b, If drring grading or construction, any plugged, abandoned, or uffecorded oil or gas wells are uncovered or damaged, the DOGGR shall be contacted to inspect and approve any remediation required.
c. Building setbacks on lots with existing plugged wells shall satisfy the requirements of the DOGGR. If the recommended setbacks cannot be satisfied, the developer shall submit, concurrent with the submittal for a building permit for the impacted lot, written confirmation from the DOGGR that the setback provided is acceptable,
d,If any abandoned water wells are located within the development or discovered during excavation or grading, the Kem County Environmental Health Services Department must be contacted to obtain information for the proper permitting and destruction procedures.
21. During grading operations, all activity shall be restricted to periods of low wind to reduce dust emissions. Verification of compliance will be the responsibility of the City of Shafter Building Inspection Division.
22. The developer of Revised Tentative Truct7244 shall comply with all San Joaquin Valley Air Pollution Conffol District ( SJVAPCD) requirements while grading and developing the site. It is the developer' s responsibility to contact the SJVAPCD to determine the applicable District requirements and rules.
23 Dtinr fn iccrrqnnp nf + h a ff*c} L"ilrlinc npmif the developer shall provide written confirmation from the SJVAPCD confirming that the applicable off- site mitigation fees for the subdivision have been paid.
24.The recommendations of the biological, archaeological, and traffic studies shall be implemented by the developer during construction and development of Revised Tentative Tract7244.
25. Prior to recordation of the first phase of Revised Tentative Tract No. 7244, the Developer shall enter into a Development Agreement with the City of Shafter, in a forrn and substance reasonably approved and required by the City, which shall provide forpayment of traffic fees established by the City and development and funding for the recreation center and park site located on the east side of Jewetta Avenue North. In the event that the City has not adopted such fees in a timely manner such that the Developer would have to make payment at the time of obtaining each building permit for the development of the subdivision, then the Developer and the City agree that traffic fees shall be a minimum of $6,925. 00 per lot, and that such fees represent the actual costs pertaining to trafftc impacts proportional to and directly related to each lot. Such fees shall be paid regardless of whether the Developer and the City ether into a development agreement. In addition, the Developer shall cooperate with the City regarding the establishment and formation of a coflrmunity facilities district for school purposes and the Developer shall require all successors in interest in and to the subdivision, and each portion thereof, to cooperate with the Cify in the establishment of such a district. For this purpose, the Developer and its successors in interest shall not object or participate in any protest regarding the 93939.00005\41 99361 3. I
formation of such a district, and shall affirmatively vote " yeg" with respect to all real properfy within the subdivision for purposes of establishing such a district.
26.Pior to recordation of the first phase of Tract 7244, the Developer shall complete the following:
a. Establish a Homeowners Association for maintenance of the streets, entry gates Pleasant Street and Lot " F"), common landscaping, and infrastructure within the proposed gated community.
b. Obtain approval from the City of Shafter and the North of the fuver Recreation and Parks District for the design of the proposed recreation center/ park site located on Lot "D". The approval shall include recordation of any document speciffing the mechanism for maintenance and funding of the park construction as well as long-term maintenance of the park facilities and amenities. For nonagreement on park design between the City of Shafter and North of the River Recreation and Parks District, the City of Shafter shall have final approval authority. See Condition No. 34.
Obtain and record all required easements and shared use agreements for the pedestrian path and future pedestrian bridge to be constructed along the north side of and across the Calloway Canal.
d, Obtain permits and record all easements needed for construction of the pedestrian bridge across the Friant- Kern Canal if they have not already been obtained by the developer of the Gossamer Grove Specific Plan.
e. Obtain and record all easements and shared access agreements on behalf of the City of Shafter for access and maintenance of the sewer facilities to be constructed along and across the Calloway Canal property.
f. Obtain and record all easements required for construction of and future access to the | ift station and associated lines within the Mission Lakes Specific Plan.
27.The developer shall add the subject property to the North of the River Park Maintenance District prior to recordation of the fnst phased final map.
28. The Developer shall enter into an agreernentwithNorth of the fuverRecreation andParks District ( NOR) to:
a. Develop the t'wo park sites to NOR' s standards and be approved by NOR prior to permit and commencement of construction.
b. Join the NOR Park Maintenance District (Proposition 218). A secondary assessment above the annual NOR Park Maintenance fee may be assessed to maintain desired high cost recr€ ation items such as pools, splash pads, water features, distinctive plantings, etc,
c
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c: Record a Covenant for each phase of the tract with NOR, disclosing proximity of the development to public parks, potential for increased vehicular traffic during programmed activities and potential of light, glare and noise dishubances associated with park operation.
d. NOR' s acceptance of the two (2) parks is contingent upon Norris School District's agreement to allow use of their open space and playing fields as public park land.
Should Norris School District not agree to allow NOR to utilize their open space and playing fields making NOR unwilling to accept the two ( 2) parks, the City of Shafter shall have full authority over the design and construction of the two parks.
See Conditions Nos. 33 and34.
29. Prior to recordation of the phase of Tract 7244 contarning the 200ft lot of the map, the developer shall pay to the City of Shafter his or her proportional share, based on an engineer' s estimate acceptable to the City Engineer, of the cost to construct a pedestrian bridge across the Calloway Canal. The City will place the funds into an escrow account for use when the bridge is constructed. The developer will be refunded any excess funds upon completion of the bridge construction or, should the bridge construction costs exceed the original engineer' s estimate will be responsible for providing any additional funds needed.
30. Prior to or concurrent with the recordation of the first phase of Tract 7244, the developer shall pay to the City of Shafter his or her proportional share, based on an engineer's estimate acceptable to the City Engineer, of the cost to construct a pedestrian bridge across the Friant-Kem Canal. The CiW will place the funds into an escrow account for use when the bridge is constructed. The developer will be refunded any excess funds upon completion of the bridge construction or, should the bridge construction costs exceed the original engineer's estimate will be responsible for providing any additional funds needed.
31. If applicable, the developer shall enter into an agreement with the Norris School District to either join the existing Community Facilities District ( CFD) or create a new CFD.
32. Developer shall ensure all existing electrical conduits, conductors, poles, guy wires, utility boxes, and all related surface and subsurface facilities between the solar field to the north and the PG&E substation to the south are not damaged by development activity except where allowed or approved by the utility owner, PG&E. Developer shall also ensure no portion of the easement for said utility is located within any residential lot boundary.
33. Prior to recordation of the final map and issuance of a residential occupancy permit for the subject phase, the Lot " C" public park site shall be fully constructed, landscaped, and completed pursuant to City of Shafter approval, consistent with the Heritage Ranch Specific Plan, and dedicated to the City of Shafter.
34. Prior to recordation of the final map and issuanee of a residential occupancy permit for the subjectphase, the Lot " D" public park site shall be fully constructed, landscaped, and 93939. 00005\ 41 99361 3.1
completed pursuant to City of Shafter approval, consistent with the Heritage Ranch Specific Plan, and dedicated to the City of Shafter.
35. The map shall be redesigned to replace the knuckle at the intersection of Marble Sheet and GlenbrookAvenue with aradius curve.
36. Lot "H" shall be dedicated to the City of Shafter with the first recorded phase of Tract 7244, Lot " H" shallfully contain the following:
a. The existing electrical easement owned by Shafter Solar LLC. b. Sewer easements required for gravity sewer and force mains from both Tract7244 and the Gossamer Grove development.
c. A thiffy ( 30) foot wide pedestrian easement on and along the north right-of-way line of the Calloway Canal needed to connect the Natural Trail on Seventh Standard Road to the future pedestrian bridge crossing the Calloway Canal.
37. Prior to initiating any grading or earthmoving within Revised Tentative Tract No. 7244, the developers shall provide the City of Shafter with written confirmation from the San Joaquin Valley Air Pollution Control District that the development is in compliance with the District' s Rule 9510.
BUILDING
38. Prior to issuing a certificate of occupancy for any building, building address(es) shall be permanently installed and be clearly visible from the street.
39. No final inspection or issuance of a certificate of occupancy shall be approved for any lot, until all required improvements have been completed by the developer/ applicant and accepted by the City.
40. Developer shall pay all development fees and impact fees adopted by the City in effect at the time of issuance of any building permits.
41. Developer shall comply with the latest California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code and all other applicable codes, ordinances, regulations, and development standards irt effect atthe time of issuance of relative permits.
42.Pior to issuance of each building permit for houses within Revised Tentative Tract7244, developer shall submit a site plan to the City Planning Department for review and approval. The site plan shall reference the floor plan layout and building elevations, including exterior building materials and colors, for each of the single- family residences to be eonstructed within R.evised Tentative Ttact7244.
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43. Private drives constructed of Portland cement concrete sha1l be gonstrycted at a minimum width of t6 feet from the edge of public roadway pavement to the garage of each home,
44. Alandscapingplan, including design of apermanent irrigation system, shall be submitted to and approved by the Planning Director. Said approved landscape and irrigation plan shall be implemented prior to receiving a final inspection for any house constructed within the subdivision. A11 landscaping is subject to the requirements for landscaping contained herein these conditions and with City Standards. Landscaping shall include an irrigation system for both the front-yard and the street side- yard ( where applicable) provided the street side- yard is not obscured from sight from an adjacent street by fencing, for each lot within the subdivision. Landscaping shall be in compliance with current State guidelines for residential landscaping.
45. Fiber Optic Installation for Dwelling Units: Owner agrees to install in each dwelling unit the following fiber optic requirements:
a. Install a City fiber box (enclosure type: 14326W- UL or as directed by the City) adjacent to the other utility boxes ( power, phone, and cable). The fiber box shall be in addition to the phone and cable boxes. The fiber box shall face the exterior and shall include one 120 volt, 15 amp surge protected convenience receptacle located inside the fiber box. The Owner may alternately install a common communication box ( enclosure type: 14326W- UL or as directed by the City IT Department) for the proposed utilities ( phone, cable, and fiber). The communication box shall face the exterior and shall include one 120 volt, 15 amp surge protected convenience receptacle located inside the communication box for the fiber installation.
b. Install an RF transparent structured media enclosure ( enclosure type: Leviton 49605- 30W, Primex Verge P3000 or as approved by the City) in the master bedroom closet with a minimum 72" clearance between any other in-wall or freestanding appliances or accessories so as to allow for unobstructed wireless signal propagation throughout the home. The enclosure shall include one 120 volt, 15 amp surge- protected convenience receptacle located inside the enclosure. c. Install a future route from the City fiber or common communication box to the proposed media enclosure with a minimum of a one ( l) inch diameter nonmetallic tubing ( smurf- tube) or better with bright orange Tyvek or plastic tags, labeled " City Fiber Use Only, 661- 746- 5000", attached at each end of the conduit in plain view.
d. Install a continuous conduit without breaks or couplings from the bottom side of the City fiber or coflrmon communication box to the existing City fiber infrastructure located in the right-of-way. The conduit shall be a minimum of one 1) direct bury 10/6mm ( OD/ID) HDPE microduct with attached trace wire. The proposed conduit shall be installed a minimum of 36 inches below grade and be bright orange or other color approved by the City. The final conduit shall be a different size, color or shade of color from all other utility conduits. If the conduit 93939.00005\41 99361 3. I
does not have an attached trace wire, a continuous extemal # 12 AWG solidconductor tracer wire with high- density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum 4 feet of slack at both ends.
i. After backfill, all fiber optic conduits installed underground shall be mandrelled between the City fiber or common communication box and the existing Ciry fiber infrastructure located in the right-of-way. The mandrelling process shall be witnessed by a City of Shafter Public Works Department representative. For conduit without a pull string, mandrel diameter shall be at least 70Yo of the conduit inside diameter. For conduit with a pull string, the string shall be taped taught to both ends and the mandrel diameter shall be at least 50% of the conduit inside diameter. ii. Conduit couplings shall only be used to repair damaged conduit and shall be airtight, water- tight, push- up compression fitting approved by the City. e. Install Category 6 Unshielded Twisted Pair (CAT 6 UTP) cable ( or as approved by the City) fi'om the media enclosure to everyphone and cable terminationpoint through the home leaving 6 feet of slack in the enclosure and terminating to a CAT 6-rated 8P8C ( RJ-45) jack, using the TWEIA-568 T568A pinout standard, adjacent to every phone and cable termination. All CAT 6 and other networking cable is to be installed according to industry standards and shall not be pinched, stapled, bent sharply or crossing any sharp, unprotected edges. f. Install ceiling Wi-Fi Access Point mounting locations as approved by the City on each floor such that no exterior wall is more than 30 feet from either the media enclosure or another Wi-Fi AP mounting location. Since Wi-Fi AP signals generally do not propagate well vertically between floors, each floor must meet the aforementioned 30-foot standard. Each Wi-Fi AP mounting location will include a single- gang low voltage walk box through which a single CAT 6 UTP cable, terminated with a CAT 6-rated 8P8C ( RJ45) plug and connected to the AP, will be run to the media enclosure and left with 6 feet of slack.
ENGINEERING
Developer shall remove and replace any existing public or private improvements that may become damaged during any phase of construction, as required by the City Engineer. The contractor working within the public right-of-way shall obtain an encroachment permit from the City Engineer prior to commencing any such work.
47. Acceptable traffic control, including signs and personnel, shall be utilized whenever construction of required improvements requires the contractor to work within existing vehicular paths of travel. If determined necessary by the City Engineer, the contractor shall include provisions to allow for pedestrian traffic through or past the construction site. The latest edition of Caltrans Traffic Manual shall be the standard for all construction related traffic control.
46 93939. 00005\ 41 99361 3. I
48. Developer shall relocate atd/or install all necessary infrastructure to provide utilities to the proposed project.
49. A ten ( 10) foot public utility easement, as shown on the tentative map, shall be provided in the front of all lots and on the street side of all corner lots as requested by the utility companies and the City Engineer. Easements shall be granted with the final map.
50. Pedestrian easements shall be provided wherever sidewalks and other public walking paths are to be constructed outside the proposed public rights-of-way. The minimum width of the pedestrian easements shall be one ( 1) foot. 51 . Lot " F" (Pedestrian Access) between Lots I 17 and 1 18 shall be lighted and landscaped in a manner approved by the City Engineer. The lot shall be recorded as a Public Access Easement on the final map. Walls on both sides shall be constructed within the easement.
Walls shall be reduced to no more than 40 inches in height within the minimum frontyard setback.
52. Easements to be given to the City or any other public utility agency for, sewer, water, storm drain, electrical, or any other utility or similar purpose shall not cross private property without prior approval of the City Engineer.
53. Any above- ground utility cabinets or facilities to be located within the road right-ofway or public utility easement shall be permitted only upon approval by the City Engineer. Such approval will be made in writing, upon written request of the developer andlor the affected utility company.
54. Any obstructions including utilities, irrigation lines, etc., shall be removed and/ or relocated, if necessary, at the expense of the developer.
55. No final inspection shall be approved until all required improvements have been completed by the developer and accepted by the City of Shafter.
56. All new utilities shall be underground service.
57. During construction, vehicular access points shall be covered with decomposed granite, road oil, or some other treatment acceptable to the City Engineer, to prevent generation of dust during periods of vehicular activity and/ or windy conditions and tracking of mud and dirt on public roadways.
58. Prior to the issuance of a Certificate of Occupancy on any lot of Tract 7244, all required improvements shall be completed and accepted by the City of Shafter. Additional improvements outside the affected project boundary may be required for orderly development as determined by the City Engineer.
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59. All improvements shall be complete within one ( 1) year from the date of filing of the final map for the development, unless a time extension is granted by the City Engineer.
Timing of improvements shall be subject to approval of the City Engineer.
60. Type and location of centralized mail delivery units shall be determined by the postal service. If the postal service requires special easements for the placement ofthe delivery units, then said easements shall be shown on the final map'
61. Access to and from the existing solar plant through the main gate on the south side of the facility shall not be restricted or prevented by development activities.
62. Prior to recordation of the first phase of the final map. Seventh Standard Road shall be constructed to its ultimate northerly extent within the development of Revised Tentative Tract7244. Improvements shall include an additional west bound lane, deceleration and acceleration lanes at Jewetta Avenue North, landscaping ( minimum 22 feetwide) trail, paseo, and 8' high block wall, consistent with Revised Tentative Tract 7244, Heritage Ranch Specific Plan, and City of Shafter General Plan'
63. Prior to the recordation of the first phase of the final lnap. Jewetta Avenue North shall be constructed and improved including theme wall, entrance monuments, landscaping, sidewalk, and multi- use walkway, as required by and consistent with Revised Tentative Tract7244 and the Heritage Ranch Specific Plan.
64. The developer shall install a traffic signal and construct a median break for the intersection of Jewetta Avenue North and Seventh Standard Road prior to recordation of the first phase of Tract 7244. The median break shall not be constructed separately from the traffic signal. The design, construction, and installation of the traffic signal and median break shall be subject to City of Shafter and City of Bakersfield approval.
65. All road, landscaping, ftail, sidewalk, blockwall, and multi- use walkway improvements, required by and consistent with Revised Tentative Tract 7244 and the Heritage Ranch Specific Plan, shall be constructed by the developer and approved by the City of Shafter prior to recordation of the subject final map phase. Wall plans, materials, and dimensions shall be consistent with the requirements of the Heritage Ranch Specific Plan and Revised Tentative Tract 7244 and shall be approved by the City of Shafter prior to construction. Timing of improvements shall be subject to the approval of the City Engineer.
66. All landscaping, trail, sidewalk, block wall, and multi- use walkway improvement areas within the map boundary shall be dedicated to the City of Shafter with the recorded map.
Areas located outside the tract map boundary shall be dedicated by separate instrument prior to, or concuffent with, recordation of the final map phase'
67. Developer shall place the entire subdivision within a new Landscape/ Lighting Maintenance District, prior to acceptance of improvements by the City of Shafter. The maintenance district shall be set-up to cover the cost of street lighting, drainage basin 93939. 00005\ 41 99361 3.1
maintenance, landscaping maintenance, paseo/ trail maintenance, as well as all administrative costs associated with the City of Shafter' s management of the district. a. The developer shall be required to cover the cost of street lighting, maintain all landscaping, ptrk maintenance, including the replacement of any trees or shrubs that do not survive, within public right-of-way and landscape easements for a period of one ( 1) year after final inspection of the landscape improvements, or until such time as the maintenance district is formed, whichever shall occur last. b. Developer shall be fully responsible for the formation, and formation cost of the Landscape/ Lighting District, as directed by the City Engineer. c. Developer shall be fully responsible for paying the cost of water for all landscaping and etectricity for the street lights until such time as the maintenance district is formed.
68. Engineered plans and building permits are required for all block walls greater than 6- feet in height.
69. Developer shall design and install a system of conduits, terminal boxes, splice boxes, conneciion points, and hand holes for a fiber optic network to each buildable lot within the development. Plans shall be submitted and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility ffench and all appurtenant hardware. Fiber optic conduits can be joint trenched with other utility coqpany pipes and/or conduits. After backfill, conduits and microducts shall be mandrelled, checked for obstructions, and re-excavated and repaired where necessary. The mandrelling process shall be wiuressed by a City of Shafter Public Works Department representative. For conduit without a pull string, mandrel diameter shall be at least 70o/o ofthe conduit inside diameter. For conduit with a pull string, the string shall be taped taught to both ends and the mandrel diameter shall be at least 50% of the conduit inside diameter. Conduits 1/2- inch or larger shall require mule tape. Design and material specifications are available from the City of Shafter. Existing City owned fiber optic conduits, boxes, FOC cable, and related facilities within the development shall be modified or relocated by the developer as necessary in a manner approved by the City.
70, Prior to construction, all improvement plans and landscaping plans shall be approved by the City of Shafter.
TL Developer shall install four ( 4) way stop signs, pursuant to City of Shafter standards, at the intersections of 1.) Jewetta Avenue North and Whispering Lane, and2.) Jewetta Avenue North and Ponderosa Avenue.
72. The side- yard fences running parallel to local skeets shall consist of a masonry block wall toppedwith awooden fence. Wall shall be designed to retain earth where necessary.
Sufficiint area behind the sidewalk shall be provided to accommodate the installation of community mailboxes, where required by the US Postal Service. 93939.00005\41 99361 3.1
73. All phased final subdivision maps proposed for recordation shall be in substantial conformance with the approved tentative map.
74. If the subdivision is to be phased, additional improvements for circulation shall be provided as required by the City Engineer.
ENGINEERING: GRADING & DRAINAGE
75. Prior to review of any required improvement plans, both a drainage/ hydrology study and a grading plan shall be submitted to and approved by the City Engineer. A master grading plan shall be submitted and approved for Revised Tentative Tract 7244.
Future development plans shall be based upon the approved master plan. Any deviation from the approved master plan will require the approval of the City Engineer.
76. The drainage/ hydrology study and hydraulic analysis for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. The study shall demonstrate that any potential run'offwill not impact surrounding properties. The study shall focus on the project property and any affected adj acent properties.
77. Developer shall review the existing grading for the solar plant constructed to the north to ensure to the Developer' s satisfaction that drainage from the existing solar site will not negatively impact frnished lots or improvements within Tract 7244. 78 A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with California Building Code, Chapter 18, latest edition. In addition, all site grading, earthwork and building design shall be performed in accordance with the recommendations of the soils report.
79 A soils report, prepared by a registered civil engineer shall be submitted along with the grading plan. Soils report shall be performed in compliance with California Building Code, Chapter 18, latest edition. In addition, all site grading, earthwork and building design shall be performed in accordance with the recommendations of the soils report.
80. Prior to issuance of a building permit. the developer shall file a "Rough Grade Certificate" with the City in accordance with the City Engineering Design Standards.
Rough Grade Certificate shall be accompanied by certified soil compaction test data from an acceptable materials testing company and,acertificate stating that the rough grade is in substantial conformance with the approved grading plan and Chapter 33 of the California Building Code. Developer to obtain Rough Grade Certificate form from the City.
93939.00005\4r 993613. 1
8 1 . Prior to final approval, acceptance of work, or issuance of Certi frcate of Occupancy, the developer's engineer shall file a "Final Grade Certificate" stating that all required grading has been done in accordance with the approved grading plan. Developer to obtain Final Grade Certificate form from the City.
82. The location and frequency of soils compaction testing shall be per the City Engineer Soils compaction testing shall be provided by the developer/ omer.
83. Minimum slopes across any flat swface shall be lYo.For slopes less than 17o, surface drainage shall be channeled into a concrete v-gutter, curb and gutter, Underground storm drain, or similar drainage strucfure.
84. All building pads shall provide a minimum of 2o/o slope away from each house to an earth swale, and a minimum of l% from the highest point in the swale to the street.
A four inch landscape drain may be used to replace the earth swale. The minimum pad height shall be twelve ( 12) inches above the adjacent curb.
85. Street side corner lots shall not have their side yard slope ( finish grade to back of sidewalk) exceed 4 horizontal: I vertical. If maximum slope is exceeded, side yard shall be retained in an approved manner.
86. Wood retaining structures shall not be approved. Developer shall use masonry, concrete, or other approved material.
87. Engineered off-site drainage plans for Revised Tentative Tract 7244 shall be submitted to and approved by the City of Shafter prior to recordation ofthe f,rnal map.
The approved drainage facilities shall be constructed and approved by the City of Shafter prior to issuance of building permits.
88. The area used for the drainage sump shall be fenced and screened in a manner approved by the City Engineer and consistent with the requirements of the Heritage Ranch Specific Plan. The fence is to enclose the entire sump. Masonry wall (or equivalent) conforming to City standards shall be built for all portions of the perimeter fence viewable from the street or adjacent lots, The north side does not need to be provided with a block wall. A lockable privacy gate, concrete driveway, access easements, and drainage easements shall be provided for access and storm drain lines to the drainage sump as required by the City Engineer. At the option of the City Engineer, a landscaping plan, including design of a permanent irrigation system, shall be submitted to and approved by the City Engineer. Said approved landscape and irrigation plans shall be implemented prior to issuance of any building permit for the development. At the option of the City Engineer, in lieu of the above, the area befween the right-of-way line and the setback line from the lots containing the sump shall be dedicated to the adjacent lots, and the landscaping usually required for the sump lot shall belong to the lots adjacent to the sump. 93939.00005\41 993613. 1
89. The number and location of cross gutters allowed, if any, will be determined during the grading and drainage review process. Drainage siphons shall not be used. The minimum grade for allowed cross gutters shall be 0.6%.
90. A1l storm drain pipes and manholes shall be installed with the street paving. Catch basins shall be installed per City standards.
9I. Grading onto adjacent property shall not be done without written permission from the adjacent property owner.
92. The Office ofthe City Engineer shall be notified 24 hours in advance of the placement 14 of any fill material.
93. Fill and/ or import material shall be subject to the approval of the soils engineer
94. Developer is responsible for the grading of lot pad areas to within 0.l-foot of the design elevations.
95. All areas in the site on which structures are to be placed must be compacted to 90o/o relative density, or as required by the soils report and with concurence of the City Engineer, for a minimum distance of S-feet in all directions from the foundations of the structure.
96. All fiIl material shall be moisture conditioned to at least2o/o above optimum moisture and compacted to 90o/o relative density, or as required by the soils report and with concuffence of the City Engineer, as determined by test methods referenced in California Building Code, appendix Chapter 33, Section 3305, and so certified by test and report from the soils engineer.
97. The design engineer shall exercise sufficient supervisory control during grading operations to ensure compliance with the plans, specifications, and code within his purview.
98. The placement of fill shall be in 6-inch maximum lifts, compacted with heavy compaction equipment approved by the City Engineer, unless specifically reconrmended otherwise in the preliminary soils report.
99. Compaction in proposed pavement areas should be the same as for the building pads, and should extend to a minimum distance of 2-feet beyond the outside edges of pavement. Compaction shall be as required by the soils report and with concurrence with the City Engineer.
100. All cut and fill slopes shall not be steeper than2 horizontal to I vertical. 93939.00005\41 99361 3.1
101, All fiIl areas to be cleared of all vegelation arrd other unsuitable matelials for a structural fill and the areas shall be scarified to a depth of 6-inches, unless specifically noted otherwise in the preliminary soils report.
102. All slopes in excess of three ( 3) feet shall be prepared and maintained to control against erosion.
103. Grading work shall be supervised as engineered grading in accordance with Chapter 33 of the California Building Code.
104. Dwing grading, reasonable searching should be performed for concealed subsurface obstructions. All abandoned subsurface obstructions should be removed. If terminus of any abandoned piping is outside the project limits, the piping should be removed within the project and properly capped atthe project boundary. 105. The Developer shall coordinate with the North Kern Water Storage District to establish a new common grade along the common property line with the Calloway Canal106. Developer' s attention is directed to the provisions of the SJVAPCD' s Regulation VIII Fugitive
PM10 Prohibitions, which require the submission of a Dust Control Plan for certain construction projects. Developer shall comply with all applicable SJVAPCD rules and regulations including the submission of a Dust Control Plan as may be applicable. Current SJVAPCD rules and regulations are available online at http : //www. valleyair. org/rules/l rule sl i st. him. 107. It shall be the Developer' s responsibility to prevent a dust nuisance from originating from the site of the work as a result of its operations. Preventative measures to be taken by the Contractor shall include, but shall not be limited to, the following:
a. Water shall be applied to all unpaved areas as required to prevent the swface from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt.
c. Temporary suspension of the work, either as a result of order by the Engineer or as a result of conditions beyond control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
ENGINEERING: WATERYFIRE
108. The developer shall install fwo water systems for the project together with such equipment, pipeline, and facilities, including individual water services, as may be necessary to ensure the development has a minimum supply of water for the purposes of the development including fire protection. One water system shall be developed exclusively for drinking or domestic water service. The other shall be for irrigation of lawns, parks, and common landscape area and provided by either existing or new 93939.00005\41 99361 3.1
wefls, Developer shall submi- t water improvemenl plans to the City Engineer an. d Oildale Mutual Water Company for review and approval. Developer shall construct the public water system in accordance with Subdivision Engineering Design Manual for the subject property. The dual water system shall be constructed by the developer and approved by the City of Shafter and Oildale Mutual Water Company prior to recordation of the final map.
109. To the greatest extent possible, above ground air-vac or air release valves required by Oildale Mutual Water Company shall be located in public landscaping or natural trail areas and not along residential project frontages. This requirement is subject to the approval of Oildale Mutual Water Company.
110, To the greatest extent possible, wet utilities (sewer, water, storm drain) shall be installed between the flowlines on all streets.
1 1 1. Fire protection shall be provided per Kern County Fire Department Standards for the type of development. A Certificate of Approval shall be obtained by the developer fromthe Kern CountyFire Department. Evidence of this Certificate of Approval shall be provided to the City prior to acceptance of the water system by the City. 112. Prior to installation, all water improvement plans shall be reviewed and approved by the Kern County Fire Department. The review includes hydrant locations and access into and out of the Tract. A plan review permit, obtained from the Kern County Fire Department, must be applied and paid for prior to the review of any modified or new tract map.
113. Water line size, location, and materials shall be subject to the approval of the City Engineer. Minimum water line size shall be in accordance with the Subdivision and Engineering Design Manual.
I 14. Tie-ins to existing water mains shall be constructed in a manner approved by the City Engineer.
115. Whenever possible, the water system shall be looped to minimize dead ends. For culde- sacs greater than 330 feet in length, the water main shall be looped through the side lot lines of the lots near the end of the cul- de- sac, back to adjacent streets, as directed by the City Engineer. Easements shall be provided to the City in a manner consistent with the Subdivision and Engineering Design Manual. 116. Separate dual water services shall be installed for each residential property 117. No permanent structures shall be constructed over proposed or existing utility easements.
118. The developer shall provide a minimum 2 access/egtess points per CFC Sec D107. 1 into the tract for emergencies. Such access shall be provided through Lot "H" or 93939.00005\4r 993613, 1
alternative apprgved by the City Engineer, or as approvgd by the Kem County !' ire Department.
119. The developer shall provide fire hydrants that comply with Kern County Development Standards ( Clow 850 or equivalent)'
120. The required fire hydrants shall be placed a maximum of 660 feet apart throughout the tract for firefighting purposes. Final hydrant locations shall be approved by the Kern County Fire Department prior to installation.
121. The developer shall install reflective markers to identiff hydrant locations pursuant to California Health and Safety Code 13060'
I22.The required fire hydrants shall provide a minimum fire flow of 500 gallons per minute for one hour at 20 psi residual pressure.
I23.Thewater system for the required fire hydrants shall be looped. l24.The Kern County Fire Department, Fire Prevention Office shall be contacted for a fire flow test and approval prior to the start of underground construction. 125. The developer shall install the required water, access and street signs prior to issuance of any building permit.
126. Afire flow test of the on- site facilities shall be performed and approved by the Kern County Fire Department prior to issuance of any Certificates of Occupancy. A fire flow test permit, obtained from the Kem County Fire Department, must be applied and paid for before flow test clearance will be granted. 127 . Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shall be completed, tested, and accepted ( UFC 10. 502, 10.503).
ENGINEERING: SEWER
128. No properties shall be served by a septic system.
129. Developer shall install a sewer system for the development together with such materials, pipeline, manholes, and individual services for the purposes of the developmont. Developer shall submit sewer improvement plans to the City Engineer for review and approval prior to recordation of the final map. Developer shall construct public sewer system in accordance with Shafter Subdivision Engineering Design Manual for the subject property.
a. Until such time as a perrnanent City trunk sewer in Seventh Standard Road can be constructed and connected, the development shall construct a gravity sewer system, sewer lift station, and a force main that will collect and pump sewage 93939. 00005\ 41 99361 3. 1
from Tract 7244 to t-he existing City sewer system loqated within the Wonderful Industrial Park near the intersection of Seventh Standard Road and Zachary Avenue.
i. Gravity sewer mains shall be provided and installed within rights- ofway and easements granted to the City of Shafter and within Lot " H".
All easements, deeds, licenses, and/ or permits necessary for sewer facilities located outside the tract boundary shall be secured and recorded prior to the first recorded phase of Tract 7244 or sewer plan approval, whichever is first.
ii. Gravity sewer shall collect sewage from all sources within Tract7244 and deliver them to the proposed lift station. Lift station shall be a premanufactured precast concrete lift station constructed by a manufacturer with at least 10 years of experience in sewage lift station design and manufacture. Make and manufacturer shall be approved by the City. Lift station shall be delivered to the site and constructed in accordance with the manufacturer's installation requirements and plans approved by the City of Shafter.
iii. Lift station shall be located off-site, north of Seventh Standard Road and west of the Calloway CanaI. Developer shall secure sufficient property ( easements, dedications, or deeds) and access rights for the proposed lift station prior to the first recorded phase of Tract 7244 or sewer plan approval, whichever is first.
iv. Lift station site location, layout, ultimate size, design, and capacity shall be reviewed and approved by the City.
v. Developer shall secure a sufficient source of electrical power to operate the lift station.
vi. A single sewer force main pipe shall connect the lift station to the City of Shafter' s existing sewer system located near the intersection of Zachary Avenue and Fanucchi Way. Force main shall be sized for the lift station discharge from both Tract 7244 and Gossamer Grove Specific Plan. Developer shall coordinate with Lennar Homes developer of Gossamer Grove) for the future anticipated flows from Gossamer Grove Specific Plan.
1) As of July 8, 2A17, the City of Shafter is in the process of designing a trunk sewer system on and along the north side of Seventh Standard Road. This gravity sewer will eventually provide sewer service to properties located north of Seventh Standard Road, including Tract 7244 ( Heritage Ranch) and Gossamer Grove. It is possible that this trunk sewer may be operational prior to the development of Tract 7244 allowing the Developer to connect to the City's sewer system at a location closer to Tract 7244. The City makes no warranty regarding the schedule of the construction of this sewer trunk. The Developer is advised to coordinate with the City regarding connection to the City's sewer system.
93939.00005\4r 99361 3. I
vii. Dual parallel forqe mains shall be installed along the north side of Seventh Standard Road for the Gossamer Grove development. The force main shall run from the west right- of-way line of the Friant-Kern Canal, to the lift station location. The force mains shall bypass the lift station location and connect to the force main installed for Tract 7244. 2) The developer of Gossamer Grove (Lennar Homes) shall be responsible for construction of their force mains up to and over the Friant-Kern Canal right-of-way to the west side of the Calloway Canal right-of-way to connect with the sewer system that is being designed and constructed for Tract 7244.
3) The developer of Tract 7244 shall coordinate the size and location ofthe force mains with the developer of Gossamer Grove ( Lennar Homes).
4) City of Shafter shall be provided with access rights to the force mains for maintenance and repair where they are installed outside public right-of-way. Access easements shall be recorded prior to, or conclurent with, the first recorded phase of Tract 7244, whichever occurs first.
viii. Other conditions applicable to the design and construction of the lift station an all force mains shall be developed in consultation with the City Engineer.
130. All fees and costs necessary to connect to the sanitary sewer collection and treatment system shall be those in effect at the time the service connection is made. 131. Sewer line size, location, slope and materials shall be subject to the approval of the City Engineer. Minimum sewer line size, location, slope, and materials shall also be in accordance with the Subdivision and Engineering Design Manual' 132. Tie-ins to existing sewer mains, manholes, or other structures shall be constructed as directed by the City Engineer.
133. Sewer pipelines and manholes shall be installed within the proposed street paving of the development.
134. Separate sewer services shall be installed for each property. At no time shall sewer be joint trenched with water.
135. Sewer lines will not be permitted in easements between the backyards or side- yards of residential lots.
136. No permanent structures shall be constructed over proposed or existing utility easements.
ENGINEERING: STREET & TRAFFIC
93939. 00005\ 41 99361 3.1
137. Developer shall construct and provide right- of-way for all streets, curb, gutter, cross gutter, drainage facilities, sidewalks, walls, landscaping, street lights, drive approaches, intersections, and other related improvements consistent with Revised Tentative Tract 7244 andthe Heritage Ranch Specific Plan. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall include: Preliminary soils report with R-Value tests taken from proposed road locations, preliminary engineer' s estimate of construction costs; and plan check and inspection fees.
138. Pleasant Street shallbe considered private south of the easterly extension of the south line of Lot 188.
139. The drawings shall include all proposed public street pavement, curb, gutter, driveways, street lights, cross gutter, catch basins, striping, signage, traffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site.
Said improvements shall be constructed as per the street improvement plans approved by the City Engineer in a manner consistent with the Subdivision and Engineering Design Manual.
140. All local streets shall be developed as full-width streets in accordance with standards and specifications of the Heritage Ranch Specific Plan and the City, as approved by the City Engineer. All local streets shall be fifty-two (52) feet full right-of-way with forty ( a0) feet flowline to flowline.
141. Should a street transition to another street with a ninety ( 90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.
142. Cul- de-sac and street knuckle dimensions and radii to conform to the Subdivision and Engineering Design Manual andlor as approved by the City Engineer. The use of off- set culde-sacs is approved provided they meet the requirements of the City. 143. Street signs shall be installed per City standards as required by tle City Engineer. 144. Allutilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approved by the City Engineer.
145. During construction, the developer shall maintain the project, including adjacent streets in a dust free condition. This condition applies at all times including weekends, evenings, and night time hours. During construction operations, cleanup of soil from the public roadways shall be required, if deemed necessary, by the Cify Engineer. 146. Driveway approaches shall be constructed in a manner consistent with the requirements for residential approaches as set forth in the City's Subdivision and Engineering Design Manual.
93939.00005\41 993613. 1
147. Sidewalk, including curb, shall be five (5) feet wide and shall be placed behind the curb, or as specified by the Heritage Ranch Specific Plan. Transitions at intersections and wheelchair ramps shall be provided and installed per the City's Subdivision and Engineering Design Manual.
148. Monument and monument covers shall be set per City Standards 149. Temporary turnarounds, if required, including right-of-way, shall be granted, designed, and installed per the Subdivision and Engineering Design Standards. 150. Property line locations shall be marked with a chiseled line on the top of curb for all property lines. The location of all sewer laterals shall be indicated on the top of curb with a stamped " S".
151. Street lighting shall be installed in accordance with the City Engineering and Subdivision Design Manual as directed by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS-2 rate schedule.
152. Secondary access easements shall be provided at the request of the City Engineer.
Within any given phase of development, secondary access easements and improvements shall be provided in a manner approved by the City Engineer. Access roads shall be twelve 12) feet in width and shall consist of three ( 3) inches of Class II aggregate base over six (6) inches of native material compacted to 90o/o relative maximum density. 153. A waiver of direct access to the following shall be dedicated and shown on the final map as follows:
a. Lots263, 264,273,274,283, and284 to Bareback Avenue. b. Lots 308 and 309 to Banjo Way
c. Lots 297 and320 to Blazing Way
d. Lots 321, 322, and329 to Ponderosa Avenue
e. Lots332, 340,363, and364 to Fields Way
f.Lot 351 to Marble Street
g. Lot 355 to Raven Way
h. Lot2l2 to Grove Way
i.Lots 227 and23l to Glenbrook Avenue
j.Lots 203, 204, and223 to Mystic Way
k. Lots 194 and20l to Whispering Lane
l. Lots 13,14,39, and40 to Hitching Way
m. Lots 56, 57 ,82 and 83 to Porch Way
n. Lots 90, 96, 187 and 188 to Pleasant Street
o. Lots 150, l5l, 172, 173 to Knotty Way
p. Lots 161 and 162 to Green Way
q. Lots I l7 and 118 to Common Lot " F"
r.Al1 lots adjacent to the east and west sides of Jewetta Avenue North 93939. 00005\ 41 99361 3. I
s! A11 lots adjacent to the north line of the Natural Trail easement alolg Seventh Standard Road
t.All rear lot lines adlacent to the Friant- Kern Cata| and the Calloway Canal u. All rear lot lines adjacent to the sewer/landscape lot identified as Lot "H" 154. Developer shall design and construct, with the subject phase of the final map, the public path(s) between cofirmon Lot " F", the sidewalk along Seventh Standard Road, and the pedestrian bridge across the Friant- Kern Canal meeting the requirements of the American with Disabilities Act ( ADA). The path design and construction shall be approved by the City ofShafter.
155. Yearling Court shall be constructed and approved by the City of Shafter, including curb and flowline, with the subject phase.
ENGINEERING: LANDSCAPING
156. Developer shall provide easements for and construct a 30-foot-wide pedestrian easement on and along the north right-of-way line of the Calloway Canal. a. Pedestrian easement shall be contained within Lot "H" for all portions within the boundary of Tract 7244. Any portions of the easement lying outside the tract boundary including the proposed pedestrian bridge across the Calloway Canal, shall be recorded prior to, or concurently with, the first recorded phase of Tract 7244. The pedesrian easement shall provide public access from the north side of Seventh Standard Road east of the existing vehicle bridge over the Calloway Canal to a future pedestrian bridge over the Calloway Canal, the exact location to be determined at a later date.
b. The minimum width ofthe pedestrian easement shall be thfuty ( 30) feet. c. Masonry wall shall be constructed between the pedestrian easement and residential lots.
d. A thirty (30) foot wide pedesffian easement west of Lot "H" on the northern portion of the Calloway CanaI property to a point where the pedestrian bridge will be constructed over the Calloway Canal. The easement shall be recorded prior to, or conculrently with, the first phase of Tract 7244. e. A thirty ( 30) foot wide easement for a pedestrian bridge over the Calloway Canal shall be recorded prior to, or concuffent with, the first phase of Tract 724. f. A six ( 6) foot high chain link fence shall be installed along the common boundary of Lot "H'r and the Calloway Canal, north of the Seventh Standard Road right-of-way, to the pedestrian bridge canal crossing. 157. Electrical Source for Landscaping:
a. Developer shall provide one or more metered services and pedestals for public landscaping.
b. Location of the meter pedestal shall be approved by the City Engineer.
I 58. Landscaping Enclosure:
93939.00005\41 99361 3. I
a. Landscaping water service point of connection shall be approved by the City Engineer. Water source shall be from the non-potable water system installed with the tract.
159. Water Source for Landscaping:
a. Landscaping timers, electrical service fuses, breakers, etc., shall be installed within a commercial grade landscaping enclosure.
b. Commercial grade landscaping enclosure shall be installed within the dedicated landscaping area adjacent to the water source and/or electrical source. c. Commercial grade landscaping enclosure shall be installed on a concrete foundation poured onto a minimum of six (6) inches of native subgrade compacted to 90Yo ( or in accordance with manufacturer's recommendations, whichever is more stringent).
d. Landscaping enclosure shall be provided with a 1l0-volt duplex electrical GFCI plug within the encloswe.
160. The developer shall comply with all requirements for grading and erosion control, including the prevention of sedimentation or potential damage to off-site property. 161. Sleeves shall be placed under the proposed paving for landscape piping or low voltage electrical per the City Engineer.
162. Landscaping within the Natural Trail on Seventh Standard Road shall be approved by the City. Separate plan sets shall be provided for the Natural Trail landscaping and shall show locations of water and electrical services necessary to serve the landscaping and lighting needs of the areas.
163. Bollards or other effective obstructions shall be placed at the pedestrian access easements located at the east end of Ponderosa Avenue.
164. Developer shall deed Lots B, C, D, H, and Ito the City of Shafter concurrent with the recordation of the applicable phase of the final map.
165. The landscaping along the north side of 7th Standard Road, between Jewetta Avenue North and the east boundary of the project, shall be dedicated to the City of Shafter as a lot.
166. Athirty (30) foot wide easement for a pedestrian bridge over the Friant- Kern Canal shall be recorded prior to, or concrrrent with, the first phase of Tract 7244.
ENGINEERING: SUBDIVISION IMPROVEMENT AGREEMENT
167. The developer shall furnish the City of Shafter with acceptable securify to guarantee the construction of off-site street improvements in accordance with all applicable provisions of the City of Shafter Municipal Code and the State Subdivision Map Act.
The developer may enter into a subdivision improvement agreement with the City of 93939. 00005\ 41 99361 3. I
Shafter for public improvements that are not completed at the time of Final Map approval.
93939.00005\41 993613. 1
EXHIBIT 668'' TO
REVISED TENTATIVE TRACT NO. 7244
DEVELOPMENT AGREEMENT NO. 23-2I
House Plans and Elevations
93939.0000s\41 93583 1. I
Collections
Choral Series
The Choral Senies offens bnand- new single-family homes for sale, including Next Gen@ floonplans, at the Mancona Pneserve master- planned community in Baker" sfield, CA.
Residents enioy no HOA and convenient proximity to gneat local attractions, nearby walking tr.ails, parks and golf courses. Plus, the community is situated close to Highway 99 for" simplified commutes and access to great entertainment venues and shopping centens.
Plans
LENNAFI'
Tutti X
3 bd . 2 ba . 1,856 ft'
Symphony X
4 bd . 3 ba . '1
half ba . 5,156 ft'
Bolero
4 bd . 3 ba . 2,085 ft'
Orchestra X
5 bd . 3 ba . 3,278 ft"
Melody X
5 bd . 3 ba . 2,578 ft'
7.2.2 Park Impact Fee. Developer shall pay the park impact fee (" Park Impact Fee") in effect at the time the building permit is issued for each single- family residence.
Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $ 6,000. 00 for each single-family residence.
In lieu of paying a Park Impact Fee for each single-family residence, the Developer may design and fully construct publicly accessible parks included in a City- approved specific plan, which shall be completed within eight ( S) months of commencing park construction as set forth in Exhibit G, Park tmprovements, incorporated herein by reference
All hardware or equipment supplied shall be installed in accordance with City Standards or the manufacturer's requirements, has been inspected for conformance with applicable codes and passed, and is ready for use by the City or the public in general.
7.2.3 Sewer Impact Fee. Developer shall pay the sewer impact fee in effect at the time that the building permit is issued for each single-family residence. Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed 10,000. 00 for each single- family residence'
7.2.4 Miscellaneous Impact Fees. Developer shall pay any additional miscellaneous impact fees in effect at the time that the building permit is issued for each single- family residence, including but not limited to the following:
t.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Local Storm Drainage Collection Facilities;
Water Storage and Distribution;
Wastewater Collection Facilities;
General Facilities ( city hall, corporate yard, and municipal fleet); Aquatics Facilities;
Public Use Facilities ( community, senior, teen centers, et. al.); Library Building and Collection,
Park Land and Open Space Acquisition and Recreation Facilities; and Development and any other infrastructure provided by the City allowed by Government Code $ 66000, et. seq. (often referred to as A81600)' Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $ 20,000.00 for each single- family residence in total for all miscellaneous fees.
7.2.5 Fee Limitations Caveat. Developer understands and agrees that the feel limitations contained in Section 7.2.1 through 7.2.3 apply onlyto the Traffic Impact Fee, Park Impact Fee, Sewer Impact Fee, and Miscellaneous Impact Fees, and not to other categories of impact fees, Development Exactions and Processing fees, whether in existence or later enacted. 93939.00005\4 I 993 61 3.1
7,3 Landscaping Improvemgnts. Owner shal!, at its sole cost, expsnse, and liatiliry construct those certain landscaping improvements required as ' oconditions of approval" of Revised Tentative Tract Map No.7244 as described in Exhibit " D" of this Agreement and as described in Section 4.1.6 (Development Approvals) of this Agreement. Owner shall dedicate any required improvements to the City at the time of recordation of the final map for which the improvements t"eie
a condition of approval. Owner will construct such landscaping improvements in accordance with City and other applicable governmental agency rules, codes, standards, ordinances, and regulations in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority.
7.4 Public School Impact Fee. Owner shall pay all public- school impact fees required by the Norris School District attributable to the Project.
7.5 Flood Control and Storm Drainage Improvements. Owner shall meet all applicable conditions of approval pursuant to Resolution No. 2543 in Exhibit " D" consistent with the tract design, as illustrated in Exhibit ooB", found to be in substantial conformance by the City Engineer.
7.6 Public Utilities Impact. Contemporaneously with or prior to the approval of each final map applicable to the Project, Owner shall provide written evidence, acceptable to City, that Owner has fully satisfied all public utilities impact measures lawfully required by any public utility purveyor, including, without limitation, phone, water, electric, cable television and gas, which will service that portion of the Project. Failure to provide such evidence will result in disapproval of any final map.
7.7 Alternative Improvements Interests. City and Owner acknowledge and agree that acquisition of the real property and other interests necessary for the construction of the Public Improvements described in this ARTICLE 7 is subject to the provisions of Section 6.7 . If, due to uny r"urott whatsoever, Owner is unable to construct those Public Improvements described in this ARTICLE 7 due to the inability of either Owner or City to acquire the necessary real property or other interests to allow such construction, then Owner shall construct alternative improvements of an equal or greater value than those improvements which would have been constructed had the necessary property and other interests been obtained or pay an in lieu thereof if applicable. The value of such alternative improvements shall be as determined in the City's reasonable discretion, consistent with the programs, studies and reports substantiating the amount of development impact fees adopted by the City. Construction of the altemative improvements shall be in accordance with plans and specifications approved by City in accordance with all codes, ordinances, regulations, standards, and policies in effect at the time of the construction of the improvements.
7.8 Environmental Site Inspection. Owner hereby grants to the City, its agents, contractors, employees and other representatives the right to enter upon the Property during reasonable business hours for purposes including, without limitation, the surveying, inspecting, photographing, sampling, and other testing necessary, in the City's absolute discretion, to the 93939.00005\41 99361 3.1
detemination of whether hazardous or toxic pollutauts, contaminants or materials ( collectively, o'environmental contaminants") are located upon any property which the City will be receiving thr-ough Dedication including, without limitation, parks, rights ofway, and utility easements. Upon discovery of any environmental contamination, Owner shall immediately cease any work thatmay have begun upon the Project, will notiff all appropriate governmental authorities and regulatory agencies, and will take all steps necessary to comply with any provisions of any federal or state environmental laws, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, and all other federal or state statutes of similar import and effect'
7.9 Dedication. The term
ooDedicate"
as used in this ARTICLE 7 means to acquire and
offer the subject land for dedication and to construct the improvements to be constructed by the Owner on such land pursuant to this ARTICLE 7 and thereafter to convey such land and improvements to the City. Owner shall convey the land on which the Public Improvements are to be constructed at the time provided therefor by the Infrastructure Phasing Plan, but in no event later than the recordation of the final tract map for which such Public Improvement( s) was/ were a condition of approval. Owner shall Dedicate/ convey easement interests in all property required to be Dedicated by this Agreement. The Owner shall Dedicate each Public Improvement upon completion of a segment component of such Public Improvement.
7.10 Minimum Dwelling Unit Size. Owner agrees that the minimum single family dwelling unit size permitted in the subdivision shall be no less than 1,400 square feet of living space. The minimum square foot requirement excludes garages, patios and/ or porches whether enclosed or not.
7.ll Fiber Optic and Networking Installation for Dwelling Units. Owner agrees to install in each dwelling unit the following fiber optic and networking requirements:
A. Building Department Requirements
a) Install a Dedicated City Fiber Enclosure adjacent to the other utility enclosures or a Common Communication Enclosure ( collectively " Utility Enclosure") for the proposed communications utilities ( phone, cable, fiber, etc.). The enclosure type shall be BennerNawman 14326W- UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, l5-amp convenience receptacle inside the enclosure mounted on either side of the wall. A surge- protected receptacle must be installed. b) Install a wireless- ffansparent Structured Media Enclosure (" Media Enclosure"), such as models: Legrand 30" ENP3050, Legrand42" ENP4250, Leviton 30" 49605- 30W, Primex Verge 30" P3000, 42" PrimexVerge P4200, or as approved by the City. The Media Enclosure shall be installed in the wall of a master bedroom closet or a laundry room furthest from the water supply and maintain a minimum 48-inch horizontal clearance between and 24-inch 93939.0000s\41 993613. 1
clearance above any metallic appliances or accessories. The Media Enclosure shall include one 120-volt, l5-amp convenience receptacle located inside the enclosure. c) Install a conduit pathway from the Utility Enclosure to the Media Enclosure with a minimum of one ( 1) l-inch diameter non-metallic, flexible conduit which shall maintain a minimum 36-inch bend radius and protrude a minimum of 6-inches into the enclosures.
The conduit shall be marked with orange Tyvek or plastic tags, labeled " City Fiber Use Only'', 66I- 746- 5000", tie wrapped to the conduit in plain view within the enclosures. d) Install a continuous conduit without breaks or couplings from the existing City Fiber Distribution Enclosure located in the right- of-way (" Distribution Enclosure") to the bottom side of the Utility Enclosure. The conduit shall be installed a minimum of 36-inches below grade, protrude a minimum of l2-inches into the Utility Enclosure, be orange in color, and be factory labeled *
City of Shafter 66I-746- 5000". If the conduit does not have an integrated tracer wire, a continuous external # 12 AWG solid- conductor tracer wire with high- density polyethylene insulation rated for direot burial shall be installed along with the conduit leaving a minimum l5-feet of slack coiled in the Distribution Enclosure and 3-feet of slack coiled in the Utility Enclosure. The conduit and tracer wire shall be inspected by a City of Shafter representative before shading and backfilling.
1) Afterbackfilling, polyester cable pulling tape (Muletape), or equivalent, shall be installed in all conduit paths between the Distribution Enclosure and the Utility Enclosure. Mule tape shall be slack ( no tension) and fastened to the plug or cap. 2) Couplings shall be used to repair damaged or shortJength conduit only if approved by the City. Conduit couplings shall be an air- tight, water- tight, push- on compression fitting approved by the City. Tracer wire couplings shall be air-tight, water- tight, twist on or compression connector approved by the City. Coupling integrity shall be inspected by a City of Shafter representative.
e) Category 6 Unshielded Twisted Pair ( CAT 6 UTP) cable ( or as approved by the City) shall be installed according to industry standards and the requirements below, and shall not be pinched, stapled, bent sharply, or crossing any sharp, unprotected edges:
l) Install a minimum of two (2) cables from the Utility Enclosure to the Media Enclosure.
B. Engineering Department Requirements
0 Developer shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber 93939.00005\41 99361 3.1
optic network to each buildable lot within the development. Design and material specifications are available from the City of Shafter. Plans shall be submitted to and approved by the City of Shafter, prior to recordation of the final map, showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
l) A combination of fiber optic conduits shall minimally include 4" SDR- I 1 HDPE, 2" SDR-I1 HDPE, 1.25" SDR-I I HDPE, and 7-Way bundled HPDE innerduct with attached tracer wire. Fiber optic conduits may be joint-trenched with other utility company pipes and/ or conduits.
2) All underground fiber optic conduits, innerduct bundles, etc' shall be factoryJabeled " City of Shafter 661- 746- 5000". Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
3) All underground fiber optic conduit paths shall have tracer wire. If the conduit does not have an integratedtracer wire, a continuous external # 12 AWG solidconductor tracer wire with high- density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum l5-feet of slack coiled in the endpoint enclosures.
4) The ends of all fiber optic conduits and innerducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. 5) After backfilling, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. All conduits %- inch or larger shall require polyester cable pulling tape ( Muletape) or equivalent installed. Polyester cable pulling tape ( Muletape) shall be slack ( no tension) and fastened to the plug or cap. Innerducts shall be mandrel tested and are subject to inspection by a City of Shafter representative. 6) A combination of underground utility enclosures shall minimally include 36"W x 60"L x 36"D polymer concrete enclosures with dual torsion covers, 36"W x 36"L x 24-36"D and 24"W x 36"L x 24-36"D High Density Polyethylene ( HDPE) enclosures.
7) Al1 underground utility enclosures shall be factory- stamped City Fiber".
ARTICLE 8. FINANCING OF PUBLIC IMPROVEMENTS AND
MAINTENANCE OBLIGATIONS
93939.00005\4 I 99361 3.1
8.1 Maintenance Services Community Facilities District. The City and the Owner agree to the formation of a new, or annexation to an existing, Communities Facilities District 1*CFD"; pursuant to the terms of the Mello- Roos Community Facilities Act of l982,beingChapter
2.5 of Part I of Division 2 of Title 5 of the California Govemment Code commencing with section 5331l, as amended ( the " Act"). The territory of which shall include the Project, for the pu{poses of the payment of the ongoing maintenance and operation costs associated with certain public servicei authorized under the Act ("services') located within, or appurtenant to, the Project.
Owner shall consent to the annexation or the formation of the CFD prior to recordation of the first final map for the Project or the first sale, transfer or conveyance of the Property or any portion thereof. The O*ner further expressly agrees that failure of Owner to consent to the annexation or formation of such CFD will result in disapproval of any future tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.1;provided, however, that after giving effect to such annexation, the bwrer is subject only to its fair share of the obligations and costs of providing the ongoing maintenance of the Services incurred for the Project. The Owner agrees to cooperate fully in any such annexation proceedings.
8.2 Public Safety Community Facilities District. The City and the Owner agree to the formation of a new, or the annexation to an existing, CFD pursuant to the terms of the Act, the territory of which shall include the Project, for the purposes of the payment of the ongoing costs associated with providing police protection, fire protection and suppression services, and other public services as authorized by the Act (" Public Services"). Owner shall consent to the annexation br the formation of the CFD prior to recordation of the first final map for the Project or the first sale, transfer or convgyance of the Property or any portion thereof. The Owner further expressly agrees that the failure of Owner to consent to the annexation or formation of such CFD will result in disapproval of any future tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.2; provided, however, that after giving effect to such annexation, the b*o.r is subject only to its fair share of the obligations and costs incurred because of providing the Public Services. The Owner agrees to cooperate fully in any such annexation proceedings.
The Owner agrees that the Public Safety Community Facilities District may be formed as part of or separate from the Maintenance Services Community Facilities District described in Section 8.1 of this Agreement, at the City's discretion. 93939. 00005\ 41 99361 3. I
ARTICLE 9. REVIEW FOR COMPLIAI\CE
g.l Periodic Review. The City Manager, or his or her designee, shall review this Agreement annually on or before the anniversary of the Effective Date, in order to ascertain the gooO Aith compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to, and containing such information as may be requested by the City Manager, or his or her designee, within 30 days after written notice from the City Munug. t, orhis orherdesignee. TheAnnual MonitoringReport shallbe accompaniedbyanannual review and administration fee, in an amount consistent with then- existing City fee schedules and resolutions, sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set untr. tully by resolution of the Cify Council. Neither City nor Owner shall have a duty to notify the other oi their respective obligations hereunder and the City' s failure to so conduct such annual reviews shall not affect the rights, protection, and benefits afforded Owner by the Development Agreement Law and this Agreement shall remain subject to the Development Agreement Law.
9.2 Special Review. The Planning Commission or City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews.
9.3 Procedure.
a) During either a periodic review or a special review or at any time upon City's determination that Owner is in default of this Agreement as described in Section 10.4, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement.
The burden of proof on this issue shall be on Owner'
b) upon completion of a periodic review or a special review, the city Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the widence concerning good faith compliance by Owner with the terms of this Agreement and his/her recommended finding on that issue.
c) If the Planning Commission finds based on substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
d) If the Planning Commission makes apreliminary finding that Owner has not complied in good faith with the terms and conditions of this Agreement, the Planning Commission may recommend to the City Council that the City Council commence proceedings to modify or terminate this Agreement and the City Council mayproceed to modify or terminate this Agreement under Section 9 .4 andsection 9.5. Notice of default and opportunity to cure as provided 93939.00005\41 993613. 1
under Section 10. 4 of this Agreement shall be given to Owner prior to or concunent with proceedings under Section 9.4 and Section 9.5.
9,4 Proceedings Upon Modification or Termination. If, upon a recommendation of the Planning Commission under Section 9.3(d), the City Council determines to proceed with modification or termination of this Agreement, the City Corurcil shall give written notice to Owner of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:
a) The time and place of the hearing;
b) A statement as to whether or not the City Council proposes to terminate or to modiff the Agreement; and the specifics of such modifications; c) Such other information as is reasonably necessary to inform Owner of the nature of the proceeding.
9.5 Hearing on Modilication or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreernent the City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modiff this Agreement and impose such conditions as are reasonably necessary to protect the interests of the Cify. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094. 5 of the Code of Civil Procedure.
9.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (" Certificate") to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Commission and City Council that ( 1) this Agreement remains in effect and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the certificate is issued after a Periodic or Special Review, and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.
93939.00005\4r 99361 3, I
Whether or not the Certificate is relied upon by assignees or other transferees of Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review but was concealed from or otherwise not known to the City Manager.
ARTICLE 10. DEFAULT AND REMEDIES
10.1 Remedies in General. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages, including, without limitation, attorneys' fees and litigation costs, to Owner, or to any mortgagee or lender of Owner or to a successor in interest of Owner, or a mortgagee or lender of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages:
a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
b) For the impairment or restriction of any right or interrst conveyed or provided under, with, or pwsuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
Further, nothing contained herein shall modify or abridge Owner' s rights or remedies ( including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain; provided, however, that such exercise results in a physical occupation of the Property or portion thereof. Except as set forth in the preceding sentence, Owner' s remedies shall be limited to those set forth in this Section 10.1 and Sections 9.5 and I0.2.
10.2 Specific Performance. The parties acknowledge that money damages and remedies atlaw generally are inadequate, and specific performance and other non- monetary relief, including temporary and permanent injunction relief, are particularly appropriate remedies for the enforcement of this Agreement and should be available to all Parties for the following reasons:
93939.00005\4r 99361 3. 1
a) Money damages are unavailable against the City
b) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property orportions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resourcss in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. c) Owner shall notbe required to post abond to obtain injunctive relief.
10.3 Release. Except for nondamage remedies and except as otherwise provided in this Agreement, including the remedy of specific performance and judicial review as provided for in Section 9.5, Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents and employees from any and all claims, demands, actions, or suits or any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liabiliry based or asserted, pursuant to Article I, Section 19 of the Califomia Constitution, the Fifth Amendment of the United States Constitution, or any other law, ordinance, or judicial decision which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agteement or because of the terms of this Agreement.
Without limiting the generality of anything in the immediately preceding paragraph, Owner, for itself and its successors and assigns, hereby expressly waives the benefit of, and any protections provided by Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
In addition to waiving the provisions of California Civil Code section 1542, the Owner hereby waives, releases, and foregoes the provisions of any federal or state statute or judicial decision of similar effect.
10.4 Termination or Modification for Default of Developer. City may terminate or modiff this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement as provided in Article 6 hereof, or to comply in good faith with the terms of this Agreement ( hereinafter referred to as " default"); provided, however, City may terminate or modify this Agreement pursuant to this Section in accordance with Article 6 hereof only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured, Owner has failed to take such actions and cure such default within sixty ( 60) days after the effective 93939.00005\41 99361 3.1
date of such notice or, in the event that such default cannot be cured within suqh sixty ( 60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.
10.5 Termination of Agreement for Default of City. Owner may terminate this Agreement only in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
ARTICLE 11. THIRD PARTY LITIGATION
11.1 General Plan Litigation. City has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. Owner has reviewed the General Plan and concurs with City's determination. City shall have no liability under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perfotm or inability to develop is as the result of a
judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with lawo or that this Agreement or any of City's actions in adopting it were invalid, inadequate or not in compliance with law.
ll.2 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. City shall promptly notifu Owner of any such claim, action or proceeding, and City shall cooperate in the defense. If City fails to promptly noti$/ Owner of any such claim, action or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify or hold harmless City. City may in its discretion participate in the defense of any such claim, action or proceeding.
11.3 Indemnity. In addition to and not as a limitation upon the provisions of Sections 1 l.l and tl.2 above, Owner shall indemnify, defend and hold harmless City, its officers, agents, employees and independent contractors free and harmless from all liability whatsoever, based or asserted upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death ( Owner' s employees included) or any other element of damage of any kind or nature, relating to or in any way connected 93939. 00005\ 41 99361 3.1
with or arising from the activities contemplated hereunder including, but not limited to, the desigt, engineering, construction, completion, operation, maintenance, repair, failure, conveyance or physical condition of the Public Improvements.
The foregoing obligation shall not apply to any claims for damages which arise through the sole active negligence or sole willful misconduct of City. Owner shall defend, at its sole cost, oxpense, and liability, including attorneys' fees, City, its officers, agents, employees, and independent contractors in any legal action based upon such alleged acts or omissions of Owner.
City may, in its discretion, participate in the defense of any such legal claim, action or proceeding and shall be entitled to reimbursement from Owner for all costs associated with such defense including, without limitation, reasonable attorneys' fees. ll.4 Environmental Contamination. Owner shall indemniff and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of Crty as successor to any portions of the Property Dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys, fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. Crty may in its discretion participate in the defense of any such claim, action or proceeding.
11.5 City to Approve Counsel. With respect to Sections I 1.1, through 11.4, inclusive, herein, City reserves the right to either ( 1) approve the attorney( s) which Owner selects, hires or otherwise engages to defend City hereundero which approval shall not be unreasonably withheld, or ( 2) conduct its own defense; provided, however, that Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.
11.6 {Intentionally left blankl
ll.7 Survival. The provisions of Sections 11.1 through 11.6 inclusive, shall survive the expiration or early termination of this Agreement.
11.8 No Waiver of Common Law or Statutory Obligations. City and Owner acknowledge and agree that this Agreement shall not constitute a waiver or abridgement of any common law or statutory obligations which Owner may have with respect to indemnification, defense, and contribution if any action or proceeding is commenced against City which is based upon this Agreement, or which is in any way related to any actions taken by Owner pursuant to this Agreement.
93939.00005\4r 99361 3.1
ARTICLE 12. MORTGAGEE PR.OTECTION
The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device secwing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agteement interpretations and modifications and agroes upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Cify will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement are subject to the provisions of Section 5.5 of this Agteement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
a) Neither entering into this Agreernent nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value.
b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner' s obligations under this Agreement. c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten ( 10) days of sending the notice of default to Owner.
The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement.
d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the morlgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance. However, to the extent that the performance of such covenant by Owner is a condition precedent to the performance of any act by the City, the City shall have no obligation to perform such act hereunder unless and until the Mortgagee performs the covenant of Owner which is the condition precedent to the City's performance. Although a Mortgagee is not obligated to perform the obligations and covenants of Owner hereunder, if the Mortgagee elects to so perform, such perfofinance shall be in full accordance with the terms of this Agreement. Any sale, transfer, or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.4 of this Agreement. 93939. 00005\ 41 99361 3.1
ARTICLE 13. MISCELLANEOUS PROVISIONS
13.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Kern County Recorder by the City Clerk within the period following the Operative Date as required by Section 65868. 5 of the Government Code.
13.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
13.3 Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in ARTICLE 7 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. Notwithstanding the foregoing, the development rights set forth in Section 6 of this Agreement are essential elements of this Agreement and Owner would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
13,4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
13.5 Section Headings. A11 section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
13.6 Singular and Plural. As used herein, the singular of any word includes the plural. 93939. 00005\ 41 99361 3.1
137 Joint and Seleral Obligations, If at any time during the teryq of this Agreement any pafi of the Property is jointly owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement as to that portion of the Property jointly owned shall be joint and several, and the default of any such owner shall be the default of all such owners.
Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided herein.
13.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
13.9 Waiver. Failure by a pafi to insist upon the strict perfonnance of any of the provisions of this Agreement by the other party, or the failure by aparty to exerrise its rights upon the default of the other party, shall not constitute a waiver of such party' s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
13.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No otherperson shall have any right of action based upon any provision of this Agreement. f3.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, government regulations, or court actions ( such as restraining orders or injunctions). If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five ( 5) years. The failure of either party to obtain or maintain financing necessary for the performance of its respective obligations and duties hereunder shall not be deemed a cause for an extension of the term of this Agreement or a cause for the extension of time for performance of any such obligation by any party hereunder unless mutually agreed to by the parties in writing.
13.12 Mutual Covenants. The covenants contained herein are mutual covenants and constitute conditions for the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party.
13.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder regarding development of the Property: ( a) is for the benefit of and is a burden upon 93939.00005\41 9936 1 3. I
eve{y portion of the Property; ( b) runs with t-hq Property arrd each portion thersof; and ( c) is binding upon each party and each successor in interest during Ownership of the Property or any portion thereof.
13.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all the parties had executed the same instrument.
13.15 Jurisdiction and Venue. Any action at law or in equify arising under this Agreement or brought by a party hereto for the pu{ pose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Kern, State of Califomia. Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Owner each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court orjurisdiction, including, without implied limitation, federal district court, due to any diversity of citizenship between the City and the Owner, due to the fact that the City is a party to such action or proceeding or due to the fact thal a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Owner and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394. The Owner acknowledges that the provisions of Section 13.15 are material consideration to the City for its entry into this Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum.
13.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the Owner of such property.
13.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carrSz out the intent and to fulfill the provisions of this Agreement or to evidence or eonsummate the transactions contemplated by this Agreement. The provisions of this Section l3.l7 shall not require the taking of any actions which are prohibited by law or, except as expressly set forth in this Agreement, including, without limitation, Section 6.7,impur the lawful legislative discretion of the City as to those matters to which the law imparts legislative discretion to the City. 93939. 00005\ 41 9936r 3.r
13.13 Eminent Domain. No provision of this Agreement shall be conslrued to limit or restrict the exercise by City of its power of eminent domain.
13.19 Agent for Service of Process. ln the event Owner is not a resident of the State of California or is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of Califomia, or is a foreign corporation, then in any such event, Owner shall file with the City Manager or his or her designee, upon its execution of this Agreement, a designation of a natural person residing in the State of Califomia, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agleement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained, and waives all objections and protests thereto.
13.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner wanants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they haslhave the authority to bind Owner to the performance of its obligations hereunder.
13.21 Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development agreements Sections 65864 through 65869. 5 inclusive) in effect as of the Effective Date. Accordingly, subject to Section 6.5 above, to the extent the subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreernent to be enforceable.
13.22 No Personal Obligation/ No Completion Obligation. This Agreement in and of itself does not represent a personal obligation of individual officers, directors, and shareholders of Owner, its successors or assigns. Nothing herein contained shall in and of itself be deemed to create an obligation of the Owner, its successors or assigns to complete the development of the entire Project as contemplated, or any portion thereof. No officer, official, employee, agent, contractor, or attorney of the City shall have any personal liability or obligation for the performance of the City's obligations hereunder.
93939. 00005\ 41 9936r 3. 1
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SlVe Series
The Skye Series offers brand- new single-family homes for sale, including Next Gen@ floor" plans, at the Marcona Preserve master- planned community in Baker" sfield, CA.
Residents enioy a low HOA and convenient proximity to great local attnactions, neanby walking trails, parks and golf courses. Plus, the community is situated close to Highway 99 for" simplified commutes and access to all that North Bakersfield has to offer.
Plans
Moonlight X Alpenglow X
4 bd . 2 ba . 2,271ft' 4 bd . 3 ba . 2,430 ft'
Solstice X
4 bd . 3 ba . 2,6O9 ft'
Borealis
4 bd . 3 ba . 2,508 ft'
Skye Series
Moonlight X
4 bd .2 ba.2,271ft'
1st Fioor
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Solana Series
The Solana Series offers brand- new single- family homes fon sale, including Next Gen@ floor" plans, at the Marcona Preserve master- planned community in Bakersfield, CA.
Residents enjoy onvenient proximity to great local attractions, neanby walking tnails, panks and golf courses. Plus, the community is situated close to Highway 99 for simplified commutes and access to all that North Bakersfield has to offen Plans
Arroyo Bodega
4bd.2 ba.'1,820 ft' 5 bd . 3 ba . 2,'169 ft'
Esplanade
3 bd . 3 ba . 2,589 ft'
LENNAFI'
Cabrillo
5 bd . 3 ba . 2,280 ft"
Solana Series
Arroyo
4bd. 2 ba . 1,820 ft'
lst Floor
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EXHIBIT * F'TO
REVISED TENTATIVE TRACT NO.7244
DEVELOPMENT AGREEMENT NO. 23- 2I
Recording Requested by,
When Recorded Mail to
And Mail Tax Statements to
Attention:
Space Above This Line Reserved For Recorder' s Use
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREBMENT
This Assignment and Assumption of Development Agreement (" Assignment") is made this _ day of (" Assignor") and
LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company Assignee") with reference to the following facts:
A. Assignee is the owner of that certain real property, described in Exhibit attached hereto and incorporated herein (the "Property").
B. Assignor entered into an escrow agreement to purchase the Property from Assignee. Pursuant to said escrow agreement, Assignor entered into that certain Development Agreement No. 23-21 (" Development Agreement"), as of with the City of Shafter, a Califomia municipal cotporation (" City"). The Development Agreement was recorded on as instrument no in the official records of the Kern County Recorder.
C. Assignor has relinquished all of its interest in the escrow agreement, and now desires to assign the Development Agreement to Assignee. Assignee desires to assume all of Assignor' s rights, duties, and obligations under the Development Agreement which has been reviewed and approved by the City.
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein, and for good and valuable consideration, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows:
by-,a
9393 9.00005\ 4 1 9936 I 3. I
1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.
2. Assignment and Assumption. Assignor hereby sells, transfers and assigns to Assignee, and Assignee hereby expressly and unconditionally assumes all the rights, duties and obligations of Assignor under the Development Agreement, including, without limitation, all of the general rights, duties and obligations of Assignor under the Development Agreement for the development of the Property, the covenant not to sue and the waiver contained in Section 7.5 of the Development Agreement. Assignee agrees to observe and fully perform all of Assignor' s obligations under the Development Agreement, and to be subject to all the terms and conditions thereof, it being the express intention of both Assignor and Assignee that, upon execution of this Assignment, Assignee shall become substituted for Assignor as the "Owner" under the Development Agreement.
3. Secured Oblieations. Assi gnee has provided the City with security equivalent to any security previously provided by Assignor to secure performance of its obligations under the Development Agreement.
4. Release of Assignor. Pursuant to section 2.4.2 of the Development Agreement, Assignor shall be free from any and all liabilities accruing on or after the date hereof with respect to the Development Agreement. No breach or default under this Assignment or the Development Agreement by Assignee shall be attributed to Assignor.
5. Governins Law. This Assignment is made and entered into in the State of California and shall be interpreted, construed and enforced in accordance with the laws of the State of California. Venue shall be in Kern County.
6. Bindins Effect This Assignment shall apply to, bind, and inure to benefit of Assignor and Assignee, and their respective heirs, legal representatives, successors and assigns.
7. Counterparts. This Assignment may be executed in one or more counterparts, each of which shall be an original, but all of which shalltogether constitute one instrument.
Signatures on Following Pages]
93939. 0000s\ 4 I 9936 I 3. 1
IN WITNESS WHEREOF, this Assignment has been executed as of the date first above written.
ASSIGNOR"
LENNAR HOMES OF CALIFORNIA, LLC, A
Califomia limited liability company
Name
ASSIGNEE"
a
B
Name:
Its:
continuedl
By:
Its:
93939. 00005\ 41 993613. 1
The City of Shafter hereby approves of this Assignment and acknowledges that Assignor, having satisfied the conditions to the release set forth in Section 2.4.2 of the Development Agreement, shall be released from its obligations under the Development Agreement
CITY OF SHAFTER, a California municipal law
corporation
By:
Name
Its:
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM
BEST BEST & KRIEGER LLP
By:
City Attorney
93939. 0000s\ 41 993613. I
ALL.PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me,
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity(ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
trlndividualtr Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s) Title or Type of Document
tr Partne(s) tr
tr
tr Attorney- ln- Facttr Trustee( s)
tr Guardian/ Conservatortr Other:
Limited
General
Number Of Pages
Date Of Document
Signer is representing:
Name Of Person( s) Or Entity( ies)
93939. 0000s\ 4r 9936 l 3. l
Signe( s) Other Than Named Above
EXHIBIT A TO EXHIBIT " F''
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT " A"
LEGAL DESCRIPTION
DEVELOPMENT AGREEIIIIENT BOUNDARY
ALL THESF PORTIONS OF LOT 3 AND LOT A OF TRACT 7333 RECOROED DECEMBER 1 I
zo, t 8 IN BOOK 63 OF MAPS, PAGES 9 THROUGH 13 AND LOTS A THROUGH D OF LOT LINE ADJUSTMENT NO. 22.089 RECORDED MARCH 22, 2023 AS DOCUMENT NO. 223A32366 OFFICIAL RECORDS, BOTH RECORDED IN THE OFFICE OF THE KERN COUNTY RECORDE& ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 36.
TOWNSHIP 28 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE CIW OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.
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BRIAN R.
BLACKLOCI(
P:IPROJECTSU8056. 03+IRLENN\Legal$Tnat 7244 Le98l Oosc-Oevahpm.nl Agmmntdd JAGS/ IX2023 93939. 0000s\ 41 9936 13. I
EXHIBIT * G'TO
REVTSED TENTATIVE TRACT NO. 7244
DEVELOPMENT AGREEMENT NO. 23.2I
PARK IMPROVEMENTS
Per the Marcona Preserve Specific Plan approved December 20, 2022 ( Ordinance No. 744), there are two parks found within Revised Tentative Tract No. 7244. A brief description of the two parks can be found in the table below:
In lieu of paying a Park Impact Fee for each single-family residence, the Developer may design and fully construct publicly accessible parks included in the City- approved Marcona Preserve Specific Plan, which shall be completed within eight ( 8) months of commencing park construction.
PA- 2 & PA- 3
Per the approved Marcona Preserve Specific Plan and Conditions of Approval for revised Tentative Tract No. 7244, the following is applicable to the 1.01-acre park to be developed within PA- 2 and the L75- acre park to be developed within PA- 3:
r The parks will be connected to a multi- use walkway along Jewetta Avenue, the Specific Plan' s main roadway.
r The parks will be primarily passive recreation areas and may include amenities such as a children' s play area with adjacent seating and paths, multipurpose turl bike racks, picnic tables, and other park furniture.
o Sidewalks will connect the two parks ( 1.01 acre and L.75-acre located east and west of Jewetta Avenue).
o Site- specific design of the parks shall be determined and executed by a landscape architect and shall meet the approval of the Planning Director or hislher designee. o Lighting within the parks will be consistent with street lighting along Jewetta Avenue. o Landscaping will be consistent with the landscape design along Jewetta Avenue. o The developer will include signage at the parks in compliance with Exhibit 3-7 of the Specific Plan.
o A block wall with pilasters will be built along the residential property lines adjacent to the parks.
o A11 hardware or equipment supplied shall be installed in accordance with City Standards or the manufacfurer' s requirements, has been inspected for conformance with applicable codes and passed, and is ready for use by the City or the public in general.
Plannins Area Acres Location
PA.2 1.01 SW quadrant west of Jewetta Avenue
PA- 3 t.75 SE quadrant east of Jewetta Avenue
93939. 0000s\ 41 99361 3.r
o
Prior to recordation to the final map and issuance of residential occupancy permit for subject phase, the park sites will be fully constructed, landscaped, and completed pursuant to City approval and dedicated to the City.
The approval of the parks will include recordation of any document specifuing the mechanism for maintenance and funding of park consfiuction as well as long-term maintenance of park facilities and amenities.
PA-3 Onlv
Per the approved Marcona Preserve Specific Plan and Conditions of Approval for revised Tentative Tract No. 7244, the following is only applicable to the 1.75-acre park to be developed within PA-3:
a The developer will obtain approval from the City for the design of the recreation center. The approval will include recordation of any document specifiiing the mechanism for maintenance and funding ofpark construction, including recreation center, as well as long- term maintenance of park facilities and amenities.
93939.00005\4r 993613. 1
Penalty of Perjury Statement
I hereby certiff under penalty of perjury, under the laws of the State of Califomia, that the copy affixed to the within document, while not being photographically reproducible, can be read.
place of Execution: Shafter' california ( City, State)
Date: April24, 2024
Cfiy op {unfrER
Signature ( and firm name, if any)
gaAv€ ec4€ur'"nN
Attach clarity copy hereto)
Exhibit B (Sheet 1 of 4): FIBER, FIBER, FIBER
Exhibit B (Sheet 2 of 4): FIBER, FIBER, FIBER
Exhibit B (Sheet 3 of 4): FIBER, OH, FO, OH, FO, OH, 14' SHELL OIL, OIL, OIL, OIL, G, OIL, G, G, OIL, G, OIL, CITY OF BAKERSFIELD, CITY OF SHAFTER, 12'' SHELL, OIL, 16'' CHEVRON, G, OIL, G, OH, OH, G, 16'' CHEVRON, I2'' SHELL, G, OIL, C.L. ROW, G, oIL
Exhibit B (Sheet 4 of 4): FIBER, C.L. ROW, G, OH, OIL, ORCHARD TREES, OIL, 14"
SHELL OIL, G, OIL, OH, OIL, FO, CITY OF BAKERSFIELD, CITY OF SHAFTER, G, OIL,
OH, G, OIL, OH, FO, OIL, OH, FO, OIL, OH, OIL
EXHIBIT 3
ORDINANCE NO. 763
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA, APPROVING AND ADOPTING EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 23-21 FOR REVISED TENTATIVE TRACT NO. 7244 AS SHOWN IN EXHIBIT “A”.
WHEREAS, the City of Shafter (“City”) and Lennar Homes of California, LLC (“Owner”), entered into a Development Agreement (“DA”) approved April 16, 2024, and recorded April 25, 2024, as Entry No. 224047405 in the office of the Kern County Recorder; and WHEREAS, DA No. 23-21 guides the development of Revised Tentative Tract No. 7244, including rules for subdivision and collection of impacts fees; and WHEREAS, after the approval of DA No. 23-21, FranMar Company, LP, the owner of Tentative Tract No. 7483 adjacent to Revised Tentative Tract No. 7244, reached out to staff stating that when DA No. 23-21 for Revised Tentative Tract No. 7244 was recorded, the legal description attached to the DA inadvertently included the property for Tentative Tract No. 7483; and WHEREAS, the Owner has requested revisions to DA No. 23-21 as described in Exhibit “A” (“First Amendment”) to replace the current legal description in the DA with a revised legal description that excludes the property for Tentative Tract No. 7483; and WHEREAS, the Planning Commission of the City of Shafter unanimously recommended the City Council adopt First Amendment to DA No. 23-21 on February 11, 2025; and WHEREAS, the City Council has determined that, per Section 15061(b)(3) of the California Environmental Quality Act Guidelines, it can be seen with certainty that the action will not cause a significant effect on the environment, and therefore, the action is exempt from CEQA; and
WHEREAS, the City Council, through the City Clerk, did set Tuesday, March 4, 2025, 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.
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. Based on the entire record before the City Council and all written and oral evidence presented to the Council, the Council finds the First Amendment to the DA attached here to as Exhibit “A” is consistent with the General Plan and systematically implements the goals and objectives of the General Plan. The First Amendment will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to the general welfare of the residents of the City as a whole.
Shafter City Council Ordinance No. 763
March 18, 2025
SECTION 3. The First Amendment will not adversely affect the orderly development of property or the preservation of property values.
SECTION 4. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council hereby finds and determines, that it can be seen with certainty that adoption of this Ordinance and approval of the First Amendment will not have a significant adverse effect on the environment. Thus, the adoption of this Ordinance and approval of the First Amendment is exempt from the requirements of CEQA pursuant to Sections 15061(b)(3) of the CEQA Guidelines.
SECTION 5. 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 the First Amendment, as shown in Exhibit “A”, attached hereto, and made part of this Ordinance as though fully set forth herein.
SECTION 6. 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 7. The Council hereby approves the First Amendment in substantially the form presented to the Council, together with such additions favoring the City and non-substantive revisions as may be approved by both the City Manager and the City Attorney during execution of the First Amendment.
SECTION 8. The City Manager is hereby authorized to execute the First Amendment on behalf of the City and City staff is authorized to take any action and execute all necessary documents to implement the First Amendment.
SECTION 9. The City Clerk is directed to record the First Amendment with the Kern County Recorder, no later than 10 days after the First Amendment is fully executed.
SECTION 10. This Ordinance shall take effect 30 days after its final passage and adoption and, within 20 days after its adoption, a copy of same shall be published and circulated in the City of Shafter together with the names of the members of the City Council voting for and against the same.
Shafter City Council Ordinance No. 763
March 18, 2025
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF MARCH, 2025. _____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_____________________________
Marco A. Martinez, City Attorney
RECORDING REQUESTED BY,
AFTER RECORDING RETURN TO
City of Shafter
Attn: City Clerk
336 Pacific Ave.
Shafter, CA93263
Exempt from filing fees per Gov't Code $27383
(space above for Recorder's use)
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT NO. 23-21
BETWEEN CITY OF SHAFTER
AND LENNAR HOMES OX' CALIFORNIA, LLC
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 23-2l BETWEEN CITY OF SHAFTER AND ("First Amendment") is entered into effective as of the _ day of 202 ("First Amendment Effective Date"), by and between CITY OF SHAFTER, a California municipal corporation and charter city ("City") and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company ("Owner"). The City and Owner are sometimes hereinafter referred to as a
o'Patt7".
RECITALS
A. City and Owner entered into that certain Statutory Development Agreement, a Development Agreement Between City of Shafter, a California municipal corporation and charter city, and Lennar Homes of California, LLC, a California limited liability company, dated April 2, 2024, recorded Aprrl 25, 2024, as Entry No. 224047405 in the office of the Kern County Recorder ("Development Agreement").
B. The Development Agreement affects certain real property located in Kern County, California, as more fully described on Exhibit A attached hereto and incorporated herein by reference ("Property").
C. The Parties now wish to amend the Development Agreement to revise the legal description found in both (l) Exhibit A and (2) Exhibit A of Exhibit F of the Development Agreement with Exhibit B attached hereto in order to exclude Lot A of Tract 7333 rccorded December 11, 2018 in Book 63 of Maps, Pages 9 through 13, from the legal description of the property under the control of Development Agreement No. 23-21 which was recorded inadvertently.
AMENDMENTS
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owner agree to amend the Development Agreement as follows:
1. Recitals; Defined Terms. The recitals above are hereby incorporated herein by this reference as if fully set forth in this paragraph. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Development Agreement.
2. Term. Exhibit A and Exhibit A of Exhibit F of the Development Agreement are revised with Exhibit B attached hereto.
3. Confirmation. Except as amended and revised by this First Amendment, all terms and conditions in the Development Agreement remain unchanged and in full force and effect. In the event of any conflict between the terms of this First Amendment and the Development Agreement, this First Amendment shall control. This First Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WIIEREOF, City and Owner have executed this First Amendment. [S ignature s and Aclcnow ledgments FollowJ
OWNERS:
By:___,....,..._.,,__,,_� -�----- Name: __ �+-'�'------=���---- Its: ---��=�----'----'-=--"-=="-=-'--'--'---
CITY:
CITY OF SHAFTER, a California municipal
corporation and chaiier city
Chad Givens
City of Shafter Mayor
ATTEST:
Y azmina Pallares
City Clerk
APPROVED AS TO FORM:
Marco Martinez
City Attorney
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accl'nacy, or validity of that document.
STATE OF CALIFORNIA
COLINTY OF KERN
)
)ss
)
on Der- z3 ,2-6LA ,before-., -4. T)\c.rn ,Notary
Public, personally appeared
on the basis of satisfactory
p1 ,\z.c-- Mr\t{lr , who proved to me
evidence to be the person\ whose nu*{q is/are subscribed to the within instrument and acknowledged to me that@lshe/they ir@her/their authorized capacity(bs.), and that Uy@$rerlttreir signatur"rhl on the instrument the p"rrorrQ, o, the entity upon behalf of which the person\Q acted, executed the instrument. executed the same
I certift under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal
Public
EXHIBIT ..A'TO
REVISED TENTATIVE TRACT NO.7244
DEVELOPMENT AGREEMENT NO. 23.2I
Legal Description of Property
EXHIBIT "A"
LEGAL DESCRIPTION
DEVELOPMENT AGREEMENT BOUNDARY
ALL THESE PORTIONS OF LOT 3 AND LOT A OF TRACT 7333 RECORDED DECEMBER 11, 2018 IN BOOK 63 OF MAPS, PAGES 9THROUGH 13 AND LOTS ATHROUGH D OF LOT LINE ADJUSTMENT NO. 22-089 RECORDED MARCH 22,2023 AS DOCUMENT NO. 223032368 OFFICIAL RECORDS, BOTH RECORDED IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSH]P 28 SOUTH, MNGE 26 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.
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BRIAN R.
BLACKLOCI(
P:\pROJECTSl16055.03-lfiLENHUegslB\Tmd 7?44 Lcgal Doso-Dotdopmont AgIlsmonl,do(,( JAGS/U023 93939.00005\41 99361 3.1
EXHIBIT "B"
LEGAL DESCRIPTION
DEVELOPMENT AGREEMENT BOUNDARY
ALL OF TRACT No. 7244 PHASE 1, FILED FOR RECORD ON DECEMBER 17, 2024 IN MAP BOOK 68, PAGES 16-26, LOT 3 OF TRACT No. 7333, FILED FOR RECORD ON DECEMBER 11, 2018 IN MAP BOOK 63, PAGES 9-13 AND LOTS "B", "C" & "D" OF LOT LINE ADJUSTMENT No. 22-89 PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 22, 2023 AS DOCUMENT No. 223032366 OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 28 SOUTH, RANGE 26 EAST, M.D.M., IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.
CONTAINING 105.85 ACRES, MORE OR LESS
THIS LEGAL DESCRIPTION IS NOT A LEGAL FOR PARCELS OF LAND AS DEFINED IN THE SUBDIVISION MAP ACT. HOWEVER, IT DOES REPRESENT THE DESCRIPTION OF LAND/PARCELS BEING INCLUDED IN A DEVELOPMENT AGREEMENT. la MCINTOSH
1111 & AssOCIATES
NEW GEN ENGINEERING GROUP
661-834-4814 • 661-834-0972
10800 Stockdale Hwy, Suite 103 • Bakersfield, CA 93311
P:\PROJECTS\16055.03-HRLENN\Legals\Tract 7244 Legal Desc_Development Agreement Revised.docx MEN 1/03/2025
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: TRACT NO. 6614 PHASE 1 FINAL MAP APPROVAL
RECOMMENDATION
Council find that the approval of the final map is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and approve the final map for Tract No. 6614 Phase 1.
BACKGROUND
Tract No. 6614 Phase 1 has an area of 47.36 gross acres and consists of 130 residential lots, a 2.85-acre public park, a public paseo, a retention basin, and a public landscaping lot. It is located in the Orchard Park Specific Plan area, east of Beech Avenue between Tulare Avenue and Fresno Avenue. The Tentative Tract Map 6614 was approved by the City Council on September 19, 2006, and the Substantial Conformance Map for phases 1 and 2 was approved on October 13, 2023.
Tract No. 6614 Phase 1 is being developed by LGI Homes, LLC. All improvements will be performed in accordance with the conditions of approval, City standards, and the approved plans for the development. No completed improvements have been accepted by the City Council and will not be presented to Council for acceptance until all are completed to the satisfaction of the City Engineer. Exhibit 1 of this report shows the location of the tract, and Exhibit 2 shows the final map for the tract.
The developer, LGI Homes, provided a performance bond equal to 100% of the engineer’s estimate, which received Council authorization on March 4, 2025. The developer also provided a labor and materials bond equal to 100% of the engineer’s estimate, in compliance with the City’s Subdivision Ordinance (Municipal Code Title 16). The City of Shafter and the developer signed an “Agreement for Completion of Public Improvements” for Tract 6614 Phase 1, which is on file with the City Engineer.
ANALYSIS
The City Engineer has reviewed the map and finds that it meets the requirements of the Subdivision Map Act, the Subdivision Ordinance, and the approved Tentative Tract Map with approved alterations thereof. The City Surveyor has signed the map, stating it is technically correct. The Planning Director has signed the map, stating that it is substantially the same as it appeared on the approved Tentative Tract Map, the approved Substantial Conformance Map, and in accordance with any conditions. All applicable Conditions of Approval have been or shall be met prior to recording of the
TRACT NO. 6614 PHASE 1 FINAL MAP APPROVAL
- 2 -
map.
ALTERNATIVES
Council could vote not to approve the final map, and it would not be recorded. In accordance with Government Code §66458, Council can only deny approval of the final map if it is determined that the map does not comply with the local subdivision ordinance applicable at the time the tentative map was conditionally approved. The attached final map is consistent with the approved tentative map, the approved substantial conformance map, and complies with the City of Shafter Subdivision Ordinance. Therefore, Staff does not recommend the alternative option. Staff recommends approval of the final map for Tract No. 6614 Phase 1.
NEXT STEPS
If Council approves the final map, it will be signed by the City Clerk and appropriate Staff. The Final Map and Improvement Agreement will be subsequently recorded at the Kern County Assessor/Recorder's Office. The developer can apply for building permits to begin home construction once the map is recorded, subject to any remaining conditions of approval.
FISCAL IMPACT
There is no fiscal impact directly resulting from the approval of this final map. Indirectly, the approval may expedite the development of this residential tract. Development of residential projects typically results in increased one-time building-related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.
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 final map and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment that have not already been previously analyzed and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Vicinity Map
2. Tract No. 6614 Phase 1 Final Map
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DRAKE
DR
BUTTE
CT CLOVER CT
DATE
CT
ALDRICH
DR
BOXWOOD
PL
DRIFTWOOD
CT
LEMONGRASS WAY
E
L
D
E
R
B
E
R
RY
PL
HOLYBERRY CT
PLUMTREE CT
DEWBERRY WAY
ACALA CT
HAZELWOOD PL
SONORA DR
PAPAYA PL
NECTAR PL
APPLEGATE PL
MAPLE ST
PINE ST
ELM ST
OAK ST
WALNUT ST
CROSS ST
BRIARWOOD
PL
M
A
H
O
G
A
N
Y
D
R
BLAKE AVE
BEECH AVE
E FRESNO AVE
E TULARE AVE
Copyright nearmap 2015
Site Locations
City Limits
TRACT BOUNDARY
This map and the data contained within it was generated by the City of Shafter. Please consult the City of Shafter Planning Department with any questions, concerns, or potential inaccuracies that may be associated with this document.
Credits: Esri, HERE, City of Shafter, Nearmap Inc. - Aerial Imagery as of February 2024 0 0.1 0.2 0.4 Miles ¯
TRACT NO. 6614 PHASE 1 VICINITY MAP
OllfifS STATB&lT"
WE. HEREBY STATE THAT WE. ARE THE OWNERS OF, OR HAVE SOME RIGHT, Tlill, OR INTEREST IN AND TO, THE REAL PROPERTY INCLUDED WlTHIN THE SUBDIVISION SHOWN UPON THIS MAP, AND THAT EXCEPT AS SHOWN ON THIS MAP AND STATEMENTS MADE A PART THEREOF, WE. ARE THE ONLY PERSONS \lvHOSE CONSENT IS NECESSt\RY TO PASS CLEAR Tiill TO SAID PROPERTY, AND WE. CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP AND SUBDIVISION AS SHOWN WlTHIN THE DISTNCTIVE BORDER LINES, AND HEREBY OFFER FOR DEDICATION TO THE PUBLIC AUL THE STREETS SHOWN UPON SAID MAP WITHIN SAID SUBDIVISION.
WE. ALSO HEREBY DEDICATE TO THE CITY OF SHAFTER AND THE PUBLIC, ALL THE REAL PROPERTY LOCATED WlTHIN THE STREET RIGHT-OF-WAY AS SHOWN UPON THE MAP, SAID PROPERTY TO BE USED FOR STREET AND PUBLIC UTILITY PURPOSES.
WE. ALSO HEREBY DEDICATE FOR PUBLIC USE THE EASEMENTS FOR PUBLIC UTILITIES UNDER, ON, OR OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "PUBLIC UTILITIES EASEMENT" (P.U.E.) AS SHOWN ON SAID MAP WlTHIN SAID SUBDIVISION.
WE. ALSO HEREBY DEDICATE FOR PUBLIC USE THE EASEMENTS FOR PEDESTRIANS ON THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "PEDESTRIAN EASEMENT'' (P.E.) AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION.
WE. ALSO DEDICATE FOR PUBLIC USE, EASEMENTS FOR WALL FOOTING PURPOSES, UNDER, ON, OR OVER THOSE CERTAIN STRIPS OF LAND LYING ADJACENT TO THE FRONT, BA.CK, AND/OR SIDES OF LOTS 1-14, 39-52, 72, 73, 94, 95 AND 108 DESIGNATED AS ''WALL FOOTING EASEMENT" (W.F.E.), AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION.
WE. ALSO HEREBY DEDICATE TO THE CITY OF SHAFTER AND THE PUBLIC, ALL OF LOT "A", AS SHOWN UPON MAP, FOR PUBLIC STORM DR.t>JN EASEMENT PURPOSES.
WE. ALSO HEREBY DEDICATE TO THE CITY OF SHAFTER FOR PUBLIC LANDSCAPE PURPOSES UNDER, ON, AND OVER, AUL OF LOT "B" AND ALL OF LOT "D", AS SHOWN ON SAID MAP.
WE. ALSO HEREBY DEDICATE TO THE CITY OF SHAFTER FOR PUBLIC PARK PURPOSES UNDER, ON, AND OVER, ALL OF LOT "c", AS SHOWN ON SAID MAP.
WE. ALSO HEREBY WAIVE AUL RIGHTS OF DIRECT ACCESS FROM LOTS 1-13 TO BEECH AVENUE, AS SHOWN ON SAID tv\11,P.
WE. ALSO HEREBY W/WE AUL RIGHTS OF DIRECT ACCESS FROM LOTS 42-51 TO TULARE AVENUE, AS SHOWN ON SAID MAP.
WE. ALSO HEREBY WAIVE AUL RIGHTS OF DIRECT ACCESS FROM LOT 1 TO APPLIEGATE PLACE, AS SHOWN ON SAID MAP.
WE. ALSO HEREBY WAIVE AUL RIGHTS OF DIRECT ACCESS FROM LOTS 27-28, 101-102 TO BOXWOOD PLACE, AS SHOWN ON SAID MAP.
WE. ALSO HEREBY WAIVE AUL RIGHTS OF DIRECT ACCESS FROM LOTS 109 & 130 TO BRIARWOOD PLACE, AS SHOWN ON SAID MAP.
WE. ALSO HEREBY W/WE AUL RIGHTS OF DIRECT ACCESS FROM LOTS 120 & 121 TO Mt>,HOGANY DRIVE, AS SHOWN ON SAID MAP.
WE. ALSO HEREBY WAJVE ALL RIGHTS OF DIRECT ACCESS FROM LOTS 43, 61-62, & 83-84 TO HAZELWOOD PLACE, AS SHOWN ON SAID tv\11,P.
WE. ALSO HEREBY WAIVE AUL RIGHTS OF DIRECT ACCESS FROM LOTS 51-52, 72-73, 94-95, & 108 TO LOT 'B', AS SHOWN ON SAID MAP.
WE. ALSO HEREBY W/WE AUL RIGHTS OF DIRECT ACCESS FROM LOTS 13-14 AND LOTS 39-42 TO LOT 'A', AS SHOWN ON SAID MAP.
AUL EASEMENTS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND.
LGI HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
KEITH SPRAGUE
OFFCER
NOTARY ACKNOWLEDGMENT
DATE
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THESE CERTIFICATES VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF KERN
ON ____________ BEFORE ME, _____________ , A
NOTARY PUBLIC, PERSONALLY APPEARED ________________ , WHO
PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY
EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE: MY COMMISSION EXPIRES: _____ _
PRINTED NAME: MY COMMISSION I.D. NO.: _____ _
MY COMMISSION IS IN THE COUNTY OF KERN
TRACT 6614 PHASE 1
CONSISTING OF 8 SHEETS IN THE CITY OF SHAFTER
BEING A DIVISION OF PARCEL 1 OF LOT LINE ADJUSTMENT #23-95 AS EVIDENCE BY A CERTIFICATE OF COMPLIANCE RECORDED 08/22/2024 AS INSTRUMENT NO. 224099696, O.R., ALSO BEING A PORTION OF NORTHWEST QUARTER OF SECTION 11, T. 28S., R. 25 E., M.D.M., IN THE CITY OF SHAFTER, THE COUNTY OF KERN, THE STATE OF CALIFORNIA.
47.36 ACRES - 130 LOTS - 4 LETTERED LOTS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, STATEMENTS CONSENTING TO THE PREPARATION AND RECORDATION OF THIS MAP HAVE BEEN OMITTED FOR THE FOLLOWING ENTITIES:
NAME
UNITED STATES OF AMERICA
TEXAS CRUDE ENERGY, INC
NATURE OF INTEREST
WATER PIPELINE EASEMENT, RECORDED JULY 18, 1956 PER BOOK 2638, PAGE 62 OF OFFICIAL RECORDS. (LOCATION OF EASEMENT CANNOT BE DETERMINED FROM THE RECORD INFORMATION).
OIL AND GAS LEASE RECORDED JUNE 21, 1995 PER DOCUMENTS
0195073466, 0195073469, AND 0195073470, O.R.
TEXAS CRUDE ENERGY, INC OIL AND GAS LEASE RECORDED JULY 11, 1995 PER DOCUMENTS 0195081530 AND 0195081531, O.R.
CALIFORNIA RESOURCE CORPORATION, OIL, GAS, WATER PIPELINE EASEMENT PER RECORD DOCUMENT LLC (PREV. CHEVRON U.S.A. INC) 02031 24031, O.R.
CITY OF SHAFTER
CITY CLERK'S STATEMENT
RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE LAND LYING WITHIN ANY ROAD, STREET, ALLEY OR HIGHWAY PER K.C.L.C.
SALES MAP S 11, T28S/R25E, PAGE 18, DATED FEBRUARY 6, 1913 .
THE CITY COUNCIL OF THE CITY OF SHAFTER HEREBY ORDERS THAT THE MAP OF TRACT NO. 6614 PHASE 1,
IS APPROVED, THAT ALL EASEMENTS AND ACCESS RIGHTS SHOWN UPON THIS MAP AND HEREON OFFERED
FOR DEDICATION BE AND THE SAME ARE HEREBY ACCEPTED FOR THE PURPOSES FOR WHICH THE SAME ARE
OFFERED, THAT THE STREETS SHOWN UPON THIS MAP AND HEREON OFFERED FOR DEDICATION BE AND THE
SAME ARE HEREBY ACCEPTED FOR PUBLIC USE SUBJECT TO CONSTRUCTION OF ALL IMPROVEMENTS BY THE
SUBDIVIDER AND ACCEPTANCE OF ALL IMPROVEMENTS BY THE CITY OF SHAFTER, AND THAT THOSE STREETS AND EASEMENTS NOTED TO BE ABANDONED ON THIS MAP ARE, IN ACCORDANCE WITH SECTION 66434(g) OF THE SUBDIVISION MAP ACT, HEREBY ABANDONED. IT DIRECTS THE CLERK OF THIS COUNCIL TO ENDORSE
UPON THE FACE OF THIS MAP, THIS ORDER AUTHENTICATED BY THE SEAL OF THE CITY COUNCIL OF THE CITY OF SHAFTER.
I HEREBY STATE THAT THE FOREGOING ORDERS WERE APPROVED BY THE
CITY COUNCIL OF THE CITY OF SHAFTER AT A MEETING HELD
YAZMINA PALLARES, CITY CLERK
CITY OF SHAFTER
RIGHT TO FARM NOTICE
DATE
ALL YOUR REAL PROPERTY IS NEAR PROPERTY USED FOR AGRICULTURAL OPERATIONS, YOU MAY BE SUBJECT TO INCONVENIENCES OR DISCOMFORTS ARISING FROM SUCH OPERATIONS ON ANY 24 HOUR BASIS. SAID
DISCOMFORTS MAY INCLUDE, BUT NOT BE LIMITED TO EQUIPMENT NOISES, ODORS FROM MANURE OR OTHER CHEMICALS, AND DUST OR SMOKE. THE CITY HAS DETERMINED THAT THE USE OF REAL PROPERTY FOR
AGRICULTURAL OPERATIONS IS HIGH PRIORITY AND FAVORED USE TO THE CITY AND KERN COUNTY AND WILL
NOT BE CONSIDERED A NUISANCE FOR THOSE INCONVENIENCES OR DISCOMFORTS ARISING FROM
AGRICULTURAL OPERATIONS, PROVIDED SUCH OPERATIONS ARE CONSISTENT WITH ACCEPTED CUSTOMS, STANDARDS, AND LAWS.
LICENSED SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LGI HOMES, A LIMITED LIABILITY COMPANY OF CALIFORNIA, IN NOVEMBER OF 2023. I HEREBY
STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE -----------� AND THAT THE
MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL
MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP AND IS TRUE AND COMPLETE AS SHOWN.
JASON VANCUREN
L.S. 7439
DATE
CITY SURVEYOR'S STATEMENT
I, ROLLAND J. VAN DE VALK, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, AND THAT
TO THE BEST OF MY KNOWLEDGE AND BELIEF, I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.
ROLLAND J. VAN DE VALK, P.L.S. 7214
CITY SURVEYOR, CITY OF SHAFTER
CITY ENGINEERING'S STATEMENT
DATE
I, RAVI PUDIPEDDI, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION
AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP IN
ACCORDANCE WITH ANY CONDITIONS APPROVED BY THE CITY COUNCIL AND ANY APPROVED
ALTERATIONS THEREOF AND THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 16 OF THE SHAFTER MUNICIPAL CODE APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
RAVI PUDIPEDDI, R.C.E. 75105 , EXP. 12/31 /25
CITY ENGINEER, CITY OF SHAFTER
PLANNING DIRECTOR'S ST A TEMENT
DATE
I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVED OR
CONDITIONALLY APPROVED THE TENTATIVE TRACT MAP AND ANY APPLICABLE EXTENSIONS THEREOF AT THEIR MEETING HELD ON SEPTEMBER 19, 2006 AND THE CHANGES TO THE REVISED MAP PER SUBSTANTIAL CONFORMANCE APPROVED ON OCTOBER 31, 2022 . THE
SUBDIVISION AS SHOWN ON THE FINAL MAP IS SUBSTANTIALLY THE SAME AS IT APPEARED
ON THE TENTATIVE MAP, THE SUBSTANTIAL CONFORMANCE, AND IN ACCORDANCE WITH ANY CONDITIONS APPROVED BY THE CITY COUNCIL.
STEVE ESSELMAN DATE
PLANNING DIRECTOR, CITY OF SHAFTER
ABANDONMENT NOTE
UPON RECORDATION OF THIS MAP, THE FOLLOWING EASEMENTS WILL BE ABANDONED WITHIN THE BOUNDARY OF THIS MAP IN ACCORDANCE WITH SECTION 66434(g) OF THE SUBDIVISION MAP ACT.
1. 30' WIDE PUBLIC ACCESS EASEMENT PER SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FILES FEBRUARY 6, 191 3 IN THE OFFICE OF KERN KERN COUNTY RECORDER.
GENERAL NOTE
IF DURING GRADING OR CONSTRUCTION, ANY PLUGGED, ABANDONED OR UNRECORDED OIL
OR GAS WELLS ARE UNCOVERED OR DAMAGED, THE CALIFORNIA DEPARTMENT OF
CONSERVATION/ GEOLOGIC ENERGY MANAGEMENT DIVISION (CDC-CALGEM) SHALL BE CONTACTED TO INSPECT AND APPROVE ANY REMEDIATION REQUIRED.
IF ANY ABANDONED WATER WELLS ARE LOCATED WITHIN THE DEVELOPMENT OR
DISCOVERED DURING EXCAVATION OR GRADING, THE KERN COUNTY PUBLIC HEALTH
DEPARTMENT - ENVIRONMENTAL HEALTH SERVICES PROGRAM MUST BE CONTACTED TO OBTAIN INFORMATION FOR THE PROPER PERMITTING AND DESTRUCTION PROCEDURES.
NOTICE
A PRELIMINARY SOILS REPORT PREPARED BY ENGEO, INC., DATED JUNE 1, 2022, UNDER THE SIGNATURES OF MARLON OSEGUERA, P.G. 9960, MANASA VIJAYAKUMAR, R.C.E 89130, AND JOSEF J. TOOTLE, R.G.E 2677, IS ON FILE IN THE OFFICE OF THE CITY BUILDING OFFICIAL.
AN UPDATED PRELIMINARY SOILS REPORT PREPARED BY KRAZAN AND ASSOCIATES, INC., DATED JULY 12, 2023, UNDER THE SIGNATURE OF RYAN K. PRIVETT, R.C.E 59372, IS ON FILE IN THE OFFICE OF THE CITY BUILDING OFFICIAL.
RECORDER'S STATEMENT
FILED THIS ___ DAY OF __________ , 20 __ , AT __ _ .M., IN BOOK _____ OF MAPS, AT PAGE _____ , AT THE REQUEST OF SAN JOAQUIN ENGINEERING, INC.
LAURA AVILA BY:
KERN COUNTY ASSESSOR/RECORDER DEPUTY RECORDER
SHEETl OF 8
BRIARWOOD PLACE
LEGEND TRACT 6614 PHASE 1
SHEET 6 OF 8
BRIARWOOD PLACE
NECTAR PLACE
PLUMTREE
COURT
ACALA
COURT NECTAR PLACE
SEE SHEET 5 SEE SHEET 4 SEE SHEET 3
SEE SHEET 3 SEE SHEET 2
N S EJ
N S EJ
HOLLYBERRY
COURT
CURVE TABLE CURVE TABLE CURVE TABLE CURVE TABLE
VICINITY MAP
TRACT 6614 PHASE 1
LEGEND
SHEET 7 OF 8
LINE TABLE LINE TABLE RADIAL TABLE RADIAL TABLE RADIAL TABLE RADIAL TABLE TRACT 6614 PHASE 1
LEGEND
SHEET 8 OF 8
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Johnny Rubio, IT Director
SUBJECT: JUNIPER NETWORK CORE SWITCHES ANNUAL RENEWAL
RECOMMENDATION
Council approve the renewal of the Juniper annual support contract for the City’s core network switches in the amount of $11,214.44
BACKGROUND
In 2020, the City of Shafter upgraded its CORE network switches at a cost of $55,987, securing a three-year support contract. The upgraded Juniper CORE QFX network switches are essential for ensuring reliable data communication across the City’s fiber ring. With the support contract having expired in 2024, it is crucial to have an active contract in place to address any potential technical issues, from minor glitches to major failures.
FISCAL IMPACT
The $11,214.44 cost for this support renewal can be accommodated within the IT Department's current fiscal year operating budget.
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 an annual renewal of support for Juniper Network core switches and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Quote
GHA Technologies, Inc.
Dept. #2090
PO Box 29661
Phoenix, Arizona 85038
United States
http://www.gha-associates.com
(P) 480-951-6865
(F) 480-951-6956
Date
Feb 21, 2025 02:04 PM EST
Modified Date
Feb 21, 2025 02:31 PM EST
Quotation (Open)
Quote #
2930231 - rev 1 of 1
Description
Juniper - 1YR
SalesRep
Galentine, Amanda
(P) 570-914-9792
Customer Contact
Rubio , Johnny
[email protected]
Customer
City of Shafter (CO108572)
Rubio , Johnny
336 Pacific Ave
Shafter, CA 93263
United States
Bill To
City of Shafter
336 Pacific Ave
Shafter, CA 93263
United States
Ship To
City of Shafter
336 Pacific Ave
Shafter, CA 93263
United States
Customer PO: Terms:
Undefined
Ship Via:
FedEx Ground
Special Instructions: Carrier Account #:
Subtotal: $11,214.44
Tax (7.2500%): $0.00
Shipping: $0.00
Misc: $0.00
Total: $11,214.44
# Description Part # Tax Qty Unit Price Total
1 Juniper Networks Care Same-Day
Extended service agreement - advance parts replacement - 1 year - shipment - 24x7 - response time: 4 h - for P/N: QFX5120- 48Y-AFI2, QFX5120-48Y-D-AFI, QFX5120-48Y-D-AFO
6JV374 No 1 $4,583.42 $4,583.42
Note: 11-Feb-2024 - 14-Feb-2026
XH3120280813
2 Juniper Networks Remote Inspection Category 2
Technical support - remote inspection - for P/N: EX4200-24F, SRX550 8XR542 No 2 $1,023.80 $2,047.60
Note: 01-Feb-2025 - 02-Feb-2025
XH3120280813
XH3120280811
3 Juniper Networks Care Same-Day
Extended service agreement - advance parts replacement - 1 year - shipment - 24x7 - response time: 4 h - for P/N: QFX5120- 48Y-AFI2, QFX5120-48Y-D-AFI, QFX5120-48Y-D-AFO
6JV374 No 1 $4,583.42 $4,583.42
Note: 11-Feb-2024 - 14-Feb-2026
XH3120280811
Sales tax calculation is estimated and subject to change. Terms Definition:�Unless agreed upon otherwise; Net 30 terms, cash in the GHA bank 30 days from the date of shipment. Lease payment calculations are estimated and may include sales tax in the payment amount. You can obtain an accurate lease quote from our leasing company.
Rates are subject to change without notice.
GHA is an authorized and leading supplier for Microsoft, HP, Apple, Dell, Lenovo, VMWare, IBM and Cisco. GHA does not source any of these products from the gray market. If you have a pending quotation from a competitor that is significantly less in price, that may be a strong indication of gray market involvement. Please immediately bring this to the attention of your sales professional who can verify with the manufacturer for your benefit and protection. Your sales representative can also talk to you about the risks associated with doing business with a gray market supplier. -The prices quoted may change due to market conditions beyond our control. -GHA cannot be responsible for manufacturer availability or delays. -No verbal quotations or promises can be honored unless set forth herein.� -Due to many people working from home, GHA will not be responsible for the boxes if lost or stolen�after the delivery has been made, and if they are�lost or stolen, you still agree to pay your�GHA�invoice. Signature will be required on all shipments. -Handling Fees: Handling fees charged on shipments are in addition to the freight and insurance charges and vary.
-Returns Policy: Cloud Service Provider CSP orders for Microsoft require at least 30 days of cancellation notice from Buyer. Buyer agrees to pay for any cloud subscription usage incurred. For all other CSP s, GHA will pass through and honor the cancellation policy as stated in the original contract whether 30, 60 or 90 days of cancellation notice is required. Custom computers and technology orders are non-cancellable and non-returnable. No return will be accepted after 30 days from the invoice date. Goods accepted for credit upon return will be subject to handling/restocking charge, which shall be not less than 15% of the price of Goods. Custom-made Goods are not subject to cancellation or return under any circumstances. In no case are Goods to be returned without first obtaining Seller's written permission. Goods must be securely packed in the original packaging and delivered to Seller in an undamaged condition with Buyer being solely responsible for paying all return freight expenses and keeping the GHA invoice current within 30 days from the date of shipment regardless of the reason for a return. All returns must be accompanied by an authorized RMA number, which is valid for 15 days after date of issuance. GHA Technologies makes NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE with respect to the goods described hereon. Professional Service Organizations are separate companies from GHA. GHA is not responsible for their workmanship and there is no right to offset payment.�
-International shipments/returns: Customer is responsible to pay all VAT, duties, customs charges, freight forwarding services, storage, handling, foreign exchange rates/fees, miscellaneous fees from any country, expedited or return freight expenses. Customer shall be liable; GHA is NOT responsible. GHA is not responsible for any return shipment expenses.
-Supplier represents and warrants that it is an equal-opportunity employer and does not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, gender identity, national origin, disability, marital or veteran status, or any other basis that is prohibited by law.� -This document shall be governed by the laws of the State of Arizona. -You may view all Terms & Conditions at: https://www.gha-associates.com/terms-and-conditions -�. -THIS QUOTE HAS BEEN PROVIDED FOR CLIENT AND GHA PURPOSES ONLY** -CORPORATE OFFICE: (REMIT PAYMENTS TO THE DEPARTMENT NUMBER AND PO BOX LISTED ABOVE; NO PAYMENTS SHOULD BE MAILED TO THE CORPORATE OFFICE) GHA Technologies, Inc. 8998 E. Raintree Drive Scottsdale, AZ 85260
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Michael James, Public Works Director
SUBJECT: WEST TULARE AVENUE PARKING RESTRICTIONS
RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines; and adopt Resolution 3010, a Resolution of the City Council of the City of Shafter limiting, prohibiting or restricting the stopping, parking, or standing of vehicles on certain portions of West Tulare Avenue.
BACKGROUND
Last year, road striping and signage work was completed on West Tulare Avenue to enhance safety for pedestrians and bicyclists. Public Works has since identified a need for additional signage to improve safety further. Specifically, the signage would restrict parking along the street frontage of the La Rosa de Saron Assembly of God church, located at 158 West Tulare Avenue. Currently, vehicles entering the street from the church parking lot have a limited line of sight of oncoming traffic that could be addressed by restricting street parking on the north side. Establishing a proper line of sight through parking restrictions would be based on City standard methodologies. Additional parking restrictions on the north side as far east as State Route 43 would eliminate potential roadside hazards for vehicles exiting southbound Highway 43 onto West Tulare Avenue.
The past practice of approving street parking restrictions has been resolutions adopted by the City Council. California Vehicle Code (CVC) 22507 allows local authorities (cities and counties) to restrict or prohibit the stopping, parking, or standing of vehicles within 100 feet of any intersection, or on certain streets/portions of streets, and also to designate preferential parking privileges for residents/merchants.
FISCAL IMPACT
Costs to purchase and install parking restriction signs can be funded with existing Street operations accounts. No budget action is required.
CEQA ANALYSIS
The proposal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines in that 1) only minor changes to the parking locations are being proposed, 2) public safety will be improved by the proposal, and 3) the parking area will not be increased by the proposal.
APPROVED BY THE CITY ATTORNEY
WEST TULARE AVENUE PARKING RESTRICTIONS
- 2 -
Not Applicable
ATTACHMENTS
1. Resolution 3010 Limiting, Prohibiting, or Restricting Vehicle Stopping, Parking, or Standing on Sections of West Tulare Avenue Between Santa Maria
RESOLUTION NO. 3010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER LIMITING,
PROHIBITING OR RESTRICTING THE STOPPING, PARKING, OR STANDING OF
VEHICLES AT WEST TULARE AVENUE BETWEEN SANTA MARIA WAY AND STATE ROUTE 43
WHEREAS, section 22507 of the California Vehicle Code authorizes local authorities to, by resolution, prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and WHEREAS, the City Council desires to restrict stopping, parking, or standing of vehicles at West Tulare Avenue between Santa Maria Way and State Route 43; and WHEREAS, the City Council has determined that it is in the best interest of the City to enact this resolution to enhance the quality of life and to protect the health, safety, and welfare of its citizens; and
WHEREAS, the City Municipal Code Section 10.40.030 - Prohibited—Areas designated states:
“No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:
A. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings;
B. On either side of any street between the projected property line of any public walk, public steps, street or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface; C. In any area where the traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; D. In any area established by a resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface”; and WHEREAS, the City Council has determined that the proposal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines in that 1) only minor changes to the parking locations are being proposed, 2) public safety will be improved by the proposal, and 3) the parking area will not be increased by the proposal.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES RESOLVE AS FOLLOWS:
The City Council hereby orders that:
West Tulare Avenue between Santa Maria Way and State Route 43. The stopping, parking, or standing of vehicles on the north side of the street between the west property line of 158 West Tulare Avenue (Assessor Parcel No. 026-080-46) and State Route 43 shall be prohibited at all times.
Shafter City Council Resolution No. 3010
March 18, 2025
Signage: The Public Works Department shall cause appropriate signage to be posted on each street on which parking is restricted. The signage shall be in accordance with the requirements of Vehicle Code section 22507.6. The parking restrictions established in this Resolution shall become effective upon posting of the signage.
These parking restrictions are depicted in Exhibit “A”
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF MARCH 2025. _______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney
Shafter City Council Resolution No. 3010
March 18, 2025
EXHIBIT “A”
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Marcos Torres, Deputy Public Works Director SUBJECT: RESIDENTIAL STREETLIGHT POLES AND ASSEMBLY HEADS
PURCHASE
RECOMMENDATION
Council find the subject activity is exempt from the California Environmental Quality Act; approve a bid proposal submitted by AZCO Supply for the purchase of 29 replacement streetlight poles and 16 light head assemblies in the amount of $53,419.08; and authorize the Public Works Director to award purchase of said replacement streetlight poles and fixtures.
BACKGROUND
Over the past two fiscal years, Council approved the purchase and installation of streetlight poles to replace failing and outdated poles and enhance visibility, safety, and esthetics for particular streets. The poles purchased were selected based on durability, compliance with City standards, and alignment with ongoing infrastructure improvement initiatives.
To continue the success of this streetlight pole initiative, Staff have identified the next phase for other areas of the City, totaling 29 replacement streetlight poles and 16 light head assemblies. Bids from suppliers were requested, resulting in two (2) submitted, summarized as follows:
BID SUPPLIER TOTAL BID
1 AZCO Supply $53,419.08
2 Royal Industrial
Solutions
$55,779.42
AZCO Supply submitted the lowest responsive bid and was awarded past streetlight pole purchases. The installation of equipment purchased will be installed by Public Works staff.
FISCAL IMPACT
RESIDENTIAL STREETLIGHT POLES AND ASSEMBLY HEADS PURCHASE - 2 -
Streets Operations Budget Account No. 0100-40-400-19-02-510121, an account used for streetlight replacement and repairs, has sufficient funds to cover the requested purchase. No budget action is required.
CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Class 2 – Replacement or Reconstruction) of the CEQA Guidelines because the project is the replacement of 29 street light poles and 16 light head assemblies located at the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. AZCO Supply Quote
2. Royal Quote
LN Product Qty Price Per * Ext Price
01 HOLOP 245L P202 MVOLT 40K R2 RNA GY PR3 PCLL SA
120-277V, 4000K, ROADWAY TYPEII
45 $475.00 E $21,375.00
02 2-4 WEEKS LEAD TIME
03 MATERIAL NOT RETURNABLE, EXCHANGEABLE, OR RETROFITTABLE 04 LITH RSS 16 4B T20 DNAXD 29 $1,039.77 E $30,153.33
05 8-10 WEEKS LEADTIME
06 FREIGHT ALLOWED
Merchandise: $51,528.33
Tax: $4,251.09
Total: $55,779.42
Attn:
Ship To: CITY OF SHAFTER
CITY OF SHAFTER
720 COMMERCE WAY
SHAFTER, CA 93263-0000
3301 N SILLECT AVE
BAKERSFIELD CA 93308
Tel: (661)324-6727 Fax: (661)328-6438
Contact Name: ROBERT PEREZ
Quote Date:
Updated On:
Customer PO #:
Customer PO Date:
Job Name:
02/21/25
03/03/25
Expires On: 03/23/25
FOB: SHIPPING POINT
Freight: PREPAID
* Per E = Each, C = Hundred, M = Thousand Terms and Conditions 1 OF 1 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS.
ROYAL IND SOLUTIONS-BAKERSFIELD Quote: Q1177453 Revision #: 019 Customer Quote For: CITY OF SHAFTER
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: ORDINANCE NO. 764 AMENDING CITY COUNCIL SALARY &
BENEFITS PROVISIONS ADOPTION
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; pass and adopt Ordinance No. 764, an Ordinance of the City Council of the City of Shafter, California, Amending Section 2.04.120 of the Shafter Municipal Code Relating to City Council Salary and Benefits.
BACKGROUND
On March 4, 2025, the City Council introduced Ordinance No. 764, which proposed amendments to the salary and benefits available to members of the City Council. The City Council discussed the proposed ordinance, made a change to the language of subsection (F) and (by vote of 3 to 1) voted to waive further reading, read by title only and introduce Ordinance No. 764. The change made at first reading is now reflected in the attached ordinance and can be considered for second reading and adoption. If passed, the ordinance will become effective in thirty (30) days.
FISCAL IMPACT
The revisions to the salary require the City Council to budget an additional $43,800 per fiscal year in council salary, beginning in December of 2026 (pro-rated amount for the 2026-2027 fiscal year is approximately half that amount). The health benefits cost is approximately $109,295.64 annually.
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 an ordinance amending the City Council's salary and benefits and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Ordinance 764 Council Salary & Benefits 2025
ORDINANCE NO. 764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA, AMENDING SECTION 2.04.120 OF THE SHAFTER MUNICIPAL
CODE RELATING TO CITY COUNCIL SALARY AND BENEFITS
WHEREAS, the City Council of the City of Shafter is authorized by Article XI, Section 7 of the California Constitution to create and enforce laws and regulations to promote local police, sanitation, and other matters, including matters related to the promotion and encouragement of public service; and
WHEREAS, Section 4.06 of the Shafter Charter describes the authority of the City Council to determine their compensation and provides as follows:
“Council Compensation and Expenses: The Council may determine the salary and compensation of the Mayor, Mayor Pro Tem, and Council Members by ordinance, but no ordinance increasing such salary shall become effective until the commencement of the terms of Council Members elected at the next regular Council election. The Mayor, Mayor Pro Tem and Council Members shall receive reimbursement for their actual and necessary expenses incurred in the performance of their duties of office, such reimbursement to be made pursuant to a schedule of expenses adopted by the Council by resolution.” WHEREAS, Section 2.04.120 of the Shafter Municipal Code currently establishes the Council salary at $300.00 per month for the mayor and $200.00 per month for the mayor pro tem and every other member of the city council; and
WHEREAS, Section 2.04.120 further provides that the mayor and council members are not eligible to receive any health insurance benefits; and WHEREAS, on June 29, 2023 Governor Newsom signed into law Senate Bill 329 (“SB 329”) which increased the maximum amount of salary that council members may receive based upon a population schedule; and
WHEREAS, SB 329 was premised on the goal of giving general law cities the option to adjust council member compensation to account for inflation and support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income for their service and promote their participation; and WHEREAS, although the City of Shafter is a California Charter City, the City Council believes the goals of SB 329 are similarly applicable to charter cities and the City Council wishes to use a similar population-based salary schedule to guide council compensation in the City of Shafter; and
THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 2.04.120 of the Shafter Municipal Code is hereby amended and restated in its entirety to read as follows:
Shafter City Council Ordinance No. 764
March 18, 2025
“2.04.120. - Mayor and city council compensation.
A. Commencing the first day of the month immediately following certification of the results of the November, 2026, municipal election of the Shafter City Council and every first of the month thereafter, members of the city council shall receive Nine hundred and fifty dollars ($950.00) per month.
B. The compensation set forth herein shall be paid without regard to the number of city council meetings attended by the mayor, mayor pro tem, or council members.
C. The mayor, mayor pro tem and council members may waive their own compensation on an annual basis by giving written notice to the city manager after December 1 and prior to December 31 in the year immediately preceding the year for which compensation will be waived. For members appointed or elected to serve less than a full four-year term those members must give written notice of waiver no later than administration of the oath of office.
D. Per Diem Meal Compensation.
1. The mayor, mayor pro tem, and each council member shall also receive a daily salary for meals and incidentals when traveling for city-related business. The amount of such daily salary shall be set by Ordinance. The daily salary shall be treated as wages, and will be subject to state and federal income and employment tax withholdings.
2. Notwithstanding, Section 2.04.120.D.1, if the mayor, mayor pro tem, or a council member has made an annual election to waive his or her monthly salary, pursuant to Section
2.04.120(C), he or she shall not receive a daily salary for meals and incidentals when travelling for city-related business. Instead, he or she shall submit his or her expenses for meals and incidentals incurred while travelling for city-related business pursuant to the terms of the Resolution No. 2640 (or its successor). Such reimbursements will not be treated as wages because they are made pursuant to an accountable plan.
E. The compensation set forth herein is exclusive of any amounts payable to the mayor and each member of the city council for reimbursement of actual and necessary expenses incurred for city-related business.
F. The mayor and council members shall be eligible to receive the same health insurance benefits provided to the City’s general employees. The mayor and council members shall also be eligible for business travel accident plan benefits that are provided through the city's self-insured risk management authority.”
SECTION 2. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions
Shafter City Council Ordinance No. 764
March 18, 2025
might subsequently be declared invalid or unconstitutional.
SECTION 3. CEQA Determination. The City Council finds that this ordinance is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) & (3) as there is no potential for physical changes to the environment as this ordinance implements administrative regulations only for the possession, sale and discharge of fireworks only.
SECTION 4. Publication. This ordinance shall be published as provided in Government Code section 36933.
SECTION 5. Effective Date. This Ordinance shall be effective upon the commencement of the thirty-first (31st) day following the adoption date.
PASSED, APPROVED, AND ADOPTED this 18th day of March, 2025.
Chad Givens, Mayor
ATTEST:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 0816 PUBLIC HEARING
AND ELECTION
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; open and conduct a public hearing on the subject matter; take public testimony; close the public hearing; and then complete the following: adopt Resolution 3011, a Resolution of the City Council of the City of Shafter Establishing the City of Shafter Community Facilities District No. 0816, County of Kern, State of California, and the Boundaries Thereof; adopt Resolution 3012, a Resolution of the City Council of the City of Shafter Calling a Special Election and Submitting to the Voters of the City of Shafter Community Facilities District No. 0816 a Proposition With Respect to the Annual Levy of Special Taxes Within Said Community Facilities District to Pay the Costs of Certain Services to be Provided by the Community Facilities District and a Proposition With Respect to Establishing an Appropriations Limit for Said Community Facilities District; adopt Resolution 3013, a Resolution of the City Council of the City of Shafter Declaring the Results of the Special Election for the City of Shafter Community Facilities District No. 0816, County of Kern, State of California, on the Propositions With Respect to (I) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be Provided by the Community Facilities District and (II) Establishing an Appropriations Limit; and conduct a first reading of Ordinance 765, an Ordinance of the City Council of the City of Shafter Acting in its Capacity as the Legislative Body of the City of Shafter Community Facilities District No. 0816, County of Kern, State of California, Authorizing the Levy of a Special Tax in Such Community Facilities District.
BACKGROUND
Tract 6614 was conditioned to create a maintenance district to provide funds for the operation and maintenance of certain public services within the tract development. It was determined that a maintenance community facilities district would be utilized for this purpose. The services to be maintained and funded by the special taxes include the maintenance, landscaping, and lighting of parks, parkways, trails, streets, roads and open space, maintenance of recreational facilities, any other services authorized to be financed pursuant to the Mello-Roos Community Facilities Act of 1982, and the costs associated with the determination of the amount of and the levy and collection of special taxes and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 0816. On February 4, 2025, City Council approved a resolution declaring its intention to form Community Facilities District No. 0816 (“CFD No. 0816”) and set a
COMMUNITY FACILITIES DISTRICT NO. 0816 PUBLIC HEARING AND ELECTION - 2 -
public hearing on the formation of CFD No. 0816 for March 18, 2025.
Tract 6614, known as Orchard Park, is owned by LGI Homes - California, LLC, and includes approximately 75.88 gross acres. The proposed development includes the construction of a total of 229 single-family residential homes. The estimated operations and maintenance costs of the development are approximately $126,637 in Fiscal Year 2025-26. The maximum special tax to be charged per lot effective Fiscal Year 2025- 2026 is $553 per year. The property will be subject to a special tax effective Fiscal Year 2025-26. Similar to the City’s landscape and lighting district, CFD No. 0816 maximum special tax rates will be subject to an annual consumer price index increase of up to
4.0% effective Fiscal Year 2026-2027 and each year thereafter.
On March 18, 2025, City Council will hold a duly noticed public hearing regarding the formation of the proposed CFD No. 0816. If a majority of the landowners within the boundaries of the proposed CFD No. 0816 do not register written or oral protests, then City Council may consider adopting the resolutions described above.
The City Clerk and the property owner have consented to hold the election on March 18, 2025. The County of Kern Registrar of Voters has certified that there are no registered voters within the boundaries of CFD No. 0816. Following the adoption of the Resolution Calling the Special Election, the City Clerk will conduct the election and declare the election results.
Following the election, the City Council may adopt the Resolution Declaring the Election Results, which declares the results of the election.
If the results are in favor of the levy of special taxes within CFD No. 0816, City Council may waive the full reading of the Ordinance Levying Special Taxes, which authorizes the levy of special taxes within CFD No. 0816 in full, and call for the first reading of such Ordinance by title only.
FISCAL IMPACT
There is no fiscal impact to the City’s general fund as the costs of completing the formation of CFD No. 0816 are paid for through a deposit that was collected from the property owner to complete the CFD formation.
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 a CFD area for a specific plan area that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
COMMUNITY FACILITIES DISTRICT NO. 0816 PUBLIC HEARING AND ELECTION - 3 -
ATTACHMENTS
1. CFD No. 0816 - Resolution of Formation
2. CFD No. 0816 - Exhibit A - Rate and Method of Apportionment
3. CFD No. 0816 - Resolution Calling Election
4. CFD No. 0816 - Resolution Declaring Election
5. CFD No. 0816 - Ordinance Authorizing Levy of Special Taxes
6. CFD No. 0816 - Exhibit A - Rate and Method of Apportionment
7. CFD No. 0816 Report
17236.00202\43317127.1
RESOLUTION NO. 3011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
ESTABLISHING THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0816, COUNTY OF KERN, STATE OF CALIFORNIA, AND THE BOUNDARIES
THEREOF
WHEREAS, the City Council of the City of Shafter (the “City Council”) adopted Resolution No. 3007, stating that a community facilities district to be known as the “City of Shafter Community Facilities District No. 0816, County of Kern, State of California” (the “Community Facilities District”), is proposed to be established under the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on March 18, 2025, at the time and place specified in said published and mailed notices, the City Council opened the public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, prior to the public hearing duly held on March 18, 2025, the County of Kern Registrar of Voters completed a registrar of voters certification in order for the City to complete the Community Facilities District formation in compliance with the Act; WHEREAS, prior to the commencement of said public hearing on March 18, 2025 there was filed with the City Council a report (the “Report”) containing a description of the services being financed within and for the Community Facilities District, and an estimate of the cost of providing such services, as required by Section 53321.5 of the California Government Code; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, the City Council may therefore proceed to establish the Community Facilities District.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Shafter as follows:
Shafter City Council Resolution No. 3011
March 18, 2025
Section 1. Findings. The City Council finds as follows: (i) all of the preceding recitals are true and correct and are incorporated herein by this reference, (ii) at its meeting on March 18, 2025, pursuant to notice thereof duly given as provided by law, the City Council conducted the public hearing with respect to the formation of the Community Facilities District and the annual levying of specified special taxes on the taxable property within the Community Facilities District to pay the costs of services for the Community Facilities District which are described in Section 3 hereof, (iii) the boundary map of the Community Facilities District was recorded, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, on February 12, 2025, at Page 195 of Book 1, in the official records of the County of Kern, Document No. 225015392, (iv) no written protests were received at or prior to the time of said hearing against the formation of the Community Facilities District or the levying of said special taxes by the Community Facilities District, and said special taxes have, therefore, not been precluded by majority protest pursuant to Section 53324 of the California Government Code, (v) all prior proceedings with respect to the formation of the Community Facilities District conducted by the City Council were valid and in conformity with the requirements of the Act, (vi) the City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the California Government Code for the formation of the City of Shafter Community Facilities District No. 0816, County of Kern, State of California, and the Community Facilities District should be established, (vii) the department responsible for preparing the annual roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act is the Public Works Department located at 720 Commerce Way, Shafter, CA 93263, telephone number (661) 746-5004, and (viii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing and, pursuant to Section 53326 of the California Government Code, the vote in the special election provided for in Section 7 hereof shall, therefore, be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District.
Section 2. Formation of the District. The City of Shafter Community Facilities District No. 0816, County of Kern, State of California, is hereby established. The boundaries of the Community Facilities District are described and shown on the map entitled “Proposed Boundaries of City of Shafter Community Facilities District No. 0816, County of Kern, State of California” which is on file with the City Clerk, and said boundaries are hereby established.
Section 3. Types of Services; Incidental Expenses. It is proposed that the Community Facilities District shall provide and finance (a) maintenance, landscaping, and lighting of parks, parkways, trails, streets, roads and open space; (b) maintenance of recreational facilities, and (c) any other services authorized to be financed pursuant to the Act. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District.
Shafter City Council Resolution No. 3011
March 18, 2025
Section 4. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 3 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes shall be annually levied within the Community Facilities District. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “A” attached hereto and by this reference made a part hereof.
Under no circumstances will the special tax levied in any fiscal year against any parcel used for private residential purposes be increased as consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel.
Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District and that lien shall continue in full force and effect as long as the City of Shafter provides the services or until the lien canceled in accordance with law or until collection of the special tax ceases. There are no conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied as set forth in the rate and method of apportionments.
Section 5. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the Community Facilities District.
Section 6. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
Section 7. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District, and (ii) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000 (the “Special Election”), shall be as follows:
(a) Except as otherwise provided below, the special election shall be conducted by the City Clerk pursuant to the California Elections Code governing mail ballot elections of
Shafter City Council Resolution No. 3011
March 18, 2025
cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
(b) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution pursuant to Section 53326 of the California Government Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of the services to be provided by the Community Facilities District, and (ii) establishing an appropriations limit therefor to the qualified electors of the Community Facilities District, upon which such election can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the Community Facilities District and the City Clerk agree and concur is acceptable. (c) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the public hearing if the qualified electors of the Community Facilities District waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(d) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(e) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
Shafter City Council Resolution No. 3011
March 18, 2025
(f) The official ballot to be mailed or delivered by the City Clerk to each landowner voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Community Facilities District. (g) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(h) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the date of the election.
(i) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the Special Election, if it is held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 9. Effective Date. This Resolution shall become effective immediately following its adoption.
Shafter City Council Resolution No. 3011
March 18, 2025
PASSED, APPROVED, AND ADOPTED THIS 18th DAY OF MARCH, 2025.
Chad Given, Mayor Date
ATTEST:
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
Shafter City Council Resolution No. 3011
March 18, 2025
EXHIBIT “A”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0816
City of Shafter 1
Public Services CFD No. 0816 (TR6614)
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0816
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Shafter Community Facilities District No. 0816 (“CFD No. 0816”) and collected each Fiscal Year commencing in Fiscal Year 2025/2026 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
1. Definitions
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a Building Permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 66313(a), as may be amended from time to time, that is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as a Unit. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No. 0816 as the administrator thereof, to determine, levy and collect the Special Taxes, including a reasonable allocation of salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. “Annual Tax Escalation Factor” On July 1, 2026 for Fiscal Year 2026/2027 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates for all Assessor’s Parcels of Taxable Property shown under Section 3 shall be increased annually by the percentage increase in the Consumer Price Index (All Items) Los AngelesLong Beach-Anaheim, CA, (1982-84 = 100) since the beginning of the preceding Fiscal Year provided however, that any such annual increase shall not exceed four percent (4%). “Approved Property” means a Lot included in a Final Subdivision Map that was recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County of Kern.
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Public Services CFD No. 0816 (TR6614)
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Tax Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by Assessor’s Tax Number(s).
“Assessor's Tax Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2025.
“Building Permit” means a permit for new construction issued by the City for new construction of a residential or non-residential building on an Assessor’s Parcel for purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human use.
“CFD” or “CFD No. 0816” means the City of Shafter Community Facilities District No. 0816, County of Kern, State of California.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and preparing the annual Special Tax roll. “City” means the City of Shafter, California.
“City Council” means the City Council of the City of Shafter which acts as the legislative body for CFD No. 0816 under the Act.
“County” means the County of Kern, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2025- 2026, each Assessor’s Parcel, for which a Building Permit for new construction was issued, prior to June 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property.
Exempt Property is not subject to the Special Tax.
“Final Subdivision Map” means a subdivision of property creating single family residential buildable Lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 4285, that creates individual Lots for which building permits may be issued without further subdivision and is recorded prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Section 3 below. “Lot” means an individual lot, identified and numbered on a recorded Final Subdivision Map, on which a building permit has been or is permitted to be issued for construction of one or more Dwelling Units without further subdivision of the lot and for which no further subdivision of the lot is anticipated.
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Public Services CFD No. 0816 (TR6614)
“Maintenance” means the labor, material, administration, personnel, equipment and utilities necessary to maintain park, landscaping, parkways, trails, median islands, public lighting, street lights, including repair and replacement of recreational facilities, trees, plant material, sod, irrigation systems, weed control and other abatements, signs, monuments, and associated appurtenant facilities.
“Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Maintenance applicable to the CFD for such Fiscal Year.
“Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by an Owners Association, not including any such property that is located directly under a residential structure. “Non-Residential Property” means any Assessor’s Parcel, or portion of an Assessor’s Parcel, of Developed Property in the CFD for which a building permit(s) was issued for non-residential use.
“Public Property” means any property within the boundaries of CFD No. 0816, the ownership of which is transferred to a public agency, and is used for rights-of-way or any other purpose and is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Reserve Fund” means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, delinquencies in the payment of Special Taxes, reserve capital to cover repair and replacement costs, and a reasonable buffer to prevent large variations in annual Special Tax levies. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units.
“Special Tax” means any special tax authorized to be levied within CFD No. 0816 pursuant to the Act and this Rate and Method of Apportionment to fund the Special Tax Requirement.
“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to:
(i) pay for the Maintenance Requirement; (ii) pay for Administrative Expenses; (iii) pay any amounts required to establish or replenish the Reserve Fund; (iv) pay for reasonably
City of Shafter 4
Public Services CFD No. 0816 (TR6614)
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (v) a credit for funds available to reduce the annual Special Tax levy.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 0816 that are classified as Developed Property or Approved Property. Taxable Property does not include Welfare Exempt Property.
“Tax-Exempt Property” means an Assessor's Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, or (ii) Owner Association Property, or (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement.
“Unit” means (i) for Residential Property, an individual single family detached or attached residential unit or an individual apartment unit, (ii) for Mobile Home Property, an individual mobile home, and (iii) an ADU. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 0816 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.
2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 0816 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as based on Section 3A and B below.
3. Maximum Special Tax Rates
A. Developed Property
TABLE 1
Fiscal Year 2025/2026
Maximum Special Tax Rates for Developed Property
Land Use
Class Description
Maximum
Special Tax
1 Residential Property $553.00 per Unit
2 Non-Residential Property $2,480.00 per Acre
B. Approved Property
City of Shafter 5
Public Services CFD No. 0816 (TR6614)
The Maximum Special Tax for Approved Property shall be $478.00 per Lot.
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2025/2026, the CFD Administrator shall determine the Special Tax Requirement and calculate the Special Tax so that the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:
Step 1: The special tax shall be levied proportionally on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. No Special Tax shall be levied on Exempt Property.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any taxpayer subject to the Special Tax and who claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD
City of Shafter 6
Public Services CFD No. 0816 (TR6614)
Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.
Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 0816.
7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by a super majority of the City Council.
8. Prepayment of Special Tax
The Special Tax may not be prepaid.
RESOLUTION NO. 3012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER CALLING A
SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0816, COUNTY OF KERN,
STATE OF CALIFORNIA A PROPOSITION WITH RESPECT TO THE ANNUAL
LEVY OF SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT TO
PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT AND A PROPOSITION WITH RESPECT TO
ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY
FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Shafter (“the City”) has adopted a resolution establishing the City of Shafter Community Facilities District No. 0816, County of Kern, State of California (the “Community Facilities District”) and the boundaries thereof; and WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the Community Facilities District the annual levy of special taxes on the property within the Community Facilities District to pay the costs of providing services described in Resolution No. 3007, the resolution of intention with respect to the formation of the Community Facilities District (“Resolution of Intention”); and WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the Community Facilities District a proposition with respect to establishing an appropriations limit for the Community Facilities District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing on March 18, 2025; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution shall be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) LGI Homes - California, LLC, the owner of all of the land in the Community Facilities District has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this Resolution, (b) consented to the holding of said election on March 18, 2025, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and
Shafter City Council Resolution No. 3012
March 18, 2025
2 17236.00202\43320327.1
(v) the City Clerk of the City has consented to the holding of said election on March 18, 2025.
Section 2. Call of Election. The City Council hereby calls and schedules a special election for March 18, 2025 on the proposition with respect to the annual levy of special taxes within the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the Community Facilities District and on the proposition with respect to establishing an appropriations limit for the Community Facilities District.
Section 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:
First Proposition
Shall special taxes be levied annually on taxable property within City of Shafter Community Facilities District No. 0816, County of Kern, State of California, to pay the costs of maintenance services, and other services specified in the Resolution of Intention adopted by the City Council of the City of Shafter on February 4, 2025 (the “Resolution of Intention”) and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes, at the special tax rates and pursuant to the method of apportioning such special taxes set forth in Exhibit “A” to the Resolution of Intention? Second Proposition
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Shafter Community Facilities District No. 0816, County of Kern, State of California, in the amount of $5,000,000?
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
Section 5. Election Procedures. The procedures to be followed in conducting the special election on (a) the proposition with respect to the levy of special taxes on the land within the Community Facilities District to pay the costs of maintenance services and other services specified in the Resolution of Intention and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of special tax rates pursuant to the method of apportioning such special taxes set forth in Exhibit “A” to the Resolution of Intention and (b) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000 (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
Shafter City Council Resolution No. 3012
March 18, 2025
3 17236.00202\43320327.1
(b)
(c) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in this Resolution, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (d) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Community Facilities District. (e) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(f) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on March 18, 2025.
(g) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the
Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
Shafter City Council Resolution No. 3012
March 18, 2025
4 17236.00202\43320327.1
Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 7. Effective Date. This Resolution shall become effective immediately following its adoption.
PASSED, APPROVED, AND ADOPTED THIS 18th DAY OF MARCH, 2025.
Chad Given, Mayor Date
ATTEST:
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
RESOLUTION NO. 3013
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER DECLARING
THE RESULTS OF THE SPECIAL ELECTION FOR THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0816, COUNTY OF KERN, STATE OF
CALIFORNIA, ON THE PROPOSITIONS WITH RESPECT TO (I) THE ANNUAL
LEVY OF SPECIAL TAXES TO PAY THE COSTS OF CERTAIN SERVICES TO BE
PROVIDED BY THE COMMUNITY FACILITIES DISTRICT AND (II) ESTABLISHING
AN APPROPRIATIONS LIMIT
WHEREAS, on March 18, 2025, the City Council (the “City Council”) of the City of Shafter (the “City”) adopted a resolution calling a special election on the propositions with respect to the annual levy of special taxes on taxable property within the City of Shafter Community Facilities District No. 0816, County of Kern, State of California (the “Community Facilities District”) to pay the costs of certain services to be provided by the Community Facilities District and establishing an appropriations limit for the Community Facilities District (the “Election Resolution”); and
WHEREAS, the City Council has received a statement from the City Clerk, who pursuant to the Election Resolution was authorized to conduct the special election and act as the election official therefor, with respect to the canvass of the ballots returned and the results of the special election, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the special election were cast in favor of all such propositions.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter as follows:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) there were less than 12 persons registered to vote within the boundaries of the Community Facilities District at the time of the close of the protest hearing on March 18, 2025, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the votes in the special election were, therefore, to be by the landowners owning land within the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Community Facilities District which would have been subject to the special tax if levied at the time of the special election; (iii) pursuant to Section 53326 and the Election Resolution, the City Clerk delivered a ballot for the special election to LGI Homes - California, LLC, the owner of all of the land within the Community Facilities District (the “Property Owner”); (iv) the Property Owner waived the time limits for holding the special election and the election dates specified in Section 53326, and consented to the calling and holding of the special election on March 18, 2025; (v) the special election has been properly conducted in accordance with all statutory requirements and the provisions of Election Resolution; (vi) pursuant to Section 53326, the Property Owner, which owns approximately 75.88 acres, was entitled to a total of 76 votes; (vii) the ballot was returned by the Property Owner to the City Clerk prior to 6:00 p.m. on March 18, 2025; (viii) the ballot returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (ix) more than two-thirds of the votes cast in the special election on each such proposition were cast in favor thereof, and pursuant to section 53328 of the California Government Code, all such propositions carried; (x) the City Council, as the legislative body of the Community Facilities District, is therefore authorized to take the necessary action to annually levy special taxes on taxable property within the Community Facilities District in amounts
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Shafter City Council Resolution No. 3013
March 18, 2025
Page - 2 -
sufficient to pay the costs of services to be provided by the Community Facilities District; and (xi) an appropriations limit for the Community Facilities District has been established in the amount of $5,000,000.
Section 2. Declaration of Results. All votes voted in the special election on the propositions with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District and the establishment of an appropriations limit in the amount of $5,000,000 for the Community Facilities District were voted in favor thereof, and such propositions carried.
Section 3. Effect of Election. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the costs of the services to be provided by the Community Facilities District at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit “A” to Resolution of Formation adopted by the City Council on March 18, 2025, and an appropriations limit has been established for the Community Facilities District in the amount of $5,000,000.
Section 4. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code.
Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
Section 6. Effective Date. This Resolution shall become effective immediately following its adoption.
[Signatures on Following Page]
17236.00202\43319783.1
Shafter City Council Resolution No. 3013
March 18, 2025
Page - 3 -
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF MARCH, 2025.
Chad Given, Mayor Date
ATTEST:
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
17236.00201\43320504.1
ORDINANCE NO. 765
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0816, COUNTY OF KERN, STATE OF
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Shafter, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). This community facilities district shall hereinafter be referred to as the City of Shafter Community Facilities District No. 0816, County of Kern, State of California (the “District”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.
Section 2. Special Taxes. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).
Section 3. Annual Levy of Special Taxes. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.
Section 3. Manner of Collection. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County of Kern tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Shafter, acting for and on behalf of the District.
Section 4. Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien to secure each levy of the
Shafter City Council Ordinance No. 765
April 1, 2025
special tax, shall attach to all non-exempt real property in the District and shall continue in force and effect until the lien is canceled in accordance with law or until collection of the special tax by the legislative body ceases.
Section 5. Effective Date. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City of Shafter.
The foregoing Ordinance was introduced and the title thereof read at the regular meeting of the City Council the 18th day of March 2025 and by unanimous vote of the Council members present, further reading was waived.
PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025.
Chad Givens, Mayor Date
ATTEST:
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
Marco A Martinez, City Attorney Date
Shafter City Council Ordinance No. 765
April 1, 2025
EXHIBIT “A”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE CITY OF SHAFTER COMMUNITY FACILITIES DISTRICT NO. 0816
A-1
City of Shafter 1
Public Services CFD No. 0816 (TR6614)
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0816
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Shafter Community Facilities District No. 0816 (“CFD No. 0816”) and collected each Fiscal Year commencing in Fiscal Year 2025/2026 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
1. Definitions
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a Building Permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 66313(a), as may be amended from time to time, that is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as a Unit. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No. 0816 as the administrator thereof, to determine, levy and collect the Special Taxes, including a reasonable allocation of salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. “Annual Tax Escalation Factor” On July 1, 2026 for Fiscal Year 2026/2027 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates for all Assessor’s Parcels of Taxable Property shown under Section 3 shall be increased annually by the percentage increase in the Consumer Price Index (All Items) Los AngelesLong Beach-Anaheim, CA, (1982-84 = 100) since the beginning of the preceding Fiscal Year provided however, that any such annual increase shall not exceed four percent (4%). “Approved Property” means a Lot included in a Final Subdivision Map that was recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County of Kern.
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Public Services CFD No. 0816 (TR6614)
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Tax Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by Assessor’s Tax Number(s).
“Assessor's Tax Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2025.
“Building Permit” means a permit for new construction issued by the City for new construction of a residential or non-residential building on an Assessor’s Parcel for purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human use.
“CFD” or “CFD No. 0816” means the City of Shafter Community Facilities District No. 0816, County of Kern, State of California.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and preparing the annual Special Tax roll. “City” means the City of Shafter, California.
“City Council” means the City Council of the City of Shafter which acts as the legislative body for CFD No. 0816 under the Act.
“County” means the County of Kern, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2025- 2026, each Assessor’s Parcel, for which a Building Permit for new construction was issued, prior to June 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property.
Exempt Property is not subject to the Special Tax.
“Final Subdivision Map” means a subdivision of property creating single family residential buildable Lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 4285, that creates individual Lots for which building permits may be issued without further subdivision and is recorded prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Section 3 below. “Lot” means an individual lot, identified and numbered on a recorded Final Subdivision Map, on which a building permit has been or is permitted to be issued for construction of one or more Dwelling Units without further subdivision of the lot and for which no further subdivision of the lot is anticipated.
City of Shafter 3
Public Services CFD No. 0816 (TR6614)
“Maintenance” means the labor, material, administration, personnel, equipment and utilities necessary to maintain park, landscaping, parkways, trails, median islands, public lighting, street lights, including repair and replacement of recreational facilities, trees, plant material, sod, irrigation systems, weed control and other abatements, signs, monuments, and associated appurtenant facilities.
“Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Maintenance applicable to the CFD for such Fiscal Year.
“Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by an Owners Association, not including any such property that is located directly under a residential structure. “Non-Residential Property” means any Assessor’s Parcel, or portion of an Assessor’s Parcel, of Developed Property in the CFD for which a building permit(s) was issued for non-residential use.
“Public Property” means any property within the boundaries of CFD No. 0816, the ownership of which is transferred to a public agency, and is used for rights-of-way or any other purpose and is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Reserve Fund” means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, delinquencies in the payment of Special Taxes, reserve capital to cover repair and replacement costs, and a reasonable buffer to prevent large variations in annual Special Tax levies. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units.
“Special Tax” means any special tax authorized to be levied within CFD No. 0816 pursuant to the Act and this Rate and Method of Apportionment to fund the Special Tax Requirement.
“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to:
(i) pay for the Maintenance Requirement; (ii) pay for Administrative Expenses; (iii) pay any amounts required to establish or replenish the Reserve Fund; (iv) pay for reasonably
City of Shafter 4
Public Services CFD No. 0816 (TR6614)
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (v) a credit for funds available to reduce the annual Special Tax levy.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 0816 that are classified as Developed Property or Approved Property. Taxable Property does not include Welfare Exempt Property.
“Tax-Exempt Property” means an Assessor's Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, or (ii) Owner Association Property, or (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement.
“Unit” means (i) for Residential Property, an individual single family detached or attached residential unit or an individual apartment unit, (ii) for Mobile Home Property, an individual mobile home, and (iii) an ADU. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 0816 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.
2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 0816 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as based on Section 3A and B below.
3. Maximum Special Tax Rates
A. Developed Property
TABLE 1
Fiscal Year 2025/2026
Maximum Special Tax Rates for Developed Property
Land Use
Class Description
Maximum
Special Tax
1 Residential Property $553.00 per Unit
2 Non-Residential Property $2,480.00 per Acre
B. Approved Property
City of Shafter 5
Public Services CFD No. 0816 (TR6614)
The Maximum Special Tax for Approved Property shall be $478.00 per Lot.
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2025/2026, the CFD Administrator shall determine the Special Tax Requirement and calculate the Special Tax so that the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:
Step 1: The special tax shall be levied proportionally on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. No Special Tax shall be levied on Exempt Property.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any taxpayer subject to the Special Tax and who claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD
City of Shafter 6
Public Services CFD No. 0816 (TR6614)
Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.
Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 0816.
7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by a super majority of the City Council.
8. Prepayment of Special Tax
The Special Tax may not be prepaid.
City of Shafter
Community Facilities
District No. 0816
Public Report
March 18, 2025
Prepared for:
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
661-746-5000
City of Shafter
City Council
Chad Givens, Mayor
Gustavo Olvera Jr., Mayor Pro Tem
Gilbert Alvarado, Council Member
Pete Espinoza, Council Member
Cathy Prout, Council Member
City Manager
Lance Lippincott
Deputy Public Works Director
Alex Gonzalez
City Clerk
Yazmina Pallares
TABLE OF CONTENTS
Introduction ........................................................................................................................ 1 A. Description of CFD No. 0816................................................................................... 1 B. Description of Services............................................................................................ 1 C. Boundaries of CFD No. 0816................................................................................... 2 D. Cost Estimate .......................................................................................................... 2 E. Rate and Method of Apportionment...................................................................... 2 F. General Terms and Conditions ............................................................................... 3 Exhibit A – Boundary Map ...............................................................................................A-1 Exhibit B – Cost Estimates................................................................................................B-1 Exhibit C – Rate and Method of Apportionment.............................................................C-1
February 25, 2025 Community Facilities District No. 0816 1 City of Shafter
Introduction
The City Council of the City of Shafter (the “Council”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on February 4, 2025 adopt a resolution entitled “A Resolution of the City Council of the City of Shafter, California Declaring Its Intention to Establish Proposed City of Shafter Community Facilities District No. 0816 and Taking Other Actions Related Thereto” (the “Resolution of Intention”). In the Resolution of Intention, the Council expressly ordered the preparation of a written Community Facilities District Report (the “Report”) for the proposed Community Facilities District No. 0816 (“CFD No. 0816” or the “District”).
The Resolution of Intention ordering the Report did direct that the Report generally contain the following:
1. A brief description the services by type which are required to adequately meet the needs of CFD No. 0816; and
2. An estimate of the cost of providing the services and the incidental expenses to be incurred in connection therewith.
For particulars, reference is made to the Resolution of Intention (Resolution Number 3007) for the District, as previously approved and adopted by Council.
Now, Therefore Koppel & Gruber Public Finance, the appointed responsible firm directed to prepare the Report, does hereby submit the following:
A. Description of CFD No. 0816
CFD No. 0816 is comprised of approximately 75.88 gross acres of residentially zoned land in the City of Shafter known as Orchard Park or Tentative Tract Map No. 6614.
A map showing the boundaries of Community Facilities District No. 0816 is included in Exhibit “A” of this Report. Table 1 below shows the proposed development for CFD No. 0816.
Table 1
Proposed Development
CFD No. 0816 Proposed Units
Tentative Tract No. 6614 229 Single Family Residential Units B. Description of Services
The purpose of CFD No. 0816 is to provide for the cost of services which are in addition to those services that were provided within the boundaries of CFD No. 0816 at the time of formation of CFD No. 0816, including, 1) maintenance, landscaping and lighting of parks, parkways, trails, streets, roads and open space, 2) maintenance of
February 25, 2025 Community Facilities District No. 0816 2 City of Shafter
recreational facilities, and 3) any other services authorized to be financed pursuant to the Act (the “Services”).
C. Boundaries of CFD No. 0816
A reduced map of the boundaries of CFD No. 0816 titled “Proposed Boundaries of City of Shafter Community Facilities District No. 0816” is included in Exhibit “A” and is incorporated herein.
A full-scale map is on file with the Clerk of the City of Shafter and was recorded with the County Recorder in the County of Kern in Book 0001 of Maps of Assessment and Community Facilities Districts, Page 195, Document Number 225015392.
D. Cost Estimate
The District is being formed to provide a financing mechanism to pay for the cost of services as described in Section B above for new development within the boundaries of CFD No. 0816. The overall budget for CFD No. 0816 is estimated at $126,637 for fiscal year 2025/2026, based on the special taxes expected to be generated from the District at full build out.
The proposed CFD No. 0816 shall also finance the costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such Services and costs otherwise incurred, in order to carry out the authorized purposes of CFD No. 0816.
The estimated costs of the Services are shown in 2025 dollars. For particulars on the estimated cost of Services, reference is made to Exhibit “B” of this Report.
E. Rate and Method of Apportionment
The Rate and Method of Apportionment provides sufficient information to allow a property owner within CFD No. 0816 to estimate the Maximum Special Tax for his or her property.
For particulars on the Rate and Method of apportionment, reference is made to Exhibit “C” of this report. The table below provides the fiscal year 2025/2026 special tax rates.
Classification FY 2025/2026
Maximum Special Tax
Residential Property or Approved Property $553.00 per Unit Non-Residential Property $2,480.00 per Acre
On July 1, 2026 for Fiscal Year 2026/2027 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates shown above shall be increased annually by the percentage increase in the Consumer Price Index (All Items) Los Angeles-Long Beach-Anaheim, CA, (1982-84 = 100) since the beginning of the
February 25, 2025 Community Facilities District No. 0816 3 City of Shafter
preceding Fiscal Year provided however, that any such annual increase shall not exceed four percent (4%).
F. General Terms and Conditions
The description of the Services is general in nature. The final nature and location of the Services that will be provided and/or maintained will be determined upon approval of such Services.
February 25, 2025 Community Facilities District No. 0816 City of Shafter A - 1
EXHIBIT A
BOUNDARY MAP FOR
COMMUNITY FACILITIES DISTRICT NO. 0816
A reduced copy of the recorded Boundary Map follows. The recorded copy is on file in the records of the County Recorder, County of Kern, State of California and will be provided upon receipt and by reference is made part of this Public Report.
February 25, 2025 Community Facilities District No. 0816 B-1 City of Shafter
EXHIBIT B
COST ESTIMATES
Services Budget
The budget below represents the estimated cost of Services in current year dollars assuming all properties within CFD No. 0816 are developed to the proposed number of units specified in Tentative Tract Map No.6614. The Special Tax will be levied each fiscal year based on the methodology set out in the Rate and Method of Apportionment based on the proportions set forth at the time of formation. The total costs for Services are estimates only. The City has the ability to reallocate amounts between line items as long as the total costs do not exceed the total budgeted amounts, which are subject to escalation.
Estimated Annual Budget and Revenues From
Expected Development Within CFD No. 0816
Service
Estimated FY 2025/26
Budget
Maintenance, landscaping, and lighting of parks,
parkways, trails, streets, roads, open space and
recreational facilities $116,707
Costs of providing Services and Incidental Expenses1 9,930 Total Estimated Budget $126,637
1. The proposed CFD No. 0816 shall also finance the costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such Services and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 0816.
February 25, 2025 Community Facilities District No. 0816 C-1 City of Shafter
EXHIBIT C
CITY OF SHAFTER
COMMUNITY FACILITIES DISTRICT NO. 0816
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Shafter Community Facilities District No. 0816 (“CFD No. 0816”) and collected each Fiscal Year commencing in Fiscal Year 2025/2026 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
1. Definitions
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a Building Permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 66313(a), as may be amended from time to time, that is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as a Unit. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No. 0816 as the administrator thereof, to determine, levy and collect the Special Taxes, including a reasonable allocation of salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. “Annual Tax Escalation Factor” On July 1, 2026 for Fiscal Year 2026/2027 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates for all Assessor’s Parcels of Taxable Property shown under Section 3 shall be increased annually by the percentage increase in the Consumer Price Index (All Items) Los AngelesLong Beach-Anaheim, CA, (1982-84 = 100) since the beginning of the preceding Fiscal Year provided however, that any such annual increase shall not exceed four percent (4%).
February 25, 2025 Community Facilities District No. 0816 C-2 City of Shafter
“Approved Property” means a Lot included in a Final Subdivision Map that was recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor” means the Assessor of the County of Kern.
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Tax Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by Assessor’s Tax Number(s).
“Assessor's Tax Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2025.
“Building Permit” means a permit for new construction issued by the City for new construction of a residential or non-residential building on an Assessor’s Parcel for purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human use.
“CFD” or “CFD No. 0816” means the City of Shafter Community Facilities District No. 0816, County of Kern, State of California.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and preparing the annual Special Tax roll. “City” means the City of Shafter, California.
“City Council” means the City Council of the City of Shafter which acts as the legislative body for CFD No. 0816 under the Act.
“County” means the County of Kern, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2025- 2026, each Assessor’s Parcel, for which a Building Permit for new construction was issued, prior to June 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property.
Exempt Property is not subject to the Special Tax.
“Final Subdivision Map” means a subdivision of property creating single family residential buildable Lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 4285, that creates individual Lots for which building permits may be issued without further subdivision and is recorded prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Section 3 below.
February 25, 2025 Community Facilities District No. 0816 C-3 City of Shafter
“Lot” means an individual lot, identified and numbered on a recorded Final Subdivision Map, on which a building permit has been or is permitted to be issued for construction of one or more Dwelling Units without further subdivision of the lot and for which no further subdivision of the lot is anticipated.
“Maintenance” means the labor, material, administration, personnel, equipment and utilities necessary to maintain park, landscaping, parkways, trails, median islands, public lighting, street lights, including repair and replacement of recreational facilities, trees, plant material, sod, irrigation systems, weed control and other abatements, signs, monuments, and associated appurtenant facilities.
“Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Maintenance applicable to the CFD for such Fiscal Year.
“Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by an Owners Association, not including any such property that is located directly under a residential structure. “Non-Residential Property” means any Assessor’s Parcel, or portion of an Assessor’s Parcel, of Developed Property in the CFD for which a building permit(s) was issued for non-residential use.
“Public Property” means any property within the boundaries of CFD No. 0816, the ownership of which is transferred to a public agency, and is used for rights-of-way or any other purpose and is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Reserve Fund” means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, delinquencies in the payment of Special Taxes, reserve capital to cover repair and replacement costs, and a reasonable buffer to prevent large variations in annual Special Tax levies. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units.
February 25, 2025 Community Facilities District No. 0816 C-4 City of Shafter
“Special Tax” means any special tax authorized to be levied within CFD No. 0816 pursuant to the Act and this Rate and Method of Apportionment to fund the Special Tax Requirement.
“Special Tax Requirement” meansthat amount required in any Fiscal Year for the CFD to:
(i) pay for the Maintenance Requirement; (ii) pay for Administrative Expenses; (iii) pay any amounts required to establish or replenish the Reserve Fund; (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (v) a credit for funds available to reduce the annual Special Tax levy.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 0816 that are classified as Developed Property or Approved Property. Taxable Property does not include Welfare Exempt Property.
“Tax-Exempt Property” means an Assessor's Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, or (ii) Owner Association Property, or (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement.
“Unit” means (i) for Residential Property, an individual single family detached or attached residential unit or an individual apartment unit, (ii) for Mobile Home Property, an individual mobile home, and (iii) an ADU. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 0816 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.
2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 0816 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as based on Section 3A and B below.
February 25, 2025 Community Facilities District No. 0816 C-5 City of Shafter
3. Maximum Special Tax Rates
A. Developed Property
TABLE 1
Fiscal Year 2025/2026
Maximum Special Tax Rates for Developed Property
Land Use
Class Description
Maximum
Special Tax
1 Residential Property $553.00 per Unit
2 Non-Residential Property $2,480.00 per Acre
B. Approved Property
The Maximum Special Tax for Approved Property shall be $553.00 per Lot.
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2025/2026, the CFD Administrator shall determine the Special Tax Requirement and calculate the Special Tax so that the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:
Step 1: The special tax shall be levied proportionally on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax;
February 25, 2025 Community Facilities District No. 0816 C-6 City of Shafter
Step 2: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. No Special Tax shall be levied on Exempt Property.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any taxpayer subject to the Special Tax and who claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.
Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 0816.
7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by a super majority of the City Council.
8. Prepayment of Special Tax
The Special Tax may not be prepaid.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: FISCAL YEAR 2023/2024 FINANCIAL RESULTS
RECOMMENDATION
Council find this item is informational only and does not trigger CEQA review; receive the Finance Director’s presentation on the FY 2023/2024 financial results.
BACKGROUND
At the April 1st meeting, the audit firm LSL will present the FY 2023/2024 Annual Comprehensive Financial Report (ACFR), including any audit findings. During the March 18th Regular City Council meeting, the Finance Director will provide a PowerPoint presentation summarizing the City's financial results for the fiscal year. The presentation will highlight key financial trends, revenue and expenditure performance, and overall fiscal health, with a particular emphasis on the General Fund. This overview aims to provide the City Council and the public with a clear understanding of the City's financial position and any notable financial developments.
FISCAL IMPACT
There is no direct fiscal impact associated with this presentation, as it serves an informational purpose. However, the financial results discussed may help guide future budgetary decisions and financial planning efforts for the City.
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
No
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: March 18, 2025
DEPARTMENT: Michael James, Public Works Director, Rogelio Sanchez, Finance Director
SUBJECT: UTILITY SERVICE RATE PLAN UPDATE
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and receive a presentation from City Staff covering recommendations for future water and wastewater monthly service rates.
BACKGROUND
At its June 20, 2023, meeting, the City Council authorized Staff to award a professional services agreement to Raftelis Financial Consultants (Raftelis) for preparing a utility rate study for the City's water and wastewater enterprises. The primary intent of the study is to recommend a new multi-year monthly service rate plan to ensure that each enterprise is adequately funded for operations, maintenance, repairs, and replacements. For water and wastewater, revenues have not kept pace with sharply increasing costs, particularly for labor and utilities. They are also not in a position to fund large-scale capital projects.
For the past several months, Staff and Raftelis have worked on financial planning to balance putting the City on track to meet its financial obligations while minimizing the economic impact on residents and businesses. The result of these efforts is a new fiveyear rate plan for Council consideration that, if adopted, will put the enterprises on a path toward financial recovery and, ultimately, a more proactive utility operation.
FISCAL IMPACT
There is no immediate fiscal impact associated with this report, as it is for informational purposes only. However, the proposed five-year utility rate plan, if adopted, will have long-term financial implications for the City’s water and wastewater funds. Future rate adjustments will be subject to a public hearing and Council approval, ensuring that any changes align with the City’s financial sustainability goals while considering the economic impact on residents and businesses.
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 the Utility Service Rate Plan 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.