Taft City Council
December 6, 2022

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, DECEMBER 6, 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 into the record.
___________________________________________________________________________________________________________________________

REGULAR MEETING
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Eveland
Councilmember Whiting

1. CERTIFICATE OF COMMENDATIONS – JEFF EVELAND AND ED WHITING

2. PRESENTATION – CLEAR SOURCE FINANCIAL CONSULTING – USER & REGULATORY FEE STUDY

3. CONDUCT A PUBLIC HEARING AND TO ADOPT A RESOLUTION FOR UPDATING AND ESTABLISHING

USER AND REGULATORY FEES
Recommendation –

1. Conduct Public Hearing; and

2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,

CALIFORNIA, ADOPTING A SCHEDULE OF USER AND REGULATORY FEES FOR VARIOUS CITY SERVICES.

4. 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.

5. COUNCIL STATEMENTS (NON-ACTION)

6. DEPARTMENT REPORTS

7. CITY MANAGER STATEMENTS
City of Taft Council/Successor Agency Meeting
Agenda
December 6, 2022

8. CITY ATTORNEY STATEMENTS

9. FUTURE AGENDA REQUESTS
**************************************************************************************************** CONSENT CALENDAR ITEMS 10-14
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?

10. MINUTES
November 1, 2022 regular
Recommendation – Approve as submitted.

11. PAYMENT OF BILLS
Warrant # 11/25/22 Check No. 97151-97211 $ 247,489.28
Recommendation – Approve payment of the bills.

12. TREASURER’S REPORTS
Recommendation – Motion to receive and file Treasurer’s Reports for the Months of September and October 2022.

13. 2ND READING – GENERAL PLAN AMENDMENT AND ZONING ORDINANCE AMENDMENT FOR THE

DOWNTOWN TAFT SPECIFIC PLAN AND AMENDMENTS TO THE ZONING REGULATIONS TO

ACCELERATE HOUSING DEVELOPMENT
Recommendation – Motion to approve and amend the City of Taft Municipal Code adopting an Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-05 AN AMENDMENT OF CHAPTERS 1, 2, 3, 4, 5, 11, 12 AND 14 OF TITLE 6 OF THE TAFT MUNICIPAL CODE TO ACCELERATE HOUSING PRODUCTION IN THE CITY OF TAFT.

14. APPROVAL OF MEMORADUM OF AGREEMENT AND EMPLOYEE COMPENSATION PLAN Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF TAFT APPROVING THE MEMORANDUM OF AGREEMENT AND EMPLOYEE COMPENSATION PLAN FOR SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU LOCAL 521) ****************************************************************************************************

ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure City of Taft Council/Successor Agency Meeting
Agenda
December 6, 2022

that reasonable arrangements can be made.

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 November 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 November 10, 2022, at Taft, California.

Signature _________

City of
Taft
User and Regulatory Fee Study
City Council Meeting | December 6, 2022
Public Hearing
• Background
• Fundamentals and Terminology
• Study Findings and Recommendations
• Next Steps

MEETING AGENDA
2 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
Background
Cities collect fees and charges for government services performed at the request of, or specifically for, a
particular individual, business, or group… as opposed
to services performed for the community as a whole

BACKGROUND
4 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Communities primarily use tax revenues to fund
services that provide general (community-wide)
benefit
• Public works
• Public safety
• Park maintenance
• Communities use fees and charges (direct recovery)
to fund services that provide direct benefit
• Plan Review
• Permitting
• Inspection

BACKGROUND
5 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Building Fees - permit processing, plan check, and
inspection
• Code Enforcement Fees – to encourage compliance with
the City’s Municipal Code
• Planning Fees - entitlement review and review for
compliance with zoning code
• Engineering Fees - Review of development-related grading and public improvements. Review and inspection of
temporary encroachment in the City right-of-way
• Public Safety Fees – animal regulation and police fees • Non-Development Related Fees - recreation fees, and
administrative fees

TYPES OF FEES EXAMINED
• This update DOES
NOT examine taxes,
assessments, utility
rates, development
impact fees, etc.
6 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
Fundamentals and Terminology
• Legal requirements
• Encourage direct recovery of costs incurred
to serve private interests/benefit or respond
to individual actions
• Provide opportunity for relief to General
Fund or other Funds where costs are
incurred
• Enable continuity of service levels by
improving cost recovery levels

MUNICIPAL FEES
• Why do Cities
Review Fees and
Charge Fees for
Services?
8 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• User fees must be linked to and not exceed
the estimated reasonable cost of service
• The full cost of service sets the maximum
limit of a cost-based fee
• Direct program costs for labor, services, and supplies • Facilities overhead
• Departmental administration
• Citywide administration and central support services
• Generally, fees from users of one program
may not be used to pay for costs incurred to
serve discounted users or users of a different
program

MUNICIPAL FEES IN CALIFORNIA
• The California State
Constitution, amended by
successive ballot measures,
establishes requirements for
governmental
service fees
• Common practices among
California cities provides
widely accepted
standards for meeting
Constitutional obligations
9 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Fees proposed are not taxes, as defined by
Article 13C of the California State Constitution
• Fees are set in accordance with parameters set
by Article 13C and by Section 66014 of the
California Government Code:
• Costs allocated to the payer should bear a fair or
reasonable relationship to the payer's burdens on or
benefits received from the governmental activity
• Fees should not exceed the reasonable cost of
providing the service for which the fee is charged

FEES ARE APPROVED BY THE CITY COUNCIL
The City Council has
authority to Directly
Approve User and
Regulatory Fees and
Increases to Fees
10 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
“Full Cost of Service”
• The estimated total cost of a program,
inclusive of direct labor, services, and supplies
expenses, and associated overhead expenses
“Cost Recovery”
• The amount of a program’s full cost of service
that is supported by the program’s own fee
revenues
“Subsidy”
• The amount of a program’s full cost of service
that is supported by other City revenue
sources

TERMINOLOGY
These terms of art
have specific meaning
across California
municipalities and
within the City
11 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT

COST OF SERVICE
• The cost of service sets the
maximum limit of a cost-based
fee. It includes:
• Direct program costs for
labor, services, and supplies
• Departmental administration
• Citywide administration and
central support services
12 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
100%
0%Cost Recovery Targeted
Hourly
Rate for
Personnel
Providing
Services
Time
Required
to Perform
the
Service
Cost of x = Service
Fully Burdened
Hourly Rates:
• Direct and indirect
labor costs
• Services and supplies
• Agency overhead
Estimated or
Known Times for
Providing Services
Maximum Fee
Amount
Exclusively individual benefit
Considerable individual benefit
Balanced individual and
community benefit
Considerable community benefit
Mostly community benefit
Entirely community-wide benefit

COST RECOVERY POLICY FRAMEWORK
Cost recovery
policy reflects
local values
regarding the
presumed
beneficiaries for
each program
area, ranging from
community
benefit to
individual
benefit
13 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
100%
0%Cost Recovery Targeted

SUBSIDY
• The amount of a
program’s full cost of
service that is
supported by other
City revenue sources
14 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
100%
0%Cost Recovery Targeted
Full Cost
of Service
($)
Revenue
from
Current
Fee ($)
City Subsidy
Maximum Level of
Cost Recovery =
100%
Current Level of
Cost Recovery =
X%
Minimum Level of
Cost Recovery =
0%
Study Findings and Recommendations
• Minor Changes to Fees: < $10 Changes
• Comply with State Limits on Certain Administrative Fees

ADMINISTRATIVE AND FACILITY RENTAL FEES
16 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Adjust Dog License Fees <$5 Change
• Comply with State Limits for Non-Spayed/Neutered Animals • Consider multi-year phase-in to align to Kern County license fees • Scale Animal Impound Fees to Encourage Responsible
Animal Ownership
• Animal Regulation will Continue to Be Largely Tax Funded Public Safety Service

ANIMAL REGULATION FEES
17 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Restructure fees to enhance correlation between services provided and fees collected
• Established fixed fees for the City’s most commonly
requested minor permits.
• Fee schedule will allow applicants to easily estimate permit fees and works well for online permitting scenarios
• Proposed fees scale to allow for lower fees for less
complex projects and higher fees for more complex
projects

BUILDING FEES
18 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Full cost recovery is targeted for most fees
• Less than full cost recovery targeted for minor residential permits:
• Residential HVAC Change-Out
• Residential Rooftop Solar
• Service Panel Upgrade
• Residential Water Heater Change-Out

BUILDING FEES, CONTINUED
19 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Use flat fees for minor projects or projects that are relatively homogenous in terms of review effort.

Recalibrate fees to the City’s current cost of service. • Recalibrate fees and deposits to target full cost recovery of contract Engineer support for development related review • Grading Plan Review
• Improvement Plan Review
• Streets
• Sidewalks
• Storm drain, etc.

LAND DEVELOPMENT ENGINEERING FEES
20 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• City Staff Monitors Requests for Encroachment in the City Right-of-Way (e.g., utility work)
• Restructure fees to enhance correlation between services provided and fees collected
• Proposed fees scale to allow for lower fees for less
complex projects and higher fees for more complex
projects

ENCROACHMENT PERMIT FEES
21 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Planning is a detailed process - projects may take a
significant amount of resources over a multi-month and
potentially multi-year timeframe, depending on project
complexity and magnitude.
• Current cost recovery for Planning services varies widely • Most fees currently recover approximately 50% of cost of service

PLANNING FEES
22 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Fees are proposed to be adjusted to establish more
consistent cost recovery
• 100% Cost Recovery for Most Applications
• Less than Full Cost Recovery Targeted for:
• Appeals
• Temporary Use Permits

PLANNING FEES, CONTINUED
23 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
• Police Services are Almost Entirely Tax Funded
• Some fees are collected for discrete services provided • Establish and Recalibrate fees to recover portion of cost of service

POLICE FEES
24 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
Next Steps
• Conduct Public Hearing
• Determine Whether to Adopt Updated Fee Schedule

NEXT STEPS
26 CLEARSOURCE PRESENTATION TO THE CITY OF TAFT
Questions or Feedback
City of Taft Agenda Report
DATE: DECEMBER 6, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

CONDUCT A PUBLIC HEARING AND TO ADOPT A RESOLUTION FOR UPDATING AND

ESTABLISHING USER AND REGULATORY FEES
SUMMARY STATEMENT:

The item provides findings and recommendations from the recently completed user and regulatory fee study. The study, commenced in FY 2021/22, with support from ClearSource Financial Consulting (ClearSource), provides an up-to-date analysis of the City’s current costs of providing feerelated services. This information can be used by the City Council as it considers potential updates to fees.

The most recent comprehensive study of fees was completed in 2012.

User and regulatory fees are set at the direction of the City Council at the conclusion of a public hearing to consider adoption of any new fees or fee increases.

The services for which a city imposes a user or regulatory fee typically derive from an individual person or entity’s action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by a city’s involvement in the individual action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service. When a fee targets “100% or full cost recovery,” the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source – in most cases, the General Fund – subsidizes the individualized activity.

The proposed fees are intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees and charges are not a tax as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to cover the reasonable costs of the City’s activities and services addressed in the fees. Additionally, the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor’s burdens on, or benefits received from the activities and services provided by the City.

Fee Categories that Were Examined in this Study
This study specifically examined fee categories including, but not limited to:
• Building Fees, such as permitting of new construction or modifications to existing structures • Planning Fees, such as entitlement review and zoning code compliance review • Land Development Engineering Fees, such as public improvement review • Encroachment Permit Fees, for work or activities conducted in the City right-of-way • Police Fees, for discrete service requests
• Administrative Fees
• Rental rates for reserved use of various City facilities Items Not Examined in this Study
This study specifically excluded examination of the following:
• Development Impact Fees
• Taxes
• Assessments
• Fines or Penalties
• Franchise Fees
• Utility Rates and Services Charges
These items are subject to different approval thresholds or are not subject to the same cost of service limitations as the fees examined as part of this study. Consequently, they are specifically excluded from the scope of this study.

Nearly every service for which a fee is imposed can be illustrated as follows, contrasting the components of the full cost of service, which is the maximum fee amount justified, against the local agency’s goals for cost recovery:

Based on the
consultant’s
experience
working with municipalities throughout California, most fee-paying stakeholders and city councilmembers accept high cost recovery targets for development-related fees as long as:
• The elements of the cost of service and assumptions are clearly communicated. • The city clearly communicates that only eligible costs are included in fees.

Primary Findings and Recommendations
• Building Fees
o Restructure fees to enhance correlation between fees and services provided o Established fixed fees for the City’s most commonly requested minor permits. o Fee schedule will allow applicants to easily estimate permit fees and works well for online permitting scenarios
o Proposed fees scale to allow for lower fees for less complex projects and higher fees for more complex projects
o Full cost recovery is targeted from proposed fees.
o Less than full cost recovery targeted for minor residential permits:
o Residential HVAC Change-Out
o Residential Rooftop Solar
o Service Panel Upgrade
o Residential Water Heater Change-Out
• Land Development Engineering and Encroachment Permit Fees o Use flat fees for minor projects or projects that are relatively homogenous in terms of review effort. Recalibrate fees to the City’s current cost of service. o Recalibrate fees and deposits to target full cost recovery of contract Engineer support for development related review
o Grading Plan Review
o Improvement Plan Review such as streets, sidewalks, storm drain, etc. o Restructure fees to enhance correlation between fees and services provided o Proposed fees scale to allow for lower fees for less complex projects and higher fees for more complex projects
• Planning Fees
o Current cost recovery for Planning services varies widely o Most fees currently recover approximately 50% of cost of service o Fees are proposed to be adjusted to establish more consistent cost recovery o 100% Cost Recovery for Most Applications
o Less than Full Cost Recovery Targeted for:
 Appeals
 Temporary Use Permits
• Police Fees
o Police Services are Almost Entirely Tax Funded
o Some fees are collected for discrete services provided o Establish and Recalibrate fees to recover portion of cost of service Similar fees are collected by communities throughout the region and the State. The proposed fee amounts do not exceed the City’s cost of service and are in-range of amounts charged by other jurisdictions.

RECOMMENDED ACTION

1. Conduct Public Hearing; and

2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,

CALIFORNIA, ADOPTING A SCHEDULE OF USER AND REGULATORY FEES FOR VARIOUS CITY SERVICES.

IMPACT ON BUDGET (Y/N): Yes, expected increase in fee recovery ATTACHMENT (Y/N): Resolution, Master Schedule of User and Regulatory Fees PREPARED BY: Teresa Binkley, Finance Director
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,

CALIFORNIA, ADOPTING A SCHEDULE OF USER AND REGULATORY

FEES FOR VARIOUS CITY SERVICES
WHEREAS, user and regulatory fees are established by the City Council; and WHEREAS, the City recently completed a study to identify the cost of providing various user and regulatory fee-related services; and
WHEREAS, the study examined fee-related services provided by the City, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and WHEREAS, the City Council finds that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these services from applicants who have sought or require the City's services by revising its schedule of fees; and WHEREAS, the City Council hereby finds that the study provides adequate evidence to conclude that the revised fees do not exceed the cost to provide the services for which the fees are charged; and WHEREAS, the City Council desires that annually the City Manager may update the fees based on the annual percentage change in the all-urban Consumer Price Index for Los Angeles-Long BeachAnaheim, CA (CPI). If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year; and
WHEREAS, in adopting this Resolution, the City Council is taking action only on those fees for the services, programs or products set forth in the Master Schedule of User and Regulatory Fees, which have been modified from prior resolutions of the City Council. The remaining fees that have not been modified from prior resolutions shall remain in full force and effect.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAFT:

SECTION 1. The City Council hereby finds the recitals set forth above are true and correct.

SECTION 2. The City Council hereby adopts the fees, charges, and rates as set forth in the Master Schedule of User and Regulatory Fees, hereby incorporated by this reference.

SECTION 3. Any new or adjusted fees adopted by this Resolution shall go into effect March 1, 2023.

PASSED AND ADOPTED on this 6th day of December, 2022.
_____________________________
Dave Noerr, Mayor
ATTEST:
________________________________
Darnell Porter, CMC
Deputy City Clerk
Resolution No. _________

STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy 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 this 6th day of December, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Darnell Porter, CMC
Deputy City Clerk

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
NOVEMBER 15, 2022
The November 15, 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 Mayor Noerr, followed by an invocation given by Greg Mudge.

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. SWEARING IN OF POLICE OFFICER – BRENT SAVAGE

2. PUBLIC HEARING – GENERAL PLAN AMENDMENT AND ZONING ORDINANCE

AMENDMENT FOR THE DOWNTOWN TAFT SPECIFIC PLAN AND AMENDMENTS TO THE

ZONING REGULATIONS TO ACCELERATE HOUSING DEVELOPMENT
PowerPoint presentation was given by Brooke Peterson of Rick Engineering.

The public hearing was opened at 6:47 PM to receive input from the public.

One comment received by email was read into the record.

The public hearing was closed at 6:49 PM.

Motion: Moved by Bryant, seconded by Krier to adopt an Ordinance entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-05 AN AMENDMENT OF
CHAPTERS 1, 2, 3, 4, 5, 11, 12 AND 14 OF TITLE 6 OF THE TAFT

MUNICIPAL CODE TO ACCELERATE HOUSING PRODUCTION IN THE CITY OF TAFT for first reading by title only and reading of such be waived.

AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
Motion: Moved by Krier, seconded by Whiting to adopt a resolution entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING GENERAL PLAN AMENDMENT NO. 2021-05 TO ADOPT THE DOWNTOWN

TAFT SPECIFIC PLAN TO ACCELERATE HOUSING PRODUCTION IN THE CITY OF TAFT. (Resolution No. 4168-22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0

3. CITIZEN REQUESTS/PUBLIC COMMENTS
Shari Rightmer from Shar-On and Labors of the Harvest brought some of their clients and shared about their programs.

4. COUNCIL STATEMENTS (NON-ACTION)
Council Member Whiting said he was privileged and honored to serve as the emcee at the Annual Veterans Day Celebration.

City of Taft Council/Successor Agency Meeting
Minutes
November 15, 2022

Council Member Bryant thanked the Planning Commission and staff for the work put into the General Plan and Downtown Specific Plan update, thanked Veterans for their service and wished everyone a Happy Thanksgiving.

Mayor Pro Tem Krier recognized those members from Shar-on that shared their stories, spoke on government created hard times and the election.

Mayor Noerr thanked Michelle Kincaid for all her hard work in the planning of the Veterans Day Celebration, mentioned that he unfortunately was unable to attend but thanked all those who served.

5. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that the Commission had one item at their last meeting pertaining to building code amendment that they passed to move on to Council for adoption.

6. DEPARTMENT REPORTS
There was none.

7. CITY MANAGER STATEMENTS
City Manager Jones mentioned that the Veterans Day Celebration is sponsored by Mayor Noerr.

8. CITY ATTORNEY STATEMENTS
There was none.

9. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 10-16
Motion: Moved by Krier, seconded by Bryant to approve consent calendar items 10-

16. AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0

10. MINUTES
November 1, 2022 regular
Recommendation – Approve as submitted.

City of Taft Council/Successor Agency Meeting
Minutes
November 15, 2022

11. PAYMENT OF BILLS
Warrant # 11/2/22 Check No. 97091 $ 168,513.00
Warrant # 11/10/22 Check No. 97092-97093 $ 13,565.00
Warrant # 11/11/22 Check No. 97094-97150 $ 179,023.11
Recommendation – Approve payment of the bills.

12. 2ND READING – ORDINANCE AMENDMENT NO. 2022-05, STREAMLINE PERMITTING OF

ELECTRIC VEHICLE CHARGING STATIONS
Recommendation – Motion to approve and amend the City of Taft Municipal Code adopting an Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT MUNICIPAL CODE REGARDING STREAMLINE PERMITTING OF ELECTRIC VEHICLE CHARGING STATIONS. (Ordinance No. 848-22)

13. APPROVAL OF STREET CLOSURES FOR THE CHRISTMAS PARADE ON DECEMBER 5, 2022
Recommendation – Motion to adopt a resolution entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2022 CHRISTMAS PARADE. (Resolution No. 4169-22)

14. ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID AND AWARD THE 10TH ST.

REHABILITATION FROM A ST. TO XWALK AT BIKE/PED PATH PROJECT Recommendation – Motion to accept the lowest responsive and responsible bid, award the project, and to approve a construction agreement with Burtch Construction for the 10th St.

Rehabilitation from A St. to south side of crosswalk at bike/ped path Project – STPL 5193 (043), and to authorize the Mayor to execute said agreement.

15. FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF JULY 2022 TO SEPTEMBER 2022
Recommendation – Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of July 2022 through September 2022.

16. APPROVAL OF MEMORADUM OF AGREEMENTS AND EMPLOYEE COMPENSATION PLANS
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF TAFT APPROVING THE MEMORANDUM OF AGREEMENTS

AND EMPLOYEE COMPENSATION PLANS FOR THE TAFT POLICE OFFICERS

ASSOCIATION, THE TAFT POLICE MANAGEMENT GROUP, THE

MANAGEMENT/SUPERVISORY/CONFIDENTIAL COMPENSATION PLAN AND THE DEPARTMENT HEAD BENEFITS COMPENSATION PLAN. (Resolution No. 4170-22) ********************************************************************************************* City of Taft Council/Successor Agency Meeting
Minutes
November 15, 2022

ADJOURNMENT - With no further business to conduct the meeting was unanimously adjourned at 7:19 PM.
__________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: DECEMBER 6, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
2ND READING – GENERAL PLAN AMENDMENT AND ZONING ORDINANCE AMENDMENT FOR

THE DOWNTOWN TAFT SPECIFIC PLAN AND AMENDMENTS TO THE ZONING REGULATIONS

TO ACCELERATE HOUSING DEVELOPMENT
SUMMARY STATEMENT:

PROJECT SUMMARY
The Downtown Taft Specific Plan and Zoning Ordinance Amendment Project consists of two projects with a goal of accelerating housing production through 1) the development of a Specific Plan that focuses on the downtown area of the City of Taft and 2) an amendment to multiple chapters and sections of the city-wide Zoning Ordinance. The Downtown Specific Plan (DTSP) aims to establish the downtown area as a central zone with street-oriented uses and as a vibrant mixeduse district surrounded by residential uses. The Project provides a vision and planning framework for future growth and development in the approximately 212-acre Specific Plan Area while introducing new Land Use Designations not included in the 1999 Downtown Taft Specific Plan.

Additionally, the Specific Plan outlines objective design standards to ensure compatible and uniformed design and development is achieved to improve and enhance the character of Downtown Taft. At buildout, the DTSP could result in up to approximately 3,121 dwelling units, 4,272 employment opportunities, 9.3 acres of recreational open space and an increase in local population of 6,180 persons.

A corresponding city-wide amendment to the City of Taft Zoning Ordinance is proposed to integrate the changes from the land use and zoning designations within the DTSP but also to add targeted changes city-wide for application process improvements, bringing the Accessory Dwelling Unit (ADU) sections in conformance with State policy, while also integrating flexible development standards to streamline and accelerate residential development. The Zoning Ordinance Amendment does not include changes that would result in higher land use densities, other than what is proposed for the DTSP project area.

BACKGROUND
The City of Taft received two planning grants from the Department of Housing and Community Development (HCD) with the primary goal and purpose of accelerating housing production. On April 8, 2020, the City was awarded $160,000 through the Senate Bill 2 Planning Grants Program (PGP), and on December 28, 2020, was awarded $65,000 through the Local Early Action Planning (LEAP) Grant Program. The Kern Council of Governments (KernCOG) awarded the City of Taft $10,000 as part of the Regional Early Action Planning (REAP) grant program to supplement the City’s PGP and LEAP funds. On September 7, 2021, the Taft City Council adopted a Resolution to accept the REAP grant funds increasing the total of grant funds for the project to $235,000. The City Council had previously, starting the 2017-18 budget year, approved an additional $80,000 of funding toward such projects that would be split across two budget years.

City Council Agenda Report December 6, 2022
Downtown Taft Specific Plan and Zoning Ordinance Amendment Page 2 of 4 On April 20, 2021, the City Council, after reviews of RFPs and consultant interviews, selected RICK Engineering Company with their bid of $244,900, as having demonstrated their experience with similar projects, outlined a strict schedule to complete both projects in the given timelines, and outlined how both projects will be completed within the provided budget. On August 3, 2021, and June 21, 2022, the City Council approved budget increases to go toward a project website and online outreach tools and fund additional images and graphics depicting potential development outcomes of the Plan’s implementation, increasing the project budget to $268,310.

PROJECT DEVELOPMENT, VISION AND GOALS
Early in the plan development process RICK conducted stakeholder interviews including councilmembers, local special district managers, and the President & CEO of the Kern Economic Development Corporation. The Vision for the DTSP was designed to include a dynamic mix of land uses, ensuring a healthy and balanced community that celebrates the history and culture of the area. The plan’s residential, commercial, employment, and recreational opportunities are linked together through safe streets, connected trails, recreation districts, and a range of housing options.

The goals and policies of the DTSP were centered around four main themes:

1. Strong Economy: The City of Taft strives to create a robust and diversified economy that provides community members with a range of employment opportunities and resiliency and adaptability to market changes. The strong economy goals seek to retain existing businesses and attract new business to the area to stimulate job creation, particularly in Downtown Taft.

2. Sustainable Development: The Downtown Taft Specific Plan is the foundation for the growth of smart and sustainable housing and improvements to mobility, connectivity, and in the Downtown area. The sustainable development goals seek to promote the creation of housing; both diverse and affordable, assess the infrastructure needs to accommodate growth in the city and ensure that Taft is accessible both locally and regionally.

3. Active Community: The City of Taft is committed to enhancing its parks, trails, and recreational amenities to promote an active community in Downtown Taft. The introduction of additional housing units will lead to enhancement and greater use of these facilities. The active community goals seek to promote the health and well-being of the community, encourage social interaction, and build upon the Rails to Trails corridor with high quality recreation amenities and community education.

4. Community Character: The Downtown Taft Specific Plan aims to enhance and protect the community’s small town and historic character while attracting new investment and growth. The Community Character goals seek to preserve historic resources, promote historic architecture in Downtown areas, and celebrate and encourage arts and culture.

LAND USE PLAN
The DTSP area is comprised of eight land use designations focused on encouraging compatible development that brings activity to the Downtown Core complemented with nearby recreation opportunities. The Plan introduces two distinct mixed-use districts, Downtown Core and Downtown Transition. The Downtown Core is intended to encourage vertical high density residential and commercial uses, supplemented by high-quality public spaces that in turn will create a unique Downtown main street look and feel. The Downtown Transition encourages a lower intensity horizontal development pattern, creating a transition to the existing lower density residential neighborhoods to the north and south, while still allowing a variety of uses.

The Land Use Plan includes two additional residentially based zones, Live-Work and Medium Density Residential, that provide a transition from the downtown districts with lower allowed densities and commercial uses. The plan also includes three distinct commercial uses, with a Commercial district that is primarily along the Plan area’s western edge along 10th Street; an Office/Medical district that includes land currently occupied or controlled by a West Side Health Care District, and a Light Industrial district on the east side of the Plan area on land that has City Council Agenda Report December 6, 2022
Downtown Taft Specific Plan and Zoning Ordinance Amendment Page 3 of 4 traditionally been occupied by these job producing uses. Lastly, the Plan includes an Open Space district that includes the Rails to Trails and the Oil Worker Monument.

PUBLIC OUTREACH, WORKSHOPS, PUBLIC INFORMATION
The RICK team and City staff developed a public outreach plan to ensure that as many stakeholders, property owners, and other community members were informed of the DTSP progress. Four workshops were planned to collect feedback, direction, and acceptance of the draft plan. The kickoff Workshop #1 was held on August 25, 2021, from 5:00PM to 6:30PM and was held virtually and pandemic protocols were still in place for public gatherings. The results of Workshop #1 helped develop Land Use Plan options and urban design ideas. Workshop #2 was held on November 10, 2021, from 5:00PM to 7:00PM in person at the Taft Transit Center, at 550 Supply Row, in the Oildorado Room. The workshop was well attended, and the in-person format helped provide input and insight into the community members wants, needs, and expectations of the specific plan. Workshop #3 was held on March 31, 2022, from 5:00Pm to 6:30PM both in person at the Oildorado Room and virtually with City staff in-person and the RICK team virtually presenting the preferred Land Use Plan findings, while also seeking final feedback on urban design standards for downtown Taft. Workshop #4 is planned for October 19, 2022, from 4:00PM to 5:00PM as an informational, question and answer session preceding the Planning Commission public hearing.

City residents, property owners, and other stakeholders are encouraged to attend and review the DTSP materials and Land Use Plan.

Another aspect to the DTSP project’s outreach was to ensure that project materials, surveys, documents, and recordings were available to all. First, the City created a separate section of the Planning and Development Services website to post flyers and updates of all project activities https://www.cityoftaft.org/pview.aspx?id=56235&catid=562. Second, the RICK team setup a Social Pinpoint hosted project website. The Downtown Taft Specific Plan website https://rickplanninganddesign.mysocialpinpoint.com/downtown-taft-sp-zo/downtown-taft-sp-zohome/ contains all project materials including initial commenting opportunities, PowerPoint presentations, recordings of Workshops #1 and 3, and presentation boards. Third, the RICK team utilized the MailChimp email notification system to allow the public to signup for email notifications and for sending out eblasts for each of the Workshops and updates to the project website. Finally, the City printed flyers and mailed postcards to the approximately 350 property owners within the project area and approximately 280 property owners within 300-feet of the DTSP project area. The postcards generated phone call and email responses to City staff and attendees at workshops. Also, the Taft District Chamber of Commerce probably has the farthest reach in notifying the public on various City, civic, and private events in the area. The City and RICK team were able to get the project flyers and other notifications included in the Chamber’s weekly eblast to the email list.

ZONING ORDINANCE AMENDMENT
The second major effort as part of this overall project to accelerate housing production, primarily funded by the LEAP grant, was to amend all appropriate chapters and sections of Title 6 Zoning Regulations of the Taft Municipal Code. The proposed amendments affected Chapters 1, 2, 3, 4, 5, 11, 12, and 14, and focused on addressing the changes needed for recognizing the Specific Plan, while deleting the previous zone districts; improving the permits and approvals process with a Director’s Permit administrative process; amending the Residential and Commercial zone districts to accommodate more housing development with design standards; amend ADU development standards; and amend residential and commercial parking requirements.

TRIBAL CONSULTATION:

As the process of producing and adopting a Specific Plan is a General Plan Amendment, tribal consultation is required through the Native American Heritage Commission (NAHC) to determine if cultural resources may be located on the project site. On April 18, 2022, City staff sent the Local Government Tribal Consultation List form to the NAHC. On April 28, 2022, the City chose a proactive step and utilized a tribal consultation list from 2020 and sent letters to the 12 listed City Council Agenda Report December 6, 2022
Downtown Taft Specific Plan and Zoning Ordinance Amendment Page 4 of 4 tribes. None of the tribes requested consultation and some notified the City that the project was outside of their tribal land area. On June 29, 2022, City staff sent one letter out to the Coastal Band of the Chumash Nation as they were not on the 2020 list utilized for the original mailing. The City received no response for tribal consultation.

CEQA:

The City of Taft reviewed the proposed Downtown Taft Specific Plan and Zoning Ordinance Amendment to accelerate housing production and prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15070. The Draft IS/MND represents the City’s independent judgment and analysis. The Draft IS/MND was circulated for review and comment by interested agencies, organizations, and persons for 30 days in accordance with Section 21091 of the State CEQA Guidelines. The 30-day public review period to solicit comments on the Draft IS/MND started on July 29, 2022 and ended on August 30, 2022. The proposed Project will not have a significant effect on the environment with the implementation of mitigation measures.

The City of Taft received one letter from public agencies on the proposed project. The letter from the California Department of Toxic Substances Control did not include comments that were substantive, specific to the project, or related to the CEQA analysis, but did include standard mitigation measures that may be applied on any project and are incorporated with the measures included with the IS/MND.

RECOMMENDED ACTION: Motion to adopt an Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-05 AN AMENDMENT OF CHAPTERS 1, 2, 3, 4, 5, 11, 12 AND 14 OF TITLE 6 OF THE TAFT MUNICIPAL CODE TO ACCELERATE HOUSING PRODUCTION IN THE CITY OF TAFT.

IMPACT ON BUDGET: $268,310 Project Budget paid by:
$160,000 HCD Planning Grants Program (SB2/PGP)
$65,000 HCD Local Early Action Planning (LEAP) Grant
$10,000 KernCOG/HCD Regional Early Action Planning (LEAP) Grant $33,310 City of Taft General Fund
ATTACHMENT (Y/N): Ordinance – Clean Copy
PREPARED BY: Mark Staples, Director, Planning & Development Services ORDINANCE NO. 849-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-06, AN
AMENDMENT OF CHAPTERS 1, 2, 3, 4, 5, 11, 12 AND 14 OF TITLE 6 OF

THE TAFT MUNICIPAL CODE TO ACCELERATE HOUSING

PRODUCTION IN THE CITY OF TAFT
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 in establishing practical land use restrictions on the location and design standards for residential development; and
WHEREAS, the City of Taft was awarded a Local Early Action Planning (LEAP) on September 2, 2020, by the California Department of Housing and Community Development (HCD) for the preparation and adoption of planning documents, and process improvements to accelerate housing production and to facilitate compliance in implementing the City of Taft’s sixth cycle Housing Element and Regional Housing Needs Assessment (RHNA); and WHEREAS, the purpose and intent of the project is to amend Title 6 Zoning Regulations of the Taft Municipal Code to promote housing development, streamline development applications and permitting, update accessory dwelling unit (ADU) standards, and codify into the ordinance the Downtown Taft Specific Plan; and
WHEREAS, the proposed amendments of Chapters 1, 2, 3, 4, 5, 11, 12 and 14 of Title 6 of the Taft Municipal Code provides zoning and land use definitions, residential development regulations, application requirements, applicable zone district locations, specific plan standards, distances from other uses, parking standards and design requirements; and WHEREAS, the Planning Commission reviewed and commented on a draft ordinance amending Chapters 1, 2, 3, 4, 5, 11, 12 and 14 of Title 6 of the Taft Municipal Code at its regular meeting on August 3 and September 7, 2022, and special meeting on October 19, 2022; and WHEREAS, the Planning Commission voted 4-0 to recommend approval of the proposed amendment to the City Council; and
WHEREAS, the City Council studied and considered the written findings for approval of Zoning Ordinance Amendment No. 2021-06, City Staff’s written and oral reports, and all public testimony before deciding 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
Ordinance No. 849-22
December 6, 2022

WHEREAS, the City Council has fully considered this amendment and the potential environmental effects of implementing the DTSP and are recommending approval of the Negative Declaration (State Clearinghouse No. 2022070541) to the City Council, and 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
SECTION 1. The City Council approves the amendments and additions of Section 6-1-11(A), of Title 6 of the Taft Municipal Code, as follows:
6-1-11: ZONE DISTRICTS:
(A) Districts Created: In order to provide a uniform basis for regulating the use of land, buildings and structures, and to establish minimum site development regulations and performance standards applicable to sites within the city, the city is hereby divided into the following zone districts:

Community facilities (CF) zone district
Airport approach height overlay (H) zone district
Drilling island (DI) zone district
Petroleum extraction overlay (PE) zone district
Residential suburban (RS) zone district
Single-family residential (R-1) zone district
Medium density residential (R-2) zone district
High density residential (R-3) zone district
Mixed use (MU) zone district
General commercial (GC) zone district
Industrial (I) zone district
Agricultural (A) zone district
Natural resources (NR) zone district
Specific Plan (SP) zone district
Ordinance No. 849-22
December 6, 2022

SECTION 2. The City Council approves the amendments and additions of Section 6-1-14(C), of Title 6, of the Taft Municipal Code, as follows:
6-1-14: PROJECT ASSISTANCE TEAM:
(C) Powers And Duties: It shall be the duty of the project assistance team to review and make recommendations to the planning agency regarding any of the following:

1. All tentative land division maps, including those specifically exempted from the requirement for a final map.

2. Any land use application related to a development project, such as a site plan review, conditional use permit, variance, zone change, specific plan amendment or general plan amendment.

3. Any other project or action deemed by the planning agency to require review and recommendation by the project assistance team.

4. The project assistance team shall review and identify technical design features which are necessary to ensure adequate public health, safety and welfare, including adequate traffic and pedestrian circulation, proper grading and erosion control, including the prevention of sedimentation or flood and drainage damage to off site property. In addition, the project assistance team shall consider the adequacy of existing public facilities and services and any potential fire hazards that may pose a threat to life, property and the surrounding environment.

SECTION 3. The City Council approves the amendments and additions of Section 6-1-19, of Title 6, of the Taft Municipal Code, as follows:
6-1-19: DEFINITIONS:

DWELLING UNIT, ACCESSORY (ADU): A secondary dwelling unit located on the same parcel as the primary single-family residential unit or multi-family residential development. The unit may be attached, detached, or a conversion of a room(s) in the primary dwelling per the provisions in section 6-12-23 of this title.

DWELLING UNIT, JUNIOR ACCESSORY (JADU): An ADU of no less than 70 square feet and no more than 500 square feet in size and contained entirely within a single-family residence. A JADU can only be created through conversion of an existing portion of a single-family dwelling, not a garage or other accessory building per the provisions in section 6-12-23 of this title.

SECTION 4. The City Council approves the amendments and additions of the Table of Contents of Chapter 2, of Title 6, of the Taft Municipal Code, as follows:
6-2-1: Purpose and Intent
6-2-2: Development Review Process
6-2-3: General Plan Amendment
6-2-4: Zoning Ordinance Amendment
6-2-5: Conditional Use Permit
6-2-6: Variance
Ordinance No. 849-22
December 6, 2022

6-2-7: Temporary Land Use Permit
6-2-8: Development Agreement
6-2-9: Site Plan Review/Design Review
6-2-10: Director’s Permit
6-2-11: Temporary Use Permit
6-2-12: Special Event Permit
6-2-13: Tenant Improvements
6-2-14: Nonconforming Use and Structures
6-2-15: Application Filing
6-2-16: Public Hearing and Notification Procedures
6-2-17: Approval to Extend with Land
6-2-18: Effective Date of Decision
6-2-19: Lapse of Approvals and Extensions of Time
6-2-20: Appeals
6-2-21: Revocation of Permits
SECTION 5. The City Council approves the amendments and additions of Section 6-2-3of Title 6 of the Taft Municipal Code, as follows:
6-2-3: GENERAL PLAN AMENDMENT:
(A) Purpose And Intent: As conditions within the city change it may, from time to time, become necessary to amend the general plan to enhance its effectiveness. In addition, state law requires that the general plan be periodically reviewed and updated. The purpose of this section is to provide a method for amending the general plan to ensure its continued effectiveness.
(B) Authority: The city council may amend all or part of the general plan, or any element thereof. All zone districts, specific plans (for which a development agreement or vesting subdivision or parcel map has not been adopted) and any other plans of the city that are affected by a general plan amendment, and which by law must be consistent with the general plan, shall be reviewed and amended concurrently, to ensure consistency between the general plan and implementing zoning, specific plans, and other plans. (C) Restriction On Number of Amendments: Elements of the general plan shall be amended no more frequently than permitted by state law.

TABLE 2.A

CONSISTENCY OF CITY ZONE DISTRICTS WITH GENERAL PLAN LAND USE DESIGNATIONS Ordinance No. 849-22
December 6, 2022

Zone
Districts
General Plan Designations

A NR PF OS RR RE LDR MDR HDR MU C I SP
SP C

CF C C C C C C C C C C C C

H C C C C C C

DI C C C C C C C C C C C C

PE C C C C C C C C C C C C

RS C C C C
R-1 C C
R-2 C C C
R-3 C C C C

MU C C C C C
GC C C
I C C

A C C C C

NR C C C C
"C" denotes that zone district is consistent with the applicable general plan designation.

Key to table 2.A:

General Plan Land Use Designations
Residential designations:

RR Rural residential
RS Estate residential
LDR Low density residential
MDR Medium density residential
HDR High density residential
Public facilities designations:

PF Public facilities
P Parks
S Schools
PUB Public utilities/buildings
AP Airport
CD Cemetery
Commercial designations:

C Commercial
Ordinance No. 849-22
December 6, 2022

MU Mixed use
Open space designations:

OS Open space
NR Natural resources
A Agricultural
Industrial designations:

I Industrial
Zone Districts
Special districts:

SP Specific Plan
CF Community facilities
H Airport approach height overlay
DI Drilling island
PE Petroleum extraction overlay
NR Natural resource
Residential districts:

RS Residential suburban
R-1 Single-family residential
R-2 Limited multiple-family residential
R-3 Multiple-family dwelling
Commercial districts:

GC General commercial
MU Mixed use
Industrial districts:

I Industrial
Agricultural districts:

A Agricultural
(D) Initiation Of Amendments to The General Plan: An amendment to the general plan or any element thereof may be initiated by any of the following actions:

1. A request made and approved by the planning commission to the city council;

2. A request made and approved by the city council;
Ordinance No. 849-22
December 6, 2022

3. An application from a property owner or his/her authorized agent; provided, that such application involves the development or modification of property located within the area affected by such amendment;

4. An application from any affected party; provided, that such application involves only revisions to the goals, objectives, policies and implementation programs of the general plan; or

5. A request made by the planning director to the planning commission subject to approval by the planning commission.
(E) Authority And Hearings: Authority for approval of general plan amendments shall be vested in the city council. The planning commission shall forward recommendations to the city council regarding general plan amendments.

1. Planning Commission Review:
(a) Following receipt, in proper form, of a completed amendment application or duly adopted resolution and completion of required environmental review, a public hearing before the planning commission shall be noticed and held.
(b) The planning commission shall make a written recommendation on the proposed amendment to the city council to approve, approve in modified form, or disapprove.

2. City Council Review And Action: A public hearing before the city council shall be noticed and held after a recommendation is made by the planning commission to approve a proposed general plan amendment, appeal of a decision by the planning commission to approve or disapprove a proposed general plan amendment, in accordance with the provisions of section 6-2-16 of this chapter, or a discussion by the city council or any of its members to hear the matter. The city council may approve, approve with modifications, or disapprove any such proposed amendment. Prior to city council action, any substantial modification proposed by the city council that was not previously considered by the planning commission shall first be referred to the planning commission for consideration and recommendation. Failure of the planning commission to report within forty-five (45) calendar days, or within the time period set by the city council, shall be deemed a recommendation for approval.

SECTION 6. The City Council approves the amendments and additions of Section 6-2-4(C), of Title 6 of the Taft Municipal Code, as follows:
6-2-4: ZONING ORDINANCE AMENDMENT:
(C) Authority: Authority for approval of amendments to this title, including amendments to the official zoning map, shall be vested in the city council. The planning commission shall forward recommendations to the city council regarding such amendments.

1. Planning Commission Review:
(a) A public hearing before the planning commission shall be noticed and held within the time limits specified by state law, after an initiated application is deemed complete and after required environmental documentation has been completed. A longer period of time may be prescribed by the city council in the case of a city initiated amendment.

Ordinance No. 849-22
December 6, 2022

(b) The planning commission shall recommend to the city council an approval, approval with modifications, or shall disapprove the proposed amendment. (c) A planning commission action disapproving a proposed amendment, regardless of how such amendment was initiated, shall be final unless appealed pursuant to the appeal provisions of section 6-2-20 of this chapter.

SECTION 7. The City Council approves the amendments and additions of Sections 6-2-5(G) and 6-2-5(H), of Title 6 of the Taft Municipal Code, as follows:
6-2-5: CONDITIONAL USE PERMIT:
(H) Revisions/Modifications: Requests to revise or modify an approved conditional use permit may be requested by the applicant or the planning commission.

1. Revisions/Modifications Requested by Applicant: A revision or modification to an approved conditional use permit, including, but not limited to, change in conditions, expansions, intensification, location, hours of operation or change of ownership, may be requested by an applicant. The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit, unless determined by the Planning Director to be in substantial conformance per section 6-2-5 (H)(3) below, at which time the Planner Director can ministerially process the revision or modification.

2. Review by The Planning Commission: The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the planning commission deems that there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the conditional use permit pursuant to the provisions of this title.

3. Substantial Conformance: Changes to an approved conditional use permit that are determined by the planning director to be de minimis as defined below and in conformance with previously approved plans can be approved under a substantial conformance finding. This determination may be appealed to the planning commission by a stakeholder with a substantiated interest. The Director must make the following findings in order to determine substantial conformance:
(a) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(b) The proposed amendment is consistent with the goals, objectives and policies of the general plan, or any applicable specific plan; and
(c) The proposed amendment is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement or alter any part of this title, whereas said amendment must be consistent with all applicable sections, including these findings; and
Ordinance No. 849-22
December 6, 2022

(d) The previously approved use will continue as the primary use and any new proposed uses will be ancillary to the primary approved use.
(e) The proposed amendment does not increase the square footage of the previously approved use by more than 15%.
(f) The potential significant environmental impacts of the proposed amendment are insignificant or considered exempt, remain covered by a previously filed environmental determination, have been mitigated, or there are overriding considerations that outweigh the potential impacts.

SECTION 8. The City Council approves the amendments and additions of Section 6-2-6(B), of Title 6 of the Taft Municipal Code, as follows:
6-2-6: VARIANCE:
(B) Authority: The authority to grant a minor variance shall be vested with the planning director. The authority to grant a major variance, as defined in subsection (D) of this section, shall be vested with the planning commission.

1. A variance from the terms of the regulations of this title shall be granted only when it is demonstrated that the strict application of the zoning regulations deprives such property of privileges enjoyed by other properties in the general vicinity and in the same zone district due to special circumstances applicable to the property in question, including size, shape, topography, location or surroundings. Consequently,

2. a variance to a zoning regulation prescribed by this title may be granted with respect to development standards, including, but not limited to, walls, fences, screening and landscaping, site area, width and depth, coverage, front, side and rear yards, height of structures, usable open space, and on street and off-street parking and loading facilities.

3. In approving a variance, the planning director and planning commission may impose reasonable conditions of approval.

4. Should the planning director deny, modify or condition the variance sought pursuant to this section, the planning commission may hear the minor variance on appeal.:

SECTION 9. The City Council approves the amendments and deletion of Section 6-2-7(G), of Title 6 of the Taft Municipal Code, as follows:
6-2-7: TEMPORARY LAND USE PERMIT:

SECTION 10. The City Council approves the amendments and additions of Sections 6-2-8(E) and 6-2-8(G), of Title 6 of the Taft Municipal Code, as follows:
6-2-8: DEVELOPMENT AGREEMENT:
(E) Review Of Application:

1. Endorsement: The planning director shall endorse the application on the date it is received. The application shall be reviewed and may be rejected if it is incomplete or inaccurate. If the application is complete, it will be accepted for filing. The planning director Ordinance No. 849-22
December 6, 2022

shall review the application and determine any additional requirements necessary to complete the agreement form. After receiving the required information, a staff report and recommendation shall be prepared which will state whether the development agreement, as proposed or in an amended form (specifying the nature of the amendments), would be consistent with the general plan and any applicable specific plan, and with the provisions contained herein, and whether it meets the needs and requirements of the city.

2. Review and Recommendations: The planning director shall, as part of his review of the application, circulate copies of a proposed development agreement to those city departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement, for review and comment by such city agencies. The proposed development agreement shall be reviewed for legal sufficiency and a proposed ordinance authorizing the city to enter into the development agreement, for action by the city council upon hearing thereof, as specified herein, shall be prepared. The staff report and recommendation of the planning director shall include any appropriate recommendations received by other agencies.

3. Environment Review: The planning director shall, at the applicant's expense and in accord with the city procedures for implementation of the California environmental quality act, undertake environmental review and, upon completion of such review, transmit the application, together with a recommendation thereon, to the planning commission.

4. Public Hearing: Upon receipt of the application, the results of the environmental review, and the recommendations of the planning director, the planning commission shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in California Government Code sections 65090 and 65091, and as provided for in section 6-2-16 of this chapter. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

5. Review Standard: The planning commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any development approval, including, but not limited to:
(a) A development approval pursuant to this title;
(b) An amendment to the general plan;
(c) The formation of an assessment district, benefit district, maintenance district, special benefit district or any other mechanism for the installation of required on site and/or off-site improvements; and/or
(d) Mitigation measures imposed upon a development project after approval of an environmental impact report or mitigated negative declaration in which such mitigated measures have been proposed as a mechanism for eliminating or reducing environmental impacts.

6. Recommendation of The Planning Commission: Following the public hearing, the planning commission shall recommend to the city council to approve, approve with modifications, or disapprove the proposed development agreement. The recommendation shall include the planning commission's determination as to whether the proposed development agreement meets the following criteria:

Ordinance No. 849-22
December 6, 2022

(a) It is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;
(b) It is compatible with the uses authorized in, and the regulations prescribed for, the zone district in which the real property is or will be located; (c) It is in conformity with and will promote public convenience, general welfare and good land use practice;
(d) It will not be detrimental to the health, safety and general welfare, or materially injurious to properties and improvements in the vicinity; (e) It will not adversely affect the orderly development of property or the preservation of property values; and
(f) It will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
(G) Periodic Review:

1. Review: The city shall periodically review a development agreement at least once every twelve (12) months after the city enters into a development agreement.

2. Good Faith Compliance: Not less than forty-five (45) nor more than sixty (60) calendar days prior to the yearly anniversary of the date a development agreement was entered into, the applicant shall submit evidence to the planning director of the applicant's good faith compliance with the development agreement. Said notification shall be accompanied by a processing fee in such amount as may hereinafter be established by resolution of the city council.

3. Finding of Compliance: If the planning director finds good faith compliance by the developer with the terms of a development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the planning director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the city council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.

4. Finding of Noncompliance: If, based on substantial evidence, the planning director finds the developer has not complied in good faith with the terms of a development agreement, the respects in which the developer has failed to comply shall be specified in writing. The planning director shall also specify a reasonable time for the developer to meet the terms of compliance.

If such areas of noncompliance are not corrected within the reasonable time limits as prescribed by the planning director, the development agreement shall be subject to cancellation pursuant to provisions herein.

5. Appeal of Determination: Any interested person may file an appeal of the issuance of a certificate of compliance to the city council within ten (10) days after the certificate's issuance.

The developer may also file an appeal to the city council of a finding of noncompliance by the planning director within ten (10) days after giving notice of such determination. All appeals before the city council shall be conducted pursuant to the provisions of section 6-2-20 of this chapter, at which time evidence shall be taken and findings thereon made.

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December 6, 2022

6. Referral to The Planning Commission: The planning director may refer any review to be conducted hereunder to the planning commission. Such referral shall be made, together with a staff report of the planning director's preliminary findings. Upon such referral, the planning commission shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement in accordance with the provisions contained herein, and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance, or make the determination of noncompliance based on substantial evidence.

SECTION 11. The City Council approves the amendments and additions of Sections 6-2-9(B), 6-2-9(C), 6-2-9(D), 6-2-9(E) and new Section 6-2-9(G), of Title 6 of the Taft Municipal Code, as follows:
6-2-9: SITE PLAN REVIEW/DESIGN REVIEW:
(B) Authority: Authority for approval of site plan review/design review shall be vested in the planning commission. In the case of residential development, if findings can be made that the project complies with the design and land use objectives and standards set forth in Chapter 4 of this Title or an approved specific plan, the authority for preliminary approval shall be vested in the planning director.
(C) Director’s Site Plan Approval: Per Section 6-2-9(B), where a site plan is found to comply with the design and land use objectives of Chapter 4 or an approved specific plan, authority for preliminary approval of site plan review/design review shall be vested in the planning director.

The following shall apply:

1. Notice of its preliminary approval shall be sent to all property within 300’ and to other interested parties to the project.

2. A request for review and hearing by the Planning Commission of the Director’s preliminary decision can be requested by those parties in writing within 14 days of the Director’s decision. The hearing before the planning commission must be scheduled within 30 days of receipt of the review request.

3. The hearing date can be extended upon approval of the project applicant.

4. The Director’s decision can only occur when CEQA review has been completed and it has been determined that the site plan is consistent with the applicable adopted CEQA document.
(D) Application: An application for a site plan review/design review shall be filed with the planning and community development department in a manner prescribed by the planning director.
(E) Public Hearing: The planning commission shall consider each application for a site plan review/design review at a noticed public hearing unless the project meets the requirements for directors’ approval per Section 6-2-9(B) of this title. (F) Findings: Following review and consideration of an application, the planning director, planning commission, the city council on appeal, may approve a site plan review/design review application in whole or in part, with or without conditions, provided the planning commission prepares a written decision which contains the findings of fact upon which the planning Ordinance No. 849-22
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commission's decision is based. In preparing this written decision, all the following findings of fact must be made in an affirmative manner:

1. The proposed use is permitted within the subject zone district pursuant to the provisions of this section, complies with all applicable provisions of this title, is consistent with the goals, policies and objectives of the general plan, and is consistent with the applicable development policies and standards of the city; and

2. The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and

3. The site is suitable for the type and intensity of use or development proposed; and

4. There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

5. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and

6. The proposed use would not result in a significant effect on the environment, unless overriding considerations outweigh the potential impacts.

7. For projects that fall under Director’s Site Plan Approval per Section 6-2-9(C), the Director finds with certainty the project is consistent with the land use and design criteria outlined in Chapter 4 or within an approved specific plan. (G) Objective Design Criteria: Development that seeks to utilize the Director’s Site Plan Approval shall comply with all applicable Objective Design Standards contained within Chapter 4 (Residential) or Chapter 5 (Commercial). All other approvals should seek to comply with the Objective Design Standards in the above referenced Chapters.

1. Exceptions to some design criteria may be allowed on condition that the Director identifies an appropriate alternative providing an equal or better design result.

SECTION 12. The City Council approves the insertion of a new Section 6-2-10, of Title 6 of the Taft Municipal Code, as follows:
6-2-10: DIRECTOR’S PERMIT:
(A) Purpose and Intent: The purpose of this section is to establish the application, review, and decision procedures for a Director’s Permit (DP). The DP enables the Planning Director to administratively review the location, site development, and/or conduct of certain land uses.

DPs are not the automatic right of any applicant. An approved DP goes with the land and is nontransferrable to another location. (B) Applicability: DPs are required for some land uses, subject to the permit requirements of the applicable zone district. A DP may only be issued in accordance with zone district requirements and with this section. Projects that seek ministerial approval shall comply with applicable Objective Design Standards contained in Chapter 4 (Residential) or Chapter 5 (Commercial).
(C) Applications:

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1. Responsibility: The Director shall have the responsibility to approve, conditionally approve, or disapprove an DP. The Director may also decline to take action and forward the application for action to the Planning Commission at a public hearing.

2. Initiation of Application: DP applications may be initiated by the owner, owners, or their authorized agents of property in the City. The applicant shall submit an application in accordance with section 6-2-15, or the format specified by the Director. Fees shall be paid at the time of application in accordance with the fee schedule. An application for a DP shall be accompanied by the following:
i. Submittal of all information and materials deemed necessary to render the requested land use decision before the application is deemed complete. ii. Complete plans, scope of work, and description of the property involved and the proposed use.
iii. Evidence, satisfactory to the Director, of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of the DP.

3. Project Review and Noticing: Applications for a DP shall be processed if the Director finds the application to be complete at the time of filing. The applicant shall be notified in writing within thirty (30) days if the application is complete. i. If the application is found to be incomplete, the Director shall notify the applicant in writing within thirty (30) days, indicating the additional information required to complete the application. The application will not be processed until the information is received by the Director.
ii. Each application shall be analyzed by the Director to ensure the application is consistent with the purpose and intent of this Section. iii. The Director shall issue a Notice of Intended Decision, including the scheduled decision date, and shall be publicly noticed, consistent with Section 6-2-16 (Public Hearing and Notification Procedures) and state law. iv. Public noticing shall be conducted in compliance with Section 6-2-16 (Public Hearing and Notification Procedures).
(D) Hearing and Decision:

1. Director’s Permit Decision/Hearing: DPs are reviewed and approved administratively by the Director and require no public hearing unless an appeal is filed. The Director may approve, conditionally approve, or deny a DP application after making the following findings.

2. Required Findings: The approval of a DP shall be accompanied by all the following findings:
i. Approval of the DP would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood. ii. The design, development, and conditions associated with the DP are consistent with the goals, policies, and intent of the General Plan, the purpose and intent of the applicable Zone, the Objective Design Standards contained in Chapter 4 or 5, and the character of any applicable Specific Plan.

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iii. The land use allowed in conjunction with the DP is compatible with the existing and future land uses of the applicable Zone, and the general area in which the proposed use is to be located.

3. Conditions and Limitations: DPs may be granted upon such conditions and limitations as the Director shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Zoning Ordinance in entirety are achieved. (E) Appeals and Revocations:

1. If the planning director determines that any conditions of approval of a director’s permit, have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder.

The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation.

2. All appeals or use revocations related to a DP approval or denial shall be consistent with the standards and process of Sections 6-2-20 (Appeals) and 6-2-21 (Revocations).

SECTION 13. The City Council approves the amendments of the section title of former Section 6-2-10 and within Sections 6-2-11(A), 6-2-11(B) and 6-2-11(E) of Title 6 of the Taft Municipal Code, as follows:
6-2-11: TEMPORARY USE PERMIT:
(A) Review, Decision: The project assistance team (PAT), as defined in section 6-1-14, shall review and act upon all requests for temporary use permits (TUP), or extensions thereof. The PAT shall approve, conditionally approve or deny any such applications subject to the findings and standard conditions set forth in this section.
(B) Uses Included: Those uses subject to a temporary land use permit include the following:

1. Temporary real estate offices on the site of an approved subdivision where lots, or lots and houses, are being offered for sale.

2. Model homes on any lot within a tentatively approved subdivision consistent with the provisions of the city subdivision ordinance.

3. Construction trailers, commercial cargo/storage containers, temporary office buildings and security personnel offices on construction sites for which a project has been approved and a building permit or grading permit has been issued by the city, subject to the provisions of this chapter.

4. On site contractor's yard during the construction phase of an approved project for which a building permit or grading permit has been issued.

5. Mobilehome or trailer occupied for security purposes during the construction phase of a project.

Ordinance No. 849-22
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6. Commercial cargo/storage containers ("containers") may be placed by a temporary use permit only in commercial or industrial zone districts, subject to the following conditions in a manner consistent with the provisions of this section:
(a) Said containers shall be adequately screened from view from any street, highway or adjacent property in a manner consistent with the provisions of this title. (b) In commercially zoned districts or community facilities zoned districts, one such container shall be permitted for each seven thousand five hundred (7,500) square feet of property up to a maximum of four (4) such containers; in the industrial zone district, one such container shall be permitted for each twenty thousand (20,000) square feet of property up to a maximum of four (4) such containers.
(c) Said containers shall not be placed in a manner that will interfere with any required vehicular parking or maneuvering areas designated for the property. (d) In no instance may said containers be placed on a parcel of land other than as an accessory/subordinate use to an existing and permitted primary land use. (e) Any container that has been located on a parcel of land for a period of ten (10) years or more, upon the effective date hereof, may so remain and shall not be required to comply with the requirements of this section unless a change of occupancy occurs or permits are issued by the city to expand, renovate or improve the property or any structures on the property. In this instance, the requirements listed in subsections (B)6(a) through (B)6(d) of this section shall apply.
(E) Cancellation Of Temporary Use Permit:

1. Noncompliance with the conditions set forth in the approved temporary use permit shall be grounds for the PAT to cancel and void any such temporary use permit.

2. The planning director shall give notice of such an action by the PAT to the permittee. The permittee may appeal such a decision to the planning commission by filing an appeal as specified in section 6-2-20 of this chapter. (Ord. 802-14, 2-4-2014) SECTION 14. The City Council approves the amendment to the section title only of former Section 6-2-11, of Title 6 of the Taft Municipal Code, as follows:
6-2-12: SPECIAL EVENT PERMIT:

SECTION 15. The City Council approves the amendment to the section title only of former Section 6-2-12, of Title 6 of the Taft Municipal Code, as follows:
6-2-13: TENANT IMPROVEMENTS:

SECTION 16. The City Council approves the amendments and additions of the section title and text of former Section 6-2-13, of Title 6 of the Taft Municipal Code, as follows:
6-2-14: NONCONFORMING USE AND STRUCTURES:

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December 6, 2022

(A) Purpose And Intent: This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of nonconforming structures by prohibiting the relocation, alteration or additions in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this title. (B) Applicability: This section shall apply to any site, structure or use that was legally established, but does not conform to the provisions of this title as originally adopted or as may be amended from time to time. "Nonconforming" refers to a legally established site that does not meet the minimum dimensional requirements of the applicable zone, or a legally established use that is not permitted by the applicable zone, a legally established structure, by its size, architecture or location does not meet the standards of the applicable zone, or any combination thereof.
(C) Discontinuation Of Nonconforming Use: Whenever a nonconforming use has been discontinued for a continuous period of one hundred eighty (180) days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone district in which it is located.

Discontinuation shall include termination of a use regardless of intent to resume the use. (D) Conforming Use within Nonconforming Structure: Should a structure be non-conforming, and a conforming use is proposed, the conforming use shall be allowed in the nonconforming structure, providing health and safety issues do not exist, as determined by the planning director.
(E) Exempt Nonconforming Use: This section shall not apply to the use of a nonconforming single-family dwelling located in a zone district that permits single-family dwellings or the adaptive reuse of buildings within the Downtown Taft Specific Plan area. (F) Continuation And Maintenance:

1. Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth; provided the only structural alterations permitted are those required to resolve building code non-compliances, except as hereinafter provided:
(a) Agricultural crops shall not be subject to the provisions of this section; (b) Agricultural uses that involve permanent structures shall be subject to the provisions of this section; however, such uses shall be permitted to make any changes or improvements that are required by any state law or city ordinances, including structural alterations that are necessary as a part thereof.

2. A structure or use may be maintained for the following periods of time after the effective date of the regulation or ordinance that established it as nonconforming:
(a) Commercial and office uses, such as those primarily permitted in commercial districts, thirty (30) years;
(b) Industrial uses, such as those primarily permitted within industrial districts, forty (40) years;

3. Any structure for which a building permit has been legally issued, and on which substantial construction has been performed in reliance thereon on the site before an Ordinance No. 849-22
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amendment to the regulation or ordinance making the use or structure nonconforming, may be continued in accordance with the plans and specifications upon which the permit was issued, subject to the limitations of this section.

4. A property containing a legally established structure that does not conform with applicable development standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located, shall be deemed to be a nonconforming structure, and may be used and maintained as provided herein.

5. A legally established sign as provided in chapter 15 of this title.

6. Routine maintenance and repairs may be performed on a nonconforming use, structure or sign.
(G) Alterations And Enlargements of Nonconforming Uses and Structures:

1. A nonconforming use shall not be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconformity.

2. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site that it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

3. A nonconforming structure shall not be altered or reconstructed to increase the discrepancy between existing conditions and the standards for front yard, side yard, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone district in which the structure is located except within the Downtown Taft Specific zone.
(4) In the Downtown Taft Specific Zone area, a nonconforming structure may be altered or reconstructed to increase the discrepancy between existing conditions and the standards as listed in (3) above up to 10% of the existing standard. (5) Existing Single Family Residential developments within a commercial, mixed use or multifamily residential zone may be altered or enlarged so long as the additional square footage is exclusively for the establishment of an ADU or JADU, as defined in this title. (H) Restoration Of Damaged Structure:

1. Whenever a nonconforming structure is destroyed to the extent of fifty percent (50%) or less by fire, calamity or act of God, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within three hundred and sixty-five (365) calendar days and diligently pursued to completion. When the destruction exceeds fifty percent (50%), or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone district in which it is located, and any prior nonconforming uses shall not be resumed.

2. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be reviewed and approved by the building official and shall be based on the minimum cost Ordinance No. 849-22
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of construction in compliance with the most currently adopted city building code. (Ord. 802-14, 2-4-2014)

3. Legal nonconforming single-family residential structures destroyed by fire, calamity or act of God may be restored and the single-family use may be resumed in all zone districts that permit residential uses. The restoration of single-family residential structures in the High Density Residential (R-3), Mixed Use (MU), or other similar multifamily residential zone district shall include the development of an accessory dwelling unit or other second unit on the same property.

SECTION 17. The City Council approves the amendments and additions to the section title of former Section 6-2-14 and within Section 6-2-15(C), of Title 6 of the Taft Municipal Code, as follows:
6-2-15: APPLICATION FILING:
(C) Determination Of Completeness:

1. No application shall be processed pursuant to this title prior to the determination by the planning and community development department staff that the application is complete. A completed application shall consist of:
(a) The application form with all applicable information included on, or attached to the form;
(b) Additional information, reports, dimensions, drawings and other material specified on the application form;
(c) A description of how the proposed project to requested action is consistent with the goals, objectives, policies, programs and other provisions of the adopted general plan; (d) Any other information or forms required for implementation of the California environmental quality act pursuant to state guidelines in accordance with subsection (I) of this section;
(e) Will serve letters from local water, sewer and other utility purveyors confirming that infrastructure is in place and eligible for service.

SECTION 18. The City Council approves the amendments and additions to the section title of former Section 6-2-15 and within Section 6-2-16(B), of Title 6 of the Taft Municipal Code, as follows:
6-2-16: PUBLIC HEARING AND NOTIFICATION PROCEDURES:
(B) Public Hearing Date: Where required by state law, and unless otherwise specified in this title, a public hearing on any application shall be scheduled before the planning commission and/or city council a minimum of forty-five (45) calendar days following notice of a complete application or by an alternative mutual agreement.

SECTION 19. The City Council approves the amendments and additions of the section title only of former Section 6-2-16, of Title 6 of the Taft Municipal Code, as follows:

Ordinance No. 849-22
December 6, 2022

6-2-17: APPROVAL TO EXTEND WITH LAND:

SECTION 20. The City Council approves the amendments and additions of the section title only of former Section 6-2-17, of Title 6 of the Taft Municipal Code, as follows:
6-2-18: EFFECTIVE DATE OF DECISION:

SECTION 21. The City Council approves the amendments and additions of the section title only of former Section 6-2-18 and within Section 6-2-19(B), of Title 6 of the Taft Municipal Code, as follows:
6-2-19: LAPSE OF APPROVALS AND EXTENSIONS OF TIME:
(B) Extension Of Time:

1. Authority: An extension of time may be granted for projects approved under this title, where substantial construction has not yet commenced or has not yet been completed or where the property has not yet been occupied and the approved use not fully commenced.

Approvals for extension of time may only be granted by the original approving authority.

2. Submittal of Extension Requests:
(a) Extension requests for projects not subject to the subdivision map act and/or not involving city building permits shall only be considered if filed with the planning and community development department no less than thirty (30) calendar days and no more than ninety (90) calendar days prior to the expiration date of the permit or approval. (b) A subdivider may request an extension for projects subject to the subdivision map act by written application to the planning director in accordance with the provisions of the subdivision map act, title X of this code, and this title.

3. Time Limits on Extensions: Extensions may not exceed a total of four (4) years from the original date of expiration, unless otherwise provided by law, and may be for shorter periods of time. The planning director and approving authority may choose to grant multiple extensions in shorter increments, but the total of such extensions shall not exceed the total four (4) year limit, except that extensions for TMs may be provided the maximum amount of time in accordance with the Subdivision Map Act (six years).

4. Circumstances Under Which Extensions May Be Granted: An extension of the approval of a project may be granted only if it is found that granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (Ord. 802-14, 2-4-2014)
SECTION 22. The City Council approves the amendments and additions of the section title of former 6-2-19 and within Section 6-2-20(A) and 6-2-20(C), of Title 6 of the Taft Municipal Code, as follows:
6-2-20: APPEALS:
(A) Appeal Of Action:

Ordinance No. 849-22
December 6, 2022

1. Any person may appeal a decision of the planning director to the planning commission where the planning director's decision would otherwise be final.

2. Any person established as an interested party may appeal a decision of the planning commission to the city council where the planning commission's decision would otherwise be final.
(C) Appeal Hearings: Public notice of an appeal hearing shall be given in the same manner as the original notice was given. In the case of an appeal of a planning commission decision, notice shall be given pursuant to section 6-2-16 of this chapter.

SECTION 23. The City Council approves the amendments and additions of the section title of former Section 6-2-20 and within Section 6-2-21(B) and 6-2-21(D), of Title 6 of the Taft Municipal Code, as follows:
6-2-21: REVOCATION OF PERMITS:
(B) Authority:

1. Authority to revoke permits or approvals shall be vested with the planning commission where the planning commission was the final approving authority in granting the permit or approval, or with the city council where the city council was the final approving authority in granting the permit or approval. A public hearing pursuant to section 6-2-16 of this chapter shall be required for revocation of permits or approvals.

2. Notwithstanding the above, the building official shall have the authority to revoke building permits pursuant to the provisions of the California building code. (D) Notification And Time Limits for Correction:

1. The planning director shall notify the holder of the permit or approval in writing of a decision to initiate a pending revocation, shall state specifically the reasons for the proposed revocation, and shall provide a period of thirty (30) calendar days for the holder to correct or show substantial progress toward correcting the defects that serves as the basis for the proposed revocation. In the event said defects are not corrected within thirty (30) calendar days from the date the notice is mailed, or substantial progress is not made during said thirty (30) day period, a public hearing shall be held before the planning commission, or city council where applicable, which shall be set pursuant to the provisions of section 6-2-16 of this chapter.

SECTION 24. The City Council approves the amendments and additions to the Table of Contents of Section 6-3-1, of Title 6 of the Taft Municipal Code, as follows:
6-3-1: Downtown Taft Specific Plan (DTSP) Zone District 6-3-2: Community Facilities (CF) Zone District
6-3-3: Airport Approach Height (H) Overlay Zone District 6-3-4: Drilling Island (DI) Zone District
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6-3-5: Petroleum Extraction (PE) Overlay Zone District
SECTION 25. The City Council approves the amendments and additions of the Title Section and text of Section 6-3-1, of Title 6 of the Taft Municipal Code, as follows:
6-3-1: DOWNTOWN TAFT SPECIFIC PLAN (DTSP) ZONE DISTRICT:
(A) Purpose And Intent:

1. The purpose and intent of the Downtown Taft Specific Plan (DTSP) Zone District is to encourage mixed use development and create a thriving, healthy, balanced community and an economically diverse downtown economy. This is achieved by outlining goals, objectives, policies, and standards regarding the character of land uses and development within Downtown Taft.

2. The provisions of this section establish procedures that provide for residential, commercial and/or industrial, mixed-use developments. These provisions permit the clustering of units, the mixing of land use and building types, and the formulation of specific development standards and design criteria that respond to the particular features or conditions affecting a site. In effect, the DTSP zone district sets the standards of development independent of other zone districts specified in this title.
(B) Use Regulations:

1. Chapter 3 – Land Uses, of the Downtown Taft Specific Plan (adopted by Ordinance) identifies those land uses or activities that may be permitted, or conditionally permitted in the DTSP zone districts, subject to the provisions of this title and the general plan.

2. All development within this zone district must comply with the approved Downtown Taft Specific Plan.

3. Should the Downtown Taft Specific Plan be silent on a proposed land use or development standard, then the provisions of this title shall apply, at the discretion of the planning director.

SECTION 26. The City Council approves the amendments and additions of Chapter 4, of Title 6 of the Taft Municipal Code, as follows:

CHAPTER 4

RESIDENTIAL ZONE DISTRICTS
SECTION:
6-4-1: Purpose and Intent
6-4-2: Residential Development Zone Districts
6-4-3: Use Regulations
6-4-4: Site Development Standards
6-4-5: Objective Design Standards
6-4-6: Personal Use of Cannabis and Cannabis Products
Ordinance No. 849-22
December 6, 2022

6-4-1: PURPOSE AND INTENT:
(A) The General Plan outlines goals, objectives and policies regarding the character of residential land uses and development. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies that will assure availability of a wide range of residential housing opportunities and dwelling unit types to meet the needs of present and future City residents of all socio-economic groups.
(B) It is also the intent of this chapter to ensure adequate light, air, privacy and open space for each dwelling, minimize traffic congestion, avoid overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the surrounding land area, protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and facilitate the provisions of utility services and other public facilities commensurate with anticipated population, dwelling unit densities and service requirements. (Ord. 805-14, 7-1-2014)
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 ½) 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. (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, singlefamily residential neighborhoods. This zone district is intended as an area for detached singlefamily 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.
(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 urban setting. The R2 Zone District provides for residential development, including small lot single- and multiplefamily 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 Ordinance No. 849-22
December 6, 2022

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; and. Ord. 846-22, 3-15-2022)
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. (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 Districts are required to provide front and street side yard landscaping, and shall consist predominantly of drought tolerant plant Ordinance No. 849-22
December 6, 2022

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
Legend:

P = Permitted subject to consistency assessment
C = Permitted subject to approval of a conditional use permit application DP = Permitted subject to approval of a Director’s 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 this title

P P P P
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
Ordinance No. 849-22
December 6, 2022

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 DP DP
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
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 DP DP
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
Mobile home park X C C X
Ordinance No. 849-22
December 6, 2022

Mobile home subdivision C C C X
Multi-family dwellings 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
TABLE 4.B

SITE DEVELOPMENT STANDARDS
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):
40,000
(1 acre
average)
20,000 6,000 5,000 3,000
Minimum lot width:
135' (150'
average)
80' 50’ 50’ 50’
Minimum lot depth:

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%
Ordinance No. 849-22
December 6, 2022

Maximum height for buildings and structures 35' 35' 35' 35' 45' Minimum distance between buildings 10' 10' 10' 10' 10'
Minimum single family dwelling unit size
(square feet). See standard C.4 below for
multiple family unit size.
1,000 1,000 1,000 800 450
(C) 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.

6. In the R-2 zone district, if single-family detached structures are proposed, the development shall include an Accessory Dwelling Unit.
(D) 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.

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 Ordinance No. 849-22
December 6, 2022

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 designated parking areas for the property shall be limited to driveways, as defined in section 6-14-6 of this title. (E) 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; amd. Ord. 831-18, 3-20-2018; Ord. 846-22, 3-15-2022) 6-4-4: SITE DEVELOPMENT STANDARDS:
(A) Parking Requirements:

1. Parking for each residential development shall be provided in compliance with chapter 14 of this title.

2. Assigned parking shall be provided within for sale projects, including condominium conversions.

3. On street parking shall not be used to satisfy any of the above parking requirements.

4. Tandem parking shall not be permitted.
(B) Landscaping:

1. All required front, side and rear yards shall be landscaped with drought resistant trees, shrubs and ground cover.

2. All landscaping shall be provided with a permanently maintained irrigation system. (C) Open Space: Each residential development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

1. Outdoor open space shall comprise not less than twenty five percent (25%) of the net acreage. Public or private driveways, parking spaces or other areas designed for operational functions are not considered open space. These open spaces may include game courts or rooms, swimming pools, gardens, sauna baths, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling and setback areas with dimensions greater than fifteen feet (15').

Ordinance No. 849-22
December 6, 2022

It is the intent of the city to encourage provision of facilities to accommodate children of all ages, wherever appropriate.

2. Private patios or balconies attached to individual dwelling units may be computed as required outdoor open space, provided the minimum dimension is at least ten feet (10') and the minimum area is one hundred fifty (150) square feet.

3. Swimming pools with related deck areas, wading pools, fish ponds, volleyball courts, barbecue areas, game rooms or other recreational facilities provided for the common uses of all the residents may be constructed within the required outdoor living space; however, such facilities shall not occupy more than fifty percent (50%) of the required outdoor living space.

4. Under all conditions, the open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development. (D) Private Open Space: Each dwelling unit shall have a minimum private open space of one hundred fifty (150) square feet with a minimum dimension of ten feet (10'). For units designed above the ground, one or two (2) balconies, with a combined minimum area of one hundred (100) square feet, shall be provided.
(E) Pedestrian Circulation: A pedestrian circulation system shall be incorporated into the residential development design for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system is subject to review and approval, and shall be developed with a combination of the following development standards:

1. A public sidewalk system shall be development adjacent to all public streets with a minimum width in accordance with city standards.

2. The interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four feet (4'). Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the city. (F) Fences And Walls: A solid fence or masonry wall shall be constructed around the perimeter of the site when adjacent to streets, commercial, industrial and/or single-family residential uses. Maximum height shall be six feet (6'), except within the required front yard or street side yard setback area where the maximum height shall be forty inches (40"). Fences and walls shall be in compliance with section 6-11-9 of this title. (G) Laundry Facilities: For sale projects shall be required to provide laundry facilities for washers and dryers within each residential unit. In the case of apartments, laundry facilities for washers and dryers shall be installed within each residential unit, unless common laundry facilities are provided within each building located within the complex. (H) Lighting: All garages, walkways and driveways shall be lighted during the hours of darkness as follows:

1. Garages: At least one (1) 60-watt light for each two (2) spaces, located inside the garage;

2. Walkways from Parking Areas to Dwelling Units: One hundred (100) watt light per thirtyfive (35) linear feet of walkway;

3. Driveways and Alleys: One hundred (100) watt light per fifty (50) linear feet of alley or driveway; and
Ordinance No. 849-22
December 6, 2022

4. Fixtures: Fixtures for all lights shall be of the type that is protected from breakage. (I) Trash Collection Areas: Trash collection areas shall be provided within two hundred feet (200') of the furthest unit to be served; such collection areas shall be situated to eliminate, insofar as possible, noise and visual intrusion on adjacent property, as well as to eliminate fire hazards to adjacent structures. Further, all trash and garbage collection areas, within residential developments, shall comply with the requirements of section 6-11-30, "Screening Requirements", of this title.
(J) Security Devices: Each door providing ingress and egress to any dwelling unit subject to this chapter shall be equipped with the following devices:

1. A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen.

2. A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this subsection. (K) Maximum Number and Dimensions of Connecting Units: No more than eight (8) units for single-story and sixteen (16) units for two-story structures may be connected. Each building may not exceed two hundred feet (200') in any direction. (Ord. 805-14, 7-1-2014) 6-4-5: OBJECTIVE DESIGN STANDARDS:
(A) Use regulations: New residential development that meet the underlying zone requirements shall incorporate the following standards into their design in order to be processed ministerially through an appropriate permit.

1. Building Siting, Access & Orientation: Orient building doors, windows, and entrances to relate directly to public and private streets, drives, paseos, greenways, and common open space amenities and generally create an attractive presence. (a) Provide direct access from ground level residential units to streets and communal areas.
(b) Provide direct access from ground level commercial to the primary street frontage.

2. Access, Circulation & Parking:
(a) Maximize a feeling of openness in residential developments by orienting road access to open space areas and areas of visual interest.
(b) Minimize cross circulation between vehicles and pedestrians by providing a continuous, clearly marked walkway from the parking areas to main entrances of buildings. The use of enhanced paving for crosswalks and entries is encouraged (such as concrete surface treatment, brick, terra-cotta or stone pavers). (c) Provide walkways and/or corridors between residences, parking areas, and all site facilities for safe access. Pedestrian walkways in parking areas should be provided, clearly identified, and made safe and attractive using hardscape design, landscaping and lighting.
(d) Incorporate any two (2) or more of the following design features in surface parking areas of the development:

Ordinance No. 849-22
December 6, 2022

(1) Carports/ Shade Structures providing a minimum of 50% shade covering for parking area. Carports and Shade Structure shall be constructed of similar or consistent material, and colors, of the primary residence(s). (2) A minimum 10-foot landscape area (trees, shrubs, groundcover) at the exterior perimeter of all parking lots. The 10-foot landscape area may consist of existing and established native and naturalized vegetation and new container plant material consisting of 24-inch box trees and 1- and 5-gallon shrubs and groundcover. New planting should consist of a combination of small, medium, and large-scale trees, shrubs, and groundcover. All landscape and irrigation shall be consistent with section 6-11-41 of this title.
(3) One 24-inch box canopy shade tree for every 30 linear feet of parking area. Tree spacing may be varied to accommodate site conditions or design considerations; however, the total number of trees calculated for all parking areas shall be maintained.
(4) Decorative, but non-porous, paving and pavers are encouraged throughout the site to reduce the amount of irrigation water used due to the reduced landscaped area.

3. Building Scale, Massing and Articulation: Reduce the visual bulk of new development by incorporating any three (3) of the following design features:
(a) Frontage elements, such as bay windows, porches, projecting eaves, awnings, and similar elements, to add visual interest and reduce the scale and mass of buildings. (b) Blank walls without windows, doors, or other articulation are strongly discouraged.

The maximum length of any blank wall shall be limited to 15 feet. (c) Accentuated building corners, with architectural treatments, such as a change in material, greater building height at the corner, rounded or chamfered building facades, pronounced building forms, enhanced window treatments or projections - such as awnings, trellises, parapets, roof overhangs, etc. (d) Fenestration elements, such as recessed windows, decorative panels and trim, color accents, offsets and framed openings to reduce their visual bulk and scale. (e) Patterned garage doors, painted trim, or varied garage door colors. (f) A change in materials and finishes, providing at least three materials and finishes across the building façade.
(g) A horizontal offset in the building plane consisting of a minimum six-inch offset in the building façade for every 30 feet of building frontage. (h) A ten-foot step-back of the third floor.
(i) Housing within new residential subdivisions shall, be situated with recognizable variations in front and side yard building setbacks.
(j) To reduce architectural massing at street corners and to create congruity where a two-story structure is next to a one-story structure, the incorporation of a one-story element into the two-story structure shall be required when determined as feasible by the planning director or planning commission.

Ordinance No. 849-22
December 6, 2022

4. Area: The minimum size for the livable area within a new detached single-family residence in the city shall be one thousand (1,000) square feet.

5. Roofline Variation: Provide variation in the roof lines of new development through breaks in parapets, varied parapet heights, pitched roofs, gabled roofs, and/or mansard roofs. (a) The use of roof forms, including shed, gable and hip roofs, alone or in combination, shall be used to achieve a variety of rooflines for houses adjacent to public streets.

All such roofs shall be of a concrete tile, approved shake or shingle, or an architectural style composition shingle with dimensional variations. All other proposed roofing materials shall be subject to review and approval by the building official.

6. Building Materials, Finishes and Colors: Residential dwelling units, community facilities, and other structures shall provide a unified appearance through a consistent use of building materials, textures, and colors. Exterior columns or supports for site elements, such as trellises and porches, shall utilize materials and colors that are compatible with the rest of the development. The color of relief, decorative trim, and wood frames shall be compatible with the overall building color.
(a) Materials such as brick, stone, copper, etc. shall be left in their natural colors.

Veneer shall turn corners and avoid exposed edges.
(b) Storefronts shall be of a non-reflective glazing.
(c) The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this chapter.
(d) The use of bright or garish colors (i.e., fluorescent "hot" or "day glow" colors) shall not be permitted.
(e) The use of colors to express individuality and identity within a cohesive and attractive framework is encouraged. Such colors should be in harmony with other colors used in the immediate area.

7. Design: Architectural styles and themes should be compatible with the surrounding environment. However, to assure individuality among projects, each development shall vary its architectural design to avoid monotony and create visual interest, while remaining compatible with surrounding development.

8. Sustainable Design Features:
(a) Provide an adequately sized, conveniently located, and accessible area on site for the storage and disposal of refuse and recyclables (for recycling of paper, glass, plastic, and metal waste).
(b) Limit the amount of nighttime light that is projected upward and beyond the site and direct light into high-traffic areas of the development. Lighting in parking areas shall be arranged to prevent direct glare into adjacent dwelling units and onto neighboring uses/ properties.
(c) Provide adequate, accessible, and conveniently located bicycle parking and storage and accommodate bicycle traffic within the development. (d) To the extent feasible, provide roofing materials with a minimum 3-year aged solar reflection and thermal emittance or solar reflection index equal to or greater than Ordinance No. 849-22
December 6, 2022

the values specified in the voluntary measures under California Green Building Standards Code.
(e) Provide low flow plumbing fixtures and fittings that do not exceed the maximum flow rate specified in Table A5.303.2.3.1 (voluntary measures) of the California Green Building Standards Code and Appliances and fixtures for commercial applications that meet the provisions of Section A5.303.3 (voluntary measures) of the California Green Building Standards Code.

9. Landscape Elements: All subdividers/developers shall be required to provide landscaping and an irrigation system for each lot of a residential subdivision prior to receiving a final inspection for any house constructed in that subdivision, as follows:
(a) Landscaping and an irrigation system for both the front yard and the street side yard, provided the street side yard is not obscured from sight from an adjacent street by fencing, of each lot shall be provided. Said landscaping shall consist of the following:
(1) No less than one 15-gallon size tree;
(2) Ten percent (10%) of said yard area shall consist of a landscaped planter; and (3) The remaining portion of said yard area not occupied by a driveway, shall be improved with sod, including one six-station clock timing mechanism and two (2) 1-inch valves for irrigation.
(b) Any proposal for an alternative landscaping plan shall be subject to review and approval by the planning director.

Additionally, each development shall strategically locate landscape elements to define and accentuate different areas:

Edges
(a) Provide a unifying and three-tiered system of formal and mature trees, dense rows of shrubs and groundcover within the setback areas of development.

Gateways
(a) Frame the project entrances with corner markers, low garden walls, gateway signage, perennial color accent landscape, and signature trees. (b) Provide enhanced paving and landscape to accentuate the entrance of the development.

Internal Drives
(a) Provide landscaping at internal drives with a consistent species of low-level shrubs and groundcover between bays of garage doors and on-street parking spaces, with accent landscape planted at all corners and bends.

Paseos & Courtyards
(a) The spaces between buildings that are not dedicated to parking and drives may be designed as landscaped paseos and courtyards, with highly connected paths and planting schemes that match the size, character and activity envisioned for the space.

Ordinance No. 849-22
December 6, 2022

(b) Landscape elements such as bushes, shrubs, flowers shall be maintained at a height of no more than three feet when located adjacent to pedestrian pathways and building facades so that viewpoints are not obstructed. (c) Screen mechanical equipment, garages, maintenance areas, and utilities with landscape materials, such as vines, hedges, shrubs, berms, or garden walls so that these are not exposed to view from the street, major walkways, or residences within the development.
(d) Provide clear, legible entry signage to identify each building. Clearly indicate internal circulation signage and visitor parking areas. For sites greater than one acre in area, provide a directory and map that shows the location of buildings and amenities within the neighborhood.

10. Floor Plans: If custom homes are not proposed, subdevelopers of residential subdivisions shall provide a variety of floor plans and building elevations. as depicted in table

4.C of this section:

TABLE 4.C

RESIDENTIAL FLOOR PLANS AND

ELEVATIONS GUIDELINES
Number Of SingleFamily DwellingsMinimum Number of Building Footprints (Excludes Reverse Plans)
Minimum Number of Elevations
Per Building Footprint
1-5 1 1 (2 color palettes)
6-25 2 2
26-50 3 2
51-75 3 3
75-100 4 3
100+ 5 3

11. Elevations: Elevations, for the purpose of meeting the requirements of this section, shall mean the treatment of materials, trim, roofs or other architectural features which are considerably different than the elevations of any other house in the same subdivision as seen from the street upon which it faces. No two (2) identical elevations shall be placed side by side within a subdivision.

12. Agricultural Land Uses: Where portions of a proposed development share a common boundary with existing agricultural properties, the following concepts for transitions and buffers shall be incorporated into the development proposal where feasible:
(a) The incorporation of existing orchards, vineyards and groves into new development as landscaping, or as passive open space, is encouraged, however, the following provisions shall be met:

Ordinance No. 849-22
December 6, 2022

(1) All such trees located in a public right of way shall be approved for that purpose by the public works director.
(2) All trees within common areas shall be provided with the assurance of a continued maintenance mechanism, homeowners' association or a special landscape district. (Ord. 802-14, 2-4-2014)
6-4-6 PERSONAL USE OF CANNABIS AND CANNABIS PRODUCTS:
(A) Purpose: The purpose and intent of this section is to permit and regulate the personal use of cannabis and cannabis products in order to promote the health, safety, and general welfare of the residents within the City. Personal individual cannabis use shall comply with California Proposition 64, known as the Adult Use of Marijuana Act (AUMA), and subsequent Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) pursuant to California Health and Safety Code sections 11362.1 through 11362.45. (B) Authority: Authority of approval of personal use of cannabis and cannabis products shall be vested with the Planning Director and Chief of Police. (C) Application: An application for personal use of cannabis and cannabis products shall be filed with the Planning Department in a manner prescribed by the Planning Director. (D) Definitions: For purposes of this section, please refer to the definitions listed in subsection 6-12-32(B) of this title.
(E) Personal Use of Cannabis and Cannabis Products: To the extent that the following activities are permitted by State law, nothing in this section shall prohibit a person twenty-one (21) years of age or older from:

1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one (21) years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one (21) years of age or older, without compensation whatsoever, not more than eight grams (8g) of cannabis in the form of concentrated cannabis, including as contained in cannabis products;

3. Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code section 11362.3;

4. Engaging in the indoor cultivation of six (6) or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, and to the extent that the cultivation complies with subsection (F) of this section. (F) Indoor Cannabis Cultivation: Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a residence, in strict conformance with the following standards:

1. Only a person who is at least twenty-one (21) years of age or older may cultivate cannabis.

2. Cannabis cultivation is permitted only within a fully enclosed and secure structure(s).

Ordinance No. 849-22
December 6, 2022

3. The fully enclosed and secure structure(s) shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot (10') setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet (6') in height. This provision does not apply to cultivation occurring in a garage.

4. Cannabis cultivation areas shall not be accessible to persons under twenty-one (21) years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.

5. Cannabis cultivation shall be limited to six (6) plants total, regardless of how many persons over the age of twenty-one (21) reside at the private residence.

6. Cannabis cultivation shall only take place on impervious surfaces.

7. The use of gas products (CO2, butane, etc.) or CO2 and ozone generators for cannabis cultivation or processing is prohibited.

8. The use of cannabis extraction and concentration techniques, including but not limited to butane, CO2 or ethanol, to manufacture concentrated cannabis is strictly prohibited.

9. Cannabis cultivation shall not be visible from the public right-of-way or any privately owned place open to the public.

10. The private residence shall remain a residence, with legal functioning cooking, sleeping and sanitation facilities with proper ingress and egress. The foregoing rooms and areas shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing, or any other residential purpose for which the rooms, space or area was intended.

11. Any structure used for cultivation of cannabis shall not become a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or on a public right-of-way. No person shall cultivate cannabis in any manner that causes any of the following conditions: light, glare, heat, odor, noise, mold or vibration that is or whose effect is either detrimental to public health, safety, or welfare or that interferes with the reasonable enjoyment of life or property.

12. A portable fully functional fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the residence.

13. Cultivation of cannabis shall not displace required off street parking for the private residence.

14. All electrical equipment used in the cultivation of cannabis (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.

15. Prior to performing any work on electrical wiring in or upon the residence, including any modifications, repair or rewiring, the property owner shall first obtain a building permit, as required, from the Building Department.

16. Any renter or leasee of a residence shall secure and provide to the City a notarized written authorization from the property owner to cultivate cannabis on the premises.

Ordinance No. 849-22
December 6, 2022

(G) Enforcement: Any personal use of cannabis and cannabis products within the City in violation of this section, including any commercial cannabis activity in residential zone districts, is hereby declared to be unlawful and a public nuisance.

1. Any person who willfully or knowingly: a) engages in a violation of this section or b) owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this section is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this section.

2. Any violation of this section shall constitute a separate offense for each day the violation occurs or persists.

3. Any person in violation of any provision of this section or who causes another person to be in violation of this section shall have committed a misdemeanor. In addition, which shall be punishable by a fine of one thousand dollars ($1,000.00) for each violation and for each day the applicable violation continues to persist.

4. Any person in violation of any provision of this section shall be punishable by an administrative fine of one thousand dollars ($1,000.00) per offense. (Ord. 831-18, 3-20-2018) SECTION 27. The City Council approves the amendments and additions of Chapter 5, of Title 6 of the Taft Municipal Code, as follows:

CHAPTER 5

COMMERCIAL ZONE DISTRICTS
SECTION:
6-5-1: Purpose and Intent
6-5-2: Commercial Development Zone Districts
6-5-3: Use Regulations
6-5-4: Site Development Standards
6-5-5: Objective Design Standards
6-5-1: PURPOSE AND INTENT:
(A) The General Plan outlines goals, objectives and policies regarding the character and location of commercial uses and development within the City. It is the purpose of this chapter to provide regulations which implement those goals, objectives and policies, and which assure the availability of commercial uses within the City. Commercially zoned districts should be conveniently located, efficient, attractive and designed in a manner that ensures safe and convenient commercial activity in order to serve the retail and service commercial needs of City residents and businesses.
(B) It is the further intent of the regulations contained in this chapter to:

1. Provide appropriately located areas for retail stores, service establishments and commercial commodities and services required by residents of the City and the surrounding market area;
Ordinance No. 849-22
December 6, 2022

2. Encourage the concentration of commercial and office uses for the convenience of the public, and to secure mutually beneficial relationships to one another;

3. Provide adequate space to meet the needs of commercial development, including off street parking and loading areas;

4. Minimize traffic congestion and to avoid the overloading of utilities by regulating the construction of buildings to excessive size relative to the land uses in the City;

5. Protect commercial properties from noise, odor, smoke, unsightliness and other objectionable influences incidental to industrial uses; and

6. Promote high standards of site planning, architectural and landscape design for commercial developments within the City.

7. Encourage the expansion of well-designed mixed-use commercial/residential developments in appropriate locations.
(Ord. 805-14, 7-1-2014)
6-5-2: COMMERCIAL DEVELOPMENT ZONE DISTRICTS:
(A) Mixed Use (MU) Zone District: The Mixed Use Zone District is intended to provide maximum flexibility by allowing combinations of commercial and multiple-family residential uses on the same parcel of land.
(B) General Commercial (GC) Zone District: The primary purpose of the General Commercial Zone District is to provide sites for commercial uses that will serve a large segment of the population with a wide variety of retail, wholesale, service and office uses. 6-5-3: USE REGULATIONS:

Identified on table 5.A of this section are those land uses or activities that may be permitted in each commercial zone district, permitted subject to an approved conditional use permit or prohibited. This table also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in each commercial zone district.

TABLE 5.A

USES PERMITTED WITHIN COMMERCIAL ZONE DISTRICTS
To view Table 5.A Uses Permitted Within Commercial Zone Districts, click HERE Legend:

P = Permitted subject to consistency assessment
C = Permitted subject to approval of a conditional use permit application DP = Permitted subject to approval of a Director’s Permit application X = Not permitted in this district
Use MU GC
Accessory uses:

Accessory uses and structures located on the same site as a permitted use P P Accessory uses and structures located on the same site as a use permitted subject to a conditional use permit
C C
Ordinance No. 849-22
December 6, 2022

Commercial uses:

Adult entertainment X X
Agricultural X X
Ambulance service P DP
Antique shops P P
Apparel stores (sales) P P
Appliance stores and repair P P
Arcades DP DP
Art galleries, music, dance studios, photographic studios and supply stores P P Auction houses X C
Auto supply store P P
Automobile repair C DP
Automotive and light truck sales/service DP P
Automotive dealerships subject to section 6-12-10 of this title C P Automotive paint and body X DP
Automotive rental agencies (excluding outdoor storage) P P Automotive rental agencies (including outdoor storage) DP DP Automotive washing (self- or full service) X P
Bail bond services P P
Bakeries (retail) P P
Barber and beauty shops P P
Bicycle shops (nonmotorized) P P
Blueprint and photocopy services P P
Boat and RV (sales only) C P
Book, gifts and stationery stores P P
Building materials sales/home improvement (indoors) P P Building materials sales/outdoor storage (masonry, sand, gravel) C C Camera shops P P
Candle shops P P
Candy stores and confectioneries P P
Cannabis cultivation, indoor (licenses for medical or adult- use, specialty cottage, specialty, small, medium, nurseries, and processors)
X X
Cannabis cultivation, outdoor (licenses for medical or adult- use, specialty cottage, specialty, small, medium, nurseries, and processors)
X X
Cannabis distributors and distributor transport only (license types 11 and 13) X X Cannabis event organizers and temporary cannabis events (license type 14) X X Ordinance No. 849-22
December 6, 2022

Cannabis manufacturer (medical or adult-use, license type 6, type 7, type Ninfusions, and type P-packaging and labeling only)X X Cannabis microbusiness (license type 12) X X
Cannabis retail sales/dispensary (license type 10) X X
Cannabis retail sales, non-storefront (license type 9) X X Cannabis testing facility (license type 8) X X
Catering establishments P P
Cemetery (human) X X
Cleaning and pressing establishments P P
Clothing and costume rental P P
Cocktail lounge/bar, including upgrading an existing ABC license (e.g., beer and wine to a hard liquor license) (refer to section 6-12-5 of this title) C C
Commercial recreational facilities (indoor) P P
Commercial recreational facilities (outdoor) C C
Communication and telecommunication facilities (radio and television) C C Convenience store (including alcohol sales) C C
Convenience store (no alcohol sales) P P
Dairy products stores P P
Department stores P P
Drapery and decorating shops P P
Dress making shops P P
Drive-through businesses, including financial institutions, theaters, restaurants, and other similar businesses utilizing a drive-through lane subject to provisions of section 6-12-15 of this title
C C
Driving schools P P
Drugstore/pharmacy P P
With drive-through service (subject to provisions of section 6-12-15 of this title) C C Electronic coin operated games (commercial operated) 5 or more games (subject to section 6-12-9 of this title)
C C
Electronic coin operated games (commercial operated) less than 5 games P P Feed and tack stores P P
Fireworks stand, subject to the provisions of section 6-12-17 of this title P P Floor covering stores (may include incidental repair) P P Floral shops P P
Food stores and supermarkets P P
Furniture stores, repair and upholstery P P
Ordinance No. 849-22
December 6, 2022

General retail stores P P
Hardware stores (no outdoor storage) P P
Hardware stores (outdoor storage) C C
Health clubs, dance studios, martial arts, weight training and similar uses P P Hobby shops P P
Home improvement (indoor) P P
Home improvement (outdoor) C C
Hookah lounges X X
Hotels and motels P P
Insurance services P P
Internet cafe P P
Janitorial services and supplies P P
Jewelry stores P P
Kiosks (parking lot film processing and key shops) P P
Laundry pick up and delivery agencies and self-service laundries (includes diaper service)
P P
Liquor stores C C
Locksmith shops P P
Massage therapist (subject to provisions of title IV, chapter 20 of this Code) P P Meat markets P P
Medical marijuana dispensaries X X
Mini-storage C P
Miniature golf courses DP P
Mortgage services P P
Mortuaries C C
Motorcycle shops (sales and service) P P
Music stores P P
Newspaper and magazine stores P P
Nurseries and garden supply stores (provided all equipment and supplies are kept within a building or fenced enclosed area)
P P
Office and business machines stores (sales, service and repair) P P Paint and wall covering stores P P
Parking facilities (off site) DP DP
Pet shops P P
Plumbing shops and supplies P P
Political or philanthropic headquarters P P
Ordinance No. 849-22
December 6, 2022

Pottery sales P P
Printing and copy shops (other than newspaper) P P
Real estate services P P
Recycling facilities (subject to provisions of section 6-12-22 of this title):

Reverse vending machines P P
Small collection facilities X C
Large collection facilities X X
Restaurants:

With drive-through service (subject to provisions of section 6-12-15 of this title) P P With entertainment and/or serving alcoholic beverages, including upgrading an existing ABC license (refer to section 6-12-5 of this title) C C
Secondhand stores/pawnshops P P
Service stations (automotive, with alcoholic beverage sales) subject to sections 6- 12-5 and 6-12-25 of this title
C C
Service stations (automotive, without alcoholic beverage sales) subject to section 6-12-25 of this title
P P
Shoe stores (repairs) P P
Shopping centers X P
Sign painting shops within a completely enclosed building P P Smoking lounge, private (subject to provisions of section 6-12-30 of this title) C C Sporting goods store P P
Stamp and coin shops P P
Stationery stores P P
Statue shops P P
Surveying services P P
Swimming pool and spa (sales, service and supply) P P
Tailor shops P P
Tattoo parlor C C
Taxidermists (no processing) P P
Telegraph offices P P
Televisions (radio sales and repair) P P
Theaters, including both motion picture and live performing arts C C Tire sales and service C C
Tobacco shop (subject to provisions of section 6-12-30 of this title) C C Toy stores P P
Ordinance No. 849-22
December 6, 2022

Travel agencies P P
Truck storage yard when adjacent to Industrial Zone District X C Upholstering shops (indoor only) P P
Variety stores P P
Veterinary offices and animal hospitals, including exterior kennels, pens or runs X C Manufacturing uses:

Oil and gas exploration and production, subject to the provisions of chapter 10 of this title
C C
Office and related uses:

Administrative and executive offices P P
Artist and photographic studio, including sale of equipment or supplies P P Clerical and professional offices P P
Financial services and institutions P P
With drive-through services (subject to provisions of section 6-12-15 of this title) C C Medical, dental and related health services for humans, including clinics, laboratories and the sale of articles clearly incidental to services provided P P
Public and quasi-public uses:

Auditoriums C C
Churches, synagogues, mosques, temples C C
Clubs, lodges, fraternities and sororities DP DP
Communication and telecommunication facilities (not including radio and television)
C C
Convalescent homes, hospitals C C
Convention hall, trade show, exhibit building with incidental food services C C Dances, per title IV, chapter 6 of this Code C P
Day nurseries, nursery schools and childcare facilities per State law DP DP Educational institutions (including public or private vocational schools) DP DP Fire and police stations P P
Post offices P P
Public administration buildings and civic centers P P
Public libraries and museums P P
Public parks and recreation facilities (public or private) P P Public utilities and public service substations, reservoirs, pumping plants and similar installations, not including public utility offices, unless project otherwise entails a public hearing, then permitted
C C
Public utility services offices P P
Ordinance No. 849-22
December 6, 2022

Recreational vehicle parks C C
Residential care facility (per State law) DP DP
Transportation facilities C C
Residential uses:

Emergency shelters X X
Multi-family residential dwellings C X
Residence in conjunction with a business C X
Single-family residential dwellings X X
Supportive housing C X
Transitional housing C X
Temporary uses:

Temporary uses as prescribed in section 6-2-10 of this title, are permitted subject to issuance of a temporary use permit
P P
Other uses similar to, and no more objectionable than, the uses identified above, shall be reviewed per the process required by the similar use, as determined by the Planning Commission
(Ord. 831-18, 3-20-2018; amd. Ord. 833-18, 4-17-2018; Ord. 844-21, 11-16-2021) 6-5-4: SITE DEVELOPMENT STANDARDS:
(A) General Requirements: Table 5.B of this section describes the minimum site development standards applicable to proposed and existing development in all commercial zone districts. All commercial development shall conform to the standards established in this section.

1. A development or commercial center may, for purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria; provided, that the design for the entire site is integrated and unified.

2. In addition to the minimum standards established in table 5.B of this section, developments within the commercial zone districts shall also comply with the special requirements contained in subsection (B) of this section, chapter 13, "Performance Standards", of this title, other City regulations and ordinances, and the City General Plan.

TABLE 5.B

COMMERCIAL SITE DEVELOPMENT MINIMUM STANDARDS
Requirement MU GC
Minimum site area (square feet, net) 12,5001 6,500
Minimum site width, in feet 65 65
Minimum site depth, in feet 100 100
Front building setback, in feet 0 0
Side street building setback area, street sides, in feet 0 0 Ordinance No. 849-22
December 6, 2022

Rear setback 0 0
Maximum floor area ratio 0.85 0.50
Building height, in feet, maximum (may be exceeded with an approved conditional use permit)
45 45

(B) Special Requirements:

1. All uses in the commercial districts shall comply with the provisions of section 6-11-30, "Screening Requirements", of this title, and shall provide street side landscaping as required by the Planning Director.

2. Where off street parking areas in the General Commercial Zone Districts are situated in a visual corridor, as may be defined in a precise plan adopted by the City Council, screening, such as a landscaped earthen berm or decorative wall no less than two feet (2') in height, shall be erected between the street right-of-way and the parking area.

3. In all commercial zone districts, no external security bars shall be permitted on structures.

4. Parking for each use shall comply with the provisions of chapter 14 of this title. (C) Exceptions:

1. The creation of new lots within the commercial zone districts shall conform to the minimum allowable dimensions, except in the case of commercial condominium lots or lots within a shopping center, in which case no minimums are established, provided the commercial development is consistent with other requirements of this title and applicable City standards, regulations and ordinances.

2. Parcels created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, if a conceptual development plan for the entire center has been approved and if appropriate easements for reciprocal access parking and maintenance are provided.

3. When abutting a residentially zoned district, the front, side and rear yard setbacks of that residentially zoned district shall apply to the commercial development abutting that residentially zoned district.
(D) Vacant Building Registration: Vacant or abandoned residential and nonresidential 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.
(E) Fences And Walls: Walls, for the purpose of visual screening and sound attenuation, shall be required between nonresidential uses and any adjacent residential use or residentially zoned property, or where more sensitive adjacent land uses exist. Maximum height shall be six feet (6'), except within the required front yard or street side yard setback area where the maximum height shall be forty inches (40"). Fences and walls shall be in compliance with section 6-11-9 of this title.
(F) Residential Uses in Commercial Zone Districts:

Ordinance No. 849-22
December 6, 2022

1. Multi-family residential and mixed-use residential developments in the MU and DC Zone Districts are allowed a maximum residential density of twenty-nine dwelling units per acre (29 du/ac) consistent with the mixed use land use designation of the General Plan.

2. A residence, on the first or ground floor of a commercial unit, in conjunction with business is conditionally allowed when the property owner, business operator, and resident are the same person(s). In such cases, the residential and commercial uses shall comply with all requirements of the California Building Code. (Ord. 822-16, 9-20-2016)

3. Multi-family residential and mixed-use residential developments in the MU Zone District shall comply with the development standards outlined for the High Density Residential (R-3) Zone District in Chapter 4, Section 6-4-3 of this Title.

4. Any Multi-family residential and mixed-use residential developments within the Mixed Use zone district, as allowed by this Chapter, may be considered for Directors/Admin approval if they comply with all applicable development standards and the Residential Objective Design Standards found at Chapter 4, Section 6-4-5 of this Title. 6-5-5: Objective Design Standards
[A] Use Regulations: New developments that meet the underlying zone requirements shall incorporate the following standards into their design in order to be processed ministerially through an appropriate permit, unless a better alternative is found to the satisfaction of the planning director:

1. The design and layout of a proposed development shall be consistent with the general plan, the provisions of this title and any adopted architectural criteria for specialized areas, such as designated historic districts, theme areas, specific plans or planned developments.

2. New, renovated or remodeled developments shall demonstrate that the following general design criteria have been integrated into the design and layout of the proposed development:
(a) Establish an architectural and siting design theme that is compatible with surrounding existing and planned development that includes the following elements:
(1) A relationship to prominent design features existing in the immediate area (i.e., trees, landform, key elements of adjacent development, etc.);
(2) A relationship to existing structures and neighborhood character. This includes prohibiting any device being or resembling security bars, gates or other similar security devices from being placed over or on windows or doors on the exterior of any building, or the interior of any building if visible from a public street or public right of way; excepting doors and windows on the ground level portion of the rear of a building facing an alley; (3) A relationship to the natural environment (i.e., washes, native vegetation and community landscaping).
(b) Design the development to create pleasing transitions to and from surrounding development by incorporating the following elements:
(1) The bulk of new structures relates to the prevailing or planned scale of adjacent development;
Ordinance No. 849-22
December 6, 2022

(2) Setbacks from streets and adjacent properties relate to the scale of the structure and the function of the street and encourage pedestrian scale and uses; and (3) Tall structures are made less imposing by physically stepping them back from the street.
(c) Respect the identified views and view corridors of existing developments to the greatest extent possible. Where applicable, view corridors oriented toward such existing or proposed community amenities, such as parks, open space or natural features, are to be enhanced.
(d) Create subtle variations in architectural and landscape components that provide visual interest, but do not create abrupt changes or cause discord in the overall character of the neighborhood.
(e) Provide appropriate transitions between different projects by providing buffer areas, landscaping and other similar treatments (e.g., hedges, walls, fences, berms or landscaped open space).
(f) Provide a harmonious appearance of the development with the surrounding environment and existing developments based on the compatibility of individual structures rather than one specific style of architecture.
(g) Avoid uninterrupted fences and walls, unless they are needed for specific screening, safety or sound attenuation purpose. Where needed, fences or walls shall be required to:
(1) Relate to the site being developed as well as surrounding developments, open spaces, streets and pedestrian ways;
(2) Respect existing view corridors to the greatest extent possible; and (3) Incorporate landscape elements or changes in materials, color or texture in order to discourage graffiti, and prevent undue glare, heat, reflection or aesthetic inconsistencies. (h) Incorporate the following lighting concerns into development proposals:
(1) Lighting fixtures are to be attractively designed to complement the overall design theme of the project;
(2) Lighting shall create a festive atmosphere within commercial areas by outlining buildings, trees or other architectural features to encourage nighttime use of those areas by pedestrians; and
(3) On site lighting shall create a safe environment, adhering to established crime prevention standards, but shall not result in nuisance levels of light or glare on adjacent properties.
(i) Architectural plans for development shall be required to incorporate the following building elevation and screening criteria:
(1) All exterior wall elevations of buildings and screen walls shall have architectural treatments that enhance the appearance of the building or wall; (2) Compatible materials and consistent style shall be evident within a development in all exterior elevations; and
(3) Within multi-family, commercial, office and mixed-use business park developments, trash enclosures, loading areas, mechanical equipment and storage areas shall be screened from public streets, and from other public views, as appropriate.

Ordinance No. 849-22
December 6, 2022

SECTION 28. The City Council approves the amendments and additions of Section 6-11-24(G), of Title 6 of the Taft Municipal Code, as follows:
(G) Appeals:

1. A determination by the reviewing authority to approve, approve with modifications or deny a request for reasonable accommodation may be appealed, pursuant to section 6-2-20 of this title.

2. If an individual needs assistance in filing an appeal on the decision, the city shall provide assistance to ensure that the appeals process is accessible. (Ord. 823-16, 9-20-2016) SECTION 29. The City Council approves the amendments and additions of Sections 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.
(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.

Ordinance No. 849-22
December 6, 2022

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 single-family 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 ninetynine (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: ADUs shall provide a full bathroom and, at a minimum, an efficiency kitchen. A JADU may share a bathroom with the primary residence. (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. Should a property have both an ADU and JADU, the JADU or single-family residence must be owner-occupied. (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 or per unit, whichever is less.
(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.

Ordinance No. 849-22
December 6, 2022

(j) Fire Sprinklers: An ADU shall not be required to provide fire sprinklers if they were not required of the primary residence.
(k) Conversions: Conversions of accessory structures are not subject to any additional development standard, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes.

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.

3. Time Frames: An application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Ord. 825-17, 4-4-2017; amd. Ord. 832-18, 4-17-2018; Ord. 846-22, 3-15-2022)
SECTION 30. The City Council approves the amendments and additions of Section 6-14-2(A) and Table 14.A of Title 6 of the Taft Municipal Code, as follows:
6-14-2: GENERAL REGULATIONS:
(A) Applicability:

1. Specified: Any new building constructed, any new use established, any addition or enlargement of an existing structure or use, and any change in the occupancy of an existing building or the manner in which a use is conducted that would result in additional parking spaces being required, shall comply with the provisions of this chapter.

2. Additions, Enlargements Or Changes: In the case of additions or enlargements of an existing building or use, or a change of occupancy or manner of operation that would result in additional parking spaces being required, the additional parking spaces shall be required only Ordinance No. 849-22
December 6, 2022

for such addition, enlargement or change, and not for the entire building for use, unless a specific finding is made by the planning director that additional parking for the entire building or use is necessary to protect public health, safety and welfare.

3. Parking standards for the Downtown Taft Specific Plan zone district are contained within Table 3.3, Section 3.7 of the Downtown Taft Specific Plan, and prevail over the standards contained in this chapter. Where a use is not identified in that table, the standards contained in this chapter will then be applicable.

TABLE 14.A

OFF STREET AUTOMOBILE PARKING SPACE REQUIREMENTS
Use Minimum Off Street
Parking Requirements
Notes
Commercial uses:

Freestanding
commercial and
service uses:

Automobile repair
and services
1 space per 500
square feet of gross
floor area, plus 1.5
spaces per service bay
No required off street
parking space shall be
used for sale, service,
rental or repair of
vehicles
Automobile sales 1 space per 350
square feet of interior
office area, plus 2
spaces per service bay
No required off street
parking space shall be
used for repair of
vehicles
Automobile service
station
2 spaces, plus 2 spaces
per service bay
If a minimart is
developed as part of
the service station,
additional parking at
a rate of 1 space per
200 square feet of
retail area shall be
provided
Automobile washing
(self- service)
1 space per 2 washing
stalls
Bank, savings and
loan
1 space per 300
square feet of gross
floor area
Special design
requirements shall
apply for drive-
Ordinance No. 849-22
December 6, 2022

through facilities (see
chapter 12, "Specific
Use Development
Standards", of this
title)
Barbershop, beauty
parlor
2 spaces per barber
chair or beautician
station
Bed and breakfast
inns
Required spaces for
existing residential
units and 1 space per
each guestroom
All spaces for guest
parking shall be 9 feet
wide by 19 feet long.

Neither on street nor
tandem parking shall
be allowed to satisfy
the parking
requirements
Business and personal
services
1 space per 300
square feet of gross
floor area
Eating and drinking
facility with or
without drive-in or
take out facilities
1 space per 100
square feet of gross
dining area, inside and
outside
Special design
requirements shall
apply for drivethrough facilities (see
chapter 12, "Specific
Use Development
Standards", of this
title)
Mortuaries 1 space per each 5
seats, plus funeral
procession of queue
capacity for 5 cars
Offices:

Administrative,
business, professional
1 space per 300 gross
square feet of floor
area
Government 1 space per 300 gross
square feet of floor
area
Retail, furniture,
major appliances
1 space per 500 gross
square feet of floor
Ordinance No. 849-22
December 6, 2022

area
Retail, general (i.e.,
department stores,
markets, specialty,
etc.)
1 space per 300 gross
square feet of floor
area
Neighborhood,
community and
convenience
shopping centers
greater than 20,000
square feet of total
gross leasable area
1 space per 300
square feet of gross
floor area for the total
gross leasable area up
to 100,000 square feet
1 space per 450
square feet for the
total gross leasable
area greater than
100,000 square feet
Alternative parking
requirements for
specialty commercial
centers may be
established by the
planning director
based upon a parking
study submitted by or
required of the
applicant (see
subsection (G)2 of
this section)
Educational services:

Business and trade
schools
1 space per each 5
person capacity, or 1
space per 300 gross
square feet of floor
area, whichever is
greater
Colleges 10 spaces, plus 30
spaces per classroom
Elementary, junior
high schools
2 spaces per
classroom
Senior high schools 10 spaces, plus 10
spaces per classroom
Entertainment and
recreation uses:

Arcades, games 1 space per 150 gross
square feet of floor
area
Auditoriums, places
of public assembly
1 space per 5 seats or
1 space per 100 gross
square feet where
Ordinance No. 849-22
December 6, 2022

there are no fixed
seats
Bowling alleys, billiard
halls
5 spaces per alley, plus
2 spaces per billiard
table, plus required
parking for other on
site uses
Commercial stables 1 space per 5 horses
capacity for boarding
on site
Golf course
(executive and
regulation)
4 spaces per hole, plus
required parking for
other on site uses
Golf driving range 1 space per tee, plus
required parking for
other on site uses
Golf, miniature 3 spaces per hole, plus
required parking for
other on site uses
Health club/centers 1 space per 100
square feet floor area
Alternative parking
requirements may be
established by the
planning agency
based upon a parking
study submitted by or
required of such a
facility (see
subsection (G)2 of
this section)
Parks, public and
private (over 10 acres
in size):

To be determined for
the proposed use
based upon the
parking study findings
Applicant must
submit a parking
study (see subsection
(G)2 of this section)
Community park A minimum of 5
spaces per acre, plus
additional spaces for
spectator seating at
athletic fields,
community centers
and pools
Ordinance No. 849-22
December 6, 2022

Neighborhood parks A minimum of 5
spaces for the first 2
acres, plus 1 space for
each additional acre
Skating rinks 1 space per 100
square feet of gross
floor area
Tennis, handball,
racquetball facilities
3 spaces per court,
plus required parking
for on site uses
Theaters, movie 5 spaces, plus 1 space
per 3 fixed seats
Industrial uses:

Manufacturing 1 space per 500 gross
square feet of floor
area devoted to
manufacturing, plus
the required amount
of parking for gross
square footage
devoted to other uses
Research and
development
1 space per 300 gross
square feet of floor
area
Warehouse and
distribution
1 space per 1,000
gross square feet of
floor area devoted to
warehousing, plus the
required amount of
parking for gross
square footage
devoted to other uses
Medical and health
services:

Convalescent and
nursing homes
1 space per 3 beds
Hospitals 1 space per 1.5 beds
Medical and dental
offices and clinics,
veterinary clinics and
offices, emergency
1 space per 300 gross
square feet of floor
area
Ordinance No. 849-22
December 6, 2022

rooms
Public and quasipublic uses:

Daycare, preschools,
nursery schools,
family daycare,
residential care
homes:

Parking requirements
are based upon
maximum capacity of
the proposed facility
Daycare centers 1 space per employee,
plus 1 space per 5
children
Family daycare
homes
2 spaces per dwelling
unit in addition to
residential
requirement
Residential care
homes
2 spaces per dwelling
unit in addition to
residential
requirements
Libraries, museums,
galleries
1 space per 400
square feet of gross
floor area
Places of worship 1 space per 100
square feet of floor
area of main
assembly/auditorium
area, plus
requirement for office
space, if applicable,
plus requirement for
school uses, if
applicable
Public utilities To be determined by
the Planning Director
for proposed use
Parking requirements
are based upon
capacity of the
proposed facility
Applicant shall submit
a parking study (see
subsection (G)2 of
this section)
Residential uses:

Ordinance No. 849-22
December 6, 2022

Mobile home parks
and subdivisions:

Resident parking 2 spaces per unit Tandem spaces may
be permitted to meet
parking requirements
for a mobilehome
park
Guest parking 1 space per 5 units
Model home
complexes
2 spaces per model
home, plus 1 space
per 300 square feet of
office area
On street parking
adjacent to the model
homes may be
counted toward the
parking requirement
if it is found that such
parking will not
impact other
residential parking
and will not obstruct
traffic flow
Multi-family
dwellings:

Residential parking Studio: 1 space per
unit
1 bedroom: 1 space
per unit
2 or more bedrooms:
2 spaces per unit
All spaces shall be
located within 150
feet of the unit being
served
The parking
requirement shall be
reduced to 1 space
per unit pursuant to a
density bonus
granted for a
qualifying residents
project in accordance
with the provisions of
section 6-11-8 of this
title
Guest parking 0.25 space per unit for
11 or more units; no
guest parking for 10 or
Ordinance No. 849-22
December 6, 2022

less units
Senior housing;
congregate care:

Resident parking 0.5 space per unit or
as determined by the
planning agency
Applicant shall submit
a parking study
pursuant to the
requirements of
subsection (G)2 of
this section
For multiple-family
units, the parking
shall be within 150
feet of the dwelling it
is serving
Guest parking 0.25 space per unit
Senior housing;
independent living:

Resident parking 1 space per unit Spaces may be
covered, and may be
either a carport or
garage
Guest parking 0.25 space per unit Guest spaces may be
uncovered
Single-family dwelling 2 spaces per unit May be located within a garage or
covered carport, with
the structures not
located within the
required front
setback
SECTION 31. The City Council approves the relocation of Table 14.C to Section 6-14-4, of Title 6 of the Taft Municipal Code, as follows:
6-14-4: SCHEDULE OF OFF-STREET LOADING REQUIREMENTS:
(A) Design Standards: Loading space design standards are provided in section 6-14-6 of this chapter.
(B) Specified In Table 14.C: Minimum off street loading space requirements for uses within the city are specified in section 6-14-5, table 14.C of this chapter. (Ord. 768-08, 8-19-2008) Ordinance No. 849-22
December 6, 2022

TABLE 14.C

OFF STREET LOADING REQUIREMENTS
Type Of Use Size Space Required
Commercial uses:

Automotive uses 0 - 29,999 sq. ft.
30,000 - 69,999 sq. ft.
70,000 - 120,000 sq. ft.

For each additional 50,000
gross square feet over
120,000
1 2
3 1
General retail and business
services, eating and drinking
facilities
0 - 4,999 sq. ft.
5,000 - 29,000 sq. ft.
30,000 - 69,999 sq. ft.
70,000 - 120,000 sq. ft.

For each additional 50,000 sq.
ft. over 120,000 sq. ft.
1 2
3 4
1 Hotel, motel 0 - 9,999 sq. ft.
10,000 - 99,999 sq. ft.
100,000 - 199,999 sq. ft.

Over 200,000 sq. ft.
0 1
2 3
Offices: administrative,
business, professional,
medical, veterinary
0 - 9,999 sq. ft.
10,000 - 99,999 sq. ft.
100,000 - 199,999 sq. ft.

Over 200,000 sq. ft.
0 1
2 3
Industrial uses:

Manufacturing, warehouse
and distribution
0 - 29,999 sq. ft.
30,000 - 69,999 sq. ft.
70,000 - 120,000 sq. ft.

For each additional 50,000
gross square feet over
120,000
1 2
3 1
Research and development 0 - 9,999 sq. ft.
10,000 - 99,999 sq. ft.
100,000 - 199,999 sq. ft.

Over 200,000 sq. ft.
1 2
3 4
Medical and health services:

Convalescent and nursing
homes
2 Hospitals 0 - 9,999 sq. ft. 1
Ordinance No. 849-22
December 6, 2022

10,000 - 99,999 sq. ft.
100,000 - 199,999 sq. ft.

Over 200,000 sq. ft.
2 3
4 Medical, dental offices and
clinics; veterinary hospitals
and clinics
0 - 9,999 sq. ft.
10,000 - 99,999 sq. ft.
100,000 - 199,999 sq. ft.

Over 200,000 sq. ft.
0 1
2 3
Residential uses:

Mobilehome parks and
subdivisions
None
Senior housing (where meals
are provided in common
dining facilities)
2 Single-family detached, singlefamily attached, multiplefamily, model home complexes
None
SECTION 32. The following deletions of Section 6-14-5(A) and Table 14.C, of Title 6 of the Taft Municipal Code, shall be recommended to the City Council of the City of Taft as follows:
6-14-5: ADJUSTMENTS TO OFF STREET PARKING REQUIREMENTS:

SECTION 33. 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.

SECTION 34. 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 4. 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.

Ordinance No. 849-22
December 6, 2022

PASSED AND ADOPTED on this 6th day of December, 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 November 15, 2022, and had its second reading on December 6, 2022, and was passed by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: December 6, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

APPROVAL OF MEMORADUM OF AGREEMENT AND EMPLOYEE COMPENSATION PLAN SUMMARY STATEMENT:

In 2022, all City of Taft Employee Agreements were extended by one (1) additional year with no changes to salary or benefits. The City of Taft has met and conferred in good faith with each of the Bargaining Units representing City Employees. It is recommended to approve the Memorandum of Agreements between the City of Taft and the following Employee Associations and Group:

Service Employees International Union (SEIU Local 521)
This action extends each agreement by one (1) additional year (through June 30, 2024) and provides for a one-time lump sum payment on a graduated scale based on years of service completed as of December 1, 2022.

RECOMMENDED ACTION
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING THE MEMORANDUM OF AGREEMENT AND EMPLOYEE COMPENSATION PLAN FOR SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU LOCAL 521)
IMPACT ON BUDGET (Y/N): Yes – One-time costs of approximately $30,000. This action does not result in additional costs over time.

ATTACHMENT (Y/N): Resolution and Agreement
PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING THE

MEMORANDUM OF AGREEMENT AND EMPLOYEE COMPENSATION PLAN FOR SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU LOCAL 521)
WHEREAS, pursuant to Section 1-10-5, Taft Municipal Code, the City Council may adopt rules and regulations for the administration of the personnel system, including establishing position classifications and range changes; and
WHEREAS, the City Council wishes to amend the Position Classification Plan and establish corresponding compensation rules pursuant thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the following is approved:

Memorandum of Agreement between the City of Taft and the Service Employees International Union (SEIU Local 521)
PASSED, APPROVED AND ADOPTED this 6th day of December, 2022 _____________________________
Dave Noerr, Mayor
ATTEST:
________________________________
Darnell Porter, CMC
Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy 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 this 6th day of December, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Darnell Porter, CMC
Deputy City Clerk
1 MEMORANDUM OF AGREEMENT

CITY OF TAFT
AND
SEIU LOCAL 521 (UNIT C)
Article 1 - Introduction
This Agreement, made and entered into at Taft, California by and between the City of Taft and the Service Employees International Union (SEIU) Local 521, is intended to define wages, hours and working conditions of those employees of the City of Taft designated as Unit C and represented by the Service Employees International Union in accordance with provisions of the MeyersMilias-Brown Act of the State of California and the Personnel Policies and Procedures of the City of Taft.

Article 2 - City Council Ratification
It is agreed that this Agreement is of no force or effect until ratified and approved by resolution duly adopted by the City Council of the City of Taft.

Article 3 - Membership Ratification
It is agreed that this Agreement is of no force or effect until ratified and approved by the Association and such ratification is certified and submitted to the City Clerk of the City of Taft.

Article 4 - Recognition
The City of Taft does hereby recognize the Service Employees International Union as the recognized representative of those employees of the City of Taft designated as Unit C (General Employees) by the Municipal Employee Relations Officer of the City of Taft. Said Unit shall consist of all permanent and probationary employees in the following Classifications:

Office Assistant
Office Assistant II
Account Clerk I
Account Clerk II
Animal Shelter Technician
Code Enforcement Specialist
Community Services Officer
Landscape Leadperson
Maintenance Worker
Mechanic
Equipment Operator/Maintenance Worker I/II
Maintenance Leadperson
Transit Dispatcher
Transit Operator
Janitor/Maintenance Aide
Terms of this Agreement shall not be applicable to temporary employees of the City of Taft. The City of Taft agrees that any newly created positions shall be assigned to this unit excepting Management/Supervisory/Confidential positions and Public Safety Officers 2 Article 5 - Scope of Representation
The Association's scope of representation shall include all matters pertaining to wages, hours and other terms and conditions of employment.

Article 6 - Management Rights
In accordance with existing policies and procedures and applicable resolutions and codes of the City of Taft and except as otherwise specifically provided in this Agreement or in subsequent ones, the City of Taft has and retains the sole and exclusive rights and functions of management of the City.

Article 7 - Association Membership
The Association shall have the sole and exclusive right to have membership dues payroll deducted for members covered by this Agreement, upon appropriate written authorization from such employee. Remittance shall be made by the City to the Association within fifteen (15) days of the deduction of such sums. The City shall deduct, upon receipt of a duly executed form, properly signed by a member of the bargaining unit, dues to the Association.

The Association shall advise the City, in writing, of the dues amount to be deducted for each member. Any change in dues will be submitted to the City, in writing, thirty (30) days prior to the effective date of such change.

The City shall, as soon as possible, notify the Association Executive Director if any member of the bargaining unit revokes a dues/fees authorization.

The Association agrees to provide the City with written notice of its address of record; to indemnify and hold harmless against any claims made and any suit initiated against the City on account of Association deductions; and to refund to the City of Taft any amount paid to the Association in error upon presentation of supporting evidence.

Article 8 - Association Rights
Association representatives employed by the City of Taft shall be entitled to devote a reasonable amount of time to Association business without loss of pay. For the purposes of this Article, however, a reasonable amount of time shall not exceed (1) one hour during any seven consecutive day work cycle provided, however, that the one (1) hour time limit shall not apply to hours spent negotiating an MOU and/or reopeners during interim years of the agreement. Provisions of this Article shall be applicable to four (4) representatives of the bargaining unit, said representatives to be designated by the Association in writing.

Association representatives leaving an assigned work station to conduct Association business may do so only with permission of their immediate supervisor, which permission shall not be unreasonably denied. The Association shall have the following rights in addition to the rights contained in any other portion of this agreement:

A. The right to access at reasonable times areas in which the employees work. 3 B. The right to review a represented employees' personnel, payroll or other benefit files when accompanied by the employee or on presentation of a written authorization signed and dated by the employee.

C. A bulletin board (approximately six square feet) will be provided at each worksite upon which the Association may post only notices of recreational and social affairs, notices of meetings or elections and appointments and results of elections. The posting of any other classes of notices or the distribution of any written or printed notices, cards, pamphlets or literature of any kind at City work stations or premises is prohibited without the prior permission of the City Manager or a designated representative, with the understanding that such permission shall not unreasonably be withheld.

D. The City agrees that the Association may use employee mail boxes at the worksite to distribute Association communications, subject to provisions of Section C above.

Article 9 - Seniority/Layoff
Refer to Personnel Policies and Procedures Manual, Section 116.

For purposes of layoff, Seniority shall be defined as the first day of service in the classification.

Bumping procedure would be provided for employees who have served in lesser positions in the City of Taft. SEIU would be provided with at least 45 calendar days advance notification of the "effective date of layoff” affecting Unit C members.

Article 10 - Hours of Work
Employees of the City of Taft shall be required to work five eight-hour days, or such other work schedules as may be determined by management to be in the best interest of the City, during each seven consecutive day work period. The work period shall start at 12.01 a.m. each Sunday and shall continue for 168 consecutive hours thereafter.

The City of Taft retains the right to schedule overtime hours at its discretion and agrees to compensate employees for overtime hours worked in accordance with the Fair Labor Standards Act of 1938 and its subsequent amendments and with provisions of this Agreement. Vacation and holiday time off shall be considered as time worked for the purpose of computing overtime. In lieu of cash payment, upon request of the employee and approval of the appointing authority, an employee may accrue compensating time off at time and one-half. Cash payment at one and onehalf times employee's base hourly salary shall automatically be paid for any compensating time which exceeds 60 hours, for any time which remains on the books at the close of the fiscal year (June 30), or for any hours on record immediately prior to promotion, demotion or termination of employment.

Article 11 - Work Schedules
No work schedule shall be changed for the purpose of avoiding overtime; however, when it becomes necessary to change work schedules, employees shall be notified at least fourteen (14) calendar days in advance of said schedule change, except under declared emergency conditions when the work schedule may be changed without such notice.

Article 12 - Rest Periods
4 Each employee shall be granted a rest period of fifteen minutes once during each four-hour period.

Rest periods shall be scheduled at the discretion of the employee's immediate supervisor in accordance with departmental workload and shall be taken in an area approved by the City of Taft.

Article 13 - Meal Periods
Each employee shall be granted an uninterrupted meal period of either 30 or 60 minutes away from his/her work station depending on departmental custom. Each meal period shall be scheduled by the employee's immediate supervisor. Should an employee wish to leave the premises or job site during the meal period, such employee shall be required to notify his immediate supervisor of his/her departure.

Article 14 - Employee Discipline
The City of Taft may initiate appropriate corrective action for cause. Corrective action may consist of warnings, reprimands, disciplinary suspension or discharge and shall be applied only after full consideration of the seriousness of the offense.

All corrective suspensions and discharges administered under this provision shall be subject to appeal in accordance with the grievance and arbitration procedure contained in this Agreement.

Prior to commencement of any disciplinary meetings or administrative investigations, all employees shall be notified of their right to have a Union representative present with them during the disciplinary or administrative process
Article 15 - Grievance Procedure
A. OBJECTIVES
To informally settle disagreements at the employee-supervisor level; To provide, if necessary, an orderly procedure to handle the grievance through each level of Supervision; To correct, if possible, the cause of the grievance to prevent future complaints; To promote harmonious relations among employees and their supervisors; To assure fair and equitable treatment of all employees; To resolve grievances at the departmental level before appeal to higher levels.

B. DEFINITIONS
The following terms, as used in the Article, shall have the following meaning:

1. Grievance: A complaint by a non-probationary employee, alleging a violation of the discipline.

2. Day: Calendar day, exclusive of Saturday, Sunday and City holidays.

3. Employee: Any non-probationary employee of the City of Taft.

4. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee.

5. Superior: The person to whom an immediate supervisor reports.

6. Representative: A person who appears on behalf of the employee.

7. Department Head/Appointing Authority: The officer or employee having charge of the administration of a department of the City of Taft.

C. TIME LIMITS
Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review within 5 the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure.

D. THE PARTIES RIGHTS AND RESTRICTIONS

1. An employee may have a representative present at all steps of the grievance procedure.

2. Reasonable time in processing a grievance will be allowed during regular working hours.

3. Only a person selected by the employee from within, a recognized employee organization (union steward or union representative), and made known to management prior to a scheduled grievance meeting, shall have the right to represent or advocate as an employee's representative.

4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City.

5. Grievances of an identical nature concerning the same subject matter, may be consolidated.

E. INFORMAL GRIEVANCE DISPOSITION
Within twenty (20) days from the occurrence of the issue that gave rise to the complaint, or within twenty (20) days from the employee's knowledge of the occurrence, an employee will promptly and informally meet to discuss the complaint with his immediate supervisor. In those circumstances where the nature of the complaint involves the immediate supervisor, the employee may informally discuss the complaint with the next higher level of supervision provided prior notification is given the immediate supervisor by the employee. Such initial discussion shall precede the use of the formal grievance procedure. If the supervisor fails to reply to the employee within five (5) days of the meeting, either verbally or in writing, or if the employee is not satisfied with the decision, the employee may utilize the formal grievance procedure.

F. FORMAL GRIEVANCE PROCEDURE
Step 1. The grievance form and any supporting documents shall be delivered to the supervisor with whom the informal meeting was held, no later than five (5) days from receipt of the supervisor's informal response or within ten (10) days from the close of the informal meeting if no decision is rendered. The formal grievance procedure shall be initiated by the employee, stating the nature of the grievance, the alleged violation by section or number, if any, and the desired solution, in writing on the grievance form, together with any supporting documents attached to the grievance form.

The supervisor shall hold a formal meeting with the employee within five (5) days of the receipt of the formal grievance to review the facts, gather all supporting documents, discuss the complaint and desired solution, and discuss the proper appeal procedure. The supervisor will issue a written decision on the grievance within five (5) days of the close of the formal meeting.

If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to the next higher level of supervision. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal and made known to both parties. The person occupying the next higher level of supervision (identified by the department), together with the department head, shall hold a formal meeting with the employee and his representative, if 6 requested, within ten (10) days from the date of the appeal receipt, and attempt to settle the grievance.

A decision shall be made in writing on the original grievance to the employee by the department head within ten (10) days from the close of the formal meeting. If the employee is not satisfied with the decision of the department head, he may appeal the decision to the City Manager within five (5) days from receipt of the department head's decision.

The City Manager will review the original grievance, all supporting documents, the department head's response, the remedy requested, and issue a written decision within fifteen (15) days of receipt of the grievance. If the employee is not satisfied with the decision of the City Manager, the employee may submit he grievance to arbitration by written request to the City Manager within five (5) days. Within' five (5) days of receipt of the grievant's request, the City Manager shall set a date for a meeting to:
1) Attempt to settle the grievance.
2) Agree to any stipulations.
3) Agree upon the issue statement.
4) Select an impartial arbitrator.

G. SELECTION OF THE ARBITRATOR
If the parties fail to agree on an arbitrator, a list of five (5) neutrals will be jointly requested from either the Federal Mediation Service, the State Mediation and Conciliation Service, or the American Arbitrator's Association. The agency will be mutually selected. The parties shall select a neutral by alternatively striking a name from the list with the remaining name being the selected neutral. Should both parties agree that the first list submitted is unsatisfactory, the parties may request a second list.

The arbitration procedure will be informal and private. The arbitration procedure shall not be bound by any of the rules of evidence governing trial procedure in State courts. The arbitrator will not have the power to add to, subtract from, or otherwise modify the provisions of any MOU, Rules, Regulations, or Ordinances of the City of Taft. The arbitrator will confine himself or herself to the issue submitted.

The arbitrator's decision will be advisory to the City Council. The Arbitrator's decision shall be final if not overturned within thirty (30) days by the City Council. The cost of the arbitrator shall be borne equally between the City and the grievant. Any costs associated with witness fees, transcriptions, or special counsel shall be borne by the requesting party. The arbitrator shall be requested to submit his or her decision within thirty (30) days from the close of the hearing.

It is understood that the Grievance and Arbitration Procedure as outlined above will be incorporated in the City of Taft Personnel Rules and Regulations, and supersedes the existing language in the Rules and Regulations.

Article 16 - Holidays
Full-time employees of the City of Taft shall be entitled to receive all paid holidays observed by the City during the calendar year. Part-time employees shall receive pro-rata pay for any holiday observed by the City which falls on the employee's regularly scheduled work day. 7 Holidays observed by the City shall include:

New Year's Day January 1
Lincoln's Birthday February 12
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year's Eve December 31
Holidays occurring on Saturday shall be observed on the Friday immediately preceding the holiday; those occurring on Sunday shall be observed on the following Monday (with the exception of the Eves which will be observed as noted below).

When Christmas or New Year’s falls on Sunday or Monday, the Eves will be celebrated on the preceding Friday. When Christmas or New Year’s falls on Saturday, the Eves will be celebrated on Thursday.

One (1) Floating Holiday shall be available. The Floating Holiday would be taken on an individual employee basis and would be scheduled with the approval of the Department Head and could not accumulate from year to year.

Article 17 - Vacation
Full-time and eligible part-time employees of the City of Taft shall be entitled to paid annual vacation based upon length of credited service with the City. Vacation shall be accrued in the year immediately following an individual's date of employment and shall become due on the employee's first year of service anniversary and on each service anniversary thereafter provided such anniversary marks a year of continuous credited service.

Employees may use vacation entitlement as it is earned provided that only the amount of vacation entitlement accrued, prior to the time vacation is scheduled, is approved and granted. Vacation schedules shall be subject to approval by the department head.

Vacation Accrual:

Permanent full-time employees shall accrue vacation benefits at the rate of 3.0769 hours per payroll period, or 80 hours per year during the first four years continuous service. (10 days) Permanent full-time employees shall accrue vacation benefits at the rate of 4.615 hours per payroll period, or 120 hours per year starting at the beginning of the fifth year of service through the ninth year of continuous service. (15 days)
Permanent full-time employees shall accrue vacation benefits at the rate of 6.1538 hours per payroll period, or 160 hours per year starting at the beginning of the tenth year of service through the nineteenth year of continuous service. (20 days)
8 Permanent full-time employees shall accrue vacation benefits at the rate of 7.69 hours per payroll period, or 200 hours per year starting at the beginning of the twentieth year of continuous service. (25 days)
Vacation accrual shall be limited to an amount equal to twice the employee's annual vacation benefit as noted above after which further accrual will cease.

The City Council of the City of Taft does hereby reserve the right to pay an employee for vacation accruals in excess of the maximum accrual defined herein when, for the convenience of the City and in the determination of the City Council, the employee cannot reasonably be granted time away from the normal work assignment.

Vacation Scheduling and Payment:

Vacations shall be scheduled by the employee's immediate supervisor in a manner which will insure adequate departmental staffing at all times.

Should employee vacation requests conflict with staffing requirements, supervisors shall arrange a mutually acceptable vacation schedule based on length of employee service and the order in which employee vacation requests were submitted. Vacation schedules shall be subject to approval of the department head. Should a City approved holiday fall during an employee's scheduled vacation, the vacation period should be increased proportionately. If not taken during the scheduled vacation, the proportionate increase shall be granted at a time approved by the employee's immediate supervisor.

Vacation pay shall be computed on an employee's base salary exclusive of premium payments.

Employees leaving the active payroll will be paid for unused vacation accrued during their tenure with the City of Taft.

Accrued vacation benefits shall be paid to the heirs or to the estate of an employee whose death occurs while actively employed by the City of Taft.

Part-time Employees:

Permanent part-time employees of the City of Taft hired to work less than forty (40) hours per week but twenty (20) hours or more per week shall accrue vacation benefits on a pro-rata basis.

Temporary and permanent part-time employees hired to work less than twenty (20) hour per week shall not be eligible for vacation benefits.

Article 18 - Sick Leave
Full-time and eligible part-time employees of the City of Taft, including employees in the probationary period, shall be entitled to annual sick leave with pay. Sick leave shall not be considered a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity.

Sick leave with pay shall begin accruing immediately following an individual's date of employment and may be taken at any time thereafter. In no event, however, shall an employee be entitled to receive sick leave with pay in excess of the number of sick leave hours accrued at the time of illness. Employees who have exhausted sick leave accrual and who are unable to work due to illness or injury will be placed in a vacation status for the duration of the employee accrued 9 vacation benefit, if any. Employees taken ill during a scheduled vacation period shall not be permitted to reschedule vacation to utilize accumulated sick leave without approval of the City Manager. Approval, however, may be granted only when the employee presents a doctor's certification verifying an illness or injury or for reasons of acute bereavement supported by written evidence.

The City of Taft suggests that employees use accumulated sick leave in a judicious manner so that they will be entitled to sick leave with pay in the event of major illness. Employees abusing the sick leave benefit shall be subject to disciplinary action.

Sick Leave Accrual:

Full-time employees assigned to a regular eight (8) hour duty shift shall accrue sick leave at the rate of 3.6923 hours per payroll period or one (1) working day for each full month of employment.

Sick leave credit may be accumulated to a maximum of 720 hours, at which time further accrual will cease.

Sick leave accrual in excess of the maximum accrual at the signing of this agreement, shall be treated in the following manner: Hours in excess of the maximum 720 hour accrual shall be converted to a dollar amount at the employee’s current base hourly rate and placed in a bank in the employee’s name. If the employee has a major illness that requires the employee to utilize all of his/her sick leave accrual, that employee will be allowed to utilize his/her bank. At the time of use, the bank will be converted back to hours at the employee’s current hourly rate. Upon retirement, the bank will be converted to hours at the employee’s current hourly rate and reported to PERS as additional service credit.

Permanent part-time employees of the City of Taft hired to work less than forty (40) hours per week, but twenty (20) hours or more per week, shall accrue sick leave benefits on a pro-rata basis.

Temporary employees and permanent part-time employees hired to work less than twenty (20) hours per week shall not be eligible for sick leave benefits other than those required in accordance with the Healthy Workplace Healthy Family Act of 2014 (AB 1522). Sick leave accruals shall be credited only at the conclusion of each payroll period.

Employees may use sick leave accruals for a personal illness or injury which incapacitates the employee for duty.

An employee who is personally undergoing medical, dental, or optical treatment or examination may use sick leave accruals for required time away from work provided such treatment is not the result of an occupationally related illness or injury. Employees compelled to be absent for reason of severe illness or injury of an immediate family member, may use sick leave accruals. For this purpose, however, immediate family is defined as spouse, parent, or dependent children residing with the employee.

An employee may utilize sick leave time to care for individuals outside of the immediate family subject to prior approval of the City Manager. An employee quarantined by appropriate authority may use sick leave accrual for the duration of the quarantine period. 10 Sick leave accruals may be used when an employee is required to care for or attend an immediate family member suffering from contagious disease or when the presence of an employee at his work station would jeopardize the health of others due to exposure to a contagious disease.

Requesting Sick Leave:

Employees who are absent in accordance with the sick leave policy shall notify their immediate supervisor of such absence no later than one hour following the beginning of their regularly assigned shift. Departmental policy may be more restrictive. In the event sick leave exceeds one regularly scheduled work day, the employee shall advise his immediate supervisor of the anticipated date of return.

An employee who is on sick leave for three (3) days or more may be required to obtain a doctor's work release which shall be presented to his/her supervisor upon return to work. An employee's immediate supervisor may place the employee in a sick leave status if, in the opinion of the supervisor, the employee's continued presence at the work station would jeopardize the health, safety or welfare of the employee, other employees, or the City of Taft and its citizens.

Return from Sick Leave:

The City of Taft may require an employee who has been on sick leave to satisfactorily complete a physical examination by a City retained physician at the City's expense. Refusal to comply shall constitute sufficient cause for waiver of sick leave, suspension, demotion, or dismissal of the employee from City service. Employees who have been on sick leave may be required to satisfactorily complete a physical examination administered by the City retained physician if the employee's immediate supervisor believes the City is being exposed to workers' compensation liability, that the health, safety and welfare of the employee or of the City and its employees are being· jeopardized, or that the employee is abusing the sick leave benefit.

Occupational Illness or Injury:

The California Workers' Compensation law is designed to compensate employees for lost time occurring as a result of occupationally related illness or injury. In such cases, the law requires a three calendar day waiting period before benefits become payable. It is the policy of the City of Taft to permit use of sick leave accruals during any period of industrial disability unless otherwise prohibited by this Memorandum of Agreement.

An employee shall be entitled to receive proportional sick leave pay during any absence caused by an occupational injury unless otherwise prohibited by this Memorandum of Agreement. For purposes of this policy, proportional sick leave shall be defined as that amount of accrued sick leave necessary to provide the employee with forty (40) hours pay during a seven-consecutive day work period. Proportional sick leave shall be computed by dividing the workers' compensation benefits to which the employee is entitled by the employee's base hourly salary to establish the number of hours for which the employee has been compensated at regular base hourly rate during the seven-consecutive day work period.

In no event, shall an employee's use of sick leave during an industrial disability exceed forty hours less the number of hours of industrial disability benefits as computed above. Payment of workers' compensation benefits shall be made directly to the employee. 11 Payment for Unused Sick Leave:

Upon normal service retirement from the City of Taft, the retiring employee shall be paid a lump sum of money not to exceed 50% of accrued sick leave. Additionally, said payment shall not exceed payment of forty-five (45) working days. Such accruals shall be liquidated in cash in the payroll period immediately following the effective date of retirement.

Employees may sell back up to one-half ½ their annual accrual up to a maximum of forty-eight (48 hours) on an annual basis. Payment for sick leave sell back will be made on the first paycheck of December.

Article 19 - Bereavement leave
Employees may, with approval by the appointing authority, take up to three days of bereavement leave not chargeable against the employee's sick leave, to attend the funeral or memorial service of a member of their immediate family. For this purpose, however, immediate family is defined as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughterin-law, step-father, step-mother, stepson, step daughter.

Article 20 - Military leave
Military leave shall be granted in accordance with the provision of the Military and Veterans Code of the State of California.

Article 21 - Jury Duty
The City of Taft shall grant employees a jury duty leave of absence for the duration of the employee's jury duty assignment. Jury Duty is defined as the duty requested by any legally constituted court or governmental unit of municipal, county, state or federal jurisdiction and includes active participation as a juror, these instances in which an employee is summoned for examination as a possible jury member and instances in which an. employee is called as a witness in action not involving the employee himself.

During a jury duty leave of absence, employees shall be entitled to full salary excluding differential payments less jury duty compensation received from the applicable court or governmental unit.

Employees shall be granted sufficient time for preparation (Le., dress, etc.) and travel .

The City of Taft reserves the right to request dismissal of any jury duty summons should it believe that the employee's services are necessary to the welfare of the City.

Article 22 - Salaries / Bilingual Pay
Attached to this Agreement is the salary schedule applicable to Unit C employees during the term of this Agreement.

Bilingual pay will be provided for those employees designated by the City who are Certified with a Certificate of Fluency an amount of $50.00 per month.

Article 23 - Supervision of Inmates
Upon completion of the required training, bargaining unit employees may be assigned to supervise Community Correctional Facility inmates. If an employee is specifically assigned to supervise Community Correctional Facility inmates, said employee shall receive an amount equal to 5% of 12 such employee's salary for each eight-hour day during which he/she is assigned to supervise such inmates. The 5% shall not be applied to any overtime worked that day. Such compensation shall be considered premium pay and not an increase of base salary, and shall only be paid after specific authorization of the Department Head.

Article 24 - Higher Classification Pay
In the event an employee is assigned to perform duties of a job classification higher than the classification to which the employee is normally assigned for a cumulative total in excess of 40 hours in a fourteen consecutive day payroll period, such employee shall be paid at the A step of the higher classification for all hours worked in such classification. Should an employee's current salary exceed the A step of the higher classification, he shall be paid at that step which represents a 5% increase over his current base salary.

It is agreed, however, that no employee shall perform work in a higher job classification unless specifically directed to do so by the head of the department to which the employee is normally assigned or by the formally designated representative of such department head.

Article 25 - Holiday Pay
When an employee in a classification represented by this agreement other than a Dispatcher is requested to work on one of the City observed holidays, he/she shall be paid for the holiday at straight time base rate of pay, in addition to one and one-half his/her base rate of pay for all time worked.

Article 26 - Standby Compensation
An employee required by the City to be on stand-by duty shall receive fifty dollar ($50.00) for each weekday and one hundred dollars ($100.00) for each non-scheduled workday (Holiday/Weekend) on assigned standby. Stand-by pay shall be in addition to any pay resulting from a call-back. Stand-by pay will not be paid unless an employee is specifically assigned to stand-by duty by the department head or his/her designee. While assigned to stand-by duty, employees shall remain within a 30 minute response time of City Hall and shall answer the call or return any unanswered call within fifteen (15) minutes for a maximum response time of 45 minutes.

Article 27 - Call Back Pay
In the event an employee is required to report to work prior to commencement of the employee's next regularly scheduled work shift, the employee will receive a minimum of two hours compensation at one and one-half times the employee's base hourly rate. For purposes of this Article, the definition of "day" and "work period", as noted in Article 10, shall be applicable.

Article 28 - Uniform Allowance
Required uniforms shall be worn in a neat and orderly fashion. Employees shall wear the required uniform unless specific prior approval is obtained from the supervisor.

The City of Taft shall establish an annual allowance of $450 for the Community Services Officer and the Code Enforcement Officer.

For employees in the Unit utilizing the Uniform Service (Public Works), this service would be terminated and employees would be provided ten (10) shirts with City logo and employee's name. 13 Five would be long sleeve and five would be tees. In addition, each designated employee would be provided with a yearly allowance of $400 for the purchase of approved pants and an approved pair of footwear that would be required to be worn on the job.

For employees working in Transit, a Uniform Allowance of $200.00 per year would be provided for appropriate footwear and the purchase of approved slacks or jeans.

The uniform allowance shall be paid on an annual basis with the full amount being paid July of each year
The City shall provide required patches and rockers for the Community Services Officer. The City agrees to reimburse existing employees for major uniform changes mandated by the City.

Article 29 - Industrial Injury Supplemental Pay
To ensure that employees suffering from industrial injury or illness receive full salary during the three-day waiting period,' the City of Taft provides an Industrial Injury Supplemental Wage Benefit program for designated high-risk employees. Employees shall be entitled to an Industrial Injury Wage Supplemental Benefit during the first three days of an occupationally related illness or injury provided that such injury or illness results in time lost from regularly scheduled working hours.

Industrial Injury Supplemental Wage Benefits shall begin on the day following the date of occupational injury or illness and shall continue until the injured employee is eligible for Worker's Compensation benefits or returns to active employment. In no event, however, shall Industrial Injury Supplemental Wage Benefits continue past the end of the third day following the occurrence of occupationally related illness or injury. Industrial Injury Supplemental Wage Benefits shall be payable only on an employee's regularly scheduled working day and may be used only during periods of occupationally related illness or injury not compensated under the California Workman's Compensation Law.

Under no circumstances shall Industrial Injury Supplemental Wage Benefits be used to provide an employee with higher compensation than said employee would receive had the employee worked all regularly scheduled hours during the week in which Industrial Injury Supplemental Wage Benefits are payable.

In granting Industrial Injury Supplemental Wage Benefits, the City of Taft may require medical documentation of occupationally related illness or injury at its discretion. Such documentation shall consist of a statement signed by a licensed physician describing the nature of an employee's occupationally related illness or injury and the anticipated time of the individual's return to active duty.

All employees shall be entitled to full compensation for the regularly scheduled work day on which an occupationally related injury or illness occurs. Such compensation shall not be charged to the Industrial Injury Supplemental Wage Benefit.

At the end of the three-day period, employees may continue to receive their full net salary by using accumulated leave benefits (sick, vacation, ATO). While using accumulated leave benefits, employees shall continue to accumulate sick leave and vacation benefits, and shall continue to 14 receive health and life insurance benefits in the same manner as if the employee worked all regularly scheduled hours during the payroll period.

In order to receive full net salary, the employee shall provide the City Finance Department with a copy of the temporary disability benefit check issued by the City's workers' compensation representative. In return, the City will issue a payroll check proportional to the difference between the temporary disability benefit check and the employees’ full salary less any applicable taxes and other payroll deductions.

For purposes of this article, proportional benefit shall be defined as the amount necessary to provide the employee with forty (40) hours pay during a seven-consecutive day work period.

Proportional leave shall be computed by dividing the workers' compensation benefits to which an employee is entitled by the employee's base hourly salary to establish the number of hours for which the employee has been compensated at regular base hourly rate during the sevenconsecutive day work period.

Upon depletion of leave benefits, employees will receive temporary disability benefits from the City's Workers' Compensation representative. At that time the employee will be required to pay for health and life insurance premiums if continuation in City plans is desired. The employee will be considered on an unpaid status and will not continue to accumulate sick leave and vacation benefits.

Article 30 - Life Insurance
Permanent full-time employees of the City of Taft shall be entitled to participate in the City's group life insurance program upon completion of thirty days continuous service. Should an employee elect to participate in the group life insurance program, the City shall bear the total cost of such insurance for the individual employee.

Employees, however, may not secure group life insurance benefits for dependents upon this program. Group life insurance benefits shall be $25,000 for each participating employee. The City's group life insurance program also provides employee benefits in the event of accidental death or dismemberment subject to conditions outlined in the City's group life insurance policy.

Article 31 - Health Insurance
During the term of this MOU, the City agrees to assume the cost of employee and dependent health insurance as follows:

For Employees hired prior to July 1, 2019 the City will pay 100% toward health coverage for employees and dependents covered with the HMO or Kaiser Plan. For Employees hired on or after July 1, 2019, the City will pay 100% toward employee and 50% towards dependent health and vision coverage based upon the Kaiser or Blue Shield HMO Rates.

Employees who are covered under a spouse’s plan and wish to waive coverage under the City’s plan will receive a $200 a month “opt-out” option.
15 Article 32 - Retirement Benefits
Employees in this plan will be responsible for paying the employee contribution required to be paid by employees to CalPERS in accordance with the Public Employees Pension Reform Act (PEPRA)
All such payments of the City shall be reported as normal contributions and shall be credited to said employees’ accounts pursuant to Government Code Section 20691. This PERS pick-up is done in accordance with Section 414H(2) of the Internal Revenue Code.

Current employees shall maintain their existing retirement formula as contracted with the Public Employees’ Retirement System. All new employees shall be enrolled in the Public Employees Retirement System in accordance with the provision of the Public Employees Pension Reform Act (PEPRA).

Article 33 – Deferred Compensation (457)
Employees who elect to make voluntary contributions to their deferred compensation account (457), the City agrees to contribute a fifty percent (50%) match of the employees’ contribution up to a maximum of $3,500.00 per fiscal year.

Article 34 – Additional Merit Based (“F” Step)
Employees in the unit who have four (4) or more years of City Service and who have been compensated at the “E” Step of their salary range for at least one (1) year (12 months) will be eligible to be considered for a Merit Based Increase of five percent (5%) (2 salary ranges). This Merit Based increase will be granted upon Special Performance Evaluation and recommendation of the Department Head. Consideration for this Merit Based Step is the decision of the Department Head. The decision of the Department Head is final and is not subject to any Grievance or Appeal process.

Article 35 - Mileage Reimbursement
The City of Taft shall reimburse employees who use their private automobiles for City business at the rate provided for by City Policy No. 406: EMPLOYEE TRAVEL EXPENSES.

Article 36 - Section 125 Program
The City shall continue to offer a Premium-Only Section 125 Program whereby employee contributions towards health and dental insurance premiums will be paid not subject to Federal Income Tax, State Income Tax, or FICA. Employee participation in the program will be voluntary.

Article 37 - Required Physical Examinations
The City shall provide physical examinations that are required by the Department of Motor Vehicles to renew drivers' licenses that are required by the City to operate City equipment.

Employees will be required to utilize the City designated physician for said physical examination.

If new equipment is obtained by the City that would require the employee to obtain a higher level of licensing to operate said equipment, the City agrees to pay for the initial license obtained from the Department of Motor Vehicles, but the employee shall be responsible for obtaining any renewal of said license.
16 Article 38 - Education Incentive
Upon compliance with the procedures established by the City, employees will be reimbursed a maximum of $500 per fiscal year for courses that are credited toward an Associates, Bachelors or Graduate Degree at an approved college or other job-related courses. Such reimbursement shall be for those expenses related to tuition or fees, textbooks, and parking and shall be subject to approval of by the Department Head.

Article 39 - Reopener
There will be no reopeners during the term of this contract 2021-2022.

Article 40 - Non-Discrimination
It is agreed that both the City and the Association shall provide equal opportunity for all qualified persons; prohibit discrimination because of race, color, religion, sex, age or national origin and promote the full realization of equal opportunity through a positive and continuing program of affirmative action. It is further agreed that no employee shall be interfered with, intimidated, restrained, coerced or discriminated against by either the City or the Association because of membership or non-membership in the Association.

Article 41 - Savings Clause
It is agreed that in the event a court order renders any Article of this Agreement null and void, said ruling shall negate only the appropriate article and the balance of this Agreement shall stand as written and remain in full force and effect for the duration of said Agreement.

Article 42 - Full Agreement
The City of Taft and SEIU Local 521 agree that this Agreement constitutes the entire contract between them governing wages, hours and conditions of employment of those employees in the bargaining unit during the term thereof and settles all demands and issues on all matters subject to meet and confer. It is further agreed that nothing in this Agreement shall in any way diminish the rights of the employees, the City, or the Union as established by the Meyers-Milias-Brown Act of the State of California and all amendments thereto except as herein provided.

Article 43 – Labor Management Committee
The parties agree to form a Labor Management Committee to meet monthly to discuss worksite/labor issues.

Article 44 – Supplemental Pay
For employees covered by this agreement who have who have been continuously employed with the City of Taft for a least one (1) but less than three (3) years as of December 1, 2022 and have completed probation the City agrees to make a one-time off schedule supplemental payment in the amount of three percent (3%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022
Employees covered by this agreement who have who have been continuously employed with the City of Taft for a least three (3) years but less than six (6) years as of December 1, 2022 the City agrees to make a one-time off schedule supplemental payment in the amount of five percent (5%) 17 of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022.

Employees covered by this agreement who have who have been continuously employed with the City of Taft for a least six (6) years or more as of December 1, 2022 the City agrees to make a onetime off schedule supplemental payment in the amount of one percent (1%) per completed year of service up to a maximum of ten percent (10%) of the employees annual base salary as reflected on the City-wide current adopted salary schedule as of December 1, 2022.

Payment in the aforementioned amount will be made to employees on Friday, December 17, 2022.

However, the employee may voluntarily choose to defer payment until the first pay day in January 2023. In this case the payment would be made on January 13, 2023. Employees must be currently employed and eligible to receive a regular City Paycheck on the date the payment is issued. Any employee who does not meet this requirement will forfeit the supplemental pay. This above payment will be issued as a separate check. Deductions will be made for any mandated withholdings.

Article 45 – Term
The City received noticed that the State of California is exercising its option to terminate the contract with the City to run the MCCF. The additional compensation provided for in this agreement will immediately revert back to the previous level. The City agrees to defer this action provided for in Article 45 for one year (through June 30, 2024). The matter will be revisited during the spring of 2024 and if implemented, notice will be provided to SEIU and affected employees in a timely manner.

This Agreement shall become effective upon ratification of the City Council and shall remain in full force and effect through June 30, 2024, and year to year thereafter. Negotiation may begin prior to March 1, 2024 if advance notice is provided.

This agreement is entered into this 6th day of December, 2022 Signatures
For the City of Taft: For the SEIU:
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