Agenda packet — Shafter City Council, December 20, 2022 (part 2 of 3)

CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 10
10-3 General Development Standards

2. Accessory Structures: Nonresidential Districts
a. Accessory structures shall not be located within the “building frontage,” as defined in Section 1.180 1.190 of this Title.
b. Accessory structures shall meet all of the setback requirements for the associated main buildings;
c. Eaves, roof projections, awnings, and similar adjacent architectural features may project into the City right-of-way subject to receiving an approved encroachment permit from the City Engineer.
d. Fireplaces, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar architectural features may project into required building setback areas a maximum distance of thirty (30) inches, provided that all such features in any one setback shall not occupy more than 25 square feet of that required building setback area.
e. Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may exceed the height limit of the land use district in which it is located by not more than 25 percent, provided that such feature shall not be used for habitable space and appropriate screening is provided for mechanical equipment when possible. f. Ground and wall mounted equipment incidental to industrial, commercial or office development shall be appropriately screened with solid walls and/or landscaping. Such equipment shall not be located in front of a building and any screening provided shall be architecturally compatible with adjacent architecture and materials.
g. Roof-mounted equipment shall be used only for the building upon which it is mounted.
h. Roof-mounted equipment shall be screened from public view to the extent practicable, as follows:
(1) All roof screens must be solid and continuous. Equipment may be covered by continuous grills or louvers.
(2) Roof screens shall be sheathed in a matching or
complimentary material to the exterior building material and may include metal panels, aluminum, copper, ceramic tile, or other surface as approved by the Planning Department.
(3) Mechanical plants and distribution networks shall be located in a manner that is compatible with the affected building.

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10-9 General Development Standards
the estimated prices of the converted units and/or lots, a copy of the proposed CC & Rs, a Tenant Relocation Assistance Plan indicating the number of tenants interested in purchasing or relocating, and detailed plans for assisting in the relocation of tenants. The subdivider shall furnish each prospective buyer with a copy of this report together with the CC & Rs.
(3) The Planning Department shall prepare and deliver to the applicant a Staff Report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.
(4) Tenants shall be notified by the subdivider in writing, of all public hearings in connection with an application for
conversion, and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.
(5) The applicant shall comply with the latest City adopted Uniform California Building Code, Uniform California Mechanical Code, Uniform/International California Plumbing Code, National California Electrical Code, Uniform California Fire Code, and all other applicable codes, ordinances and regulations. The applicant shall further complete such alterations or repairs required by the Building Official prior to the sale of any such units.
(6) Written notice shall be given to all residential tenants not less than one (1) year from the date of tentative approval.
c. For residential conversions, the Planning Commission shall also determine that:
(1) The conversion is consistent with the General Plan; and (2) The vacancy factor of rental housing units in the City exceeds three (3) percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the Planning Commission determines that a new rental unit has or will be added to the City’s housing inventory for each rental unit removed through conversion; and (3) The subdivider has complied with all provisions of this Title and all other requirements and conditions as may be imposed by the Planning Commission.

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CHAPTER 10 CITY OF SHAFTER DEVELOPMENT CODE
General Development Standards 10-18
4) Minimum Unit Size.

The minimum floor area for each residential
unit shall be as follows:

Notwithstanding the provisions of Table 4.B
Chapter 4 of this Title, regulating minimum
dwelling unit size, the units provided shall be
no less than 415 square feet in floor area for
efficiency units, 540 square feet in floor area for
one bedroom, and 640 square feet in floor area
for two bedroom, or as otherwise approved by
the approving authority.
5) Open Space Requirements.
a) Private Open Space.

Notwithstanding the provisions of Section

4.30.4.c.(4) 4.30.4.d of this Title, each dwelling
unit shall be provided with a usable private
open space in the form of a patio or courtyard
with a minimum area of one-hundred (100)
square feet and a minimum dimension of ten
(10) feet, or a balcony of eighty (80) square feet
and a minimum dimension of eight (8) feet.
b) Common Open Space.

Notwithstanding the Provisions of Section

4.30.4.c.(3) 4.30.4.c of this Title, two-hundred
twenty-five (225) square feet of usable
common open space per unit shall be provided
within the boundaries of all projects. Usable
open space shall constitute area(s) readily
available, practical and generally acceptable
for active and/or passive recreational uses. Up
to forty percent (40%) of the required common
open space may be provided in the form of a
common leisure/recreation room.
6) Parking Security
Parking facilities shall be designed to provide
security for residents, guests, employees, shall
be integrated into the architecture of the facility,
and shall comply with the provisions of Chapter
13 of this Title.
7) Transit Facilities.

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CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 10
10-55 General Development Standards

2. Applicability
All developer installed landscaping projects shall be subject to the provisions of this Section including landscaping projects installed on areas with a slope higher than four (4) feet as well as landscaping projects associated with the following land uses: commercial, industrial, multiple family and condominium developments, private parks, greenbelts, open space and all public landscaping.

3. Model Home Requirement
At least one model home in a subdivision of eight or more single family lots shall demonstrate through its landscape design, signs and written information the principles of water efficient landscaping. Written information shall be provided to homebuyers on the design, materials, installation and maintenance of the water efficient landscape.

4. Exceptions
The following shall be exempt from the provisions of this Section:
a. Development projects with new landscaping area less than 2,500 square feet installed within any 12 month period.
b. Residential landscaping and irrigation installed by individual property owners or their agents.
c. Landscaping renovations and irrigation retrofits.
d. Minor additions to and replacement or repair of existing irrigation system.
e. Cemetery landscaping.
f. Sites listed on the National Register of Historic Places. g. Tenant improvements.

5. Procedure
a. Per Assembly Bill 1164, the City shall not prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, but may impose reasonable restrictions on the type of drought tolerant landscaping provided the restrictions do not:
(1) substantially increase the cost of installing, (2) effectively prohibit the installation, or (3) significantly impede the installation; b. a. Landscaping projects subject to the provisions of this Section shall be submitted to the Planning Department for review and approval.

Landscape projects submittals shall include a water conservation concept statement summarizing the water efficiency measures and shall be signed by a California registered landscape architect or

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General Development Standards 10-56
contractor, a certified irrigation designer, or other licensed or certified professional in a related field.
c. b. All landscape and irrigation plans must fully address water conservation according to the City of Shafter Landscaping Guidelines. d. c. Where feasible, the use of reclaimed water, including, but not limited to, dual distribution systems, is encouraged subject to all health standards and regulations.
e. d. All landscape projects shall be evaluated according to an objective point system. Points shall be awarded for each water saving component of the plan as provided in this Section. A minimum of 80 points must be attained in the landscape planting category and 120 points in the irrigation category, for a total of 200 points for landscape project approval and permit issuance.

6. Notwithstanding other provisions of this Title, for purposes of the approval of landscaping projects submitted pursuant to this Section, the following point values which correspond to specific landscaping and irrigation techniques shall apply:

Landscaping Planting: 120 Points Possible (40%) Maximum Points Water Conserving Plants Used:
25–100% of total plant material count*
25% or less of total count of water conserving plants used 25 pts
0 pts
Plant groups by water needs 10 pts
Spacing of plants based on mature growth 10 pts
Low water turf type 15 pts
Soil amendment (healthy soil, use less water) 10 pts
Deep root water sleeve for trees 10 pts
Turf 30–75% of total landscape area**
(Turf 100% of total landscape area)
20 pts
0 pts
Hardscape of 20% total 5 pts
Mulch 25–100% of total shrub area*
Mulch 25% or less of total shrub area
15 pts
0 pts
Landscape planting minimum requirements 80 pts
* Points allocated on a percentage basis
** Points allocated on a reverse percentage basis
Irrigation System: 180 Points Possible (60%) Maximum Points Low gallonage spray 40 pts
Drip/micro spray/bubbler 35 pts
Automatic controller 10 pts
Scheduling based on C.I.M.I.S.
(California Irrigation Management Information System)
15 pts
Soil moisture sensors 15 pts

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CITY OF SHAFTER DEVELOPMENT CODE CHAPTER 11
11-i Specific Use Development Standards
CHAPTER 11

SPECIFIC USE DEVELOPMENT STANDARDS

11.10 PURPOSE AND INTENT.........................................................................................11-1

11.20 APPLICABILITY.......................................................................................................11-1

11.30 ADULT ENTERTAINMENT......................................................................................11-1

11.40 KEEPING OF ANIMALS ..........................................................................................11-6

11.50 ALCOHOLIC BEVERAGE OUTLET REGULATIONS...........................................11-10

11.60 KENNELS (COMMERCIAL AND NONCOMMERCIAL)........................................11-14

11.70 EXOTIC ANIMALS.................................................................................................11-15

11.80 ANTENNAS AND SATELLITE DISHES ................................................................11-16

11.85 ANTENNAS AND WIRELESS TELECOMMUNICATION FACILITIES.................11-18

11.90 ARCADES AND VIDEO MACHINES.....................................................................11-22

11.100 AUTOMOBILE DEALERSHIPS.............................................................................11-23

11.110 AUTOMOBILE RENTAL AGENCIES ....................................................................11-25

11.120 BED AND BREAKFAST USES..............................................................................11-26

11.130 DAY CARE FACILITIES ........................................................................................11-28

11.140 DEPENDENT HOUSING.......................................................................................11-31

11.150 DRIVE-IN, DRIVE-THROUGH, FAST FOOD, AND TAKE-OUT RESTAURANTS ....................................................................................................11-33

11.160 FIREWORKS STAND ............................................................................................11-34

11.170 HOME OCCUPATIONS.........................................................................................11-35

11.180 OUTDOOR RECREATIONAL FACILITIES (PUBLIC) ..........................................11-36

11.190 RECYCLING FACILITIES......................................................................................11-37

11.200 SECOND DWELLING UNITS ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) ...........................................11-44

11.210 SELF STORAGE WAREHOUSES ........................................................................11-55

11.220 SERVICE STATIONS ............................................................................................11-56

11.230 SIDEWALK CAFES................................................................................................11-61

11.240 SURFACE PARKING LOTS ..................................................................................11-62

11.250 SWIMMING POOLS AND RECREATION COURTS (PRIVATE) .........................11-63

11.260 VEHICLE REPAIR FACILITIES.............................................................................11-64

11.270 USED AUTOMOBILE AND LIGHT TRUCK SALES LOTS ...................................11-66

11.280 PERMANENT COMMERCIAL COACH/OFFICE COACH ....................................11-69

11.290 MEDICAL CANNABIS USES PROHIBITED .........................................................11-60

11.300 REGULATION OF PERSONAL, MEDICAL, AND COMMERCIAL USES OF MARIJUANA ..........................................................................................................11-70

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exceed the maximum height established by the underlying zone district are subject to FAA approval.
c. Facilities may be designed as or within a piece of public art such as a clock tower or historical monument for public benefit.
d. The height of the support structures must be the minimum necessary to provide the required coverage. However, an antenna or its support structure shall not exceed the height in any zone as prescribed by the zoning code.
e. Safety lighting or colors, if prescribed by the City or other approving agency (i.e., FAA), may be required for support structures. f. Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment building accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.
g. Proposed Facilities shall not create any non-conforming situations to the site such as a reduction in parking, landscaping, loading zones, and/or elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the Uniform California Building Code, Uniform California Electrical Code, Noise Standards and all other applicable code.
h. The Planning Commission may condition approval of Facilities on a five (5) year term or other review process.
i. Whip and microwave dish antennae are permitted only if integrated into the design of the structure and/or fully screened from public view. j. All utilities associated with Facilities shall be placed underground. k. Chain link fencing is not permitted for containment of Facilities, unless such fencing is located in the rear portion of property not visible from a public right-of-way and is installed with tennis screen material on all facades of the fence.
l. Temporary monopoles, if associated with an approved Facilities application, may be permitted, if justified to the satisfaction of the Planning Director, for a period of up to three (3) months, provided that screening is installed to prevent view of the monopole and related facilities from any and all public rights-of-way.
m. Lattice towers shall not be permitted within the City boundaries. n. The operator or property owner is responsible for maintaining the Facilities in an appropriate manner consistent with the original approval of the Facilities. Should the use be replaced or discontinued for a period of six months, the approvals will lapse.

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CHAPTER 11 CITY OF SHAFTER DEVELOPMENT CODE
Specific Use Development Standards 11-26

BED AND BREAKFAST USES

1. Intent
This Section is intended to control the establishment and operation of bed and breakfast uses to ensure that such uses do not adversely affect the surrounding neighborhood.

2. Applicability
All bed and breakfast uses, as defined herein, shall comply with the provisions of this Section and the zone district in which the use is located.

3. General Regulations
a. Bed and breakfast uses may be permitted in all residential and commercial zone districts in which residential (permanent and transient) uses are either permitted or are permitted subject to an approved conditional use permit.
b. This use shall be conducted as an accessory use only; the residential structure shall serve as the primary residence of the owner. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where said use is proposed.

All bed and breakfast uses shall be subject to:
(a) A conditional use permit, as specified in Section 2.50 of this Title.
(b) A health permit, as specified in the Kern County Code. (c) A transient occupancy tax (bed tax).

Application for a permit shall be made by the resident property owner or his/her legal agent having power of attorney to make such application.

4. Development Standards
a. Structural Features
All dwelling units proposed for a bed and breakfast use shall comply with standards and specifications of the Uniform California Building Code, and shall also be subject to the Room Occupancy Standard outlined in the State Housing law (as amended).

Each guest room shall be equipped with a fire extinguisher and a smoke detector conforming to Uniform California Building Code Standards. An exit/egress and an emergency evacuation

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3. All fireworks stands shall comply with the requirements of the Uniform California Code and all other applicable codes, ordinances and regulations.

HOME OCCUPATIONS

1. Home occupations are intended to provide for commercial uses associated with a residence in those cases where that use will clearly not alter the character or the appearance of the residential environment. Home occupations, as defined in Chapter 1 of this Title, shall be permitted in any residential district, subject to the process required within the district and the following regulations of this Section.

2. Conditions
Prior to approving a request for a home occupation, the applicant shall complete and submit a home occupation application to the Planning Department. The Planning Director shall find that the proposed use meets the following conditions prior to approval of any such Home Occupation Permit. a. All employees shall be members of the resident family and shall reside on the premises.
b. There will be no direct sales of products or merchandise. c. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.
d. The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses. e. Up to twenty-five (25) percent of the living space or two hundred fifty (250) square feet, whichever is greater, of the home may be used for storage of materials and supplies related to the home occupation. f. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.
g. The home occupation shall be confined within the main building. A garage shall be considered as part of the main building. h. The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations, dust, electrical interference, fire hazard, glare or any other hazard or nuisance to any greater extent than normally found in a residential area.
i. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

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n. Site shall be maintained free of litter and any other undesirable materials, shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present;
o. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten (10) customers except where the Planning Director determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety;
p. One (1) parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by the zone district in which the facility is located.

7. Site Cleanup Required
The operator of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon failure to remove said materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such cleanup work done by the City.

SECOND DWELLING UNITS ACCESSORY DWELLING UNITS (ADUs)
AND JUNIOR ACCESSORY DWELLING UNITS (JADUs)

1. Intent
This Section is intended to ensure that second dwelling units accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels. The intent of this Section is to also be in compliance with Government Code Sections 65852.2 and 65852.22.

2. Applicability
The provisions of this Section shall apply to all second dwelling units ADUs and JADUs in addition to the provisions of the zone district in which it is located.

An ADU or JADU that conforms to the standards in this section will not be (1) deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located; (2) deemed to exceed the allowable density for the lot on which the ADU or JADU is located; (3) considered in the application of any local ordinance, policy, or program to limit residential growth; and (4) required to correct a nonconforming zoning

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condition, defined as a physical improvement on a property that does not conform with current zoning standards, but this does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

3. Development Standards Approvals
The following standards shall apply to all second dwelling units approvals apply to ADUs and JADUs.
a. The lot shall be zoned for single-family residential use; b. The lot must contain a primary dwelling unit either existing or proposed to be constructed concurrent with the second dwelling unit. c. The minimum lot size for a parcel to construct a second dwelling unit shall be ten thousand (10,000) square feet
d. The maximum building height for a second dwelling unit shall be one (1) story, not to exceed sixteen (16) feet. No second dwelling unit shall be higher than the main dwelling on the same parcel;
e. The second dwelling unit shall be subject to the minimum required front, side, rear yard setbacks and maximum lot coverage of the zone district in which the property is located;
f. The second dwelling unit may be attached or detached to the primary residence, but shall be architecturally compatible with the main dwelling and the surrounding neighborhood;
g. A second dwelling unit shall have adequate water supply and sewer service;
h. Only an owner-occupant of the primary dwelling unit shall be eligible to file an application for a second unit;
i. The entrance to an attached second unit shall be separate from the entrance to the primary unit; and
j. Second units shall be subject to all development fees including, but not limited to, public facilities impact fees, park fees and assessment districts, where so permitted.
k. In the “R-1” zone district and in the “E” zone district, where a parcel of land is less than two and one-half (2 1/2) acres in size, the total floor area of the secondary residential unit shall not exceed fifty (50) percent of the total floor area of the principal residential unit; however, in no case may the total area of the secondary residential unit exceed nine hundred (900) square feet. In the “E” zone district, where the lot size is two and one-half (2 1/2) acres or greater, the secondary residential unit shall have no maximum allowable floor area.

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l. Off street parking for a secondary unit shall be provided in conformance with Chapter 13 (Parking Regulations) of this Title. a. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 4 below, it is allowed with only a building permit in the following scenarios:

Converted on Single-family Lot: One ADU as described in this subsection 3a(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing singlefamily dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(b) Has exterior access that is independent of that for the single-family dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(d) The JADU complies with the requirements of
Government Code Section 65852.22.

Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing singlefamily dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 3a(1)(a) above), if the detached ADU satisfies each of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. (b) The total floor area is 800 square feet or smaller. (c) The peak height above grade does not exceed the
applicable height limit in subsection 4b below.

Converted on Multifamily Lot: One or more ADUs within
portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 3a(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

Limited Detached on Multifamily Lot: No more than two
detached ADUs on a lot that has an existing or proposed

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multifamily dwelling if each detached ADU satisfies both of the following limitations.
(a) The side- and rear-yard setbacks are at least four feet.

If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not
require any modification to the multifamily dwelling as a condition of approving the ADU.
(b) The peak height above grade does not exceed the
applicable height limit provided in subsection 4b below. b. ADU Permit
Except as allowed under subsection 3a above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 4 and 5 below.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit
processing fee is determined by the director of community development and approved by the city council by resolution. c. Process and Timing
An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(a) The applicant requests a delay, in which case the 60- day time period is tolled for the period of the requested delay, or
(b) When an application to create an ADU or JADU is
submitted with a permit application to create a new
single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU
or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include,

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among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding
comments must be provided to the applicant within the 60-day time period established by subsection 3c(2) above.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

4. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections 3a or 3b above:
a. Zoning
An ADU or JADU subject only to a building permit under
subsection 3a above may be created on a lot in a residential or mixed-use zone.

An ADU or JADU subject to an ADU permit under subsection 3b above may be created on a lot that is zoned to allow singlefamily dwelling residential use or multifamily dwelling residential use.
b. Height
Except as otherwise provided by subsections 4b(2) and 4b(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 4b(4) may not exceed two stories.

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For purposes of this subsection 4b, height is measured above existing legal grade to the peak of the structure.
c. Fire Sprinklers
Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. d. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
e. No Separate Conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). f. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. g. Owner Occupancy
An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy
requirement.

Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection 4g(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
h. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Director. The deed restriction must run with the land and bind

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all future owners. The form of the deed restriction will be provided by the city and must provide that:

Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the
remaining structure and improvements must otherwise comply with applicable provisions of this Code.

The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
i. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:

With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to

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submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
j. Building and Safety
Must comply with building code. Subject to subsection 4j(2) below, all ADUs and JADUs must comply with all local building code requirements.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local
building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 4j(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for
residential use in accordance with this section.

5. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection 3b above.
a. Maximum Size
The maximum size of a detached or attached ADU subject to this subsection 5 is 850 square feet for a studio or onebedroom unit and 1,000 square feet for a unit with two or more bedrooms.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 5a(2) above or of a front setback, lot coverage limit, or openspace requirement may require the ADU to be less than 800 square feet.
b. Setbacks
An ADU that is subject to this subsection 5 must conform to a 25-foot front-yard setback, subject to subsection 5a(3) above.

An ADU that is subject to this subsection 5 must conform to 4- foot side- and rear-yard setbacks.

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No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
c. Lot Coverage. No ADU subject to this subsection 5 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 5a(3) above.
d. Minimum Open Space. No ADU subject to this subsection 5 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection 5a(3) above.
e. Passageway. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU, is required for an ADU.
f. Parking
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, defined as two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.

Exceptions. No parking under subsection 5f(1) is required in the following situations:
(a) The ADU is located within one-half mile walking
distance of public transit, defined as a location
including, but not linted to, a bus stop or train station, where the public may access buses, trains, and other
forms of transportation that charge set fares, run on
fixed routes, and are available to the public.
(b) The ADU is located within an architecturally and
historically significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection
3a(1) above.
(d) When on-street parking permits are required but not offered to the occupant of the ADU.
(e) When there is an established car share vehicle stop located within one block of the ADU.
(f) When the permit application to create an ADU is
submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other
criteria listed in subsections 5f(2)(a) through (f) above.

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No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
g. Architectural Requirements
The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and
architectural design of those of the primary dwelling.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing,
landscaping, or privacy glass may be used to provide
screening and prevent a direct line of sight.

All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.

Plant specimens must be at least six feet tall when installed.

As an alternative, a solid fence of at least 6 feet in height may be installed.

All landscaping must be drought-tolerant.

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6. Fees. The following requirements apply to all ADUs that are approved under subsections 3a or 3b above.
i. Impact Fees
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 6i, “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act
(Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
j. Utility Fees
If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

Except as described in subsection 6j(1), converted ADUs on a single-family lot that are created under subsection 3a(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

Except as described in subsection 6j(1), all ADUs that are not covered by subsection 6j(2) require a new, separate utility connection directly between the ADU and the utility.
(a) The connection is subject to a connection fee or
capacity charge that is proportionate to the burden
created by the ADU based on either the floor area or
the number of drainage-fixture units (DFU) values, as
defined by the Uniform Plumbing Code, upon the water
or sewer system.
(b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing
this service.

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7. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
b. Unpermitted ADUs constructed before 2018.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(a) The ADU violates applicable building standards, or
(b) The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU
ordinance (section 11.200).The portion of the fee or
charge that is charged by the city may not exceed the
reasonable cost of providing this service.

Exceptions
(a) Notwithstanding subsection 7b(1) above, the city may deny a permit to legalize an existing but unpermitted
ADU that was constructed before January 1, 2018, if
the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(b) Subsection 7b(1) above does not apply to a building that is deemed to be substandard in accordance with
California Health and Safety Code section 17920.3.

8. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections 1 through 7 of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

SELF STORAGE WAREHOUSES

1. Intent
This Section is intended to ensure that self-storage warehouse operations, commonly known as “mini-warehouses,” do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, or visual blight. The special conditions contained in this Section are intended to differentiate self-service storage warehousing uses from more

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intensive wholesale or general warehousing uses, especially in regard to regarding the differing parking requirements for these uses.

2. Applicability
The provisions of this Section shall apply to all new self-storage warehouse uses, and to all existing facilities at such a time the storage area of an existing business is substantially expanded or modified, as defined in this Title.

3. Development Standards
a. Access and Parking
Driveways adjacent to parking lanes shall be twelve (12) feet in width for one-way traffic and twenty-four (24) feet in width for two-way traffic.

Access and circulation shall be designed to eliminate the need to back out of any drive or access.

One parking space shall be provided for each two hundred (200) square feet of floor area within the office and/or caretakers quarters provided, however, a minimum of four (4) parking spaces shall be provided.

The parking standards specified in this Section for this use shall be applicable to this use only.
b. Outside Storage
No storage of materials outside an enclosed building may be permitted unless expressly designed for such purpose and approved as a part of the conditional use permit for the site.

SERVICE STATIONS

1. Intent
This Section is intended to ensure that service stations do not result in adverse impacts on adjacent land uses, especially residential uses. The traffic, glare, and uses associated with service stations, particularly those which are open twenty-four (24) hours a day, may be incompatible with adjacent land uses. To protect the health, safety, and general welfare of the City and its residents, these special regulations shall be imposed on the development and operations of service stations.

2. Applicability
A service station shall comply with the provisions of this Section in addition to the property development standards and the permit procedures for the zone district in which it is to be located. The provisions of this Section and this Title, as applicable, shall apply to all new service stations and to all existing service

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A minimum of fifteen (15) percent of the site shall be
landscaped, which may include a planting strip at least five (5) feet wide along all interior parcel lines, non-driveway street frontages, and areas adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than three (3) feet above the average adjacent grade.

A minimum of one hundred and fifty (150) square foot
landscaped area shall be provided at the intersection of two (2) property lines at a street corner.
h. Access and Circulation
No more than one (1) driveway with a maximum width of thirty-five (35) feet shall be permitted on any one (1) street frontage and shall be located as follows:

Driveways shall be located no closer than fifty (50) feet from a street intersection and fifteen (15) feet from a residential property line or alley and shall not interfere with the movement and safety of vehicular and pedestrian traffic. Locations of all driveways shall be subject to the approval of the City Engineer.

All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty (50) feet of a residentially zoned property, and shall be oriented, when practical, away from public rights-of-way.
i. Air and Water
Each service station shall provide air and water to customers at a convenient location during hours when gasoline is dispensed. j. Restrooms
Each service station shall provide a men’s and women’s public restroom that is accessible to the general public, including physically disabled persons, during all hours the service station is open to the public. Restrooms shall be identified by placing entrances or signage in a location that is clearly visible from the gasoline service area or cashier station, and shall be maintained on a regular basis. k. Telephones
At least one public telephone shall may be provided at each service station in a location that is easily visible from public rights-of-way.

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b. Enclosure
Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area without written approval from the Director of Public Works.

Awnings shall be adequately secured, and shall comply with the provisions of the latest edition of the Uniform California Building Code adopted by the City.
c. Fixtures
The furnishings of the sidewalk cafe shall consist only of movable tables, chairs, and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the main building.
d. Refuse Storage Area
No structure or enclosure to accommodate storage of trash or garbage shall be erected or placed on or adjacent to the sidewalk cafe on either a public sidewalk or public right-of-way. Sidewalk cafes shall remain clear of litter at all times.
e. Hours of Operation
The hours of operation of the sidewalk cafe shall be limited to the hours of operation of the associated restaurant or eating and drinking establishment.

SURFACE PARKING LOTS

1. Intent
This Section is intended to ensure that commercial parking facilities and surface parking lots located adjacent to residential districts will not adversely affect nearby residents or diminish the integrity of a residential district.

2. Applicability
All commercial parking facilities, including primary commercial parking uses, and accessory parking lots for associated commercial, industrial, institutional, and public uses shall comply with the provisions of this Section in addition to the applicable provisions of the zone district in which such a use is located.

3. Minimum Development Standards
a. Structures Permitted
A parking guard or attendant shelter may be permitted provided that the shelter does not exceed seventy-five (75) square feet, is not more than twelve (12) feet in height, is not located in any required setback area, and is located at least fifty (50) feet from any adjacent residential parcel.

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e. Swimming pools, spas, and hot tubs shall comply with “Special Use and Occupancy” requirements of the latest City adopted addition of the Uniform California Building Code.

5. Recreational Courts
a. The maximum height of fences enclosing recreational courts shall be ten (10) feet.
b. Recreational courts shall be set back a minimum of ten (10) feet from the side property line, ten (10) feet from the rear property line, and fifty (50) feet from the front property line.
c. A maximum of eight (8) lights may be permitted. Said lights shall not exceed a height of twenty-two (22) feet.
d. All lighting shall:

Be designed, constructed, mounted, and maintained so that the light source is cut off when viewed from any point above five (5) feet, measured at the lot line; and
Be used only between the hours of 7:00 a.m. and 10:00 p.m. e. The surface of a recreational court shall be designed, painted, colored, and/or treated to reduce reflection from any lighting thereon. f. The above listed standards shall be considered minimum standards.

The Planning Agency may impose more stringent standards if it is determined that such standards are required to achieve consistency with the intent and purpose of the General Plan and this Title.

VEHICLE REPAIR FACILITIES

1. Intent
This Section is intended to regulate the establishment and operation of vehicle repair facilities to reduce or eliminate potential noise, fumes, litter, and parking problems associated with motor vehicle repair shops. The provisions of this Section are further intended to ensure that vehicle repair facilities are compatible with adjacent and surrounding land uses.

2. Applicability
Each vehicular repair facility, including those which may be part of and incorporated within a vehicle dealership, shall comply with the provisions of this Section in addition to the development standards and permit procedures of the zone district in which it is to be located and with other applicable provisions of this Title.

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3. Minimum Development Standards
a. Paving
The portion of the site devoted to vehicle repair facilities shall be entirely paved, except for buildings and landscaping.
b. Structures
When practical, entrances to individual service bays shall not face public rights-of-way or abutting residential parcels.
c. Repair Activities
All repair activities, operations, and storage of materials shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.
d. Enclosure
Repair facilities, performing body and fender work, or similar noisegenerating activities, shall be conducted within a fully-enclosed structure. All painting shall occur within a fully enclosed booth that meets all requirements of the Uniform California Building Code and Section 12.30 (Air Quality) of this Title.
e. Litter
The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No new, used, or discarded automotive parts, equipment, or permanently disabled, junked or wrecked vehicles may be stored outside of a building.
f. Storage
Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or alley.
g. Hazardous Materials
Any handling, treatment, storage, or use of hazardous materials shall be subject to the requirements of Section 10.110 (Hazardous Materials Management) of this Title.

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k. Repair of Vehicles
The repair and service facility portion of any used automobile/light truck sales facility shall comply with the provisions of Section 11.250 11.260 (Vehicle Repair Facilities) of this Chapter.
l. Queuing of Vehicles
On-site queuing area or lanes for service customers shall be provided which shall be large enough to accommodate a minimum of one and a half vehicles for each service bay in the facility. One-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.
m. Noise Control
Loudspeakers are permitted provided that noise levels are maintained below fifty-five (55) dBA at the property boundary.

All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to reduce noise levels below fifty-five (55) dBA at the property boundary.
n. Toxic Waste Storage and Disposal
Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

Any handling, treatment, storage, or use of hazardous
materials shall be subject to the requirements of Section

10.110 (Hazardous Materials Management) of this Title.
o. Air Quality
Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmful when dispersed in air.

Mechanical ventilating equipment shall direct exhaust away from adjacent residential properties.

Exhaust systems shall be equipped with appropriate and
reasonably available control technology to minimize or
eliminate noxious pollutants which would otherwise be omitted.

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Suzanne Forrest, Senior Planner
SUBJECT: ADOPTION OF ORDINANCE NO. 744 TO APPROVE SPECIFIC PLAN AMENDMENT NO. 21-03 TO AMEND THE ADOPTED

HERITAGE RANCH SPECIFIC PLAN TO CHANGE THE SPECIFIC
PLAN NAME, REMOVE THE PROVISIONS FOR A GATED AGERESTRICTED NEIGHBORHOOD, SWIMMING POOL AND

RECREATION BUILDING, AMEND THE DEVELOPMENT

STANDARDS, AND MAKE MINOR CORRECTIONS, CHANGES,

AND UPDATES TO THE SPECIFIC PLAN TEXT

RECOMMENDATION
Council introduce for second reading, waive reading; and, adopt Ordinance No. 744, an Ordinance of the City Council of the City of Shafter, California, making findings and adopting Specific Plan Amendment No.21-03, to the Heritage Ranch Specific Plan as provided in Exhibit “A”.

BACKGROUND
At the December 6, 2022 City Council meeting, the Council voted unanimously to introduce Ordinance No. 744 for a first reading and waive the reading. This action is the second reading of the Ordinance.

ANALYSIS
Lennar Homes of California has proposed the following changes to the Heritage Ranch Specific Plan:
 Changing the name to Marcona Preserve Specific Plan;
 Removing the provisions for a gated, age-restricted neighborhood with privately maintained infrastructure;
 Removing the plans for a swimming pool and private recreation building;  Revising the development standards related to minimum lot size and minimum building setbacks;
 Increasing the allowed maximum lot coverage;
 Removing the plant palette for the public landscape areas;  Replacing the house elevations and floor plans with Lennar Homes product lines; and,
 Making minor corrections, changes, and updates to the Specific Plan text.

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ADOPTION OF ORDINANCE NO. 744 TO APPROVE SPECIFIC PLAN AMENDMENT NO. 21-03

TO AMEND THE ADOPTED HERITAGE RANCH SPECIFIC PLAN TO CHANGE THE SPECIFIC

PLAN NAME, REMOVE THE PROVISIONS FOR A GATED AGE-RESTRICTED NEIGHBORHOOD,

SWIMMING POOL AND RECREATION BUILDING, AMEND THE DEVELOPMENT STANDARDS,

AND MAKE MINOR CORRECTIONS, CHANGES, AND UPDATES TO THE SPECIFIC PLAN TEXT - 2 -
The proposed amendment does not include any changes to the previously approved land uses or to the number of units allowed within the previously approved Heritage Ranch Specific Plan. The proposed amendment would also not alter the configuration of any of the lots within Tentative Tract 7244 approved by the City Council on August 15, 2017.

FISCAL IMPACT
There in no fiscal impact because of the proposed action.

CEQA ANALYSIS
An addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), which includes the adopted Heritage Ranch Specific Plan, has been prepared for Specific Plan Amendment No. 21-03 (Exhibit 5). The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update and related actions (SCH No. 2004101029) and the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update that was adopted for the Heritage Ranch Specific Plan per Resolution 06- 1813. The certified Program EIR and Addendum adequately describe the activity of the residential development proposed in the Specific Plan Amendment.

APPROVED BY THE CITY ATTORNEY

ALTERNATIVES
The City Council could deny the proposed action, and the Specific Plan Amendment would not be granted. Without the requested changes, however, Lennar Homes could also choose not to move forward with the development plans since many of the proposed changes are needed to accommodate their product.

NEXT STEPS
Within 20 days, Ordinance No. 744 shall be published and circulated in the City of Shafter with the names and votes by the City Council members.

ATTACHMENTS

1. Ordinance 744 Specific Plan Amendment 21-03

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ORDINANCE NO. 744

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,

CALIFORNIA MAKING FINDINGS AND ADOPTING SPECIFIC PLAN
AMENDMENT NO. 21-03 TO THE HERITAGE RANCH SPECIFIC PLAN AS PROVIDED IN EXHIBIT “A”
WHEREAS, Lennar Homes of California is requesting minor amendments to the adopted Heritage Ranch Specific Plan including:

1. Changing the name of the Specific Plan to Marcona Preserve Specific Plan;

2. Removing the provisions for a gated, age-restricted neighborhood with privately maintained infrastructure;

3. Removing the plans for a community swimming pool and private recreation building;

4. Revising the development standards related to minimum lot size and minimum building setbacks;

5. Increasing the allowed lot coverage;

6. Replacing the house elevations and floor plans with Lennar Homes product lines; and

7. Making minor corrections, changes, and updates to the Specific Plan text. The existing adopted residential, park and school development densities will not be changed by the proposal; and
WHEREAS, the text changes update the plan text to reflect the requested changes, remove references to neighborhood signage, update sewer information, update the name and information related to the Shafter Library and Learning Center, and correct minor typographical errors; and WHEREAS, the proposed amendment does not change the existing adopted residential, park, and school development densities within the Heritage Ranch Specific Plan; and WHEREAS, the City Council, through the City Clerk, did set Tuesday, December 6, 2022, at the hour of 6:00 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title Seventeen of the Shafter Municipal Code; and
WHEREAS, the City Council of the City of Shafter, at the public hearing scheduled for December 6, 2022, studied and considered the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) for Specific Plan Amendment No. 21-03; and
WHEREAS, on November 8, 2022, the Planning Commission of the City of Shafter recommended the City Council certify the Addendum to the Certified Final Program

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December 20, 2022

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Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) for Specific Plan Amendment No. 21-03 under Resolution No. 22-411; and WHEREAS, on November 8, 2022, the Planning Commission of the City of Shafter recommended the City Council adopt Specific Plan Amendment No. 21-03 under Resolution No. 22-412; and
WHEREAS, the 2005 General Plan Update was a comprehensive revision to the City of Shafter 1993 General Plan that expanded the General Plan Study Area Boundary, updated the seven mandatory elements of the General Plan, including the Housing Element, provided an explicit statement of community vision, Coberly West Specific Plan, Mission Lakes Specific Plan, annexation of 5,233.68 acres (Annexation No. 77), pre-zoning for Annexation No. 77, and cancellation of two Williamson Act contracts for 1,007 acres; and WHEREAS, the expansion of the North of the River Municipal Water District was not proposed for adoption by the City of Shafter under the 2005 General Plan Update but addressed and analyzed under the Certified Final Program EIR regarding water service to Annexation No. 77; and
WHEREAS, in the initial stages of preparing the 2005 General Plan Update, the City of Shafter determined that an Environmental Impact Report (EIR) would be required for the project, and, therefore, a Notice of Preparation (NOP) was prepared in accordance with the California Environmental Quality Act (CEQA) to study the environmental impacts of the project; and WHEREAS, the NOP for the 2005 General Plan Update was sent to all agencies having involvement in the project per Section 15082 of the CEQA Guidelines; and WHEREAS, the Draft Environmental Impact Report for the 2005 General Plan Update and related actions was made available for a forty-five (45) day review period in accordance with Section 15087 of the CEQA Guidelines which began on April 13, 2005, and ended on May 27, 2005; and
WHEREAS, on June 9, 2005, the Final Program Environmental Impact Report (SCH No. 2004101029) was completed pursuant to Section 15132 of the CEQA Guidelines and notice of its availability was published in the Shafter Press and Bakersfield Californian and provided to interested parties and commenting agencies; and
WHEREAS, the environmental record prepared in conjunction with the project included the following:

1. The Notice of Preparation, the Draft Environmental Impact Report, and the Final Environmental Impact Report; and

2. All staff reports, memoranda, maps, letters, minutes of meetings, and other documents prepared by the consultant relating to the project; and

3. All testimony, documents, and evidence presented by the City of Shafter and consultant working with the City relating to the project; and

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December 20, 2022

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4. The proceedings before the Planning Commission relating to the project and Draft Environmental Impact Report including testimony and documented evidence introduced at the May 10, 2005 public hearing; and
WHEREAS, the laws and regulations relating to the preparation and certification of an environmental impact report, as set forth in the California Environmental Quality Act (CEQA) and State CEQA Guidelines were adhered to and duly followed by City Staff, the Planning Commission, and City Council; and
WHEREAS, in a timely and properly noticed public hearing for the 2005 General Plan Update was held by the City Council of the City of Shafter at a regular meeting on June 21, 2005, at which hearing evidence, oral and documentary, was admitted on behalf of said project; and WHEREAS, in accordance with Sections 15090 and 15151 of the State CEQA Guidelines, the Final Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) was considered for adequacy, completeness, and good faith effort at full disclosure and completed in compliance with CEQA; and
WHEREAS, on June 21, 2005, the City Council of the City of Shafter certified the Final Program Environmental Impact Report for the 2005 General Plan Update and related Actions (SCH No. 2004101029) in Resolution No. 05-1738; and
WHEREAS, in accordance with Section 15091 of the State CEQA Guidelines, findings and supporting rationale regarding identified significant environmental effects and related mitigation measures in the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) were adopted by the City of Shafter on June 21, 2005, under Resolution No. 05-1739, 05-1741, 05-142, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, in accordance with Section 15093 of the State CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), a Statement of Overriding Considerations with supporting reasons for Aesthetics and Visual Resources, Air Quality, Water Resources, Agricultural Resources, and Population and Housing was adopted by the City of Shafter on June 21, 2005, under Resolution Nos. 05-1739, 05-1740, 05-1741, 05-1742, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, in accordance with Section 15097 of the State CEQA Guidelines, regarding the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029), a Mitigation Monitoring and Reporting Program, for the mitigation measures referenced above was adopted by the City of Shafter on June 21, 2005, under Resolution Nos. 05-1739, 05-1740, 05-1741, 05-1742, 05-1743, 05-1744, and 05-1745 and Ordinance No. 05-567; and
WHEREAS, an addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update and related actions (SCH No. 2004101029) for the Heritage

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Shafter City Council Ordinance No. 744
December 20, 2022

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Ranch Specific Plan was certified by the City Council of the City of Shafter on February 7, 2006, under Resolution No. 06-1813; and
WHEREAS, the City Council of the City of Shafter adopted the Heritage Ranch Specific Plan on February 21, 2006, under Ordinance No. 06-574; and WHEREAS, a timely and properly noticed public hearing for Specific Plan Amendment No. 21-03 was scheduled by the City Council of the City of Shafter for a meeting on December 6, 2022, at which hearing evidence, oral and documentary, was admitted on behalf of said amendment; and
WHEREAS, the City Council has determined that pursuant to Chapter 15, Title 17 of the City of Shafter Municipal Code, it is in the best interest of the City to adopt an amendment to the Heritage Ranch Specific Plan (Specific Plan Amendment No. 21-03) to enhance the quality of life and to protect the health, safety and welfare of its citizens by applying orderly development to the City; and
WHEREAS, the subject property is located within the City of Shafter’s incorporated boundaries; and
WHEREAS, the subject amendment is consistent with the City of Shafter’s existing General Plan; and
WHEREAS, the City Council has, at its regularly scheduled meeting on December 6, 2022, studied and considered Specific Plan Amendment No. 21-03, a proposal to amend the Heritage Ranch Specific Plan including changing the name of the project to the Marcona Preserve Specific Plan, removing provisions for a gated age-restricted neighborhood, swimming pool and recreation building, amending the development standards, replacing the house elevations and floor plans, and making minor corrections, changes, and updates to the Specific Plan text, as illustrated in Exhibit “A”, attached hereto, and made a part of this ordinance as though fully set forth herein; and
WHEREAS, the subject amendment is consistent with the goals, objectives, policies and programs of the General Plan and adopted Heritage Ranch Specific plan and is necessary and desirable for implementing the provisions of said planning documents; and WHEREAS, the subject amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and WHEREAS, the subject amendment is consistent with the purpose and intent of the remainder of Title 17 of the City of Shafter Municipal Code not under consideration; and WHEREAS, on December 6, 2022, the City Council of the City of Shafter certified the Addendum to the Certified Final Program Environmental Impact Report for the 2005 General Plan Update (SCH No. 2004101029) for Specific Plan Amendment No. 21-03 in Resolution No. 2895.

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Shafter City Council Ordinance No. 744
December 20, 2022

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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.

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Shafter City Council Ordinance No. 744
December 20, 2022

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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

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Marcona Preserve
Specific Plan
A Master Planned Community by
LENNAR

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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

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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. ___)

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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

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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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Marcona Preserve Specific Plan Page 1-1
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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CHAPTER 1 - INTRODUCTION
Marcona Preserve Specific Plan Page1-2
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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CHAPTER 1 - INTRODUCTION
Marcona Preserve Specific Plan Page1-3
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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Marcona Preserve Specific Plan Page 2-1
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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A PLANNED COMMUNITY Page 182 of 472
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A PLANNED COMMUNITY Page 183 of 472
CHAPTER 2 – PROJECT LOCATION AND SETTING
Marcona Preserve Specific Plan Page 2-2
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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Marcona Preserve Specific Plan Page 2-3
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).

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.

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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

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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.

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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.

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APPENDIX A

MARCONA PRESERVE SPECIFIC PLAN

LEGAL DESCRIPTION

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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

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APPENDIX B

CONSISTENCY WITH THE

CITY OF SHAFTER GENERAL PLAN

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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,

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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

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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

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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.

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“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.

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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.

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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.

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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.

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APPENDIX C

CONCEPTUAL RENDERINGS

RESIDENTIAL

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SOLANA SERIES
ARROYO (2012)
A
B

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SOLANA SERIES
ARROYO (2012)

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SOLANA SERIES
BODEGA (2014)
A
B

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SOLANA SERIES
BODEGA (2014)

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SOLANA SERIES
CABRILLO (2015)
A
B

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SOLANA SERIES
CABRILLO (2015)

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SOLANA SERIES
ESPLANADE (2006)
A
B

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SOLANA SERIES
ESPLANADE (2006)

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CORONET SERIES
ARIA (4031)
A
B

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CORONET SERIES
OPUS (4023)
A
B

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CORONET
OPUS (4023)

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CORONET SERIES
HARMONY (4034)
A
B

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CORONET
HARMONY (4034)

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CORONET
HARMONY (4034)

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CORONET SERIES
OVERTURE (4035)
A
B

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CORONET SERIES
OVERTURE (4035)

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CORONET SERIES
OVERTURE (4035)

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CORONET SERIES
RHAPSODY (4037)
A
B

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CORONET SERIES
RHAPSODY (4037)

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CORONET SERIES
RHAPSODY (4037)

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SKYE SERIES
A
B
C
ALPENGLOW (5013)

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SKYE SERIES
ALPENGLOW (5013)

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SKYE SERIES
BOREALES (5155)
A
B
C

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A
B
C

SKYE SERIES
MOONLIGHT (5012)

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SKYE SERIES
MOONLIGHT (5012)

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SKYE SERIES
SOLSTICE (5014)
A
B
C

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A
B
C

SKYE SERIES
MOONLIGHT (5012+ ADD ON GARAGE)

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SKYE SERIES
MOONLIGHT (5012)

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SKYE SERIES
A
B
C
ALPENGLOW (5013 + ADD ON GARAGE)

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SKYE SERIES
ALPENGLOW (5013)

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SKYE SERIES
BOREALES (5155 + ADD ON GARAGE)
A
B
C

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SKYE SERIES
BOREALES (5155)

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SKYE SERIES
SOLSTICE (5014)
A
B
C

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SKYE SERIES
SOLSTICE (5014)

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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: ACCEPT GRANT DEEDS FOR TWO PARCELS FROM LENNAR

HOMES OF CALIFORNIA AND AUTHORIZE CITY MANAGER TO

RECORD GRANT DEEDS

RECOMMENDATION
Council find the action is not subject to the California Environmental Quality Act; accept grant deeds for the two parcels from Lennar Homes of California; and, authorize the City Manager to record grant deeds.

BACKGROUND
On December 13, 2022, the Planning Commission of the City of Shafter made findings that the acquisition of real property within the Gossamer Grove Specific Plan area conforms with the City of Shafter General Plan in accordance with Government Code 65402 and the adoption of the Resolution is in compliance with CEQA requirements.

Government Code Section 65402 requires a finding that the acquisition of property by a city conforms to the city’s general plan.

ANALYSIS
The proposed acquisition of the two parcels is consistent with the following policy of the Gossamer Grove Specific Plan:

3.11.1 Police and Fire Protection
Acreage for police and/or fire protection facilities shall be provided within the public services land use designation in Planning Area 4 as required by the City of Shafter.

The “Public Services Parcel” and “Street Dedication in Fee” parcel are both found within the public services land use designation in Planning Area 4 of the Specific Plan.

The “Public Services Parcel” is the acreage needed for police and/or fire protection facilities.

The “Street Dedication in Fee” parcel is a remnant of previous land divisions and is located completely within an existing right-of-way (Gossamer Grove Boulevard) and,

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ACCEPT GRANT DEEDS FOR TWO PARCELS FROM LENNAR HOMES OF CALIFORNIA AND

AUTHORIZE CITY MANAGER TO RECORD GRANT DEEDS
- 2 -
while this parcel does not directly add to the acreage for police and/or fire protection facilities, its acquisition is being considered because the property needs to change ownership prior to a obtaining an updated title report showing the new boundaries of Tract 7388. Creating new boundaries for Tract 7388 and a revised title report is required so that a future substantial conformance process can move forward for Tract 7388. This substantial conformance process will provide the changes necessary to create the acreage needed for police and/or fire protection facilities.

As discussed above, the acquisition of the two parcels conforms to the City of Shafter General Plan by conforming to the policies found in the Gossamer Grove Specific Plan, namely the policy that requires acreage for police and/or fire protection facilities. The Planning Commission has already made a General Plan conformity finding dated December 13, 2022.

The City has requested, and Lennar has agreed to deed the parcels over to the City.

With the Council's approval, the City Manager will accept the deeds and record them with the County Recorder's Office.

FISCAL IMPACT
None

CEQA ANALYSIS
The acceptance of the grant deeds allows the future development of a public services area as described in the adopted Gossamer Grove Specific Plan. The ultimate development of the public services area is within the scope and intensity of the original Gossamer Grove Specific Plan analyzed in the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the public services area as a mix of land uses that can include a police station, fire substation, and residential. Therefore, per Section 15061(b)(3) of the California Environmental Quality Act Guidelines (commonly referred to as the “Common Sense exemption”), it can be seen with certainty that the action will not cause a significant effect on the environment, and therefore, the action is not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The City Council could deny the proposed action and the two parcels would not be deeded over to the City and the police substation and fire station would not be realized. STAFF DOES NOT RECOMMEND THIS OPTION

NEXT STEPS
The next steps are to create new boundaries for Tract 7388, revise the title report, and consider a substantial conformance finding for Tract 7388.

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ACCEPT GRANT DEEDS FOR TWO PARCELS FROM LENNAR HOMES OF CALIFORNIA AND

AUTHORIZE CITY MANAGER TO RECORD GRANT DEEDS
- 3 -

ATTACHMENTS

1. Grant Deed - Public Services Parcel

2. Grant Deed - Street Dedication in Fee Parcel

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RECORDING REQUESTED BY

AND WHEN RECORDED
RETURN TO:

City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attn: City Clerk
No Recording Fee Pursuant to Gov't Code $ 27383 No Documentary Transfer Tax Pursuant to California Revenue & Taxation Code g 11922

GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES:

Documentary Transfer Tax is: $ -OI Unincorporated Area X City of Shafter E computed on full value of interest or property conveyed, or n computed on full value of liens or encumbrances remaining at time of sale; FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LENNAR HOMES OF CALIFORNIA INC., a California corporation as Successor in Interest to Lennar Bakersfield, Inc. a Delaware Corporation, ("Grantoro') hereby GRANTS to CITY OF SHAFTER, a charter city formed in accordance with Califomia law ("Grantee"), the following described real property in the City of Shafter, County of Kern, State of California:

SEE EXHIBITS TT4II4I[I "B'' ATTACHED HERETO
Subject to all matters of record and apparent,
Dated 20 7/L GRANTOR:

LENNAR HOMES OF CALIFORNIA INC.,
a California as in Interest to
Lennar Bakersfie Corporation
By
Print: tK(

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ACKNOWLEDGTTIENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.

State of California
County of Fresno )
On Nqvqmbef 23,2Q22,, beforeme, - ,Ch,tistine.Collins. , .Ngtarv,Pu?lic personally appeareO MifeJMitter , who proved to me on the basis of satisfactory evidence to be the peison(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and officialseal.

Signature (Seal)
Contr. Extlr.: kov 7, 2023

CHRISTINE COLLINS
Notrry Publk - C.ltfornh
Fr6no County.

Comnlrtlon { 2308!78

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CITY OF SHAFTER

CERTIFICATE OF ACCEPTANCE OF GRANT DEEI)
This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant Deed to which this Certificate of Acceptance is attached, from: LENNAR HOMES OF CALIFORNIA [NC., a California corporation as Successor in Interest to Lennar Bakersfield, Inc. a Delaware Corporationo ("Grantor") to CITY oF SHAFTER, a charter city formed in accordance with california law ("Grantee")
Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body on
_,
and Grantee hereby consents to recordation of said Grant Deed.

Dated: CITY OF SHAFTER,
a charter city formed in accordance
with California law
By
Gabriel Gonzalez
City Manager
ATTEST:

Yazmina Pallares, City Clerk
J

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EXHIBIT *A"

PUBLIC SERVICES PARCEL
Being portions of Lots ooA" and 5 of Tract No. 6761, recorded September 30, 2008 in Book 59 of Maps at Pages 42 through 45 in the Office of the Kern County Recorder , and a portion of Lot "8" of Lot Line Adjustment No. I 8-67 as evidenced by that certain Certificate of Compliance, recorded June 19,2018 as DocumentNo. 218076247, Official Records, also being portions of the Southeast Quarter of Section 36, Township 28 South, Range 26 East, M.D.M., in the City of Shafter, County of Kern, State of California more particularly described as follows:

BEGINNING at the Northeast corner of the Temporary Storm Drainage Facilities described in Document No. 216047535, Official Records, recorded April 18,2016; Thence along the North line of said Temporary Storm Drainage Facilities North 89ol l'48" West,

72.69 feet;
Thence leaving said line North 00o48' 72" East, 37 5 .7 5 feet; Thence North 75"48'12" East,65.03 feet;
Thence Easterly, 71.73 feet along a curve concave Southerly with a radius of 274.00 feet and a central angle of 15"00'00";
Thence South 89'l I'48" East, 232.65 feet;
Thence Northeasterly, 90.59 feet along a curve concave Northerly with a radius of 276.00 feet and a central angle of 18o48'21";
Thence South 66"08'54" East, 42.45 feet to the West Right-of-Way of Gossamer Grove Boulevard per Tract No. 7315, recorded February 13,2018, in Book 62 of Maps at Pages 107 through I11, in the Office of the Kern County Recorder; Thence South 21"10'42" East along said Right-of-Way, 109.04 feet; Thence Southerly along said Right-of-Way,313.00 feet along a non-tangent curve concave Westerly with a radius of 1,440.00 feet, a central angle of 12o27'14" and a beginning radial which bears South 67"41'2l" West;
Thence leaving said Right-of-Way, North 89o I I '48" West, 389.89 feet to the South line of Lot o'8" of said Lot Line Adjustment No. 18-67; Thence along said South line the following five courses; South 64o0 l'05" West, 21.28 feet;
Exhibit"A"-Page I of2
QK, t0t26t2022
L:\Projects\2021\210170\AcAD\Legals\Public Service Area Parcel\EXHIBIT A - Public Services Parcel.doc

Page 406 of 472 ends

Southwesterly, 73.80 feet along a curve concave Northerly with a radius of 158.00 feet and a central angle of 26" 45' 44" ;
North 89o13'11" West, 43.28 feet;
South 00o 46' 49" West, 9.46 feet;
North 89o09'36" West, 29.98 feet to the East line of said Temporary Storm Drainage Facilities; Thence North 00"46'49" East along said East line, 36.00 feet to the POINT OF BEGINNING.

Containing 5.31 acres, more or less.

Exhibit "A" - Page 2 of 2
QK,1012612022
L:\Frojects\2021\210170\AcAD\Legals\Public Service Area Parcel\EXHIBIT A - Public Services Parcel.doc LLA
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EASEMEA'T$
FIBER OPTIC UNLffY EASEMENT IN

FAVOR OF THE CITY OF SHAFTER PER
D00UMENT NO. 0216042481, 0.R.

STATEMENT OF COVENANTS AFFECTINC
/,l.ND DNELOPMENT FOR TEMPOMRY
suMP ACCESS FACTLITTES 0^/ tOrS 4
3 & 5 OF TRACT NO, 6761 PER
D0oUMENT N0. 02160475J4, O.R.

SIORM DRAIN FASEMENT IN FAVOR

OF CII'I OF SHAFIER PER DOCUMENT
N0. 218073372, 0.R.

SIREET AND PUBLIC UTILffT

EASEMENT IN FAVOR OF THE CITY OF
SHAFTER PER DOCUMENT NO.
216042486, 0.R.

STREET AND PUBLIC UTILITIES
EASEMENT PER TRACT NO. 6761,
BOOK 59 OF MAPS, PACES 42_45,
o.R.

TEOE'VD
( )Rl RECORD PER TEMPORARY STORM

DRAINAGE FACILITIES PER DOCUMENT
NO. 216047535, 0.R., OR
CALCULATED THEREFROM.

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N0. 216042486, 0.R., OR

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PA0ES 107-111, K.C.R., OR
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NO, 18-67 RECORDED AS

CERTIFICATE OF COMPLIANCE
D00UMENT N0. 218076247, 0.R,,

OR CALCUUTED THEREFROM,
K.C.R. KERN COUNTY RECORD
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Page 408 of 472 ends

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Page 409 of 472 ends

RECORDING REQUESTED BY

AND WHEN RECORDED
RETURN TO:

GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES:

Documentary Transfer Tax is: $ -On Unincorporated Area X City of Shafter n computed on full value of interest or property conveyed, or n computed on full value of liens or encumbrances remaining at time of sale; FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LENNAR HOMES OF CALIFORNIA INC., a California corporation as Successor in Interest to Lennar Bakersfield, Inc. a Delaware Corporation, ("Grantor") hereby GRANTS to CITY OF SHAFTER, a charter city formed in accordance with California law (o'Grantee"), the following described real property in the City of Shafter, County of Kern, State of California:

SEE EXHIBITS "A'' I\I\D "8" ATTACHED HERETO
Subject to all matters of record and apparent,
Dated M/tw&%, 20 ?-Z GRANTOR:

LENNAR HOMES OF CALIFORNIA TNC.,
a California as in Interest to
Lennar B
By:

Print
I

Page 410 of 472 ends

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.

State of California
County of ,. , Fre.s,no
-,
)
On November 28.2022 before ffi€' Christine Collins. Notarv Public personally appeared Mike Miller . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the $tate of California that the foregoing paragraph is true and conec{.

WTNESS my hand and officialseal
F
Signature (Seall

Page 411 of 472 ends

CITY OF SHAFTER

CERTIFICATE OF ACCEPTANCE OF GRANT DEED
This Certificate of Acceptance pertains to the interests in real property conveyed by the Grant Deed to which this Certificate of Acceptance is attached, from: LENNAR HOMES OF CALIFORNIA INC., a California corporation as Successor in Interest to Lennar Bakersfield, [nc. a Delaware Corporation, (ooGrantor") to CITY OF SHAFTER, a charter city formed in accordance with California law ("Grantee'o)
Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body on
and Grantee hereby consents to recordation of said Grant Deed.

Dated CITY OF SHAFTER,
a charter city formed in accordance
with California law
By:

Gabriel Gonzalez
City Manager
ATTEST:

Yazmina Pallares, City Clerk
a
J

Page 412 of 472 ends

EXHIBIT "A'

STREET DEDICATION IN FEE
A street dedication being a portion of Lot 'oA" of Tract No. 6761, recorded September 30, 2008 in Book 59 of Maps at Pages 42 through 45 in the Office of the Kern County Recorder, and a portion of Lot "8" of Lot Line Adjustment No. 18-67 as evidenced by that certain Certificate of Compliance, recorded June 19, 2018 as DocumentNo. 218076247, Official Records, also being portions of the Southeast Quarter of Section 36, Township 28 South, Range 26 East, M.D.M. and the West Half of the Southwest Quarter of Section 31, Township 28 South, Range 27 East, M.D.M., in the City of Shafter, County of Kern, State of California more particularly described as follows:

BEGINNING at the Northeast corner of Lot "A" of said Lot Line Adjustment No. l8-67; Thence along the North line of said Lot "A" North 89ol l'48" West, 7.98 feet to the West Rightof-Way of Gossamer Grove Boulevard as described in Document No. 216042486, Official Records, recorded April 7, 2016;
Thence Northerly along said Right-of-Way, 183.75 feet along a non-tangent curve concave Westerly with a radius of 1,440.00 feet, a centralangle of 7ol8'40" and a beginning radialwhich bears South 80o08'35" West to the South line of Tract No. 7315 recorded February 13, 2018, in Book 62 of Maps at Pages 107 through l l l, in the Office of the Kern County Recorder; Thence Easterly along said South line, 683.25 feet along a non-tangent curve concave Northerly with a radius of 350.00 feet, a central angle of 111"50'56" and a beginning radialwhich bears North 22"39'08" East;
Thence leaving said South line Southerly along both the West line of Tract No. 6982 recorded December 20,2016, in Book 62 of Maps at Pages 5 through 8, in the Office of the Kern County Recorder and the West line of Tract No. 7l l5 recorded December 14,2015, in Book 6l of Maps at Pages 64 through 68, in the Office of the Kern County Recorder,319.52 feet along a nontangent curve concave Westerly with a radius of 500.00 feet, a central angle of 36o36'52" and a beginning radial which bears North 89'l I'48" West to the Southery Right-of-Way of Soaring Heights Way described in Document No. 216042483, Official Records, recorded April7,2016; Thence Southwesterly along said Right-or-Way, 168.77 feet along a non-tangent curve concave Northwesterly with a radius of 390.00 feet, a central angle of 24"47'42" and a beginning radial which bears North 39"19' 15" West;
Thence continuing along said Right-of-Way South 75o28'27" West, 70.61 feet; Thence continuing along said Right-of-Way South 31o28'47" West, 28.78 feetto the Easterly Right-of-Way of said Gossamer Grove Boulevard;
Exhibit "A" - Page I of 2
QK,lt/1612022
L:\Projects\202 I \2 I 0 I 70\ACAD\Legals\ROW - Hook\EXHIBIT A - ROW.doc

Page 413 of 472 ends

Thence Southerly along said Right-of-Way, 142.71feet along a non-tangent curve concave Westerly with a radius of 1,560.00 feet, a central angle of 5"14'30" and a beginning radial which bears South 77'51'09" West;
Thence leaving said Right-of-Way Southerly along the West line of said Tract No. 7ll5, a distance of 215.92 feet along a non-tangent curve concave Easterly with a radius of 500.00 feet, a central angle of 24"44'32 and a beginning radialwhich bears South 64o27' 16" East; Thence leaving said West line Northerly along the West line of Lot ooA" of said Tract No. 6761 and the East line of Lot "A" of said Lot Line Adjustment No. 18-67, a distance of 280.93 feet along a non-tangent curve concave Westerly with a radius of 500.00 feet, a central angle of 32oll'320' and a beginning radial which bears North 89ol l'48" West to the POINT OF BEGINNING.

Containing 1.07 acres, more or less
Exhibit "A" - Page2 of 2
QK,1111612022
L:\Proj ects\202 1 \2 I 0 I 70\ACAD\Legals\ROW - Hook\EXHIBIT A - ROW.doc

Page 414 of 472 ends

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)R4 REcoRD pER TP{i.cr No. TJts RE??RDED
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)R5 RECORD pER LOT L|NE ADJUSTMENT NO.
18-67 RECORDED AS CEKNHATE OF
COMPLIANCE DOCUMENT NO. 218076247,

0.R,, OR CALCUUTED THEREFROM,
( )R6 RECORD pER TRACT NO. 6982 RECORDED
IN BOOK 62 OF MAPS, PACES 5-8, K.C,R,,
OR CALCULATED THEREFROM.

SI?EET A,VD PUBLrc UnLtN

EASEMENT IN FAVOR OF THE CIN

OF SHAFTER PER DOCUMENT NO,
216042486,. O.R.

STREET AND PUBLIC UTILITY

EASEMENT IN FAVOR OF THE CIN
OF SHAFTER PER DOCUMENT NO.
21604248J,0.R.

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PRoJECT N0.: 210170.01
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EXHIBIT B
5O8O CAUFORNIA AVE., SIE. 220 IEL: 6l 6-2600
contRlcHt lllc, ultilflHailm) wE

Page 415 of 472 ends

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GROVE BLVD
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TRACT 6773
BOOK 61 OF MAPS,
PAGES 55-59, K.C.R. ..1
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PRoJECT N0.: 210170.0t
DRAWN BY: XII
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STREET DEDICATION IN FEE

EXHIBIT B
5080 CAUFoRN|A AVE., SIE. 220 IEL: (661) 616-2600
CONRtsHI CI qND KM)PF, IIIC. usE

Page 416 of 472 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: AWARD THE PURCHASE TWO (2) PORTABLE LIGHTING
TOWERS IN THE AMOUNT OF $24,921 TO MULTIQUIP, INC.

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) and not subject to CEQA; accept two (2) quotes for furnishing two (2) portable light towers; award the purchase of said portable lighting towers to MULTIQUIP, INC. in the amount of $24,921; and, authorize the Public Works Director to execute the purchase order and sales documentation on behalf of the City.

BACKGROUND
Public Works has continuously maintained a fleet of three portable light towers for several years for nighttime use by its utility and street crews. The towers are also periodically loaned to local schools, non-profit organizations, and service clubs for outdoor community events.

ANALYSIS
Two of the lights, which were originally donated to the City by Minter Field Airport District, are over 25 years old and have been inoperable in recent weeks and do not have replacement parts readily available for restoration. Although the purchase of portable light towers was not factored into the current fiscal year operating budget, their importance concerning public and employee safety, it was necessary to replace the two light towers now. To address the portable lighting shortage, staff informally requested proposals from vendors that can provide two replacement units. Two quotes were received:

1. MULTIQUIP, INC. for $24,921

2. Statewide Traffic Safety and Signs for $30,379.

Both distributors submitting quotes offer profile portable light towers that meet the City's needs and can be delivered within an acceptable period. However, MULTIQUIP, INC is the lowest responsive cost proposal.

FISCAL IMPACT
FY 2022-2023 Operating Budget - Machinery and Equipment line item has available funds for the purchase of the two (2) light towers.

Page 417 of 472 ends

AWARD THE PURCHASE TWO (2) PORTABLE LIGHTING TOWERS IN THE AMOUNT OF $24,921 TO MULTIQUIP, INC.
- 2 -

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the purchase of two portable light towers and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
There is no viable alternative to using portable light towers, but the City can rent them as needed instead of purchasing them. However, portable lighting should be readily available for after-hours and emergency conditions. Rentals are always a good backup option for lighting, but availability is not always guaranteed. Additionally, the Council can direct staff to seek additional quotes to ensure the pricing offered by the current vendor is fair. In this case, the lack of two operable light towers has the potential to compromise the City's ability to respond to after-hours or emergency conditions, which makes purchasing replacements a top priority. Additionally, MULTIQUIPC, INC. has a solid reputation with product sales and support. Therefore, staff does not recommend any alternative action.

NEXT STEPS
Upon Council approval, the Public Works Director would issue a purchase order to MULTIQUIP, INC. for the recommended purchase of two portable light towers. Declaring the existing lights as surplus property would occur at a future meeting.

ATTACHMENTS

1. Quote submitted by MULTIQUIP, INC.

2. Quote Submitted by Statewide Traffic Safety & Signs

Page 418 of 472 ends

0010 GBX24BK A102 2 2.000 14,144.00 11,315.20 22,630.40 GBug, Light Tower, Balloon, 2400W LED
_______________________________________________________________________________________________________________ Items total 22,630.40
Freight (Units) 650.00
Taxable amount 22,630.33
State/GST Tax 1,357.82
Local/PST Tax 56.58
Local Tax 226.30
_______________________________________________________________________________________________________________ Total amount 24,921.10
Sourcewell member # 133243
Multiquip contract # 041719-MTQ
** Quote Valid for 90 Days **
Sold-to ( 424780 )
City of Shafter
336 Pacific Ave
Shafter CA 93263-2047
Quotation
Item Material Plant B/O Order Qty Gross Price EA Net Price EA Total Value Document Information
Quotation # 20840951 QT Date 11/02/2022
P.O. # Date
Estimated Ship 12/01/2022
Requested Ship 11/02/2022
Carrier No 406369 MULTIQUIP LTL C/O EC
Entered by DMARSH
Order Reason P22 ORDR-Sourcewell
Currency USD
Delivery PPS Prepay/Chrg SPL Frt (Units)
Payment Terms Net 30
Within 30 days without deduction
=============================
Availability is subject to stock on hand at the time purchase order is received.

Quote is valid for 30 days from issue date.

MULTIQUIP INC.
6141 KATELLA AVE, SUITE 200
CYPRESS, CA 90630
PH: 800-421-1244 / 310-537-3700 FAX: 310-537-3927

Page 1 of 1 ends

Ship-to ( 424780 )
City of Shafter
336 Pacific Ave
Shafter CA 93263-2047

Page 419 of 472 ends

Page 420 of 472 ends

Page 421 of 472 ends

Page 422 of 472 ends

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: December 20, 2022
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: RATIFY A PURCHASE ORDER TO HAAKER EQUIPMENT

COMPANY FOR HIGH-PRIORITY REPAIRS TO THE CITY
STREET SWEEPER IN THE AMOUNT OF $28,000.

RECOMMENDATION
Ratify a purchase order award to Haaker Equipment Company for repairs to the City street sweeper in the amount of $28,000.

BACKGROUND
In 2015, the City terminated a contract with a vendor for citywide street sweeping services and purchased its own sweeper and switched to in-house service by Public Works crews. At the time, it was determined that in-house service would be more costeffective and more efficient to meet the City's needs. While this transition has worked well and maintained a high level of service, the City's sweeper periodically requires repairs.

ANALYSIS
A recent inspection of the sweeper revealed cracks in a fan assembly. While it is still operational and in use, repairs should be pursued as quickly as possible to avoid a service shutdown. Non-routine expenditures exceeding $10,000 require Council authorization before an award for contracted services is made. However, in this case, the repairs depend on parts that reportedly have a lead time of approximately 45 days. Therefore, it was imperative to have the repairs made immediately to maintain quality-of-life service continuity for residents and businesses, Haaker Equipment Company, the vendor that originally sold the sweeper to the City and conducted the recent inspection, provided an estimate of $27,400. Public Works issued a purchase order to Haaker Equipment Company to cover their repair estimate for the reasons stated above. Council ratification of the repairs in the amount of $27,400 is now required.

FISCAL IMPACT

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Shafter City CouncilDecember 20, 2022

Shafter City Council
December 20, 2022