1 Exhibit “B”
CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 7421
GENERAL
1. The owner(s) or project proponents (hereinafter referred to as “Developer”), solely at their cost and expense, shall defend, indemnify and hold harmless the City of Shafter (hereinafter referred to as “City”), its agents, legislative bodies, officers and employees regarding any legal or administrative action, claim or proceeding concerning approval of Tentative Tract No. 7421 and/or related actions including, without limitation, actions taken or not taken with respect to the California Environmental Quality Act (hereinafter referred to as “CEQA”); or, at its election and in the alternative, shall relinquish such approval.
Developer shall assume the defense of the City in any such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by Developer, but subject to the City's reasonable approvals. Developer shall also reimburse the City, its agents, legislative bodies, officers and employees for any judgments, amounts paid in settlements, court costs and attorneys' fees which the City, its agents, legislative bodies, officers and employees may be required to pay or otherwise pay as a result of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer’s obligations under these conditions of approval (hereinafter referred to as “Conditions”).
2. The developer/applicant or the developer/applicant’s engineer shall submit a list of all contractors and/or subcontractors performing work on this project to the City Administrative Services Department and such contractors and subcontractors shall obtain valid business licenses to do business and/or work in the City of Shafter.
3. The following disclosure shall be given as part of transfer of properties: “All your real property is near property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke. The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws.”
4. Until all portions of the tentative tract have been developed, all vacant and undeveloped land, not being actively farmed, shall be maintained in a weed-free and clean manner by the developer/applicant/property owner. Should said property not be so maintained, the City shall notify property owner that the property is to be cleaned within thirty (30) days of receipt of said notice. If property owner does not comply within the required time frame, City may then clear the land and bill the property owner for expenses incurred.
2 5. Unless a final map is recorded, this tentative tract shall expire twenty-four (24) months from the date of approval by the City Council, unless an extension is granted by the City Council.
Should an extension be requested, Developer, not less than sixty (60) days prior to the expiration date, shall submit to the City, the applicable processing fees and a completed application requesting an extension of the map approval in accordance with the provisions of City Code and the Subdivision Map Act. PLEASE NOTE: This will be the only notice given for the above specific expiration date. The applicant is responsible for initiating an extension request.
6. All construction and development shall be consistent with the City of Shafter Gossamer Grove Specific Plan and Tract No. 7421.
PLANNING
7. Prior to initiating any grading or earthmoving within Tentative Tract No. 7421, the developer shall provide the City of Shafter Planning Department with written confirmation from the San Joaquin Valley Air Pollution Control District that the proposed development is in compliance with the requirements of the District’s Rule 9510.
8. The developer/applicant shall be required to permanently maintain all landscaping, except for landscaping included in the Landscape and Lighting Maintenance District, including the replacement of any trees or shrubs that do not survive.
9. Approved street names are as follows: Community Drive, Eagle Creek Drive, Emerald Grove Drive, Seco Canyon Way, Riverfawn Court, Gladehill Court, Castle Hill Court, Redwood River Lane, and Spring Manor Drive.
10. Approved access shall be provided for each lot in accordance with City standards.
11. All roof-mounted air conditioning equipment shall be located on the rear portion of the roof ridge line in such a manner as to be screened as much as practical from view from public streets.
12. With the exception of model houses, as provided in Section 3.080, Chapter 3, Title 16 (Subdivision Ordinance) of the Shafter Municipal Code, no building permit shall be issued by the City of Shafter until Tract No. 7421 has been recorded pursuant to the requirements of Title 16 (Subdivision Ordinance) and Title 17 (Zoning Ordinance) of the Shafter Municipal Code.
13. If Condition No. 138 is initiated by the developer and executed by the City of Shafter, no building permit shall be issued until wet utilities have been installed, an all-weather surface roadway is completed on the subject property, and survey stakes or other form of temporary documentation will be provided for, and approved by the Building and Safety Inspector, to verify building location. Missing stakes or other temporary documentation will result in delays in inspection schedule.
3 14. All existing dry hole, idle, and active oil wells, as identified by the California Department of Conservation/Division of Oil, Gas, and Geothermal Resources (CDC-DOGGR), shall be plotted as details on the final map.
15. The following note shall appear on the final map and all grading and construction plans:
a. If during grading or construction, any plugged, abandoned, or unrecorded oil or gas wells are uncovered or damaged, the California Department of Conservation/Division of Oil, Gas, and Geothermal Resources (CDC-DOGGR) shall be contacted to inspect and approve any remediation required. b. If any abandoned water wells are located within the development or discovered during excavation or grading, the Kern County Public Health Department - Environmental Health Services Program must be contacted to obtain information for the proper permitting and destruction procedures.
16. During grading operations, all activity shall be restricted to periods of low wind to reduce dust emissions. Verification of compliance will be the responsibility of the City of Shafter Building Inspection Division.
17. The developer of Tract No. 7421 shall comply with all San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) requirements while grading and developing the site. It is the developer’s responsibility to contact the SJVUAPCD to determine with which requirements/rules the developer must comply.
18. The recommendations of the archaeological and traffic studies shall be implemented by the developer during construction and development of Tentative Tract No. 7421.
19. The following avoidance and minimization measures recommended in the biological assessment, prepared by QK and dated October 7, 2022, shall be implemented by the developer during construction and development:
a. Project construction activities should be limited to daylight hours. b. All food-related trash items such as wrappers, cans, bottles, and food scraps should be disposed of in securely closed containers
c. Pets should not be permitted on the Project site during construction. d. Prior to the initiation of ground disturbing activities, a qualified biologist should conduct a species-specific awareness training session with all personnel that will be working on the Project site. The training session should consist of a brief presentation by persons knowledgeable in San Joaquin kit fox biology and legislative protection to explain endangered species concerns to personnel involved in the Project. The training session should include the following: a description of the species that could potentially be found on the Project site and their habitat needs; an explanation of the status of the species and their protection under the Endangered Species Act(s); and a list of measures being taken to reduce impacts to the species during project construction and implementation. A fact sheet conveying this information should be prepared for distribution to the previously referenced people and anyone else who may enter the Project site.
4 e. A pre-construction survey should be conducted 14 to 30 days prior to ground breaking to ensure that no special-status species have moved onto the Project site and could be subject to Project-related impacts.
f. Project-related vehicles should observe a daytime speed limit of 20-mph throughout the Project site.
g. It is highly recommended that all equipment staged at the Project site be checked every morning to ensure no special-status species have taken refuge in the equipment overnight.
h. To prevent inadvertent entrapment of special-status species or other animals during construction of the Project, all excavated, steep-walled holes or trenches more than 2-feet deep should be covered at the close of each working day by plywood or similar materials. If trenches cannot be closed, one or more escape ramps constructed of earthen-fill or wooden planks shall be installed.
i. Some special-status species, such as kit fox and burrowing owls, are attracted to denlike structures such as pipes and may enter stored pipes becoming trapped or injured.
All pipes, culverts, or similar structures with a diameter of 3 inches or greater that are stored at the Project site for one or more overnight periods shall be thoroughly inspected for special-status species before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a special-status species is discovered inside a pipe, that section of pipe shall not be moved until the USFWS and CDFW have been consulted. If necessary, and under the direct supervision of the agency approved biologist, the pipe may be moved once to remove it from the path of activity, until the fox has escaped.
j. The USFWS and CDFW should immediately be notified if a dead, injured, or entrapped San Joaquin kit fox is found. Work in the immediate area should be temporarily halted until further notice from USFWS and CDFW. Any entrapped San Joaquin kit fox shall be permitted to escape.
k. Pre-construction clearance survey of the project area and a 100-foot buffer of the project area shall be conducted no more than 14 days prior to the start of ground disturbance activities. If more than 30 days lapse between the time of the preconstruction survey and the start of ground-disturbing activities, another preconstruction survey must be completed. If known kit fox dens are found in the project area, a no work zone of 100-feet radius will be observed. Potential or atypical dens will require a 50-foot radius no work zone. Natal dens within the project area will require USFWS and CDFW consultation.
l. If burrowing owls are present on the construction sites (within 250-feet of the construction sites) during the breeding season (April 15 through July 15), and appear to be engaged in nesting behavior, a fenced buffer shall be installed according to standard recommendations (CDFW 1995) between the nesting site or active burrow and any earthmoving activity or other potential disturbance. m. Should active nests for tree nesting species be observed, avoidance measures may be required to ensure that nest abandonment does not occur. Typically, avoidance buffers are required by CDFW and USFWS up to 500 feet for raptor nests and up to 250 feet for other bird nests to avoid “take” (i.e., disturbance causing nest abandonment, or death). A biological monitor shall be present to monitor any nests present when work is conducted within the respective standard avoidance buffer areas.
5 20. Tract Map No. 7421 shall be subject to Development Agreement No. 15-13, as adopted by Ordinance No. 669 for traffic impact fees, or as it may be amended by the City Council.
21. All utilities shall be designed and constructed in such a way as to allow for them to be extended into any future residential development areas north, west, or south of Tract 7421 with minimal disruption to residents within the Gossamer Grove development.
22. The drive approaches on the following lots shall be installed as specified:
a. Lot 11 – southeast corner of lot on Spring Manor Drive b. Lot 12 - west side of lot on Castle Hill Court
c. Lot 29 – west side of lot on Castle Hill Court
d. Lot 30 - northeast corner of lot on Spring Manor Drive e. Lot 33 – southeast corner of lot on Spring Manor Drive f. Lot 34 - west side of lot on Gladehill Court
g. Lot 46 - west side of lot on Gladehill Court
h. Lot 54 - northeast corner of lot on Spring Manor Drive i. Lot 57 – southeast corner of lot on Spring Manor Drive j. Lot 58 - west side on Seco Canyon Way
k. Lot 59 – east side on Seco Canyon Way
l. Lot 60 – east side on Seco Canyon Way
m. Lot 88 – north side on Spring Manor Drive
n. Lot 89 – east side on Redwood River Lane
o. Lot 97 – east side on Red River Lane
BUILDING
23. Prior to issuing a certificate of occupancy for any building, building address(es) shall be permanently installed and be clearly visible from the street.
24. No final inspection or issuance of a certificate of occupancy shall be approved for any lot until all required improvements have been completed by the developer/applicant and accepted by the City.
25. Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any building permits.
26. Developers shall comply with the latest California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Fire Code and all other applicable codes, ordinances, regulations, and development standards in effect at the time of issuance of relative permits.
27. Prior to issuance of each building permit for houses within Tentative Tract 7421, developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall reference the floor plan layout and building elevations, for each of the singlefamily residences to be constructed within Tentative Tract 7421.
28. Private drives constructed of Portland cement concrete shall be constructed at a minimum width of 16 feet from the edge of public roadway pavement to the garage of each home.
6 29. A landscaping plan, including design of a permanent irrigation system, shall be submitted to and approved by the Planning Director. Said approved landscape and irrigation plan shall be implemented prior to receiving a final inspection for any house constructed within the subdivision. All landscaping is subject to the requirements for landscaping contained herein these conditions and with City Standards. Landscaping shall include an irrigation system for both the front-yard and the street side-yard (where applicable) provided the street side-yard is not obscured from sight from an adjacent street by fencing, for each lot within the subdivision. Landscaping shall comply with current State guidelines for residential landscaping.
30. Fiber Optic Installation for Dwelling Units: Owner agrees to install in each dwelling unit the following fiber optic requirements:
a. Install a dedicated City Fiber Enclosure adjacent to the other utility enclosures or a Common Communication Enclosure (collectively “Utility Enclosure”) for the proposed communications utilities (phone, cable, fiber, etc.). The enclosure type shall be Benner-Nawman 14326W-UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, 15-amp convenience receptacle mounted inside the enclosure on either side wall with the outlets facing horizontally. The receptable power shall be protected by a ground fault circuit interrupter (GFCI).
b. Install a wireless-transparent 28-30 inch or 42-inch Structured Media Enclosure (“Media Enclosure”) of type Legrand 30" ENP3050 or 42" ENP4250, Leviton 30" 49605-30W, Primex Verge 30" P3000 or 42" P4200 or as approved by the City in a master bedroom closet wall or a laundry room wall furthest from the water supply and maintain a minimum 48-inch horizontal clearance between and 24-inch clearance above any metallic appliances or accessories. The enclosure shall include one 120-volt, 15-amp convenience receptacle located inside the enclosure. c. Install a conduit pathway from the Utility Enclosure to the Media Enclosure with a minimum of one (1) 1-inch diameter non-metallic, flexible conduit which shall maintain a minimum 36-inch bend radius and protrude a minimum of 6-inches into the enclosures. The conduit shall be marked with orange Tyvek or plastic tags, labeled “City Fiber Use Only” and “661-746-5000”, tie wrapped to the conduit in plain view within the enclosures.
d. Install a continuous conduit without breaks or couplings from the existing City Fiber Distribution Enclosure located in the right-of-way (“Distribution Enclosure”) to the bottom side of the Utility Enclosure. The conduit shall be installed a minimum of 36- inches below grade, protrude a minimum of 12-inches into the Utility Enclosure, be orange in color, and be factory labeled “City of Shafter 661-746-5000”. If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solidconductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 15-feet of slack coiled in the Distribution Enclosure and 3-feet of slack coiled in the Utility Enclosure. The conduit and tracer wire shall be inspected by a City of Shafter Public Works Department representative before shading and backfilling.
7 i. After backfilling, the conduit shall be mandrel tested between the Distribution Enclosure and the Utility Enclosure. All conduits 1/2-inch or larger shall require mule tape or equivalent installed. Mule tape shall be slack (no tension) and fastened to the plug or cap. Innerducts and Microducts shall have the pull string completely removed before being tested with a ball bearing. The testing process shall be witnessed by a City of Shafter Public Works Department representative.
ii. Couplings shall be used to repair damaged or short conduit only if approved by the City. Conduit couplings shall be an air-tight, water-tight, push-on compression fitting approved by the City. Tracer wire couplings shall be an air-tight, water-tight, twist or compression connector approved by the City.
Coupling integrity shall be inspected by a City of Shafter Public Works Department representative.
e. Category 6 Unshielded Twisted Pair (CAT 6 UTP) cable (or as approved by the City) shall be installed according to industry standards and the requirements below and shall not be pinched, stapled, bent sharply, or crossing any sharp, unprotected edges:
i. Install minimum of three (3) cables from the Utility Enclosure to the Media Enclosure.
ii. Install the following connection points terminated to a CAT 6-rated 8P8C (RJ-45) jack within a single-gang low voltage wall box, using the ANSI/TIA568 T568A termination standard:
1. Minimum of two (2) connection points to every entertainment center, kitchen, master bedroom, kitchenette, office, den, etc. iii. Install one (1) or more Wi-Fi Access Point (WAP) ceiling mounting locations (as approved by the City) on each floor such that no exterior wall is more than 30-feet from any WAP mounting location. Each WAP mounting location shall include a single-gang, low voltage wall box through which a single CAT 6 UTP cable with a minimum three (3) feet of slack shall be terminated with a CAT 6-rated 8P8C (RJ-45) plug for connecting to a WAP.
ENGINEERING
31. Developer shall remove and replace any existing public or private improvements that may become damaged during any phase of construction, as required by the City Engineer. The contractor working within the public right-of-way shall obtain an encroachment permit from the City Engineer prior to commencing any such work.
32. Developer shall relocate and/or install all necessary infrastructure to provide utilities to the proposed project.
33. A ten (10) foot public utility easement, as shown on the tentative map, shall be provided in the front of all lots and on the street side of all corner lots as requested by the utility companies and the City Engineer. Width may be reduced to 8 feet with City Engineer approval. Easements shall be granted with the final map.
8 34. Pedestrian easements shall be provided wherever sidewalks and other public walking paths are to be constructed outside the proposed public rights-of-way. The minimum width of the pedestrian easements shall be one (1) foot.
35. Easements to be given to the City or any other public utility agency for, sewer, water, storm drain, electrical, or any other utility or similar purpose shall not cross private property without prior approval of the City Engineer.
36. Any above-ground utility cabinets or facilities to be located within the road right-of-way or public utility easement shall be permitted only upon approval by the City Engineer. Such approval will be made in writing, upon written request of the applicant and/or the affected utility company.
37. Any obstructions including utilities, irrigation lines, etc., shall be removed and/or relocated, if necessary, at the expense of the developer.
38. No final inspection shall be approved until all required improvements have been completed by the applicant and accepted by the City.
39. All new utilities shall be underground service.
40. Prior to the issuance of a Certificate of Occupancy on any lot of Tract No. 7421, all required improvements shall be completed and accepted by the City of Shafter. Required improvements shall be those improvements necessary to provide adequate City Services to the subject lot as determined by the City Engineer.
41. All improvements shall be complete within one (1) year from the date of filing of the final map for the development, unless a time extension is granted by the City Engineer. Timing of improvements shall be subject to approval of the City Engineer.
42. Type and location of centralized mail delivery units shall be determined by the postal service. If the postal service requires special easements for the placement of the delivery units, then said easements shall be shown on the final map.
43. All road, landscaping, trail, sidewalk, block wall, and paseo improvements, required by and consistent with Tentative Tract 7421 and the Gossamer Grove Specific Plan, shall be constructed by the developer and approved by the City of Shafter prior to recordation of the final map or shall be included as a public improvement in the subdivision improvement agreement. Wall plans, materials, and dimensions shall be consistent with the requirements of the Gossamer Grove Specific Plan and Tentative Tract 7421 and shall be approved by the City of Shafter prior to construction. Timing of improvements shall be subject to approval of the City Engineer.
44. Developer shall place the entire subdivision within a new or add to an existing Landscape/Lighting Maintenance District prior recordation of the final map and prior to acceptance of improvements by the City of Shafter. The maintenance district shall be setup to cover the cost of street lighting, drainage basin maintenance, landscaping
9 maintenance, and park maintenance, as well as all administrative costs associated with the City of Shafter’s management of the District.
a. The developer shall be required to cover the cost of street lighting, maintain all landscaping, park maintenance, including the replacement of any trees or shrubs that do not survive, within public right-of-way and landscape easements for a period of one (1) year after final inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last. b. Developer shall be fully responsible for the formation, and formation cost of the Landscape/Lighting District, as directed by the City Engineer. c. Developer shall be fully responsible for paying the cost of water for all landscaping and electricity for the street lights until such time as the maintenance district is formed.
45. Engineered plans and building permits are required for all block walls greater than 6-feet in height.
46. Developer shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber optic network to each buildable lot within the development. Design and material specifications are available from the City of Shafter. Plans shall be submitted and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
a. A combination of fiber optic conduits shall minimally include 4” SDR-11 HDPE, 2” SDR-11 HDPE, 7-Way bundled HPDE innerduct with attached tracer wire, and direct-bury HDPE Microduct with attached tracer wire. Fiber optic conduits may be joint trenched with other utility company pipes and/or conduits. b. All underground fiber optic conduits, innerduct bundles, Microducts, etc. shall be factory-labeled “City of Shafter 661-746-5000”. Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
c. All underground fiber optic conduit paths shall have tracer wire. If the conduit does not have an integrated tracer wire, a continuous external #12 AWG solid-conductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 15-feet of slack coiled in the endpoint enclosures.
d. The ends of all fiber optic conduits, innerducts, and Microducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. e. After backfill and compaction, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. Conduits 1/2-inch or larger shall require mule tape or equivalent installed. Mule tape shall have a minimum 2’ slack
10 at each end which shall be fastened to a tie-off loop on the inside of the plug or cap.
Mule tape tie-off and tension check to be witnessed shall be witnessed by a City of Shafter Public Works Department representative. Innerducts and Microducts shall be mandrel tested while being witnessed by a City of Shafter Public Works Department representative.
f. A combination of underground utility enclosures shall minimally include 36”W x 60”L x 36”D polymer concrete enclosures with dual torsion covers, 36”W x 36”L x 24-36”D and 24”W x 36”L x 24-36”D High Density Polyethylene (HDPE) enclosures.
g. All underground utility enclosures shall be factory-stamped “City Fiber”.
47. Prior to construction, all improvement plans and landscaping plans shall be approved by the City of Shafter.
48. The side-yard fences along public streets shall consist of a masonry block retaining wall, or other material as approved by the City Engineer, topped with a wooden fence. Sufficient area behind the sidewalk shall be provided to accommodate the installation of community mailboxes, where required by the US Postal Service.
49. The final subdivision map proposed for recordation shall be in substantial conformance with the approved tentative map.
50. The final subdivision map shall be drawn to tie the project to the existing monuments in Seventh Standard Road.
ENGINEERING: GRADING & DRAINAGE
51. Prior to review of any required improvement plans, both a drainage/hydrology study and a grading plan shall be submitted to and approved by the City Engineer. A master grading plan covering Tentative Tract 7421 shall be submitted and approved. Future development plans shall be based upon the approved master plan. Any deviation from the approved master plan will require the approval of the City Engineer.
52. The drainage/hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. The study shall demonstrate that any potential run-off will not impact surrounding properties.
The study shall focus on the project property and any affected adjacent properties.
53. A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with the latest edition of California Building Code, Chapter 18. In addition, all site grading, earthwork and building design shall be performed in accordance with the recommendations of the soils report.
54. A grading permit shall be obtained from the City prior to commencement of any grading activity.
11 55. Prior to issuance of a building permit, the developer shall file a “Rough Grade Certificate” with the City in accordance with the City Engineering Design Standards. Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and a certificate that the rough grade is in substantial conformance with the approved grading plan and Chapter 33 of the California Building Code. Developer to obtain “Rough Grade Certificate” form from the City.
56. Prior to final approval, acceptance of work, or issuance of Certificate of Occupancy, the developer’s engineer shall file a “Final Grade Certificate” stating that all required grading has been done in accordance with the approved grading plan. Developer to obtain “Final Grade Certificate” form from the City.
57. The location and frequency of soils compaction testing shall be per the City Engineer. Soils compaction testing shall be provided by the developer/owner.
58. Minimum slopes across any flat surface shall be 1%. For slopes less than 1%, surface drainage shall be channeled into a concrete v-gutter, curb and gutter, underground storm drain, or similar drainage structure.
59. All building pads shall provide a minimum of 2% slope away from each house to an earth swale, and a minimum of 1% from the highest point in the swale to the street. A four-inch landscape drain may be used to replace the earth swale. The minimum pad height shall be twelve (12) inches above the adjacent curb.
60. Street side corner lots shall not have their side yard slope (finish grade to back of sidewalk) exceed 4 horizontal: 1 vertical. If maximum slope is exceeded, side yard shall be retained in an approved manner.
61. Wood retaining structures shall not be approved. Developer shall use masonry, keystone, concrete, or other approved material.
62. Engineered off-site drainage plans for Tentative Tract 7421 shall be submitted to and approved by the City of Shafter prior to recordation of the final map. The approved drainage facilities shall be constructed and approved by the City of Shafter prior to issuance of building permits.
63. All storm drain pipes and manholes shall be installed with the street paving. Catch basin shall be installed per city standards.
64. Drainage Basin:
a. Developer shall utilize the existing drainage basin constructed on Lot 3 of Tract No. 6761. Developer shall provide calculations showing estimated storm flows from Tract 7421 are consistent with previous studies the developer used to size storm drain outfalls that Tract No. 7421 will utilize.
12 b. All covenants, conditions, and restrictions contained within the document entitled “Statement of Covenants Affecting Land Development for Temporary Storm Drainage Facilities on Lot 3 of Tract Map No. 6761,” Document No. 0216047535 recorded 4/18/2016 are in effect.
65. The number and location of cross gutters allowed, if any, will be determined during the grading and drainage review process. The minimum grade for allowed cross gutters shall be 0.6%.
66. Grading onto adjacent property shall not be done without written permission from the adjacent property owner.
67. The Office of the City Engineer shall be notified 24 hours in advance of the placement of any fill material.
68. Fill and/or import material shall be subject to the approval of the soils engineer.
69. Developer is responsible for the grading of lot pad areas to within 0.1-foot of the design elevations.
70. All areas in the site on which structures are to be placed must be compacted to 90% relative density, for a minimum distance of 5-feet in all directions from the foundations of the structure.
71. All fill material shall be moisture conditioned to at least 2% above optimum moisture and compacted to 90% relative density, as determined by test methods referenced in California Building Code, appendix Chapter 33, Section 3305, and so certified by test and report from the soils engineer.
72. The design engineer shall exercise sufficient supervisory control during grading operations to ensure compliance with the plans, specifications, and code within his purview.
73. The placement of fill shall be in 6-inch maximum lifts, compacted with heavy compaction equipment approved by the City Engineer, unless specifically recommended otherwise in the preliminary soils report.
74. Compaction in proposed pavement areas should be per City standards and should extend to a minimum distance of 2-feet beyond the outside edges of pavement.
75. All cut and fill slopes shall not be steeper than 2 horizontal to 1 vertical.
76. All fill areas to be cleared of all vegetation and other unsuitable materials for a structural fill and the areas shall be scarified to a depth of 6-inches, unless specifically noted otherwise in the preliminary soils report.
77. All slopes in excess of three (3) feet shall be prepared and maintained to control against erosion.
13 78. Grading work shall be supervised as engineered grading in accordance with Chapter 33 of the California Building Code.
79. During grading, reasonable searching should be performed for concealed subsurface obstructions. All abandoned subsurface obstructions should be removed. If terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped at the project boundary.
80. Developer's attention is directed to the provisions of SJVAPCD's Regulation VIII - Fugitive PM 10 Prohibitions, which requires the submission of a Dust Control Plan for certain construction projects. Developer shall comply with all applicable SJVAPCD rules and regulations including the submission of a Dust Control Plan as may be applicable.
Current SJVAPCD rules and regulations are available online at http://www.valleyair.org/rules/1ruleslist.htm.
81. It shall be the Developer's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:
a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
c. Temporary suspension of the work, either as a result of order by the Engineer or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
82. Any temporary drainage basin serving the subdivision shall be surrounded with a chain link fence.
83. ENGINEERING: WATER/FIRE
84. The developer shall install two water systems for the project together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. One water system shall be developed exclusively for drinking or domestic water service. The other shall be for irrigation of lawns, parks, and common landscape area and be provided by either existing or new wells. Developer shall submit water improvement plans to the City Engineer and Oildale Mutual Water Company for review and approval. Developer shall construct the public water system in accordance with Subdivision Engineering Design Manual for the subject property. The dual water system shall be constructed by the developer and approved by the City of Shafter and Oildale Mutual Water Company prior to recordation of the final map.
14 85. To the greatest extent possible, above ground air-vac or air release valves required by Oildale Mutual Water Company shall be located in public landscaping or entrances to natural trail areas and not along residential property frontages. This requirement is subject to the approval of Oildale Mutual Water.
86. To the greatest extent possible, wet utilities (sewer, water, storm drain) shall be installed between the flowlines on all streets.
87. Fire protection shall be provided per Kern County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the applicant from the Kern County Fire Department. Evidence of this Certificate of Approval shall be provided to the City prior to acceptance of the water system by the City.
88. Prior to installation, all water improvement plans shall be reviewed and approved by the Kern County Fire Department.
89. Water line size, location and materials shall be subject to the approval of the City Engineer.
Minimum water line size shall be in accordance with the Subdivision and Engineering Design Manual.
90. Whenever possible, the water system shall be looped to minimize dead ends.
91. Separate dual water services shall be installed for each residential property.
92. No permanent structures shall be constructed over proposed or existing utility easements.
93. Prior to issuance of a building permit, water mains and fire hydrants to be installed by applicant shall be completed, tested, and accepted (UFC 10.502, 10.503).
94. The developer shall provide AWWA approved fire hydrants that comply with Kern County Development Standards (Clow 850 or equivalent).
95. The required fire hydrants shall be placed a maximum of 660 feet apart throughout the tract for firefighting purposes. Final hydrant locations shall be approved by Kern County Fire prior installation.
96. The developer shall install reflective markers to identify hydrant locations pursuant to California Health and Safety Code 13060.
97. The required fire hydrants shall provide a minimum fire flow of 500 gallons per minute for one hour at 20 psi residual pressure.
98. The water system for the required fire hydrants shall be looped, if practicable.
99. The developer shall install the required water, access and street signs prior to issuance of any building permit.
15 100. A fire flow test shall be performed and approved by the Kern County Fire Department prior to issuance of any building permit and before any Certificates of Occupancy are issued.
The Kern County Fire Department shall be contacted for a fire flow test and approval prior to the commencement of construction.
ENGINEERING: SEWER
101. No properties shall be served by a septic system.
102. Developer shall install a sewer system for the development together with such materials, pipelines, manholes, and individual services for the purposes of the development.
Developer shall submit sewer improvement plans to the City Engineer for review and approval prior to recordation of the final map. Developer shall construct the public sewer system in accordance with the Shafter Subdivision Engineering Design Manual for the subject property.
103. Sewer line size, location, slope and materials shall be subject to the approval of the City Engineer. Minimum sewer line size, location, slope and materials shall also be in accordance with the Subdivision and Engineering Design Manual. 104. Tie-ins to existing sewer mains, manholes, or other structures shall be constructed as directed by the City Engineer.
105. Sewer pipelines and manholes shall be installed within the proposed street paving of the development.
106. Separate sewer services shall be installed for each property. At no time shall sewer be joint trenched with water.
107. Sewer lines shall not be permitted in easements between the backyards or side-yards of residential lots.
108. No permanent structures shall be constructed over proposed or existing utility easements.
ENGINEERING: STREET & TRAFFIC
109. Developer shall construct and provide right-of-way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, walls, landscaping, street lights, drive approaches, intersections, and other related improvements consistent with Tentative Tract 7421 and the Gossamer Grove Specific Plan. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include: Preliminary soils report, preliminary engineer’s estimate of construction costs; and plan check and inspection fees.
110. Additional rights of way easements or dedications necessary for street and/or public utility improvements located outside the tract boundary shall be granted to the City of Shafter prior to map recordation.
16 111. The drawings shall include all proposed public street pavement, curb, gutter, driveways, street lights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site. Said improvements shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision and Engineering Design Manual. 112. All local streets shall be developed as full-width streets in accordance with standards and specifications of the Gossamer Grove Specific Plan and the City of Shafter, as approved by the City Engineer. All local streets shall be fifty-two (52) feet full right-of-way with forty (40) feet flowline to flowline.
113. Additional Street Requirements:
a. Developer intends to continue to use a modified 4.5-inch wedge shaped curb along home frontages similar to City of Fresno Standard P-9. City of Shafter agrees to the use of this 4.5-inch wedge shaped curb provided developer supplies a slip form for a
4.5-inch wedge shaped curb that is consistent with the City of Shafter standard 6-inch curb. Final dimensions are subject to City of Shafter approval. This modified curb shall be used on residential lot frontages only.
114. Should a street transition to another street with a ninety (90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.
115. Cul-de-sac and street knuckle dimensions and radii to conform to the Subdivision and Engineering Design Manual and/or as approved by the City Engineer. The use of off-set cul-de-sacs is approved provided they meet the requirements of the City of Shafter. 116. Street signs shall be installed per City standards as required by the City Engineer. 117. During construction, the developer shall maintain the project, including all adjacent streets in a dust free condition. This condition applies at all times including weekends, evenings, and night time hours. During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the City Engineer. 118. All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be at a depth as approved by the City Engineer.
119. Driveway approaches shall be constructed in a manner consistent with the requirements for residential approaches as set forth in the City’s Subdivision and Engineering Design Manual or as permitted by the City Engineer.
120. Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb, or as specified by the Gossamer Grove Specific Plan. Transitions at intersections and wheelchair ramps shall be provided and installed per the City’s Subdivision and Engineering Design Manual.
17 121. Monument and monument covers shall be set per City Standards. 122. Temporary turnarounds, if required, including right-of-way, shall be granted, designed, and installed per the Subdivision and Engineering Design Standards. 123. Property line locations shall be marked with a chiseled line on the top of curb for all property lines. The location of all sewer laterals shall be indicated on the top or face of curb with a stamped “S”.
124. Street lighting shall be installed in accordance with the City Engineering and Subdivision Design Manual as directed by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS-2A rate schedule. 125. Secondary access easements shall be provided at the request of the City Engineer. Within any given phase of development, secondary access easements and improvements shall be provided in a manner approved by the City Engineer. Access roads shall be twelve (12) feet in width and shall consist of three (3) inches of Class II aggregate base over six (6) inches of native material compacted to 90% relative maximum density. 126. A waiver of direct access shall be dedicated and shown on the final map as follows:
a. Lots 1-10, west side against Emerald Grove Drive and/or Eagle Creek Drive b. Lots 13-21, south side against Emerald Grove Drive and/or Eagle Creek Drive. c. Lots, 21, 22, 40, 41, 51,52, 59, 60, west side against Lot B. d. Lot 57, north line along Seco Canyon Way
e. Lot 54, south line along Riverfawn Court
f. Lot 47, east line along Spring Manor Drive
g. Lot 46, east line along Spring Manor Drive
h. Lot 33, north line along Gladehill Court.
i. Lot 30, south line along Castle Hill Court
j. Lot 11, north line along Castle Hill Court,
k. Lot 1, south line along Redwood River Lane
l. Lot 89, west line along Spring Manor Grove
m. Lots 91 through 97, south line along tract boundary
n. Lot 97, west line along the Emerald Grove Drive.
o. Along the full perimeter of Lot A except where Lot A touches Emerald Grove Drive, Stone Creek Drive, Seco Canyon Way, Spring Manor Drive, Red River Lane, and the north tract boundary of Tract 7319-Phase 2
ENGINEERING: LANDSCAPING
127. Electrical Source for Landscaping:
a. Developer shall supply and install landscaping electrical services to power any and all required timers, solinoids, pumps, motorized equipment. Cabinets and meter pedestals shall be approved by the City of Shafter. Developer shall contract with Pacific, Gas & Electric the location of each pedestal and make all arrangements for them to deliver power at each location.
18 128. Water Source for Landscaping:
a. Landscaping water service point of connection shall be approved by the City Engineer. Water source shall be from the non-potable water system installed with the tract.
129. Landscaping Enclosure:
a. Landscaping timers, electrical service fuses, breakers, etc., shall be installed within a commercial grade landscaping enclosure.
b. Commercial grade landscaping enclosure shall be installed within the dedicated landscaping area adjacent to the water source and/or electrical source. c. Commercial grade landscaping enclosure shall be installed on a concrete foundation poured onto a minimum of six (6) inches of native subgrade compacted to 90% (or in accordance with manufacturer’s recommendations, whichever is more stringent). d. The City of Shafter Subdivision and Design Manual requires a 110-volt duplex electrical service within the enclosure.
130. The developer shall comply with all requirements for grading and erosion control, including the prevention of sedimentation or potential damage to off-site property. 131. Sleeves shall be placed under the proposed paving for landscape piping or low voltage electrical per the City Engineer.
132. Natural trails proposed for Tract 7421 shall have tread path composed of a minimum of six (6) feet wide decomposed granite or some other ADA compliant surfacing. Path of natural trail shall gently meander between the walls in a manner approved by the City. Trail grade shall be 0.50 ft higher than landscape grade. Cross slope in the tread path shall not exceed ADA standards. Grade from the tread path to the landscaped grade shall not exceed 4:1 133. Natural Trails shall be lit to an average foot-candle of 0.5 foot-candle. The purpose is to provide a minimum amount of light for usage at night. Natural trails may be lit with a combination of pole mounted lights, bollards, or similar devices. Wall mounted lights will be prohibited. Pole mounted lights shall not direct light into the residential lots or structures. Lighting shall be located near the natural trail edges so as to not be obscured by landscaping, proposed or future.
134. Landscaping within the natural trails shall be approved by the City. Separate plan sets shall be provided for Natural Trail landscaping in a manner similar to public landscaping along arterials, collectors, or other public areas. Plans shall show locations of water and electrical services necessary to serve the landscaping and lighting needs of these areas.
19 135. Natural trails shall be equipped with a minimal quantity of benches, trash receptacles, water fountains, picnic tables, etc. Details shall be worked out with the City during Natural trail plan approval.
136. Fencing constructed along the Lerdo Canal boundary shall be masonry wall. Height shall be 6 foot minimum.
137. Bollards or other effective obstruction shall be placed where the natural trails touch public street improvements. Bollards shall also be required at the ends of culdesacs where openings in the masonry are proposed.
138. Developer shall deed the public landscaping lots and public trail lots (Lots A & B) to the City of Shafter within 60 days of Notice of Completion for Tract 7421.
ENGINEERING: SUBDIVISION IMPROVEMENT AGREEMENT
139. The developer shall furnish the City of Shafter acceptable security to guarantee the construction of public improvements in accordance with all applicable provisions of the City of Shafter Municipal Code and the State Subdivision Map Act. The developer may enter into a subdivision improvement agreement with the City of Shafter for public improvements that are not completed at the time of Final Map approval.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: NOMINATION OF APPOINTMENT TO THE GOVERNING BOARD
OF THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL
DISTRICT - KERN CITY SEAT
RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; discuss the candidates to nominate to the San Joaquin Valley Air Pollution Control District Kern City Seat; and adopt Resolution 2913, a Resolution of the City Council of the City of Shafter nominating a Candidate of the Council's choosing to fill the vacancy to the San Joaquin Valley Air Pollution Control District Kern Seat.
BACKGROUND
The City Clerk Department received notice from the San Joaquin Valley Air Pollution Control District ("District") of a vacancy on the Governing Board that must be filled by a “small” city within Kern County. The Board is requesting that the City Council hold a vote to nominate one of the applicants to the San Joaquin Valley Special City Selection Committee ("Committee") for appointment to the Governing Board or reject all applicants. The applicants are City of Maricopa Mayor Cory Morse and City of Wasco Council Member Gilberto Reyna. The applications for both candidates are attached for your reference.
ANALYSIS
Appointments for the District will be made by the Committee. The adopted procedures of the Committee state that all cities within Kern County must select a candidate from the applicants to nominate to the Committee for appointment to the District Governing Board.
FISCAL IMPACT
None. No budget action required.
CEQA ANALYSIS
The action is exempt from the California Environmental Quality Act (CEQA) because it is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines.
APPROVED BY THE CITY ATTORNEY
NOMINATION OF APPOINTMENT TO THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY
AIR POLLUTION CONTROL DISTRICT - KERN CITY SEAT
- 2 -
Not Applicable
ALTERNATIVES
None.
NEXT STEPS
Once the City Council discusses and chooses an applicant to nominate to the San Joaquin Valley Air Pollution Control District Governing Board, the City Clerk will provide a copy of the City Council Resolution to the Executive Director.
ATTACHMENTS
1. San Joaquin Valley Air Pollution Control District Kern Seat Applications
2. Resolution 2913-23 San Joaquin Valley Air Pollution Control District Governing Board Appointment
-• San Joaquin Valley
AIR POLLUTION CONTROL DISTRICT
APPLICATION FOR APPOINTMENT As A CITY REPRESENTATIVE
ON GOVERNING BOARD OF
THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Current Vacancies
Small City: One member representing the cities with a population less than 100,000 from Kern County. Counci/members from Cities of Arvin, Delano, Maricopa, McFarland, Shafter, Taft and Wasco are eligible to apply.
If you are an elected official on the council of the cities identified above, you may submit an application for appointment to the Governing Board of the San Joaquin Valley Air Pollution Control District.
AQQlicant Name: C.oRY MoRsE
Residence Address (Must live within the boundaries of the San Joaguin Valley APCD) :
Mailing Address:
M!\RT�?f\,
Telephone:
Primary
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C...A q·31. 52
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Alt.
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Email Address: C.f\f\OR SE' @ iVH\RT C.O ?A C..F\L .L F', C!..OiV\ AQQlicant Signature: � Date: 0-'3 ··03 ·10?3
Please submit this form along with any other pertinent information (e.g., resume, candidate statement, education, experience) that you desire td be considered to the address below. Plea�e limit candjdate statement to no morre than one page.
Please complete this application and return it by March 3, 2023:
Samir Sheikh
Air Pollution Control Officer
San Joaquin Valley APCD
1990 E. Gettysburg Avenue, Fresno, CA, 93726
RESOLUTION NO. 2913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER NOMINATING A CANDIDATE OF THE COUNCIL’S CHOOSING TO FILL THE
VACANCY TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL
DISTRICT KERN SEAT
WHEREAS, Health and Safety Code 40600.5 created a Special City Selection Committee for the appointment for city members of the San Joaquin Valley Pollution Control District (District) Governing Board; and
WHEREAS, The Special City Selection Committee has adopted procedures and a rotation schedule for making their appointments, and based upon the adopted rotation schedule a city council member representing a city with a population of less than 100,000 from Kern County shall be appointed to the District Governing Board; and
WHEREAS, In selecting a nominee for appointment by the Special City Selection Committee to the District Governing Board, the City Council considered the application materials from the eligible candidates; and
WHEREAS, The vote to select a nominee took place as an item on the publicly noticed agenda and was discussed during the normal city council meeting with time for public comment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, nominates (……) to the Special City Selection Committee for appointment to the District Governing Board.
PASSED AND ADOPTED THIS 21st DAY OF MARCH, 2023.
_____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney