specific Plan plans for development of an elementary school within the proposed project site. This will fully mitigate the proposed project impacts to elementary schools. The Mission Lakes Specific Plan includes a middle school, which will further mitigate impacts to school facilities in the area. “18. The timing of new development shall be correlated with the installation of water, sewer, electrical, and natural gas utility systems, provision of municipal services (including emergency services), and project open space and amenities with land development in a manner that is economically feasible and that ensures adequate service to uses within the site.” Utilities, public services and facilities within the Specific Plan area will be built in conjunction with construction of each phase of the development. Construction of the Marcona Preserve Specific Plan will be phased in a logical sequence, in response to market demands.
Completion of these amenities on a parallel track with proposed residential development would help improve the quality of life of the residents during the implementation of the Specific Plan. The multi-purpose trail shall be implemented in conjunction with construction of Jewetta Avenue North.
“19. Project entry, streetscape, and landscape design elements are to be designed to create and maintain a strong community identity.” Signage and landscaping within the Specific Plan area are planned to clearly identify community areas and boundaries, so as to efficiently guide residents and visitors through the Specific Plan area and contribute to the creation of a strong community identity. Landscape, entry signs, and streetscape elements will be used to create visual continuity throughout the Marcona Preserve Specific Plan area.
“20. Development of an attractive, but natural appearing landscape at community entries and along arterials and collector roadways is to be provided with groves of trees, earth tone wall colors, and drifts of flowering shrub materials.” A 10-foot wide concrete sidewalk will be implemented along the north side of Seventh Standard Road, with planting areas along both sides of the sidewalk. Medium canopy trees may be planted along the planting area adjacent to Seventh Standard Road within drought tolerant ground covers and low flowering shrubs (less than 3 feet). The landscaping treatment shall create a relatively natural feel to the project frontage, with varying elements and pleasant aesthetics.
Jewetta Avenue North will have a median that may receive medium canopy evergreen multi-trunk tree species, such as olive trees. A 6-foot wide meandering multi-use trail, with planting areas along both sides, will follow the eastern side of Jewetta Avenue North within the Specific Plan area. A sidewalk and landscaping will follow the entire western side of Jewetta Avenue North. Medium canopy evergreen trees and groupings of large shrub hedges may be implemented along this side of the street to counterbalance the landscape treatment along the eastern site of the roadway. Landscaping will separate the pedestrian walkway from the roadway.
C. TRANSPORTATION
GOAL: To achieve and maintain a well-balanced transportation system that maximizes freedom of movement; provides for the efficient and safe transportation of goods within and through the City of Shafter; and which balances concerns for mobility with concerns for safety and the quality of life in Shafter.
Findings: The Marcona Preserve Specific Plan will contribute to facilitate meeting the City’s roadway performance objective through implementation of a portion of the circulation plan set forth in the General Plan.
The Specific Plan roadway design will contribute to improve circulation within residential areas. The Specific Plan includes appropriate measures to mitigate speeding and other traffic impacts in residential areas. Roadway patterns that limit through traffic on local residential streets will also be implemented. The Specific Plan locates commercial uses adjacent to Seventh Standard Road, since this land use is expected to generate heavier traffic than residential areas.
The Specific Plan establishes guidelines for implementation of landscaping along right-ofway of arterials and major collectors. Landscaping along Seventh Standard Road shall be compatible with the landscaping along the Mission Lakes and Gossamer Specific Plan frontages.
As recommended by the General Plan, parking will be permitted along collector streets, with restrictions as needed to accommodate transit stops, pedestrian crosswalks, added lanes at intersections, or other operational requirements. On-street parking along arterials and principal arterials will be prohibited.
The Marcona Preserve Specific Plan supports and encourages the transit of pedestrians and bicyclists, which provide an alternative to travel by private automobile for short distances.
A multi-use path will be integrated along Jewetta Avenue North, connecting the different land uses within the Specific Plan area. The design guidelines contained in the Specific Plan will contribute to create a pedestrian-friendly community that allows for safe and convenient pedestrian and bicycle access to residential, commercial, and recreation areas.
C. PUBLIC SERVICES AND FACILITIES
GOAL: To provide for the ongoing provision and timely expansion of high quality public services and infrastructure for existing and future residents and businesses.
Findings: The developer will provide for infrastructure improvements, including streets, utilities, water, sewer, and storm drain facilities, as well as sidewalks and the multi-purpose path. All facilities shall be constructed and maintained in accordance with applicable standards.
The school will be developed in coordination with the School District. Recreational facilities in the Specific Plan include the multi-use trail and a public park. These amenities will adequately address the recreational needs of the Marcona Preserve community.
C. HOUSING
GOAL: To provide adequate affordable housing for existing and future Shafter residents, regardless of their economic level or special housing needs.
Findings: The Marcona Preserve Specific Plan will provide different residential products that will address the needs of first time home buyers and provide move-up opportunities for area residents. The Marcona Preserve community, in conjunction with the Mission Lakes and Gossamer communities, will contribute to develop a wide range of housing products in southeast Shafter.
D. ENVIRONMENTAL MANAGEMENT
GOAL: To identify limits on the natural resources needed to support existing and future development within the City and its study area, and ensure that these resources are managed and protected.
Findings:
Open Space: The Specific Plan’s multi-use trail and public park will form a system of recreation and open space within the Marcona Preserve community that will be liked to the park and recreation systems of the Mission Lakes and Gossamer Specific Plan areas.
These recreation areas are available to the public, and will support active informal play; passive recreation; and enjoyment of the natural environment.
Water Conservation: The Specific Plan will promote water conservation through application of appropriate landscaping and site planning techniques which include the use of drought-tolerant vegetation in the streetscape. Other techniques that may be employed are the use of reclaimed water for large-scale irrigation and for dust control during grading where such water can be economically delivered; and installation of computerized irrigation controllers and drip irrigation systems. Oildale Mutual Water Company will provide water services to the Specific Plan area with a dual water supply system. This system includes a domestic water supply and a landscape irrigation water supply.
In addition, all development will comply with discharge permit requirements established by the Regional Water Quality Control Board (RWQCB). The drainage plan will ensure that surface waters be protected from the potentially adverse impacts associated with urban runoff.
Biological Habitats and Wildlife Resources: The southern half of the Specific Plan property is within the Metropolitan Bakersfield Habitat Conservation Plan (HCP). The Specific Plan will also be within the Kern County Valley Floor HCP, when the latter is finalized and approved. A Biota Report will be prepared for the subject property and the proposed project will be analyzed for short- and long-term impacts to biological resources.
Mineral Resources: The Marcona Preserve Specific Plan will provide for the proper management of mineral resources within the proposed project area.
Cultural Resources: If cultural or paleontological resources are unearthed during grading, alteration of earth materials in the vicinity of the find will be halted until a qualified expert has evaluated the find and recorded identified cultural resources.
Air Quality: The Marcona Preserve Specific Plan will provide bicycle and pedestrian facilities, including the multi-use path along Jewetta Avenue, which will connect residential areas with neighborhood commercial centers, recreational facilities, the elementary school, and surrounding areas. This will encourage a reduction in the number of vehicle trips. In addition, development of the Marcona Preserve Specific Plan will comply with all applicable construction dust abatement requirements.
Energy Resources: The Specific Plan encourages the use of energy-efficient design and implementation of the California Code of Regulations, Title 24 (California Building Standards Code).
E. ENVIRONMENTAL HAZARDS
GOAL: Minimize the potential for loss of life, injury, property damage, and economic disruption resulting from natural and man-made hazards, and ensure the ability of emergency services to respond rapidly and effectively following a disaster.
Findings: The City of Shafter General Plan states the need to minimize the potential for loss of life, physical injury, property damage, and economic or social disruption resulting from an earthquake and other geologic events or from a 100-year flood.
The closest known faults to the subject site are subsurface faults located at the Fruitvale Oil Field. These faults are not thought to be active for the last two million years. The proposed project will comply with the most recent Uniform Building Code’s seismic design standards.
The Specific Plan area has been studied by the Federal Emergency Management Agency (FEMA). The Specific Plan area is contained within Flood Insurance Rate Map (FIRM) Panel 060075 0750 B (Kern County, CA, effective September 29, 1986). The FIRM Map depicts the Specific Plan site as Zone C (areas of minimal flooding, outside the 100-year flood zone). Prior to approval of any final map associated with the Marcona Preserve Specific Plan, detailed drainage/hydrological studies shall be required to address on-site drainage conditions and increased runoff flows associated with proposed land uses on a subdivision-level basis.
APPENDIX C
CONCEPTUAL RENDERINGS
RESIDENTIAL
SOLANA SERIES
ARROYO (2012)
A
B
SOLANA SERIES
ARROYO (2012)
SOLANA SERIES
BODEGA (2014)
A
B
SOLANA SERIES
BODEGA (2014)
SOLANA SERIES
CABRILLO (2015)
A
B
SOLANA SERIES
CABRILLO (2015)
SOLANA SERIES
ESPLANADE (2006)
A
B
SOLANA SERIES
ESPLANADE (2006)
CORONET SERIES
ARIA (4031)
A
B
CORONET
ARIA (4031)
CORONET SERIES
OPUS (4023)
A
B
CORONET
OPUS (4023)
CORONET SERIES
HARMONY (4034)
A
B
CORONET
HARMONY (4034)
CORONET
HARMONY (4034)
CORONET SERIES
OVERTURE (4035)
A
B
CORONET SERIES
OVERTURE (4035)
CORONET SERIES
OVERTURE (4035)
CORONET SERIES
RHAPSODY (4037)
A
B
CORONET SERIES
RHAPSODY (4037)
CORONET SERIES
RHAPSODY (4037)
SKYE SERIES
A
B
C
ALPENGLOW (5013)
SKYE SERIES
ALPENGLOW (5013)
SKYE SERIES
BOREALES (5155)
A
B
C
SKYE SERIES
BOREALES (5155)
A
B
C
SKYE SERIES
MOONLIGHT (5012)
SKYE SERIES
MOONLIGHT (5012)
SKYE SERIES
SOLSTICE (5014)
A
B
C
SKYE SERIES
SOLSTICE (5014)
A
B
C
SKYE SERIES
MOONLIGHT (5012+ ADD ON GARAGE)
SKYE SERIES
MOONLIGHT (5012)
SKYE SERIES
A
B
C
ALPENGLOW (5013 + ADD ON GARAGE)
SKYE SERIES
ALPENGLOW (5013)
SKYE SERIES
BOREALES (5155 + ADD ON GARAGE)
A
B
C
SKYE SERIES
BOREALES (5155)
SKYE SERIES
SOLSTICE (5014)
A
B
C
SKYE SERIES
SOLSTICE (5014)
EXHIBIT B
FIT{DINGS OF FACT FOR THE CTTY OF SHAFTER 2OO5 GENERAL
PLAN UPDATE AND RELATED ACTIONS ElYVTRONMENITAL
IMPACT REPORT
1..0 INTRODUCTTON
Section 1509 I of the Guidelines for the California Environmental Quality Act (CEQA) provides that:
"No public agency shali approve or carry out a project for which an Environmental Impact Report has been completed and which identified one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationãle for each fìnding."
The Shafter General Plan Environmental Impact Report (State Clearinghouse No. 2004101029) identified significant or potential significant environmental impacts which, prior to mitigation, may occur as the result of the proposed project. Thus, in accordance with the provisions of CEQA Guidelines" findings are enumerated in Section 3.0, beiow.
1.1 Project Description
The Shafter General Pian study area encompasses ali of the City of Shafter, its sphere of influence, and additional lands that the City has determined are integral to the planning of Shafter's future. The total Planning Area covers approximately 46,583 acres. Of this area, approximately 1 1,40 i acres are currently within the City limits. State law permits the inclusion of sphere of influence and other lands within a communify's General Plan. However, the Shafier General Plan asserts land use control only over lands actually within the corporate limits of the City. Until such time, if ever, that land currently outside of the City of Shafter is incorporated into the City, the Kern County General Plan will remain the lead land use planning document for unincorporated territories.
The primary goal of the City of Shafter General Plan Update is to provide the residents of the City with a "blueprint" for public and private development. T'he General Plan will function as Shaftert "Constitution" for development and environmental management, and serve as the foundation upon which City ieaders make all land use and new development-related decisions. The proposed Genàral Plan is an attempt to promote a more focused and balanced pattern of growth that accommodates the demand for housing, employment opporfunities, and public facilities and services while mirumizing the potential adverse impacts that may result from increased urban development. The p.opor"ã J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Fínal SHAFTER EIR 1 findings.DO C (6lZt/Z0OS)
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JUNE 2OO5
SHAFTTR GENERAL PLA,N AND RELATED ACTIONS EIR
FINDINGS OT'FACT
proJect is a comprehensive revision and update of the 1993 Shafter General plan. The proposed General Plan update encompasses several changes in the existing General Plan. The primary chànges set forth in the General Plan Update include:
Update of existing conditions, with2002/2003 serving as base year.
Update of development projections to the year 2030, corresponding to the anticipated build out year of the updated General Plan. These projections include population, employment, residential development, and non-residential development.
Expansion ofthe General Plan study area to reflect an expanded sphere ofinfluence and. areas of interest.
Amendment of the General Plan Elements to reflect update of conditions, projections, and land use changes,
Modifications to the Land Use Element, including:
o Establishment of building intensities for all land use categories including commercial, indushial, and residential.
o Creation of a new Land Use Map reflecting expansion of urban development at the periphery of the City's original townsite, proposed expansion of Minter field, and development along the north side of 7'n Standard Road, west of State Route 99.
Amendment of the Circulation Element, including:
o Creation of a new Circulation Map to better manage local and regional kaffic fiow, including potentiai routes for the proposed relocation of State Route 58 and the "'West Beltway." o Inclusion of a Bicycle Route Map.
Amendment of the Noise Standards to reflect a 65 dBA standard for residential development.
Revisions to the Housing Element to reflect current and projected housing needs and provide a detailed program to meet those needs.
Incorporation of an explicit Statement of Community Vision.
Modification to General Pian Elements to reflect Shafter's emergence as a major industrial employment center.
Modifications of General Plan goals, objectives, policies, implementation programs, and other provisions to reflect current conditions and Shafter's vision for its future.
The General Plan addresses immediate and long-term issues including kaffic, expansion of the local employment base, provision of public services, and environmental constraints. The goal of the Generai Plan is to provide a consistent policy guide, which incorporates public health, safety, environmental and "quality of life" considerations.
The DEIR also covers the adoption of two Specifîc Plans located along the 7th Standard Road Corridor (Coberly West and Mission Lakes), annexation of lands v/ithin the southeastem portion of lha (ì.ono.ol pl.- qfrÌ.{\/ ô--ô
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J:\USERS\ENG-PLAN\ì¡/AYNE\General Plan Update\Staff Repo¡ts\Final SIIAFTER 2 EIR findings.DOC (6/21/2005')
JUNE 2OO5
SHAFTER GENCRÀL PLAN AND RELATED ACTIONS EIR
FINDINGS OF FÀCT
The Coberly West Specifîc Plan area encompasses approximately 830 acres,764.8 of which are to be devoted to the development of 3,432 dwelling unifs. e total oî 5,334 residential dwelling units is proposed in the Mission Lakes Specific Plan on 7,347 acres. The City of Shafter proposes to affiex approximately 5,000 acres of land in the southeastem portion of the General Plan area. All of the acreage proposed to be annexed is currently within the City's sphere of influence, as adopted by the Kern Counfy Local Agency Formation Commission (LAFCO). Concurrent wiifr aaopiion oi the City's General Plan update, Shafter proposes to pre-zone parcels within the proposed annexatio n aÍea.
Pre-zoning of lands is a prerequisite for LAFCO review and action on the próposed Annex ation 77.
The entire Annexation 77 area will be pre-zoned consistent with the proporàd beneral plan land use
designations for the area. Two landowners have sent letters to the City of Shafter requesting cancellation of V/illiamson Act contracts pursuant to Section 51280 et seq. of tn" Government Code.
Both of these applications affect lands within the proposed Annexation 77 area, which will be designated "Specific Plan" by the proposed General Plan and pre-zoning. In addition, the North of the River Municipal Water Disfrict is proposing to expand its service area to include the proposed Annexation 77 area.
BACKGROUND FIi\DINGS
Initial StudyÆ.{otice of Preparation
To further the basic purposes of CEQA, the environmental review process requires the preparation and public circulation of a Notice of Preparation (l{OP) and an Initial Study liS;
in a¿Aition to the
Generai Plan Program EIR. An NOP is a brief notice that the Lead Agency (in this case, Cify of Shafter) plans to prepare an EIR for a project. The purpose of the NOP is to solicit guidance from agencies and individuals as to the scope and content of the environmental information to be includ.ed in the EIR. The Cify of Shafter formally initiated the enr¡ironmental process with circulation of an NOP, which was sent to responsible agencies and interested individuals for a 30-day review period from October B to November 8, 2004. An IS for the proposed General Plan was presented to the public on October 8,2004, and was circulated with the NOP. If, as here, it is lcrown that anEIR will be prepared, an IS, although not required, is helpful in identifying the likely potential environmental impacts that should be studied in the EIR. The full range of potential environmental effects associated with the implementation of the General P1an, as identified in the IS, is contained in Appendix A to the Final EIR for the Shafter General Plan.
The Initial Study prepared for the proposed Shafter General Plan addressed. potential environmentai impacts related to the General Plan and found that those indicated below would result in potentially significant impacts that needed to be evaluated in an EIR:
2.4 2.1
. Aesthetics;
. Air Quality;
. Biology;
. Cultural Resources;
. FloodingHazards;
. Geology and Soils;
. Hazatds andHazardous Materials;
. Water Resources;
. Land Use and Agriculture;
. Noise;
. Population and Housing;
. Public Seryices and Utilities;
. Transportaúon/Traffr,c; and
' Mineral and Energy Resources
J:\USERS\ENG-PLANW/AYNE\Geneml Plan Update\Staff Reports\Final SHAI'TER EIR findings.DOC (6 lTl/2005) 3
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SHÀFTER CENTRAL PLAN ÀND RI'LATED ACTIONS EIR
FINDINGS OF FACT
Based on the IS, it was determined that potential impacts associated with the aforementioned issues required further evaluation in the Program EIR for the proposed General Plan and Related Actions.
Additionally, the IS determined that an evaluation of potential cumulative impacts resulting from implementation of the proposed General Plan and related actions be included in the EIR. In compliance with CEQA Guidelines, the City of Shafter has taken steps to optimize opportunities to participate in the environmental process. During the preparation of the Draft EIR, various Federal, State, regional and local government agencies, and other interested parties were contacted to solìcit comments on potential environmental impacts and to inform the public of the proposed General Plan.
Pubiic meetings were held to solicit public comment on the General Plan and its EIR. Additionally, several individuals and agencies sent written comments in response to the NOP. Those comments are presented in Appendix A to the Draft EIR for the General Plan and Related Actions.
2.2 Draft EIR
A Notice of Completion for the DraÍï EIR was filed with the State Clearinghouse aiong with the required nurnber of copies of the document for circulation to various State agencies. Copies of the Draft EIR were also mailed directly to locai agencies, groups, and individuals for the required 45-day public review period (April 13 through }llay 27,2005).
2.3 Final EIR
For the purposes of CEQA, and the findings herein set forth, the administrative record for the Final EIR Project includes but is not limited to the following documents:
. The Draft Environmental Impact Report for the Shafter General Plan and Technical Appendices (4pri12005);
' All comments submitted by agencies or members of the public during the 45-day comment period on the D-aft EiR (April 13 through M:ay 27,2005) and responses to those comments (June 2005); . Draft General Plan (April 2005) as recommended by the Planning Commission and adopted by the Cify Council;
. Coberly W.est Specific Plan (March 2005) as recornmended by the Planning Commission and adopted by the City Council;
. Mission Lakes Specific Plan as recommended by the Planning Commission and adopted by the City Council;
. All records related to AnnexationTT andthe related proposed Pte-Zoning; . A1l records related to cancellation of Williamson Act contracts within the Mission Lakes Specrfic Plan area;
. Ail records related to the Expansion ofNorth of the River Municipal.Water Diskict; . Ali records relating to the study sessions and public hearings of the Planning Commission from October 2004 tirough May 2005; and
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J:\USERS\ENG-PLAN\WATNE\General Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/21/2005)
JUNE 2OO5
SHAFTER GENERAL PLAN ¡T.ND RELATED AcTIoNs EIR
FINDfNGS OF FÀCT
o All records related to the study sessions and pubiic hearings of the City Council from October 2004 through June 2005.
The official custodian of the Final EIR is the Shafter Community Development Depaúment City of Shafter Cify Hall
Communify Development Dep arbment
336 Pacific Avenue
Shafter, Califomia 93263
2.4 Mitigation Monitoning and Reporting Program
According to CEQA Guidelines Section I5097(a), "...the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects." The Finai EIR for the Shafter General Plan and Related Actions contains mitigations measures to avoid significant environmental effects. The mitigation measures contained in the Final EIR for the Shafter General Plan and Related Actions each require actions not covered in the policies contained in the General Plan. Therefore, the mitigation measures are included in a Mitigation Monitoring and Reporting Program included with the Final EIR. Pursuant to Public Resources Code Section 210816, the Shafter City Council hereby adopts the Mitigation Monitoring and Reporting Program for the Shafter General Plan, attached as Exhibit A. In the event of any inconsistencies between the mltigation measures as set forth herein and the lVlitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shal1 control.
2.5 Program EIR
Program EIRs are fypically prepared for an agency plan program, or series of actions that can be charactenzed as one large project, such as a general plan. Tiering refers to the concept of a multilevel approach to preparing environmental documents (CEQA Guidelìnes, $ 15152).
A General Plan EIR, addressing the impacts of citywide policy decisions, can be thought of as a "first tier" document. It evaluates the large-scale impacts on the environment that can be expected to result from the adoption of the General Plan, but does not necessarily address the site-specific impacts that each of the individual development projects that will follow and implement the General Plan may have. CEQA requires each of those subsequent development projects be evaiuated for their particular site-specific impacts. These site-specif,c analyses are fypically encompassed in second-tier documents, such as Project EIRs, Focused EIRs, or Negative Declarations on individual development projects subject to the General P1an, which typically evaluate the impacts of a single activity undertaken to implement the overail plan.
According to the CEQA Guidelines, a State or iocal agency should prepare aooProgram" EIR, rather than a "Project" EIR, when the lead agency proposes the following:
. Series of related actions that are linked geographicaily; J:\USERS\ENG-PLAN\WA\'¡IE\General Plan Update\Staff Reports\Final 2 SHAFTER EIR findings.DOC (6/21/2005)
,tuNE 2005
SIIAFTER CENERAL PLÀN AND RELATED ACTTONS EIR
FINDTNGS OF FACT
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Logical parts of a chain of contemplated events, rules, regulations, or plans that govern the conduct of a continuing program; or
'
Individual activities carried out under the same avthonzing statutory or regulatory authority and having generally similar environmental effects that can be mitigated. in similar ways (C-eeA Guidelines, g 15 168(a)).
In this case, the Program EIR addresses the General Plan and Related Actions. The Final EIR anticipates a series of actions that will be undertaken over time to ìmplement the proposed General Plan and Related Actions. Further actions or procedures required to allow implementation of the proposed General Plan and Related Actions include the processing of zone changes, specific p1ans, tentative h^act maps, development plans, building permits, and grading permits.
In a Program EIR, CEQA allows the general analysis of broad environmental effects of the program with the acknowledgment that subsequent site-specific environmental review may be r"q.rir"ã fot pafücular aspects of portions of the program at the time of project implementation. The program EIR serves a valuable purpose as a first-tier environmental analysis. The Program EIR can be incorporated by reference into subsequently prepared environmental documents to address issues, such as cumulative impacts and growth inducing impacts, allowing the subsequent documents to focus on nev/ or site-specific impacts (CEQA Guidelines, g 15116S(d)).
Although the legally required contents of a Program EIR are the same as those of a project EIR, in practice there are considerable differences in level of detail. Program EIRs are typically more conceptual and abstract. They contain a more general discussion of impacts, alternatives, and mitigation measures. The analysis in the General Plan and Related Actions EIR is not intended to be a substitute for site-specific environmental analysis for future development projects (e.g., d.etermining the ievel of service for intersections within the Cify or specific biologrcal impacts for futurã development projects).r The EiR for the Shafter General Plan ánd Related Actions provides a macroscale analysis that can be used to focus enr¡ironmentai review for futsre development projects on sitespecific, project-related issues. The parameters by which a lead agency can determine the need for additional environmental documentation are contained in the CEQA Guidelines ($$ 15160 to 15170).
2.6 Growth fnducernent
CEQA requires a discussion of the ways in which the proposed General Plan and Related Actions could be growth inducing. CEQA Guidelines Section 15126.2(d) identifies a project as growth inducing if it fosters economic or population growth, or the construction of additional housing, either directiy or indirectly, in the surrounding environment. New employees from commercial and indush-ial development and new population from residential development represent direct forms of growth" These direct forms of growth have a secondary effect of expanding the size of locai markets and inducing additional economic activity in the area. Examples of development that would indirectly facilitate growttr include the installation of new roadways or the conskuction or expansion of water delivery/treatment facilities. Section 5.1 of the Draft EIR provides a discussion of growth inducing impacts of the General Plan and Related Actions. Based on the definition of growth inducement, á Where site-specific information is available that provides insight into cumulative citywide impacts, such information was incorporated into the General Plan EIR. An example of the incorporation of site-specific information is the land use plans for the Coberly West and Mission Lakes Specific plans.
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General Plan is inherently growth inducing, leading to certain significant unavoidable impacts; it is the indirect impacts of the growth that the General Plan will induce thatare addressed in the detailed impacts sections of the Final EIR.
2.7 Cumulative Impacts
"Cumulative impacts can result from individually m'inor but collectively significant projects talcing place over a period of time" (CEQA Guidelines, $ 15355(b). Section 15130 of the CEQA Guidelines requires that an EIR include a discussion of the potential cumulative impacts of a proposed project.
Cumulative impacts are defined as "two or more individual effects which, whcn considered together, are considerable or which compound or increase other environmental impacts" (CEQA Guidelines, $ 15355). "The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable or probable future projects" (CEQA Guidelines, $ 15355(b)).
Due to the broad project objectives associated with the implementation of the proposed General Plan and Related Actions; the cumulative analysis presented in this Program EIR does not evaluate the site-specific impacts of individual projects. Project-level analysis will be prepared on a project-byproject basis. The proposed General Plan addresses cumulative growth anticipated to occur in Shafter and its General Plan study area resulting from build out of the proposed General Plan in combination with growth throughout Kern County. The cumulative impact analysis is based on the anticipated population growth within Kern County. Population growth is a major factor contributing to direct impacts on habitat, housing, job markets, transportation, and development. Additionally, these direct impacts can cause secondary impacts to biological resources, air qualþ, density, and the overall quality of life within Shafter. For this reason, using population growth as a measure to determine cumulative impacts is applicable when examining a large-scale policy action such as a General Plan.
2.8 SignificantlrreversibleEffects
Section 5.3 of the DEIR examined "significant irreversible environmental effects." Approval and implementation of actions related to the proposed General Plan and Related Actions would result in an irretrievable commitment of nonrenewable resources such as energ"y supplies and other construction-related materials. The energy resource demands would be used for conskuction, heating and cooling of buildings, transportation of people and goods, heating and refrigeration, lightin g, and other associated energy needs. Environmental changes with implementation of the proposed General Pian and Related Actions would occur as the physical environment is altered through continued commitments of land and conskuction materials to urban development. There would be an irretrievable commitment of labor, capital, and materiais used in construction and a peÍnanent loss of open space. Nonrenewable resources would be committed primarily in the form of fossil fuels and would include fuel, oil, natural gas, and gasoline used by vehicles and equipment associated with implementation of the proposed General Plan and Related Actions. The consumption of other nonrenewable or slowly renewabie resources would result from the development of the proposed General Plan and Related Actions, including, but not limíted to, lurnber and other forest products, sand and gravel, asphalt, steel, copper, lead, and water. Because alternative energ:y sources such as solar, geothermal, or wind energ:y are not currently in widespread local use, it is unlikely that real savings in nonrenewable energy supplies (e.g., oii and gas) could be realized in the immediate f,uture.
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Deveiopment within Shafter, as envisioned by the proposed General Plan and Related Actions, would result in the construction of structures, facilities, and/or infraskucture on lands lhat are currently undeveloped, resulting in their future and permanent commitment to urban uses.
2.9 Consistency with Regional Plans
CEQA Guidelines Section 15125(d) requires that any inconsistencies between a regionally significant project (e.g., General Plan) and regional plans be discussed. Kern Council of Governments (Kern COG) and San Joaquin Valley Air Pollution Control Diskict (SWAPCD) regional plans cover the proposed General Plan study area. The proposed General Plan is consistent v¡ith the SFVAPCD's air quality management plan, as discussed in Section 4.3 of the General Plan EIR.
As shown in Table 4.12.G of the General Plan EIR, build out of the proposed General Plan in 2030 would result in a much larger population and a much larger employment base than KERN COG has projected. The population projections of KERN COG, as shown in Table 4.12.8 of the Generai Plan EIR, show the City growing by approximately 215 persons annually or I.2 percent through 2030.
Between 1990 and 2000, the population of Shafter increased from 8,409 to 12,757, aî average of 435 persons per year (5 .l% annually), according to the Califomia Deparlment of Finance. The Kem COG data indicate that the area' s population is going to grow at a rate that is slower than occurred between 1990 and 2000. Even without the proposed General P1an, however, the projected growth rate for 2003 and 2004 is higher than 215 persons annually as projected by KERN COG. Therefore, projections for 2030 may be exceeded whether or not the proposed General Plan is implemented. The General Plan and EIR both explicitly aclmowledge that the General Plan would result in a substantially greater population base than KERN COG projects. Additionally, the KERN COG projections do not cover the newly adopted Shafter Sphere of Infiuence Area in the southeastem portion of the Planning Area.
One of the objectives of the Shafter General Plan is to create alarger local employmentbase, thereby providing a balance between local employment and housing opporfunities. This balance is sought to reduce the long home-to-work commutes and traffic congestion along major commute routes, such as State Route 99, and resulting air quality impacts. Because KERN COG projections are based on an area smailer than the Shafter General Plan area, the proposed Shafter General Plan provides for considerably more local employment than is reflected in KERN COG projections. Increasing local the employment base in relation to the local population provides greater opportunities for residents to live closer to their places of employment and may lessen future impacts related to air quality and traffic within the region.
3.0 FINDINGS OF THE SITAFTER GENERAL PLAN AND RELATED
ACTIONS EN\rIRONMENTAL IMPACT REPORT
3.1 Aesthetics and Visual Resources
Potential Impacts. Implementation of the Shafter General Plan and Related Actions will increase development of urban and rural residential uses resulting in the conversion of open space areas and agricultural lands to urban and rural residential land uses, thus changing the visual character of the ianci within areas designated lbr urban deveiopment on the General Plan's lanii use map. The existing and future public views will be altered. Expansion of areas developed for urban and rLral residential 5 J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Fìnal SHAFTER EIR findings.DOC (6/2112005)
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use may aiso conflict with the Cify's existing small town visual character and qualities. In addition, new development within the General Plan study area will introduce new sourcer åthg¡t and glare.
Findings. While the Cify of Shafter has no officially designated scenic vista or views, the proposed General Plan policies recognize the importance of open space and public r¡iews and providì for the protection of land designated for agricultural use and open space. While the proposed General plan policies address the aesthetic impact of new development, they do not reduce the impacts of converting open space and agricultural lands to urban land uses to a less than significant lèvel and significant unavoidable impacts would remain. The Coberly West and Mission Lakes Specific plans set forth landscaping plans and design guidelines aimed at ensuring the visual q,rãtity of new deveiopment. These provisions will not reduce the loss of views of opør space and ågnculture that will result from the development of the two Specifîc Plans. It is anticipated that future development within Annexation 77 outside of the Coberly West and Mission Lakes Specific Plans will include provisions for landscaping plans and design guidelines. While such provisions will ad.dress the visual quality of the built envrronment, they wili not mitigate ioss of views of existing open space and agricultural land.
The General Plan retains a large permanent agricultural buffer around Shafter's central eore aÍea, maintaining the small town size and character of that area. In addition, development policies in the proposed General Plan are specifically directed toward maintaining and enhancing the downtown,s visual environment u-rd charccter. With the implementation of the General Plan pôlicies, the visual impacts of new development would be less than signifîcant. Both the proposed Coberly West and Mission Lakes Speclfic Plans propose large-scale urban development; however, the proposed General Plan preserves a large buffer between these Specific Plan areas and Shafter's core area. Thus, development of these Specific Plan areas will not affect the small town visual character of Shafter's existing core area. It is anticipated that future development \r/ithin Annexation 77 outside of the Coberly West and Mission Lakes Specific Plans will also encompass large-scale urban development; however, the proposed General Plan presewes a large buffer between the area of AnnexationTT ¿rrró.
Shafter's aore area. Thus, development within the area of Annexation 77 will not affect the small town visual character of Shafter's existing core area.
The proposed General Plan recognizes the impact of light and glare on sensitive receptors and provides guidance to reduce impacts of light and glare; however, it does not provide development design standards which wouid ensure that aesthetic impacts related to light and glare would be less than significant. Because these policies do not provide performance standards to address light and glare, Mitigation Measvres 4.2.3A, 4.2.38, 4.2.3C, 4.2.3D, and 4.2.38 were proposecl to provide performance standards to reduce the impacts of light and glare. Therefore, the Council hereby directs that these mitigation measures be adopted. Both the proposed Coberly West and Mission Lakes Specific Plans propose large-scale urban development which will create light and glare sources. It is also anticipated that future development within Annexation 77 outside of Coberly West and. Mission Lakes Specific Plans will create lightning sources. The performance standards found in the above mitigation measures will be applied to all deveiopment within Coberly W'est and Mission Lakes Specific Pians and within Annexation 77. The Council finds that changes or alterations have been required in or incorporated into the project which mitigate or avoid the significant effects of light and glare on the environment will reduce this impact to a less than significant level.
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Facts in Support of Findings. New development can alt".;r surrounding visual qualities through increased densities and intensities and loss of open vistas and views of agricultural activities within portions of the Planning Area. Any new development that may cause the loss of natural resources, agricultural, and open space areas would alter the existing quality and sense of open space that the Planning Area now exhibits as the result of large expanses of agricultural land use. No feasible mitigation measwes exist to address the loss of open vistas that will result from conversion of open space and agricultural lands to urban and rural residential uses, other than those that are included in the General Plan. The Council therefore finds that changes or alterations which mitigate or avoid the significant effects on the environment have been required in or incorporated into the project; holrrever, the loss of open space remains significant and unavoidable" The Councii further finds that there are no additional feasible mitigation measures or alternatives that the Councii could adopt at this time which would reduce this impact of the loss of open space to a less than significant level. To the extent that this adverse impact will not be eliminated or lessened to a less than signif,rcant level, the Council finds that specific economic, legal, social, technological, artd other considerations identifîed in the Statement of Overriding Considerations support approval of the project as modifîed, despite unavoidable residual impacts. For additional discussion regarding the project's impacts to open space and aesthetics, see DEIR, Section 4.2.
The General Plan impacts to smali town visual character and qualities have been substantially reduced to a iess than significant ievel by virlue ofGeneral Plan policies addressing a buffer around Shafter's central core area and poiicies providing development guidance to the downtovm area (Poiicies 2.3.1-3,2.3.5,2.3.9-10,2.5.1,2.5.4-5,2.6.I,2.8.7,2.8.10,2.8.19,2.9.8,4.6.6,4.7.6,4.7.6-7, and 6.6.7).In addition, all of the development in both the Coberly West and Mission Lakes Specifîc Plans and the development outside these plans within A¡nexation 77 is separated from the downtown core by not only agricultural buffers but also by distance so as not to affect the small town visual character. Therefore, the General Plan policies provide guidance to reduce impacts to small town visual character and qualities, particularly with regard to agricultural buffers and compatible new development in the downtown core, including development design standards that would ensure that aesthetic impacts relating to small town visual character and qualities would be less than significant.
Specifically, the General Plan states in Policy 6.2.3 that the City will maintain a permanent agricultural/open space buffer around central Shafter, including a broad buffer befween cenkal Shafter and lands within the southeastern portion of the Planning Area. In Policy 2.8.20, the Cify will develop an atlractive, but natural-appearing landscape at community entries and along arterials and collector roadways planted with groves of trees, earth tone walls, and drifts of flowering shrub materials.
Generai Plan Policy 2.7 .3 rclated to mitigation of light and glare impacts was found in the Draft EIR to not provide development design standards that would ensure that aesthetic impacts relating to light and glare would be less than significant. Therefore, Mitigation Measwes 4.2.3A through E were proposed to further reduce this impact. These measures provide additional performance standards related to mitigation of light and glare impacts to be incorporated into the proposed General P1an. The mitigation measures required that the Cify provide the minimum lighting required to ensure safe circulation and visibility; iimit street lighting to intersections and other locations that are needed to maintain safe access; limit exterior lighting of buildings to iow-profile intensity; and require that lighting in new development be confined to the areas to be iighted with no spillover lighting. The Councii hereby directs that these mitigatlon measures be adopted. The implementation of General J:\USERS\ENG-PLAN\WAYNE\General 7 Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/2112005)
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Plan policies and the mitigation measures identified above will reduce this impact to a less than signifìcant level.
For further discussion of the impacts to Aesthetics and Visual Resources, see DEIR Section 4.2 beginning on page 4.2.1 -
3"2 Air Qualify
Potential Impacts. Air poilutant emissions including fugitive dust and gases which could affect air quality would occur during conskuction-related activities associated with individual projects permitted by the General Plan and Related Actions. Fugitive dust emissions are generally associated with demolition, land clearing, exposure of soils to the air and wind, and cut and fil1 grading operations. Dust generated during construction varies substantially on a project-by-project basis, depending on the level of acfr.u.rty, the specific operations, and weather conditions at the time of construction. Because the number, sizes, and locations of ìndividual construction projects that might be undertaken concurrently at any given time following implementation of the General Plan and Related Actions cannot be known, it is not feasible to quantifii accurately the proposed daity fugitive dust emissions that will result from the proposed project; however, there are a nurrrber of feasible control measures that can be reasonably implemented to significantþ reduce PMls emissions from construction. The SJVAPCD approach to CEQA analyses of construction PMle impacts is to require implementation of effective and comprehensive control measures rather than to require detailed quantification of emissions. These control measures are generally grouped together under Regulation VIII of the SIVAPCP. Therefore, as determined by the SJVAPCD, compliance with Regulation VIII for all sites and implementation of related control measures (as appropriate, depending on the size and location of the project site) will constitute sufficient mitigation to reduce PMle impacts to a level considered less than significant. The proposed General Plan provides Policy 6.7.1, which is directly related to mitigation of particulate emissions and, through this policy, all development projects are required to minimize the generation of particulate emissions during construction by implementing appropriate dust abatement actions.
As the result of new development that will occur consistent with the Shafter General P1an, stationary and mobile source air pollutant emissions associated with land uses within the City wili occur.
Althôugh some of the future pollutant emissions will occur as the result of previously approved development projects, there will also be pollutant emissions occurring as the result of additional development allowed by the General Plan and Related Actions beyond those which currently exist or are approved.
'l'he use of elech"icity by new homes, businesses, instifutions, and other uses within the Shafter Planning Area will result in area source emissions from increased demand for electrical energy that will be generated at power plants vtilizng fossil fuels. Industrial water heaters, fireplaces, wood heaters, lawn maintenance equipment, and application of paints at individual sites within the Shafter Pianning Area will each emit small quantities of air emissions, which, depending upon the number of índuskial users and residences, are generally the main stationary pollution sources in Shafter, Based on the iatest IIRBEMIS 2002 model, emission factors for future build out year (2030) were determined. The proposed General Plan and Related Actions would generate ROG and NOx emissions that would exceed the project level operations threshold established by the SIVAPCD.
Addiiionally, the rate of increase in VMT and annuai growth percentages resulting from the implementation of the proposed General Plan would result in significant impacts. It is anticipated that ð J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/21/2005)
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the total new vehicular trips and associated VMT of the General Plan and Related Actions wouid result in criteria pollutant emissions which exceed the daily emissions thresholds established by the SIVAPCD. Implementation of the proposed General Plan policies would reduce long-term increase in air pollutants due to vehicle emissions; however, significant unavoidable impacts would remain.
Findings" During construction of the projects permitted under the General Plan and Related Actions, fugitive dust (PM1s) will occur. The proposed daily fugitive dust emissions that will result from the proposed project cannot be quantified; however, the SIVAPCD has determined that compliance with Regulation VIII for all sites and implementation of all other control measures indicated in Tables
4.3.F and 4.3.G (as appropriate, depending on the size and location of the project site) will constitute sufficient mitigation to reduce PMls impacts to a level considered less than significant.
Implementation of the proposed General Plan and Related Actions would generate ROG and NOx emissions that would exceed the project level operations threshold established by the SJVAOCD.
Additionally, the rate of increase in VMT and annual growth percentages resulting from the ìmplementation of the proposed Generai Plan would result in signifîcant impacts. Implementation of the proposed General Plan policies would reduce impacts associated with the proposed General Plan; however, significant unavoidable impacts would remain.
An analysis has been conducted of the consistency of the proposed Shafter General Plan and Related Actions with the San Joaquin Valley Air Pollution Control Plan (SJVACP) and has concluded that the General Plan and Related Actions would not conflict or obskuct the SIVACP. With the addition of a mitigation measure requiring the City's support of the revised SIVAPCD Plan, implementation of the General Plan and Related Actions would have a less than significant impact on the SIVACP.
Facts in Support of Findings. The proposed General Plan covers the Cify, its sphere of influence and ut area extending beyond these boundaries, encompassing atotaT of approximately 46,583 acres.
The impacts of build out of the General Plan are thus actuaily a summary of the individual actions and development permits that will be undertaken throughout the Shafter Planning Area, as opposed to an individual project with project-specific construction information occurring in a single location.
PMle emitted during construction can vary greatly depending on the level of activity, the specifîc operations taking place, the equipment being operated, local soils, weather conditions, and other factors, making quantification difficult. Despite this variability in emissions, experience has shown that there are a number of feasible conh'ol measures that can be reasonably implemented to significantly reduce PMle emissions from construction. The SIVAPCD has determined that compliance with Regulation VIII (as detailed in the DEIR on page 4.3-L5) for all sites and implementation of all other control measures indicated in Tables 4.3.F and 4.3.G (as appropriate, depending on the size and location of the project site and as presented on page 4.3-16 of the DEIR) wili constitute sufficient mitigation to reduce PMle impacts to a level considered iess than signifîcant.
As an exampie, R.egulation VIII íncludes watering before and during grading. The PMro emission generation of a 50 acres of graded area, with a six-month grading cycle and an estimated two-year construction period would result in an avetage estimate of 184 pounds of PMro per day and a daily peak estimate of 735 pounds of PMro which would double without watering before and during grading. Compliance with these rules would also reduce impacts on nearby sensitive receptors to below a level of significance as all appropriate mitigation would be applied and, under the SWAPCD, JTUSERS\ENG-PLAN\IVAYNE\General 9 Pian Update\StaffReports\Final SHAFTER EIR findings.DOC (6/21/2005)
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compliance with these regulations mitigates the impacts to a less than significant level. For additional discussion regarding the short-term construction impacts to air qualiç see DEIR, Section 4.3. As discussed in this section, the impacts to air quality during short-term construction, with the control measures included in Regulation VIII, and as determined by the S¡VAPCD, would reduce short-term construction impacts to less than signifîcant.
Long-term air emission impacts are those associated with stationary sources and mobile sources involving any growth-related change. The proposed General Plan would result in both stationary and. mobile source increases. The stationary source emissions from the various uses would come from the consumption of natural gas. Table 4.3.H 1n the DEIR shows that build out of the General plan and Related Actions would produce 2,423 tonslyear of ROG and 830 tons/year of NOx. These emissions would significantly exceed the operational 10 tons/year threshold for ROG and NOx established by SIVAPCD. An estimate of the increase in vehicle usage within the Shafter planning Area was undertaken by comparing ayerage daily traffic volumes at General Plan and Related Actions build out, as modeled, with the existing avetage daily traffic volumes contained in the Kem COG model.
Based on a comparison of future trafftc volumes, it is estimated that existing land uses account for
27.5 percent of the emissions in Table 4.3.H, andthatfuture land uses will account for 72.5 percent of total emissions, exceeding SVACPD thresholds for ROG and NOx (the only two cntena air pollutants with operational thresholds). Thus, air qualiLy impacts of the ptopor"ã General plan are considered to be significant. The proposed General Plan provides policies to reduce the effects of vehicle emissions in General Pian Policies 6.7.1-7, 6.8.6,2.3.1-4,2.5.7,2.8.1I,2.8.14d.,3.2.I, 3.2.7-
9.,3.3-3-4,3.4.1-4,3.3.6-13,3.5.2-7, and3.6.l-3. Implementation of the policies provided in the proposed General Plan will reduce the projected long-term increase in mobile air pollutants; however, significant impacts would remain. The proposed General Plan does not contain pôli"i"s which would reduce stationary air quality impacts caused by residential uses or other possible stationary sources.
Therefore, Mitigation Measures 4.3.4.3A-E were proposed to reduce this impact. In ad.dition, general approaches from SIVAPCD's Guidefor Assessing and Mitígating Air Quallty Impacts, Januàry 10,
2002, Sections 6.5.2 and 6.5.3 rÃi ere recolnmended. However, even with implementation of the best available mitigation measures, stationary and vehicular emissions would remain significant and unavoidable.
The Council further finds that there are no additional feasible mitigation measures or feasible alternahves that the Council could adopt at this time which would reduce this impact to a less than significant level. To the extent that this adverse impact will not be eliminated or lessened to an acceptable (less than significant) level, the Council finds that specifîc economic, 1egal, sociai, technological, and other considerations identified in the Statement of Overriding Considerations support approval of the Project as modified, despite unavoidable residual impacts. For additional discussion regarding the project's impacts to air quality resulting from stationary sources and increased vehicuiar emissions, see DEIR, Section 4.3.
3.3 Biological Resources
Potentiatr lmpacts. Future development consistent with the Shafter General Plan will result in the alteration of existing biologicai habitats and, in some portions of the study area, the loss of some natural habitat areas. As a result, there could be a decrease in biological diversity, including loss of species identified as a candidate, sensitive, or special status species, as well as riparian, wetland or other sensitive natural communities. Implementation of the proposed General Plan could also J:\USERS\ENG-PLAN\WAyNE\General Plan Update\Staff Reports\Final SHAFTER EIR fìndings.DOC (6/21/2005) 10
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constrict, inhibit, or eliminate wildlife movement within portions of the Planning Area.
Implementation of the General Plan and Related Actions could affect existing and proposed Hubitut Conservation Plans. Implementation of the General Plan would not result in the direct loss of oak trees as oak trees are not found in the Planning Area.
Findings. Implementation of the proposed General Plan and Related Actions will expand urban and rural development into lands that are currently natural or in agricultural production. Listed species known to occur within the Planning Area could be impacted by the development into rud.eral and agricultural areas. Currently, biological impacts and applicable mitigation measures are determined on a project-by-project basis in consultafion with natural resource agencies. General Pian policies focus on avoidance or minimization of impacts to biological resources and habitats. Additionally, the policies ensure that when biological surveys are undertaken, established USFV/S and CDFG protocols, specific to the species in question, are followed. To fi¡rther reduce the impacts to biological resources, additional mitigation measures are proposed. \Mith the implementation of the General Plan policies and compliance with the mitigation measures and applicable State and Federal laws, impacts related to the loss of candidate or listed species would be less than significant.
Accorcling to the DEIR on page 4.4-15, implementation of the proposed General Plan may result in the direct loss of sensitive habitat. The potential for such impacts to be significant would depend upon various factors including, but not limited to, site conditions at the time of project evaluation, the extent of the area potentially affected, quality of the habitat being affected, and the value of the affected habitx at local and regional scales. The General Plan policies focus on avoidance, preservation, and minimization of impacts to biological resources and habitats. Additionally, the policies ensure that when biological surveys are undertaken, established protocols, specific to the species in question, are observed. However, the policies do not specify parameters for compensating for the loss of habitats when avoidaRce or minimization of impacts is considered to be infeasibie.
Therefore, the policies do not fuliy mitigate for the loss of sensitive habitat.In conjunction with the proposed General Plan policies, additional mitigation measures are recotnmended which when combined with the implementation of the General Plan policies reduce the impacts related to the loss of plant and wildlife habitat to a iess than significant level.
There are no nafixal corridors in which wildlife can move freely through the Planning Area, although common and listed wildlife is known to utilize and move through agricultural lands and cross highways within the Planning Area. Within the eastem half of the Piar¡ring Area, east-west wildlife movement is reskicted by the BNSF rail line, Calloway and Friant-Kem Canals, IIP rail line, and State Route 99. The substantial development plarured north of 7th Standard Road within the Shafter Planning Area and also south of 7th Standard Road within the Metropolitan Bakersfield General Plan will further restrict wildlife movement. However, broad areas will remain in open space and agricultural use to the west of Shafter's Çore area, providing for regional wildlife movement. Because there are no natural corridors in which wildlife can freely move through the Planning Area, there are no specific policies regarding natrnal corridors. Also, because sensitive wildlife is known to move through agriculturai lands and cross highways within the Planning Area and the proposed Land Use Program proposes a permanent agiculturaVopen space buffer around central Shafter, the proposed policies will reduce impacts to a less than significant level.
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The Shafter Planning Area covers.the portion of the Metropolitan Bakers{ield Habitat Conservation Pian (MBHCP) located north of 7'h Standard Road. The portion of the MBHCp within the plaruring Area is generally in existing agricultural use and will be converted to urban use under the Coberl| West and Mission Lakes Specific Plans. This future urban area is not designated as an area to be preserved within the MBHCP. The City of Shafter is not a signatory to the MBHCP and, therefore, is not technically bound by the MBHCP. Implementation of the proposed. project could, however, impact the MBHCP. Development in the Plarming Area does not affeõt ttre aUitity of the Kern Water Bank Authorify to sell mitigation credits for its conservation bank. The Valley Floor Habitat Conservation Plan (VFHCP) is in the planning process and the City would participate in the VFHCp when it is adopted. The General Plan policies are directed toward establishing a comprehensive system of open space and thereby creating areas for habitx conservation. However, the iolicies do
not address existing Conservation Plans within the City's Planning Area. Therefore, a mitigation measure covering existing Conservation Plans is recommended. With the implementation of the proposed General Plan policies and the mitigation measure, the General Plan wili have a less than significant impact on Conservation Plans.
tr'acts in Support of tr'indings. According to the DEIR on page 4.4-13, build out of the proposed General Plan will result in the conversion of approximately 35 percent (14,024 acres of deveiopment) of the existing open space and agricultural land within the Shafter Planning Area to urban and rural use. Five species which are listed, proposed, or candidates for listing under the Califomia and.lor the Federal Endangered Species Act were identified as having a moderate to high likelihood of being present within the Planning Area. Because each potentialhabitx type identified within the planning Area would be impacted to some degree by implementation of the proposed General Plan, iti implementation could result in the direct mortality of listed, proposed, or candidate species or ioss of habitat occupied by such species. Currently, undisturbed habitatremains due to habitat loss as a result of agricultural operations and pekoleum production uses. The Environmental Management Program of the proposed General Plan includes Policies 6.4.1-4, which address effects of prospeãtive development on biological resources. These General Plan policies will directly or indirectly àddress the listed, proposed, or candidate species or the loss of habitat occupied by such species. Additionaliy Mitigation Measures 4.4.4.1A and B are recornmended to further reduce impacts to sensitive species and their habitats. The Council hereby directs that these mitigation measures be adopted. The implementation of General Plan policies and the mitigation measures identified above will reduce this impact to a less than significant level.
Development permitted under the proposed General Pian and Reiated Actions may result in the direct loss of sensitive habitat Determining if the impact to sensitive habitat is signifîcant at the current level of planning would require site-specific surveys and analysis that would normally be undertaken as part of the subsequent evaluation of such specific development projects as wouid be proposed to implement the General Plan. In the absence of such on-site analysis, impacts of the proposed project are considered to be significant, subject to the implementation of any measures contained in the General Plan, Coberly West Specific P1an, and Mission Lakes Specific Plan that would. require avoidance or provide mitigation of impacts. The Rio Bravo North Oil Field is designated as resource management zone in the Proposed General Plan Land Use. The salt scrub habitat may be impacted by construction of new facilities in the oiifield, but the iand would most likely remain undisturbed as it has been in the past. Folicies 6.4.I-4 related to ioss of habitat are located in the Environmental .Management Frogram of the proposed General Plan and ensure that when biological surveys are J:\USERS\ENG-PLANW/41'NE\General Plan Update\Staff Reporrs\Final SHAITER EIR findings.DOC (6/21/2005) l2
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undertaken, established protocols, specific to the species in question, are observed. However, the policies do not speciff parameters for compensating for the loss of habitats when avoidance or minimization of impacts is considered to be infeasibie. Therefore, the policies do not fully mitigate for the loss of sensitive habitat. ln conjunction with the proposed General Plan policies, an additional mitigation measure, 4.4.4.2.A, is recommended which establishes baseline ratios for the loss of habitat. The Council hereby directs that this mitigation measure be adopted. The implementation of General Plan policies and the mitigation measure identified above will reduce this impact to a less than significant level.
As stated in the DEIR on page 4.4-t6, certain species, including many plants and birds, are able to pass over, around, or through urban barriers, and may be somewhat less reskicted by habitat fragmentation. Other species, such as deer, small mammals, and larger camivores are more restricted by urban barriers, and require corridors of usable habitatbetween habitat patches in order to thrive.
There are no natural corridors which wildlife can use to move freely through the Planning Area, although common and listed wildlife is known to utilize and move through agriculturai lands and cross highways within the Planning Area. Wildlife known to kaverse agriculturai lands includes the bun'owing owl (, thene cunicularia hypugea), San Joaquin kit fox (Vulpes macrotis),badger (Taxidea taxus), and spadefoot toad (Spea hammondii). As land use development proceeds under the proposed General Plan, wildlife movement would be increasingly inhibited and funneled through thc rcmaining agricultural and open space lands. As proposed, there is a band of agricultural land that will be preserved around the City of Shafter which will allow for wildlife movement. Within the area east of State Route 43, wildlife movement wouid be restricted south and east of Shafter's core area.
However, broad areas will remain in open space and agricultural use to the west of Shafter's core area, providing for regional wildlife movement. General Plan Polices 6.2.3 and 6.4.I-4 indirectly address impacts to wildlife movement. Because there are no natural corridors in which wildlife can freely move through the Planning Area, there are no specific poiicies regarding natural corridors.
Aiso, because sensitive wiidlife is known to move through agricultural lands and cross highways within the Planning Area and the proposed Land Use Program proposes a permanent agricultural/open space buffer around central Shafter, the proposed policies will reduce impacts to a less than significant level.
Based on a review of available documents (MBHCP, August 29, 1994),1ands that are norÃ/ within the Shafter Planning Area were never contemplated as preserve lands, but were identified as availabie for continued agricuitural use or for development and subject to the payment of mitigation fees. There are two permittees under the MBHCP, the City of Bakersfield and Kem County. Since the Cify of Shafter is not a permiftee under the MBHCP, Shafter could not collect the required mitigation fees under the MBHCP. As developers' needs to compensate for the loss of certain species and their habitats increase with the implementation of the General Plan and Related Actions, the ability of the Kern Water Bank Authority to sell mitigation credits may increase, The DEIR policies related to preservation of open space areas are 6.2.1 md 6.2.3-4. The policies are directed toward establishing a comprehensive system of open space and thereby creating areas for habitat conservation. As there is no existing approved Countywide Conservation Plan, the City has shown through policies its wiilingness to participate in such plans, should they be created, However, the policies do not address existing Conservation Plans within the City's Plarming Area. Therefore, a mitigation measure,
4.4.4.4.^. covering existing Conservation Plans is recommended. Under this mitigation, if an agreement is reached with the Cify of Bakersfield and Kern County, the Cify would collect fees and pass them on to the appropriate agency for the Planning Area within the MBHCP. If no agreement is i:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/21/2005) t3
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reached, then the area within the MBHCP would follow the Cify's adopted habitat presavation replacement ratio of 1:1. With this mitigation measure, compensation would be made for the loss of biological species and habitats. The Council hereby directs that this mitigation measure be adopted.
The implementation of General Plan policies and the mitigation measure identified above will reduce this impact to a less than signifîcant level.
Further discussion of impacts to Biological Resources is located in the DEIR beginning on page 4,4-r.
3.4 Cultural Resources
Potential fmpacts. As determined in the DEIR on page 4.5-9, build out on vacarfi or open areas permitted by the General Plan and Related Actions would require disturbance of vacant lands and open lands and could cause the destruction or loss of significant paleontological resources, disturbance to buried human remains, buried archaeological resources, and the possible conversion of existing structures to new uses (e.g., historic homes into office space). Development allowed by implementation of the proposed General Plan could cause the destruction of or ioss of an historical resource, as defined in CEQA Guidelines, Section 15064.5.
Findings. The proposed General Pian would allow development of skuctures within areas that contain high sensitivity forpaleontological resources and this includes the area within ArnexationTT andPre-Zoning Area, Coberly West Specific Plan, Mission Lakes Specific Plan, and the properties within the proposed Williamson Act contract cancellations. Although no reports of fossils from within Planning Area were identified during a records search conducted through the LACM and the University of California, Berkeley (see Appendix A of the Paleontoiogical Resources Technical Study), significant vertebrate fossils have been found in the same sediments outside of the Planning Area and are, therefore, likely to occur within the Planning Area when exposed by excavation. The proposed General Plan includes Policy 6.6.3 that requires, as a standard condition of development, that if paleontological resources are encountered during site grading that grading is to be halted untii a qualified paieontologist evaluates and records the find. This policy applies to development within the Planning Area which includes the AnnexationTT andPre-Zoning Area, Coberly West Specific Plan, Mission Lakes Specific Plan, and the properties in the Williamson Act contract cancellations. With adherence to the proposed General Plan policies, impacts to paleontological resources would be reduced to a less than significant level.
While only fwo prehistoric resources have been discovered within the Planning Area, less than onefifth of the Planning Area has been suweyed for cultural resources (LSA Associates, Inc. 2005). Due to the small percentage of the Planning Area which has been surveyed for prehistoric resources, pending a cultwal resources survey of the balance, the majority of the Planning A¡ea should be considered sensitive for the presence of prehistoric resources. The proposed General Plan includes poiicies which require developments to analyze archaeological resources in accordance to CEQA guidelines. However, the policies do not determine what shouid be done should human remains be encountered and Mitigation Measure 4.5,4.2A was recommended to cover that situation. Mitigation Measure 4.5.4.2A requires that if human remains are found, no further disturbance shal1 occur until the Kern County Coroner has been notified and has made a determination of origin and disposition of the human remairls. If the coroner determjnes that the burial is not historic, but prehistoric, the Native J:\USERS\ENG-PLAN\WAYNE\General Plan Update\StaffReports\Final SHAFTER EIR findings.DOC (6/21l2005) 1ÁlPage 545 of 961
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American Heritage Commission must be contacted to determine the most likely descendant for the area. This process establishes a procedure to handle human remains and document any historic significance. With the proposed General Plan policies and mitigation measure, impacts to archaeological resources and disturbance to buried human remains would be less than significant.
Implementation of the proposed General Plan may disturb or destroy existing historic structures and resources through the construction of new residential, commercial, institutional or industrial buildings, and/or new infrastrucftre such as roadways and utilities. Research conducted as part of the Cultural Resource Assessment (LSA Associates, Inc. 2005) indicates more than 100 residences and other buildings were constructed prior to 1954 within the Planning Area (USGS 1953, 1954). The City of Shafter has had a long-term interest in historical preservation and is committed to historicai preservation as evidenced by the inclusion ofhistoricai preservation policies in the proposed General Plan which reduce the impacts of implementation of the General Plan and Related Actions to less than significant.
Facts in Support of Findings. Significant paleontological resources are fossils or assemblages of fossils that are unique, unusual, rare, uncommon, diagnostically or stratigraphically important, and those that add to an existing body of knowledge in specific areas, stratigraphically, taxonomically, or regionaily. Two fossii mammoths have been located in Pleistocene sediments similar to those within the Planning Area at six feet of depth. The concept of reducing impacts to levels below significant involves removal of nonrenewable paleontological resources from the field of evacuation as they are exposed and, if possible, prior to damage by excavation. Although not all fossils present will be recovered by the program of excavation monitoring and salvage, it is important to recover a significant fossil assemblage that would not have been recovered if ihe monitoring and recovery program had not been in piace. The proposed General Plan Policies 6.6.1-3 require new development to provide a paleontological monitoring and recovery program thus reducing the impacts of implementation of the General Plan and Related Actions to a less than significant level.
As determined in the DEIR on page 4,5-LL, the two recorded isolated prehistoric artifacts mentioned above are not considered representative samples of prehistoric resources. Given the amount of undisfurbed land or agricultural land that remains ava1lable for development, there remains the possibility that cultural resources may be disturbed through grading activities. General Plan Policies
6.6.7-3 provide guidance regarding archaeological resotrces and, as a standard condition of development, indicate that if archaeological resources are encountered during site grading, that grading is to be halted until a qualified archaeoiogist evaiuates and records the find. In accordance with State law regarding the discovery of human remains, Mitigation Measure 4.5.4.2Ã is recommended. The Council hereby directs that this mitigation measure be adopted. The implementation of General Plan policies and the mitigation measure identified above will reduce this impact to a less than significant level.
While many of the historic buildings and structures identified from research have 1ike1y been removed, some remaining historical structures may still exist within the Planning Area. The proposed General Plan provides policies which protect historic resources in Policies 6.6.4-7 .Impiementation of the proposed General Pian policies wiil require evaluation of new development in relationship to existing historical structures as weil as the identification and preservation of existing significant histoncal strucfures with various alternatives to demolition of these structwes considered, inciuding J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHAITER EIR findings.DOC (612112005) 15
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adaptive reuse of historic buildings for contemporary uses. With new development required to adhere to these poiicies and the focus on preservation of existing historicai structures, future development in the Planning Area, the City, the ArrnexatiortTT andPrc-Zoning Area, Coberly West Specific Flan, Mission Lakes Specific Plan, and the area in the'Williamson Act contract cancellations wili have a less than significant impact on historical structtres or resources.
For additional discussion regarding the project's impact to cultural and paleontological resources, see DEIR, Section 4.5.
3.5 Geology and Soils
Potential Impacts. The City of Shafter has and will continue to be subject to ground shaking resulting from activify on local and regional faults. As stated in the DEIR page 4.6-12. future development permitted by the proposed General Plan may increase the potential for property loss, iruury, or death resulting from this ground shaking hazard. Soils susceptible to subsidence may be affected by a variety of natural or human activities, including earthquakes and the withdrawal of subsurface fluids. Future proposed General Plan development within the City would increase the potential for the placemetrt of structures and facilities in areas susceptible to subsidence. Areas exposed during development activities would be prone to erosion and/or the loss of topsoil. Future development within the Planning Area would increase potential placement of residential and nonresidential structures within areas susceptible to damage resulting from collapsible and expansive soils. Impacts to these issues are potentially significant with the implementation of the General Plan and Related Actions.
Although the Planning Area is located within a seismically active region of the State, it does not contain any active faults. Some older, inactive faults run through the westem and southwestern portions of the Planning Area; however, because these faults are inactive (they have not moved within the last 3 million years), they are not considered a source of potentialhazard for rupturing. Future development permitted by the General Plan will not result in the exposure of people or structures to fault rupture hazards. Likewise, development permitted within the Annexation 77 and Pre-Zoning Area-which includes the Coberly'West and Mission Lakes Specific Plans and the Williamson Act cont¡act cancellation properties-will not result in the exposure of people or skuctures to fault rupfure hazards as no known active faults are located within the boundaries of the A¡¡exation Area
77. Therefore, impacts associated with the rupture of a known earthquake fault in the Planning Area, which includes the Annexation Area, are less than significant.
Liquefaction is a deskuctive secondary effect of strong seismic shalcing, which occurs primarily in saturated, loose, fine-to-medium-grained soils in areas where the groundwater table is within 50 feet of the surface. Shaking suddenly increases pore water pressure, causing the soils to lose strength and behave as a iiquid. Liquefaction-related effects include loss of bearing strength, ground oscillations, lateral spreading, and flow failures or slumping. Although soil conditions exist that might be conducive to liquefaction, groundwater is deep enough that liquefaction potential does not occur in the Planning Area, which includes the A¡nexatíon 77 andPre-Zoning Area of which Coberly West Specific Pian, Mission Lakes Specific P1an, and the properties considered for 'Williamson
Act
cancellation are apart. Therefore, impacts associated with this issue are less than significant.
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Landslides and siope stabiiity are arclatively minor hazard within the Planning Area, which includes the Annexation 77 and Pre-Zoning Area boundaries of which Coberly West and Mission Lakes Specific Plans and the proposed Williamson Act cont¡act cancellation properties are aparl. The slope hazards are minor since there are only minor changes in topography and no steep slopes. Future proposed General Plan development within the Plaruring Area wouid not increase the potential for the placement of structures and facilities in areas susceptible to slope failure. Therefore, impacts associated with this issue are less than significant.
Findings. As stated in the DEIR on page 4.6-12, the Shafter General Plan Area will be subject to moderate to severe ground shaking associated with earthquakes on the nearby regional fault system throughout the study area. This ground shakJng can be expected to result in substantial damage to individual buildings within Shafter, even though earthquake epicenters may be located outside of the study area. The City of Shafter has ìdentified minimizing the risk of property damage and personal injury resulting from seismic and geoiogichazards as one of its guiding policies in the Environmental Hazards Program of the proposed General Plan. With the implementation of the proposed General Plan policies, the impacts related to ground shaking will be reduced to iess than significant.
Duc to thc thick scdimcntary deposits, the Planning Arca-r,vhich includcs thc Armcxatíon 77 and Pre-Zoning Area where Coberly
'West
and Mission Lakes Specific Plans plus the properties under consideration for removal from Williamson Act contract-is susceptible to ground subsidence.
Additionally, the area is susceptible to subsidence due to the pumping out of water and oi1. The EnvironmentalHazards Program of the proposed General Plan includes Policies 7.2.I tbrough7.2.8 to reduce the potential impacts associated with development in areas where soils susceptible to subsidence are present to a less than significant level.
Soil erosion and ioss oftopsoil can be associated with groundbreaking excavation activities, such as grading or cut and fill for new development and plowing of agricultural fields. An increase in population anticipated by the City's proposed General Plan would cause an increase in residential and non-residential structures, and allow new and continued agricultural activities resulting in alteration to and loss of existing topsoil. Proposed General Plan Policy 7.2.4 covers the strength, expansion, and settlement of soil; however, it does not specifically address soil erosion or topsoil. Additional mitigation measures covering soii erosion are ÍecoÍrmended. With impiementation of the proposed General Plan policy, the Califomia Building Code, and the mitigation measures, the impacts from soil erosion will be reduced to a less than significant level in the Generai Plan Planning Area which incltrdes Annexation 77 and Pre-Zoning Area, Coberly
'West
Specif,rc P1an, Mìssion Lakes Specific
Plan, and the properties covered by the proposed Wiliiamson Act contract cancellations.
Implementation of the proposed General Plan may result in the construction and occupation of skuctures within areas underlain by expansive soils. Expansive soil conditions (as defined in Table 18-1-B of the IIBC, 1994), if not properly mitigated by site preparation and/w foundation design, can cause substantial damage to structures and other improvements over time. Most of the Planning Area is made up of soils that have a low shrink-sweil potential, with the exception of an area in the western portion of the Flanning Area. Build out of proposed General Plan will increase the number of persons, residentiai r-nit-s, a.nel non-re,sidential elevelopment that worrld oeeur on these soils; the-refore, polieies are identified in the General Plan to ensure that potentially significant impacts associated with future development within the Planning Arearemain less than significant.
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Facts in Support of Findings. The City of Shafter Planning Area-which encompasses the A¡nexafion 77 and Pre-Zoning Area along with the Coberly West Specific Plan, Mission Lakes Specific Plan, and proposed Williamson Act contract cancellation properties-is located in Seismic Zone Classification 4, an area that is subject to moderate to severe ground shaking as a result of its proximity to several active faults and the alluvial soils that underlie the Planning Area. Development within the Planning Area must conform to design and construction requirements set forth in the Unifonn Building Code (IBC) for development within Seismic Zone 4 and City or State seismic safety requirements. The General Plan includes Policies 7.2.L tlvough 7.2.8 which reduce or minimize the effects associated with ground shaking and on residences and habitable structures. The policies minimize the effects of ground shaking by requiring all new development to comply with the most recent Uniform Building Code's seismic design standards, encouraging retrofîtting of highoccupancy skuctures to meet existing code requirements, and requiring geologic and soils reports with appropriate project development standards for all development. The General Plan policies listed above ensure that new developments adhere to the IIBC, ensure that the propff studies take place prior to development, and encourage safeguards from fault hazards. With the implementation of the proposed General Plan policies, the impacts related to ground shaking will be reduced to less than significant.
The Plarrning Area is located in the San Joaquin Valley where water users have been pumping large amounts of groundwater for irrigation at much greater rates than the water is replaced by rainfall and percolation according to the DEIR on page 4.6-14. V/ith the construction of irrigation canals for farming use and the creation of the water spreading grounds to replenish the aquifer, the rate of subsidence appears to have slowed. The San Joaquin Valiey is also a large producer of oil and the Planning Area contains an oilfield. Although most of the oilfields extract oil from {ields too deep to cause subsidence, pumping out oil from shallow reservoirs can also cause subsidence. Proposed General Plan Policies 7.2.1 through 7.2.8 provide requirements to identiSr, evaluate, and mitigate potentiai impacts associated with ground subsidence within the Planning Area, which includes Annexation 77 andPre-Zoning Area, Coberly West Specifîc P1an, Mission Lakes Specific P1an, and the properties under consideration for Williamson Act contract cancellation. Therefore, implementation of the aforementioned policies would reduce significant adverse impacts resulting from this issue to a less than significant level.
As stated in the DEIR on page 4.6-15, an increase in population anticipated by the City's proposed General Plan woulcJ canse an increase in residential and non-residential structures, and allow new and continued agricultural activities resulting in alteration to and loss of existing topsoil. In addition, exposure of underlying soils during landform modifications substantially increases the potential for soil erosion. The General Plan includes Policy 7.2.4 which covers the strength, expansion, and settlement of soil; however, it does not specifically address soil erosion or topsoil. Additional mitigation measures are necessary with regard to soii erosion and are recommended and provided in Mitigation Measures 4.6.4.3.A and B. These mitigation measures provide that new development follow erosion and sedimentation control measures to maintain the capacify of area storm drains, reduce erosion and the loss of topsoil, and protect water quality. The control measures used to minimize erosion and sedimentation are the BMPs. The Council hereby directs that these mitigation measures be adopted. The implementation of these mitigation measures and the General Plan policy will reduce impacts to a less than significant level. The Council therefore finds that changes or J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/21/2005) 18
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alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment.
Expansive soiis are those soils with a significant amount of clay particles that have the ability to give up water (shrink) or take on water (swell). When these soils shrink or swell, the change in volume exerts significant pressures on loads (such as buildings) that are placed on them. Implementation of the proposed General Plan may result in the construction and occupation of structures witfun areas underlain by expansive soils. The proposed General Plan requires, in Policy 7.2.4, sail reports within areas suspected of having problems with collapsible and expansive soil conditions. The findings of these reports will be incorporated into the project development standards to ensure that structures designed for human occupancy will not be in danger of collapse or significant structural damage. In addition to the requirement for a soil report, project development requirements of the IIBC will be enforced as stated in General Plan Policy 7.2.l.With implementation of the proposed General Pian policies, the impacts related to collapsible and expansive soils will be reduced to a less than significant level.
Additional information on geology and soiis is located in the DEIR beginning on page 4.6-\.
3.6 Hazardous andHazardousMaterials
Potential Inapacts. As was analyzed in the DEIR for the General Plan on page 4.7-11, implementation of the proposed General Plan may resuit in uncovering previously unknown hazardous materials contaminated from historical use of properfy and exposure of persons to agricultural chemicals. As new commercial and industrial uses locate within Shafter and as new residential uses are constructed pursuant to the General Plan, the potential for storage, use, generation, and transportation of hazardous materials will increase, with associated inoreases in health and safety hazards. Build out of the proposed General Plan may also impair impiementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. In addition, implementation of the proposed General Plan may be incompatible with the Shafter/Minter Field Airport Safety Zones and thereby expose persons to unsafe conditions.
Findings. Many properties in the Planning Area were developed prior to the existing hazardous materials standards. As these properties are redeveloped, there is the likelihood that hazardous materials such as asbestos-containing materials and/or lead-based paint could be encountered, particularly in buildings constructed prior to 1978. The improper handling and disposal of asbestos andlor iead-based paint associated with demolition could pose a potential health rísk to people, as stated in the ÐEiR on page 4.7-12. There are many vacant parcels within the Planning Area which could be sites of earlier development or unknown dumping of potentially hazardous materials. Many acres in the Planning Area which are designated for development in the General Plan-including Armexation 77 and Pre-zoning Area, Coberly'West Specific Plan, Mission Lakes Specific Plan, and the properties proposed for Williamson Act contract cancellations-are currently or v/ere previously used for agriculture and, as a result, have the potential to contain concentrations of agricultural chemicals due to iong-term application of pesticides. These agricultiral chemicals may contaminate ihe soiis; however, it is uniikeiy thai any such contamination or ciistur"oance wouici be extensive beyond the capabilities of typical remediation measures which are covered in the Kern County and Incorporated Cities Hazardous
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Recycling Eiement. The potential risks to human health due to urban development near agricultural uses have been reduced by the requirement for buffers between the uses in thè General plaã policies.
In addition, mitigation measures have been identified to reduce potential impacts to a lãss than significant level.
As stated in the DEIR on page 4.1-L4, generally, the largest users and generators of hazardous wastes are industrial businesses. Also, industrial uses are commonly the largest transporters of hazardous materials. Therefore, the greatest risk of exposure to hazardous materials, wastes, or emissions is in the industrial areas and the areas immediately adjacent to them. The proposed land uses in the General Plan generally separate the industrial uses from the sensitive land uses, such as residences and schools, with a street, railroad tracks, or intervening land use. The sensitive land uses (residential and schools) within Annexation 77 and Pre-zoning Area, Coberly West Specific Plan, and Mission Lakes Specific Plan are separated from proposed industrial uses by intewening land uses and/or streets. These buffers lessen the risks of exposure to hazardous materials by increasing the distance from the possible sources. Recognizing the importance of protecting public safety relating to the handling and exposure of the community to hazardous materials, the proposed General Plan policies address this issue through monitoring compliance with local, State, and Federal regulations. The policies also seek a reduction inhazardous materials users and generators through the encouragement and assistance in the reduction of hazardous waste from businesses and homes in the City. With the implementahon of the proposed General Plan policies, the impacts to the community of new hazardous users would be reduced to less than significant levels.
The new residential and non-residential structures which would be conskucted \ /"ith the implementation of the General Plan-which includes A¡nexation 77 and Pre-zoning Area, Coberly West Specific Plan, Mission Lakes Specific Plan, and the properties within in the proposed Wiiiiamson Act contract cancellation area-are not currently included in adopted emergency response plans. The increase in population and resulting potential traffic congestion could cause emergency response delays. As stated in the DEIR on page 4.7-17, as the new structures and roadways are constructed in the area covered by Kem County, the County emergency plans would be updated to reflect the new developments. Adopted emergency response plans and emergency evacuation procedures within the Shafter City limits are also regularly updated to reflect new and existing development. The proposed General Plan policies ensure that emergency preparedness programs arc mairftained and properly coordinated throughout the Planning Area. With the impiementation of these policies, the impact of new development on emergency plans would be less than significant.
As stated in the DEIR on page 4.7-L9, the Shafter Airport/Minter Field Master Plan Update provides compatibility zones for the one-mile radius around the airfield. Uses within the various zones are limited by the Airport Plan to developments compatible with airport operations. The Shafter General Plan proposes industrial, commercial, or agricultural land uses within these compatibility zones, which are land uses compatible with the Airport Master Plan. The proposed General Plan policies ensure that airport compatibility is managed to ensure the safety of both the airport and surounding area. With the implementation of the Generai Flan iand uses and these policies, the impact of deveiopment on airport safety would be less than significant in the Planning Area, which includes the Annexation andPre-zoning Area, Coberly West and Mission Lakes Specific Plans, and the properties within the prop osed'Wil liamson Act contract c anc ellations.
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Facts in Support of Findings. General Plan Policies 2.4.2, 2.4.5, 2.4.6, 2.4.!0, 7.5.1, and 7.5.13 cover the monitoring of hazardous materials in existing development which would assist in the discovery of hazardous materials should redevelopment or new developments occur. In addition, should contamination be found or disturbed, existing Federal, State, and local regulations and procedures would require the delineation and remediation of sites containing hazardous substances to the satisfaction of the designated local enforcement agency. Moreover, it is unlikely that any such contamination or disturbance would be extensive beyond the capabilities of typical remediation measures which are covered in the Kern County and Incorporated Cities Hazardous Waste Management Plan or the City's Source Reduction and Recycling Element. The reason that extensive contamination is unlikely is because agriculture is generally the existing and former use of the areas to be developed under the General Plan and agriculturally induced contamination responds to fypical remediation measures. In addition, Mitigation Measures 4.7.4.1A through C will further reduce the impacts of potential hazardous materials associated with development. In these mitigation measures, all new discretionary projects are subject to site assessments for hazardous materials as required by the County Department of Environmental Services; soils will be tested for concenkations of agricultural chemicals and treated according to local, State and Federal standards; and fugitive dust will be controlled as set forth by the SWAPCP. These measures further ensure that potential hazardous materials contamination is identified and remediated before it creates a health risk. The Council hereby directs that these mitigation measures be adopted. The implementation of General Plan policies and the mitigation measures identified above will reduce this impact to a less than significant level.
Hazardous materials are commonly used by all segments of society including manufacturing and service induskies, commercial enterprises, agriculture, military bases, hospitals, schools, and households. If improperly handled, stored, or disposed of, these materiais can have substantial heaith and environmental consequences. While the risk of exposure to hazardous materials cannot be eliminated, adherence to General Plan Policies 7 .5.2 through 7 .5.13 plus compliance with regulations, standards, and guidelines relating to storage, use, and disposal of hazardous materials established by the Environmental Protection Agency, State, County, and iocal agencies will reduce the potential risk of hazardous materials exposure to a less than significant level within the Planning Area, which inciudes Annexation 77 and Pre-zoning Area, Coberly West Specific Plan, Mission Lakes Specific Plan, and the properties under consideration for Williamson Act conkact cancellations.
Proposed Generai Plan Policies 7 .6.I through 7.6.5 ensure that emergency preparedness programs are maintained and properiy coordinated throughout the Planning Area. The policies also address the regular review of these programs to further ensure the safety of the City and areas within the General Plan Planning Area-which includes Annexation 77 and Pre-zoning Area, Coberly West Specific Plan, Mission Lakes Specific Plan, and properlies withín the Williamson Act contract canceilation area-during and after disasters. With the implementation of these policies, the impact of new development on emergency plans would be less than significant.
The safety of people and properly near an airport is the fundamental objective of airport/land use compatibility. Proposed General Flan Polícies 7 .4.l through 7.4.3 ensure that airport compatibilify is rnnnqc¡erl fô êincrrre fhe qafel-¡ of hoth the airnort and strroun åinr' area The nolicies renuire the Citv to ---__'--__-_-_o [--_---- --a----- -^^- -^-J
--
manage the uses sr.rrounding airport facilities at Shafter Airport/IVfinter Field and Meadows Fieid/Kern County consistent with the airport compatibiiity zones surrounding the airports. The J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/21/2005) 21
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policies also address the regular notifîcation of area businesses and residents regarding aircraft activities in overflight areas and adherence to State regulations regarding airport land issues. V/ith the implementation of the General Plan land uses and these policies, the impact of development on airport safefy would be less than significant in the Planning Area, which includes the Annexation and Pre-zoning Area, Coberþ'West and Mission Lakes Specific Plans, and the properties within the prop osed Williamson Act contract c ancellations.
Additional discussion of hazards andhazardous materials is located in the DEIR beginning on page
4.7-t.
3.7 Water Resources
Potential Impacts. Implementation of the Shafter General Plan may increase the demand for water and may contribute to the depletion of grorindwater supplies. New development permitted pursuant to the General Plan will increase the amount of impervious surfaces and result in the loss of water recharge areas. Build out of the proposed General Plan may increase the demand for water services such that it exceeds the existing and planned facilities. During future construction activities and postconstruction uses associated with build out of the General Plan, water quality or waste discharge requirements may be violated. The increase in demand for water due to General Pian pennitted uses may affect watet availability for emergency f,re flow.
Findings. Urban water services will be provided within the Planning Area by two water purveyors:
the City of Shafter and Oiidale Mutual Water Company. The City of Shafter will be the water purveyor for the area within the existing 1993 General Plan Study area. Water uses and sources are not anticipated to change substantially within the City of Shafter Water Purveyor area over those provided in the 7993 General Plan. Shafter's proposed General Plan land uses will result in a 59 percent reduction in groundwater demand. This positive change is made possible through the reuse of 70 percent of all wastewater and the reduced demand that industrial uses have over agricultural uses.
A dual water system will be used in the Oildale Mutual W-ater Company Service Area. One system will provide irrigation water while the other will provide water for all potable uses attached to each building unit (residential, industrial, commercial, etc.). The total demand for groundwater in the Oildale Muhral
'W'ater
Company Service Area will be less than current demands for agricultural purposes. The potable water supply to be delivered to structures within the Oildale Mutual Water Company Service Area will come from naturally recharged sources and replenished groundwater within the service area of Oildale Mutual
.Water
Company. The existing capacily of both the City of
Shafter'W.ater Service and Oildale Mutual
'Water
Company, including Oildale Mutual's use of a dual
water system, ensures a sufficient water supply for the land use proposed under the General Plan Update. The impacts to water resources from development within the Shafter sphere of influence will be less than significant \ 4th implementation of the General Plan Update. Because availability of water for urban areas outside of the Shafter sphere of influence-but within the Shafter Planning Area-has not been demonstrated, urban development outside of the City's sphere of influence would result in a significant unavoidable impact on water resources.
The groundwater pumped by the City comes from the Kern County Water Basin, which is replenished mainly from outside surface supplies and rainfall. Efficient groundwater recharge {epends on a variety of conditions including permeable surfaces. Increased development reduces the amount of J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHA¡TER EIR findings.DOC (6121/2005) 22
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permeable surfaces suitable for recharge, increases the rate and volume of runoff and the subsequent flow of water in stleams, and increases the amount of oil and grease and other non-point source pollutants that enter streambeds and recharge areas. The proposed General Plan policies protect existing water recharge and promote the use of surface water resources, thereby reducing the potentiai impacts of the proposed General Plan below a level of significance.
New development within the Planning Area pursuant to implementation of the proposed General Plan will require the installation of additional water transmission and distribution lines. Much of the proposed new development is located outside of existing public water service areas and, therefore, water transmission and distribution lines have not been installed. New pipelines required for new development will be installed and/or financed by the developer which includes the developers of the Coberly West and Mission Lakes Specific Pians. The City may also levy impact fees in accordance with Govemment Code Section 66000 for the development of water facilities. With the General Plan policies in place, the impacts associated with the distribution of water would be reduced to less than a significant leve1.
Future construction, grading, and excavation would cause temporary disturbance of surface soiis which would likely produce siit and debris during runoff, resulting in a short-term increase in the sedir¡relt loatl uf the stolr¡r tlraitr systetrr servitrg the City. Federal law lequiles l.ire Cil.y of Shaflcr to implement the provisions of the National Pollutant Discharge Elimination System Q.IPDES) for
municipal and private projects to protect groundwater recharge areas from construction runoff and other potential sources of pollutant runoff. Therefore, adherence to the General Plan policies and implementation of FederalTa'u, will reduce impacts related to water quality to less than significant.
The volume of water allocated for emergency uses is fypically determined based on the historical record of emergencies experienced and on the amount of time expected to lapse before an anticipated emergel'lcy can be corrected. The Cify of Shafter recognizes the importance of maintaining adequate fire fiow in a General Plan policy. V/ith the General Plan policy in place, the impacts on fire flow from the implementation of the proposed General Plan would be reduced to a less than significant level.
Facts in Support of Findings. As stated in the DEIR on page 4.8-15, the City of Shafter wili be the water purveyor for the area within the existing 1993 General Plan Study Area. This is a large area comprising 77 ,468 acres, of which a major portion is currentþ in agricultural use and is proposed to remain so. Of the 17,468 total acres, over 6,000 acres wili remain in agricultural use and 5,598 acres are proposed for industrial uses.
'Well
over 50 percent of the total water demand in the area will remain agricultural. According to the DEIR on page 4.8-11, the total demand for groundwater in the Oildale Mutual W'ater Company Service Area will be less than current demands for agricultural purposes. Currently, totai agricultural demand is estimated at 15,678 acre-feet of which approximately L0,269 acre-feet are provided by North Kern Water Storage Diskict through repienished groundwater. Total demand for proposed land uses in this portion of the Shafter Planning Area is estimated at 12,329 acre-feet of which 8,840 acre-feet are for irrigation purposes and3,489 are for potable domestic purposes. Approximately 4,799 acre-feet of replenished groundwater wili be nrrmnarl fi-nm rx¡ìfhin the NInrth T( em \Ãf qler Sfnrqoc Tliefrint qreq fa maal ir¡i¡ati^- .oo.lo -',hì^h i" rvrf ¡¡vvv9,
substantially less than the estimated 10,269 acre-feet of replenished groundwater currently being pumped for agriculture. The above analysis demonstrates that Oildale Mutuai Water Company, with J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/2112005) ¿J
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its dual water system, will adequately provide water service to the entire southeast Plan Area or proposed Norlh of the River Municipal Water Diskict expansion area. The City of Shafter has existing capacily for its service area. The General Plan policies identified provide provisìons that will adequately protect water resources throughout the Planning Area. Based on the above analysis, the General Plan Update as proposed with Policies 4.2.I through 4.2.3,4.2.5,4.2.6,6.3.1-5,6.3.7, and
6.3.9 would not have a signifìcant impact on water resources. Because availability of water for urban areas outside of the Shafter sphere of influence-åut within the Shafter Planning Area-has not been demonstrated, urban development outside of the City's sphere would result in a significant unavoidable impact on water resources. The Council further finds that there are no additional feasible mitigation measures or alternatives that the Council could adopt at this time which would reduce this impact to a less than significant level. To the extent that this adverse impact will not be eliminated or lessened to an acceptable (1ess than significant) level, the Council finds that specific economic, legal, social, technological, and other considerations identified in the Statement of Overriding Considerations support approval of the project as modified, despite unavoidable residual impacts.
The groundwater pumped by the City comes from the Kern County Water Basin, which is replenished mainly from outside surface supplies and rainfall. Typical groundwater recharge progmms artificially replenish grotrndwater in wet years with surplus imported water. Water is withdrawn from groundwater reserves during periods of drought or during emergency situations. Proposed General Plan Policies 6.3.8 and 6.3.11 protect existing water recharge and promote the use of surface water resources, thereby reducing the potential impacts of the proposed General Plan below a level of significance.
The sphere of influence is generally currentiy served by agricultural water sen ices which use canals for diskibution. Therefore, the current water users do not require water transmission or disti"ibution lines. New pipelines required for new development wili be installed and/or financed by the developer which includes the developers of the Coberly West and Mission Lakes Specific Plans. Policies 2.10.6,
2.10.7, and 4.2.1 through 4.2.6 in the proposed General Plan address the issue of Shafter's water distribution in the Planning Area.
'With
these policies in place, the impacts associated with the diskibution of water would be reduced to less than a significant level.
Pursuant to Kern County requirements, new development would be required to provide for its own on-site retention or show that existing facilities have sufficient capacity to carry the additional runoff.
In addition, source-control Best Management Practices are required by the Regional Water Qualrty Control Board in its water discharge permits. All new deveiopment, inciuding the development proposed in the Coberly West and Mission Lakes Specific Plans, would be required to comply with these legallregulatory requirements. Adherence to General Plan Policies 4.5.4,6.3.6, and 6.3.10 and implementation of Federallaw will reduce impacts related to rvater quality to less than signi{icant.
Because the occurrence and magnitude of an emergency situation is not subject to accurate evaluation, the volume of emergency storage is generally based upon engineering judgment andlor utiiity polícy. Through implementation of General Plan Policy 4.8.5, adequate fire flow will be ensured for ail new and existing developments which include the Coberly West and Mission Lakes Specific Plans. Under General Plan Policy 4.8.5, provisions to provide for adequate fîre flow must be demonskated in the development review process. V/ith the General Plan policy in place, the impacts on fire flow from the implementation of the proposed General Pian would be reduced to a less than significant levei.
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Further discussion of the impacis to Water Resources can be found in the DEIR beginning on page
4.8-1
3.8 Land Use and Agricultural Resources
Potential fmpacts. According to the DEIR for the General Plan on page 4.9-10, implementation of the proposed General Pian would result in changes to existing land use designations in certain areas which could negatively affect the existing pattern of development as well as the surrounding uses.
These land use designations wouid result in conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural uses, as stated in the DEIR on page 4.9-17. lmplementation of the proposed General Plan could conflict with existing zoning for agricultural use, or a Williamson Act contract.
Findings. One of the pnmary purposes of land use planning in the General Plan is the generation of a land use plan which represents the City's vision of its future. The City is proposing to expand the uban core with mainiy residential land uses in the westem section of the City limits and create fwo large industrial areas: one in the southeast section and one around the Shafter/Minter Field. The character of the sphere of influence will also change. The predominant pattem in the sphere of influence north of 7tr' Standard Road will be residential communities with commercial services created through the implementation of Specific Plans. These proposed land uses are shown in Figure
4.9.4 in the DEIR. Currently, that area is predominantly agricultural and, with General Plan build out, the existing agriculhral pattern would change to a large residential communify. Agricultural land use patterns will still predominate in the remaining Planning Area of the General Plan. The proposed General Plan policies provide for gror,vth while protecting the existing land uses. In addition, the General Plan policies firther the vision of the City as the location of diverse employment and housing opportunities through the expansion of the indush-ial areas and through the designation of Specific Plan areas for new residential communities. The proposed General Plan recognizes the City's unique economy through designation of large areas for agricultural and industrial land uses. The proposed policies in the General Plan cover possible land use conflicts while addressing standards for new development. With the implementation of the General Plan policies, the impacts to land use changes will be reduced to less than significant.
The majority of the land within the Planning Area is either Prime Farmland or Farmland of Statewide Importance. The lands that are planned to be converted to urban uses in the proposed General Plan are directiy adjacent to developed areas. Additionaliy, there are lands in the southeast section of the Flanning Area that were recentþ annexed to the City of ShaÍïer and under the jurisdiction of Kern County rvere approved by the County for residentral deveiopment. The proposed General Plan designates approximately 25,916 acres for agricultural use by build out; a reduction of 14,024 acres.
The Planning Area's iand use designations are anticipated to result in the direct removal of a substantial amount of prime agricultural iand from production. The proposed General Plan includes policies that will encourage the conservation of productive agricultural lands and maintain the viability of commercial agricultural operations. However, these policies do not set specific requirements that will limit the convetsion of agricultural lands to non-agricultural uses. Impacts resulting from the conversion of agricultural land to urban land uses would remain significant and unavoidable after implementation of the proposed General Plan poiicies.
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FINDINGS OF FACT
The majority of the farmlands in the Planning Area arc under either a 'Williamson
Act or Farmland
Security contract. Implementation of the proposed General Plan would convert both agricultural land under a W-illiamson Act contract and agricultural land under a Farmland Security conkact to urban uses. The designation of new areas for development within the Planning Area almost could not occur without the conversion of Williamson Act land. Although the policies in the General Plan specifically prohibit the conversion of agricultural land subject to a V/illiamson Act contract, the designation of such land for uses other than agricultural encourages the non-renewal of lV'illiamson Act contracts.
Even with the implementation of a right-to-farm ordinance and the policies in the General Plan, the impact to farmland under a Williamson Act contract or a Farmland Security contract would remain signifi cant and unavoidable.
Facts in Support of Findings. As stated in the DEIR on page 4.9-12, the proposed Generai Pian land uses change noticeably from the existing land uses in three categories. Land designated for agriculftral uses decreases by about 30 percent from existing uses although agriculture remains the iargest land use in the proposed General Plan with over half of the Planning Area designated agr-iculture/open space. The proposed General Plan increases by 12 percent the land designated for industrial uses. A new land designation, Specific Plan, accounts for an increase of 10 percent and is not one of the existing land uses. The percentage of change in the remaining land uses is very small with the existing land use categories basically continuing in the proposed General Plan. Policies 2.3.1 through 2.3.9,2.3.tI,2.3.12,2.5.1 through2.4.4,2.6.l tLrough2.6.4,2.7.1,2.7.3,2.8.I,2.8.2,2.8.5,
2.8.I2 through 2.8.L4, and2.l0.l of the proposed General Plan support the vision of the City to retain its small rural community roots with agriculture as the main land use. The policies provide for growth while protecting the existing land uses. In addition, the General Plan policies fi.lrther the vision of the Cify as the location of diverse employment and housing opporlunities through the expansion of the índustrial areas and through the designation of Specific Flan areas for new residential communities.
The proposed General Plan recognizes the City's unique economy through designation of large areas for agricultural and indusfial land uses. The proposed policies in the General Plan cover possible land use conflicts while addressing standards for new development. trV'ith the implementation of the General Plan policies, the impacts to iand use changes will be reduced to less than signifîcant.
As a mitigation for the loss of agricultural land, the City could require developers to purchase agricultural easements and/or replacement agricultural land either within (on-site) or outside (off-site) the Planning Area; howeverboth of these options are infeasible for several reasons. First of all, onsite agricultural land use designations within the Planning Area are already protected under General Plan Policy 2.4.1, which states that the General Pian land use map is a plan for the ultimate build out of the Cify and the agricultural land use designation is not a temporary "holding zone." Therefore, 'oreplacement" agricultural land is not available wíthin the Planning Area as the ultimate acreage of agricuiture has already been determined. In addition, purchasing land presentþ designated for uses other than agriculture within the Pianning Area and converting it to agricultural uses is not economically viable as reducing the Planning Area's ability to develop would impede the City's General Plan goals of providing an appropriate range of housing opporlunities and expanding local employment. Furthermore, the loss of residentially designated land to agriculture wouid limit the City's abtlity to meet its fair-share housing needs. Ir addition, the designated land uses in the General Plan were determined to achieve "fiscal balance" as the City buiids out. Changing these land uses wouid affect the ability of the City to provide infrastructure and services to achieve and maintain the J:\USERS\ENG-PLAN\WAYNE\General Plan Update\Staff Reports\Final SHAFTER EIR findings.DOC (6/21/2005) 26
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General Plan goal of a vibrant community in which all residents enjoy a wide range of employment, shopping and recreational opporfunities. Off-site mitigation is infeasible in the long run because of increasing land prices due to growing urbanization. Also, the City does not have any control over the land use designations outside its corporate limits or sphere of influence. Therefore, agricultural land purchased outside the City's jurisdictional arca could be at some date be changed to another land use without input from the City.
Assuming all land designated for agricultural use under the proposed General Pian was actively farmed at build out and all lands proposed for conversion to other uses were converted, the loss of 74,024 acres represents a 35 percent reduction in agriculturai lands- Because most of the Planning Area consists of Prime Farmland or Farmland of Statewide Importance, it is apparent that implementation of the proposed General Plan would result in significant loss of this farmland; however, Poiicies 2.3.3,2.4.I through 2.4.11,2.5.6,2.8.2, 6.2.2, and 6.2.3 ncluded in the proposed General Plan help reduce impacts related to implementation of the Plan. Impacts resulting from the conversion of agricultural land to urban land uses would remain significant and unavoidable after implementation of the proposed General Plan policies. The Council fimher finds that there are no additionai feasible mitigation measures or altematives that the Council could adopt at this time which would reduce this impact to a less than significant level. To the extent that this adverse impact will not be eiirrúnated or lessened to an acceptabie (less than significant) levei, thc Cuuncil fintls Lhal specific economic, legal, social, technological, and other considerations identified in the Statement of Overriding Considerations supporl approval of the project as modified, despite unavoidable residual impacts.
Approximately 9,246 acres of farmland presently under a Williamson Act of Farmland Security contract wili be converted to urban uses at build out of the General Plan as shown in Table 4.9.F on page 4.9-21 of the DEIR. Property may be converted to urban uses either at the conclusion and nonrenewal of a Williamson Act contract or upon early canceilation of a contract. Removal of land from either Wiliiamson or Farmland Security conkacts lifts the restrictions specifically aimed at avoiding the conversion of agricultural lands to other uses. With this barrier removed, the pressure to develop placed upon neighboring farmland conkact lands is further increased. Al example of this pressure is evident in the southeast area of the Planning Area, where farmland under contract is adjacent to farmland not under contract and the farmland under contract has applied for non-renewal of the contracts. Aithough Policies 2.4.5, 2.4.6, 2.4.8, 2.4.70, and 2.8.2 in the General Plan specifically prohibit the conversion of agricultural land subject to a Wiliiamson Act contract, the designation of such land for uses other than agricultural encourages the non-renewal of a Williamson Act contract.
With adherence to the General Plan policies, impacts to iand zoned for agricultural uses and land under a Wiliiamson Act contract would remain significant and unavoidable. The Council further finds that there are no additional feasible mitigation measures or alternatives that the Councii could adopt at this time which would reduce this impact to a less than significant level. To the extent that this adverse impact will not be eliminated or lessened to an acceptable (1ess than significant) level, the Council finds that specific economic, iegal, social, technological, and other considerations identified in the Statement of Overriding Considerations support approvai of the project as modified, despite una-¡oidabie residual impacts.
Fiirfher r{iccriqcìnrr nf the irnnncfc fn l and TÏceq enrf Aoricrlhrrrl RecnrrÍcec ic lnceterl in the TIFTR beginning on page 4.9-1.
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