TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, MARCH 15, 2022
CITY HALL COUNCIL CHAMBER
209 E. KERN ST., TAFT, CA 93268
________________________________________________________________________________________________________________________________ City of Taft Council Meetings are being held in-person with full capacity seating and are livestreamed at https://www.youtube.com/user/CityofTaft. Public comment can be made in person and also can be received per the following:
• Written comments may be dropped off in the drop box in front of City Hall. • Comments may be emailed to the City Clerk at [email protected]. • Made by phone to the City Clerk’s office at (661) 763-1222. • Public comments will be accepted up until 5:00 PM the day of the meeting. • Any comments received will be read in to the record.
________________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Eveland
Councilmember Whiting
1. CITIZEN REQUESTS/PUBLIC COMMENTS
COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY
THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.
2. COUNCIL STATEMENTS (NON ACTION)
3. PLANNING COMMISSION REPORT
4. DEPARTMENT REPORTS
5. CITY MANAGER STATEMENTS
6. CITY ATTORNEY STATEMENTS
7. FUTURE AGENDA REQUESTS
****************************************************************************************************** CONSENT CALENDAR ITEMS 8-11
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?
8. MINUTES
March 1, 2022 regular
Recommendation – Approve as submitted.
City of Taft Council/Successor Agency Meeting
Agenda
March 15, 2022
9. PAYMENT OF BILLS
Warrant# 3/04/22 Check No. 95986-96043 $ 199,920.44
Recommendation – Approve payment of the bills.
10. 2ND READING - ZONING ORDINANCE AMENDMENT NO. 2021-13, REGARDING RESIDENTIAL
ZONE DISTRICT LAND USE STANDARDS & ACCESSORY DWELLING UNITS Recommendation – Motion to adopt Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-13, AN AMENDMENT OF CHAPTERS 4 AND SECTION 6-12-23 OF TITLE 6 OF THE TAFT MUNICIPAL
CODE REGARDING RESIDENTIAL ZONE DISTRICT LAND USE STANDARDS AND ACCESSORY DWELLING UNITS.
11. DISPOSAL OF CITY OBSOLETE, UNSAFE AND UNECONOMICAL TO REPAIR EQUIPMENT Recommendation – Motion to approve disposing of listed equipment through online auction *********************************************************************************************************
12. AUTHORIZATION OF SALE OF PROPERTY LOCATED AT 233 CALVIN STREET TO HABITAT
FOR HUMANITY GOLDEN EMPIRE FOR THE PURPOSE OF AFFORDABLE HOUSING Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE AND TRANSFER OF REAL PROPERTY LOCATED AT 233
CALVIN STREET TAFT, CALIFORNIA, TO HABITAT FOR HUMANITY GOLDEN EMPIRE FOR THE
PURPOSE OF DEVELOPMENT OF AFFORDABLE HOUSING, AND FURTHERMORE AUTHORIZING THE
MAYOR AND/OR CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE OF SAID PROPERTY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – one (1) potential case
ADJOURNMENT
AMERICANS WITH DISABILITIES ACT
(Government Code Section 54943.2)
The City of Taft City Council Chamber is accessible to persons with disabilities. Disabled individuals who need special assistance (including transportation) to attend or participate in a meeting of the Taft City Council may request assistance at the Office of the City Clerk, City of Taft, 209 E. Kern Street, Taft, California or by calling (661) 763-1222. Every effort will be made to reasonably accommodate individuals with disabilities by making meeting material available in alternative formats. Requests for assistance should be made five (5) working days in advance of a meeting whenever possible.
AFFIDAVIT OF POSTING
I, Darnell Porter, declare as follows:
That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on March 10, 2022 at ________ a.m. /p.m., pursuant to 1987 Brown Act Requirements.
I declare under penalty of perjury that the foregoing is true and correct.
Executed March 10, 2022, at Taft, California.
Signature _________
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
MARCH 1, 2022
__________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
The March 1, 2022, regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Council Member Josh Bryant, followed by an invocation given by Pastor Steven McDaniel.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, Jeff Eveland and Ed Whiting City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
1. PUBLIC HEARING – CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) ANNUAL PROGRESS REPORTING (APR) FOR 2021 The Public Hearing was opened at 6:04 pm. to receive input from the public, receiving none, the Public Hearing was closed.
Motion: Moved by Krier, seconded by Bryant to receive and file the Annual Housing Element Progress Report for calendar year 2021 and direct the Planning Director to submit the report to HCD and OPR.
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
2. PUBLIC HEARING – ZONING ORDINANCE AMENDMENT NO. 2021-13,
REGARDING RESIDENTIAL ZONE DISTRICT LAND USE STANDARDS &
ACCESSORY DWELLING UNITS
The Public Hearing was opened at 6:07 pm. to receive input from the public, receiving none, the Public Hearing was closed.
Motion: Moved by Bryant, seconded by Eveland to approve and amend the City of Taft Municipal Code and adopt Ordinance entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE
AMENDMENT NO. 2021-13, AN AMENDMENT OF CHAPTERS 4 AND
SECTION 6-12-23 OF TITLE 6 OF THE TAFT MUNICIPAL CODE
REGARDING RESIDENTIAL ZONE DISTRICT LAND USE STANDARDS AND ACCESSORY DWELLING UNITS for first reading by title only and reading of such be waived.
Krier questioned if this Ordinance was not adopted would the ADU requirement of the bill requiring ADU’s still have to be implemented. Director Staples stated that it would.
AYES: Bryant, Eveland, Whiting, Noerr
NOES: Krier
PASSED: 4-1
3. CITIZEN REQUESTS/PUBLIC COMMENTS
Kern County Fire Division Chief, Cary Wright, introduced himself to the Council sharing that he is currently working as liaison from the Fire Department to the City.
City of Taft Council/Successor Agency Meeting
Minutes
March 1, 2022
4. COUNCIL STATEMENTS (NON ACTION)
Mayor Pro Tem Krier spoke about the current issues in Ukraine and his personal connection.
5. PLANNING COMMISSION REPORT
Commissioner Jerry Livingston reported that the Commission took action on the items that appear as items 1 and 2 on this agenda at their last meeting.
6. DEPARTMENT REPORTS
There was none.
7. CITY MANAGER STATEMENTS
There was none.
8. CITY ATTORNEY STATEMENTS
There was none.
9. FUTURE AGENDA REQUESTS
There was none.
******************************************************************************************* CONSENT CALENDAR ITEMS 10-14
Mayor Noerr abstained from Item 10
Motion: Moved by Krier, seconded by Bryant to approve consent calendar items 10-
14. AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
10. MINUTES
February 1, 2022 regular
Recommendation – Approve as submitted.
11. PAYMENT OF BILLS
Warrant# 2/04/22 Check No. 95865-95918 $ 408,214.88
Warrant# 2/04/22 Check No. 95919-95922 $ 13,348.00
Warrant# 2/04/22 Check No. 95923 $ 57.83
Warrant# 2/18/22 Check No. 95924-95985 $ 144,022.82
Recommendation – Approve payment of the bills.
12. TREASURER’S REPORT
Recommendation – Motion to receive and file Treasurer’s Report for the Month of December 2021.
City of Taft Council/Successor Agency Meeting
Minutes
March 1, 2022
13. UNMET TRANSIT NEEDS IN THE CITY OF TAFT
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TAFT MAKING FINDINGS REGARDING UNMET TRANSIT NEEDS IN THE CITY OF TAFT. (Resolution No. 4136-22)
14. THE PURCHASE OF RIMS MAPPING SOFTWARE
Recommendation – Motion to accept the quote provided by Sun Ridge Systems, Inc. For the amount of $6,650.00, and authorize the Mayor to sign and accept the quote. *********************************************************************************************
15. APPROVE PURCHASE OF APN’s 031-070-05, 06, 07 AND 08, 031-080-09, 12, 13 AND 16 AND 031-080-07 and 08, PROPERTY LOCATED IN THE DOWNTOWN
REVITALIZATION AREA
Motion: Moved by Bryant, seconded by Whiting to adopt a resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE ACQUISITION OF REAL PROPERTY AND ALSO
AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY
MANAGER TO EXECUTE THE AGREEMENT AND ALL ESCROW AND OTHER
DOCUMENTS NECESSARY TO COMPLETE TRANSFER OF REAL
PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH. (Resolution No. 4137-22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 6:43 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
2ND READING
City of Taft Agenda Report
DATE: MARCH 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
2ND READING - ZONING ORDINANCE AMENDMENT NO. 2021-13, REGARDING
RESIDENTIAL ZONE DISTRICT LAND USE STANDARDS & ACCESSORY DWELLING UNITS SUMMARY STATEMENT:
On September 16, 2021, the governor signed Senate Bill No. 9 into law. The bill amends Government Code section 66542.6 and adds sections 65852.21 and 66411.7. In general, the bill requires cities and counties to ministerially review and approve all proposals of up to 2 dwelling units in a single-family residential zone district. On November 3, 2021, the Planning Director presented to the Planning Commission a summary of the new development standards as detailed in the bill along with a first draft resolution with the applicable sections of the Zoning Regulations that may be affected by the passing of this bill. At the December 8, 2021, Planning Commission meeting, the Planning Director provided an updated draft Resolution for a zoning ordinance amendment to amend the residential land use standards to be in compliance with Senate Bill 9.
On February 2, 2022, the Planning Commission reviewed and adopted a resolution recommending approval by the City Council of the attached draft ordinance that amends Chapter 4 and Section 6-12-23 of the Zoning Regulations. Chapter 4 of the Zoning Regulations is proposed to be amended to allow one (single-family) or two units to be built in the R-1 zone district, including accessory dwelling units. Other amendments include reducing lot sizes in the R-2 and R-3 zone districts; simplifying setback requirements in Table 4.B; and amending Section 6-12-23 Accessory Dwelling Units to include the proper number of ADUs allowed and an increase in the maximum allowable square feet for ADUs.
RECOMMENDED ACTION
Motion to adopt Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-13, AN AMENDMENT OF CHAPTERS 4 AND SECTION 6-12-23 OF TITLE 6 OF THE TAFT
MUNICIPAL CODE REGARDING RESIDENTIAL ZONE DISTRICT LAND USE STANDARDS AND ACCESSORY DWELLING UNITS.
IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Ordinance
PREPARED BY: Mark Staples, Director, Planning & Development Services ORDINANCE NO. 846-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-13, AN
AMENDMENT OF CHAPTERS 4 AND SECTION 6-12-23 OF TITLE 6
OF THE TAFT MUNICIPAL CODE REGARDING RESIDENTIAL
ZONE DISTRICT LAND USE STANDARDS AND ACCESSORY
DWELLING UNITS
WHEREAS, California Government Code Section 65800 provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities; and WHEREAS, the City of Taft is responsible for continually reviewing and updating the adopted Zoning Ordinance to address changing conditions within the City; and WHEREAS, the City of Taft seeks to protect the health, safety, and welfare of the community by adopting land use regulations for residential developments; and WHEREAS, Chapter 4 of Title 6 of the Taft Municipal Code provides establishes regulations for all densities of residential development, which Chapter 12 includes specific land use regulations for accessory dwelling units; and
WHEREAS, the Planning Commission reviewed and commented on a draft ordinance amending various sections of Title 6 of the Taft Municipal Code at its regular meetings on December 8, 2021, and February 2, 2022; and
WHEREAS, the Planning Commission studied and considered the written findings for approval of Zoning Ordinance Amendment No. 2021-13, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and WHEREAS, the Planning Commission voted 5-0 to recommend approval of the proposed amendment to the City Council; and
WHEREAS, the City Council reviewed and commented on a draft ordinance amending various sections of Chapter 4 and Section 6-12-23 of Title 6 of the Taft Municipal Code at its regular meeting on March 1, 2022; and
WHEREAS, the City Council studied and considered the written findings for approval of Ordinance Amendment No. 2021-13, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and WHEREAS, the laws and regulations relating to the preparation and adoption of environmental documents, as set forth in the State Guidelines Implementing the California Environmental Quality Act have been adhered to; and
WHEREAS, the City Council has fully considered this request and the potential environmental effects.
Ordinance No. 846-22
March 1, 2022
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Taft finds and ordains as follows:
1. The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provision of the General Plan; and
2. The proposed amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and
3. The proposed amendment is consistent with the purpose and intent of the remainder of this Zoning Ordinance not under consideration; and
4. The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts; and
5. The proposed amendment is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines because the Code Amendment will have no significant effect on the environment.
SECTION 1. The City Council approves the amendments of Chapter 4 of Title 6 of the Taft Municipal Code, as follows:
6-4-2: RESIDENTIAL DEVELOPMENT ZONE DISTRICTS:
(A) Residential Suburban (RS) Zone District: The primary purpose of the Residential Suburban Zone District is to provide for and protect a rural atmosphere and lifestyle or a large lot estate atmosphere and lifestyle. This zone district is intended as an area for development of low density, comprised of: 1) a large lot subdivision with a maximum allowable density of one dwelling unit per acre; or 2) a small lot subdivision with a maximum allowable density of two and one-half (2 1/2) dwelling units per acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the Residential Suburban Zone District depicted on the City zoning map. (Ord. 805-14, 7-1-2014) (B) Single-Family Residential (R-1) Zone District: The primary purpose of the R-1 Zone District is to provide for and protect the atmosphere and lifestyle associated with detached, single-family residential neighborhoods. This zone district is intended as an area for detached single-family residential small lot developments at a maximum allowable density of seven (7) dwelling units per acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the R-1 Zone District depicted on the City zoning map.
Accessory dwelling units, in addition to existing primary structures, are permitted pursuant to the provisions of section 6-12-23 of this title. (Ord. 828-17, 8-1-2017) (C)Medium Density Residential (R-2) Zone District: The primary purpose of the R-2 Zone District is to provide for a range of housing choices for residents in a more Ordinance No. 846-22
March 1, 2022
urban setting. The R-2 Zone District provides for residential development, including small lot single- and multiple-family detached and attached residential uses at a maximum allowable density of fifteen (15) dwelling units per net acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the R-2 Zone District depicted on the City zoning map. (D)High Density Residential (R-3) Zone District: The primary purpose of the R-3 Zone District is to provide for the development of multi-family attached residential dwelling units with enhanced amenities (common open space and recreation areas) at a maximum allowable density of twenty nine (29) dwelling units per net acre. This chapter further establishes minimum development standards, as depicted in section 6-4-3, table 4.B of this chapter for the R-3 Zone District depicted on the City zoning map.
(E) Residential Densities:
1. Determination: The actual density that may be attained in a residential district shall be determined by the residential land development review process and public hearings, as described in chapters 1 and 2 of this title. The Planning Director, project assistance team, Planning Commission and/or City Council shall have the authority to reasonably condition proposed residential development to ensure that appropriate transitions are provided and that the proposed development is compatible with adjacent residential land uses, both existing and proposed.
2. Threshold Densities: "Threshold densities", as specified by the General Plan, may be exceeded up to the "maximum allowable density" for residentially zone districts, pursuant to the provisions of section 6-11-8, "Development Density; Density Bonuses", of this title. (Ord. 805-14, 7-1-2014) 6-4-3: USE REGULATIONS:
(A) Table 4.A Scope: Table 4.A of this section identifies those land uses or activities that may be permitted in each of the residential zone districts, subject to the provisions of this chapter, other provisions of this title, and applicable General Plan policies. Table
4.A of this section also identifies, by zone district, those land uses and activities that are permitted subject to an approved conditional use permit, or are prohibited. (B) Special Use Regulations:
1. Animals Within Residential Zone Districts:
(a) It is the general intent of the City to permit the keeping of animals within the City without the creation of a nuisance to surrounding residents and visitors.
Animals that may be kept within residential districts are identified in section 6- 12-4 of this title. Animals not listed in section 6-12-4 of this title may be permitted in residential districts, subject to City review and confirmation that a nuisance condition will not be created.
Ordinance No. 846-22
March 1, 2022
(b) In addition to the provisions of section 6-12-4 of this title, all animals, excluding household pets, shall be kept a minimum distance of fifty feet (50') from any street. The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine all such animals shall also conform to this requirement.
2. Equipment And Devices: In all residential districts, air conditioners, heating, cooling, ventilating, pool, spa, sauna, or similar mechanical equipment, as well as lighting or electrical devices, shall be located to minimize impact to the peace, quiet and comfort of neighboring residents and shall be screened, where possible, from surrounding properties and streets. All equipment shall be installed and operated in accordance with chapter 11 of this title and all other applicable City ordinances, standards and regulations, and shall be subject to approval by the building official prior to installation.
3. Landscaping: All developments in Residential Zone Districtsare required to provide front and street side yard landscaping, and shall consist predominantly of drought tolerant plant materials, except for necessary walks, drives and fences, subject to the provisions of section 6-11-41 of this title.
4. Front Setback Protrusions: No portion of any building may protrude into the front setback unless the following conditions are met:
(a) Architectural projections, such as unenclosed porch roofs and support posts, awnings, canopies and roof overhangs may project over the required front yard setback, but not more than twenty percent (20%) thereof. Architectural projections along side yards and rear yards shall extend no closer than thirty inches (30”) from the property line.
(b) Uncovered porches, platforms or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than six feet (6'), an openwork railing not more than thirty inches (30") in height may be installed or constructed on any such porch, platform or landing place.
TABLE 4.A
USES PERMITTED WITHIN RESIDENTIAL DISTRICTS
To view Table 4.A Uses Permitted Within Residential District, click HERE Legend:
P = Permitted subject to consistency assessment
C = Permitted subject to approval of a conditional use permit application X = Prohibited
Use RS R-1 R-2 R-3
Accessory uses:
Accessory dwelling unit, subject to the provisions of section 6-12-23 of P P n/a n/a Ordinance No. 846-22
March 1, 2022
Use RS R-1 R-2 R-3
this title
Accessory uses and structures located on the same site as a permitted use P P P P Accessory uses and structures located on the same site as a use permitted subject to a conditional use permit C C C C
Antennas and satellite dishes, subject to section 6-12-8 of this title P P P P Dormitories accessory to educational institutions C C C C Feed and tack stores accessory to commercial stables C X X X Personal use of cannabis and cannabis products, subject to provisions of section 6-4-5 of this chapter P P P P
Private garage P P P P
Private swimming pool, tennis court P P P P
Recreational vehicle storage yard (associated with residential development) C C C C
Commercial uses:
Commercial cannabis activities (all State license types) X X X X Equestrian centers, riding academies and commercial stables, when associated with an equestrian subdivision C C X X
Hotels, motels X X X C
Medical marijuana dispensaries X X X X
Oil and gas exploration and production C C C C
Parking lots on a parcel adjacent to and for the use of a commercial property where inadequate parking exists C C C C
Yard or garage sales P P P X
Home occupations:
Home occupations (subject to the provisions of section 6-12-18 of this title and the issuance of a home occupation permit) P P P P
Public/quasi-public uses:
Churches C C C C
Clubs, lodges, fraternities and sororities C C C C
Daycare facilities (per State law) P P P P
Educational institutions (public and private) C C C C
Fire and police stations C C C C
Post Office branch C C C C
Public libraries and museums X C C C
Public parks and recreation, unless project otherwise entails a public hearing, then permitted C C C C
Public utility and public service substations, reservoirs, drainage sumps, pumping plants, transmission lines and similar installations, not including public utility offices, unless project otherwise entails a public hearing
C C C C
Ordinance No. 846-22
March 1, 2022
Use RS R-1 R-2 R-3
Recreational facilities (e.g., country clubs, golf courses), including recreational uses commonly associated with and directly related to the primary use
C C C C
Residential uses:
Bed and breakfast inn C C C C
Board and care facility (12 or more residents) X X C C
Boarding/rooming house (7 or more residents) X X C C
Convalescent care X C C C
Emergency shelter X X P X
Mobilehome park X C C X
Mobilehome subdivision C C C X
Multi-family dwellings, 3+ Units X X P P
Senior congregate care, assisted living X C C C
Senior independent living X C C C
Accessory dwelling unit (per section 6-12-23 of this title) P P P P Single-family dwelling P P P C
Two-Unit Dwelling P P P P
Supportive housing P P P P
Transitional housing P P P P
Temporary uses:
Temporary uses (subject to the provisions of section 6-2-10 of this title and the issuance of a temporary use permit) P P P P
Other uses similar to and no more objectionable than the uses identified above, subject to approval of the Planning Commission
(Ord. 831-18, 3-20-2018)
TABLE 4.B
SITE DEVELOPMENT STANDARDS
To view Table 4.B Site Development Standards, click HERE RS (Large Lot) RS R-1 R-2 R-3
Maximum density (dwelling units per acre) 1.0 2.5 7.0 15.0 29.0 Minimum lot area (net area in square feet):
Interior lot 40,000
(1 acre average) 20,000 6,000 5,000 3,000
Minimum lot width:
Interior lot 135' (150'
average) 80' 60' 75' 90'
Minimum lot depth:
Ordinance No. 846-22
March 1, 2022
Lot is greater than 20,000 square feet 200' 130' 100' 100' 100' Lot is less than 20,000 square feet 150' 125' 100' 100' 100' Minimum front yard setback:
Lot adjacent to a straight street 40' 30' 20’ 20' 20'
Cul-de-sac lot or knuckle lot 40' 20' 20' 20' 20'
Minimum interior side yard setback:
All residential structures 20' 15' 5' 5' 5'
Minimum rear yard setback 15’ 10’ 5’ 5’ 10’
Maximum lot coverage 25% 30% 40% 50% 60%
Maximum height for buildings and structures 35' 35' 35' 35' 45' Minimum distance between buildings 10' 10' 10' 10' 10'
Minimum dwelling unit size (square feet) 1,000 1,000 1,000 800 450 Standards:
1. Minimum lot width in RS, R-1 and R-2 Zone District along the arc of the front property line shall be 35 feet for cul-de-sac lots and 40 feet for knuckle lots.
2. Minimum building setback from the centerline of substandard streets shall be 55 feet for R-1 lots and 65 feet for RS lots.
3. A 1 hour or greater firewall, approved by the building official, can reduce the minimum distance between buildings to 5 feet, depending on the structure type.
4. Minimum multiple-family dwelling unit size is: a) studio, 450 square feet; b) 1 bedroom, 650 square feet; and c) 2 bedroom, 800 square feet, plus 120 square feet for each additional bedroom in excess of 2.
5. In an R-1 subdivision with 21 or more lots, lots can be reduced to 5,000 square feet, provided the average lot size for the entire subdivision is 6,000 square feet.
Said lots shall be a minimum of 50 feet wide.
6. In the R-2 zone district, if single-family detached structures are proposed, the development shall include an Accessory Dwelling Unit,.
(Ord. 805-14, 7-1-2014; amd. Ord. 822-16, 9-20-2016)
(C)Additional Standards For Condominium, Townhouse And Apartment Developments:
1. Compliance: All condominium and condominium conversion projects shall comply with the provisions of section 6-11-5, "Condominiums And Condominium Conversions", of this title.
Ordinance No. 846-22
March 1, 2022
2. Construction Plans: Any proposal for a condominium conversion shall include a set of original construction plans for the building as part of the initial application for conversion.
3. Inspections: For all condominium conversions, an on-site inspection shall be made by staff from building, engineering, fire and planning departments to determine whether the design criteria set forth in this section has been met. Such inspections shall be made after the initial application but prior to any approval of the primary entitlement.
4. Code Compliance: Condominium, townhouse and apartment developments 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 in effect.
5. Separate Utility Services: Within for sale projects, including condominium conversions, separate utility services shall be provided to each dwelling unit.
6. Enclosed Exterior Storage Space: When carports are provided for a condominium, townhouse or apartment development, a minimum of two hundred sixty (260) cubic feet of enclosed exterior storage space shall be required for each carport.
7. Shock Mounting Of Mechanical Equipment: All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which is determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official.
8. Masonry Wall Between Districts: Where a multiple-family dwelling, including incidental or required accessory uses, abuts property in an RS or R-1 zone district, a masonry wall six feet (6') in height shall be required along the property line between such use and the RS or R-1 zone district.
9. Greater Setbacks: The planning commission and/or city council may require a greater setback as part of a precise plan of design due to the size, width or length of a building and its relationship to a street or intersection of two (2) streets. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.
(a) In the case of a dwelling structure designated with a patio above the first floor level, such patio shall be permitted to extend only a maximum of six feet (6') into the required side or rear yard setback area, provided the remaining distance between the patio and the property line is at least ten feet (10'). (b) The required side or rear yard setback area may be used for patio purposes. (c) The front yard setback area, as well as the side yard setback area when adjacent to a street, shall not be used for parking. Vehicular access to Ordinance No. 846-22
March 1, 2022
designated parking areas for the property shall be limited to driveways, as defined in section 6-14-6 of this title.
(D)Vacant Building Registration: Vacant or abandoned residential buildings are subject to the vacant building registration requirements per section 6-11-40 of this title and title III, chapter 4.3 of this code. (Ord. 805-14, 7-1-2014) SECTION 2. The City Council approves the amendments of Section 6-12-23 of Title 6 of the Taft Municipal Code, as follows:
6-12-23: ACCESSORY DWELLING UNITS:
(A) Intent: This section is intended to ensure that accessory dwelling units located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels.
(B) Applicability: The provisions of this section shall apply to all lots that are occupied with a single-family dwelling within residential zone districts. Accessory dwelling units (ADUs) are not calculated for the maximum allowable density for the lot upon which the unit is located. All ADUs are considered a residential use that is consistent with the General Plan and zoning designations for the lot. (C)Development Standards: The following standards shall apply to all accessory dwelling units:
1. Limitation: Only one ADU is permitted per lot with an existing single-family or up to a four-unit residence. Multiple-family residential developments may have up to two (2) ADU units.
2. Sale Prohibited; Rental: The units are prohibited from being sold separate from the primary residence, but may be rented.
3. Junior Accessory Dwelling Unit or jADU: An ADU within an existing space of the primary single-family residence, and are subject to:
(a) Only one (1) jADU is permitted per single-family residence. The single-family residence is permitted one (1) jADU and one (1) attached or detached ADU subject to the provisions of section 4 below.
(b) The applicable Building Code at time of permit application. (c) Shall be a minimum of seventy (70) square feet in size. (d) Providing an independent exterior access from primary residence. (d) Sufficient setbacks for fire safety.
Ordinance No. 846-22
March 1, 2022
(e) An ADU within the existing space of a primary residence shall not reduce floor area of the primary residence to less than one thousand (1,000) square feet.
4. Attached And Detached Accessory Dwelling Units:
(a) Applicable Location: The lot is located within a residential zone district and contains an existing single- family dwelling.
(b) Location: The ADU may be attached or detached from the existing singlefamily dwelling and shall be located on the same lot as the single-family dwelling.
(c) Minimum Floor Area, Maximum Unit Size: The attached or detached ADUs shall have a minimum floor area of two hundred twenty (220) square feet and up to:
(1) Six hundred (600) square feet on lots up to seven thousand four hundred ninety nine (7,499) square feet.
(2) Nine hundred (900) square feet on lots between seven thousand five hundred (7,500) and twelve thousand four hundred ninety nine (12,499) square feet.
(3) Twelve hundred (1,200) square feet for lots twelve thousand five hundred (12,500) square feet or greater.
(d) Bathroom, Kitchen Required: All ADUs shall provide a full bathroom and, at a minimum, an efficiency kitchen.
(e) Occupancy: ADUs shall have a maximum occupancy of two (2) persons per bedroom plus one additional person for the overall unit. Studio units with no defined bedroom area shall have a maximum occupancy of two (2) persons. (f) Standards: All structures on the lot are subject to subsection 6-4-3(B), table
4.B, "Site Development Standards", of this title, particularly lot coverage, except that an attached or detached ADU may be located within four feet (4') of any side or rear property line.
(g) Design Standards: All attached and detached ADUs shall be architecturally consistent with the main dwelling unit, including exterior wall finishes, paint color, roofing materials, windows, and other architectural details. (h) Parking: The primary residence shall be compliant with section 6-14-2, table
14.A, "Off Street Automobile Parking Space Requirements", of this title prior to approval of an ADU on the same lot.
(1) Parking for the ADU shall be provided at a rate of one space per bedroom.
Ordinance No. 846-22
March 1, 2022
(2) Required parking shall be a paved space and be provided on the same lot as the primary residence and ADU.
(3) The required parking spaces may be accommodated by an available tandem space on an existing driveway or by providing additional driveway space or a parking area accessible from an alley.
(4) A driveway in the front yard of a lot shall not exceed fifty percent (50%) of the width of the lot.
(i) Garage, Parking: A garage structure may be converted to an ADU if it meets the standards of this section. If garage conversion occupies the required spaces for the primary residence, new parking for the primary residence shall be provided per section 6-14-2, table 14.A of this title. (j) Fire Sprinklers: An ADU shall not be required to provide fire sprinklers if they were not required of the primary residence.
5. Sewer And Water Utilities: Accessory dwelling units shall have adequate water supply and sewer service. An ADU is not required to have a separate service connection and shall not have a separate meter.
(D)Applications Requirements: Accessory dwelling units shall be reviewed and permitted through a building permit application, which will determine compliance with subsection (C) of this section. The Planning Director, or their designee, may approve an ADU that is not in compliance with subsection (C) of this section as set forth in subsection (E) of this section.
(E) Review Process For ADUs Not Complying With Development Standards: An ADU that does not comply with the development standards of this section may be permitted through a site plan review at the discretion of the Planning Director and project assistance team subject to findings in subsection (F) of this section. (F) Findings:
1. Approval: The Planning Director and project assistance team may waive, reduce, or amend required parking requirements, setback standards, occupancy limits, or other ADU and site development standards if the strict or literal application and enforcement of the standard would result in unnecessary hardship, excepting financial hardships, not otherwise shared by others within the surrounding area.
2. Denial: The Planning Director and project assistance team may deny a permit for an ADU if the waived standards are found to be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. (Ord. 825-17, 4-4-2017; amd. Ord. 832-18, 4-17-2018) SECTION 3. Recognizing that there is a potential conflict between federal and State law, it is the City Council’s intention that this Ordinance shall be deemed to comply with applicable State Law.
Ordinance No. 846-22
March 1, 2022
SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.
SECTION 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and within fifteen (15) days after its adoption shall be published at least once in the Daily Midway Driller, a newspaper of general circulation, published and circulated in the City of Taft together with the names of members of the City Council voting for and against same.
PASSED AND ADOPTED on this 15th day of March, 2022.
_________________________
Dave Noerr, Mayor
Attest:
____________________________
Yvette Mayfield, MMC
City Clerk
Approved as to form:
____________________________
Jason Epperson, City Attorney
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Ordinance had its first reading on March 1, 2022, and had its second reading on March 15, 2022, and was passed by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
DISPOSAL OF CITY OBSOLETE, UNSAFE AND UNECONOMICAL TO REPAIR EQUIPMENT SUMMARY STATEMENT:
Staff would like to request for the City Council’s consideration and approval to dispose of equipment listed on the city obsolete, unsafe and uneconomical to repair list as attached and some items on the list that meet certain safety and smog regulations.
Staff is recommending that the obsolete equipment be sold through an online auction through Public Surplus. Information on the online auction and the web address will be placed in the newspaper for the public who are interested in bidding. The public will be given an opportunity to view such items at said date and time at the beginning of the bid process.
Public Surplus specializes in governmental assets, charges the bidder a handling fee, and allows the City the possibility of disposing of our diesel vehicles.
The auction, if approved by Council, will be opened up to the public on March 22, 2022 and will remain open for 10 days.
The website address is www.publicsurplus.com.
RECOMMENDED ACTION
Motion to approve disposing of listed equipment through online auction IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, March 2022 City of Taft Liquidation List PREPARED BY: Teresa Binkley, Finance Director
2022 CITY OF TAFT VEHICLE LIQUIDATION LIST Feb-22
M-42 1994 GMC SIERRA 1500 2WD Vin #1GTDC14Z8RZ556993 GAS 4.3 L V6 Miles 113384 CC-22 2007 FORD CROWN VIC Vin #2FAHP71V19X112554 GAS 4.6L V8 Miles 71094 CC-15 2009 FORD E-150 VAN 2WD Vin #1FMNE11W29DA74859 GAS 5.4L V8 Miles 112765 CC-21 2016 FORD FUSION Vin #3FA6P0H73GR308013 GAS 2.5L V6 Miles 15158 P-34 2000 FORD EXPEDION 4WD Vin #1FMPU16L6YLB51747 GAS 5.4L V8 Miles 114234 P-45 2005 CHEVY TAHOE 2WD Vin #1GNEC13Z35R249447 GAS 5.7L V8 Miles 148244 M-28 1999 FORD F450 4WD Vin #1FDXF47S6XEC82701 GAS 6.8L V10 Miles 104212 REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
AUTHORIZATION OF SALE OF PROPERTY LOCATED AT 233 CALVIN STREET TO HABITAT FOR
HUMANITY GOLDEN EMPIRE FOR THE PURPOSE OF AFFORDABLE HOUSING SUMMARY STATEMENT:
The City currently owns the property located at 233 Calvin Street and in 2010 there were plans drawn for the development of single-family affordable housing on the lot. Unfortunately, the HOME grant that the city was going to use to fund the housing build timed-out before any action was taken to develop.
The City has since received a proposal from Habitat for Humanity and they would like to purchase and develop an affordable unit for a qualified family on this lot. After researching the funding source used to purchase the lot, and any restrictions that would go along with, we have found their proposal to be consistent with the requirement that the property be developed with affordable housing with long-term affordability restrictions.
In order to help allow the property to be developed, and keeping it affordable, per the required restrictions, the property was purchased with $6,500 in funds that must be reimbursed to the grant, Habitat will be purchasing that property for that amount. In exchange, Habitat will cover all fees associated with the purchase and transfer of this property.
RECOMMENDATION:
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE AND TRANSFER OF REAL PROPERTY LOCATED AT 233
CALVIN STREET TAFT, CALIFORNIA, TO HABITAT FOR HUMANITY GOLDEN EMPIRE FOR THE
PURPOSE OF DEVELOPMENT OF AFFORDABLE HOUSING, AND FURTHERMORE
AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO COMPLETE THE SALE OF SAID PROPERTY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Agreement and Resolution
PREPARED BY: Grant Administrator
Resolution No. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE SALE AND TRANSFER OF REAL PROPERTY
LOCATED AT 233 CALVIN STREET TAFT, CALIFORNIA, TO HABITAT FOR
HUMANITY GOLDEN EMPIRE FOR THE PURPOSE OF DEVELOPMENT OF
AFFORDABLE HOUSING, AND FURTHERMORE AUTHORIZING THE
MAYOR AND/OR CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO COMPLETE THE SALE OF SAID PROPERTY AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City of Taft owns real property located at and commonly known as, 233 Calvin Street, Taft, California (hereafter referred to as “real property”); and WHEREAS, the City has received a proposal for development of said real property from Habitat for Humanity Golden Empire; and
WHEREAS, the City has researched the development requirements for the property based on the City’s acquisition agreement and funding source; and
WHEREAS, the City Council of the City of Taft has found and finds that it is for the common benefit, interest, and convenience of the City of Taft to sell said real property and enter in to an agreement for sale and development of the property and that such sale and development of the real property complies with the City of Taft’s general plan; and
WHEREAS, it is convenient and in the interest of the City of Taft to permit the City Mayor and/or City Manager to execute all documents necessary for the sale and transfer of said real property.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAFT:
Section 1: The foregoing recitals are incorporated into this Resolution by this reference and constitute a material part of this Resolution;
Section 2: Effective immediately upon adoption of this Resolution, the City Mayor and/or City Manager shall have full authority to execute any and all documents necessary to effect and finalize the sale and transfer of the real property located at and commonly known as 233 Calvin Street, Taft, California; Section 3: This Resolution and each of its provisions shall be immediately effective upon adoption by the City Council of the City of Taft;
Section 4: The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED on this 15th day of March, 2022. ________________________________
Dave Noerr, Mayor
ATTEST:
______________________________
Yvette Mayfield, MMC
City Clerk
Resolution No. ________
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 15th day of March 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
______________________________
Yvette Mayfield, MMC
City Clerk
AGREEMENT TO PURCHASE, SALE AND DEVELOP LAND
CONTAINING COVENANTS, CONDITIONS AND RESTRICTIONS
GOVERNING USE AND RESALE
THIS AGREEMENT is made and entered into on March 15, 2022 by and between the CITY OF TAFT, a Municipal Corporation, (“Seller” “City” herein) and HABITAT FOR HUMANITY, GOLDEN EMPIRE, a California non-profit, public-benefit corporation, (“Buyer” herein).
R E C I T A L S
A. Seller is the owner of certain real property located at 233 Calvin Street Taft California and more particularly described on the attached Exhibit A (“Property”).
B. Buyer desires to acquire the Property and Seller desires to sell the Property to Buyer on the terms and conditions contained in this Agreement. Seller is selling Property and Buyer is purchasing Property for the sole purpose of developing the Property with single-family affordable housing conforming to this Agreement.
NOW, THEREFORE, for valuable consideration, and subject to all the terms and conditions of this Agreement, Buyer and Seller agree as follows
A G R E E M E N T
1. PURCHASE AND SALE. Pursuant and subject to the terms and conditions contained in this Agreement, Seller agrees to sell Property to Buyer and Buyer agrees to purchase said Property from Seller. Buyer and Seller agree that the Recitals above are material terms incorporated into the obligations contained in this Agreement, and that a breach of said Recitals shall constitute a material breach of this Agreement.
2. RESTRICTIVE COVENANTS.
A. Definition of Purchase: Acknowledgement and Certification. All subsequent purchasers or successors (“Purchaser”) shall certify his/her acknowledgement of these Restrictive Covenants by executing a form acknowledging such. The term Purchaser as hereinafter used in these Restrictive Covenants shall mean Grantee and all subsequent Purchasers.
B. Single-Family Residence: Residency. Purchaser hereby covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property, or any part thereof, that after construction of the single-family home and sale to the first owner-occupant as set forth in the Agreement, Purchaser, such successors and such assigns, shall maintain and use the Property only as a single-family residence and that Purchaser will occupy the Property as his/her principal place of residence. The Property may not be subleased or rented.
C. Term of Restriction Covenants. These Covenants, Conditions and Restrictions shall be, and are intended to be effective for a period of thirty (30) years from the date of Project Completion (“Period of Affordability”). After the Period of Affordability has expired, the Project Property shall expire and become extinguished.
D. Restrictions on Transfer. Any transfer of the Property after sale to the first owner occupant shall be subject to the provisions of these Restrictive Covenants.
E. Transfer to Eligible Purchaser. Transfer of the Property by Purchaser must be to an Eligible Purchaser. An Eligible Purchaser shall be defined as:
a) A household with an annual income that does not exceed eighty percent (80%) of the Kern County Area Median Income based on the applicable household size, pursuant to the appropriate State and Federal publication.
F. Determination of Maximum Sales Price. The Maximum Sales Price shall not exceed the Maximum Purchase Price Limit for the HOME Program for Kern County.
3. PURCHASE PRICE. The combined purchase price for the Properties shall be SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500).
4. ESCROW.
A. Opening of Escrow. Buyer shall open an escrow (“Escrow”) with the escrow company of their choice upon mutual execution of this Agreement and Buyer and Seller shall deliver a fully executed copy of this Agreement to Escrow Holder.
B. Closing Date. For purposes of this Agreement, the “Close of Escrow” for this purchase shall mean the date on which a grant deed conveying such Property to Buyer is recorded in the official records of Kern County, California.
5. SELLER’S REPRESENTATIONS AND WARRANTIES/CONDITION OF PROPERTY.
A. Authority. Seller represents and warrants to Buyer that (i) it is the Owner of the Property and has the legal power, right and authority to enter into this Agreement and the instruments referenced in this Agreement, and to consummate the transactions contemplated in this Agreement; (ii) all requisite action has been taken by Seller in connection with the entering into of this Agreement and the instruments referenced in this Agreement, and the consummation of the transactions contemplated in this Agreement; (iii) no consent or approval from any other person, entity, board or governmental authority with respect to Seller’s entering into this Agreement and performing its obligations hereunder is required, which has not been obtained, and (iv) Seller is not subject to federal, State or other tax withholding in connection with the sale of the Property pursuant to this Agreement.
B. Encumbrances. Seller represents and warrants to Buyer that there are no leases, options to purchase, rights of first refusal or contracts for lease or sale of the Property, that no possessory or use rights exist with respect to the Property
C. Hazardous Materials Representations. Seller hereby represents and warrants that (i) Seller has not released any Hazardous Materials (as defined below) on the Property, and (ii) Seller has no actual knowledge of any release of any Hazardous Materials on the Property, (iii) Seller has no actual knowledge of the existence of any Hazardous Materials on the Property, (iv) Seller has not received any notice of any violation of any law, ordinance, rule, regulation or order of any governmental authority pertaining to the Property, and (v) Seller has no knowledge of any obligations relating to Hazardous Materials affecting the Property that are outstanding or that have not been met. For purposes of this Agreement, the term “Hazardous Materials” shall mean any and all of those materials, substances, wastes, pollutants, contaminants, by-products, or constituents which have been determined to be injurious to health or the environment, including without limitation those designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, and any other materials, substances, wastes, pollutants, contaminants, byproducts or constituents requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
D. No Suits. Seller hereby represents and warrants that it has no knowledge of any existing or pending action, suit or proceeding against or affecting all or any portion of the Property and it has not received any written threat or claim against or affecting all or any portion of the Property.
F. AS-IS PURCHASE/WAIVER. EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER
IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PROPERTY.
6. BUYER’S REPRESENTATIONS AND WARRANTIES.
A. Authority. Buyer represents and warrants to Seller that (i) it has the legal power, right and authority to enter into this Agreement and the instruments referenced in this Agreement, and to consummate the transactions contemplated in this Agreement; (ii) all requisite action (corporate, trust, partnership or otherwise) has been taken by Buyer in connection with the entering into of this Agreement and the instruments referenced in this Agreement, and the consummation of the transactions contemplated in this Agreement; and (iii) no consent of any other party to Buyer’s entering into this Agreement and performing its obligations hereunder is required, which has not been obtained.
B. Funds. Buyer also represents and warrants to Seller that Buyer has funding in place for the cost of development of the property upon close of escrow.
C. Buyer represents and warrants that all work Buyer shall perform on the Property shall be completed within two (2) years of the date of the close of escrow on said Property.
Applicable to Section C above and primarily as a result of COVID Like conditions impacting the ability to complete stated work as referenced above in the two year sited time period.
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [90] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue.
The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
7. CLOSE OF ESCROW.
A. Delivery of Documents and Payment. At or prior to the Close of Escrow, all of the following shall occur:
(i) Seller shall deposit into Escrow separate grant deed for Property, properly executed and acknowledged by Seller in Buyer’s favor (“Grant Deed”) subject only to the Approved Title Exceptions as defined below, which Grant Deed shall be
recorded in the Official Records on the Closing Date.
(ii) Buyer shall deposit into Escrow the required Funds for closing.
8. CLOSING COSTS. Buyer agrees to pay all costs relating to the purchase.
9. NOTICES. All notices or other communications relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows:
To Seller: City of Taft
Attention: City Manager
209 E. Kern Street
Taft, CA 93268
To Buyer: Habitat for Humanity Golden Empire
Attention: Executive Director
P.O. Box 3267
Bakersfield, CA 93385
10. MISCELLANEOUS.
A. Entire Agreement. This Agreement, including the attached Exhibit, contains the entire agreement between the parties pertaining to the subject matter of the transaction contemplated in this Agreement, except for the Grant Deed for the Property. No change in, modification of or amendment to this Agreement shall be valid unless set forth in writing and signed by all of the parties subsequent to the execution of this Agreement.
B. Successors. Neither party shall assign this Agreement without the prior written consent of the other party.
C. Severability. In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall be effective only to the extent of such determination and shall not prohibit or otherwise render ineffective any other provision of this Agreement.
D. Exhibits. The attached Exhibit is incorporated by reference. In the event of a conflict between this Agreement and the Exhibits, this Agreement shall control.
E. Governing Law. This Agreement shall be construed and enforced in accordance with the applicable laws of the State of California.
F. No Brokers. Each party hereto represents to the other that it has not dealt with, and is not aware of, any broker or other person or entity who may be entitled to a commission or other compensation as a result of the transaction contemplated hereby.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
“CITY” “HABITAT”
CITY OF TAFT HABITAT FOR HUMANITY, GOLDEN
EMPIRE
By: By:
DAVE NOERR, MAYOR EXECUTIVE DIRECTOR
ATTEST:
By: By:
YVETTE MAYFIELD, MMC BOARD PRESIDENT
CITY CLERK
APPROVED AS TO FORM:
By:
JASON S. EPPERSON, CITY ATTORNEY
EXHIBIT “A”
APN: 031-420-01
LOTS 17 AND 18 IN BLOCK 49 IN THE FIRST ADDITION IN THE CITY OF TAFT, PACIFIC
OIL COMPANY, IN THE CITY OF TAFT, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED JUNE 7, 1922 IN BOOK 3, PAGE 61 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL OIL, GAS, ASPHALTUM AND OTHER MINERALS WITHIN
OR UNDERLYING THE PREMISES HEREIN DESCRIBED AS RESERVED IN DEED OF RECORD.