Shafter City Council
July 16, 2024

APPROVAL OF CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE MAY 25, 2024
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Community Services
Supervisor
NRNS
261
$3,696 -
$4,493
Dept. Reorganization -
Reclassification of Community
Services Manager
Utilities Manager NRNS
269
$3,839 -
$4,667
Dept. Reorganization -
Reclassification of Utility
Technician

ANALYSIS
Pursuant to California Code of Regulations (CCR) Section 570.5, CalPERS requires that the City Council adopt a pay schedule to authorize the employee pay rates and earnable reportable compensation formally. Enclosed is the revised City of Shafter Employee Bi-Weekly Pay Schedule for City Council adoption, effective May 25, 2024.

FISCAL IMPACT
The revisions are within the approved Fiscal Years 23/24 and 24/25 Annual Operating Budget. A budget amendment is not required.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a pay schedule and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ALTERNATIVES
None

NEXT STEPS
The adopted Employee Bi-Weekly Pay Schedule shall be submitted to CalPERS and made publicly available.

ATTACHMENTS

1. Bi-Weekly Pay Schedule Effective 2024 05 25

TITLE SALARY GRID RANGE ABCDE
Accountant, Senior (PT/Extra Help) Hourly
Accounting Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Accounting Technician I NR-NS 146 2,159 $ 2,267 $ 2,381 $ 2,500 $ 2,625 $ Accounting Technician II NR-NS 167 2,378 $ 2,497 $ 2,622 $ 2,753 $ 2,891 $ Accounting Technician III NR-NS 188 2,622 $ 2,753 $ 2,891 $ 3,035 $ 3,187 $ Administrative Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Administrative Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Administrative Assistant I NR-NS 147 2,169 $ 2,278 $ 2,392 $ 2,511 $ 2,637 $ Administrative Assistant II NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Administrative Assistant (PT/Extra Help) Tier I NR-NS Hourly 25.16 $ Administrative Assistant (PT/Extra Help) Tier II NR-NS Hourly 27.11 $ Animal Control Manager SPOA-NS 212 2,906 $ 3,052 $ 3,204 $ 3,364 $ 3,533 $ Animal Control Officer SPOA-NS 155 2,230 $ 2,342 $ 2,459 $ 2,582 $ 2,711 $ Animal Control Services Worker NR-NS 70 1,534 $ 1,611 $ 1,691 $ 1,776 $ 1,865 $ Budget Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Budget Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Building Inspector I NR-NS 232 3,223 $ 3,384 $ 3,553 $ 3,731 $ 3,917 $ Building Inspector II NR-NS 253 3,559 $ 3,737 $ 3,923 $ 4,119 $ 4,325 $ Building Inspector Supervisor NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Building Official, Chief DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ City Clerk NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ City Engineer NR-NS 365 6,091 $ 6,395 $ 6,715 $ 7,051 $ 7,403 $ City Manager Contract 8,910 $
City Manager, Deputy Contract 8,477 $
Code Enforcement Officer I NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Code Enforcement Officer II NR-NS 202 2,799 $ 2,939 $ 3,086 $ 3,241 $ 3,403 $ Community Engagement Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Community Services Assistant I (PT) - Tier I Hourly 23.00 $ Community Services Assistant I (PT) - Tier II Hourly 24.78 $ Community Services Assistant II (PT) - Tier I Hourly 26.15 $ Community Services Assistant II (PT) - Tier II Hourly 28.18 $ Community Services Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Community Services Supervisor NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Economic Development Coordinator NR-NS 277 3,989 $ 4,189 $ 4,398 $ 4,618 $ 4,849 $ Economic Development Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Engineer I NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Engineer II NR-NS 243 3,394 $ 3,563 $ 3,742 $ 3,929 $ 4,125 $ Equipment Operator SEIU 137 2,189 $ 2,299 $ 2,414 $ 2,534 $ 2,661 $ Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Finance Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ GIS Specialist I NR-NS 186 2,597 $ 2,727 $ 2,863 $ 3,007 $ 3,157 $ GIS Specialist II NR-NS 207 2,866 $ 3,009 $ 3,159 $ 3,317 $ 3,483 $ Human Resources Analyst I NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Human Resources Analyst II NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Human Resources Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Information Technology Analyst NR-NS 265 3,767 $ 3,956 $ 4,154 $ 4,361 $ 4,579 $ Information Technology Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Information Technology Manager, Assistant NR-NS 293 4,306 $ 4,521 $ 4,747 $ 4,985 $ 5,234 $ CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 5/25/2024 - Revised 6/11/24 - Adopted 7/16/24 ) $50.00 - $85.00 DOE

TITLE SALARY GRID RANGE ABCDE
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 5/25/2024 - Revised 6/11/24 - Adopted 7/16/24 ) Information Technology Specialist I NR-NS 199 2,760 $ 2,898 $ 3,043 $ 3,196 $ 3,355 $ Information Technology Specialist II NR-NS 238 3,315 $ 3,481 $ 3,655 $ 3,837 $ 4,029 $ Intern* - Tier I Hourly 16.00 $
Intern* - Tier II Hourly 17.24 $
Mechanic SEIU 157 2,399 $ 2,519 $ 2,645 $ 2,777 $ 2,916 $ Permit Technician NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Planner, Associate NR-NS 205 2,839 $ 2,981 $ 3,130 $ 3,286 $ 3,450 $ Planner, Senior NR-NS 281 4,066 $ 4,269 $ 4,482 $ 4,707 $ 4,942 $ Planning Director NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Police Captain NR-S 344 5,809 $ 6,100 $ 6,405 $ 6,725 $ 7,061 $ Police Chief DIR-S 384 6,865 $ 7,209 $ 7,569 $ 7,948 $ 8,345 $ Police Chief, Assistant NR-S 352 6,038 $ 6,340 $ 6,657 $ 6,990 $ 7,340 $ Police Dispatch Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Dispatcher SPOA-NS 154 2,220 $ 2,331 $ 2,448 $ 2,570 $ 2,699 $ Police Lieutenant NR-S 306 4,838 $ 5,080 $ 5,334 $ 5,601 $ 5,881 $ Police Officer SPOA-S 205 3,024 $ 3,176 $ 3,334 $ 3,501 $ 3,676 $ Police Officer Cadet - Tier I Hourly 25.50 $
Police Officer Cadet - Tier II Hourly 27.48 $
Police Officer, Senior SPOA-S 226 3,338 $ 3,504 $ 3,680 $ 3,864 $ 4,057 $ Police Records Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Records Technician NR-NS 163 2,336 $ 2,452 $ 2,575 $ 2,704 $ 2,839 $ Police Property & Evidence Technician NR-NS 204 2,825 $ 2,966 $ 3,115 $ 3,271 $ 3,434 $ Police Sergeant SPOA-S 262 3,957 $ 4,155 $ 4,363 $ 4,581 $ 4,810 $ Public Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Public Works Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Public Works Director, Assistant NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Director, Deputy NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Inspector NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Public Works Manager NR-NS 340 5,397 $ 5,667 $ 5,951 $ 6,248 $ 6,561 $ Service Crew Member I SEIU 106 1,901 $ 1,996 $ 2,096 $ 2,201 $ 2,311 $ Service Crew Member II SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Service Crew Member, Senior SEIU 172 2,572 $ 2,700 $ 2,835 $ 2,977 $ 3,126 $ Social Media/Media Relations Assistant (PT/Extra Help) - Tier I NR-NS Hourly 27.11 $ Social Media/Media Relations Assistant (PT/Extra Help) - Tier I NR-NS Hourly 29.21 $ Teacher (PT) - Tier I Hourly 39.69 $
Teacher (PT) - Tier II Hourly 42.76 $
Transit Driver (FT) NR-NS 83 1,625 $ 1,706 $ 1,791 $ 1,881 $ 1,975 $ Transit Driver (PT) - Tier I Hourly 18.33 $
Tranist Driver (PT) - Tier II Hourly 19.75 $
Transit Driver, Lead NR-NS 116 1,884 $ 1,978 $ 2,077 $ 2,181 $ 2,290 $ Utilities Manager NR-NS 269 3,839 $ 4,031 $ 4,233 $ 4,445 $ 4,667 $ Utility Billing Clerk (PT/Extra Help) - Tier I Hourly 22.60 $ Utility Billing Clerk (PT/Extra Help) - Tier II Hourly 24.35 $ Utility Operator I SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Utility Operator II SEIU 173 2,584 $ 2,713 $ 2,848 $ 2,991 $ 3,140 $ Utility Technician SEIU 205 2,999 $ 3,149 $ 3,306 $ 3,471 $ 3,645 $ The numbers on this schedule are rounded to the nearest dollar and may vary slightly from actual payroll calculations due to rounding. *Interns are paid at the California Minimum Wage

FULL-TIME PART-TIME
Spanish 5% $55.39 $55.39
Prorate per hour =
$1,440 Annual
Student +60 Units 2.5%
Associate Degree 2.5%
Bachelor Degree 5%
POST Intermediate 5% 5%
POST Advanced 5% 5%
POST Supervisor 2.5% 2.5%
Arborist (ISA Arborist) 2.5% 2.5%
Arborist (Tree Risk Assess.) 0.5% 0.5%
Arborist (Muni Spec.) 0.5% 0.5%
ASE (G1 and A1-A8 Master) 2.5% 2.5%
ASE (Medium/Heavy Truck) 1.0% 1.0%
ASE (Transit Bus Master) 1.0% 1.0%
Water (Distribution or Treatment) D1/T1 None None
Water (Distribution or Treatment) D2/T2 2.5% 2.5%
Water (Distribution or Treatment) D3/T3 1.5% 1.5%
Water (Distribution or Treatment) D4 1.0% 1.0%
Other Up to 5%
3 Years 2.5%
5 Years 2.5% 2.5%
7 Years 2%
10 Years 2.5% 2.5%
12 Years 2%
15 Years 2.5% 2.5%
16 Years 2%
20 Years 1% 2.5% 2.5%
Canine 2.5%
Shift Differential - Sworn (7 p.m. - 7 a.m.) $1.00/hr
Shift Differential - Dispatch (6 p.m. - 6 a.m.) $1.00/hr Longevity
Special Assignment
Bilingual
Education Incentive (5% Maximum)
Certificates
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 5/25/2024 - Revised 6/11/24 - Adopted 7/16/24 )

PREMIUM PAY FLAT AMOUNT AND/OR PERCENTAGE OF BASE BIWEEKLY AMOUNT

INCENTIVE

SHAFTER POLICE

OFFICER ASSOCIATION

SEIU PUBLIC WORKS
UNIT

NONREPRESENTED EMPLOYEES

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: July 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: INTRODUCE FOR SECOND READING BY TITLE ONLY AND WAIVE READING AND ADOPTION OF ORDINANCE NO. 754
APPROVING SPECIFIC PLAN AMENDMENT NO. 23-09 (MISSION

LAKES SPECIFIC PLAN)

RECOMMENDATION
Council find that the environmental impacts of the project have been previously analyzed; introduce for second reading, by title only, and waive reading and adopt Ordinance No. 754, an Ordinance of the City Council of the City of Shafter, California making findings and adopting Specific Plan Amendment No. 23-09 to the Mission Lakes Specific Plan as provided in Exhibit "A".

BACKGROUND
Lennar Homes of California, LLC (Lennar) is requesting an amendment to the Mission Lakes Specific Plan.

At the June 18, 2024, City Council meeting, the Council voted unanimously to introduce Ordinance No. 754 for a first reading and waive the reading. This action is the second reading of the Ordinance.

ANALYSIS
Lennar Homes of California, LLC (Lennar) is requesting an amendment to the Mission Lakes Specific Plan. Specifically, they are requesting the following:
• Allow for a maximum of 1,989 dwelling units within Planning Area (PA) 2a, 5, 6, 7a, 8, and 9. These units may be transferred between these PAs provided that the total number of units does not exceed 1,989.
• Allow for a maximum of 613 dwelling units with PA 2b, 2c, and 7b. These units may be transferred between these PAs provided that the total number of units does not exceed 613.
• Allow one minimum 2.0-acre park in PA-2 rather than two minimum 1.0-acre pocket parks.
• Allow two minimum 1.0-acre pocket parks in PA-5 where currently no parks are allowed.

INTRODUCE FOR SECOND READING BY TITLE ONLY AND WAIVE READING AND ADOPTION OF ORDINANCE NO. 754 APPROVING SPECIFIC PLAN AMENDMENT NO. 23-09 (MISSION

LAKES SPECIFIC PLAN)
- 2 -
• Allow one minimum 2.0-acre park in PA-7 rather than two minimum 1.0-acre pocket parks.
• Require minimum one lake and allow for open space and recreation and stormwater detention basins on 44.1 acres. Boundaries of public park may encroach on PA 5 and 6, but not the boundaries of PA 12 and 13. • Revise minimum lot width for minimum 4,000-square-foot lots in PA-1 through PA-9 to 45 feet from 50 feet for interior lots, 50 feet from 55 feet for corner and reverse corner lots, and 30 feet from 35 feet for cul-de-sac lots. • For 7,200-square-foot lots, if an interior lot width is 45 to less than 60 feet, then development standards for a 4,000-square-foot lot shall apply and a minimum side yard setback of 10 feet shall be enforced for corner and reverse corner lots. • For 6,000-square-foot lots, if an interior lot width is 45 to less than 60 feet, then development standards for a 4,000-square-foot lot shall apply and a minimum side yard setback of 10 feet shall be enforced for corner and reverse corner lots. • For 5,000-square-foot lots, if an interior lot is width is 45 to less than 60 feet, then development standards for a 4,000-square-foot lot shall apply and a minimum side yard setback of 10 feet shall be enforced for corner and reverse corner lots.
• Revisions to Architectural Diversity – Detached Single-Family; Building Mass, Form, and Scale; Rear Building Elevations; Plotting Concepts; Garages; and Doors and Windows sections of Chapter 5.

The main reason for this SPA is to further subdivide certain PAs by landownership and to allow these landowners the flexibility in moving the total number of dwelling units between certain revised PAs under a landowner’s control. PA 2a, 5, 6, 7a, 8 are currently owned by Lennar and PA2b, 2c, and 7b by SLR. The total number of dwelling units that can be moved between the aforementioned PAs was determined by taking the percentage of acreage in the original PAs for each landowner and applying percentage to the total number dwelling units for each affect PA to come up with a total number of dwelling units that can be moved around while not resulting in an increase in the total number of dwelling units originally approved for each PA.

The reason for the park revisions is because the landowners have a new vision for how the parks should be placed into the Specific Plan’s geography and to reduce the size of the lake envisioned in the current Specific Plan. Currently, the lake envisioned in the current Specific Plan is almost 30 acres. The applicant wishes to reduce the size of the lake for water conservation reasons and increase the amount of landscaping within the current lake site. The overall size of the lake and landscaping combined would not be reduced because of this SPA. The overall acreage of parks within the Specific Plan area would increase because of this amendment.

Other revisions to the Specific Plan include revising minimum lot widths for 4,000- square-foot for interior, corner and reverse corner, and lots and mirroring these revisions for 7,200-, 6,000-, and 5,000-square-foot lots.

Finally, the applicant is requesting revisions to various sections of the architectural

INTRODUCE FOR SECOND READING BY TITLE ONLY AND WAIVE READING AND ADOPTION OF ORDINANCE NO. 754 APPROVING SPECIFIC PLAN AMENDMENT NO. 23-09 (MISSION

LAKES SPECIFIC PLAN)
- 3 -
design guidelines for the Specific Plan, including:
• Architectural diversity – Detached single-family—elimination of the requirement that a maximum of 40% and a minimum of 20% of any one of six different styles shall be used within each PA.
• Building materials and colors—change from three to two colors for elevations, elimination of three roofing color requirement, and elimination of upgraded hardscape in two out of three homes.
• Building mass, form, and scale—elimination of single-story homes or significant single-story components on corner lots at entries and elimination of windowed garage door requirement.
• Rear building elevations—elimination of projections and recesses on long, unbroken stretches of exterior walls; elimination of required variation on second story rear elevations; elimination of articulation on rear elevations and roof planes; and change from three to two required elevations per floor plan. • Plotting concepts—elimination of plotting alternative floor plan types on contiguous lots where a floor plan shall not be used three times in a row, elimination of not allowing more than 65% of one floor plan on any cul-de-sac are along any street between intersecting street, elimination of having adjacent homes with varying front yard setbacks with exceptions, elimination of driveways towards the rear of the lot on corner lots, elimination of undergrounding utility boxes, and elimination of the requirement of four phone lines to each house. • Garages—elimination of the requirement of not having two adjacent homes with the same floor plan and elevation with the same garage door pattern; elimination of requiring a variety of garage door designs; elimination of minimizing visual impact by splitting doors into two or more single doors, incorporating windows into garage doors, and using alternative garage configurations; and eliminating design techniques for three door garages.
• Doors and windows—eliminating requirement that doors and windows shall be recessed into or projected out of structures.

The proposed changes are consistent with the adopted Mission Lakes Specific Plan.

The proposed changes do not result in an increase in the maximum number of housing units previously approved for the Specific Plan area; reduce overall park opportunities; or change wall, street, and landscaping requirements.

The total number of dwelling units in the remaining PAs will remain the same. Suburban Land Reserve Inc. (SLR) and 7th Standard Ranch Investors LLC, the other property owners within the Specific Plan area, have provided staff with letters stating that they authorize Lennar to request the specific plan amendment. Please see Exhibit A of Exhibit 2 to review the revisions to the Mission Lakes Specific Plan.

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

INTRODUCE FOR SECOND READING BY TITLE ONLY AND WAIVE READING AND ADOPTION OF ORDINANCE NO. 754 APPROVING SPECIFIC PLAN AMENDMENT NO. 23-09 (MISSION

LAKES SPECIFIC PLAN)
- 4 -

CEQA ANALYSIS
The amendment is within the scope and intensity of the original Mission Lakes 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) and an Addendum to the Certified Final Program Environmental Impact Report for the City of Shafter 2005 General Plan Update and Related Actions (State Clearinghouse No. 2004101029) for Development Agreement No. 06-03 (Addendum). The certified Program EIR and Addendum adequately describes the environmental effects of developing the Specific Plan area with a maximum of 5,334 approved residential units, and the amendment does not increase the maximum units. The Project will not have a significant effect on the environment that has not already been previously analyzed and therefore, the Project has already been analyzed for purposes of the California Environmental Quality Act (CEQA).

APPROVED BY THE CITY ATTORNEY

ALTERNATIVES
The City Council could deny the proposed action and the specific plan amendment would not be approved.

NEXT STEPS
The Ordinance will go into effect 30 days from its approval date and, within 20 days after its adoption, a copy of same will 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.

ATTACHMENTS

1. Exhibit 1 - Specific Plan Area

2. Exhibit 2 - Ordinance No. 754

3. Exhibit A of Exhibit 2

Exhibit 1 - Specific Plan Area
Copyright nearmap 2015
Specific Plan
Shafter City Limits
Road Centerlines
Arterial
Collector
Highway
Local
4/29/2024, 1:59:10 PM
0 0.25 0.5 1 mi
0 0.4 0.8 1.6 km
1:36,112
City of Shafter
City of Shafter | Source: U.S. Census Bureau | County of Kern Planning Department, Bakersfield, California. | Kern County Assessor's Office, Mapping Section.

EXHIBIT 2
ORDINANCE NO. 754

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

CALIFORNIA MAKING FINDINGS AND ADOPTING SPECIFIC PLAN
AMENDMENT NO. 23-09 TO THE MISSION LAKES SPECIFIC PLAN AS PROVIDED IN EXHIBIT “A”.

WHEREAS, Lennar Homes of California, LLC (“Lennar”), a limited liability corporation, is requesting to amend the Mission Lakes Specific Plan (“Project”) to:
1) Allow for a maximum of 1,989 dwelling units within Planning Area (PA) 2a, 5, 6, 7a, 8, and

9. These units may be transferred between these PAs provided that the total number of units does not exceed 1,989.
2) Allow for a maximum of 613 dwelling units with PA 2b, 2c, and 7b. These units may be transferred between these PAs provided that the total number of units does not exceed 613. 3) Allow one minimum 2.0-acre park in PA-2 rather than two minimum 1.0-acre pocket parks. 4) Allow two minimum 1.0-acre pocket parks in PA-5 where currently no parks are allowed. 5) Allow one minimum 2.0-acre park in PA-7 rather than two minimum 1.0-acre pocket parks. 6) Require a minimum of one lake and allow for open space and recreation and stormwater detention basins on 44.1 acres. Boundaries of public park may encroach on PA 5 and 6, but not the boundaries of PA 12 and 13.
7) Revise minimum lot width for minimum 4,000-square-foot lots in PA-1 through PA-9 to 45 feet from 50 feet for interior lots, 50 feet from 55 feet for corner and reverse corner lots, and 30 feet from 35 feet for cul-de-sac lots.
8) For 7,200-square-foot lots, if an interior lot width is 45 to less than 60 feet, then development standards for a 4,000-square-foot lot shall apply and a minimum side yard setback of 10 feet shall be enforced for corner and reverse corner lots.
9) For 6,000-square-foot lots, if an interior lot width is 45 to less than 60 feet, then development standards for a 4,000-square-foot lot shall apply and a minimum side yard setback of 10 feet shall be enforced for corner and reverse corner lots.
10) For 5,000-square-foot lots, if an interior lot is width is 45 to less than 60 feet, then development standards for a 4,000-square-foot lot shall apply and a minimum side yard setback of 10 feet shall be enforced for corner and reverse corner lots.
11) Revisions to Architectural Diversity – Detached Single-Family; Building Mass, Form, and Scale; Rear Building Elevations; Plotting Concepts; Garages; and Doors and Windows sections of Chapter 5; and
WHEREAS, on May 14, 2024, the Planning Commission of the City of Shafter recommended the City Council adopt Specific Plan Amendment No. 23-09 under Resolution No. 24-440; and
WHEREAS, the City Council, through the City Clerk, did set Tuesday, June 4, 2024, 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 17 of the Shafter Municipal Code; and

Shafter City Council Ordinance No. 754
July 16, 2024

WHEREAS, the City Council continued the hearing to a date certain of June 18, 2024, at the hour of 6 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place to continue the public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title 17 of the Shafter Municipal Code; and
WHEREAS, the City Council of the City of Shafter, at its regularly scheduled meeting on June 18, 2024, determined that Specific Plan Amendment No. 23-09 is within the scope and intensity of the original Mission Lakes Specific Plan analyzed in the Program Environmental Impact Report (“Program EIR”) that was certified for the 2005 City of Shafter General Plan Update (SCH No. 2004101029) and an Addendum to the Certified Final Program Environmental Impact Report for the City of Shafter 2005 General Plan Update and Related Actions (State Clearinghouse No. 2004101029) for Development Agreement No. 06-03 (“Addendum”); and WHEREAS, it was also determined that the certified Program EIR and Addendum adequately describes the environmental effects of developing the Specific Plan area with a maximum of 5,334 approved residential units, and the Specific Plan Amendment No. 23-09 does not increase the maximum units and therefore, the Project will not have a significant effect on the environment that has not already been previously analyzed and the Project has already been analyzed for purposes of the California Environmental Quality Act; 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 Mission Lakes Specific Plan (Specific Plan Amendment No. 23-09) 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 goals, objectives, policies, and programs of the General Plan and adopted Mission Lakes 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.

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 Mission Lakes Specific Plan, pursuant to Specific Plan Amendment No. 23-09, is consistent with the City of Shafter’s General Plan.

Shafter City Council Ordinance No. 754
July 16, 2024

SECTION 3: 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. 23-09, as shown in Exhibit “A”, attached hereto, and made part of this Ordinance as though fully set forth herein.

SECTION 4: 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 5: 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.

PASSED AND ADOPTED THIS 16th DAY OF JULY, 2024.
_____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney

Exhibit A

Mission Lakes
Specific Plan
Prepared for:

City of Shafter
336 Pacific Avenue
Shafter, CA 93263
(661) 746-2065
Proposed by:

Seventh Standard Road Investors, LLC
3101 State Road
Bakersfield, CA 93308
(661) 633-7582
Contact: Lee Jamieson
March 2005
Original Approval: March 2005
Revised: April 2024

MARCH 2005 TABLE OF CONTENTS
i

TABLE OF CONTENTS

1.0 INTRODUCTION ...............................................................................................1-1

1.1 Purpose and Intent................................................................................................. 1-1

1.2 Authority and Scope.............................................................................................. 1-1

1.3 Action Expectations ............................................................................................... 1-2

1.4 Specific Plan User’s Guide.................................................................................... 1-3

2.0 PROJECT LOCATION AND SETTING ...................................................................2-1

2.1 Location ................................................................................................................... 2-1

2.2 Surrounding Land Uses and Development ....................................................... 2-1

2.3 Existing Site Conditions........................................................................................ 2-4

2.4 Land Use Designations and Zoning.................................................................... 2-6

3.0 COMMUNITY DEVELOPMENT PLAN....................................................................3-1

3.1 Project Summary.................................................................................................... 3-1

3.2 Design Objectives................................................................................................... 3-1

3.3 Land Use Plan Overview ...................................................................................... 3-2

3.4 Planning Areas ....................................................................................................... 3-7

3.5 Circulation ............................................................................................................ 3-14

3.6 Parks and Recreation........................................................................................... 3-18

3.7 Landscape Plan..................................................................................................... 3-21

3.8 Wall and Fence Plan ............................................................................................ 3-21

3.9 Grading Concept.................................................................................................. 3-24

3.10 Public Facilities..................................................................................................... 3-24

3.11 Public Services...................................................................................................... 3-28

4.0 DEVELOPMENT STANDARDS AND REGULATIONS ...............................................4-1

4.1 General Provisions................................................................................................. 4-1

4.2 Development Standards and Regulations.......................................................... 4-6

5.0 DESIGN GUIDELINES .......................................................................................5-1

5.1 Purpose and Intent................................................................................................. 5-1

5.2 Architectural Design Guidelines ......................................................................... 5-2

6.0 SPECIFIC PLAN ADMINISTRATION .....................................................................6-1

6.1 Administration ....................................................................................................... 6-1

6.2 Required Findings.................................................................................................. 6-4

6.3 Implementation ...................................................................................................... 6-5

6.4 Phasing Plan ........................................................................................................... 6-7

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LIST OF FIGURES
Figure 2-1 Regional Map ................................................................................................... 2-2 Figure 2-2 Vicinity Map..................................................................................................... 2-3 Figure 2-3 Aerial Map........................................................................................................ 2-6 Figure 2-4 Topographic Map ............................................................................................ 2-7 Figure 2-5 General Plan Land Use Map .......................................................................... 2-8 Figure 3-1 Land Use Plan .................................................................................................. 3-3 Figure 3-2 Circulation Plan ............................................................................................. 3-16 Figure 3-3 Typical Street Cross Sections ....................................................................... 3-17 Figure 3-4 Parks and Recreation Plan............................................................................ 3-20 Figure 3-5 Landscape Plan with Entry Monuments.................................................... 3-22 Figure 3-6 Wall and Fence Plan...................................................................................... 3-23 Figure 3-7 Master Water Plan......................................................................................... 3-26 Figure 3-8 Master Sewer Plan......................................................................................... 3-27 Figure 4-1 Development Standards – 7,200 Square Foot Lots ................................... 4-10 Figure 4-2 Development Standards – 6,000 Square Foot Lots ................................... 4-14 Figure 4-3 Development Standards – 5,000 Square Foot Lots ................................... 4-18 Figure 4-4 Development Standards – 4,000 Square Foot Lots ................................... 4-22 Figure 4-5 Development Standards – Garden Court................................................... 4-26 Figure 4-6 Development Standards – Townhouse ...................................................... 4-29 Figure 5-1a Mission Lakes Boulevard Streetscape ........................................................ 5-20 Figure 5-1b Street “C” Streetscape ................................................................................... 5-21 Figure 5-1c Zerker Road Streetscape............................................................................... 5-22 Figure 5-2 Entry Monument-Elevation ......................................................................... 5-24 Figure 5-3 Entry Monument-Plan View........................................................................ 5-25 Figure 5-4 Private Recreation (HOA) ............................................................................ 5-27 Figure 5-5 Public Recreation........................................................................................... 5-28 Figure 5-6 Neighborhood Pocket Park.......................................................................... 5-29 Figure 5-7 Paseo and Trail Cross Sections .................................................................... 5-31 Figure 5-8 Wall and Fence – Detail A............................................................................ 5-34 Figure 5-9 Wall and Fence – Detail B............................................................................. 5-36 Additional
Public

MARCH 2005 TABLE OF CONTENTS
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LIST OF TABLES
Table 3-1 Mission Lakes Statistical Summary...................................................................... 3-4 Table 4-1 Development Standards Summary: 7,200 Square Foot Lots........................... 4-9 Table 4-2 Development Standards Summary: 6,000 Square Foot Lots......................... 4-13 Table 4-3 Development Standards Summary: 5,000 Square Foot Lots......................... 4-17 Table 4-4 Development Standards Summary: 4,000 Square Foot Lots......................... 4-21 Table 4-5 Development Standards Summary: Garden Court........................................ 4-25

MARCH 2005 1.0 INTRODUCTION
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1.0 INTRODUCTION

1.1 PURPOSE AND INTENT
Mission Lakes is designed as a planned community on 1,356.8 gross acres of unincorporated territory in the City of Shafter Sphere of Influence (SOI). The City of Shafter General Plan update designates an area in the southerly portion of the SOI as Specific Plan, which includes the Mission Lakes property. Annexation of the area designated as Specific Plan is proposed. The development of Mission Lakes will proceed as an orderly conversion of agricultural land to urban uses characterized predominantly by suburban-type residential densities. Community amenities will serve local neighborhood needs and will be integrated into two neighborhood centers. These centers will include some combination of recreation, school, park, public services and/or commercial uses located in close proximity to housing. The development of Mission Lakes is an opportunity to establish a unique and cohesive community identity in Shafter with the provision of entry monuments, landscape treatments, parkways, and appropriate architecture. The interface between individual development areas in the Mission Lakes community will be unified through a well-designed streetscape.

This Specific Plan document is intended to serve as the City of Shafter’s long range plan for the physical development of the Mission Lakes community and a guide to all future development proposals within the boundaries of the Specific Plan area. The Environmental Impact Report (EIR) for the City of Shafter General Plan Update, Adopted [INSERT DATE], addresses environmental issues in the Mission Lakes Specific Plan area. The EIR provides California Environmental Quality Act (CEQA) analysis for approval of the Mission Lakes Specific Plan.

1.2 AUTHORITY AND SCOPE
The Mission Lakes Specific Plan (MLSP) has been prepared pursuant to the provisions of California Government Code Section 65450, which grants local government agencies the authority to prepare specific plans for the systematic implementation of the general plan. A specific plan effectively establishes a link between implementing policies of the general plan and individual development proposals in a defined area. A specific plan may be as general as setting forth broad policy concepts, or as detailed as providing direction to every facet of development from the type, location, and intensity of uses to the design and capacity of infrastructure; from the resources used to finance public improvements to the design guidelines of a subdivision.

This Specific Plan is designed to address site specific issues and to provide policy guidance, development standards, and regulations for a localized area within the City of Shafter General Plan 6/21/2005

MARCH 2005 1.0 INTRODUCTION
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study area. Furthermore, the Shafter General Plan provides overall guidance for physical development in Shafter and is broader in scope than this Specific Plan.

The Mission Lakes Specific Plan contains detailed text and exhibits, which describe the various land uses, amenities, and infrastructure improvements envisioned to occur in the community. Chapter 3 of this document sets forth the master development plan. Design guidelines and development standards in Chapters 4 and 5 will guide site planning, architecture, design and landscaping. A comprehensive analysis has been undertaken to ensure that implementation of the Specific Plan results in the construction of a high-quality community. This document will also guide the buildout of Mission Lakes in a manner that is consistent with State and City policies and standards.

The City of Shafter Development Code, Title 17, Chapter 15, specifies the purpose, requirements, regulations, and procedures for preparation of a Specific Plan in the City of Shafter. California Government Code, Sections 65450 through 65454, establish the authority to adopt a Specific Plan, identify the required contents of a Specific Plan, and mandate consistency with the General Plan.

The California Government Code states that a “Specific Plan shall include a statement of the relationship of the Specific Plan to the General Plan, and further, that it may not be adopted or amended unless found to be consistent with the General Plan.”
In response to government requirements, this Specific Plan has been prepared to provide the essential link between City of Shafter General Plan policies and actual development in the Specific Plan area. By functioning as a regulatory document, the Mission Lakes Specific Plan provides a means of implementing the City of Shafter’s General Plan and detailing a specific development proposal for the property. In this regard, all future development plans, tentative parcel and/or tract maps or other similar entitlements, shall be consistent with regulations set forth in this document and with all applicable City regulations.

1.3 ACTION EXPECTATIONS
Numerous statements occur in this plan in the form of policies, standards, and guidelines that define action expectations to successfully implement the plan. The following terms clarify the level of commitment intended in the plan, and reflect the expectation or desired outcome. The application of each term to a particular policy or action is a deliberate application of these definitions.
• Shall. We will always follow the policy or apply the standard. This is our absolute commitment to the direction expressed. Our expectation is that the direction will definitely be implemented under all circumstances.
• Should. We will follow the policy or apply the standard in almost all cases. Exceptions or degrees of implementation are acceptable for good reason. Our expectation is that the direction will almost always be followed.

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• Allow. We will permit someone else’s initiative and support it unless there is a very good reason not to. Our expectation is that the direction will generally be implemented, even though a party other than the City carries it out.
• Consider. We will investigate the proposed action or standard to determine the actual level of commitment that is appropriate under the circumstances. Our expectation is that an open-mined effort will be made to evaluate the possibilities until facts are determined and a decision can be made based on those facts.
• Restrict. We will take action within certain bounds to limit the direction defined. Our expectation is that implementation will occur, but at a constrained level or within specified limits.
• Prohibit. We will actively prevent a specified condition, use or standard from occurring.

Our expectation is that the condition or action described will not happen under any circumstance.

Other terminology may appear in certain policy statements. These terms are to be interpreted according to their similarity to the appropriate term described above.

1.4 SPECIFIC PLAN USER’S GUIDE
• Chapter 1 – Introduction: includes the document’s purpose and intent, authority and scope, and this 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 and Zoning Map.
• 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. These criteria will be applied in the same manner that the City of Shafter Development Code applies elsewhere in the City.
• Chapter 5 – Design Guidelines: contains design guidelines which will define the community character including but not limited to architecture, landscaping, walls and fences, and signage.
• Chapter 6 – Specific Plan Administration: describes the project phasing and sets forth administrative procedures for implementing the Specific Plan.

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2.0 PROJECT LOCATION AND SETTING

2.1 LOCATION
The Mission Lakes Specific Plan (MLSP) is located southeast of the City of Shafter in an unincorporated area of Kern County, approximately 6 miles northwest of the City of Bakersfield (see Figure 2-1, Regional Map). State Route 43 (SR-43) and State Route 99 (SR-99) provide regional access to Shafter and the Specific Plan area. The SR-99 is the closest freeway to Mission Lakes, and the primary local access to the Specific Plan area would be from Seventh Standard Road. Access to individual development areas within the Mission Lakes Specific Plan area will be made possible from the development of new roads.

Specifically, the Mission Lakes Specific Plan area is bordered on the north by farmland; on the south by Seventh Standard Road; on the east by the Calloway canal; and extends past Zerker Road on the west. Figure 2-2 shows the boundaries and vicinity of the Specific Plan area.

2.2 SURROUNDING LAND USES AND DEVELOPMENT
Agricultural uses are an important part of the City’s economic base and comprise the majority of existing and planned land uses in the City. With the exception of small isolated areas of rural residential development approximately 1.25 miles to the east of the Specific Plan area and opposite the site on Seventh Standard Road, the surrounding land uses are agriculture and include the City’s irrigation system and NKWS Recharge Basin. Furthermore, farmland to the west and northwest of the Specific Plan area are in agricultural land preserves under the Williamson Act. Some of these agricultural preserves will remain under land conservation contracts; others have been nonrenewed. Oil as a mineral resource is also an important land use in the region. Large and small oil fields and tanks farms can be found throughout the surrounding area, including the Fruitvale Oil Field located southeast of the property.

As described above under Section 2.1, the Mission Lakes property is bounded on the east by the Calloway Canal, a major irrigation canal. Although the bordering canal, and nearby freeway and railroad are not part of the Mission Lake property, they are important to the development of Mission Lakes because they guide certain aspects of its design, such as necessitating road improvements over the canals to provide access to adjacent development and requiring landscape zones or other design features that buffer urban development from potential hazards, such as drowning, that may result from siting residential development nearby a canal. Figure 2-3 is an aerial photograph of the Mission Lakes property and its surroundings.

Regional Map Figure 2-1
not to scale

Vicinity Map Figure 2-2
Legend
not to scale

Aerial Map Figure 2-3
not to scale
Legend
Oil Wells

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2.3 EXISTING SITE CONDITIONS
The Specific Plan area has been historically used primarily as agricultural land. Land within the Specific Plan area located approximately 0.5 miles north of Seventh Standard Road and continuing north to the northern Specific Plan boundary is under Williamson Act Land Use Contract and has been non-renewed. The majority of the site is covered by a cotton crop, with various dirt roads providing access to and within the farmed area. Farming is supported by five water wells, nine electric powered water transfer units, three concrete lined ditches and an unlined ditch that feeds from the Calloway Canal. Electricity is supplied to the pumps in the eastern portion by a row of power lines. The twenty pole mounted transformers located on the property appear in good condition and show no signs of leakage. Within the south central portion of the property lies a 5.5 acre parcel occupied by two separate, fenced oilfield production facilities, a fenced agricultural equipment storage area, and adjacent parking areas. The production facilities take crude oil and gas from the seven producing wells that are lined up to the north.

The California Division of Oil Gas and Geothermal Resources (CDOGGR) records cite the presence of nine abandoned exploratory oil wells and seven producing wells on the Mission Lakes property, which are identified in Figure 2-3. In the event that a building is constructed within 10 feet of an abandoned 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 addition, CDOGGR has specific requirements for well access. 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 CDOGGR requirements.

Topographically, the Mission Lakes site is characterized as flat to gently sloping in a southwesterly direction as shown in Figure 2-4, Topographic Map. Elevations range from 361 to 385 feet above mean sea level. The property does not have any distinguishing geologic formations or topographic features due to its relative flatness. The south end of the San Joaquin Valley is surrounded on all sides, excluding the north, by active fault systems including the San Andreas, White WolfBreckenridge-Kern Canyon, and Garlock Faults. Numerous smaller faults exist within the valley floor. The closest known faults to the property are subsurface faults located at the Fruitvale Oil Field. These faults are not thought to be active in the last two million years according to a report prepared by Krazan &Associates.1
The Mission Lakes area is located within a structural trough between the Coast Ranges and the Sierra Nevada Mountains. Erosion from both of these mountain systems has resulted in the deposition of immense thickness of sediments in the Valley floor. Heavily-laden streams from the Sierra Nevada have built very prominent alluvial fans along the margins of the San Joaquin Valley.

The alluvial deposits are mostly cohesionless sands and silts, with some clayey soils to the northeast

1 Karzan &Associates, Preliminary Geotechnical Investigation, Bakersfield, CA., 2004.

MARCH 2005 2.0 PROJECT LOCATION AND SETTING
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and central portions of the site. The estimated swell pressures of the clayey soils are not expected to be a major structural consequence, but it may cause minor movement effecting slabs and possible stucco or similar brittle exterior finishes. It is recommended the upper 18 inches of soil within building areas consist of non-expansive engineered fill. Up to 3 ½ feet of fill material exists at various locations due to the construction of access roads and irrigation ditches. The fill material will be suitable for re-use as engineered fill, provided it is cleansed of excessive organics and debris.

Average depth to groundwater is 200 feet.

Buried utility lines are located along the edges of the site. Demolition activities should include proper removal of these and their associated buried structures. Buried utility lines should be removed and/or re-routed if not utilized for the proposed development. As well, for any basins or irrigations ditches not utilized for the proposed development, it is recommended that all concrete, deleterious materials and loose soils be removed prior to backfilling. Any buried structures encountered during construction should be properly removed and the resulting excavations backfilled with engineered fill. Water wells should be abandoned in accordance with County standards.

2.4 LAND USE DESIGNATIONS AND ZONING

2.4.1 GENERAL PLAN
The Mission Lakes property is part of a larger area that has been designated as “Specific Plan” in the City of Shafter General Plan. Figure 2-5 shows the City of Shafter General Plan Land Use Map and land use designations in the area surrounding the Specific Plan. The intent of the Specific Plan designation is to provide a mix of residential, commercial, industrial, parks, schools and community facilities in a master-planned community setting and to encourage orderly urban development and the creation of a unique community identity in Shafter.

2.4.2 ZONING
The Specific Plan area is designated as Mission Lakes Specific Plan (SP-2) in the City of Shafter Development Code.

Topographic Map Figure 2-4
not to scale

General Land Use Plan Designations Figure 2-5
Source: Proposed General Plan, City of Shafter, LSA
not to scale

UP & SP RR
Z
ercker R
d

CALLOWAY CANAL
FIGURE 3.2
Mission Lakes Boundary

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3.0 COMMUNITY DEVELOPMENT PLAN

3.1 PROJECT SUMMARY
Mission Lakes is envisioned as a master planned community containing a maximum of 5,334 dwelling units; a major commercial center; locations for an elementary and middle school; and private and public recreation facilities. A variety of detached and attached single-family residential homes will be provided that will appeal to a wide range of future home buyers, responding to both local and regional housing needs. Multi-family residential homes will also be provided near commercial areas for the convenience of residents and to reduce dependency on vehicle travel.

Public and private recreation amenities will enhance the area and include such facilities as a community sports center adjacent to a lake, a neighborhood park, pocket parks and a comprehensive trail/paseo system that will provide linkage to neighborhoods, schools and shopping areas. The commercial center, located with major access to Seventh Standard Road, is envisioned to serve a larger region and will include a mixture of restaurants, entertainment and retail operations such as home improvement stores, discount stores and other junior retail stores.

The heaviest concentration of residential uses will be adjacent the commercial center which will also provide convenient support to the core uses.

As part of the development, infrastructure improvements will be made that include a primary traffic circulation system, water and wastewater systems. Development of internal roadways and public facilities such as storm water collection systems will occur concurrently with residential development and are planned to accommodate the build-out requirements of Mission Lakes, ensuring that the City’s standards for orderly growth are implemented. A brief description of the Mission Lakes community is included in the remainder of this chapter.

3.2 DESIGN OBJECTIVES
The Mission Lakes Specific Plan provides a long-range comprehensive planning approach that cannot be accomplished solely by designing the site at a parcel level. To achieve this goal, a number of important issues were considered during preparation of this Specific Plan document, including the City of Shafter Development Code, the updated 2005 General Plan, as well as engineering feasibility, environmental constraints, market acceptance, economic viability, and local community goals. To ensure the functional integrity, economic viability, environmental sensitivity and positive aesthetic contribution of the Mission Lakes Specific Plan, this analysis was used to establish the following list of project objectives. The Mission Lakes project intends to:

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• 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 City.
• Provide a balance of compatible and complementary residential, recreational and commercial land uses in a well-designed master-planned community. • Provide for a mix of land uses focused on compact pedestrian-oriented principles. • Provide a range of housing types, densities and design for diverse ages and income levels through both attached and detached housing options.
• Anticipate market demand and public need by providing development standards that will allow the specific plan to accommodate changing housing preferences. • Provide active and passive recreational amenities to meet the needs of the project residents by incorporating community sports centers, public and private recreational facilities and parks and a trail system.
• Create an aesthetically pleasing and distinct community identity through the establishment of design criteria for architecture, landscaping, walls, street improvements, signs, entry monuments and other planning and design features.
• 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.

A total of 1989 dwelling units will be permitted in PA's 2a, 5, 6, 7a, 8, and 9. Units may be

3.3 LAND USE PLAN OVERVIEW
The Mission Lakes Specific Plan area will contain a high quality and aesthetically pleasing community composed of residential, recreational, commercial, and educational land uses on 1,356.8 gross acres. The land use plan was developed to create a complementary mix of land uses that will appeal to a broad spectrum of the local population. The Mission Lakes site design also reflects a plan consistent with applicable City of Shafter ordinances, development standards and guidelines.

The Land Use Plan for Mission Lakes is illustrated on Figure 3-1, Land Use Plan, and includes 16 planning areas. Specific information on each of the planning areas is provided in Table 3-1, Statistical Summary, below and in Section 3.4 that follows. transferred between Planning Areas provided the total number of dwelling units does not exceed 1989.

A total of 613 dwelling units will be permitted in PA 2b, 2c, and 7b. Units may be transferred between these Planning Areas provided the total number of dwelling units does not exceed 613. Page 193 of 494
Statistical Analysis
PA-1
157.6 AC***
PA-15

26.5 AC
PA-16
129.1 AC
PA-4
100.2 AC***
PA-2
179.5 AC
PA-3

87.1 AC
PA-11

24.1 AC
PA-6

24.6 AC PA-7
127.6 AC
PA-12

23.1 AC
PA-10

44.1 AC***
PA-9

49.8 AC
PA-14

24.1 AC
PA-13

12.0 AC
PA-5

78.8 AC
PA-8
114.2 AC
***Number includes school/lake acreage.

Land Use Plan Figure 3-1 0‘ 2000‘ 1000‘
Elementary
School

15.0 AC
Lake

33.1 AC
Middle
School

25.0 AC
LAND USE PA ACRES* DENSITY MAX
DUsRESIDENTIALLow Density Res. (LDR) PA-1 132.6 4-7.5 du/ac 745Low Density Res. (LDR) PA-2 179.5 4-7.5 du/ac 720Low Density Res. (LDR) PA-3 87.1 4-7.5 du/ac 307Low Density Res. (LDR) PA-4 85.2 4-7.5 du/ac 435Low Density Res. (LDR) PA-5 78.8 4-7.5 du/ac 375Low Density Res. (LDR) PA-6 24.6 4-7.5 du/ac 126Low Density Res. (LDR) PA-7 127.6 4-7.5 du/ac 486Low Density Res. (LDR) PA-8 114.2 4-7.5 du/ac 620Low Density Res. (LDR) PA-9 49.8 4-7.5 du/ac 275Medium Density Res. (MDR) PA-12 23.1 7.5-14 du/ac 236Medium Density Res. (MDR) PA-13 12.0 7.5-14 du/ac 123Medium-High Density Res. (MHDR) PA-14 24.1 18-24 du/ac 400Medium-High Density Res. (MHDR) PA-15 26.5 18-24 du/ac 486TOTAL 965.2 5,334NON-RESIDENTIALCommercial PA-16 129.1Middle School PA-1 25.0Elementary School PA-4 15.0TOTAL 169.1PARKS & RECREATIONPrivate Recreation (HOA)** PA-10 11.0Lake PA-10 33.1Public Park PA-11 24.1TOTAL 68.2Public Road 71.6Calloway Canal ROW 82.6TOTAL-GROSS ACREAGE 1,356.8 *Excludes ROW for roads defined on Circulation Plan
** Additional private pocket parks located throughout residential areas.Note: Lot sizes are averaged to achieve maximum dwelling unit count for each planning area.

73.2 AC 70.3 AC 124.9 AC 19.7 AC 168.5 AC 97.8 AC 67.3 AC 89.3 AC 101.2 AC 26.8 AC 74.4 AC Parcel 8 Parcels 9 & 10 Parcels 11 & portion of 12
Parcels 26 & 27 Parcel 28 Parcels 13 & 14 Parcel 15 Parcel 16 PA-7b Parcels 19 & 20 Parcel 18Parcel 31 11.7 acres Parcel 30 13.1 acres Parcels 23, 24 & 25

23.9 Parcel 5 Parcels 1, 2, 3 & 4Parcels 6 & 7 2 5 40.0 AC PA-7a 42.7 AC PA-2b PA-2a PA-2c Parcel 22 38.0 AC Parcels 17 & 21

69.4 AC Parcel D 29.6 acres 42.7

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TABLE 3-1

MISSION LAKES STATISTICAL SUMMARY

LAND USE
(ZONING)

PLANNING
AREA
NET
ACRES1

DENSITY RANGE
(DU/AC)
MAX.

DWELLING
UNITS

RESIDENTIAL LAND USE
Low-Density Residential (LDR) PA-1 132.6 4-7.5 du/ac 745 Low-Density Residential (LDR) PA-2 179.5 4-7.5 du/ac 720 Low-Density Residential (LDR) PA-3 87.1 4-7.5 du/ac 307 Low-Density Residential (LDR) PA-4 85.2 4-7.5 du/ac 435 Low-Density Residential (LDR) PA-5 78.8 4-7.5 du/ac 375 Low-Density Residential (LDR) PA-6 24.6 4-7.5 du/ac 126 Low-Density Residential (LDR) PA-7 127.6 4-7.5 du/ac 486 Low-Density Residential (LDR) PA-8 114.2 4-7.5 du/ac 620 Low-Density Residential (LDR) PA-9 49.8 4-7.5 du/ac 275 Medium Density Residential (MDR) PA-12 23.1 7.5-14 du/ac 236 Medium Density Residential (MDR) PA-13 12.0 7.5-14 du/ac 123 Medium High Density Residential (MHR) PA-14 24.1 18.0-24.0 du/ac 400 Medium High Density Residential (MHR) PA-15 26.5 18.0-24.0 du/ac 486 TOTAL 965.2 5334

NON-RESIDENTIAL LAND USE
Commercial PA-16 129.1
Middle School PA-1 25.0
Elementary School PA-4 15.0
TOTAL 169.1
PARKS AND RECREATION LAND USE2
Private Recreation (HOA) PA-10 11.0
Private Recreation (Lake) PA-10 33.1
Public Park PA-11 24.1
TOTAL 68.2
Road right-of-way 71.6
Calloway canal 82.6
TOTAL GROSS ACREAGE 1,356.8

1. Developable area after exclusion of road right-of-way as shown on Circulation Plan.

2. Does not include 10 one-acre conceptual private recreation (pocket parks) shown on Parks & Recreation Plan.

Note: Developable acreage will be further reduced by right-of-way for local streets within each planning area.

3.3.1 RESIDENTIAL LAND USES
Residential planning areas account for 965.2 net acres of the project site, containing 5,334 dwelling units (du). The overall gross density of the Specific Plan shall not exceed 4.0 dwelling units per gross acre. In conformance with project goals, a variety of low density single-family (detached); medium density (attached and detached) housing styles, sizes and values are proposed, appealing to a wide range of future Shafter residents. The detached single-family housing mix will offer lot Public
Public

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sizes ranging between 4,000 square feet and 7,200 square feet. In addition, medium high density residential uses in the form of multi-family housing will be provided.

A. LOW DENSITY RESIDENTIAL (LDR)
The Low Density Residential (LDR) land use designation is intended to provide for the development of single-family detached homes on a variety of lot configurations. The density range of LDR shall be 4 to 7.5 dwelling units per acre. The LDR designation allows a range of lot sizes from a minimum 4,000 square feet to 7,200 square feet. The LDR designation provides flexibility with product types and styles that appeal to a range of market segments from first-time buyers to families.

B. MEDIUM DENSITY RESIDENTIAL (MDR)
The Medium Density Residential (MDR) land use designation is intended to provide for the development of a variety of attached, detached and clustered single-family dwellings. The density range for MDR shall be 7.5 to 14.0 dwelling units per acre. Typical products include garden court and townhomes.

C. MEDIUM HIGH DENSITY RESIDENTIAL (MHDR)
The Medium High Density Residential (MHDR) land use designation is intended to provide for the development of multi-family, rental properties. The density range for MHDR shall be 18-24 dwelling units per acre.

3.3.2 NON-RESIDENTIAL LAND USES
Non-residential land uses account for 169.1 net acres of the Specific Plan and are comprised of major commercial uses and public schools. Public services such as fire and police facilities will be provided as necessary throughout the community as permitted uses. Chapter 4 provides details of permitted and conditionally permitted uses.

A. MAJOR COMMERCIAL
Commercial uses will be built in Planning Area 16 on approximately 129.1 net acres to serve the Mission Lakes community and the surrounding region. The commercial uses are conveniently located in the southwest corner of the development at one of the major entrances to Mission Lakes on Seventh Standard Road. Seventh Standard Road has been designated as a major arterial in the Shafter General Plan. Typical uses are expected to be a mixture of restaurants, entertainment and retail operations such as discount stores and junior retail stores in addition to uses that would typically serve the community such as a supermarket or drugstore.

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B. PUBLIC SCHOOLS
Fifteen acres have been set aside in Planning Area 4 to provide for the development of an elementary school to serve the Mission Lakes community and 25 acres has been set aside in PA-1 for a middle school to serve this community and adjacent development in the Specific Plan land use designation area of the General Plan.

3.3.3 PARKS AND RECREATION
Parks and recreation facilities will be provided throughout the community that includes a private lake with adjacent facilities, a large public park, small pocket parks and a trail and paseo system to connect all of these features.

A. PRIVATE RECREATION FACILITIES
Mission Lakes will incorporate one major private recreation facility as an important element of community design that will include a lake for non-motorized recreation. Located in Planning Area 10 and occupying a total of 44.1 acres, this private recreation facility is intended to serve as neighborhood gathering area and provide active and passive recreation for the residents of the community. Facilities such as a community center, hard courts, pool/spa, and parking areas will occupy approximately 11.0 acres of PA-10 along Mission Lakes Blvd., with the remainder for lake and passive open space.

Additional private recreation areas such as neighborhood pocket parks ranging a minimum of

1.0 acres in size will be built within the single-family detached residential planning areas and have not been included in the total acreage for private recreation facilities.

B. PUBLIC PARK FACILITIES
In addition to private recreation facilities one major public park will be provided in Planning Area 11 for a total of 24.1 acres. This park shall be designed and maintained to provide active and passive uses and the design shall meet the approval of the City of Shafter.

C. TRAILS AND PASEOS
A trail and paseo system will be provided throughout the community to encourage passive recreation and pedestrian activity in the Mission Lakes community. The purpose of this system is to provide a landscaped buffer between the major roadways and adjoining developments, accommodate an area for a connecting trail system and to accommodate an area for extensive landscaping that provides a common link throughout the community. The acreage for development of the trails and paseo system has not been included in the development statistics for the Parks and Recreation land use designation.

44.1 public
other

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3.4 PLANNING AREAS
Sixteen (16) distinct development areas, referred to as “planning areas” have been designated to implement the planning objectives of the Mission Lakes Specific Plan, Figure 3-1. These planning areas were formed on the basis of logical clusterings of development. Collectively, the various planning areas will form the interlinked Mission Lakes community through complementary architectural and landscape themes, a network of community trails and common recreational amenities positioned throughout the community. The Development Standards and Design Guidelines contained in Section 4.0 and 5.0 will ensure uniformity of use and design as it pertains to zoning and community character.

Actual residential lotting, site planning of commercial and selection of specific recreational amenities will not be determined until the tentative tract map stage and may result in slight differences from the actual number of dwelling units allocated to a particular planning area as presented in Table 3-1. Up to 15% of the detached units in planning areas 1–9 may be transferred to another detached planning area, provided that the maximum unit count for those planning areas as a whole does not exceed 4,089 units. With prior written approval of the Planning Director up to 10% of the medium density (MDR) and medium high density (MHDR) units in planning areas 12– 15 may be transferred to another attached planning area, provided the maximum unit count for those planning areas, as a whole, does not exceed 1,245 dwelling units.

3.4.1 LOW DENSITY RESIDENTIAL (PLANNING AREAS 1-9)
Planning Areas 1-9 are comprised of single-family detached residential areas with lot sizes ranging from 4,000 square feet to 7,200 square feet. The density range for all 9 planning areas shall be 4.0 to

7.5 dwelling units per acre. Details of the features described below can be found later in this section and in Chapter 5, Design Guidelines.

A. PLANNING AREA 1
PA-1 will contain a maximum of 745 detached dwelling units located on 132.6 acres with primary access from Zerker Road. PA-1 will also have a 25 acre area set aside for a middle school. The school shall be provided with 2 points of access per California Department of Education siting requirements and shall be appropriately buffered from adjacent agricultural uses or other hazards cited in Title 5 of the California Code of Regulations. Design considerations for PA-1 area as follows:

1. One neighborhood pocket park shall be provided in PA-1 with a minimum size of 1.0 acre.

2. A secondary paseo system shall be provided connecting the neighborhood park with the primary paseo system in Mission Lakes Boulevard and to the pocket park in the adjacent planning area (PA-15).

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3. Corridor walls shall be provided along Zerker Road and that portion of Mission Lakes Blvd that borders PA-1.

4. Windrows shall be provided along local streets that coincide with the secondary paseos and to distinguish neighborhoods as suggested in Figure 3-5, Landscape Plan.

5. Formal landscaping shall be provided along Mission Lakes Boulevard consistent with the plant palate established for Mission Lakes Boulevard and along Zerker Road.

B. PLANNING AREA 2
PA-2 is the largest planning area in the Mission Lakes community and will contain a maximum of 720 detached dwelling units on 179.5 acres. It is located on the northern boundary of the Mission Lakes community with primary access from Mission Lakes Blvd and Zerker Road. Portions of PA-2 can also be accessed from “D” Street (which connects to the Coberly West community) and “E” Street. The Eastern portion of PA-2 is adjacent to the large public park in PA-11. Design considerations for PA-2 are as follows:

1. Two neighborhood pocket parks, each a minimum of 1.0 acre in size, shall be provided in PA-2. These parks shall be located in the general vicinity indicated in Figure 3-4, Parks and Recreation Plan.

2. A secondary paseo system shall be provided connecting the neighborhood pocket parks with the primary paseo system of Mission Lakes Boulevard and the large public park.

3. Formal landscaping shall be provided along Mission Lakes Boulevard consistent with the plant palate established for Mission Lakes Boulevard and windrows shall be provided for streets to separate and distinguish neighborhoods similar to that shown in Figure 3-5, Landscape Plan.

4. Corridor walls shall be provided along Mission Lake Boulevard, Zerker Road and a portion of Street “D”. Open fence shall be provided around the public park of PA-11.

C. PLANNING AREA 3
Planning Area 3 forms the northern border of the Mission Lakes community and borders the Calloway Canal to the east. PA-3 will contain a maximum of 307 detached dwelling units located on 87.1 net acres with a density range of 4.0 to 7.5 units per acre. Access to PA-3 will be via Street “E,” which connects to Street “D” that provides access between the adjacent Coberly West community and Mission Lakes Boulevard, which loops around the Mission Lakes community.

Design considerations for PA-3 are as follows:

1. A small neighborhood pocket park shall be provided in PA-3 with a minimum size of

1.0 acre, which shall be connected by a paseo to Street “E”.

This park
One neighborhood park minimum 2.0 acres
PA-2a

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2. A secondary paseo shall be provided into PA-3 along Street “E” which is minor collector and a primary paseo shall be provide for that portion of “D” Street that borders PA-3.

3. Windrows shall be provided along Street “E” in conjunction with the secondary paseo.

D. PLANNING AREA 4
Planning Area 4 will contain a maximum of 435 detached dwelling units on 85.2 net acres and a 15.0 acre location for an elementary school. PA-4 has primary access from Zerker Road and Mission Lakes Boulevard. PA-4 is strategically located in the center of the community with easy access to Seventh Standard via Zerker Road, contains the elementary school and is close to the commercial area that will serve the community and the surrounding area. The elementary school shall be provided with 2 points of access per California Department of Education siting requirements and appropriately buffered from adjacent commercial uses or other hazards cited in Title 5 of the California Code of Regulations. Design considerations for PA-4 area as follows:

1. A small neighborhood pocket park shall be provided in PA-4 with a minimum size of 1.0 acre.

2. Primary paseos shall be located along the major circulation streets of Zerker Road and Mission Lakes Blvd and connecting to the elementary school. Secondary paseos shall be provided to link the neighborhood pocket park to the school and the primary paseo system.

3. Formal landscaping shall be provided along Mission Lakes Boulevard consistent with the plant palate established for Mission Lakes Boulevard and windrows shall be provided that coincide with the primary or secondary paseos as illustrated in Figure 3-5, Landscape Plan, and Street “A”.

4. Corridor walls shall be provided around the perimeter of PA-4 along Zerker road and Mission Lakes Boulevard. Open fencing shall be provided around the school wherever it is located.

E. PLANNING AREA 5
Planning Area 5 is centrally located in the Mission Lakes community adjacent to the community lake with access from Mission Lakes Boulevard on the north and south and Street “A” to the west.

PA-5 will contain a maximum of 375 dwelling units on 78.8 net acres. Design considerations for PA-5 area as follows:

1. Primary paseos shall be located along Street “A” and Mission Lakes Boulevard.

2. A secondary paseo shall be provided to link the elementary school to the lake.

3. Formal landscaping shall be provided along Mission Lakes Boulevard consistent with the landscape palette established for Mission Lakes Boulevard.

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4. Windrows shall be planted in conjunction with secondary paseos.

5. Corridor walls shall be provided along Mission Lakes Boulevard and open fence shall be provided along Street “A”.

F. PLANNING AREA 6
Planning Area 6 borders the northern side of the community lake in the Mission Lakes community, with primary access from Mission Lakes Boulevard. Street “C” separates PA-6 from PA-5 providing secondary access. Across Mission Lakes Boulevard to the northeast of PA-6 is the large public park. PA-6 consists of 24.6 net acres and will contain a maximum of 126 detached dwelling units. Design considerations for PA-6 area as follows:

1. A primary paseo shall be located along Mission Lakes Boulevard consistent with the paseo system established for Mission Lakes Blvd.

2. A secondary paseo shall be located along “C” Street to connect the primary paseo system along Mission Lake Blvd to the secondary paseo system around the lake that is part of the private recreation facilities of PA-10.

3. Windrows shall be provided along Street “C” and formal landscaping (details in Chapter 5) shall be provided along Mission Lakes Boulevard consistent with the plant palate established for Mission Lakes Boulevard.

4. Corridor walls shall be provided along Mission Lakes Blvd.

G. PLANNING AREA 7
PA-7 will contain a maximum of 486 detached dwelling units on 127.6 net acres with primary access from Mission Lakes Blvd. and Street “D”. Design considerations for PA-9 are as follows:

1. Two small neighborhood pocket parks a minimum of 1.0 acre in size each shall be provided in PA-7.

2. Primary paseo shall be provided along Mission Lakes Boulevard.

3. A secondary paseo shall be provided to connect the neighborhood parks to each other and with the primary paseo system along Street “D” and Mission Lakes Boulevard.

4. Windrows (details in Chapter 5) shall be provided along streets leading to the neighborhood pocket parks in conjunction with the secondary paseos and formal landscaping (details in Chapter 5) shall be provided along Mission Lakes Boulevard consistent with the landscape plant palate established for Mission Lakes Boulevard.

5. Corridor walls shall be provided along Street “D” and along Mission Lakes Boulevard.

Allow one neighborhood pocket park minimum 2.0 acres in PA-7a

6. Allow two (2) minimum one acre pocket parks.
park

24.1 acre

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H. PLANNING AREA 8
Planning Area 8 is located in the southeast corner of the Mission Lakes community bordering Seventh Standard Road and consists of 114.2 net acres. PA-8 will contain a maximum of 620 detached dwelling units. Primary access to the majority of PA-8 will be from Street “B” that intersects Seventh Standard Road and Mission Lakes Blvd. Street “B” is a major entrance into the Mission Lakes community. Design considerations for PA-8 area as follows:

1. One small neighborhood pocket park a minimum of 1.0 acre in size shall be provided in PA-8.

2. A primary paseo shall be located along Street “B” and along Mission Lakes Boulevard.

3. A secondary paseo system shall be established with links to primary paseos to the neighborhood pocket parks and to the natural trail on Seventh Standard Road.

4. Formal landscaping (details in Chapter 5) shall be provided along Mission Lakes Boulevard consistent with the landscape plant palette established for Mission Lakes Boulevard and along Street “B”. Landscape plant palette for Street “B” shall be consistent between planning areas. Windrows shall be provided along streets leading to neighborhood pocket parks in conjunction with secondary paseos and to distinguish neighborhoods as illustrated in Figure 3-5, Landscape Plan.

5. Corridor walls shall be provided along Mission Lakes Boulevard and Street “B”.

I. PLANNING AREA 9
Planning Area 9 consists of 49.8 acres and is located on Seventh Standard Road with access via Mission Lakes Boulevard and Street ”B” which is a primary entrance into the community. PA-9 will contain a maximum of 275 dwelling units. Design considerations for PA-9 are as follows.

6. One neighborhood pocket park a minimum of 1.0 acre in size shall be provide din PA-9.

7. A primary paseo shall be located along Street “B” and along Mission Lakes Boulevard.

8. A secondary paseo system shall be established with links from the primary paseo system along Mission Lakes Boulevard and the neighborhood pocket park. A secondary paseo shall be established to link the primary paseo on Mission Lakes Boulevard to the natural trail on Seventh Standard Road.

9. Formal landscaping shall be provided along Mission Lakes Boulevard consistent with the landscape plant palette established for Mission Lakes Boulevard and along Street “B”.

Landscape plant palette for Street “B” shall be consistent between planning areas.

Windrows shall be provided along streets leading to neighborhood pocket parks in conjunction with secondary paseos and to distinguish neighborhoods as illustrated in Figure 3-5, Landscape Plan.

2.0

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10. Corridor walls shall be provided along Mission Lakes Boulevard and Street “B”.

3.4.2 MEDIUM DENSITY RESIDENTIAL (PLANNING AREA 12 AND PLANNING AREA 13) Medium density residential land use has been established for two areas of the Mission Lakes community, PA-12 and PA-13. A variety of single-family attached and detached housing product is envisioned in these locations. PA-12 and PA-13 are located on both sides of PA-10 to take advantage of the largest recreational amenities contained within the community. PA-12 consists of

23.1 acres and will have a maximum of 236 dwelling units. PA-13 consists of 12.0 acres and will have a maximum of 123 dwelling units. The density range will be 7.5 to 14 dwelling units per acre.

Primary access to PA-12 and PA-13 will be via Mission Lakes Blvd. Design considerations are as follows:

1. Primary paseos shall be established along Mission Lakes Boulevard.

2. Formal landscaping shall be planted along Mission Lakes Boulevard consistent with the landscape plant palette established for Mission Lakes Boulevard.

3. Corridor walls shall be placed along Mission Lakes Boulevard

3.4.3 MEDIUM HIGH DENSITY RESIDENTIAL (PLANNING AREA 14 AND PLANNING AREA 15) Two areas have been designated as medium high density residential, PA-14 and PA-15. The medium high density residential has been located adjacent to the commercial uses of PA-16 to provide convenient support of those uses and to reduce vehicle trips. Multi-family residential housing will be built in these two planning areas with a density range of 18-24 dwelling units per acre. PA-14 consists of 24.1 acres and will contain a maximum of 400 dwelling units. PA-15 consists of 26.5 acres and will contain a maximum of 486 dwelling units. Primary access to either planning area will be from Zerker Road and Mission Lakes Blvd. Design considerations for PA-14 and PA-15 are as follows:

1. One neighborhood pocket park shall be provided in each planning area that will be a minimum of 1.0 acre in size.

2. A secondary paseo shall be provided to connect neighborhood pocket parks to the primary paseo system of Mission Lakes Boulevard.

3. Formal landscaping shall be planted along Mission Lakes Boulevard consistent with the landscape plant palette established for Mission Lakes Boulevard and along Zerker Road (for PA-15).

4. Windrows shall be provided along streets leading to neighborhood pocket parks in conjunction with secondary paseos in PA-15.

5. Corridor walls shall be placed along Mission Lakes Boulevard.

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3.4.4 MAJOR COMMERCIAL (PLANNING AREA 16)
Planning Area 16 is located in the southwest corner of the Mission Lakes community with access to Seventh Standard Road at the intersection with Zerker Road. Mission Lakes Boulevard forms the northern boundary of PA-16 which consists of 129.1 net acres. Design considerations for PA-16 are as follows:

1. Primary paseos shall be provided along Zerker Road and elsewhere the planning area to connect Mission Lakes Boulevard to Seventh Standard Road.

2. Formal landscaping shall be provided along Mission Lakes Boulevard consistent with the landscape plant palette established for Mission Lakes Boulevard along Zerker Road.

Complimentary formal landscaping shall be used on internal access roads in PA-16.

3. Groves shall be provided at the western and eastern boundaries of PA-16 to distinguish the area from the residential areas of Mission Lakes.

3.4.5 PARKS AND RECREATION (PLANNING AREA 10, PLANNING AREA 11) A. PLANNING AREA 10 (PRIVATE RECREATION)
Planning Area 10 consists of 44.1 acres and shall be developed as private recreation for the Mission Lakes community. Up to 33.1 acres of PA-10 shall be developed as a combination of open space and lake for active recreation such as non-motorized boats/canoes. Private recreation facilities in PA-10 shall be provided on 11.0 acres and are more fully described in Section 3.6, Parks and Recreation and Chapter 5, Design Guidelines. Design considerations are as follows:

1. Primary paseos shall be provided to link Mission Lakes Boulevard to the recreation facilities and along Mission Lakes boulevard

2. A restricted access, secondary paseo shall be provided around the lake and access will be restricted to the residents of Mission Lakes.

3. Formal landscaping shall be provided along Mission Lakes Boulevard consistent with the landscape plant palette established for Mission Lakes Boulevard.

4. Open fence (restricting access) shall be provided around the lake and a corridor wall shall be provided to separate the recreation facilities from the adjacent neighborhoods of PA-12.

5. Site specific design of the lake and recreation facilities (excluding community facilities) shall be determined and executed by a landscape architect and shall meet the approval of the Planning Director.

6. Private parks and recreation facilities shall be maintained by a Homeowners Association (HOA) established for the Mission Lakes community.

Public Public
Require a minimum of one lake and open space on 44.1-acres.

Open space may be developed for active and passive recreation and storm water detention areas as long as the open space and recreation does not encroach on PA's 12 and 13. 44.1 minimum Trails and sidewalks in adjacent streets that border the park will provide pedestrian access around the park
by North of the River Recreation and Park District.

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B. PLANNING AREA 11 (PUBLIC RECREATION)
Planning Area 11 consists of 24.1 acres and shall be developed for public recreation. Public recreation facilities are more fully described in Section 3.6 Parks and Recreation and in Chapter 5, Design Guidelines. General design considerations for PA-11 are as follows:

1. A primary paseo shall be provided along Mission Lakes Boulevard.

2. A secondary paseo shall be provided around PA-11 connecting to adjacent neighborhoods.

3. Formal landscaping shall be provided along that portion of Mission Lakes Boulevard bordering PA-11 that is consistent with the landscape plant palette established for Mission Lakes Boulevard. Windrows shall be provided along Street “D”.

4. Open fence shall be provided around PA-11.

5. Public park design shall be determined by site specific design executed by a landscape architect and shall meet the approval of the Planning Director.

3.5 CIRCULATION
A roadway concept has been developed for Mission Lakes as illustrated on Figure 3-2, Circulation Plan. Primary access to the project site is via Seventh Standard Road on the southern boundary of the site. The circulation system has been designed to accommodate the build-out of the Specific Plan by providing direct and convenient access throughout the community in a safe and efficient manner and has been coordinated with circulation plans for the City of Bakersfield. Additional internal streets will be built within the planning areas connecting to the circulation system shown.

A description of the concept follows. Typical Street Cross Sections are illustrated in Figure 3-3.

Detailed design of streets shall be included with tract map submittals. • Zerker Road: serves as one of two primary entrances to the Mission Lakes community from Seventh Standard Road and will be the major entrance to the regional shopping of PA-16, bisecting the planning area. Zerker Road is a continuing road from Bakersfield and will extend through Mission Lakes to the north connecting to the circulation plan of the City of Shafter. It is designated as a four-lane, divided (raised median) arterial. • Mission Lakes Boulevard: s designated as a four-lane, divided (raised median) arterial that intersects with Zerker Road at a “T” intersection in the northwest part of the community and loops around the core of the community and exists to the west in the southwest corner, providing internal access to all of the major amenities of the Mission Lakes including the major commercial areas of PA-16.
• Street “A”: is designated as a two-lane minor collector and bisects the center of the community connecting to Mission Lakes Boulevard at the northern loop and the southern loop. Street “A” will provide the primary access the elementary school of PA-4.

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• Street “B”: serves as the second primary entrance to the community and the major entrance for the residential areas. It is designated as a four-lane, divided (raised median) arterial that intersects with Mission Lakes Boulevard at PA-10 to provide a dramatic view of the most significant feature of the community, the lake.
• Street “C”: is a designated as a two-lane minor collector connecting the lake to Mission Lakes Boulevard and bisecting PA-5 and PA-6.
• Street “D”: is designated as a four-lane, divided (raised median) arterial connecting Mission Lakes Boulevard to the adjacent Coberly West Specific Plan area. • Street “E”: provides access to the north eastern portion of the Mission Lakes community as a two-lane, minor collector, connecting to Street “D”

Legend
Arterial Street (4 lane, raised median)
Minor Collector (2 lane)
Bicycle Lane
Circulation Plan Figure 3-2
not to scale

Arterial Street Cross Section (4 lane, divided)
Minor Collector Cross Section (2 lane, undivided)
* Landscape easement varies according to Paseo and Landscaping Plans.

Typical Street Cross Sections Figure 3-3
not to scale

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3.6 PARKS AND RECREATION
An important element of the Mission Lakes community is the Parks and Recreation Plan, Figure 3-4.

The parks and recreation plan provides for a variety of active and passive recreational opportunities available for the enjoyment of project residents, including public and private recreation facilities, neighborhood pocket parks and a paseo system.

3.6.1 PRIVATE RECREATION FACILITIES
The private recreation area in PA-10 will serve as the primary recreational facility for the community and is envisioned to have numerous amenities including a lake. Centrally located in the community at the intersection of a major community entry and the loop road, this area will be a focal point of the community and shall be completed prior to issuance of the certificates of occupancy for 1500 dwelling units within the Specific Plan area. Grading for the lake will begin with the initial phase on construction. Facilities to be provided within the private recreational areas shall include, but are not limited to, a community center for hosting special events, a pool and spa, restroom facilities, basketball and tennis court, tot lots, open space turf area for various activities, and barbeque facilities. A community-wide home-owners association (HOA) shall be established to provide funding for maintenance of the lake and recreation facilities. Existing local water wells will be used to supply water for the initial filling of the lake. These recreational facilities may also be annexed into the North Bakersfield Recreation and Parks District for maintenance in the future.

Smaller neighborhood pocket parks shall be incorporated into residential planning areas as depicted conceptually in Figure 3-4 to provide opportunities for passive recreation such as picnicking and neighborhood gathering. These parks shall include special landscaping such as focal elements with specimen trees, flowering shrubbery, and turf. Additional elements such as tot lots, picnic tables, benches, low fences and gates, or archways should be provided to further tie these spaces into the neighborhood character. These parks shall be a minimum of 1.0 acre in size and designed to be consistent with the design theme of the neighborhood. The home-owners association established for the community will also provide funding for maintenance of these pocket parks. Neighborhood parks shall be completed prior to issuance of 60% of the certificates of occupancy for dwelling units in the respective planning area where they are located.

3.6.2 PUBLIC PARK FACILITIES
A public park consisting of 24.1 acres is planned for PA-11 and will be constructed to City standards, with construction beginning after the issuance of the certificates of occupancy for 2,500 dwelling units within the Specific Plan area and completed before 3,000 certificates of occupancy for dwelling units have been issued. Facilities to be provided within this public park shall include, but are not limited to a tot lot and children’s play area with adjacent seating and paths, multipurpose turf, ball fields, multi-use courts that may include tennis, basketball, volleyball or will be

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handball, bike racks, restroom facilities, trash receptacles and parking. This public park shall be annexed into the North Bakersfield Parks and Recreation District for maintenance.

3.6.3 TRAILS AND PASEOS
The Parks and Recreation Plan includes a network of trails and paseos that provide an alternative mode of transportation throughout the community. Design guidelines for these trails and paseos can be found in Chapter 5. These trails and paseos provide a comprehensive system of linkages to recreation facilities, open space, schools and the commercial uses of PA-3.

North of the River Recreation Park District Page 210 of 494 Parks and Recreation Plan Figure 3-4
Legend
Public Park
Private Recreation
Primary Paseo
Secondary Paseo
Natural Trail
Lake/Open Space
not to scale
HOA
HOA
HOA
HOA

HOA HOA
HOA
HOA
HOA
HOA
P
HOA
Public
R
R
R
R
R
R
R
R
R
R
R
R

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3.7 LANDSCAPE PLAN
The landscape plan for Mission Lakes is shown in Figure 3-5 and includes locations for primary and secondary entry monuments. The character of the Mission Lakes community will be in part formed by the landscape plan. Strong landscape features along with streetscape features help integrate the diverse elements of the built environment by unifying the street scene, orienting travelers and creating a memorable image. The purpose of the plan is to establish a unified landscape framework that provides continuity throughout the Specific Plan. Four distinctive landscape themes or elements are used within the Specific Plan as follows:
• Formal Landscaping: shall be used to distinguish the major entrances to the community and the arterial streets that form the primary circulation system. Formal landscaping is characterized as a linear or patterned arrangement of trees and plants at a regular spacing interval. The pattern and plant palette for formal landscaping should be consistent throughout and recognizable to orient travelers and the community to the major land use elements of the Specific Plan.
• Groves: are situated along the eastern and western boundary of the major commercial area and along the residential portion of Seventh Standard Road. They are intended to provide a buffer between the residential areas and high intensity traffic areas. The groves shall be planted uniformly with productive or non-productive species such as olive or citrus, reflective of the traditional agricultural practices of the area. • Windrows: provide a strong visual linkage between neighborhoods and are most typically associated with the secondary paseo system linking the recreational amenities and activity centers throughout the Specific Plan. Windrows shall be informal groupings of trees and plant materials, both deciduous and evergreen, in an irregular arrangement with the purpose of providing a buffer from adjacent development and protection from wind. Tall growing trees will characterize the windrows so that they can be seen from a distance to provide orientation in the community.
• Entry Monuments: shall be placed at the major and secondary entrances where indicated on Figure 3-5 to provide a visual gateway to the Mission Lakes community. Conceptual illustrations of entry monuments can be found in Section 5.3, Landscape Design Guidelines.

3.8 WALL AND FENCE PLAN
A simple wall and fence plan for the Mission Lakes community is shown in Figure 3-6. Walls and fences are primarily placed along arterials and recreation facilities canals for safety and sound reduction. The plan identifies three distinct types of walls or fences that should be used: 1) sound wall; 2) corridor wall; and 3) open fence. In order to provide a feeling of community openness, individual developments should limit the use of solid perimeter walls and gated entrances. Details for walls and fences can be found in Section 5.3 Landscape Design Guidelines.

Lake/Open Space
Landscape Plan Figure 3-5
Legend
Windrows
Tree Groves
Primary Entry Monument
Secondary Entry Monument not to scale

Wall and Fence Plan Figure 3-6
Legend
Solid Wall
Corridor Wall
Open Fence not to scale

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3.9 GRADING CONCEPT
Grading for Mission Lakes is tailored to the existing topography of the project site. The project site is part of a flat to gently sloping alluvial plain. Soils and geologic conditions present no significant constraints to grading. The primary objectives of the grading concept are to: a) establish road grades that are consistent with those of the existing City streets around the site; b) provide stable development pads for residential and commercial structures and recreation amenities; and c) balance the cut and fill grading quantities on-site.

Grading is expected to balance on-site and will not require import or export of materials.

Approximately 1.5 million cubic yards of material will be moved overall; the entire site will balance and there will be no import or export of material. This quantity may vary as final grading plans are developed. The grading plans shall be designed to accommodate drainage and a street system that meets City of Shafter standards.

3.10 PUBLIC FACILITIES

3.10.1 WATER
The Oildale Mutual Water District (OMWD) will provide potable water service to the area. OMDW operates facilities that serve residents to a point north of Seventh Standard Road and west of State Route 99. Potable water will service the residential and commercial areas of Mission Lakes. The OMDW existing water supply is a combination of groundwater and treated surface water. It currently has excess groundwater and has expressed a willingness to consider expanding its service into the Mission Lakes area, thereby more fully utilizing its existing groundwater resources.

Mission Lakes falls within the North Kern Water Storage District, where landowners have a right to reasonable and beneficial use of the underlying groundwater. Currently farming is supported by five water wells, nine electric powered water transfer pumps, eight diesel powered water transfer units, three concrete lined ditches, and an unlined ditch that feeds from the adjacent Calloway Canal. Existing or new wells will provide secondary water for irrigation of lawns, parks and landscaped areas.

The water company’s infrastructure consists of groundwater wells, above-ground water storage tanks with booster stations, groundwater and treated surface water, and water distribution lines.

The primary connection points available for the Mission Lakes area will be from the Coberly West Specific Plan area through Street “D” and additionally along Seventh Standard Road to the east to form a looped system.

Gossamer
Grove

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The proposed water system, as shown in Figure 3-7, Master Water Plan, will include a 12-inch minimum main line in Seventh Standard Road, Zerker Road, the northern and eastern loop of Mission Lakes Boulevard, Street “B” and Street “D” connecting to the adjacent Coberly West property. Within the internal roadways, 8-inch minimum lines will serve to provide domestic service to each proposed residence and commercial tenant as well as supplying sufficient fire flows to fire hydrants placed in accordance with the Kern County Fire Department standards. The parallel system for irrigation will be developed in the same utility easement as the potable drinking water system and connecting to on-site wells located throughout the property.

3.10.2 SEWER
The City of Shafter is responsible for the collection of wastewater within its corporate limits. The City has a Joint Powers Agreement with Kern County and the North of the River Sanitary District (NORSD) for the operation of a Regional Wastewater Treatment Plant.

A proposed sewer plan consists of an extension of the already existing facilities west of the project, as shown in Figure 3-8, Master Sewer Plan. A proposed 12–inch minimum main sewer line is to be constructed in Seventh Standard Road, Zerker Road, and around the lake on Zerker Road connecting to “B” Road. Within the Specific Plan internal streets, 6” and 8” sewer mains will be utilized. The system will flow through a composition of gravity sewer lines to the Shafter-North of the River Regional Wastewater Treatment Facility, located on 160 acres along Seventh Standard Road in the southwest portion of the Planning Area of the City of Shafter General Plan. The facility provides secondary wastewater treatment.

Sewage disposal facilities shall be installed in accordance with the requirements and specifications of the City of Shafter.

3.10.3 STORM WATER
The Mission Lakes site is situated on the eastern flank, near the south end of the Great Valley Geomorphic Province. This province is a large northwesterly trending geosyncline or structural trough between the Coast Ranges and the Sierra Nevada Mountains. Erosion from both of these mountain systems has resulted in the deposition of immense thickness of sediments in the Valley floor. Heavily-laden streams from the Sierra Nevada have built very prominent alluvial fans along the margins of the San Joaquin Valley. This has resulted in a rather flat topography in the vicinity of the project site.

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 westerly-southwesterly direction. The site is not located within the 500-year Kern River floodplain zone. The drainage plan for Mission Lakes will be consistent with common practice in the area and City of Shafter standards.

Master Water Plan Figure 3-7
Water Main - 12” min.

Oildale Mutual
Water Company
connection
Oildale Mutual
Water Company
connection
not to scale

Master Sewer Plan Figure 3-8
North of River Sewer Main - 12” min.

Sanitation District
not to scale

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All drainage created within the Specific Plan area will be detained on-site within the specific plan and percolate into the ground. All surface runoff will be detained in on-site detention basins located within the individual tract maps submitted for approval within the planning areas. The drainage waters will be collected and then transported via underground piping systems to the detention basins.

Drainage basins shall be constructed with 1 major basin for each 160 gross acres of land, and they will be designed to allow for multiple homebuilders or areas to share the major basins. Detention basins will be designed, tested and sized at such time as the individual tentative tract maps are designed. Where possible, detention basins should be integrated into open space areas, park-like features, lineal open space swales and play fields.

Prior to final map approval, detailed drainage/hydrological studies shall be required to address onsite drainage conditions and increased runoff flows associated with proposed land uses on a subdivision-level basis. Drainage facilities within public road right-of-ways and drainage easements are proposed to be maintained by the City of Shafter.

3.11 PUBLIC SERVICES
The following information is a brief summary of services to be provided to Mission Lakes. A more detailed discussion of facilities and service availability is presented in the Environmental Impact Report (EIR) for the General Plan update.

A. POLICE AND FIRE PROTECTION
Acreage for police and/or fire facilities shall be provided within the Specific Plan area as required by the City of Shafter/Kern County and shall be a permitted use in all areas.

B. PUBLIC SCHOOLS
Mission Lakes is divided between the Richland and Norris Elementary School Districts. A location for an elementary school will be provided within the Specific Plan in PA-4 and additional facilities are currently planned just north of Mission Lakes within the Richland Elementary School District on the Bidart property. This school will also serve the Mission Lakes community. Older students from Mission Lakes will attend a planned Middle School to be located within the PA-1. The North High School District will serve high school students.

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C. UTILITIES
Mission Lakes will be served with telephone, cable internet (data), electric, natural gas, and solid waste collection service from private companies serving the area as detailed below:

UTILITY PROVIDER
Electricity PG&E
Gas Southern California Gas Co.

Water Oildale Mutual Water District
Sewer City of Shafter
Solid Waste City of Shafter
Telephone SBC
Cable BrightHouse
AT&T
Spectrum

MARCH 2005 4.0 DEVELOPMENT STANDARDS AND REGULATIONS
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4.0 DEVELOPMENT STANDARDS AND REGULATIONS

4.1 GENERAL PROVISIONS
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 Mission Lakes.

Development within the Specific Plan shall be subject to the review processes discussed in Chapter 6 of this Specific Plan. 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 Municipal not covered by 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 that unreasonably restricts the implementation of this Specific Plan, a Specific Plan Amendment shall be required.

4.1.1 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, however, where properties would have had lot lines 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. • Active Recreational Uses. Facilities occurring in a planned development or Specific Plan which are designed to provide individual or group activities of an active nature including, but not limited to, sports fields, court games, swimming pools, children’s play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not

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include natural open space, nature study areas, open space for buffer areas, riding and hiking trails, water courses or drainage areas.
• Alley. A secondary means of access to property, generally located at the rear or side of the property. An alley is not intended for general circulation traffic. • 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.
• 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 building or buildings and the lot area.
• Density. The number of permanent dwelling units per unit of land. • Dwelling, Multi-Family. A building containing two or more dwelling units; or two more dwelling units, either attached or detached, on one lot. • 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.

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• Frontage, Road. A minor street which is parallel to, and adjacent to an arterial street or freeway, and which provides access to abutting properties and protection from through and fast traffic.
• Frontage, Street or Highway. That portion of a lot or parcel of land which borders and has access to a public street, highway, or parkway. The frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway, or 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 purposed 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, Flag or Corridor. A lot with access provided to the bulk of the lot by means of a narrow corridor.
• Lot, Interior. A lot other than a corner lot.
• Lot, Reversed Corner. A corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear.
• 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, Common. An open space within a residential development reserved for the exclusive use of residents of the development and their guests. • Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

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• 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.
• 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 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 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. • Site. A lot or group of contiguous lots not divided by an alley, street, other right-of-way or city limit that is proposed for development in accord with the provisions of this Specific Plan and/or the Shafter Zoning Ordinance, Title 17, and is in a single ownership or has multiple owners, all of whom join in an application for development. • 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.

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• 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 t the shortest 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.
• 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.

4.1.2 GENERAL NOTES

1. The maximum number of residential dwelling units permitted by the Mission Lakes Specific Plan shall be 5,334. The approximate number of dwelling units within each residential planning area is established on the Mission Lakes Land Use Plan, Figure 3-1.

Each planning area contains a target gross density and an approximate number of dwelling units. During the site plan and tentative map stage of design, the actual number of dwelling units allocated to a particular planning area may slightly differ from the number shown on Figure 3-1. Up to 15% of The detached units in Planning Areas 1-9 may be transferred among these planning areas, provided the maximum unit count forthe Specific Plan as a whole does not exceed 4,089 units. With prior written approval of the Planning Director up to 10% of the medium density (MDR) and medium high density (MHDR) units in planning areas 12-15 may be transferred among these planning areas, provided the maximum unit count for those planning areas, as a whole, does not exceed 1,245 dwelling units.

2. Minor boundary, density, and acreage variations (up to 10%) in the planning areas shall be permitted, subject to approval of the Planning Director, without an amendment to the Specific Plan document.

3. General development standards contained in Chapters 10 through 14 of the Municipal Code, Title 17 of the City of Shafter, 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.

4. Special use regulations; additional development standards for condos, townhouses, and apartment developments; and specific development standards contained in Title 17, Chapter 4 of the Municipal Code shall be applicable to the Specific Plan area. Specific

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development standards include parking requirements, landscaping, open space, private open space, pedestrian circulation, security fencing, laundry facilities, lighting, trash collection areas, security devices, and maximum number and dimension of connecting units. Where a discrepancy occurs, the standards and regulations contained in this section of the Specific Plan document shall supersede Title 17, Chapter 4 of the Municipal Code.

5. All private streets within the Specific Plan shall be permanently reserved and maintained for their intended purpose by a means acceptable to and enforceable by the City of Shafter.

Access for emergency vehicles shall be maintained at all times.

6. Staggered building placement required for variation in streetscape shall not encroach into the minimum required setback area for any given lot (variations in building footprints shall be set back from the minimum front yard setback required).

7. Additional wells may be required throughout the Specific Plan for irrigation water and development and operation of these wells shall be allowed uses anywhere within the Specific Plan and shall meet approval conditions established by the Public Works manager.

4.2 DEVELOPMENT STANDARDS AND REGULATIONS
The following Section sets forth development standards for all land uses within the Mission Lakes community. All setbacks established by this Chapter, unless otherwise noted below, shall be measured from the property line. A variety of residential lot sizes may be developed within each planning area provided that the maximum number of units designated for each planning area as stated in Table 3-1 is not exceeded. The planning area where the specific lot sizes described below shall be used is indicated in parenthesis behind the lot size. There is no maximum lot coverage established for any residential zone or lot size. Additional wells for irrigation water may be required throughout the Specific Plan

4.2.1 LOW DENSITY RESIDENTIAL (LDR)
The following lot sizes shall be allowed in the Low Density Residential (LDR) zone: 7,200 square feet, 6,000 square feet, 5,000 square feet and 4,000 square feet. The LDR zone consists of Planning Areas 1-9. Permitted and conditionally permitted uses in the LDR zone shall be those allowed under the R-1 (Low Density) Residential District (zone) of the Municipal Code of the City of Shafter with the exception of private neighborhood pocket parks and educational facilities which shall be a permitted use in any planning area.

A. MINIMUM 7,200 S.F. LOT (PLANNING AREAS 1-9)
The following standards are applicable where ever minimum 7,200 square foot lots are planned in the LDR zone in the Mission Lakes Specific Plan. These standards are summarized in Table 4-1 and shown in Figure 4-1. The standards presented here shall apply to any lot size of 7,200 square feet up to but not including 10,000 square feet.

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(1) Minimum Lot Size
The minimum residential lot size shall be a minimum 7,200 square feet. (2) Minimum Lot Width
Minimum lot width shall be (a) 60 feet for interior lots; (b) 60 feet for corner lots; (c) 30 feet for cul-de-sac lots along the arc of the front property line; and (d) 30 feet for knuckle and flag lots along the arc of the front property line.
(3) Minimum Lot Depth
Lot depth shall be a minimum of 90 feet, 75 feet for cul-de-sac lots, flag lots or lots fronting on a knuckle. For purposes of this requirement, each side of the lot may be averaged if one side is longer than the other to determine the lot depth. (4) Front Yard Setback
Minimum front yard setback from the front property line to the habitable portion of the structure shall be (a) 20 feet for lots adjacent to a straight street and flag lots; and (b) 20 feet for cul-de-sac or knuckle lots and (c) 15 feet to open porch. (5) Front Yard Setback – Garage
Side-entry garages shall maintain a minimum front yard setback of (a) 20 feet from the garage to the front property line; and (b) 20 feet from the garage door to the front property line for front entry garages. Side-entry garages shall also maintain a minimum lot width of 60 feet for adequate entry/exit.
(6) Rear Yard Setback
Required rear yard shall be (a) 15 feet for a lot with no alley; and (b) 5 feet for a lot with an alley and (c) 10 feet to open patio cover.
(7) Side Yard Setback – Interior Lot
Minimum side yard setback for interior lots shall be (a) 5 feet for one-story homes; cul-desac lots and knuckle lots; (b) 5 feet for any portion of a structure exceeding one story. (8) Side Yard Setback – Corner Lot/Reverse Corner Lot
Minimum side yard setback shall be (a) 10 feet for corner lots; and (b) 15 feet for reverse corner lots. Garage loading on street side yards shall require a 20-foot setback from property line to garage.
10 45 50

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(9) Minimum Building Separation – Interior Side Yard
The minimum side yard separation between primary structures on adjacent lots shall be 10 feet for adjacent two-story homes. Side yard separation standards do not apply to accessory structures.
(10) Maximum Building Height
No building shall exceed a height of 38 feet. An architectural projection, such as a chimney or tower, may exceed the maximum building height but shall not exceed a height of 40 feet.
(11) Minimum Dwelling Unit size
Minimum dwelling unit size shall be 1,400 square feet.
(12) Architectural Projections
No portion of any building may protrude into the front setback unless the following conditions are met:
• Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than 10 percent thereof.
• Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than 6 feet, an openwork railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place.

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TABLE 4-1
DEVELOPMENT STANDARDS SUMMARY:
7,200 SQUARE FOOT LOTS
PLANNING AREAS PA-1 TO PA-9

DEVELOPMENT STANDARDS
Minimum Lot Area 7,200 s.f.

Minimum Lot Width:
(a) Interior
(b) Corner lots
(c) Cul-de-sac lots
(d) Knuckle lots and flag along the arc of the front property line (e) Lots with side-entry garages
60 ft.
60 ft.
30 ft.
30 ft.
60 ft.

Minimum Lot Depth:
(a) Front loaded lot. 90 ft.

Minimum Front Yard Setback:
(a) Front property line to habitable portion of the structure: straight street and flag lots (b) Front property line to habitable portion of the structure: cul-de-sac (c) Front property line to habitable portion of the structure: knuckle lot (d) To open porch
20 ft.
20 ft.
20 ft.
15 ft.

Minimum Front Yard Setback: Garage
(a) side entry
(b) front entry
20 ft.
20 ft.

Minimum Rear Yard Setback to habitable structure:
(a) No alley
(b) With alley
(c) For open patio cover (one- or two-story)
15 ft.
5 ft.
10 ft.

Minimum Side Yard Setback
(a) Side yard setback – interior lot
(b) Corner lot
(c) Reverse corner lot
(d) Garage loaded side yard on corner or reverse corner lots 5 ft.
10 ft.
15 ft.
20 ft.

Minimum Building Separation – interior side yard:
(a) Between adjacent two-story structures
(b) Between one-story and any adjacent structure
10 ft.
10 ft.

Maximum Building Height
(a) with architectural projections
38 ft.
40 ft.
10 ft.
45 ft.
50 ft.

Note: If an interior lot's width is 45-feet to less than 60-feet on a proposed 7,200 square foot lot, then the Development Standards for a 4,000 square foot lot (Table 4-4) shall apply.The Development Standards for a Reversed Corner Lot Minimum Side Yard Setback shall be 10-feet for corner lots and reversed corner lots.

Development Standards - 7,200 S.F. Lots Figure 4-1
not to scale NOTE: This prototype site plan is conceptual in nature and is only one of many design solutions that are permitted in this land use designation.

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B. MINIMUM 6,000 S.F. LOT (PLANNING AREAS 1-9)
The following standards are applicable where ever minimum 6,000 square foot lots are planned in the LDR zone in the Mission Lakes Specific Plan. These standards are summarized in Table 4-2 and shown in Figure 4-2. The standards presented here shall apply to any lot size of 6,000 square feet up to but not including 7,200 square feet.
(1) Minimum Lot Size
The minimum residential lot size shall be a minimum 6,000 square feet. (2) Minimum Lot Width
Minimum lot width shall be (a) 55 feet for interior lots; (b) 60 feet for corner lots; (c) 30 feet for cul-de-sac lots along the arc of the front property line; and (d) 30 feet for knuckle and flag lots along the arc of the front property line.
(3) Minimum Lot Depth
Lot depth shall be a minimum of 75 feet, 70 feet for cul-de-sac lots, flag lots or lots fronting on a knuckle. For purposes of this requirement, each side of the lot may be averaged if one side is longer than the other to determine the lot depth. (4) Front Yard Setback
Minimum front yard setback from the front property line to the habitable portion of the structure shall be (a) 18 feet for lots adjacent to a straight street and flag lots; and (b) 20 feet for cul-de-sac or knuckle lots and (d) 10 feet to open porch. (5) Front Yard Setback – Garage
Side-entry garages shall maintain a minimum front yard setback of (a) 15 feet from the garage to the front property line; and (b) 20 feet from the garage door to the front property line for front entry garages. Side-entry garages shall also maintain a minimum lot width of 55 feet for adequate entry/exit.
(6) Rear Yard Setback
Required rear yard shall be (a) 15 feet for a lot with no alley; and (b) 5 feet for a lot with an alley and (c) 10 feet to open patio cover.
(7) Side Yard Setback – Interior Lot
Minimum side yard setback for interior lots, cul-de-sac lots, and knuckle lots shall be (a) 5 feet for one- and two-story homes.
45 50

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(8) Side Yard Setback – Corner Lot/Reverse Corner Lot
Minimum side yard setback for shall be (a) 10 feet for corner lots; and (b) 15 feet for reverse corner lots. Garage loading on street side yards shall require a 20-foot setback from property line to garage.
(9) Minimum Building Separation – Interior Side Yard
The minimum side yard separation between primary structures on adjacent lots shall be 10 feet for adjacent two-story homes. Side yard separation standards do not apply to accessory structures.
(10) Maximum Building Height
No building shall exceed a height of 38 feet. An architectural projection, such as a chimney or tower, may exceed the maximum building height but shall not exceed a height of 40 feet.
(11) Minimum Dwelling Unit Size
Minimum dwelling unit size shall be 1,100 square feet. No more than 25% of dwelling units shall be at the minimum size of 1,100 square feet in any planning area. (12) Architectural Projections
No portion of any building may protrude into the front setback unless the following conditions are met:
• Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than 10 percent thereof.
• Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than 6 feet, an openwork railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place. 10

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TABLE 4-2
DEVELOPMENT STANDARDS SUMMARY:
6,000 SQUARE FOOT LOTS
PLANNING AREA (S) PA-1 TO PA-9

DEVELOPMENT STANDARD
Minimum Lot Area 6,000 s.f.

Minimum Lot Width:
(a) Interior
(b) Corner lots
(c) Cul-de-sac lots
(d) Knuckle lots and flag along the arc of the front property line (e) With side-entry garages
55 ft.
60 ft.
30 ft.
30 ft.
55 ft.

Minimum Lot Depth:
(a) Front loaded lot
(b) Cul-de-sac
75 ft.
70 ft.

Minimum Front Yard Setback:
(a) Front property line to habitable portion of the structure: straight street and flag lots (b) Front property line to habitable portion of the structure: cul-de-sac (c) Front property line to habitable portion of the structure: knuckle lot (d) To open porch
18 ft.
20 ft.
20 ft.
10 ft.

Minimum Front Yard Setback: Garage
(a) side entry
(b) front entry
15 ft.
20 ft.

Minimum Rear Yard Setback to habitable structure:
(a) No alley
(b) With alley
(c) For open patio cover (one or two-story)
15 ft.
5 ft.
10 ft.

Minimum Side Yard Setback
(a) Side yard setback – interior lot
(b) Corner lot
(c) Reverse corner lot
(d) Garage loaded side yard on corner or reverse lot
5 ft.
10 ft.
15 ft.
20 ft.

Minimum Building Separation – interior side yard:
(a) Between adjacent two-story structures
(b) Between one-story and any adjacent structure
10 ft.
10 ft.

Maximum Building Height
(a) with architectural projections
38 ft.
40 ft.

Note: If an interior lot's width is 45-feet to less than 60-feet on a proposed 6,000 square foot lot, then the Development Standards for a 4,000 square foot lot (Table 4-4) shall apply.The Development Standards for a Reversed Corner Lot Minimum Side Yard Setback shall be 10-feet for corner lots and reversed corner lots.
45 ft.
50ft.
10 ft.

Development Standards - 6,000 S.F. Lots Figure 4-2
not to scale NOTE: This prototype site plan is conceptual in nature and is only one of many design solutions that are permitted in this land use designation.

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C. MINIMUM 5,000 S.F. LOT (PLANNING AREAS 1-9)
The following standards are applicable where ever minimum 5,000 square foot lots are planned in the LDR zone in the Mission Lakes Specific Plan. These standards are summarized in Table 4-3 and are shown in Figure 4-3. The standards presented here shall apply to any lot size of 5,000 square feet up to but not including 6,000 square feet.
(1) Minimum Lot Size
The minimum residential lot size shall be 5,000 square feet, including easements. (2) Minimum Lot Width
Minimum lot width shall be (a) 50 feet for interior lots and flag lots; (b) 55 feet for corner lots; (c) 35 feet for cul-de-sac lots along the arc of the front property line; and (d) 35 feet for knuckle lots along the arc of the front property line.
(3) Minimum Lot Depth
Lot depth shall be a minimum of 75 feet, 70 feet for cul-de-sac lots, flag lots or lots fronting on a knuckle. For purposes of this requirement, each side of the lot may be averaged if one side is longer than the other to determine the lot depth. (4) Front Yard Setback
Minimum front yard setback from the front property line to the habitable portion of the structure shall be (a) 16 feet for lots adjacent to a straight street and flag lots; and (b) 20 feet for cul-de-sac or knuckle lots and (d) 10 feet to open porch. (5) Front Yard Setback – Garage
Side-entry garages shall maintain a minimum front yard setback of (a) 15 feet from the garage to the front property line; and (b) 20 feet from the garage door to the front property line for front entry garages. Side-entry garages shall also maintain a minimum lot width of 55 feet for adequate entry/exit.
(6) Rear Yard Setback
Required rear yard setback shall be (a) 10 feet for a lot with no alley; and (b) 5 feet for a lot with an alley and (c) 10 feet to open patio cover.
(7) Side Yard Setback – Interior Lot
Minimum side yard setback for interior lots, cul-de-sac or knuckle lots shall be (a) 5 feet for one- or two-story homes; and (b) 5 feet for any portion of a structure exceeding one story.
10 45 50
30

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(8) Side Yard Setback – Corner Lot/Reversed Corner Lot
Minimum side yard setback for shall be (a) 10 feet for corner lots; and (b) 15 feet for reverse corner lots.
(9) Minimum Building Separation – Interior Side Yard
The minimum side yard separation between primary structures on adjacent lots shall be 10 feet for adjacent two-story homes. Side yard separation standards do not apply to accessory structures.
(10) Maximum Building Height
No building shall exceed a height of 38 feet. An architectural projection such as a chimney or tower may exceed the maximum building height, but shall not exceed a height of 40 feet.
(11) Minimum Dwelling Unit Size
Minimum dwelling unit size shall be 1,000 square feet. No more than 35% of dwelling units shall be at the minimum of 1,000 square feet in any planning area. (12) Architectural Projections
No portion of any building may protrude into the front setback unless the following conditions are met:
• Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than 10 percent thereof.
• Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building, may extend into any front yard not more than 6-feet, an openwork railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place. 10

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TABLE 4-3
DEVELOPMENT STANDARDS SUMMARY:
5,000 SQUARE FOOT LOTS
PLANNING AREA (S) PA-1 TO PA-9

DEVELOPMENT STANDARD
Minimum Lot Area 5,000 s.f.

Minimum Lot Width::
(a) Interior
(b) Corner lots
(c) Cul-de-sac lots
(d) Knuckle lots and flag along the arc of the front property line (e) With side-entry garages
50 ft.
60 ft.
30 ft.
30 ft.
55 ft.

Minimum Lot Depth:
(a) Front loaded lot
(b) Cul-de-sac lot
75 ft.
70 ft.

Minimum Front Yard Setback:
(a) Front property line to habitable portion of the structure: straight street and flag lots (b) Front property line to habitable portion of the structure: cul-de-sac (c) Front property line to habitable portion of the structure: knuckle lot (d) To open porch
16 ft.
20 ft.
20 ft.
10 ft.

Minimum Front Yard Setback: Garage
(a) side entry
(b) front entry
15 ft.
20 ft.

Minimum Rear Yard Setback to habitable structure:
(a) No alley
(b) With alley
(c) For open patio cover (one- or two-story)
10 ft.
5 ft.
10 ft.

Minimum Side Yard Setback
(a) Side yard setback – interior lot
(b) Corner lot
(c) Reverse corner lot
(d) Garage loaded side yard on corner or reverse lot
5 ft.
10 ft.
15 ft.
20 ft.

Minimum Building Separation – interior side yard:
(a) Between adjacent two-story structures
(b) Between one-story and any adjacent structure
10 ft.
10 ft.

Maximum Building Height
(a) with architectural projections
38 ft.
40 ft.

Note: If an interior lot's width is 45-feet to less than 60-feet on a proposed 5,000 square foot lot, then the Development Standards for a 4,000 square foot lot (Table 4-4) shall apply.The Development Standards for a Reversed Corner Lot Minimum Side Yard Setback shall be 10-feet for corner lots and reversed corner lots.
45 ft.
50 ft.
10 ft.

Development Standards - 5,000 S.F. Lots Figure 4-3
not to scale NOTE: This prototype site plan is conceptual in nature and is only one of many design solutions that are permitted in this land use designation.

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D. MINIMUM 4,000 S.F. LOT (PLANNING AREA 1-9)
The following standards are applicable where ever minimum 4,000 square foot lots are planned in the LDR zone in the Mission Lakes Specific Plan. These standards are summarized in Table 4-4 and are shown in Figure 4-4. The standards presented here shall apply to any lot size of 4,000 square feet up to 5,000 square feet.
(1) Minimum Lot Size
The minimum residential lot size shall be a minimum 4,000 square feet. (2) Minimum Lot Width
Minimum lot width shall be (a) 50 feet for interior lots and flag lots; (b) 55 feet for corner lots; (c) 35 feet for cul-de-sac lots along the arc of the front property line; and (d) 35 feet for knuckle lots along the arc of the front property line.
(3) Minimum Lot Depth
Lot depth shall be a minimum of 75 feet, 70 feet for cul-de-sac lots, flag lots or lots fronting on a knuckle. For purposes of this requirement, each side of the lot may be averaged if one side is longer than the other to determine the lot depth. (4) Front Yard Setback
Minimum front yard setback from the front property line to the habitable portion of the structure shall be (a) 15 feet for lots adjacent to a straight street and flag lots; and (b) 18 feet for cul-de-sac or knuckle lots and (c) 10 feet for alley loaded. Minimum front yard setback from property line to open porch shall be 8 feet.
(5) Front Yard Setback – Garage
Side-entry garages shall maintain a minimum front yard setback of (a) 10 feet from the garage to the front property line; and (b) 20 feet from the garage door to the front property line for front entry garages. Side-entry garages shall also maintain a minimum lot width of 55 feet for adequate entry/exit.
(6) Rear Yard Setback
Required rear yard shall be (a) 5 feet for a lot with no alley; and (b) 0 feet for a lot with an alley.
(7) Side Yard Setback – Interior Lot
Minimum side yard setback for interior lots shall be (a) 5 feet for one-story homes; and (b) 5 feet for any portion of a structure exceeding one story. 45 50
30

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(8) Side Yard Setback – Corner Lot/Reverse Corner Lot
Minimum side yard setback for shall be (a) 10 feet for corner lots; and (b) 10 feet for reverse corner lots.
(9) Minimum Building Separation – Interior Side Yard
The minimum side yard separation between primary structures on adjacent lots shall be 10-feet for adjacent two-story homes. Side yard separation standards do not apply to accessory structures.
(10) Maximum Building Height
No building shall exceed a height of 38 feet. An architectural projection, such as a chimney or tower, may exceed the maximum building height but shall not exceed a height of 40 feet.
(11) Minimum Dwelling Unit Size
Minimum dwelling unit size shall be 1,000 square feet.
(12) Architectural Projections
No portion of any building may protrude into the front setback unless the following conditions are met:
• Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than 10 percent thereof.
• Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than 6 feet, an openwork railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place.

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TABLE 4-4
DEVELOPMENT STANDARDS SUMMARY:
4,000 SQUARE FOOT LOTS
PLANNING AREA (S) PA-1 TO PA-9

DEVELOPMENT STANDARD
Minimum Lot Area 4,000 s.f.

Minimum Lot Width::
(a) Interior
(b) Corner lots
(c) Cul-de-sac lots.
(d) Knuckle lots and flag along the arc of the front property line. (e) With side-entry garages
50 ft.
55 ft.
35 ft.
35 ft.
55 ft.

Minimum Lot Depth:
(a) Front loaded lot.
(b) Cul-de-sac lot
75 ft.
70 ft.

Minimum Front Yard Setback:
(a) Front property line to habitable portion of the structure: straight street and flag lots (b) Front property line to habitable portion of the structure: cul-de-sac (c) Front property line to habitable portion of the structure: knuckle lot (d) Alley loaded
(e) To open porch
15 ft.
18 ft.
18 ft.
10 ft.
8 ft.

Minimum Front Yard Setback: Garage
(a) side entry
(b) front entry
10 ft.
20 ft.

Minimum Rear Yard Setback to habitable structure:
(a) No alley
(b) With alley.
(c) To open patio cover (two-story)
(d) To open patio cover (one-story)
0 ft.
5ft.
5 ft.
3 ft.

Minimum Side Yard Setback
(a) Side yard setback – interior lot
(b) Corner lot
(c) Reverse corner lot
(d) Garage loaded side yard on corner or reverse lot
5 ft.
10 ft.
10 ft.
20 ft.

Minimum Building Separation – interior side yard:
(a) Between adjacent two-story structures.
(b) Between one-story and any adjacent structure.
10 ft.
10 ft.

Maximum Building Height
(a) with architectural projections
38 ft.
40 ft.
45 ft.
50 ft.
30 ft.

Development Standards - 4,000 S.F. Lots Figure 4-4
not to scale NOTE: This prototype site plan is conceptual in nature and is only one of many design solutions that are permitted in this land use designation.

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4.2.2 MEDIUM DENSITY RESIDENTIAL (MDR)
The following development standards shall be allowed in Medium Density Residential (MDR) zone: Garden Court and Townhouse. The MDR zone consists of Planning Areas 12 and 13.

Permitted and conditionally permitted uses in MDR shall be those allowed under in the R-2 (Medium Density) Residential District of the Municipal Zoning Code of the City of Shafter.

A. GARDEN COURT (PA 12 AND PA-13)
The following standards are applicable wherever Garden Court development is planned within PA-12 and PA 13 in the Mission Lakes Specific Plan. These standards are summarized in Table 4-5 and shown in Figure 4-5.
(1) Minimum Lot Size
Minimum lot size shall be 2,800 square feet, including easements. (2) Minimum Lot Width
Minimum lot width shall be 35 feet.
(3) Minimum Lot Depth
Minimum lot depth shall be 70 feet.
(4) Front Yard Setback
Minimum front yard setback from the front property line to the habitable portion of the structure shall be 10 feet. Porches located within the front yard shall have a minimum setback of 8 feet. The minimum distance house to house in the front shall be 40 feet. (5) Rear Yard Setback
Alley entry garages shall maintain a minimum rear yard setback of 5 feet measured from the garage to the property line. Rear yard setback to residential living area shall be 10 feet.

Rear yard setback for an open patio cover (one- or two-story) shall be 5 feet. (6) Side Yard Setback
Minimum side yard setback shall be 5 feet. Minimum distance between structures shall be 10 feet, excluding projections described in number (10).

Side yard width on a corner lot shall not be less than 8 feet and shall extend the full length of the lot, excluding the corner lot cutout.

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(7) Minimum Building Separation
The minimum building separation between adjacent two-story structures shall be 10 feet.

The minimum building separation between one-story and any adjacent primary structures shall be 10 feet.
(8) Minimum Dwelling Unit Size
Minimum dwelling unit size shall be 850 square feet.
(9) Maximum Building Height
No building shall exceed a height of 38 feet. An architectural projection, such as a chimney or tower, may exceed the maximum building height but shall not exceed a height of 40 feet.
(10) Architectural Projections
No portion of any building may protrude into the front setback unless the following conditions are met:
• Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than 10 percent thereof.
• Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than 6 feet, an openwork railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place. (11) Guest Parking
Guest parking shall be provided at a ratio of one-half (0.50) space per unit in offstreet/non-alley parking areas.

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TABLE 4-5
DEVELOPMENT STANDARDS SUMMARY:

GARDEN COURT
PLANNING AREA (S) PA-12, PA-13

DEVELOPMENT STANDARD
Minimum Lot Area 2,800 s.f.

Minimum Lot Width: 35 ft.

Minimum Lot Depth: 70 ft.

Minimum Front Yard Setback:
(a) Front property line to habitable portion of the structure (b) Front property line to porch
10 ft.
8 ft.

Minimum Distance Between Habitable Structures – Front Yard 40 ft.

Minimum Rear Yard Setback:
(a) To habitable structure
(b) To open patio cover (one-story)
(c) To open patio cover (two-story)
(d) Alley entry garage
10 ft.
5 ft.
10 ft.
5 ft.

Minimum Side Yard Setback:
(a) Side yard setback – interior lot.
(b) Corner lot.
5 ft.
8 ft.

Minimum Building Separation – interior side yard:
(a) Between adjacent one-story
(b) Between one story and any adjacent primary structure. 10 ft.
10 ft.

Maximum Building Height
(a) with architectural projections
38 ft.
40 ft.

Development Standards - Garden Court Figure 4-5
not to scale NOTE: This prototype site plan is conceptual in nature and is only one of many design solutions that are permitted in this land use designation.

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B. TOWNHOUSE (PA-12 AND PA-13)
The following townhouse standards are applicable to Planning Areas 12 and 13 within the Mission Lakes Specific Plan.
(1) Minimum Project Size
Minimum lot size for townhouse projects shall not be less than 0.5 acres. (2) Front Yard Setback
Front yard setback to the residential living space (habitable portion) of the structure shall be not less than 10 feet from the front property line.

Front yard setbacks from property line to porch or patio shall be a minimum of 10 feet. (3) Front Yard Setback – Garage
Direct-entry garages shall maintain a minimum front yard setback of 20 feet measured from the garage door to the front property line.
(4) Rear Yard Setback
Required rear yards shall be a minimum of 10 feet as measured from the rear property line to the habitable portion of the structure.

Rear yard setback for a one- or two-story house open patio cover shall be a minimum of 10 feet.
(5) Side Yard Setback – Interior Lot
Side yard width shall not be less than 10 feet. Minimum distance between structures including porches, patios, or balconies shall be 20 feet, excluding allowed projections as described below.
(6) Side Yard Setback – Adjacent to Street
On any side that is adjacent to a street, the side yard shall be a minimum of 10 feet and such side yard shall extend the full length of the lot, excluding the corner lot cutout. (7) Minimum Building Separation – Front to Front
The minimum separation between primary structures front to front shall not be less than 50 feet.

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(8) Minimum Building Separation – Between Garages
The minimum separation between the garages of primary structures shall not be less than 30 feet.
(9) Maximum Building Height
No building shall exceed a height of 38 feet. An architectural projection such as a chimney or tower may exceed the maximum building height, but shall not exceed a height of 40 feet.
(10) Minimum Dwelling Unit Size
Minimum dwelling unit size shall be 850 square feet.
(11) Projections into Yards
No portion of any building may protrude into the front setback unless the following conditions are met:
• Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than 10 percent thereof.
• Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than 6 feet, an openwork railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place. (12) Guest Parking
Guest parking shall be provided at a ratio of one-half (0.50) space per unit in offstreet/alley parking areas.

Property Line
Single Family Attached Townhomes
20’ min. interior side yard
10’ min. to porch
10’ min. side yard adjacent to street
NOTE: These prototype site plans are conceptual in nature and are only two of many design solutions that are permitted in this land use designation. 30’ between garages
60’ between front of buildings
Development Standards - Townhouse Figure 4-6
not to scale

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4.2.3 MEDIUM HIGH DENSITY RESIDENTIAL (MHDR)
The following development standards shall be allowed in Medium High Density Residential (MHDR) zone: multi-family attached. The MHDR zone consists of Planning Areas 14 and 15.

Permitted uses in Planning Areas 14 and 15 shall be all those allowed under the R-3 (Medium High Residential) zone of the Municipal Zoning code of the City of Shafter. Public and private common recreation areas are specifically permitted as an accessory use. Permitted uses in PA 14 and15 shall include (a) private parks and playgrounds; (b) accessory structures; (c) private swimming pool; (d) private tennis court; (e) construction trailers; and (f) sales office (temporary).

A. MULTI-FAMILY ATTACHED (PA-14 AND PA-15)
The following standards are applicable wherever Multi-family attached development is planned within PA-14 and PA-15 in the Mission Lakes Specific Plan. (1) Maximum Density
The maximum density shall be 24.0 dwelling units per acre. (2) Minimum Lot Size
The minimum residential lot size shall be 0.5 acre, including easements. (3) Minimum Lot Width
Lot width shall not be less than 60 feet.
(4) Minimum Lot Depth
Lot depth shall be a minimum of 100 feet.
(5) Minimum Front Yard Setback
A minimum front yard setback of 20 feet shall be provided on any street, cul-de-sac, or knuckle lot.
(6) Side Yard Setback
The width of a street side yard on a corner lot shall not be less than 10 feet. (7) Rear Yard Setback
A minimum rear yard setback for lots adjacent to an alley is 5 feet; for lots not adjacent to an alley is 15 feet.

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(8) Minimum Building Separation
The minimum building separation between primary structures shall be as follows:

BUILDING
ORIENTATION 1 TO 1 STORY 1 TO 2 STORY 2 TO 2 STORY 2 TO 3 STORY 3 TO 3 STORY Front to Front 25 feet 25 feet 30 feet 30 feet 35 feet
Rear to Rear 15 feet 15 feet 25 feet 25 feet 25 feet
Front to Rear 25 feet 25 feet 30 feet 30 feet 35 feet
Side to Side 10 feet 10 feet 15 feet 15 feet 15 feet
Sidewalls Parallel w/ Front
or Rear Walls 20 feet 20 feet 30 feet 30 feet 30 feet
Obliquely Aligned Distances specified above may be decreased by five feet at one building corner provided there is an equal or greater distance increase at the other end.
(9) Maximum Building Height
No building shall exceed a height of 45 feet.

An architectural projection such as a chimney or tower may exceed the maximum building height, but shall not exceed a height of 50 feet.
(10) Minimum Floor Area
Each dwelling unit shall have a minimum living floor area as listed below, which includes walls and excludes garage and accessory uses such as patios and balconies:

NUMBER OF BEDROOMS MINIMUM FLOOR AREA
1 Bedroom 800 square feet
2 Bedroom 900 square feet
3 Bedroom 1,100 square feet
(11) Minimum Open Space
Private Open Space. A minimum of 100 square feet of private open space shall be provided per each dwelling unit located on the first floor and 75 square feet for each dwelling unit located on the second and third floors. Private open space may include ground floor patios or courtyards, second or third floor balconies or decks, and roof-top decks. Private open space may be covered, but must be open on at least one side.

Common Open Space: A minimum of 25% of the developed area shall be dedicated to common open space.

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(12) Off-Street Parking
Resident parking shall be provided as detailed below:

NUMBER OF BEDROOMS REQUIRED SPACES
1 Bedroom 1.5
2 Bedroom 2.0
3 Bedroom 2.5
Resident parking shall include a minimum of 1 space within an enclosed garage per each 1 bedroom unit. Where two or more spaces are required, 1 space shall be provided within an enclosed garage and remaining spaces shall be covered. Tandem parking shall be counted toward satisfying parking requirements.

Guest or visitor parking shall include a minimum of 1 space for every 3 dwelling units and shall include street parking, parking lots, and carports. (13) Storage Facilities
A separate area having a minimum of 300 cubic feet of private and secure storage space shall be provided for each dwelling unit and can be located within the garage, provided it does not interfere with garage use for automobile parking. Normal closet and cupboard space within the dwelling unit shall not count toward meeting this requirement. Enclosed garages are required to provide 300 cubic feet of storage cabinet space, or 300 cubic feet of storage space may be provided elsewhere on the site.

4.2.4 MAJOR COMMERCIAL – PLANNING AREA 16
All development standards and guidelines contained within Title 17, Chapter 5, Commercial Districts, of the City of Shafter Municipal Code shall be applicable to Planning Area 16. Permitted and conditionally permitted uses in Planning Area 16 shall be all those allowed under the General Commercial (CG) Zone of the Shafter Development Code.

4.2.5 PARKS – ALL PLANNING AREAS
The park system for Mission Lakes will provide for a range of public and private park spaces to serve the community. Figure 3-4, Parks and Recreation Plan, identifies the suggested location for each of the public and private park sites based on the expected number of dwelling units within the various areas of the Specific Plan. The actual location and design of the private neighborhood pocket parks will be determined upon approval of final tract or parcel maps. Design of the public park for PA-11 shall meet the approval of the Planning Director.

The City’s local parks ordinance, Title 17, Section 10.200, Park and Recreation Facilities, calls for the payment of fees by the developer of a residential development for the fair share cost of developing

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park sites to serve the residents of the area being developed. The actual construction costs of the public park shall become a credit to the owner or his assigns against payment of park fees, if constructed by owner. Thus, parkland within Mission Lakes will be dedicated and developed in a timely manner to meet open space and recreational needs of future residents.

In addition to outdoor recreation facilities, improvements may also include a private community center or other community facility in PA-10. Development of other community recreation facilities either within park sites or as stand alone projects may occur through a number of financing mechanisms.

4.2.6 SCHOOLS – PLANNING AREA 1 AND PLANNING AREA 4
Development standards for the elementary school in PA-4 and the middle school in PA-1 are subject to approval by the California State Architect and must meet the siting requirements of California Department of Education and Title 5 of the California Code of Regulations. Public schools shall be permitted uses in PA-1 and PA-4.

4.2.7 DRILLING ISLAND – ALL PLANNING AREAS
Drilling Island (DI) Districts maybe established in all planning areas as necessary. The development standards, guidelines and permitted uses contained in Chapter 3, Section 3.40 of the City of Shafter Municipal Code, shall be applicable to all Planning Areas whenever or where ever oil and gas production are proposed within the Mission Lakes Specific Plan.

4.2.8 DETENTION BASINS
Detention basins shall be designed in accordance with City of Shafter development standards and the following conditions:
• One (1) major detention basin for each 160 gross acres of land. • Detention basins should be designed to allow for shared use by multiple homebuilders or planning areas.
• Detention basins shall be designed, tested and sized as part of the individual tentative tract map submittal.
• Where possible detention basins should be integrated into a parks and recreation plan as landscaped open space areas for passive recreation and/or playfields. • A maintenance district and/or Homeowners Association (HOA) shall be established to maintain detention facilities.

The City of Shafter shall maintain all storm basins.

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4.2.9 RIGHT TO FARM PROVISIONS – ALL PLANNING AREAS
Since the Mission Lakes Specific Plan is located within an agriculturally oriented area, the City’s Right to Farm Provisions (Title 17, Section 10.270) shall be taken into consideration during the development of a phasing plan for the project.

4.2.10 EXISTING AND ABANDONED OIL WELLS – ALL PLANNING AREAS All existing and abandoned oil wells shall be identified on tract maps or development plans and evidence shall be provided that existing wells have been properly abandoned per the requirements of the California Division of Oil, Gas and Geothermal Resources (CDOGGR) and that siting of structures near abandoned wells shall meet the set back requirements of CDOGGR.

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5.0 DESIGN GUIDELINES

5.1 PURPOSE AND INTENT
The Mission Lakes Design Guidelines provide general criteria for architecture, landscaping, entry monumentation, and lighting design in order to ensure a high-quality development and strong community character. The overall goal of the Mission Lakes Design Guidelines is to create a unique master planned community within the City of Shafter. This Specific Plan document recognizes that the development of Mission Lakes will play a vital role in the growth of the Shafter 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. Variation and customization within the context of the guidelines by a builder is encouraged in order to achieve individually distinctive neighborhoods complemented by recreational amenities and a neighborhood commercial component in the same community.

Through collaboration and cooperation between the master developer, the builder(s), and the City of Shafter, the Mission Lakes master planned community is destined to be a successful and desirable addition to the Shafter area.

The specific objectives of the design guidelines are to:
• Provide guidance to builders, engineers, architects, landscape architects, and other professionals in order to obtain high quality design.
• Provide a framework for the formation of Covenants, Conditions, and Restrictions (CC&Rs) for the use of land in the Specific Plan area.
• Provide the City of Shafter with the necessary assurances that the community of Mission Lakes will be developed in accordance with a certain quality and character as set forth in this document.

The Design Guidelines are intended to be flexible and work in concert with the Development Standards contained in Section 4.0 of this document. These guidelines establish standards that will ensure the quality of development, the community landscape, and its character. These guidelines and the standards they contain shall be followed in the design and build-out of the community; they should not be viewed as voluntary. Through review of the plans by the Master Developer and official design review by the City of Shafter, these guidelines shall be enforced and implemented.

Projects where nearly identical buildings line streets without variation in placement and form will not be allowed.

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5.2 ARCHITECTURAL DESIGN GUIDELINES

5.2.1 GENERAL ARCHITECTURAL GUIDELINES (APPLIES PLANNING AREAS 1-9, PA-12, PA-13)
The goal of the architectural design guidelines is to allow for a diversification of architecture styles while ensuring visual compatibility. These guidelines do not promote rigid adherence to style descriptions but assist in achieving a particular design direction and high quality construction.

A. STYLE
Achieving variety and diversity in neighborhood architecture is a key community objective. For inspiration, Mission Lakes is encouraging compatible architectural styles that have historical precedence in Southern California and are capable of contemporary interpretation and variation.

Modern interpretations of historical architectural styles shall address today’s market conditions, economics, and building industry standards. Appropriate architectural styles include the following:
• Colonial
• Spanish Colonial
• Cottage
• Monterey
• Craftsman
• Italianate
It should also be noted that additional architectural styles not listed above may be incorporated into the Mission Lakes project.

B. COLORS AND MATERIAL
The colors and building materials used at Mission Lakes shall be complementary, and when considered together, shall reflect a distinct community character. The use of elements such as terracotta color roof tile, white washed plaster, painted siding, and wrought iron will provide variety and contrast. New interpretations of these classic combinations of materials and inherent colors are encouraged as they relate to a general feeling of neighborhood unity.

Color palettes that reflect traditional architectural themes are the basis for successful modern interpretations as proposed for Mission Lakes. A variety of natural materials and earth tone based colors will provide the diversity required for visual interest while unifying the buildings with their

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settings and creating a timeless appeal. The primary purpose of the architectural style palette selection is to avoid monotony, provide a variety of color schemes, and promote visual diversity.

C. ARCHITECTURE ORIENTED TO THE STREET
Architecture shall be oriented to the street so that interactive elements create a human scale and are inviting to the street scene. Interactive elements include; porches, verandas, porte-cocheres, balconies, decks, porticos, trellises, arbors, and courtyards.

The quality design and orientation of interactive elements provide “eyes on the street” and contribute to pedestrian safety, a sense of place, activity, and neighborhood socialization.

D. ARCHITECTURAL DIVERSITY – DETACHED SINGLE-FAMILY
Detached residential planning areas within Mission Lakes shall utilize a minimum of three to six different architectural styles similar to those suggested below:

Spanish Colonial Colonial Cottage
Italianate Monterey Craftsman
The intent is to provide variety and to avoid monotony in the streetscape. A maximum of 40% and a minimum of 20% of any one style shall be used within each Planning Area of Mission Lakes.

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E. BUILDING MATERIALS & COLORS
To further the goal of diversity, the following criteria shall be met:

1. Each elevation shall have a minimum of three colors. For example: one body, one trim, and one accent color.

2. Front elevation design and materials are to wrap around the side elevation to an appropriate transition point.

3. Each product line shall have a minimum of three different roofing colors.

4. Individual color schemes must be appropriate to the architectural styles selected with a harmonious selection of accent materials and roof profile and colors.

5. No two adjacent homes using the same floor plan shall have the same exterior color scheme.

A scheme of color values on exterior elements shall be distinct on adjacent homes, with deeper tones encouraged to promote variation.

6. If balconies are provided, materials shall match or complement those used on the main portion of the building.

7. At least two out of every three homes shall upgrade the hardscape used within the concrete walkways leading to the main structure to complement the home’s exterior architectural elements. (Example: use of decorative troweled bands; decorative patterned scoring; exposed aggregate finishes; stamped concrete, etc.).
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F. BUILDING MASS, FORM, AND SCALE
Creating a street scene that functions well and has visual variety is a key community objective. The following massing and scale criteria are intended to develop variation in appearance and a sense of individuality for each home. Projects where nearly identical buildings are placed on streets without variation in placement and form are not permitted. Listed below are massing and plotting techniques and standards which will create a quality environment.

1. Single-story components such as porches,
reduced heights of living spaces, and/or
garage areas shall be used to create a sense
of variety within the street scene and to
break up building massing.

2. Twenty percent (20%) of all plans and
elevations plotted shall have a significant
single-story component, which can include
garages and covered porches.

3. To reduce building massing at project
entries, single-story homes or significant single-story components are required on corner lots located adjacent to gated entries.

4. Homes shall be designed with entries, windows, front porches, and living areas placed directly adjacent to the street on most plan variations, while recessing the garages, are encouraged.

5. The proportion of windows and doors to the wall massing shall vary according to the architectural style chosen. Windows and doors shall enhance, rather than dominate, the overall architectural character of the home. The selected style of window shall be appropriate to the architectural style of the house.

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6. Garage doors shall be fully integrated into the design of the architecture and shall complement the building elevation. Accent colors shall be considered to complement the architecture and to provide visual variety along streetscapes. Windows in garage doors are required for all homes. Staggered setbacks, recessed garages, and side-entry garages shall be considered to further vary the streetscape.

G. REAR BUILDING ELEVATIONS
The dominant impact from the street is the shape of the building and roofline of two-story plans.

Therefore, these second story rear building elevations shall adhere to the following guidelines.

1. Long stretches of unbroken exterior walls are not allowed in favor of articulated elevations with projections, recesses, windows, doors, and specialized architectural detailing, which are required.

2. The second story portion of the rear elevation of all structures which face arterial roads shall incorporate varied wall planes, roof forms and orientation, or window treatments.

3. Articulate the rear elevation and roof plane to minimize the visual impact of repetitious flat plans, similar building silhouettes, and similar ridge heights on homes viewed from arterial roads.

4. For each floor plan submitted to the Building Department for review, three elevations are required per floor plan. At least two out of every three elevations per floor plan shall provide general architectural relief at the rear elevation of each home in order to avoid one continuous wall or flat surface on the rear of the home. Fireplaces, rear yard trellises, and media niches are allowed.
two Page 260 of 494

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H. PLOTTING CONCEPTS
The following criteria shall be considered when placing a structure on a single-family lot:

1. Reduce the scale and size of each neighborhood by creating “sub-neighborhoods” or “villages” through the use of short or curved street segments, and short cul-de-sac streets.

2. Plot alternative floor plan types and/or elevation styles on contiguous lots. A floor plan shall not be used consecutively more than three times in a row, whether reversed or not.

3. Any one floor plan shall comprise no more than 65% of the number of lots on any cul-de-sac or along any street between intersecting streets.

4. Adjacent homes shall have varying front
yard setbacks. This requirement does
not apply to lots located on a curvilinear
street, cul-de-sac, or knuckle, which
already provide a varied street scene.

When one and two-story homes are
adjacent, the two-story home shall have
the larger front yard setback.

5. Driveways on corner lots shall be
located to the rear of the lot to allow
expanded opportunities for landscaping
at street intersections.

6. All utility boxes shall be underground or camouflaged.

7. Each lot shall be provided with four (4) phone lines to the house.

8. Shadow conduit shall be provided to each home.

Conduit for city provided Fiber Optic shall be installed. Page 261 of 494

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I. ROOFS
Roofs serve as major structural and architectural design elements. A variety of roof types are permitted and encouraged within the project. Roofs shall be consistent with the neighborhood or product-type architectural concept and the style, materials, and scale of the building.

1. As it relates to styles, a variety of roofs shall be permitted, including hip, gable, and shed roofs. Roof heights, pitch and planes shall vary to create interplay between the roof and the walls of the structure. Varying roof pitches on the same building shall be avoided unless they are integral to the architectural style or extending over porches and balconies.

2. Roofs shall be constructed of non-combustible materials. Acceptable materials include clay and concrete tile. Unacceptable materials include pressed wood, corrugated fiberglass, asphalt roll roofing, and corrugated metal.

3. Roofing trim materials shall be of similar materials and complementary colors. Roof vents and appurtenances shall be painted to match the roof color.

4. Roof overhangs are permitted and shall be designed as an integral part of the roof form.

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J. GARAGES

1. The home and front yard rather than the garage is the primary emphasis of the front elevation. In order to de-emphasize the role of the garage in front elevations, setbacks, sideentries, detached garages, and other “neo-traditional” treatments are permitted.

2. Garages shall be constructed of materials compatible with the architectural style of the primary structure.

3. No two adjacent homes having the same floor plan and elevation shall use the same garage door pattern. In no case shall more than two (2) adjacent homes of any floor plan or elevation have the same garage door pattern.

4. A variety of designs shall be used on garage doors. Minimize the visual impact of garages facing the street by varying garage door patterns, varying colors, varying setbacks, splitting doors into two or more single doors, incorporating windows into garage doors, and using alternative garage configurations.

5. Swing-in (side loaded) garages are prohibited on lots less than 55 feet wide at the front setback line.

6. Side elevations of garages facing the street shall have architectural detailing.

7. All garage doors shall be sectional and roll-up with windows.

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8. The three-car garage configuration requires careful consideration to de-emphasize its impact on the street. The use of tandem garage design is permitted so that three garage spaces appear as two from the street.

9. The following design techniques shall be incorporated in homes with three car garages:
• Where allowed, the standard front facing three-car configuration can be used in a maximum of 65% of plan configurations.
• When the standard front facing three-car configuration is used, it must be combined with one of the following measures:

1. Provide a minimum 75 square feet of porch area (horizontal or vertical).

2. Extend a portion of the home a minimum of 5 feet in front of the garage.

3. Offset the dual car garage door 2 feet from the single-car garage door.

4. Provide three separate garage doors to break up the building mass.

10. In the case of the recessed two-car garage configuration, a 12-foot-wide driveway shall be allowed that tapers to 16 feet to de-emphasize its impact on front elevations.

K. PORCHES AND ENTRYWAYS
Entrances to homes shall be clear and easily
recognizable. Covered entrances, porches,
and arcades are desirable, because they
serve to identify entrances and provide
front-yard and side-yard elevational
differences. All front doors shall reflect the
architectural style that may include a
window or other decorative treatment.

Porches and entryways shall be used to
visually break up large, monolithic
buildings into smaller units, more in
keeping with the desired human scale.

Where present, porches shall be used on buildings of two or more stories as a transition from nearby single-story structures or other taller structures. Porches shall be constructed of wood, stucco, stone, brick and other similar materials. Wrought iron railings are permitted and acceptable.

L. DOORS AND WINDOWS
By varying the spacing, sizes, shapes, and locations of door and window openings in building facades, structures shall be made more visually interesting and attractive. It is especially important to vary the placement of doors and windows on buildings located in close proximity to each other in the same neighborhood. In addition, windows and doors shall be recessed into or projected out

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of structures to emphasize important areas of the building. Windows, frames, mullions, and door frames shall utilize complementary colors with the rest of the building. Doors shall include inset panels, carvings, and/or window panes.

M. BALCONIES AND OVERHANGS
Balconies and overhangs are desirable elements of a building because they provide architectural interest even when not serving a practical purpose. Balconies and overhangs add visually to a structure by breaking-up wall masses, offsetting floors, and creating a sense of human scale.

Balcony railings shall reflect the architectural style. Balcony railings can be solid, if desired. Accent tile is permitted in moderate amounts. In all cases, balconies and overhangs shall be designed such that detailing, form, color, and materials are similar and/or compatible to the main structure.

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5.2.2 ARCHITECTURAL DESIGN STANDARDS AND REQUIREMENTS – MEDIUM HIGH DENSITY RESIDENTIAL (APPLIES TO PLANNING AREAS 14 AND15)
A. ARCHITECTURAL DIVERSITY
Medium-high density residential neighborhoods within
Mission Lakes shall consist of attached multi-family
product types, townhomes, and condominiums. The
increase in density and slight shift in character, compared with the community’s traditional single-family detached neighborhoods, will distinguish Mission Lakes as a place that offers a complementary mix of housing types and
styles. One of the major goals of the architectural design guidelines for Planning Areas 14 and 15 is to create the impression of small “villages” and discourage a mass
produced feel. This goal shall be achieved through a
diversity of style, smooth transitions between structures, and enhanced neighborhood hardscape and landscape
features. Upon completion, the attached residential
planning areas shall encourage neighborhood and
pedestrian interaction, and integration within the overall community of Mission Lakes.

One or more specific architecture styles shall be selected for each of the two medium-high density residential
planning areas. Mixing of styles within a planning area may occur with approval of the Planning Department.

Styles can include, but are not limited to: Colonial,
Spanish Colonial, Cottage, Monterey, Craftsman, and
Italianate. The main components of these styles shall be applied, and shall be tailored to multi-family residential building types by the designing architect. Each attached structure shall be designed for internal compatibility, using a balanced palette of colors and materials to
achieve a restful uniformity within each planning area.

Landscaping in multi-family Planning Areas shall be
designed to the satisfaction of the Planning Department.

B. BUILDING ORIENTATION

1. Attached structures shall be rotated, angled (right angles allowed), or otherwise offset to afford a sense of individuality, as well as to provide privacy at entries, patios, and balconies.

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2. Buildings shall relate appropriately to surrounding development and streets and create a cohesive visual identity for the neighborhood and street scene.

3. Buildings are permitted to be designed with both a “front” and “back” door, so that the buildings may face a street but access could be provided via a parking lot or alleyway via a back door.

4. Public spaces shall be clearly defined from private spaces through the use of building materials, grade separations, and physical separations such as fences, walls, or building enclosures.

C. BUILDING MASSING, DETAILS, AND MATERIALS
Building massing, details, and
materials shall be carefully
considered in developing an
appropriate architectural character for Planning Areas 14 and 15.

1. Buildings shall not
exceed 45 feet in height.

2. Long, unbroken facades and
box-like forms shall be
avoided. Building facades
shall be broken up to give the
appearance of a collection of
smaller structures.

3. To the extent possible, each of
the units shall be individually
recognizable. This can be
accomplished with the use of
balconies, porches, setbacks,
and projections that help
articulate individual dwelling
units or collections of units,
and by the pattern and
rhythm of windows and
doors.

4. Elevations visible from Seventh Standard Road and all other adjacent arterial roads shall be carefully articulated and large unbroken surfaces shall be prohibited.

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5. Varied roof forms shall be encouraged and utilized for the creation of a varied yet cohesive residential design.

6. Building projections and recesses shall be provided on the front facade of each structure.

The front wall mass of each building should be broken-up into a minimum of two planes (horizontal or vertical) with a break depth of at least 2 feet. No break in plane shall be less than 25 percent of the length or width of the front facade.

7. Emphasis shall be placed on horizontal architectural lines including trim and fascia lines.

8. Buildings shall be designed to define outdoor spaces, with floor plans that have a logical and functional relationship between indoor spaces and outdoor areas.

9. Provide front porches where style appropriate and possible to accomplish stepped massing and transition to public spaces.

D. ROOFS AND CHIMNEYS

1. A variety of roofs styles shall be permitted, including hip, gable, and shed roofs. The roof design shall follow the wall planes and roof pitch shall be consistent with the architectural style.

2. Roofs shall be constructed of non-combustible materials. Acceptable materials include clay and concrete tile. Unacceptable materials include pressed wood, corrugated fiberglass, asphalt roll roofing, and corrugated metal.

3. Roofing trim materials shall be of similar materials and complementary colors. Roof vents and appurtenances shall be painted to match the roof color.

4. Roof overhangs are permitted and shall be designed as an integral part of the roof form.

5. Chimneys and spark arrestors shall act as thematic forms and vertical elements in the architecture. Caps on chimneys shall have low profiles and shall not be visually distractive.

Acceptable building materials include stone veneer, brick (including used brick), and stucco. Architectural treatment shall be provided on each chimneystack.

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E. ENTRIES AND WINDOWS

1. Deep set openings are encouraged to convey
the impression of wall thickness and create
strong shadows. Front door surround
treatment, including a cover for weather
protection, shall use decorative trim
appropriate to the style, a recess, or sidelights.

2. Window pediments, small roof elements,
overhangs, and projections over windows,
doors, and garage doors shall be incorporated
into the architectural detailing.

3. A variety of window and door treatments shall occur. French doors, dormer windows, or decorative shutters shall be incorporated into the building design.

F. BALCONIES AND PORCHES

1. Balconies and porches shall be used to articulate and reduce mass, as well as to provide shadow relief. Where architectural style and density are appropriate, stoops may be used instead of porches.

2. Porches, balconies, and trellis structures shall be compatible with the overall architectural theme, style, and design of the structure.

3. Materials used to construct balconies and
porches shall be appropriate to the designated
architectural style.

G. DETAILS

1. Potshelves, pilasters, and brick and tile accents
are encouraged around doors, windows, and
entries, particularly near front and side entries
that are easily visible from the street.

2. Low and high walls shall be used to define
courtyards, patios, and entries.

3. Mechanical equipment such as gas meters and
air conditioning and heating units shall be
screened from public view, either by
landscaping, fences, and walls, or combination
thereof.

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4. Rain gutters, flashing, and other architectural elements and trim constructed of sheet metal shall be painted with colors similar to the fascia.

H. GARAGES AND DRIVEWAYS

1. Banks of garage doors with more than eight (8) single or six (6) double garages shall not be permitted without separation of at least 20 feet between banks of garage doors.

2. Tandem garages are permitted (and count towards parking requirements) to reduce the visual impact of garage doors.

3. Garage doors shall be of complementary colors, textures, and materials used on the front building elevation.

4. Use of carports instead of garages is not encouraged but allowed for guest parking. Should carports be constructed, they shall include substantial design elements (i.e. columns, beams, roof design) to convey a permanent concept. Prefabricated metal carports are prohibited.

5. Private drives that serve as alleys are permitted. To maximize open space, garages should face onto the alley and be located no further from the alley than is required for adequate vehicle access.

6. Guest parking facilities shall be located directly off or near a main driveway.

7. Areas shall be provided adjacent to garage entries located in alleys for landscape elements that will soften the built environment.

5.2.3 ARCHITECTURAL DESIGN STANDARDS AND REQUIREMENTS – MAJOR COMMERCIAL (APPLIES TO PLANNING AREA 16)
The architectural design standards and
requirements of Planning Area 16 shall be
consistent with the applicable sections of the
City of Shafter Zoning and Development Code
at the time of development.

A. BUILDING SITING

1. 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.

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2. Whenever possible, new structures should be clustered to create plazas and pedestrian malls. When clustering is impractical, a visual link between separate structures should be established through the use of an arcade, trellis, or other open structure.

3. Plazas and courtyards shall be incorporated into commercial development design.

4. Buildings should be divided in distinct
massing elements. Building facades
should be articulated with architectural
elements and details. Vertical and
horizontal offsets should be provided to
minimize bulk.

5. Decorative paving should be incorporated into parking lot design, driveway entries, pedestrian walkways,
and crosswalks.

5.3 LANDSCAPE DESIGN GUIDELINES
The Mission Lakes Landscape Design Guidelines establish a landscape theme for the project and set forth general criteria for landscaping of the residential community, neighborhood commercial center, and recreational amenities. These guidelines, consisting of written summary and graphic exhibits, establish landscape criteria for entries, streetscapes, recreational amenities, pocket parks, plant palette, lighting, and walls to create a unifying fabric for the community.

The Mission Lakes Landscape and Entry Monument Plan,
Figure 3-5, is driven by the desire to integrate the proposed master planned community into the Shafter area and to create an identifiable sense of place. Landscape and streetscape elements will be used to create visual continuity throughout Mission Lakes. Community elements such as entries,
streetscapes, and walls will establish the design theme for the community by reinforcing the design hierarchy and by
providing a reassurance of the community areas and
boundaries. These features are created through a thematic blend of hardscape and planting elements.

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The landscape plan of Mission Lakes calls for a compatible plant palette of trees, shrubs, and ground covers. Once a particular plant or plant combination is used for a particular application, it shall be repeated in similar areas of the community to reinforce a sense of neighborhood cohesion.

Landscape design shall not, however, result in monotony or lack of variety or biological diversity. The following is a description of landscape elements for the Specific Plan.

These elements shall be detailed at the site development plan or other discretionary permit for each planning area. The landscape design is based on the vision and goals of the Mission Lakes Specific Plan.

5.3.1 STREETS: STREETSCAPES
Landscaping of perimeter and internal streets will provide continuity throughout the community and create an
appropriate link with adjacent areas. Street trees within the Mission Lakes Specific Plan area will reflect the community’s design theme and be selected from the project’s plant palette.

Street tree placement and design may include a single street tree used along all the streets in a neighborhood, or may include a dominant street tree along with accent street trees used at strategic points along the street, such as clustered at intersections or at curves to break up long uninterrupted lines. Landscaping of streets shown on Figure 3-5 will
establish the main planting theme for the community. There are a limited number of different streetscapes for the Mission Lakes Specific Plan as described below.

A. MISSION LAKES BOULEVARD
The Landscape Plan indicates that formal planting shall be placed along this four-lane, divided arterial every where within the Specific Plan. Formal planting was discussed Section 3-7. A primary paseo shall be located on one or both sides of Mission Lakes Boulevard. A secondary paseo shall be located on the western portion Mission Lakes Boulevard near the commercial development. The formal landscaping/ primary paseo pattern of Mission Lakes Boulevard is a
pattern that is repeated on Street “D” and Street “B”, which are all arterial streets. This streetscape is shown in Figure 5-1a. Additional landscape easement will be necessary to accommodate the primary paseo.

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B. STREET “C”
The Landscape Plan for Street ”C”, shown in Figure 5-1b is representative of the streetscape for the minor collectors in the Mission Lakes Community where a secondary paseo is located along with windrows. Additional easement will be required to accommodate the secondary paseo and windrows. Windrows shall require a minimum planting space of 7 feet.

C. ZERKER ROAD THROUGH PLANNING AREA 16 (COMMERCIAL)
The Landscape Plan for Zerker Road through the commercial area is similar to Mission Lakes Boulevard with formal landscaping except that there will be no corridor walls and the paseo and landscape easements may be a combination of hardscape and street trees in grates as illustrated in Figure 5-1c.

Mission Lakes Blvd Streetscape Figure 5-1A
not to scale

Street “C” Streetscape Figure 5-1B
not to scale
Sidewalks/walkways to
meander where feasible.

Walkways to avoid being
placed adjacent to a wall
where feasible.Page 275 of 494
Zerker Road Streetscape Figure 5-1C
not to scale
Sidewalks/Walkways
to meander where
feasible. Page 276 of 494

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5.3.2 ENTRY MONUMENTATION
Entry monuments serve several important purposes; therefore careful consideration has been given to the design of community, major, and neighborhood entries. The intent of project monumentation design is to create visual gateways into Mission Lakes and to provide aesthetically pleasing entry statements that highlight the distinctiveness of the community. The Landscape Plan, Figure 3-5, depicts conceptual locations of entries for the Mission Lakes community and for individual planning areas.

As the primary entry to the community, major entry monumentation will be established at Seventh Standard Road and Zerker Lane and at Seventh Standard and Street “B”as illustrated conceptually in Figure 5-2, Entry Monuments, and in plan view in Figure 5-3. Secondary monuments will be established on Mission Lakes Boulevard at the western entry, on Zerker Road at the northern boundary of the plan area and at the eastern entrance to the plan area on Street ”D”. Entry monuments are described below. The design and architectural elements of entries shall be compatible and consistent with the Specific Plan theme elements of the Mission Lakes community.

Each entry statement shall consist of a combination of signage, lighting, and landscaping.

Additional information on signage and lighting standards is located in Section 5.3.7 and Section

5.3.8 of this Chapter.

A. PRIMARY ENTRY MONUMENTS
The primary entry monumentation establishes the character for all project monumentation treatments, emulates the unique landscape theme for Mission Lakes, and provides a strong landmark that reinforces the distinctiveness of the community. Primary entry monumentation will occur at the intersection of Zerker Road and Seventh Standard Road, and Street “B” east of Zerker Road. The entry monumentation is intended to utilize plant palettes and hardscape materials that contribute to the consistent implementation of the Mission Lakes landscape design theme.

B. SECONDARY ENTRY MONUMENTS
An enhanced secondary entry treatment will be located at three locations: at the intersection of Zerker Road and the Mission Lakes development boundary to the north, at the western edge of the plan area on Mission Lakes Boulevard and on the eastern boundary of the plan area on Street “D.

These entries will provide a dramatic visual gateway into Mission Lakes and its amenities. The secondary entry monumentation will utilize a variety of landscape and hardscape elements but will be smaller in scale than primary entry monumentation.

Entry Monument - Elevation Figure 5-2

Entry Monument - Plan Figure 5-3

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5.3.3 PRIVATE RECREATION & NEIGHBORHOOD PARKS
One private recreation area, one public recreation area, and several public neighborhood parks are planned for residents of the Mission Lakes community. The private recreation area is intended to serve as a visual amenity and provides both active and passive recreational uses including, but not limited to, a pool and spa, restroom facilities, basketball court, tot lots, open space turf areas for various activities, and barbeque facilities. A conceptual representation of the private recreation area is provided in Figure 5-4. Open turf areas in the private recreation area may be vegetated with hydroseed. The exact placement, size, and design of the private recreation areas will be determined at the design review stage of project implementation.

The public recreation area and neighborhood pocket park areas (Figures 5-5 and 5-6) are also intended to serve as visual amenities and provide both active and passive recreation for residents within the community. The neighborhood pocket parks will be landscaped with a small grove of trees, shrubs, and
other plant material as described in the
project’s plant palette which will be
determined by the master developer.

The public and neighborhood pocket
parks will have unique identities and
shall contain any combination of
passive sitting areas, open space turf
areas for various activities, tot lots,
walkways, and decorative lighting,
subject to approval of the Planning
Director. Large formal ball fields shall
be restricted to the public park area of PA-11. Open turf areas in these parks may also be vegetated with hydroseed. The exact placement, size, and design of the neighborhood pocket parks will be determined at the design review stage of project implementation.

5.3.4 PASEOS AND TRAILS
An extensive network of paseos and trails are located throughout the community, providing nonvehicular connectivity to the various internal components of the area. Landscaping of these areas will be designed to accentuate the community’s charm. Throughout the Mission Lake Specific Plan, public right-of-ways will be landscaped to provide a feeling of openness. The intent is to establish a “sense of place” where residents can arrive home and feel the embrace of community pride.

Public
Public recreation areas

NOTE: This prototype site plan is conceptual in nature and subject to modification.

Private Recreation (HOA) Figure 5-4
not to scale
PUBLIC

NOTE: This prototype site plan is conceptual in nature and subject to modification.

Public Recreation Figure 5-5
not to scale

NOTE: These prototype site plans are conceptual in nature and subject to modification.

Play lot
Shrubs placed around
perimeter
Group shelter or
gazebo
Deciduous trees
Bench
Picnic area
Berm used to create
separation from
adjacent street
Turf play area
Stepping stones
Bench
Evergreen trees
Seating provided
near play lot
Walking path
Conceptual Neighborhood Parks Figure 5-6
not to scale

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The paseo and trails system is essential to promoting a “walkable” community by providing an alternative mode of transportation throughout the community. The parcel developer shall be responsible for constructing any portion of the paseo system as shown in Figure 3-4 that lies adjacent to their parcel. Construction of paseos and trails shall coincide with construction of the adjacent development and be completed before the completion of the phase the project is in. A landscape maintenance district shall be established and be responsible for the maintenance of trails and paseos. A plant palette for the natural trail system and paseos shall be established by the master developer to ensure harmony and consistency throughout the Specific Plan. Sidewalks and trails are located within the paseo and trail systems along significant transportation corridors within Mission Lakes as shown in the Parks and Recreation Plan, Figure 3-4. The sidewalks along the paseo system link together the several neighborhood parks, along with the Lake and recreation facilities of PA-10. A multi-use trail is to be located along Seventh Standard Road. The trail will provide recreational opportunities and vehicular access for use by maintenance vehicles. The 10-foot-wide trail shall be maintained by a homeowners association or a landscape maintenance district to be established by the developer. Cross sections of the paseos and trails are shown in Figure 5-7. The design of paths will be reviewed and approved by the City of Shafter Planning Department
A. NATURAL TRAIL
The natural trial shall be 30 feet wide with a 10-foot-wide meandering sidewalk. The natural trail along the along Seventh Standard shall be planted with groves of trees as described in Section 3.7 Landscape Plan and shall have a sound wall constructed at the edge to protect against noise.

Elsewhere the natural trail shall be planted with windrows also described in Section 3.7.

B. PASEOS
Primary and secondary paseos shall be established along the streets where indicated in the Parks and Recreation Plan. Typically a paseo is located on one side of the street only. Section 5.3.1 Streetscape describes and illustrates the relationship of the paseos to the street right-of-way. A typical primary and secondary paseo are shown in Figure 5-7. Additional landscape easement may be required to implement the paseo system on certain streets. Landscaping of the paseos shall be coordinated with the Landscape Plan. The primary paseo shall be 30 feet wide and the secondary paseo shall be 15 feet wide, each with an 8-foot-wide walk.

Community
Facilities
District
Community
Facilities
District as
required by
the City. Page 284 of 494
Paseo and Trail Cross Sections Figure 5-7
Secondary Paseo
Primary Paseo
Natural Trail at 7th Standard ROW
Note: Areas in excess of Street Cross Sections will require a landscape easement. not to scale Varies (min. 3') Page 285 of 494

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5.3.5 GENERAL LANDSCAPE STANDARDS
All areas required to be landscaped will be planted with turf, groundcover, shrubs, or trees selected from the plant palette contained in these guidelines. The private recreational facilities and neighborhood parks, neighborhood commercial center, and common landscaped areas are permitted to be planted with a hydroseed mix. Sod shall be used for required front yard landscaping. A combination of hydroseed mix and flatted groundcovers shall be used to cover areas between shrubs and trees to prevent erosion. Colorful perennials also will be a part of these plantings. Plants with similar watering requirements shall be planted together in order to simplify the irrigation systems and increase water use efficiency. Priority use of water shall be considered, meaning that visually sensitive areas are entitled to use more water than low visual impact areas.

Visually sensitive areas include entries and highly traveled street frontages.

A. DROUGHT TOLERANCE
The landscape palette for the Mission Lakes Specific Plan shall promote selective drought tolerance through the use of native and naturalizing species. All common landscape areas shall be equipped with automatic irrigation systems. Drip or bubbler irrigation shall be provided where feasible.

Automatic controllers shall be equipped with automatic rain-shut-off devices and provide for various type of water management options.

B. MAINTENANCE
All landscape maintenance shall conform to project Covenants, Conditions, and Restrictions (CC&Rs). In general, the overall appearance of landscape shall be neat, healthy, and free of weeds and debris. All new construction shall be landscaped in accordance with a City approved Landscape Plan, and subject to City inspection of adequate maintenance levels. The homeowner’s association within Mission Lakes shall be responsible for the maintenance of all private common landscape areas within each planning area, except within individual private lots. Individual homeowners will be responsible for the maintenance of landscaped areas on individual lots.

CC&Rs will set forth requirements for front yard landscaping and maintenance but in no case will landscaping be less restrictive than requirements found in Chapter 2, Section 2.80 of the Shafter Zoning Ordinance. A landscape maintenance district or HOA shall be established to maintain public trails, paseos, common landscaped areas and detention basins.

C. PLANT MATERIAL GUIDELINES
Conceptual planting guidelines have been established through this Specific Plan. More detailed plant material guidelines and plant palette shall be established by the master developer that will be no less restrictive than requirements found in Chapter 2, Section 2.80 and will provide flexibility and diversity in plant material selection, while maintaining a limited palette in order to give greater unity and thematic identity to the community. The plant material lists will be selected for their appropriateness to the project theme, climatic conditions, soil conditions, and concern for maintenance and shall be made available of the City of Shafter Planning department. Wherever A Community Facilities District Page 286 of 494

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possible, overall plant material groupings shall have compatible drought resistant characteristics.

Irrigation programming can then be designed to minimize water application for the entire landscape setting. Consideration must be given when locating trees to avoid potential long-term problems with tree roots, but the City will have final approval for clearances when public facilities may be affected.

5.3.6 WALLS AND FENCES
All walls and fences within Mission Lakes shall be designed as integral elements of building architecture or complementary to the architecture and landscape character. Walls and fences will be used throughout the community to establish community identity, provide protection from roadways, recreation areas, and other noise, and allow privacy and security in residential and commercial areas. Construction of walls and fences shall coincide with construction of the adjacent development and be completed before the completion of the phase the project is in. Three types of walls and fences, excluding walls associated with entry monumentation, will occur within the Mission Lakes Specific Plan: perimeter sound walls, corridor walls, and open fence, which are located where indicated on Figure 3-6. A forth type of wall, neighborhood wall, may be developed to distinguish individual developments within the Specific Plan, however solid walls separating individual neighborhoods are discouraged. Neighborhood walls may also be used where corridor walls are indicated. The developer shall be responsible for installing the appropriate fencing along the Calloway Canal per the specification of the canal company.

A. PERIMETER SOUND WALL
Perimeter sound walls provide for protection against noise and establish the overall community identity or theme and shall be located where indicated in Figure 3-6. The perimeter sound walls shall be constructed by the master developer prior to
development of any phases. Details are shown in Figure
5-8.

B. CORRIDOR WALL
Corridor walls shall be 6-foot split face block walls or precision block walls as shown on Figure 5-8 and are
located along major arterials. Regular breaks should
occur along these walls where cul-de-sacs intersect to
avoid monotony and provide pedestrian access. Where
such walls tie into entry monumentation, the transition shall be made from the entry wall to the corridor wall
with a pilaster. Pilasters shall be provided at an average of every 100 feet, which may vary, depending on the
location of the wall or property lines but shall include changes in elevation or direction.

Perimeter Sound Wall Detail
Corridor or Neighborhood Wall
Wall and Fence - Detail A Figure 5-8
not to scale

MARCH 2005 5.0 DESIGN GUIDELINES
5-35
C. OPEN FENCE WALL
Open fence walls shall be located along the Friant-Kern Canal as part of the natural trail. An open fence wall is described as wrought iron on a split face block wall and is illustrated in Figure 5-9.

Chain link fencing shall be required along the Calloway Canal.

D. NEIGHBORHOOD WALLS
Neighborhood walls shall be designed as an integral component and extension of the building design and surrounding landscape (similar to those illustrated in Figure 5-8). Periphery walls can be integrated into the adjacent structure and extended into the landscape to help integrate the building into its environment and shall have a maximum height of 6 feet. Walls shall be constructed of materials, colors, and textures that are similar and harmonious with the architecture.

Particular importance shall be given to railing and cap details. Walls may be offset occasionally to avoid visual monotony. Walls shall be used to define the limits of property ownership, as well as for the creation of exterior privacy.

E. WALL AND FENCE GUIDELINES
The following guidelines shall be used for all walls and fences:

1. Appropriate materials include stone, stone veneer, split face/precision block, tubular steel, concrete, stucco pilasters and cap, and wrought iron.

2. Solid walls which are visible from public roadways shall incorporate design elements to reduce monotony. These elements shall include pilasters placed at average intervals of 100 feet.

3. The placement of a wall shall minimize the visual impact of the wall and maximizes its effectiveness as mitigation for noise and privacy.

4. Wall materials and patterns shall be compatible with adjacent building materials.

5. Walls shall be treated as extensions of the residential and commercial structures and use materials and colors complimentary of the overall architectural design.

6. The use of full dimension caps, pilasters, and changes in wall surfaces (staggering) is required where walls are visible from public rights-of-way.

Wrought Iron on Split Face Block Wall Detail (Open Fence Wall) Wall and Fence - Detail B Figure 5-9
not to scale

MARCH 2005 5.0 DESIGN GUIDELINES
5-37

5.3.7 SIGNS
Appropriate signage is important in maintaining the community design theme, as well as providing a system for identifying community and commercial development and giving directional information to residents, shoppers, and visitors. Unless noted within this Specific Plan, all signs shall comply with the requirements of the City of Shafter Sign Ordinance (Division 4 of the Shafter Municipal Code). Individual sign programs will be submitted at the time of site development permit review for each planning area.

The following basic principles shall be considered in the provision of signs within this Specific Plan:

1. The design and architectural elements of the
proposed signs shall be compatible and
consistent with theme elements of the
Coberly West Specific Plan.

2. Signs shall relate to human scale, especially
along pedestrian corridors.

3. The design of signs shall be compatible with
and complement the architecture of the
adjacent buildings.

4. Signs shall be designed to create a unifying
theme within the community. Signs utilized
in the Coberly West Specific Plan include both temporary and permanent types:

A. PERMANENT SIGNS
• Street Signs
• Project Identification
• Fire Lane Signs
• Community/Gated Entry Signs
• Community and Neighborhood Monumentation
• Commercial-Retail Tenant Signs
B. TEMPORARY SIGNS (PRESENT UNTIL THE COMPLETION OF PROJECT CONSTRUCTION) • Marketing and subdivision sale signs
• Future facility signs
Gossamer Grove
Gossamer Grove

MARCH 2005 5.0 DESIGN GUIDELINES
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• Directional signs
• Banners and flags

5.3.8 LIGHTING
The design issue of “lighting” includes street lighting, as well as building and landscape accent lighting, and sign illumination. Unless noted within this Specific Plan, all lighting shall comply with the requirements of the City of Shafter Sign Ordinance (Division 4 of the Shafter Municipal Code). The following basic principles shall be considered in the provision of lighting:

1. Street lights shall provide a safe and desirable level of illumination for both motorists and pedestrians without intruding into residential areas.

2. Lighting fixtures shall relate to the human scale, especially in pedestrian areas.

3. Lighting and lighting fixtures shall complement the design and character of each planning area in which they are placed.

4. All lighting shall be pedestrian oriented and friendly but shall not be obtrusive or offensive.

5. All street lighting shall be decorative and conform to City standards or an approved theme lighting program, and shall be approved by the City Engineer.

6. Illuminated entries shall consider direct lighting low to the ground and be limited to only the immediate vicinity of the entry.

7. Lighting of entries shall not be distracting, create visual hot spots, or glare.

8. Lighting of the private recreation areas, neighborhood parks, and commercial areas shall be designed to minimize light spillage onto adjacent and nearby properties.

9. Light fixtures shall be decorative and located throughout the project.

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6.0 SPECIFIC PLAN ADMINISTRATION

6.1 ADMINISTRATION

6.1.1 OVERVIEW
The Mission Lakes Specific Plan (MLSP) provides for a unique mix of residential and commercial uses in the City of Shafter. This Specific Plan represents a framework of development for the Mission Lakes community. Implementation of the project requires the approval of numerous additional discretionary entitlements over the life of project build-out.

The methods and procedures for implementation and administration of this Specific Plan document are contained in this Chapter. This section sets forth the procedures needed to implement the approved Specific Plan and the procedures required for amendment of the Specific Plan, if necessary. Customized regulations are specified in this document, derived partially from the Specific Plan provisions in the City of Shafter Development Code.

The intent of this Administration section is to consolidate all requirements into a single review process as much as possible. The other regulatory processes required include compliance with subdivision/parcel map laws where land or air rights parcels are being created, or a Conditional Use Permit (CUP) where called for in the Specific Plan to establish a new use.

The site is expected to contain a variety of uses for which impacts and implications will be an integral part of the site planning and review process. Consequently, separate procedures related to the Specific Plan and Variance process are generally not required. For example, the variance procedure will generally not be applicable because modifications to site development standards (beyond interpretive limits available to the Planning Director) would constitute an amendment to the Specific Plan. The provisions of this Plan offer a degree of interpretive flexibility thorough the Development Review process that should accommodate most adjustments that are likely to be sought.

6.1.2 ENVIRONMENTAL REVIEW AND IMPLEMENTATION
Section 21159.21 of the California Government Code provides that once an EIR has been certified and a specific plan adopted, any residential development project, including any subdivision or zone change that is undertaken to implement and is consistent with the specific plan is exempt from additional 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,

MARCH 2005 6.0 SPECIFIC PLAN ADMINISTRATION
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including substantial changes in the project or circumstances under which the project is being undertaken requiring major revisions in the project, or new information 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.

6.1.3 APPROVAL AUTHORITY
The Planning Director’s responsibilities shall include administering, interpreting, and enforcing all requirements and standards of the Mission Lakes Specific Plan, including the acceptance and processing of all land use permit applications. The Planning Director or designated representative 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 and Building Official, or their designees, hold final approval authority for, and enforcement of: building permits, certificates of occupancy, home occupation permits, minor variance modifications, minor precise plans of development, sign permits, similar use determinations, and temporary use permits. The Planning Director may impose 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 also make a Determination of Similar Use in accordance with Section 1.90 of the Development Code, for any proposed use of a property is not expressly authorized as a permitted or conditional use by the Specific Plan. 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 Mission Lakes Specific Plan (MLSP) and shall be designated on the City’s Zoning Map for this property as SP-2.

2. The Mission Lakes 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 this Plan. The site development and design regulations, as specified in Sections 4 and5 of this 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 Shafter Development Code shall be referred to for any topics that are not presented here, especially the Development Agreement (Section 17.2.70), Non-Conforming (Section 17.2.120), and Specific Plan (Chapter 15) sections of the City of Shafter Development Code.

5. Content of the Development Review application or CUP shall include content according to the following checklist:

MARCH 2005 6.0 SPECIFIC PLAN ADMINISTRATION
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a. A site plan, at a scale no smaller than 1’ = 50 ‘, that delineates the location, amount and relationship of proposed uses and supporting improvements, including a statistical summary that identifies acreage by use, dwelling unit counts and nonresidential square footage as appropriate to the proposed uses. The plan shall show:
i. The location and size of proposed planning areas;
ii. The location and size of proposed buildings and structures; iii. The location, size and improvements of all driveways, parking areas, walkways, bus turnouts, drainage ways and means of ingress and egress, including the number parking spaces to be provided;
iv. The location and size of proposed public and private open space, including recreation facilities and spaces;
v. General landscaping and lighting concept;
vi. Location and type of project identification signs; and vii. Project conceptual elevations.
b. Either concurrent or subsequent to the development plan submittal, depending on proposed phasing, additional detail on the above components shall be provided, consisting of:
i. Dimensions of buildings and structures, including walls and fences; ii. Dimensions of drives, access ways and parking spaces; iii. Dimensions of proposed public and private spaces, including improvements;
iv. Improvement plans for infrastructure and utilities; v. A landscaping plan, including plant palette and sizes; and vi. Illustrative elevations of structures and improvements. c. A phasing plan showing how the remainder of the property (for which immediate approval is not being sought) will be developed and how necessary improvements will be made in conjunction with future phases.
d. Provisions for business owner, property owner, or homeowner association(s) where that method of management responsibility is proposed.

6. Documentation and justification of the method for providing for the following unifying features of the Specific Plan:
• Access; • Architectural Theme;
• Entry Points; • Signs; and
• Internal Circulation; • Infrastructure.
• Landscaping;
Documentation shall be in the form of a conformance document that has been reviewed by the master developer.

MARCH 2005 6.0 SPECIFIC PLAN ADMINISTRATION
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7. Any new Conditional Use Permit (CUP) is subject to the provisions of the MLSP in addition to the findings and potential conditions identified in Section 2.50, Conditional Use Permits, of the City of Shafter Development Code.

8. 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. Commercial square footage;
d. Compliance with design requirements;
e. Variations in landscape concept for location of landscape features, but not the total amount of landscaping;
f. Variations in setback that do not exceed 10% of the prescribed dimension; g. Land use designation boundary modifications not to exceed a 10% change in area.

9. The Planning Director has the authority to make interpretations and approve modifications to this Plan, including the determination that a proposed project exceeds the flexibility rules and intent of the 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.

6.2 REQUIRED FINDINGS
Findings shall be made in accordance with this section of the Specific Plan:

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 that the following findings can be made:

1. The Project is consistent with the Shafter General Plan and the Mission Lakes Specific Plan;

2. The project’s uses and design are compatible with projects adjacent to the Specific Plan;

3. The project contributes to the design qualities expected of this Specific Plan area;

4. The project can provide the appropriate infrastructure and resources for water, sewer and electrical service; and

5. The project has demonstrated compliance with the Mitigation Measures identified within the General Plan Update Environmental Impact Report.

MARCH 2005 6.0 SPECIFIC PLAN ADMINISTRATION
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Failure to make all the required findings shall require denial of the application.

6.3 IMPLEMENTATION
The Mission Lakes Specific Plan will be implemented through the processing of tract maps, parcel maps, and site plans. The implementation process, as described below, provides the mechanism for reviewing precise development plans and ensuring development consistency with the Specific Plan objectives. An implementation process for the amendment of this Specific Plan and for findings of Substantial Conformance to this Specific Plan is also provided below. All development within the Mission Lakes community is subject to the implementation procedures described herein.

6.3.1 DEVELOPMENT PLAN REVIEW
A. 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 or commercial building permit within the Specific Plan area.

B. 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.

C. PRE-APPLICATION CONFERENCE
Prior to the filing of an application for Development Plan Review, the applicant or the applicant’s representative may hold 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.

D. APPLICATION
An application for Development Plan Review shall be filed with the Planning Department in compliance with Chapter 2 of the Development Code. Submittals will include, but are not limited to, site plans and elevations. Further, any improvements that are depicted on any colored

MARCH 2005 6.0 SPECIFIC PLAN ADMINISTRATION
6-6
rendering, elevation, or drawing which is presented to the Planning Commission in conjunction with a development application, shall be installed pursuant to their appearance in that colored rendering, elevation, or drawing.

E. NOTICE
Notice of hearings for design review shall be as set forth in the City of Shafter Development Code.

6.3.2 DESIGN REVIEW
No building permit for residential or commercial 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.

6.3.3 SPECIFIC PLAN AMENDMENTS
Approval of this Specific Plan indicates acceptance by the City Council of a general framework for community development. Part of that framework establishes specific development standards that constitute the zoning regulations for the Mission Lakes Specific Plan. 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 Mission Lakes Specific Plan.

Amendments may be requested at any time pursuant to Section 65453(a) of the Government Code.

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 herein, 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 California Environmental Quality Act (CEQA) Guidelines, Section 15162.

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6.3.4 IMPLEMENTATION ACTIONS
Implementation of the Mission Lakes Specific Plan will require property assembly and complete redevelopment of existing land uses. Because of the complexity of the land use mix, it is likely that development will occur in phases. To accommodate these factors, the following actions must be taken to facilitate implementation.

1. Annex the subject property into the City of Shafter City limits. The Specific Plan area is included as a part of a much larger area currently being annexed by the City.

2. Amend the Shafter General Plan to reference the Specific Plan Area as a Specific Plan Land Use Designation. This is a technical change and should be included with the General Plan update. It should be noted that any reclassification of the General Plan Land Use designation is a separate General Plan action and would be part of a separate planning process.

3. Amend the City of Shafter Development Code to include the Mission Lakes Specific Plan as a Zone District. Any Zoning District classifications for this site would no longer be needed and would be superseded by this Specific Plan.

4. Adopt this Specific Plan in its entirety by Ordinance and incorporate the Specific Plan in the appropriate sections of the City of Shafter Development Code.

5. Encourage and collaborate with private property interests to assemble the existing land parcels so that the concepts in the Plan can be implemented.

6. Condition projects within the Mission Lakes Specific Plan to comply with the mitigation measures specified in the General Plan Update Environmental Impact Report.

6.4 PHASING PLAN
Construction of the Mission Lakes 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. Adjustments to the phasing sequence are permitted provided that utilities and public facilities are available to service the phase in question.

6.4.1 AMENITIES TIMING
Although the project will be phased over a period of time, certain amenities, such as local parks, must be constructed prior to the issuance of a percentage building permits for a proposed project.

Completion of these amenities on a parallel track with proposed residential development helps to ensure that the quality of life of the residents is in place on a timely schedule. As such neighborhood pocket parks must be completed before the issuance of 60% of the certificates of

MARCH 2005 6.0 SPECIFIC PLAN ADMINISTRATION
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occupancy in the planning area in which they are located. Construction of the public park in PA-11 shall begin before the issuance of certificates of occupancy for 2,500 dwelling units and be completed before 3,000 certificates of occupancy have been issued. The private recreation facilities of PA-10 must be completed prior to issuance of the certificates of occupancy for 1,500 dwelling units.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: July 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Community Services Director
SUBJECT: APPROVAL OF ANNUAL RECURRING SERVICES FEE FOR
CIVICREC IN THE AMOUNT OF $11,269.80

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve the annual recurring services fee of $11,269.80 for CivicRec, including the addition of the Document Management feature.

BACKGROUND
CivicRec is a software license used by the Community Services and Public Works departments to manage event vendor applications, insurance documents, and park reservations. This software has enhanced customer experience by streamlining processes, making them more repeatable and scalable. Document Management, a newly added feature, automates much of the insurance approval process, further improving efficiency.

ANALYSIS
The renewal of CivicRec includes an increase of $3,990 in the annual fee from last year. This is partly due to price increases, but largely due to the addition of the Document Management feature. The CivicRec system, including document management, has already demonstrated clear benefits in terms of simplicity, cost management, and capacity. For example, rather than waivers and proof of insurance forms being stored in email or only in printed paper files, they can all be collected in a single place accessible to staff across City departments. Despite the challenges of transitioning to a new system, the integration of CivicRec simplifies operations and promises to be cost-effective.

FISCAL IMPACT
The annual recurring services fee of $11,269.80 will be covered by the current budget allocated for software services. No additional budget action is required.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of the annual renewal of a recurring service fee and therefore, it is the creation of a governmental funding mechanism or other fiscal activity

APPROVAL OF ANNUAL RECURRING SERVICES FEE FOR CIVICREC IN THE AMOUNT OF $11,269.80
- 2 -
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

ALTERNATIVES
Other companies offer similar services, but CivicRec is part of a suite of products that includes our website and agenda management systems, making integration simpler and more cost-effective. Choosing a different service would likely lead to increased complexity and higher costs.

NEXT STEPS
Upon approval of the renewal, staff will continue to use CivicRec and work on incremental improvements to optimize its functionality.

ATTACHMENTS

1. Shafter CA - CivicRec 2024 renewal quote

CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #: Q-72435-1
Date: 4/16/2024 8:01 AM
Customer: SHAFTER, CALIFORNIA
QTY Product Name DESCRIPTION

1.00 Document Management Renewal Document Management Module: Enabled to allow customers to upload documents and staff to manage records.

1.00 CivicRec Pay Annual Fee Renewal -
Forte
CivicRec Pay Annual maintenance and support fee

1.00 CivicRec Annual Renewal CivicRec Annual Fee
Annual Recurring Services - Initial Term USD 11,269.80
Annual Recurring Services - (Subject to Uplift) USD 11,269.80

1. This renewal Statement of Work ("SOW") is between City of Shafter (“Customer”) and CivicPlus, LLC and shall be subject to the terms and conditions of the Master Services Agreement (“MSA”) and the applicable Solutions and Products terms found at:
www.civicplus.help/hc/p/legal-stuff (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”).

2. This SOW shall remain in effect for an initial term starting at the Customer’s next renewal date of 8/23/2024 and running for twelve months (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”.

3. Unless terminated, Customer shall be invoiced for the Annual Recurring Services on each Renewal Date of each calendar year subject to an annual increase of 5% each Renewal Term.

V. PD 06.01.2015-0048

Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW. For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/.

IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below.

Client CivicPlus
By:
___________________________________
By:

Name:
___________________________________
Name:

Amy Vikander
Title:
___________________________________
Title:

Senior Vice President of Customer Success
Date:
___________________________________
Date:
___________________________________
V. PD 06.01.2015-0048

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: July 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: RENEWAL OF AGREEMENT WITH WELL REHABILITATION

SERVICES FOR TEMPORARY USE OF FORMER MODIFIED

COMMUNITY CORRECTIONAL FACILITY (MCCF) PATROL
AREAS

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; approve a new license agreement with Well Rehabilitation Services Inc. for temporary use of a City water tank site located at 401 Commerce Way (County of Kern Assessor Parcel No. 089-230-63) subject to review and approval by the City Attorney; and authorize the City Manager to execute said license agreement on behalf of the City.

BACKGROUND
In 2022, the Council authorized entering into a temporary license agreement with Well Rehabilitation Services that grants them the use of surplus property between a City water tank site and the former Modified Community Correctional Facility (MCCF). The specific space had been used for perimeter patrols of the MCCF. The Well Rehabilitation Services site is immediately west of the tank site and their use of the surplus City property consists primarily of pipe storage and staging. The agreement was executed but expired after June 30, 2023.

ANALYSIS
The agreement was intended to be temporary to allow the City to resume using the space if needed to repurpose the MCCF or expand the water tank site. At this time, neither of the potential uses is a priority. Secondly, Well Rehabilitation Services has been very responsive in terms of using and maintaining the space. Therefore, extending the agreement or awarding an agreement with more flexible terms would not pose any immediate issues for the City. It would also support a local business with its operations.

FISCAL IMPACT
The costs to prepare the proposed license agreement can be covered with existing project or operations accounts. Maintenance and upkeep of the City-owned site will be

RENEWAL OF AGREEMENT WITH WELL REHABILITATION SERVICES FOR TEMPORARY USE

OF FORMER MODIFIED COMMUNITY CORRECTIONAL FACILITY (MCCF) PATROL AREAS - 2 -
the responsibility of Well Rehabilitation Services. Therefore, no budget action is required.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of an agreement renewal for a project that has already been environmentally cleared and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The Council can reject the recommended action, particularly if it desires to preserve the former MCCF patrol areas for other uses. However, there are no immediate or potential plans for alternative site use. A short-term license agreement assists a local business with its operation and alleviates maintenance work for City crews while preserving ownership for possible City use. Therefore, alternative action is not recommended.

NEXT STEPS
Staff will prepare and execute a new license agreement.

ATTACHMENTS

1. Original Temporary Use Agreement with Well Rehabilitation Services

17236. 00000\ 35035661. 1

LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into on , 2022 Effective Date") by and between the City of Shafter, a public body, corporate and politic Shafter"), and Well Rehabilitation Services, Inc., a California Corporations (“ Licensee") with its principal place of business located at 230 S. Beech Avenue, Shafter, CA 93263. Shafter and Licensee are sometimes referred to herein individually as "Party" and collectively as "Parties." Recitals
A. Shafter owns that certain real property generally located at 401 Commerce Way, Shafter, California, as further described by the Kern County Assessor as Parcel Numbers 089- 230- 63 and shown in Exhibit “ A” (the " Property"); and B. Licensee desires to obtain a temporary license for the limited purposes of entering and using the Property for the staging and storage of pipe and other materials for well rehabilitation projects; and
NOW, THEREFORE, in consideration for the promises set forth in this Agreement, the Parties agree as follows:

Terms

1. Recitals. The Recitals are incorporated into and are made a part of this Agreement.

2. License. Shafter hereby grants to Licensee, and Licensee’ s employees, agent, representatives, and contractors a revocable, exclusive, nontransferable License to access the Property for the limited purpose of allowing Licensee to Licensee desires to obtain a temporary license for the limited purposes of entering and using the Property for the staging and storage of pipe and other materials for well rehabilitation projects (the "License"). Licensee shall not use the Property for any other purposes whatsoever, except as authorized by subsequent written agreement signed by Shafter. The Parties hereby acknowledge and agree that use of the Property by Licensee, as set forth in this Agreement, is with the consent of Shafter and shall be considered permissive. Nothing in this Agreement shall be interpreted as, or otherwise deemed to be, a transfer or conveyance of any interest in the Property whatsoever between Shafter and Licensee.

The Parties hereby acknowledge and agree that nothing in the Agreement shall be interpreted as an agreement for the lease or other use of the Property by Licensee.

3. Term. The term of this License shall commence on the Effective Date and shall, unless otherwise modified, continue until the earlier of June 30, 2023 or the date on which Shafter revokes and terminates this Agreement upon 30-day advanced written notice to Licensee with or without cause.

4. Removal of Property upon Termination. Licensee agrees to remove all of Licensee' s equipment and property and any and all debris from the Property within twenty -four 24) hours of termination of this Agreement. In the event any equipment or property are not DocuSign Envelope ID: FD4D83E9- C5A3- 470B-8B29-BDEFC0EFE30E 10/ 11/ 2022

17236. 00000\ 35035661. 1
timely removed, Shafter will have the right to remove such equipment or property and Licensee agrees to be responsible for all associated costs of such removal and storage, if any.

5. Compliance with Law.

5.1 Federal, State, and Local Laws. Licensee shall conduct its activities related to the License in compliance with all Federal, State and local laws.

5.2 Prevailing Wages.
a) LICENSEE ACKNOWLEDGES THAT SHAFTER HAS MADE NO

REPRESENTATION, EXPRESS OR IMPLIED, TO LICENSEE OR ANY PERSON

ASSOCIATED WITH LICENSEE REGARDING WHETHER OR NOT LABORERS

EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE PREYAILING PER

DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ.

LICENSEE AGREES WITH SHAFTER THAT LICENSEE SHALL ASSUME THE

RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR DETERMINING WHETHER

OR NOT LABORERS EMPLOYED RELATIVE TO THE LICENSE MUST BE PAID THE

PREYAILING PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS

DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ.
b) LICENSEE, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND

ASSIGNS, WAIVES AND RELEASES SHAFTER FROM ANY RIGHT OF ACTION THAT

MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. LICENSEE ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 RELATIVE TO THE WA IVER AND RELEASE CONTAINED IN THIS SECTION

5.2, WHICH READS AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS THAT THE CREDITOR OR RELEASING

PARTY DOES NOT KNOW OR SUSPECT TO EXIST

IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN

BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY. .

BY INITIALING BELOW, LICENSEE KNOWINGLY AND
VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 5.2:

Licensee' s Initials
c) ADDITIONALLY, LICENSEE SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS SHAFTER, PURSUANT TO SECTION 9, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM THIS AGREEMENT OR THE LICENSE.

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17236. 00000\ 35035661. 1

6. Hazardous Materials. Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials and shall be solely responsible for the removal of any Hazardous Material, including asbestos, pursuant to this Agreement, stored or brought onto the Property by Licensee. As used in this Agreement, the term "Hazardous Material" means any substance, material or waste which is (1) defined as a " hazardous waste," " hazardous material," hazardous substance," " extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; ( 2) petroleum or petroleum products; ( 3) asbestos; 4) polychlorinated biphenyls; ( 5) radioactive materials; ( 6) designated as a " hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. ( 33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act, (33 U.S.C. §1317); 7) defined as a " hazardous substance: pursuant to the Resource Conversation and Recover Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or its implementing regulations; (8) defined as a " hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. §9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety, or property.

7. Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect, throughout the term of this Agreement, insurance in amounts and coverages shown below, including, without limitation, a provision that Shafter, and its officers, directors, and employees, be included as additional insureds. Failure by Licensee to maintain all insurance in effect at all times shall constitute a default under this Agreement.

1. Worker' s Compensation - Statutory; Employers’ liability - $ 100, 000 each occurrence;

2. Comprehensive General liability ( including Contractual Liability) - 2,000,000 each occurrence combined single limit; and

3. Comprehensive Automobile liability - $ 2,000,000 each occurrence combined single limit.

8. Sole Cost and Expense. Licensee expressly acknowledges that it is entering into this Agreement and performing the work authorized hereunder at its own risk. Licensee acknowledges that any work Licensee chooses to perform in connection with this Agreement shall be at its sole cost and expense. Licensee further acknowledges that any activity or work or act by Licensee, made in connection with this Agreement will not impose any obligation upon Shafter to compensate Licensee, to convey any sort of property interest to Licensee, or enter into or retain any agreement with Licensee.

9. Payment of Costs. Licensee shall be solely responsible for all costs and expenses of all activities contemplated by this Agreement. Licensee shall assure that its activities do not result in the filing or attempted enforcement of any claims or liens against the Property, and Licensee shall indemnify, defend, and hold Shafter, its officials, officers, employees, agents, and volunteers free and harmless from any claims based upon any work performed pursuant to this License.

10. No Third Party Rights. This Agreement is entered into between and solely for the benefit of Shafter and Licensee. No other person shall have any right to enforce the terms of this Agreement.

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17236. 00000\ 35035661. 1

11. Notices. Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below:

Shafter: City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attention: City Manager
With a copy to: Best Best & Krieger, LLP
18101 Von Karman Ave, Suite 1000
Irvine, CA 92612
Attention: Marco Martinez, Esq.

Licensee: Well Rehabilitation Services Inc
PO Box 80365
Bakersfield, CA 93380-0365
Attention: Shelley Shearer
Any Party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

12. Assignment. This License is personal to Licensee and may not be assigned without the prior written consent of the Shafter, which may grant or withhold consent in its sole discretion.

13. Attorneys' Fees. If a Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs.

14. Governing Law. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California.

15. Entire Agreement: Severability. This Agreement contains the sole and complete agreement between the parties relating to the License. This Agreement may not be changed orally and may be amended only by an agreement in writing signed by both parties. In the event that any provision of this Agreement shall be held to be or become invalid or unenforceable in certain circumstances, the validity and enforceability of the remaining provisions, or such provision in other circumstances, shall not in any way be affected or impaired.

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17236. 00000\ 35035661. 1
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above.

LICENSEE: SHAFTER:

Well Rehabilitation Services Inc CITY OF SHAFTER, a public body, corporate and politic
By: By:

Title:

City Manager
Attest:

City Clerk
Approved as to form:

By:

Best Best & Krieger LLP City Attorney
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17236. 00000\ 35035661. 1
EXHIBIT “ A”

PROPERTY ASSESSOR PARCEL MAP
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CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: July 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: RECEIVE AND FILE 10-DAY MORATORIUM REPORT ON

ACTIONS TAKEN BY THE CITY SINCE ADOPTION OF
URGENCY ORDINANCE NO. 756 ESTABLISHING A 45-DAY

MORATORIUM ON THE ESTABLISHMENT OF SMOKE SHOPS,

HOOKAH LOUNGES, AND TOBACCO STORES WITHIN THE
CITY

RECOMMENDATION
Council receive and file 10-Day Moratorium Report on actions taken by the City since the adoption of Urgency Ordinance 756 establishing a 45-day moratorium on the establishment of smoke shops, hookah lounges, and tobacco stores within the City.

This item is for informational purposes only.

BACKGROUND
On June 18, 2024, the City Council approved Urgency Ordinance No. 756, an ordinance of the City Council of the City of Shafter that establishes a 45-day moratorium temporarily prohibiting the establishment of smoke shop businesses, hookah lounges, and tobacco stores within the City of Shafter.

ANALYSIS
California Government Code Section 65858(d) requires the City to issue a written report to the public no less than 10 days prior to the scheduled expiration of Urgency Ordinance No. 756 describing the measures taken to alleviate the conditions that led to the adoption of the temporary moratorium prohibiting the establishment of smoke shop businesses, hookah lounges, and tobacco stores. Exhibit 1 is the written report, and it was issued no less than 10 days prior to the scheduled expiration of Urgency Ordinance No. 756 as required by law.

FISCAL IMPACT
There is no fiscal impact because of this agenda item.

CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.

Therefore, it does not trigger CEQA review.

APPROVED BY THE CITY ATTORNEY

RECEIVE AND FILE 10-DAY MORATORIUM REPORT ON ACTIONS TAKEN BY THE CITY SINCE ADOPTION OF URGENCY ORDINANCE NO. 756 ESTABLISHING A 45-DAY MORATORIUM ON

THE ESTABLISHMENT OF SMOKE SHOPS, HOOKAH LOUNGES, AND TOBACCO STORES

WITHIN THE CITY
- 2 -
Yes

ALTERNATIVES
This report is for informational purposes only. Therefore, there are no alternatives.

NEXT STEPS
Staff will bring to the City Council an extension of Urgency Ordinance No. 756 for consideration prior to its expiration date.

ATTACHMENTS

1. Exhibit 1 - 10-Day Moratorium Report

Moratorium Report
To: Honorable Mayor & Members of the Shafter City Council From: Steve Esselman, Planning Director
Subject: Ten (10) Day Report on Actions Taken by the City of Shafter Since the Adoption of Urgency Ordinance No. 756 Establishing a 45-Day Moratorium on the Establishment of Smoke Shops, Hookah Lounges, and Tobacco Stores Pursuant to California Government Code, Section 65858
Date: July 16, 2024

INTRODUCTION
On June 18, 2024, the City Council of the City of Shafter unanimously approved Urgency Ordinance No. 756, which placed a 45-day moratorium on the establishment of smoke shops, hookah lounges, and tobacco stores in the City of Shafter to allow time for staff to study and possibly adopt regulatory and zoning standards.

Section 6 of the Urgency Ordinance requires that no less than 10 days prior to the scheduled expiration of this Urgency Ordinance, staff shall issue a report to the City Council on the progress of its study and on determinations for how the City should proceed, insofar as conclusions have been drawn. This Report has been submitted to the City Council no less than 10 days prior to the scheduled expiration date of August 2, 2024, for the Urgency Ordinance.

This report is intended to update the Council on actions taken in response to the Council’s adoption of a 45 day moratorium on June 18, 2024 and comply with the requirements of California Government Code, Section 65858(d) requiring the City to issue a written report to the public describing the measures taken to alleviate the conditions that led to the adoption of the Moratorium.

ANALYSIS
Since the adoption of the Moratorium, the Shafter Planning Division has conducted a survey of the regulations imposed by surrounding communities and the Kern County. The following table provides information on how and whether other cities entitle smoke shops, hookah lounges, and tobacco stores within their city limits:

City Use Allowed? Process Notes
Shafter Yes – nothing specific
in zoning ordinance
Tobacco retailer’s
permit (adopted Kern
County’s ordinance)
Permit can be
revoked after fourth
violation in 5-year
period

City Use Allowed? Process Notes
Arvin Yes – nothing specific
in zoning ordinance
Tobacco retailer’s
permit (adopted Kern
County’s ordinance)
Permit can be
revoked after fourth
violation in 5-year
period
Bakersfield Yes – allowed in
commercial and
manufacturing zones
Tobacco retailer’s
permit (adopted Kern
County’s ordinance)
Permit can be
revoked after fourth
violation in 5-year
period
Delano Yes – nothing specific
in zoning ordinance
Tobacco retailer’s
permit (adopted Kern
County’s ordinance)
Permit can be
revoked after fourth
violation in 5-year
period
McFarland Yes – allowed under
specific use
development
standards restricted to
commercial and
manufacturing zones
(i.e., at least 1,000
feet from another
shop and at least 500
feet from churches,
childcare facilities,
playgrounds, and
schools)
Tobacco retailer’s
permit (adopted Kern
County’s ordinance)
Permit can be
revoked after fourth
violation in 5-year
period
Tehachapi Yes – limited to the
Tehachapi Boulevard
West zone only
Tobacco retailer’s
permit (adopted Kern
County’s ordinance)
Permit can be
revoked after fourth
violation in 5-year
period
Wasco Yes – limited to one
shop per 30,000
people; nothing
specific in the zoning
ordinance
Tobacco retailer’s
permit (like Kern
County’s ordinance)
Permit can be
revoked after fourth
violation in 5-year
period
Our own internal survey of regulations revealed that the City of Shafter already has incorporated by reference Kern County’s process and rules for obtaining and keeping a tobacco retailer’s permit, which requires obtaining a permit through Kern County Public Health Services and, after five violations within a 5-year period, the permit can be suspended for 180 days and/or revoked (see attached). All the other cities analyzed in this report also incorporate by reference Kern County’s rules in dealing with tobacco retailers. Kern County’s rules regarding tobacco retailer’s permits are also attached to this Report.

The next stage of our analysis will study differences in the way other communities entitle smoke shops, hookah lounges, and tobacco stores to determine the appropriate regulations that would fit

the City of Shafter. In addition, we will be conducting research on the interplay between local regulations and recent state-wide regulation relating to the prohibitions on the sale of flavored tobacco and e-cigarettes.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Receive, file and make available to the public the “10-Day Report” on Actions Taken by the City of Shafter Since the Adoption of Urgency Ordinance No. 756 Establishing a 45-Day Moratorium on the Establishment of Smoke Shops, Hookah Lounges, and Tobacco Stores Pursuant to California Government Code, Section 65858.

Attachments: Shafter Municipal Code – Tobacco Retailer’s Permit Kern County Municipal Code – Tobacco Retailer’s Permit

Title 8 - HEALTH AND SAFETY
CHAPTER 8.50 TOBACCO RETAILER'S PERMIT
Shafter, California, Code of Ordinances Created: 2023-08-17 12:35:58 [EST] (Supp. No. 22)

CHAPTER 8.50 TOBACCO RETAILER'S PERMIT

8.50.010. General purpose.

The purpose of this chapter is to prohibit any person from acting as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's permit and to set forth the terms and conditions of obtaining the permit. (Ord. No. 690, § 1, 11-15-2016)

8.50.020. Incorporation by reference.

Pursuant to Government Code Sections 50022.1 et seq., Ordinance Nos. G-7724, G-8006, G-8495, and G8586 of the Board of Supervisors of the County of Kern, State of California which amended Chapter 8.60 of Title 8 of the Kern County Ordinance Code regarding tobacco retailer's permit and each and every term, provision, rule, and regulation therein is hereby incorporated by this reference as if fully set forth herein verbatim. (Ord. No. 690, § 1, 11-15-2016)

8.50.030. Enforcement and Penalties.

Pursuant to Government Code Sections 50022.1 et seq., the penalty provisions of Chapter 8.60 of Title 8 of the Kern County Ordinance Code regarding permitting for tobacco retailers is set in forth in full below. For the purposes of this Chapter 8.50, "Board of Supervisors" shall mean the Board of Supervisors for Kern County; "Director" shall refer to the Kern County Director of Public Health Services; and "Department" shall refer to the Kern County Public Health Services Department.

8.60.100. Administrative penalties.

A. Upon a determination by the Department that a person has engaged in any conduct that violates the provisions of this chapter, the Director may suspend a tobacco retailer's permit, impose administrative penalties, or both suspend the permit and impose administrative penalties.

B. The department shall notify the tobacco retail facility owner that there has been an initial determination of violation under the provisions of this chapter. The initial determination notice will specify the violation and the sanction imposed, including the effective date of the suspension, if applicable. The notice shall further state that the tobacco retail facility owner may, within fifteen (15) days, submit to the Department any written or documentary evidence to contest the initial determination of violation.

C. After receiving such evidence, if applicable and provided, the Director shall prepare a final written decision and shall serve this decision upon the tobacco retailer. Upon written request, the offender shall have the right to receive copies of any records or files upon which the administrative decision is based. This final determination shall be served through certified mail within sixty (60) days of the final determination.

D. When this chapter permits the Director to suspend a permit, the following sanction may be imposed:

1. For the first violation in any five-year period, the tobacco retailer shall receive a notice of violation from the Department.

Created: 2023-08-17 12:35:58 [EST]
(Supp. No. 22)

2. For the second violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to thirty (30) days.

3. For a third violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to ninety (90) days.

4. For a fourth or subsequent violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to one hundred eighty (180) days and/or revoked.

E. When this chapter allows the Director to impose an administrative penalty, the following penalty may be imposed:

1. For the first violation, a penalty in the amount of two hundred fifty dollars ($250.00);

2. For the second violation within five (5) years from the date of the first violation, a penalty in the amount of five hundred dollars ($500.00);

3. For the third and each subsequent violation within five (5) years from the date of the first violation, a penalty in the amount of one thousand dollars ($1,000.00).

F. Upon determination by the Department that a tobacco retailer has violated any provision of this chapter and that the tobacco retailer did not violate any provision of this chapter in the five (5) years immediately preceding the violation, the Director may suspend the imposition of any sanction under subsection (D) or penalty under subsection (E) for a period of six (6) months.

1. Within fifteen (15) days of the Director's decision to suspend the imposition of any sanction or penalty pursuant to this subsection, the tobacco retailer shall pay a fee of five hundred dollars ($500.00) for the cost of inspections during the six-month period. Failure to pay this fee shall immediately restore the imposition of any sanction under subsection (D) or penalty under subsection (E).

2. During the six-month period, the Department shall inspect the tobacco retail facility for compliance as deemed necessary by the Department.

3. A determination by the Department that the tobacco retailer has engaged in any conduct that violates the provisions of this chapter during the six-month period shall restore the imposition of any sanction under subsection (D) or penalty under subsection (E) immediately and without further right to appeal.

4. If and only if the tobacco retailer completes the six-month period without violating the provisions of this chapter as determined by the Department, the sanction under subsection (D) or penalty under subsection (E) previously imposed shall be permanently stayed.

8.60.110. Right to administrative review and procedures.

A. The tobacco retailer shall have the right to appeal the decision of the Department to the Board of Supervisors. To obtain a review of the final determination, the tobacco retailer must file with the clerk of the Board of Supervisors within fifteen (15) days of the date of the final determination, a written request for a hearing. The timely filing of a request for hearing shall hold in abeyance any license suspension until the administrative review is heard and decided.

B. If a review is requested, the clerk of the Board of Supervisors shall provide written notice, within thirty (30) days of its receipt of the request, to the tobacco retailer of the date, time and place of the hearing on the appeal.

C. At the time fixed in the notice, the Board of Supervisors shall proceed to hear testimony from any interested person regarding the specified violation deemed by the Department to be the basis for the proposed administrative penalty, and any other matter which the Board of Supervisors may deem pertinent thereto.

Created: 2023-08-17 12:35:58 [EST]
(Supp. No. 22)

D. Upon the conclusion of the hearing the Board of Supervisors will make a determination based on the evidence presented at the hearing, and may impose a suspension penalty without regard to the limits in Section 8.60.100.

E. The decision of the Board of Supervisors shall be final. (Ord. No. 690, § 1, 11-15-2016)

Title 8 - HEALTH AND SAFETY
Chapter 8.60 TOBACCO RETAILER'S PERMIT
Kern County, California, Code of Ordinances Created: 2024-05-30 08:53:23 [EST] (Supp. No. 56, Update 2)

Chapter 8.60 TOBACCO RETAILER'S PERMIT

8.60.010 Definitions.

As used in this chapter:

A. "Department" means the Kern County public health services department.

B. "Director" means the director of the department or his or her designee.

C. "Person" means any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity.

D. "Tobacco product" means any product that contains tobacco, is derived from tobacco, or contains synthetically produced nicotine and is intended for human consumption. "Tobacco product" includes electronic smoking devices(s) and electronic smoking device paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

E. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the California Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or ingestion of tobacco products.

F. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, smoking paraphernalia, electronic smoking devices, or electronic smoking device paraphernalia. This definition applies regardless of the quantity of tobacco, tobacco products, smoking paraphernalia, electronic smoking devices, or electronic smoking device paraphernalia sold, offered for sale, exchange, or offered for exchange. "Tobacco retailing" means engaging in any of these things.

G. "Newly established business" means a business which was not engaged in tobacco retailing within the county of Kern during the immediately preceding permit renewal period.

H. "Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter, is not an arm's length transaction.

I. "Smoking paraphernalia" means tobacco paraphernalia, electronic smoking devices, and electronic smoking device paraphernalia.

J. "Electronic smoking device" means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substance. "Electronic smoking devices" include any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

Created: 2024-05-30 08:53:23 [EST]
(Supp. No. 56, Update 2)

K. "Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.

L. "Tobacco retail facility low risk" means a tobacco retail facility that has not been determined by the department to have violated the provisions of Section 8.06.090 in the previous five (5) years.

M. "Tobacco retail facility moderate risk" means a tobacco retail facility that has been determined by the department to have violated the provisions of Section 8.06.090 one (1) time in the previous five (5) years.

N. "Tobacco retail facility high risk" means a tobacco retail facility that has been determined by the department to have violated the provisions of Section 8.06.090 two (2) or more times in the previous five (5) years.
(Ord. G-7724 § 2, 2008; Ord. G-7455 § 2 (part), 2006)
(Ord. No. G-8006, § 34, 1-26-10; Ord. No. G-8495, §§ 2—4, 7-15-14; Ord. No. G-8586, §§ 2, 3, 8-11-15; Ord. No. G8763, §§ 2, 3, 4-17-18)

8.60.020 Requirements for tobacco retailer's permit.

A. It shall be a misdemeanor for any person, within the county, to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's permit, pursuant to this chapter, for each location at which that activity is to occur. No permit will be issued to authorize tobacco retailing at any place other than a fixed location; peripatetic tobacco retailing and tobacco retailing from vehicles are prohibited.

B. Each day that a person offers tobacco products for sale or exchange without a valid permit shall constitute a separate violation.

C. A tobacco retailer without a valid tobacco retailer's permit, including a person whose permit has been suspended or revoked:

1. Shall not keep any tobacco products at the regulated facility. The public display of tobacco products in violation of this provision shall constitute tobacco retailing without a license under this section.

2. Shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

D. This section shall become operative July 1, 2007.
(Ord. G-7724 § 3, 2008; Ord. G-7455 § 2 (part), 2006)

8.60.030 Application procedure.

Application for a tobacco retailer's permit shall be submitted to the department in the name of the person proposing to conduct retail tobacco sales and shall be signed by each person or an authorized agent thereof. Each person shall be responsible for reviewing the conditions of conducting retail tobacco sales within the county and shall agree to abide by these conditions by signing the application under penalty of perjury. All applications shall be submitted on a form supplied by the department and shall contain the following information:

A. The name, mailing address and telephone number of the applicant;

Created: 2024-05-30 08:53:23 [EST]
(Supp. No. 56, Update 2)

B. The business name, address and telephone number of each location for which a tobacco retailer's permit is sought.

C. A single name and mailing address to receive all communications and notices required by or authorized by this chapter. If such address is not provided, each permitee shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 of this section.

D. Proof that the location for which a tobacco retailer's permit is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.

E. Such other information as the department deems necessary for the administration or enforcement of this chapter.

F. Verification that the permitee has undertaken a training program in the laws relating to the sale of tobacco products in California as provided by or approved by the County's Public Health Services Department.

An application for a tobacco retailer's permit must be obtained by a newly established business on or before the last day of the month following the month in which the business started. All information submitted as part of the application process shall be updated with the department whenever the information changes. A tobacco retailer shall provide the department with any updates within ten (10) business days of a change. (Ord. G-7724 § 4, 2008;Ord. G-7455 § 2 (part), 2006)

8.60.040 Issuance of permit.

A. The permit shall state on its face:

1. Legal owner,

2. Any fictitious business name used by the owner,

3. Business address,

4. Date permit issued,

5. Permit number.

B. Upon the receipt of an application for a tobacco retailer's permit, the department shall issue the permit, subject to Section 8.04.050 of this chapter and verification by the department that there is no substantial record of evidence that demonstrates one of the following bases for denial:

1. The information presented in the application is incomplete, inaccurate or false; or

2. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect; or

3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code or any other applicable law.

4. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of a permit. However, this subsection shall not constitute a basis for denial of an application if the applicant provides the department with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction.
(Ord. G-7455 § 2 (part), 2006)

Created: 2024-05-30 08:53:23 [EST]
(Supp. No. 56, Update 2)

8.60.050 Display of permit.

Each permittee shall prominently display the permit at each location where tobacco retailing occurs. The permit shall be posted at or near each entrance to the retail facility used by its patrons or in a conspicuous place approved by the director. The permit shall not be defaced, marred, camouflaged, hidden, or removed. (Ord. G-7455 § 2 (part), 2006)
(Ord. No. G-8586, § 4, 8-11-15)

8.60.060 Fees for permit.

The environmental health permit fee for each establishment, business or activity shall be established by uncodified ordinance.
(Ord. G-7455 § 2 (part), 2006)
(Ord. No. G-8586, § 4, 8-11-15)

8.60.070 Renewal of permit—Delinquency.

Renewal of the tobacco retailer's permit shall be subject to the provisions of Sections 8.04.060 and 8.04.190 of this Code.
(Ord. G-7455 § 2 (part), 2006)

8.60.080 Permits not transferable.

A tobacco retailer's permit is non-transferable. If a new person acquired a business engaged in tobacco retailing, that person must apply for a new permit on or before the last day of the month following the month in which the tobacco retailing business is acquired. The transferee of the permit must apply for a permit in the transferee's name before acting as a tobacco retailer.

Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new owner or fully transferred to entirely new owners; and (2) The new owner(s) provide the county with clear and convincing evidence that the new owner(s) have acquired or are acquiring the location in an arm's length transaction. (Ord. G-7455 § 2 (part), 2006)

8.60.090 Administrative violations.

A. The violations set forth in this section are cumulative to, and in addition to, any other violations of state or local law and shall be punished as specified in Section 8.60.100.

B. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a permit is issued, it shall be a violation of this chapter for a permittee, or any of the permittee's agents or employees, to:

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(Supp. No. 56, Update 2)

1. Violate any local, state, or federal law applicable to tobacco products or tobacco retailing;

2. Sell or transfer a tobacco product to another person who is under the age of twenty-one (21) years;

3. Sell or transfer a tobacco product to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm the recipient is at least the minimum age under state law to purchase and possess the tobacco product.

4. Sell or permit the sale of controlled substances, dangerous drugs, or synthetic drugs. Successive sales over any continuous period of time shall be deemed evidence of permission. As used in this section, "controlled substances" includes any substance defined as a "controlled substance" either by Article 1 (commencing with Section 11000) of Chapter 1 of Division 10 of the California Health and Safety Code or by the federal Controlled Substances Act (21 U.S.C.A. section 801 et seq.). "Dangerous drugs" has the same meaning as is given to that term in Article 2 (commencing with Section 4015) of Chapter 9 of Division 2 of the California Business and Professions Code. "Synthetic drugs" includes any substance defined as a "synthetic drug" by Chapter 9.44 of this code or regulated by one (1) of the California Uniform Controlled Substances Act's synthetic drug laws (California Health and Safety Code Sections 11357.5, 11375.5, 11401).

C. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing.
(Ord. G-7724 § 4, 2008: Ord. G-7455 § 2 (part), 2006)
(Ord. No. G-8603, § 2, 11-3-15; Ord. No. G-8645, § 2, 6-14-16)

8.60.100 Administrative penalties.

A. Upon a determination by the department that a person has engaged in any conduct that violates the provisions of this chapter, the director may suspend a tobacco retailer's permit, impose administrative penalties, or both suspend the permit and impose administrative penalties.

B. The department shall notify the tobacco retail facility owner that there has been an initial determination of violation under the provisions of this chapter. The initial determination notice will specify the violation and the sanction imposed, including the effective date of the suspension, if applicable. The notice shall further state that the tobacco retail facility owner may, within fifteen (15) days, submit to the department any written or documentary evidence to contest the initial determination of violation.

C. An administrative review board shall hear the appeal of the initial determination of violation. The administrative review board shall consist of (1) the assistant director of public health or his or her designee, (2) the environmental health director or his or her designee, and (3) the chief environmental health specialist or his or her designee. Within fifteen (15) days from the tobacco retail facility owner's submission to the department of its evidence to contest the determination of violation, the administrative review board shall hear the appeal. The administrative review board shall decide the appeal by majority vote and shall report its decision and findings in support thereof to the director in writing.

D. After receiving the report of the administrative review board, the director shall prepare a final written decision, including the determination of violation and any sanctions or penalties under paragraphs (E) and (F) of this section, and shall serve this decision upon the tobacco retailer. Upon written request, the offender shall have the right to receive copies of any records or files upon which the administrative decision is based.

This final determination shall be served through certified mail within sixty (60) days of the final determination.

E. When this chapter permits the director to suspend a permit, the following sanction may be imposed:

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1. For the first violation in any five-year period, the tobacco retailer shall receive a notice of violation from the department.

2. For the second violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to thirty (30) days.

3. For a third violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to ninety (90) days.

4. For a fourth or subsequent violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to one hundred eighty (180) days and/or revoked.

F. When this chapter allows the director to impose an administrative penalty, the following penalty may be imposed:

1. For the first violation, a penalty in the amount of two hundred fifty dollars ($250.00);

2. For the second violation within five (5) years from the date of the first violation, a penalty in the amount of five hundred dollars ($500.00);

3. For the third and each subsequent violation within five (5) years from the date of the first violation, a penalty in the amount of one thousand dollars ($1,000.00).

G. Upon determination by the department that a tobacco retailer has violated any provision of this chapter and that the tobacco retailer did not violate any provision of this chapter in the five (5) years immediately preceding the violation, the director may suspend the imposition of any sanction under subsection (E) or penalty under subsection (F) for a period of six (6) months.

1. Within fifteen (15) days of the director's decision to suspend the imposition of any sanction or penalty pursuant to this subsection, the tobacco retailer shall pay a fee of five hundred dollars ($500.00) for the cost of inspections during the six-month period. Failure to pay this fee shall immediately restore the imposition of any sanction under subsection (E) or penalty under subsection (F).

2. During the six-month period, the department shall inspect the tobacco retail facility for compliance as deemed necessary by the department.

3. A determination by the department that the tobacco retailer has engaged in any conduct that violates the provisions of this chapter during the six-month period shall restore the imposition of any sanction under subsection (E) or penalty under subsection (F) immediately and without further right to appeal.

4. If and only if the tobacco retailer completes the six-month period without violating the provisions of this chapter as determined by the department, the sanction under subsection (E) or penalty under subsection (F) previously imposed shall be permanently stayed. (Ord. G-7724 § 5, 2008; Ord. G-7455 § 2 (part), 2006)
(Ord. No. G-8586, §§ 4, 5, 8-11-15; Ord. No. G-8763, § 4, 4-17-18)

8.60.110 Right to administrative review and procedures.

A. The tobacco retailer shall have the right to appeal the decision of the department to the board of supervisors. To obtain a review of the final determination, the tobacco retailer must file with the clerk of the board of supervisors within fifteen (15) days of the date of the final determination, a written request for a hearing. The timely filing of a request for hearing shall hold in abeyance any license suspension until the administrative review is heard and decided.