Chapter 10

GENERAL DEVELOPMENT STANDARDS

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It is the purpose and the intent of the general development standards to ensure that new land uses and development will contribute to and be compatible with existing and future development in the surrounding vicinity in a manner which will enhance the quality of life for City residents, employers and visitors. It is further intended, that all proposed development is consistent with the goals, policies, objectives and implementation programs of the General Plan.

The standards contained in this Chapter apply throughout the City in each district and, as appropriate, for all land uses and development. Rather than repeat these regulations and standards throughout this Title, they have been compiled in this Chapter.

10.20

APPLICABILITY

The provisions of this Chapter shall apply to any land division or land use application which authorizes, or would authorize by its approval, new construction, new land uses, or the substantial modification of an existing structure or land use. The provisions of this Chapter shall apply in addition to all applicable standards or regulations for the zone district in which the use or structure is located.

10.30

ACCESSORY STRUCTURES

1. Accessory Structures within Residential Districts

   • a. Accessory Structure

Except as provided below, all accessory structures, whether attached or detached, shall meet all site development standards applicable to the main structure as required by the zone district in which the main structure is located.

b. Canopies/Patio Covers/Roofs

Canopies/patio covers, roofs, eaves, roof projections, awnings, and similar adjacent architectural features attached to the main building or connecting the main building to an accessory building, may extend into a required rear or interior side yard, provided that the portions of such structures extending into the yard:

• (1) Shall not exceed 15 feet in height, project closer than 30 inches to an interior side lot line, project closer than 30 inches to a rear lot line where the rear yard setback is five (5) feet, or project closer than five (5) feet to a rear lot line where the rear yard setback is fifteen (15) feet.

• (2) Shall be entirely open on at least three sides excluding the necessary supporting columns; except that a roof connecting a main building and an accessory building shall be open on two sides.

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c. Ground Mounted Mechanical Equipment

Ground mounted equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment; if fully enclosed, may be permitted in any rear or interior side yard setback. If fully enclosed, said equipment may project a maximum of four (4) feet into the required rear yard setback, and a maximum of two (2) feet into the required interior side yard setback, but shall be prohibited from projecting into the required front or street side yard setbacks.

d. Roof Mounted Mechanical Equipment

All roof mounted mechanical equipment, including but not limited to air conditioning compressors, evaporative coolers and pool equipment shall be located on the rear portion of the roof ridgeline in such a manner as to be screened from public streets. On commercial property, said mechanical equipment may be placed forward of a ridge line provided screening for the equipment has been approved. Industrial property is exempt from this provision.

• e. Detached Accessory Structures

  • (1) A detached accessory structure may be located within five (5) feet of interior side yard or rear yard, provided that such a structure less than 120 square feet. The structure cannot be located closer than thirty (30) inches to an interior side property line or to a rear property line unless constructed in accordance with the requirements of the California Residential Code for fire-resistant construction.

  • (2) Accessory buildings shall have a maximum height of eight (8) feet if within ten (10) feet or less to an interior or rear lot line.

  • (3) Accessory buildings shall have a maximum height of fifteen (15) feet if located more than ten (10) feet from an interior or rear lot line; provided, however, that the accessory building is no higher than the main structure.

• f. Projections into Yards

Porches, steps, and other architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls, and bay windows may project a maximum of thirty (30) inches into any required front, rear, or side setback area.

• Accessory Structures: Nonresidential Districts

• a. Accessory structures shall not be located within the “building frontage,” as defined in Section 1.190 of this Title.

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• b. Accessory structures shall meet all of the setback requirements for the associated main buildings;

• c. Eaves, roof projections, awnings, and similar adjacent architectural features may project into the City right-of-way subject to receiving an approved encroachment permit from the City Engineer.

• d. Fireplaces, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar architectural features may project into required building setback areas a maximum distance of thirty (30) inches, provided that all such features in any one setback shall not occupy more than 25 square feet of that required building setback area.

• e. Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may exceed the height limit of the land use district in which it is located by not more than 25 percent, provided that such feature shall not be used for habitable space and appropriate screening is provided for mechanical equipment when possible.

e. Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may exceed the height limit of the land use district in which it is located by not more than 25 percent, provided that such feature shall not be used for habitable space and appropriate screening is provided for mechanical equipment when possible.

• f. Ground and wall mounted equipment incidental to industrial, commercial or office development shall be appropriately screened with solid walls and/or landscaping. Such equipment shall not be located in front of a building and any screening provided shall be architecturally compatible with adjacent architecture and materials.

• g. Roof-mounted equipment shall be used only for the building upon which it is mounted.

• h. Roof-mounted equipment shall be screened from public view to the extent practicable, as follows:

  • (1) All roof screens must be solid and continuous. Equipment may be covered by continuous grills or louvers.

  • (2) Roof screens shall be sheathed in a matching or complimentary material to the exterior building material and may include metal panels, aluminum, copper, ceramic tile, or other surface as approved by the Planning Department.

  • (3) Mechanical plants and distribution networks shall be located in a manner that is compatible with the affected building.

1. Purpose and Intent

This Section is intended to ensure that development proposals which include the design and/or construction of new roads, trails, and transit facilities are consistent with the adopted Circulation Element and Open Space/Conservation Element of the General Plan, and contribute to the

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implementation of the goals and policies of those Elements. Further, it is intended to ensure that proposed transportation improvements are consistent with efficient traffic management and good traffic engineering practices.

2. Public Street, Highways, Alleys, Easements

   • a. All streets, highways, alleys and ways shall be designed and constructed in accordance with the City’s Subdivision and Engineering Design Standards as may be periodically Updated by the City Engineer as incorporated herein by reference.

   • b. The design of any new street system proposed as part of any new development shall, in the opinion of the City Engineer, relate to the established street pattern In the area adjoining the proposed development.

   • c. The proposed street plan shall provide for access and connection for future subdivision or development of adjoining undeveloped property when applicable.

   • d. All streets shall be designed, dedicated and constructed in a manner consistent with the Circulation Element of the General Plan and the City’s Subdivision and Engineering Design Standards.

   • e. Additional rights-of-way or easements shall be provided when the City Engineer determines that such additional rights-of-way or easements are necessary to accommodate roadway slopes, drainage structures, and other facilities related to improvements required for a development.

   • f. No direct access to residential property contiguous to a freeway, highway, of arterial street, as shown on the Circulation Element of the General Plan, shall be permitted except by a frontage road, service road, or street separated from said major thoroughfare by a tier of lots.

g. The design and construction of new, or the extension of any existing streets, shall be consistent with the surrounding street pattern, the Circulation Element of the General Plan, and the City’s Subdivision and Engineering Design Standards. The design and construction of parkways, grade separations, flood control facilities, local drainage facilities and other physical constraints shall be consistent with good engineering practice and shall be subject to approval by the City Engineer.

• h. Secondary or alternative access shall be provided for all new development whenever deemed necessary by the City Engineer to protect the public safety.

• i. Within subdivisions and other developments where immediate full improvements are not required, the centerline alignment of the street

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right-of-way shall be located so that future improvements can be constructed in accordance with the conditions of approval.

• j. The type and placement of required street name signs shall conform to the City’s Subdivision and Engineering Design Standards.

  • k. All new or reconstructed streets which are not through streets shall terminate in a cul-de-sac, designed to the specifications of the City’s Subdivision and Engineering Design Standards, unless specifically waived by the City Engineer in favor of some other design alternative.

  • l. Street lights shall be installed along the right-of-way of all newly constructed or extended streets within the City, unless this requirement is specifically waived by the City Engineer.

  • m. Clear site triangles shall be maintained at intersections of public roadways, and at intersections of private driveways or alleyways with public roadways in a manner consistent with the City’s Subdivision and Engineering Design Standards

3. Private Streets, Alleys, or Ways

   • a. Private streets may be permitted when the City Engineer determines that:

     • (1) There is adequate provision for their construction and continuous maintenance;

     • (2) The access and parking needs of the occupants of the development will be adequately served;

     • (3) The construction, use, and maintenance of private streets will not be detrimental to the public health, safety and general welfare;

     • (4) Occupants of the development are better served by private streets; and

     • (5) The type of development proposed is typically served by private streets.

     • (6) Private streets may, subject to approval by the City Engineer, provide for access control by design, posting or gating.

   • b. The intersection of a private street or drive with a public street shall be indicated by posting, gating, or a change of pavement material and color at the entry to the private street, as approved by the City Engineer.

   • c. Concrete rolled curbs may be permitted in place of standard curbs on private streets and drives upon the determination by the City Engineer that the streets are adequate to handle drainage, that an adequate

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maintenance program is provided for in the covenants, conditions and restrictions, and/or some other maintenance mechanism approved by the City Engineer is utilized.

4. Sidewalks, Walking Paths, Bicycle Paths and Horse Trails

   • a. Sidewalks shall be constructed in conjunction with public and private streets unless they are determined by the Planning Commission to be unnecessary, considering the rural nature of the development and/or pedestrian circulation needs. Sidewalk construction shall be in accordance with the City’s Subdivision and Engineering Design Standards.

• b. The City may require dedication of walking paths, equestrian, and/or other trails for public use when such paths are determined to be necessary to further the goals and objectives, policies, or programs of the General Plan. In addition, and in conjunction with required street dedications, a project applicant may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the development.

5. Local Transit Facilities

The City may require the dedication or irrevocable offer of dedication of land for local transit facilities such as bus turnouts, benches, shelters, loading pads and similar items. If a subdivision is involved such requirements shall directly benefit the residents of the subdivision, and shall apply only if the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the City’s General Plan and if the City finds that transit services are or will, within a reasonable time, be made available to the subdivision.

1. Purpose and Intent

The purpose of this Section is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects and stock cooperatives, the lessors of cooperative apartment projects and stock cooperatives, and the lessors of cooperative apartments, as well as mobilehome park residents in parks proposed for subdivision activity.

2. Applicability

All new or converting residential and commercial condominiums, community apartment projects, stock cooperatives, and cooperative apartments including mobilehome park conversions shall be reviewed for conformance with the provisions of this Code under the City’s conditional use permit procedure, in addition to any and all requirements for preparation, review, and approval for

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a Subdivision Map, pursuant to the Subdivision Map Act and Title 16 of the Municipal Code.

This section shall also apply to the conversion of mobilehome parks to a mobilehome subdivision, condominium or cooperative. Conversion of a mobilehome park to any other use, or cessation of use of the land for a mobilehome park, shall be subject to Section 65863.7 and 65863.8 of the California Government Code.

3. Minimum Requirements

Except as otherwise provided by law, in approving or conditionally approving any condominium projects, including conversions of apartments or mobilehome parks, the following shall be required:

a. Parking

Off-street parking shall be provided in the amount and type pursuant to standards for new construction in Chapter 13 of this Title.

• b. Yard and Height Requirements

All new condominium projects, including conversions of apartment or conversion of mobilehome park developments, shall comply with property development standards for the district in which the project is to be located, except that nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the City when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.

• c. Covenants, Conditions, and Restrictions (CC & Rs)

The Covenants, Conditions, and Restrictions (CC & Rs) for the new or converting condominium project, including conversion of apartment and mobilehome park projects, shall be reviewed and approved by the City and shall include an agreement that the following shall be guaranteed by the subdivider:

• (1) Common area items, including but not limited to; a roof, plumbing, heating, air-conditioning, and electrical systems shall be maintained by the sponsor of the conversion, or the developer, in good condition until one year elapses from the date of the sale of the last individual unit sold.

• (2) Adequate provisions for maintenance, repair, and upkeep of common areas.

• (3) Provisions, that in the event of destruction, reconstruction shall be in accordance with codes in effect at the time of such reconstruction.

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  - (4) Provisions for dedication of land or establishment of easements for street widening or other public purpose. 

• d. The CC & Rs shall provide that individual unit owners have the right to select or change the management group or the homeowner association 90 days after sale or transfer of title of 51 percent of the units. The CC & Rs shall provide that subsequent owners agree to make no changes in the CC & Rs imposing restrictions on the age, race, national origin, sex, marital status or other similar restrictions of occupants, residents, or owners.

4. Condominium and Mobilehome Park Conversion

   • a. Condominium conversions and mobilehome park conversions may be approved in the City pursuant to the procedures in Section 2.50 of this Title for a conditional use permit and for a tentative tract map as set forth in Title 16 of the Municipal Code.

   • b. No condominium conversion or mobilehome park conversion shall be approved unless and until all of the following conditions have been met by the subdivider:

     • (1) Tenants have received a Tenant’s Notice of Intent to Convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) prior to filing a Notice of Pending Application to Convert with the Planning Director. Such notice shall be given by the applicant, and shall contain information as to tenant’s rights under state and local regulations.

     • (2) A Notice of Pending Application to Convert has been filed with the Planning Director, prior to the filing of a tentative subdivision map and conditional use permit application. The notice shall include a copy of the Tenant’s Notice of Intent to Convert and a Building Condition and History Report prepared by a building inspection service or similar agency acceptable to the Building Official and Fire Department. The report shall contain information set forth on forms to be provided by the Planning Director, including, but not limited to: date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and any violations of housing, fire, or building codes, a listing of the proposed improvements to be carried out, an estimated time schedule, the present rent schedule including type and length of tenancy, the estimated prices of the converted units and/or lots, a copy of the proposed CC & Rs, a Tenant Relocation Assistance Plan indicating the number of tenants interested in purchasing or relocating, and detailed plans for assisting in the relocation of tenants. The subdivider shall furnish each prospective buyer with a copy of this report together with the CC & Rs.

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• (3) The Planning Department shall prepare and deliver to the applicant a Staff Report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.

  • (4) Tenants shall be notified by the subdivider in writing, of all public hearings in connection with an application for conversion, and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.

  • (5) The applicant shall comply with the latest City adopted California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, and all other applicable codes, ordinances and regulations. The applicant shall further complete such alterations or repairs required by the Building Official prior to the sale of any such units.

  • (6) Written notice shall be given to all residential tenants not less than one (1) year from the date of tentative approval.

• c. For residential conversions, the Planning Commission shall also determine that:

  • (1) The conversion is consistent with the General Plan; and

  • (2) The vacancy factor of rental housing units in the City exceeds three (3) percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the Planning Commission determines that a new rental unit has or will be added to the City’s housing inventory for each rental unit removed through conversion; and

  • (3) The subdivider has complied with all provisions of this Title and all other requirements and conditions as may be imposed by the Planning Commission.

Except where a home occupation is involved, no structure originally designed as a residence (including hotels and motels), or as an accessory structure or addition to a residence, shall be used for any commercial or office use unless the building and site are improved to meet all code requirements for an office or commercial development. This includes but is not limited to building code, fire code, and the requirements of this Title. Such a conversion may be a permitted use or may be subject to a conditional use permit process, depending on the base district use regulations.

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1. General Requirements

The dedication requirements, as specified by this Section, are imposed as provided by Section 66475 of the Subdivision Map Act and shall apply to all final tract and parcel maps, parcel map waivers, lot line adjustments and lot mergers unless exempted from specific dedication requirements by the Subdivision Map Act. In addition, the provisions of this Section may be imposed as necessary on projects not involving a subdivision in order to implement the provisions of the General Plan.

2. Public Streets, Highways, Alleys, Easements

All streets, highways, alleys, ways, easements, rights-of way, and parcels of land which are shown on the final tract map, parcel map, or development plan, and which are intended for public use shall be offered for dedication for public use by appropriate certificate unless required otherwise by the City Engineer. All irrevocable otters of dedication shall also be shown by appropriate certificate. If a subdivision is involved, the certificate shall be on the title sheet of the final map. Where lots exist along a public street, highway, alley or easement that does not align with the subject lot, the developer of any such lot shall dedicate to the City such land necessary to assure the continued planned line of improvements along such lot prior to the issuance of a building permit.

When vehicular access rights from any lot or parcel to any highway or street are to be restricted as a requirement of a subdivision, such rights shall be forfeited in favor of the City by an appropriate certificate. A note stating: “VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF SHAFTER” shall be placed on the final map along the highway or street adjacent to the lots or parcels affected. If a subdivision is not involved, equivalent certificates and notes dedicating such vehicular access rights shall be required in a form approved by the City Engineer.

3. Utility and Landscape Easements

Any public or private utility and/or landscape easements required by any utility agency or by the City shall be shown on the final tract map, parcel map, or by the equivalent documentation if a subdivision is not involved. Said easements shall be dedicated to the appropriate party.

4. Drainage Facilities

In the event that a subdivision or development, or any part thereof is determined by the City Engineer to be traversed by a major watercourse, channel, stream, or creek, the subdivider or developer shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the City Engineer, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider or developer may, as approved by the City Engineer, either construct an adequate channel within such dedication or delineate the course of such

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watercourse upon the final map or upon an equivalent document if a subdivision is not involved.

If an artificial drainage facility is necessary for the general use of lot or parcel owners in a subdivision or other development, and is necessary for adequate drainage, as may result from the development and its improvements, the subdivider or developer may be required to provide such improvements. If required, an adequate right-of-way for the construction and maintenance of such drainage channel shall be dedicated on the final map, if applicable, or granted by separate instrument.

When storm drains are necessary for the general use of lot or parcel owners in a subdivision, or other developments, and such storm drains are not to be installed in the streets, alleys, or ways of such subdivision or development, then the subdivider or developer shall offer to dedicate upon the final tract map, parcel map, or by separate instrument, the necessary rights-of-way for such facilities.

When property or any portion thereof being subdivided or developed is within the natural or artificially planned drainage path, as indicated in any approved city drainage plan of adjoining unsubdivided or undeveloped property, and no street, alley, or way within the subdivision or development is designed to adequately provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of-way which are adequate to accommodate the flows calculated for such adjoining property based on the full development of said adjoining property.

The maximum allowable development density or intensity of development shall be as specified in the General Plan and as specified in the zone district within which the proposed development is to be located. In determining the allowable number of dwelling units on a development parcel, all remainders of 51 percent (51%) or greater shall be rounded to the next higher whole number.

1. Density Bonuses

   • a. Affordable Housing and Qualifying Residents Projects

     • (1) Granting density bonus or other equivalent financial incentive is governed by Government Code Section 65915 when a developer of a residential project agrees to meet at least one of the following requirements:

       • (a) Construct at least 10 percent of the total units for lower income households, as defined in Section 50079.5 of the Health and Safety Code; or

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Lower Income Units: For each percent (1%) increase above 10 percent (10%) in the affordable units for lower income households, the density bonus shall be increased by one and one-half percent (1.5%) up to a maximum of thirty-five (35%), as shown in Table 1:

Table 1: Lower Income Units

• (b) Construct at least 5 percent of the total units for very low income households, as defined in Section 50105 of the Health and Safety Code; or

Very Low Income Units: For each percent (1%) increase above five percent (%5) in affordable units for very low income households, the density bonus shall be increased by two and on-half percent (2.5%) up to a maximum of thirty-five percent (35%), shown in Table 2:

Table 2: Very Lower Income Units

(c) A senior citizen housing development, as defined in Section 51.3 and 51.12 of the Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, the density bonus shall be 20% of the number of senior housing units.

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• (d) Ten percent of the total dwelling units in a common interest development as defined in Section 4100 of the Civil Code for person and families of moderate income as defined in Section 50093 of the Health and Safety Code provided that all units in the development are offered to the public for purchase.

Moderate Income Units: For each percent (1%) increase above ten percent (10%) in affordable units offered for sale to moderate income households, the density bonus shall be increased by one percent (1.0%) up to a maximum of thirty-five percent (35%), as shown in Table 3:

Table 3: Moderate Income Units

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• (e) Rents for the lower income density bonus shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.

• (2) A request for density bonus and regulatory concessions or incentives shall apply to projects of five or more residential units, and shall be subject to the following provisions:

(a) Density bonus shall mean up to thirty-five percent (35%) density increase over the maximum allowable base General Plan Land Use density. In calculating the number of units which is equal to the required threshold as identified in Subsection a.(1)(a) through a.(1)(e) of this Section, the density bonus shall not be included in such calculation.

• (b) The policies for achieving a density bonus shall be as follows:

  • 1. The City shall approve the density bonus and regulatory concessions and/or incentives only if the following findings can be made:

a) Affordable Housing.

The proposed project is consistent with the goals, policies and strategies of the General Plan; and

The proponent has demonstrated that the waiving or modifying of development standards is necessary to insure the economic feasibility of the project; and

The target units will be within the income level for those individuals for which the units are proposed to be developed.

b) Qualifying Residents.

The proposed project is consistent with the goals, policies and strategies of the General Plan; and

The proponent has demonstrated that the waiving or modifying of development standards is necessary to insure the economic feasibility of the project; and

A commitment has been submitted in writing by the developer guaranteeing that the facility or development will be used for qualifying residents.

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• (3) The developer shall enter into an Affordable Housing or Qualifying Residents Agreement for any target dwelling unit tor which a bonus density regulatory concessions and/or incentives have been granted as follows:

  • (a) The agreement shall be for fifty-five (55) years or longer, as may be required for any construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or other similar programs unless the City makes a written finding that an additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents or equivalent housing payment for the targeted units to be set as specified herein, in which case the agreement shall be for ten (10) years.

In the event that the City provides any assistance, the agreement shall meet the provisions of Section 65915 of the Government Code.

• (b) Dwelling units targeted for lower income households, as defined in Section 50079.5 of the Health and Safety code, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of the 80 percent (80%) of Kern County median income as defined by H.U.D. or the State.

• (c) Dwelling units targeted for very low income households, as defined in Section 50105 of the Health and Safety Code, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of fifty percent (50%) of Kern County median income as defined by H.U.D. or the State.

• (d) The Covenants, Conditions and Restrictions (C.C. & Rs) and the Affordable Housing or Qualifying Residents Agreement shall specify the designated target units which shall be set aside for persons or households of affordable income levels or qualifying residents and shall include a covenant that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interest of same which no longer complies with the provisions of the C.C. & Rs and the Affordable Housing Agreement or Qualifying Residents Agreement without the written approval of the City. An annual report shall be submitted by January 31 of each year to the Planning Director confirming that the rent or sales price, or age restrictions for qualifying residents of all

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target units for the previous calendar year is within the income levels or meets the age restrictions as specified herein.

• (4) In addition to any density bonus provided for the project, the City shall provide at least one of the following concessions or incentives or provide other incentives of equivalent financial values based upon the land cost per dwelling unit to the developer unless the City makes a finding satisfying the requirements of Section 10.80 of this Title:

• (a) A reduction in site development standards or a modification of Zoning Code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.

  • (b) Approval of mixed use zoning in conjunction with housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the areas where the proposed housing project will be located.

  • (c) Other regulatory incentives or concession proposed by the developer and/or City.

    • In the case of condominium conversions, the City need only grant a density bonus or other incentives of equivalent financial value. The City need not provide a cash transfer payment or other monetary compensation, but may include the reduction or waiver of requirements which the City may apply as conditions of approval.

(5) Qualifying Residents.

Residential occupancy shall be limited to single persons at least 62 years old, or to cohabiting couples of which one person is at least 62 years of age for project less than 150 units. Such age restriction may be reduced to 55 years old for projects greater than 150 units.

This Section shall apply to both independent living and congregate care facilities as described below:

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Independent Living: Facilities designed to accommodate independent lifestyles shall include individual rooms which, at a minimum, consists of a full bathroom, sleeping area, kitchen, and parking garage.

Congregate Care Facilities: Shall provide, at a minimum, a full bathroom, sleeping area, communal kitchen, dining area, and recreational area appropriate for the number of residents.

• (a) Development Design and Facilities.

  • 1. Lighting.

Adequate external lighting shall be provided for security purposes. The lighting shall be directed away from adjacent properties and public right-of-way.

• 2. Laundry Facilities.

  • a) Independent Living. Washer and dryer hookups shall be provided in each dwelling unit or in an attached garage.

  • b) Congregate Care Facilities. On site common laundry facilities including installation of washer and dryers shall be provided and may include shared laundry rooms.

• 3. Common Facilities.

May include one or more of the following facilities located on site for the specific use of the residents of the project, if approved by the Planning Agency.

• a) Beauty salon and barber shop.

• b) Small scale pharmacy.

• c) Private common carrier transportation, maintained and operated by the facility.

• d) Other similar facilities for the sole enjoyment of the residents.

• 4. Minimum Unit Size.

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

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Notwithstanding the provisions of Table 4.8, Chapter 4 of this Title, regulating minimum dwelling unit size, the units provided shall be no less than 415 square feet in floor area for efficiency units, 540 square feet in floor area for one bedroom, and 640 square feet in floor area for two bedroom, or as otherwise approved by the approving authority.

5)

Open Space Requirements.

a) Private Open Space.

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

b) Common Open Space.

Notwithstanding the Provisions of Section 4.30.4.c of this Title, two-hundred twenty-five (225) square feet of usable common open space per unit shall be provided within the boundaries of all projects. Usable open space shall constitute area(s) readily available, practical and generally acceptable for active and/or passive recreational uses. Up to forty percent (40%) of the required common open space may be provided in the form of a common leisure/recreation room.

6) Parking Security

Parking facilities shall be designed to provide security for residents, guests, employees, shall be integrated into the architecture of the facility, and shall comply with the provisions of Chapter 13 of this Title.

7. Transit Facilities.

a) A bus turn out and shelter along the street frontage may be required to be dedicated and constructed where the development occurs along an established or planned bus route.

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• b) In lieu of a bus turn out and shelter, the developer may provide a private, onsite taxi, or equivalent service.

b. Additional Residential Conditions

The City may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project.

• c.

Qualifying Non-residential Projects

• (1) Granting of a floor area ratio bonus is governed by Government Code Section 65917.5 when a developer of a commercial or industrial project agrees to meet the following requirements:

  • (a) The commercial or industrial project must consist of at least fifty-thousand (50,000) square feet of floor area.

  • (b) The developer must agree to set aside at least twothousand (2,000) square feet of floor area and threethousand (3,000) outdoor square feet to be used for a child care facility.

• (2) A request for a floor area ratio density bonus shall apply to commercial and industrial projects of fifty-thousand (50,000) square feet or greater, shall require approval of a conditional use permit, and shall be subject to the following provisions.

• (a) Floor area ratio bonus means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning and general plan requirements including:

  - 1) A maximum of five (5) square feet of floor area for each one (1) square foot of floor area contained in the child care facilities for existing structures. 
  
  - 2) A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the child care facilities for new structures. 
  
  - 3) Projects constructed under this section shall conform to height, setback, lot coverage, parking, site plan review, fees, charges and other health, safety and zoning requirements generally applicable to construction in the zone in which the property is located; except as may be modified by this Chapter.
  

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• (b) The day care facility may be located either on site or off site as agreed upon by the developer and the City, and shall be of a size to comply with all state licensing requirements in order to accommodate a minimum of forty (40) children. A consortium with more than one developer may be used in order to achieve the threshold amount for the available floor area ratio density bonus and with each developer’s bonus density pro rated based on the percentage participation of each developer.

• (c) The developer may either operate the day care facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developer must coordinate with a local child care resource and referral network in order to qualify for the floor area ratio bonus.

• (d) Once the child care facility has been established, prior to any closure, change in use, or reduction in the size of the facility, the City Council shall find that the need for child care is no longer present, or is not present to the same degree as it was at the time the day care facility was developed.

• d. Additional Non-Residential Conditions

The City may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project.

1. Residential Districts

   • a. In any required front yard or street side yard of a reversed corner lot, a wall or fence shall not exceed forty (40) inches in height.

   • b. A wall or fence not more than six (6) feet in height, as measured from the adjacent grade on the same parcel may be maintained along any interior side yard, rear yard or street side yard provided that such wall or fence does not extend into the required front yard or the street side yard of a reverse corner lot, with the following exception:

     • (1) For lots adjacent to a sidewalk, that portion of Section 10.90.1.b above which provides for a six (6) foot high fence may be increased to a maximum height of eight (8) feet above the grade of the adjacent sidewalk when the final grade of the subject lot is at least two (2) feet higher than the adjacent sidewalk; provided that for each one (1) foot of fence height above the six (6) feet, two (2) feet of landscaped area shall be provided between the sidewalk and the subject fence.

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• c. No barbed wire shall be used or maintained as a fence or wall, or as any part of a fence or wall when located along a front, side, or rear property line of any lot or within 3 feet of any such property line; nor shall any sharp wire or points project above the top of any fence or wall.

2. Non-Residential Districts

   • a. Within any required front building setback area, wall or fences shall not exceed forty inches in height. However, walls or fences may be permitted up to a maximum height of five feet provided that the portion of the fence or wall above 40 inches in height is 90 percent lightemitting wrought iron or other similar material.

   • b. Walls for the purpose of screening commercial and industrial activities from more sensitive land uses, and for sound attenuation, shall be required as a condition of approval for commercial or industrial development. The height, placement and design of such walls shall be determined based on the required sound attenuation and/or need for visual screening to ensure consistency with General Plan policies and performance standards. In some instances, site specific conditions may require a variance to maximum wall height requirements in order to meet the provisions of this paragraph.

   • c. In any required rear or interior side building setback area, except as provided by Section 10.90.2.b above, walls and fences shall not exceed six (6) feet in height except with an approved conditional use permit.

   • d. No barbed wire or any other sharp point wire, such as razor sharp chain link fence topping, or points be permitted as a fence or part of a fence or wall in a Downtown Commercial or Neighborhood Commercial zone district.

   • e. In a General Commercial, Business Park, Industrial, or Community Facilities zone district, barbed wire may be used as part of a fence or wall as set forth hereunder:

• (1) Where permitted, barbed wire shall be limited to three (3) strands, no more than one (1) foot in height, when placed on top of a fence or wall when that fence or wall is no less than six (6) feet in height. All other types of fences, or parts of fences or walls, that have sharp wire, such as razor sharp chain link fence topping, or points projecting above the top or to the side of a fence or wall, are prohibited.

  - (2) Said barbed wire, when in compliance with the requirements of subsection 2.a. above, shall be located no less than twentyfive (25) feet from a front or street side property line, unless otherwise approved by the Planning Commission.
  

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Whenever a tentative map or other residential, commercial or industrial development is approved, which will require grading or other preparation of the soil, the City may impose conditions relating to grading on the approval of the development. Such grading conditions shall be in addition to any other provisions of the Building Code applicable to the project. Such conditions shall be included by the Building Official or City Engineer in any grading permit thereafter issued. Such conditions may include, but are not be limited to, the following:

1. A requirement that lands slope toward rather than away from the street.

2. Requirements for planting and landscaping of slopes.

3. Requirements for the irrigation of slopes.

4. Limitations on the amount of soil to be imported or exported from the site.

5. A designation of the streets over which trucks or equipment may travel for the purpose of importing or exporting soil.

6. A limitation on the periods during which grading operations may occur.

7. Such other conditions as will facilitate an orderly development of the property in accordance with the provisions of the General Plan and the project’s approval.

1. Purpose and Intent

In accordance with State law and the adopted Kern County Hazardous Waste Management Plan, the purpose of this Section is to ensure that businesses locating or operating within the City, which utilize, store, transport or dispose of hazardous materials, incorporate available risk management and waste minimization practices into their operations. Furthermore, the intent of this section is to minimize the risk of exposure to hazardous materials for residents and property within the City.

2. Preliminary Information Requirements

   • a. All land use applications submitted for a new business or for expansion, or modification of an existing business shall provide information disclosing the amount and type of hazardous materials used and hazardous waste generated, the business practices for management and reduction of these substances, and emergency response procedures in the event of an accidental release.

   • b. A preliminary hazardous waste minimization plan which identifies proposed waste management and reduction efforts shall be submitted to the City with all applications for land uses which are potential

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hazardous waste generators, as defined by the Kern County Hazardous Waste Management Plan.

3. Hazardous Materials Notification Requirements

   • a. Any land use which handles or will handle any hazardous material or hazardous waste (as defined by the County Hazardous Waste Management Plan) in excess of 55 gallons of liquid, 300 pounds of solid, 200 cubic feet of compressed gases, or any combination thereof, unless the federal threshold is lower, shall prepare and submit a Business Plan to the County Department of Environmental Health Services and the City Fire Department prior to final approval of any permits. The contents of said business plan shall be as required by the County Hazardous Waste Management Plan.

   • b. Prior to final approval, a Risk Management and Prevention Program as defined in the County Hazardous Waste Management Plan shall be submitted to the County Department of Environmental Health Services and City Fire Department for review and approval by any new, modified or expanded land use within the City which handles or will handle “acutely hazardous materials” (AHM), as defined in the County Hazardous Waste Management Plan, in amounts greater than 55 gallons of liquid, 500 pounds of solid or 200 cubic feet of a compressed gas.

   • c. Commercial and industrial uses which propose to locate within the City provide the Fire Department with a list of all hazardous materials used at the site, a description of where and how each is stored, and how each react in a fire.

   • d. Placards or other appropriate signage shall be placed on all buildings or structures which are used for the storage of hazardous materials or wastes.

4. The unlawful discharge of hazardous wastes into the air, land, or water resources within City boundaries is prohibited.

10.120

HEIGHT LIMITATIONS

Unless modified by this Chapter; Chapter 11 (Specific Use Development Standards), or Chapter 12 (Performance Standards), the maximum allowable height of a structure shall conform to the regulations of the zone district within which the structure is to be located.

1. Improvement Standards

   • a. Standards for the design and improvements of subdivisions and other developments shall be in accordance with the applicable Sections of Title 16 of the Municipal Code, the Subdivision Map Act, the General

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Plan, any specific plans adopted by the City, and such other standards, regulations, or ordinances as may, from time to time, be adopted by the City Council.

• b. In the absence of a standard for an improvement, the City Engineer may establish a standard in keeping with good construction and engineering practices.

2. Improvement Plans Required

   • a. All improvements proposed to be constructed or installed in subdivisions or other residential, commercial, or industrial developments shall be in accordance with detailed plans and specifications approved in writing by the City Engineer prior to commencement of said improvement work.

   • b. Improvements plans in sufficient detail shall be submitted to and shall be approved by the City Engineer prior to submitting a final subdivision map to the City Council, or if no final subdivision map is required, prior to commencement of construction.

   • c. Required improvement plans shall show the location of all existing improvements, including but not limited to electrical, natural gas, telephone, and any other service facilities adjacent to or potentially affected by the proposed improvements. Specific improvement plan requirements shall be compiled and made available to the public by the City Engineer. Improvement plans shall be prepared by a professional civil engineer registered in the State of California.

   • d. All improvement plans shall be prepared by a registered civil engineer. Said improvements shall be completed or shall be bonded for, in accordance with adopted city bonding requirements, by each subdivider or developer, as required by the conditions of approval, prior to acceptance of the final tract map, or the equivalent, if a final subdivision map is not required.

   • e. Improvements which are proposed to be or are required to be located within State highway rights-of-way shall be shown on the improvement plans and shall be designed to California Department of Transportation standards. Prior to approval by the City Engineer, the subdivider or developer shall acquire the Department of Transportation’s approval of such improvements.

   • f. An encroachment permit shall be obtained prior to commencement of any work done in connection with subdivisions or other residential, commercial, or industrial development projects, within the public rightof-way.

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1. Non-Residential

   • a. All outdoor lighting associated with nonresidential uses, excluding recreational uses, shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed 0.5 footcandles of illumination beyond the property containing the nonresidential use, and shall not blink, flash, oscillate or be of unusually high intensity of brightness.

   • b. Parking areas of five or more spaces shall have an average of one-half (0.5) foot-candles of illumination per square foot of parking area for visibility and security during hours of darkness.

   • c. Each parking area of five or more spaces existing prior to the effective date of this Section, which is enlarged, re-constructed, altered, or changed from its previous configuration shall be subject to the above illumination requirements.

   • d. Wiring for illumination shall be underground.

   • e. The following types of outdoor lighting usage shall be prohibited between 10:00 p.m. and dawn:

     • (1) The operation of searchlights for advertising purposes; and

     • (2) The illumination of outdoor public recreational facilities, unless a specific recreational activity requiring the lighting is already in progress. All lighting shall be on a time clock or photo-sensor system.

2. Residential

   • a. All single-family, duplex and triplex residential dwelling units shall be equipped with security lighting affixed to the exterior of each garage and above the exterior of each front and rear door.

     • (1) Lights shall be installed and shall be hard-wired into the electrical power source.

     • (2) Lights shall be shielded and directed away from surrounding residential uses and shall not blink, oscillate or be of unusually high intensity.

   • b. Outdoor light poles within residential areas, except for street lighting, shall not exceed 12 feet in height. Such lighting shall be designed to project downward, and shall not create glare on adjacent properties.

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3. Recreational

• a. A conditional use permit shall be required for all sport and athletic field, stadium, or major event lighting.

Unless otherwise specified in Chapter 11 (Specific Use Development Standards), the minimum allowable building site size shall be in accordance with the regulations of the zone district within which the structure is to be located.

10.160

MANUFACTURED HOUSING

Manufactured housing, fabricated off-site and to be installed on a parcel of land, which includes mobilehomes, manufactured homes, and modular homes, may be permitted on individual lots that permit single family detached housing subject to the following requirements:

1. The manufactured home is permanently attached to a permanent foundation in compliance with all applicable building regulations.

2. If the manufactured home is a mobilehome, construction shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974, (42 U.S.C. Section 5401 et. seq.) pursuant to Section 18551 of the Health and Safety Code. Documentation indicating certification and construction date must be submitted to the building Department in order to secure a valid building permit.

3. The manufactured home is no less than sixteen (16) feet wide and no less than eight-hundred and fifty (850) square feet in area.

4. The Planning Director determines that the placement of the manufactured home is compatible with the existing development in the immediate area in which it is being placed, in accordance with the following criteria:

   • a. The design of the manufactured home shall be similar in character and appearance to other dwellings in the immediate vicinity relative to design features including, but not limited to: unit size, roof overhangs, roof materials, roof pitch, and exterior materials; and

   • b. All building setbacks, parking, coverage, height, and sign requirements of the base district shall apply.

5. Manufactured housing shall comply with the following architectural requirements:

   • a. A minimum 3 in 12 (3 inches vertical to 12 inches horizontal) roof pitch and a minimum of one (1) foot eave around the entire perimeter of the manufactured home, as measured from the vertical wall surface is required.

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• b. Roofing material customarily utilized in the construction of a conventional single family dwelling; such as but not limited to: wood shingles, tile, crushed rock, asphalt, or composition shingles is required.

• c. Only non-reflective or non-glossy siding materials customarily utilized in the construction of conventional single family housing shall be permitted. These materials may include, but are not limited to: brick, stucco, wood or plaster.

• d. The predominant shape and form of the manufactured home shall be compatible with that of the surrounding neighborhood.

• e. The design and materials of any enclosed garage, porch, or other structure that is visible from the street, shall be compatible with the requirements of the main dwelling.

6. Manufactured homes not meeting installation and architectural requirements specified in this Section, shall be permitted only upon approval of a conditional use permit, pursuant to the provisions of this Title.

1. Purpose and Intent

The intent and purpose of this Section is to establish standards to be used in the development of mobilehome parks within the City. These standards are intended to assure a suitable living environment for those persons residing within mobilehome parks and within nearby residential neighborhoods.

2. Objectives

   • a. Encourage the use of private streets and the private maintenance thereof.

   • b. Provide for recreational amenities and common areas, with controls and maintenance thereof by the mobilehome park owner, homeowners association, or common interest group.

   • c. Provide a design that is related to and compatible with existing and planned land uses and circulation patterns on adjoining properties.

3. Conditional Use Permit

A conditional use permit, as provided in Section 2.50 of this Title, shall be required for development of a new mobilehome park and/or for modification or expansion of an existing mobilehome park. Whenever a difference occurs between the standards of this Section and an underlying zone district, the standards of this Section shall apply.

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4. Site Development Standards

The following standards shall apply to the development of a mobilehome park. Additional requirements may be specified in conditions of approval of a conditional use permit.

• a. A mobilehome park shall be no less than 5 acres in size.

• b. No more than seven (7) mobilehome spaces per gross acre shall be permitted. Rights-of-way of interior streets may be included in the gross acre figure.

• c. The maximum permitted coverage of mobilehomes and all accessory buildings and/or structures shall be 75 percent of the total area of the project site.

• d. The minimum area of a mobilehome space shall be 3,500 square feet.

• e. Each mobilehome space shall comply with the following minimum yard setbacks. There may be no encroachments on any yard setback.

  • (1) Front Yard: 10 feet.

  • (2) Rear Yard: 5 feet.

  • (3) Side Yard: 5 feet.

• f. Parking within a required access drive is prohibited. Width of access drives shall be determined by the City Engineer.

• g.

Off-street parking.

• (1) Two parking spaces, at least one of which shall be covered, shall be provided on each mobilehome space. Each parking space shall be no less than 10 feet by 20 feet in size. No parking space may be located within the front yard setback area; tandem parking may be permitted.

• (2) One guest parking space shall be provided for each four mobilehomes located within the development. Guest parking may be permitted on interior street rights-of-way if the street has been designed to accommodate on-street parking.

• h. Interior streets.

  • (1) Private streets within a mobilehome park shall be a minimum of 24 feet wide with no on-street parking, a minimum of 32 feet wide if parking is permitted on one side of the street, and a minimum of 40 feet wide if parking is permitted on both sides of the street.

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• (2) A roadway divided into separate one way traffic lanes, by a curbed divider, or similar device, shall be no less than 15 feet in clear width on each side of the divider. Automobile parking shall be prohibited on a divided roadway except where the unobstructed width of the roadway on the side of the divider used for parking is increased by 8 feet for each parking lane.

i. A minimum of ten percent of the net mobilehome park site shall be maintained for permanent open space and recreational facilities. Open space areas shall not include any portion of a mobilehome space or exterior perimeter landscaping. Usable open space may be occupied by recreational facilities such as a recreation centers, swimming pools, golf courses, tennis, basketball, volleyball and badminton courts, children’s play areas, trails, and picnic areas.

• j. All areas within a mobilehome park not used for recreational facilities, streets, driveways, parking structures, building and service areas shall be landscaped, shall be provided with an automated irrigation system, and shall be permanently maintained in a manner approved by the Planning Director.

• k. A common storage area, equivalent in size to 100 square feet for each mobilehome space, shall be provided within the mobilehome park. The purpose of this storage area is to store such items as recreational vehicles, boats, and trailers. The storage area shall be paved and enclosed by a solid wall or durable view-obscuring fence that is at least six feet in height. Recreational vehicles, boats, and trailers shall not be permitted on individual mobilehome spaces, interior streets, or parking spaces designated for automobile parking.

• l. Each mobilehome park shall have a landscaped area, served by an automatic irrigation system, of no less than 15 feet between the property line and the required perimeter wall if adjoining a public or private street. Where a property line is not adjacent to a public or private street, a perimeter wall shall be provided along said property line.

• m. Except where otherwise required, a perimeter wall shall be no less than 6 feet in height. Where there is a difference in elevation on opposite sides of a wall, the height shall be measured from the exterior side of said wall. The following design elements shall be incorporated into all perimeter walls.

  • (1) The wall shall consist of concrete, stone, bricks, tile or a similar type of masonry material and shall be at least four inches thick.

  • (2) Berms, if incorporated into the project, shall be constructed of earthen materials and shall be landscaped and provided with an automatic irrigation system.

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• n. Perimeter yard walls and landscaping shall be limited to a height of 40 inches within 5 feet on either side of street openings for non-vehicular traffic and within 10 feet on either side of street openings for vehicular traffic.

• o. Adjoining streets shall be improved, as required by the City Engineer, to include all or any of the following: curb, gutters, street paving, sidewalks, and street lighting. This requirement shall include preparation of street improvement plans and any other engineering deemed necessary by the City Engineer.

• p. All utility lines, including water, sewer, electric, gas, telephone, and television distribution systems shall be placed underground.

• q. Trash storage areas shall be provided as follows:

  • (1) Every mobilehome space shall have individual curb site pickup, or

  • (2) If common trash facilities are used, they shall be contained within an enclosed masonry structure no less than 6 feet in height.

• r. Adequate lighting shall be provided throughout a mobilehome park to ensure for pedestrian and vehicular safety and to minimize potential security problems.

• s. Each mobilehome space shall be numbered, lettered or identified in such a manner as to be clearly visible from the street. A map and directory of the mobilehome park shall be installed near the primary access drive. Said map and directory shall be equipped with a lighting system adequate for nighttime visibility.

1. Intent

   • a. Noise hazard provisions are intended to protect public health and safety by identifying high noise areas in the City and establishing regulations to mitigate those identified high noise levels.

   • b. The noise hazard provisions shall be applied to those areas where the projected Community Noise Equivalency Level (CNEL) is 65 decibels, 65 dB(A) or greater.

• Development Standards

• a. When a land use application or development permit is proposed within the 65 dB CNEL noise contour and such a proposed use or noise associated with such a use is adjacent to a residential zone district or residential use, the following standards shall apply:

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• (1) Noise levels shall be identified. An acoustical report shall be performed to identify noise impacts and any recommendation for noise attenuation or other mitigation measures to be incorporated into the design standards or conditions of approval as applicable.

• (2) Interior noise levels in residences dwelling units and educational institutions shall not exceed 45 dB(A) CNEL emanating from sources outside of the affected building.

• (3) Exterior noise levels in residential land use areas shall not exceed 65 dB(A) CNEL.

• (4) Ability to mitigate exterior noises to the levels of 65 dB(A) CNEL shall be considered by the reviewing authority when determining the actual CNEL level with which the land uses must comply.

• (5) In areas where noise exceeds the noise standard, steps shall be taken to mitigate noise levels. An acoustical report identifying mitigation measures shall be required and reviewed by Environmental Health Services Department prior to issuance of any required development permits or approval of land use applications.

• b. All other structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the following criteria:

• c. In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24-hour period shall not exceed 65 dB(A) interior.

The City may require, as a condition of approval, the dedication of improvements such as rights-of-way, easements, and the construction of reasonable off-site improvements in conjunction with the parcel(s) being developed or created.

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The City may, as established by the Open Space and Conservation Element of the General Plan and this Title, require, as a condition of approval for development projects, the payment of fees and/or dedication of land for the provision of neighborhood or community parks and/or recreational facilities. The General Plan establishes the ultimate proportion of 2.5 acres of neighborhood park, community park, and recreational facilities per 1,000 persons residing in the City.

1. Definitions

For the purposes of this subsection, the number of actual or potential dwelling units created by a subdivision or development shall be as follows:

• a. One dwelling unit per unit approved.

• b. Where the number of units to be built in a multi-family residential district is unknown, the maximum number of dwelling units allowed under that zone classification shall be used.

• c. For a condominium project, the number of dwelling units created shall be the number of condominium units approved.

2. Exemptions

This Section shall not apply to the following subdivisions:

• a. Commercial or industrial developments.

• b. Condominium projects or stock cooperatives, which consist of the subdivision of air space in an existing apartment building that is more than five years old and in which no new dwelling units have been added by the subdivision.

• c. Subdivisions containing less than five parcels and not used for residential purposes, provided, however, that a condition of approval shall be placed on those maps stating that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four (4) years after recordation of the subdivision map, the fees shall be paid by the owner of each parcel as a condition to the issuance of such permit.

3. Dedication Requirements

   • a. Whenever a tentative tract map or other residential project, which is subject to the provisions of this subsection, is submitted to the Planning Department, the submittal shall be accompanied by a written statement from the applicant stating whether the applicant intends to dedicate land and/or pay fees in lieu thereof for park and recreational purposes. If the applicant intends to dedicate land for this purpose, such area shall be shown on the proposed tentative tract map, or site plan. If fees are to be paid, the conditions of approval shall specify the amount of

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fees to be paid to the City and shall include the schedule for such payment. Dedications of park land shall be reviewed and, if acceptable, approved by the City Council.

b. Land shall be conveyed fee simple to the City by grant deed, free and clear of all encumbrances except for those encumbrances which will not interfere with the use of the property for its intended purposes and which the City agrees to accept. All deeds shall be delivered to the City before the approval of the final map, or as required by the final conditions of approval if no final map is required.

nd shall be conveyed fee simple to the City by grant deed, free and clear of all encumbrances except for those encumbrances which will not interfere with the use of the property for its intended purposes and which the City agrees to accept. All deeds shall be delivered to the City before the approval of the final map, or as required by the final conditions of approval if no final map is required.

• c. Deeds for park land dedications shall be returned to the subdivider, project applicant or developer, as applicable, upon:

  • (1) withdrawal of a final map, if a final is required or

  • (2) withdrawal of the application for the development permit by the applicant.

Deeds shall be returned under the circumstances described above within a reasonable time period, not to exceed ninety days from date of withdrawal or disapproval, or as otherwise established by City Ordinance.

• d. Deeds shall be recorded by the City upon recordation of the final map or at the discretion of the City Clerk if no final map is recorded.

• e. Deeds shall not be accepted for the dedication of park land unless accompanied by a title insurance policy, secured by and at the expense of the grantor, in an amount equal to the land dedicated.

• f. When required, fees shall be paid at such time as established by conditions of approval for a project. Payment may be required prior to approval of a final map if the fees are to reimburse the City for expenditures previously made or for an account which has been established wherein the City has adopted a proposed construction schedule or plan.

• g. Whenever land has been conveyed or fees paid to the City, as a condition of approval of a subdivision, and a final map for the subject subdivision is not recorded, or, if recorded, the land is thereafter reverted to acreage, the City may, at its option, either reconvey all land dedicated to it, repay all fees paid without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other mutually agreeable arrangements with the subdivider.

4. Determination of Land Dedication and Payment of Fees

When conditions of approval for a subdivision or other residential development, subject to the provisions of this Section, require dedication of land and/or payment of fees, the conditions shall be based on the following:

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• a. The natural features of the area, available access, location, size and shape of the land available for dedication, feasibility of dedication, location of existing and proposed park sites and trailways, and the compatibility of the dedication with the General Plan.

• b. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider or developer shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

• c. The amount and location of the land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or other residential development.

d. The amount of land to be dedicated or fees paid shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of dwelling units of the subdivision by the number of persons per unit by the ratio which the number of acres of park land is required for each 1,000 persons (i.e., .0025). The average number of persons per unit shall be the most recent such average established by the Department of Finance of the State of California or by Kern Council of Governments.

• e. Whenever land is dedicated pursuant to this subsection, the subdivider or developer may be required to provide the following for the benefit of the land dedicated:

  • (1) Full street improvements and utility connections including, but not limited to: curbs, gutters, sidewalks, relocation or undergrounding of existing public utility facilities, street paving, traffic control devices, and street trees.

  • (2) Block wall fencing, masonry wall, or some other material approved by the Planning Director.

  • (3)

  • Improve drainage through the park site.

• (4) Minimal physical improvements, not including recreational facilities, building or equipment, which the City Engineer determines are necessary for acceptance of the land for park and recreational purposes.

• (5) Access to the park and recreational facilities from an existing or proposed public street, unless the City Engineer determines that such access is unnecessary for maintenance of the park areas or use of the park by the residents of the area.

• (6) Grading and drainage improvements, irrigation, and planting improvements as required by this Title. All land to be dedicated and improvements to be made shall be approved by the City

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Engineer prior to final approval or disapproval of a subdivision or development plan by the City.

• (7) No grading, drainage, irrigation, planting, street or utility improvements required under this subsection shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this Ordinance.

• (8) Whenever a fee is to be paid, in lieu of the dedication of land, the following provisions shall apply:

  • (a) The fee shall be established by resolution of the City Council. Said fee shall bear a reasonable relationship to the value of land which would otherwise be required if land dedication were being made.

• (b) Whenever fees are paid pursuant to this Section, the City shall deposit them into a separate park fund. All fees paid may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes. Fees shall be expended for use only within the boundaries of the City.

  • (c) The subdivider or developer may receive a credit against fees as follows:

    • 1. A credit may be given against the requirements for the payment of fees or the dedication of land required by this subsection for the reasonable value of park and recreation improvements provided by the subdivider or developer, if approved and accepted by the City. The amount of the credit shall be determined prior to the approval or conditional approval of a tentative map or equivalent for other residential projects not involving a subdivision.
    • 2. A credit may be given where private areas for park and recreational purposes are provided in a subdivision or other residential development, when such areas are for active recreational uses, are to be privately owned, and are to be maintained in common by the future owners(s) of the development. Upon approval by the City, such areas may be credited against a maximum 50 percent of the requirement of land

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dedication or fees. Approval of such credits shall be based on a determination by the City that it is in the public interest to allow such credits, and that all of the following standards have been met or will be met prior to approval of the final map or development permit:

• a) That yards, court areas, setbacks, and other open space areas, which are required to be established and maintained by other provisions of this Title, are satisfactorily incorporated into the project design; and

• b) That evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and

• c) That the use of the private area is restricted to park and recreational purposes by an open space easement or other instrument in favor of, or enforceable by the City; and

• d) That the proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and

• e) That the private recreational areas can be utilized by project residents in a manner which would reduce the need for public recreational facilities in proportion to the requested park land credit.

• (9) Land which has been dedicated and accepted by the City may be sold by the City if a subdivider or developer has not begun substantial construction within two years following recordation of a final map or final approval of a project other than a subdivision, provided the City determines that another site would be more suitable for park or recreational facilities. In that situation, the proceeds from the sale of the dedicated land must be used for the purchase or improvement of the more suitable site.

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• (10) All fees collected pursuant to this subsection shall be committed by the City to develop park or recreation facilities to serve residents of the subdivision or other residential development if a subdivision is not involved.

• (11) The commitment required by Section 66477(f) of the Government Code for using fees collected by the City pursuant to this subsection shall be the applicable annual budget of the City unless the City adopts a separate schedule.

Off-street parking facilities shall be provided in accordance with the provisions of Chapter 13 of this Title.

10.220

PERMITTED OUTDOOR USES

1. When identified as a use that is permitted or a use that is permitted subject to approval of a conditional use permit in the zone district in which those uses are to be established, the following uses of property may be established outside of an enclosed building, provided those uses are located entirely on private property. No other outdoor uses shall be allowed unless permitted under the express provisions of Chapter 5 (Commercial Districts), Chapter 6 (Employment Districts), Chapter 10 (General Development Standards), and Chapter 11 (Specific Use Development Standards) of this Title.

   • a. Commercial Districts

     • (1) Patio tables, chairs, umbrellas, and similar outdoor accessories used in connection with a restaurant business which does not impede pedestrian or vehicular circulation.

     • (2) Outdoor vending machines or displays, including weighing scales, when accessory to a business conducted within a building.

     • (3) Lumber/material yards in conjunction with a principal retail store and contractor supply yards.

     • (4) Products generally described as being outdoor materials used for lawn, garden and patio purposes such as border materials, patio furniture, pottery, barbecues, trellises, and lawn mowers; and for agricultural purposes such as motorized farm equipment and the like, provided such material is accessory to an established retail business and is displayed in an orderly manner where said material is accessible to the general public and is displayed for the purposes of sale. Not more than fifty (50) percent of all private property used for such display shall be utilized.

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• (5) Automobile dealership sales, leasing, and rental display and automobile storage lots.

• (6) Dealership sales, leasing, and rental display of mobilehomes, farm equipment and recreational vehicles including, but not limited to travel trailers, motorcycles, and boats.

• (7) Outdoor storage of materials and products associated with an established business if said storage of materials and products is completely screened from view from the public right-of-way and from adjacent properties. Said screening shall be subject to approval by the Planning Director and shall conform to the provisions of Section 2.80 (Design Review) of this Title.

• (8) Nurseries, garden supply stores, floral stores and sale of timely holiday products such as Christmas trees, pumpkins, and the like.

• (9) Recycling facilities (subject to Section 11.190 of this Title)

• (10) Automotive Washing (self and full service)

• (11) Items listed in an approved conditional use permit that are associated with an existing or proposed building materials store or hardware store.

• (12) Commercial recreation facilities including, but not limited to, miniature golf, water slides, and similar uses.

• (13) Other uses determined by the Planning Commission to be similar to and no more objectionable than those uses listed in this subsection 10.220.1.a above in accordance with the provision of Section 1.80 of this Title.

• b. Employment Districts

  • (1) All uses listed under Section 10.220.1.a above

  • (2) Contracting Storage Yards

  • (3) Recreation Vehicle Storage

  • (4) Vehicle Storage

  • (5) Vehicle Wrecking and Storage

  • (6) Other uses determined by the Planning Commission to be similar to and no more objectionable than those uses listed in subsection 10.220.1.a. above in accordance with the provision of Section 1.80 of this Title.

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2. Interior spaces, such as an interior courtyard, shall not be considered as outdoor storage provided such space is completely surrounded by a building or structure that screens all materials being placed in such an interior space from adjoining property or from a public or private street.

3. An outdoor use, which is not specifically listed as a permitted outdoor use in subsection 10.220.1.a or subsection 10.220.1.b of this Chapter and which became a nonconforming use after the effective date of Ordinance No. 532 (Zoning Ordinance), shall be removed or made to conform to the provisions of this Section.

   • a. Within thirty (30) days after the effective date of Section 10.220.1 and 10.220.2 of this Chapter, the Planning Director shall commence giving written notice to the owners of nonconforming outdoor uses informing them of the nature of the nonconformity, their responsibilities, and the City’s intent to enforce this subsection. Following such notice, nonconforming outdoor uses shall be removed or made to conform to the provisions of this subsection within one-hundred eighty (180) days.

   • b. Enforcement of this subsection shall be in accordance with the provisions of Section 1.40 of this Title and the General Penalty imposed in enforcement of this subsection shall be in accordance with the provision of Section 1.50 of this Title.

In any subdivision, or other development application, wherein any parcel of land borders a public open space or recreational area, pedestrian access to such areas shall be dedicated or permanently preserved.

1. The City may require that areas of real property within a subdivision or other residential, commercial, or industrial development be reserved for parks and recreational facilities, fire stations, libraries, or other public uses such as, but not limited to, domestic water and sewage facilities subject to the following conditions.

   • a. The proposed use of the land reserved is in accordance with General Plan policies and standards, any adopted specific plans, and all provisions of this Title.

   • b. The reserved area is of such size and shape as to permit the balance of the property, within which the reservation is located, to be developed in an orderly and efficient manner.

   • c. The amount of land reserved will not make development of the remaining land held by the subdivider or developer economically unfeasible.

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2. The City shall, at the time of approval of a final map, parcel map, or approval of other residential, commercial, or industrial development, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of filing the tentative map, or other development request, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider or developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the City fails to enter into such a binding agreement, the requirement of reservation shall automatically terminate.

10.250

REFLECTIVE MATERIAL

Roofing materials which will be visible to the public from adjacent streets or property shall be of a non-reflective composition.

1. Structures may be relocated from one parcel to another subject to the following requirements:

   • a. Upon relocation of a structure to a new parcel, the parcel, including the relocated structure, shall comply with all regulations of this Title including all development standards, regulations, and restrictions for the use and the district in which the structure is to be relocated, including but not limited by this reference to building height, setback, parcel coverage, and unit density requirements.

   • b. The structure proposed to be moved or relocated shall be placed and/or reconstructed in the district within which it is to be located under all existing standards, regulations and restrictions.

   • c. Construction of residential structures proposed to be moved or replaced shall commence within 30 days, and shall be completed within 365 days, of the date the structure is relocated onto the property.

   • d. Prior to issuance of a building permit, a “Notice of Intent to Relocate” form, approved by the Building Official, shall be posted on the property proposed to contain the relocated structure for a minimum period of one week.

1. Intent

It is the intent of this section to conserve, protect, and encourage the development, improvement, and continued viability of agricultural land and industries for the long-term production of food and other agricultural products; support the economic well-being of the City’s residents; balance the rights of farmers to produce food and other agricultural products with the rights of non-

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farmers who own, occupy, or use land within or adjacent to agricultural areas; and reduce the loss to the City of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance.

Applicability

All agricultural activities, operations, facilities, or appurtenances thereof shall comply with the provisions of this Chapter and to the applicable provisions of the zone district in which the land use is located.

3. Protection from Nuisance

   • a. No agricultural activity, operation, facility, or appurtenances thereof shall be, or become a nuisance if the following standards are met:

     • (1) The agricultural use is conducted or maintained for commercial purposes; and

     • (2) The agricultural use is conducted in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality; and

     • (3) The agricultural use has been in operation for more than three (3) years and was not a nuisance at the time it began.

   • b. This section shall not invalidate any provision contained in the Government Code of the State of California associated with agricultural activities, if such activities, operation, facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.

   • c. This Section is not to be construed to modify or abridge State law, as set out in the California Civil Code relative to nuisances, but rather to be utilized in the interpretation and enforcement of the provisions of City ordinances and regulations.

4. Notice to Buyers of Land

The Planning Director shall cause the following notice to be included on any proposed land division that lies partly or wholly within or within 300 feet of any land zoned for primarily agricultural purposes:

• a. Lot(s) No. _____, as shown on this map, is (are) located partly or wholly within, or within 300 feet of land zoned for primarily agricultural purposes by the City of Shafter. It is the declared policy of the City of Shafter that no agricultural activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes within the City of Shafter and conducted in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same

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locality shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years, if it was not a nuisance at the time it began. The term “agricultural activity, operation, facility, or appurtenances thereof” includes, but is not limited to: the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including agriculture, horticulture, the raising of livestock, fur bearing animals, fish or poultry; and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

• b. The City Engineer shall cause the notice described in subsection (a) to be included on any final land division proposed for recordation that lies partly or wholly within, or within 300 feet of any land zoned for agricultural purposes.

1. Intent

The scenic resources regulations are intended to establish development standards which protect, preserve and enhance the aesthetic resources of the City by incorporating design considerations which minimize interference with the preservation of unique natural resources, roadside views and scenic corridors. It is also the intent of the Scenic Resources regulations to implement state and federal programs and regulations regarding scenic highway routes.

2. Locational Requirements

The Scenic Resources regulations may be applied to the following areas:

• a. Areas with unique views of mountain and valley areas or any other aesthetic natural land formations.

3. Development Standards

   • a. When a land use is proposed within a scenic area, the following criteria shall be used to evaluate the project compliance with the intent of the district:

     • (1) Building and Structure Placement

The building and structure placement shall be compatible with and shall not detract from the visual setting or obstruct significant views.

• (2) Setbacks

Intensive land development proposals, including, but not limited to, residential facilities, commercial, and industrial

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activities shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of such development proposals shall also provide for maintenance of a natural open space parallel to the right of-way. This represents the visible land area outside the highway right-of-way which may be described as the “view from the road.”

(3) Access Drives

Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-of-way access drives when feasible.

(4) Roads, Pedestrian Walkways, Parking and Storage Areas

Large scale development shall restrict the number of access points by providing common access roads. Parking and outside storage areas shall be screened from view, to the maximum extent feasible from adjacent scenic or recreational resources by placement of buildings and structures, or by landscaping and plantings.

(5) Above Ground Utilities

Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground routing or where safety considerations necessitate above ground construction and routing. Above ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where practical, above ground utilities shall be screened from view from adjacent scenic or recreational resources by placement of buildings and structures.

(6)

Grading

The alteration of the natural topography of the site shall be minimized and shall, to the extent feasible and practical, avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system.

(7) Storage Areas

Outside storage areas associated with commercial or industrial activities shall be completely screened from view from the right-of-way with landscaping and plantings.

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1. Screening of Commercial and Industrial Uses

   • a. Wherever any building or structure is erected or enlarged on any property which is zoned for commercial, business park, or industrial purposes and abuts a residentially zoned parcel, screening shall be erected and maintained along the property line(s) abutting the residential zone(s).

   • b. The screening between commercial or employment districts and adjacent existing or planned residential uses shall consist of a decorative masonry wall sufficient for sound attenuation, and shall have a minimum height of six feet on the commercial side of the wall, except for front yard or street side yard setback area, where it will be reduced to forty (40) inches in height.

2. Screening of Storage Areas

Where permitted, all outdoor storage of materials, wares, crates, bottles, or similar items necessary to, or part of a permitted land use within an industrial, commercial, or special district shall be screened from view on at least three sides by a solid opaque impact-resistant wall not less than five (5) feet in height, and on the fourth side by a solid opaque impact-resistant gate not less than five (5) feet in height or, alternatively, such other material or design approved by the Planning Director.

3. Screening of Refuse Storage Areas

Outdoor trash receptacles for multiple family and nonresidential uses shall be of sufficient size to accommodate the trash generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid decorative wall not less than five (5) feet in height or, alternatively, such other material or design approved by the Planning Director. The fourth side shall contain an opaque gate maintained in working order and shall remain closed except when in use.

Unless otherwise specified in this Chapter, Chapter 10 (Development Standards), Chapter 11 (Specific Use Development Standards), or Chapter 12 (Performance Standards), front, side, and rear setbacks for structures shall be maintained in accordance with the regulations of the district within which the structure is located.

Unless otherwise specified within Chapter 12 (Performance Standards), signs shall comply with the provisions of Chapter 14 (Sign Requirements).

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1. A preliminary soils report, prepared by a civil engineer registered in the State of California, based upon adequate test borings, shall be required for every subdivision for which a final tract map is required, and may be required by the City Engineer for other development applications. The preliminary soils report requirement may be waived if the City Engineer finds that sufficient knowledge exists as to the quality of the soils located on the development site.

2. In the event the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, a soils investigation of each lot, parcel, or building site in the subdivision or development may be required. Such soils reports must be performed by a civil engineer, registered in the State of California, who shall recommend a corrective action likely to prevent structural damage to each structure proposed to be constructed in the area where such an identified soils problem exists.

3. The subdivision, or other type of development, or any portion thereof where soil problems exist, may be approved by the City Engineer if it is determined that a recommended action would prevent an occurrence of damage to any structure to be constructed and that the issuance of a building permit be subject to the inclusion of such recommended action(s) for the construction of each structure involved.

4. All soils reports prepared specifically for subdivisions shall be kept on file for public inspection by the City, pursuant to the provisions of Section 66434.5 of the Subdivision Map Act.

5. Final soils reports shall certify that all soils meet engineering requirements prior to issuance of any building permit.

1. Purpose and Intent

These provisions are intended to incorporate, to the extent feasible, passive heating and cooling opportunities into the design or modifications of residential, commercial, and industrial developments. They are further intended to ensure that solar energy systems in residential, commercial, and industrial areas do not detract from the appearance of the surrounding neighborhood.

2. Design Requirements

   • a. Active Solar Design

Notwithstanding any provisions included in this Title related to screening roof-mounted equipment, the following standards shall apply to the design of all solar energy systems:

• (1) To the extent practical roof-mounted solar collectors shall be placed in the location least visible from a public right-of-way

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without significantly reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted solar collectors shall be screened from public view at street level.

  - (2) When feasible, collectors shall be integrated into the design of a building. Structural support for the collectors shall be screened in a manner that is compatible with the design of the building. 

  - (3) Appurtenant equipment, including plumbing and related fixtures, shall be installed in an attic or basement, where feasible. 

  - (4) Large accessory fixtures which must be exposed (e.g., storage tanks) shall be screened, where possible, through architectural features that harmonize with other design elements of the structure. 

  - (5) Storage tanks shall not be located in any required front or side yards except as permitted by Section 10.30,.1 c, and they shall be screened from view from any public right-of-way. 

  - (6) Exterior collector surfaces shall have a matte finish, and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure. 

  - (7) Any pool or spa facilities, other than those intended for a single family detached residence, shall be provided with a solar cover or solar water heating system. 

3. Passive Solar Design in accordance with Section 66473.1 of the Subdivision Map Act

   • a. The design of a subdivision for which a tentative map is required pursuant to Section 66426 of the Subdivision Map Act, or other development, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the development. Examples of passive or natural heating opportunities in subdivision design, or within other development include, but are not limited to:

     • (1) Design of lot size and configuration to permit orientation of structures in an east-west alignment for southern exposure.

     • (2) Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

• b. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision or within other residential, commercial, or industrial development for which a subdivision is not involved, consideration shall be given to local climate, contour, configuration of the parcel to be developed, and to other design and improvement requirements. However, such provisions shall not result

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in reducing allowable densities or the applicable planning and zoning regulations in force at the time the tentative map or other development is filed.

c. The requirements of this Section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

1. Purpose and Intent

The City must divert 50 percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities, pursuant to Chapter 18, Part 3 of Division 30 of the Public Resources Code (California Solid Waste Reuse and Recycling Access Act of 1991). Diverting 50 percent of all solid waste requires participation by residential, commercial, industrial, and public sectors.

The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This Section has been developed to meet that need.

2. General Requirements

   • a. Any new development project for which an application for a building permit is submitted shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

   • b. Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

   • c. Any existing development project for which an application for a building permit is submitted for a single alteration which is subsequently performed that adds 30 percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

   • d. Any existing development project for which an application for a building permit is submitted for multiple alterations which are conducted within a twelve month period which collectively add 30 percent or more to the existing floor areas of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

   • e. Any existing development project for which multiple applications for building permits are submitted for multiple alterations which are subsequently performed that collectively add 30 percent or more to the existing floor area of the development project shall provide adequate,

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accessible, and convenient areas for collecting and loading recyclable materials.

• f. Any existing development project occupied by multiple tenants, one of which submits an application for a building permit for a single alteration which is subsequently performed that adds 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

d that adds 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

• g. Any existing development project occupied by multiple tenants, one of which submits an application for a building permit for multiple alterations which are conducted within a twelve month period which collectively add 30 percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

• h. Any existing development project occupied by multiple tenants, one of which submits multiple applications for building permits for multiple alterations which are subsequently performed that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

• i. Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

3. Guidelines for All Development Projects

   • a. Recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards.

   • b. The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

   • c. The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety.

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• d. Recycling areas, or bins and/or containers placed therein, must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

• e. Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.

• f. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

• g. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.

4. Additional Guidelines for Single Tenant Development Projects

   • a. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project.

   • b. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project.

   • c. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area.

5. Additional Guidelines for Multiple Tenant Development Projects

   • a. Recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s).

   • b. Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project by the tenant who submitted an application or applications resulting in the need to provide recycling area(s).

   • c. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area should be located within the recycling area.

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6. Location

   • a. Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety.

   • b. Any and all recycling areas shall be located so they are at least as convenient to those persons who deposit, collect, and load the recyclable materials placed therein as the location(s) where the solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

10.350

STORAGE

The following outdoor storage regulations shall apply in addition to any other standards and requirements of the various districts established by this Title:

1. No sales, rentals, long-term storage, repair work, dismantling, or servicing of any motor vehicle, trailer, airplane, boat, loose rubbish, garbage, junk, or building materials shall be permitted in any front or street side yard of any property, except where such property is an automobile dealership or an automobile rental lot; in which case long term storage for purpose of sale or rental shall be permitted. Repair or servicing of any motor vehicle may occur provided that the work continues for a period not to exceed 72 hours. Longterm storage shall mean storage for a period of 72 or more consecutive hours.

2. In any residential district, no portion of any vacant or undeveloped parcel, or a parcel where no main building exists, shall be used for storage of the items listed above.

3. Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises.

1. Street Lighting

   • a. The provision of street lights shall be required for all tentative tract maps and other residential, commercial, or industrial developments. Street lights shall be placed in accordance with improvement standards approved by City Council.

   • b. At a minimum, a subdivider or developer of a residential, commercial, or industrial development shall construct or enter into an agreement to construct, prior to acceptance and approval of a final map or equivalent approval if a subdivision is not involved, a street lighting system of a utility-owned ornamental system consisting of standard ornamental

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electroliers customarily furnished by the utility or other design approved by the utility and the City Engineer; or

• c. The subdivider or developer of a residential, commercial, or industrial development shall be liable for and shall pay charges of such utility attributable to such installation.

• d. Installation of street lighting shall be underground and shall be in accordance with plans and specifications of or as approved by the serving utility and the City Engineer.

• Front Yard Tree Planting

• a. All land divisions governed by this Section, or by Title 16 of the Municipal Code, shall be required to plant a minimum of one tree per parcel frontage prior to final building inspection based on the following standards:

  • (1) Trees shall be chosen from the approved City of Shafter Street Tree List for trees, shrubs, and ground covers. Each choice should reflect consideration of the geographic zone involved.

  • (2) Trees shall be located a minimum of ten feet from driveways and from any public sidewalk.

  • (3) For corner lots, street trees shall be required on both street frontages, provided such planting does not interfere with sight distances and setbacks.

  • (4) Exceptions to street tree planting may be permitted by the Planning Director in cul-de-sacs and on those lots where proper spacing is not possible. Requests for exception shall be made, in writing, to the Planning Director.

• b. The proposed location of all street trees shall be indicated on the site plans submitted to the Planning Director for comment and final approval.

1. Intent

It is the intent of this Section, along with other provisions of this Title, to implement the transportation control measures called for in both the latest adopted San Joaquin Air Quality Management Plan and the latest adopted Federal Attainment Plan for Carbon Monoxide.

2. On-Site Pedestrian Walkways and Bicycle Pathways

All new non-residential and multi-family developments of 10 or more units shall provide on-site walkways and bicycle pathways connecting each building to adjacent public streets.

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3. Passenger Loading Facilities

All new non-residential and multiple-family developments of 10 or more units with at least 100 parking spaces shall provide a minimum of one (1) passenger loading area equivalent to five (5) parking spaces in close proximity to the building entrances and located to avoid interference with on-site vehicle circulation.

4. Vanpool Parking Facilities

All new non-residential developments with a minimum of one-hundred (100) spaces shall provide preferential vanpool parking facilities for a minimum of one (1) space which has a minimum vertical clearance of nine (9) feet for each one-hundred (100) parking spaces.

5. Transit Improvements

All new non-residential and multiple-family developments, along existing or planned transit routes, shall provide transit improvements such as bus pullouts, bus pads, and bus shelters if determined necessary in consultation with DialA-Ride, or other locally operated transit systems.

6. Reduced Parking Requirements

Provisions shall be made by the Planning Commission for reduction of on-site parking space requirements for all new non-residential developments on a case by case basis when such developments are linked to other actions which reduce vehicle trips.

7. Country Wide Bicycle Plan

The City shall consider participation in implementation of the Country Wide Bicycle Plan upon its adoption.

1. Requirement for Underground Installation of Utility Lines

All permits dealing with utility lines shall be consistent with all applicable State laws and regulations.

Except as provided in this Title, the following utility lines, existing and proposed shall be installed underground in conjunction with new development projects. Said undergrounding of utility lines shall include, but not be limited to, all new electrical distribution lines, existing electrical distribution lines of 34,500 Volts (V) or less, telephone, street light service lines, cable television and similar service wires or cable which:

• a. provide new service to the property being developed;

• b. are existing and located within the boundaries of the property being developed;

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• c. are existing between the property line and the centerline of the peripheral streets of the property being developed; or

• d. are along the project perimeter boundary.

2. Responsibility for Compliance

Arrangements, including payment of all costs, for undergrounding utility lines shall be made by the developer or owner of the property to be developed with the serving utility company(s). Undergrounding of utility lines and structures may be done by the developer, or owner, with permission from the serving utility.

3. Timing of Compliance

Undergrounding shall be completed:

• a. prior to the inspection approval of related street improvements; or

• b. prior to building occupancy if no related street improvements are required.

• General Exceptions

The following exceptions shall apply:

• a. Temporary overhead utility lines including necessary service poles, wires, and cables may be permitted and installed to the satisfaction of the Building Official for the period during which authorized construction is continuing for which valid building permits have been issued. All temporary overhead utility lines shall be removed prior to the issuance of the Certificate of Occupancy.

• b. Appurtenances and associated equipment including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in a underground system, may be placed above ground and installed to the satisfaction of the City Engineer.

• c. In established residential areas where overhead utility lines presently exist along or near lot lines and where an in-fill single family dwelling unit is being developed on a single lot, or where an in-fill two family or duplex dwelling unit is being developed on a single lot overhead utility lines may be permitted and installed to the satisfaction of the City Engineer.

5. Exceptions Approved by the City Engineer

The following further exceptions may apply, subject in each case to the specific written approval of the City Engineer, and then only on the basis of a formal request detailing the reasons therefor:

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• a. On developments consisting of three lots or less that do not in total exceed one hundred and fifty feet (150') of frontage for residential, commercial, office professional, business park, public/institutional, or industrial development, the City Engineer may waive construction of underground utility lines along the peripheral streets or property lines, however, all on site utility service lines shall be installed underground. In such a situation, the developer or property owner shall deposit the cost, as determined by the City Engineer, for undergrounding utility lines along the peripheral streets or property lines with the City for future undergrounding work to be done by the City.

  • b. A new single family residence constructed in rural undeveloped areas where there are no existing utility lines within a quarter (¼) mile radius. However, in such a situation, the developer or property owner shall deposit the cost as determined by the City Engineer for undergrounding utility lines along the peripheral streets or property lines with the City for future undergrounding work to be done by the City.

6. Nonconforming Structures

Buildings and structures which, on the effective date of this Title or any subsequent amendments thereto, are nonconforming in regard to above ground on-site utility lines and structures, may continue to be used, altered or enlarged in the same manner, as if such nonconforming utility lines did not exist.

7. Appeals

An appeal, along with the appropriate fee, may be submitted to the City Council for the consideration of waiving all or portions of the requirements of this Section due to topographic conditions, soil or other factors that render undergrounding unreasonable or impractical. All appeals shall be in writing, and shall state the reason why undergrounding is unreasonable or impractical. Appeals shall include a preliminary estimate of cost, in writing, from the serving utility company(s).

1. Purpose and Intent

Water is an increasingly limited and costly resource. It is the intent of this Section to establish a water conservation plan to reduce water consumption in the landscape environment. Pursuant to AB 325, the City has set the goal of implementing measures resulting in the more efficient use of water through landscaping and irrigation design. This may be achieved through the use of drought tolerant material, reduced turf areas and various irrigation technologies. Public and private landscaping projects shall adhere to the goal of water efficiency with limited exception.

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2. Applicability

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

3. Model Home Requirement

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

4. Exceptions

The following shall be exempt from the provisions of this Section:

• a. Development projects with new landscaping area less than 2,500 square feet installed within any 12 month period.

• b. Residential landscaping and irrigation installed by individual property owners or their agents.

• c. Landscaping renovations and irrigation retrofits.

• d. Minor additions to and replacement or repair of existing irrigation system.

• e. Cemetery landscaping.

• f. Sites listed on the National Register of Historic Places.

• g. Tenant improvements.

5. Procedure

   • a. Per Assembly Bill 1164, The City shall not prohibit the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, but may impose reasonable restrictions on the type of drought tolerant landscaping provided the restrictions do not (1) substantially increase the cost of installing, (2) effectively prohibit the installation, or (3) significantly impede the installation;

   • b. Landscaping projects subject to the provisions of this Section shall be submitted to the Planning Department for review and approval. Landscape projects submittals shall include a water conservation concept statement summarizing the water efficiency measures and shall be signed by a California registered landscape architect or

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contractor, a certified irrigation designer, or other licensed or certified professional in a related field.

• c. All landscape and irrigation plans must fully address water conservation according to the City of Shafter Landscaping Guidelines.

  • d. Where feasible, the use of reclaimed water, including, but not limited to, dual distribution systems, is encouraged subject to all health standards and regulations.

  • e. All landscape projects shall be evaluated according to an objective point system. Points shall be awarded for each water saving component of the plan as provided in this Section. A minimum of 80 points must be attained in the landscape planting category and 120 points in the irrigation category, for a total of 200 points for landscape project approval and permit issuance.

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

• Points allocated on a percentage basis

• ** Points allocated on a reverse percentage basis

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