HomeMy WebLinkAboutRES NO 54-97RESOLUTION NO. B 4" 9 ~'
A RESOLUTION OF THE COUNCIL OF THE
CITY OF BAKERSFIELD DETERMINING
PETITION FOR CANCELLATION OF LAND
USE CONTRACT UNDER WILLIAMSON ACT
WITH RESPECT TO PART OF LAND.
WHEREAS, Delftno Brothers, a general partnership on September 17,
1996, filed with this Council a petition for cancellation of a Land Use Contract as to
part of the subject land, which contract was entered into under the Land Conservation
Act of 1965 (Williamson Act) on February 27, 1968, recorded in Book 4165 at page
717, Kern County Recorder's office, and which land is located in County of Kern
Agricultural Preserve No. 10; and
WHEREAS, the parcel of land with respect to which such cancellation is
sought consists of approximately 26 acres; and
WHEREAS, the petitioners base their request for cancellation and allege,
that the proposed future use of the said parcel of land is for March 13, 1997, the
development of tentative tract 5529 containing 110 residential lots, that cancellation of
said contract as to said parcel is not inconsistent with the purposes of the Williamson
Act and is in the public interest; that the ultimate plan of the landowner is consistent
with the General Plan. This property is designated LR (Low Density Residential, < 7.26
du/per net acre). The proposed tentative tract is consistent with the intent and purpose
of that land use designation. The property is surrounded with either existing houses or
approved tracts. If the property is not developed, it will become an "island" in the
middle of residential development; and
WHEREAS, for the cancellation of land, an Initial Study was conducted,
and it was determined that the proposed project would not have a significant effect on
the environment, and a Negative Declaration was prepared; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures have been duly followed by city staff and the Planning
Commission; and
WHEREAS, this Council, did conduct a public hearing fixed a time and
place for hearing said matter, at 7:30 p.m. March 26, 1997, at City Hall, 1501 Truxtun
Avenue, and notice of said hearing has been duly given in the manner required by
Section 51284 of the Government Code, and said hearing has been duly conducted at
the time and place so specified, and evidence having been received, and all persons
desiring to be heard in said matter having been given an opportunity to be heard; and
WHEREAS, no owner of property has protested the proposed
cancellation; and
WHEREAS, pursuant to the provisions of Section 51283 of the
Government Code, the Assessor of the County of Kern has determined the full cash
value of the parcel of land with respect to which cancellation is requested as though it
were free of the contractual restriction, and has certified to this City Council that the
amount thereof of $574,000, and that the cancellation fee is 12.5% of this value or
$71,750, as mentioned in Section 51283 of the Government Code; and it appearing
that after the date said contract was initially entered into, the publicly announced county
ratio of the assessed to full cash value has not changed; and
WHEREAS, based upon the absence of evidence in the record as
required by Section 21082.2 of the State of California Public Resource Code (CEQA)
for the purpose of documenting significant effects, it is the conclusion of the Lead
Agency that this project will result in impacts that that fall below the threshold of
significance with regard to wildlife resources and therefore must be granted a
"deminimus" exemption in accordance with Section 711 of the State of California Fish
and Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-referenced in the record and the lead agency's decision to prepare a Negative
Declaration for this project; and
WHEREAS, the City Council having received and read the Negative
Declaration applicable to this case, hereby finds that the proposed project will not have
a significant effect on the environment and that an environmental impact report is not
required and hereby approves and adopts said Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the
City of Bakersfield, State of California, as follows:
1. That this Council finds that all of the facts hereinabove mentioned
are true and that this Council has acquired jurisdiction herein;
2. That this Council does further find and determine:
(a) That continued dedication of the land, hereinafter described,
to agricultural use under contractual restrictions is not necessary for the purposes of the
Land Conservation Act of 1965 (also known as the Williamson Act); and
(b) That the proposed cancellation is not inconsistent with the
purposes of said Act; and
(c) That the proposed cancellation is in the public interest; and
(d) That the proposed cancellation is not likely to result in the
removal of adjacent lands from agricultural use; and
(e) That the proposed cancellation is for an alternative use which
is consistent with the applicable provisions of the City of Bakersfield general plan; and
(0 That the proposed cancellation will not result in
discontinuous patters of development; and
(g) That although proximate noncontracted land exists which is
suitable for the proposed use, that land is not currently available.
3. That this Council has determined that the amount of the
cancellation fee which the owners shall pay to the Treasurer of Kern County as
deferred taxes upon such cancellation, in accordance with paragraph (b) of Section
51283 of the Government Code, is the sum of $71,750 and has certified said sum to the
Auditor-Controller of Kern County.
4. That pursuant to the provisions of paragraph (a) of Section 51283.3
of the Government Code, this Council does give tentative approval of the cancellation
petition, subject to the payment of the cancellation fee hereinabove mentioned.
5. That this Council hereby determines to require payment in full of
the cancellation fee prior to the cancellation becoming effective. Said cancellation fee
shall be paid in full not later than 180 days after the date of this resolution or prior to the
recordation of any tract, whichever comes first, and if not deposited with the County
Treasurer within that time, the approval of cancellation shall lapse, be rescinded and
this Resolution shall thereafter have no further force or effect. Said cancellation shall
not be effective until such time as the said cancellation fee has been paid in full.
6. The Negative Declaration for the proposed land use cancellation is
hereby approved and adopted.
7. Upon payment of said cancellation fee by petitioners, the City Clerk
shall file for record in the office of the County Recorder of the County of Kern, a
certificate, which shall set forth the names of the owners of such land with the amount
of the cancellation fee hereinabove mentioned, showing such fee to have been paid in
full pursuant to the provisions of this resolution and the Williamson Act; together with
the legal description of said property.
8. The real property to which the foregoing proceedings apply is
situated in the City of Bakersfield, State of California, and is more particularly described
in Exhibit "A", attached hereto and by this reference incorporated in this resolution as
though fully set forth herein. ~ ~ - ' '
4
9. That the County Treasurer, under paragraph (d) of Section 51283
of the Government Code will transmit the said deferred taxes, when collected, to the
California State Controller.
10. That the City Clerk shall send copies of this resolution to the State
Controller, Assessor of Kern County, Auditor-Controller of Kern County, Treasurer of
Kern County, Planning Director of Kern County, and the petitioning property owners.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
~ 2 ~ 1997 , by the following vote:
AYES: COUNCILMEMBER DeNIOND, CARSON, sMm-I, McDERMOTT, ROWLES, SlJL1 'vAN SAL'v~
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
CITY CLERK and Ex (p~ficio Clerk of the
Council of the City of Bakersfield
APPROVED ~!$ ~
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MG:pjt
March 13, 1997
res\rwac-ag
EXHIBIT "A"
LEGAL DESCRIPTION
CANCELLATION OF A WILLIAMSON ACT CONTRACT
CALIFORNIA LAND CONSERVATION ACT
That portion of the west half of the northeast quarter of Section 26, Township 30 South,
Range 27 East, M.D.B. & M., lying southerly of the southerly line of the Arvin - Edison
Canal as conveyed to the Arvin - Edison Water Storage District in a deed recorded
February 11, 1966 in Book 3918, Page 147 of Official Records, within the City of
Bakersfield, County of Kern, State of California, as per the Official Plat thereof on file in
the office of the Surveyor General.
EXCEPTING THEREFROM that portion of said land deeded to Panama Buena Vista
School District, recorded June 28, 1991, in Book 6538, Page 11896, and being more
particularly described as follows:
Commencing at a point which is the center of said Section 26, said poim also being the
future centerline intersection of Akers Road and Berkshire Road; thence South 89008'04"
East along the South line of the Northeast Quarter of said Section 26, said line also being
the centerline of Berkshire Road, a distance of 509.83 feet to the True Point of Beginning;
Thence continuing South 89008'04" East a distance of811.42 feet; Thence North
00036'40" East a distance of 584.25 feet; Thence North 89023'20" West a distance of
808.83 feet; Thence South 00051'56" West a distance of 580.65 feet to the True Point of
Beginning; Containing 26.75 Acres.
(Assessor's Parcel No. 373-032-14)
N ~9'08'32" W
PANAMA LANE
2844.24'
./,~ ~ s~c.o~ 2e Jr
T. 3OS..R. 27E.
NW COI~4ER S~C'IION 26
T. 30S., R. 27r
NOR'tH
NWl4 SECTION 26 T. 30 8., FL 27 E
W/4 CORNER Si[CTION 26
T. 3OS.,R. 27E.
N 89'1T/'25' W 2643.67.
N 89'08'56' W 1322.01'
wi2 OF 'THE NE/4
8EC'TiON 26
T. 30 8., FL 27 E.
14'5701"
T - 123.99'
L - 246..58'
R ' 1055.00'
T = 13~.62'
L .~ 275.67'
N 74'10'16' W
269.55'
69'0719' W
167.95'
PROPOSED
TRACT 5529
bJ
811.42'
1321.24'
BERKSHIRE ROAD
Record at the request of
and return to:
City of Bakersfield
City Clerk
1501 Truxtun Avenue
Bakersfield CA 93301
James Map l es, A'"~'ssor -Recorder
Kern County Of, ,'ial Records
DOCUMENT #:0197048926
JASON
Pages: 4
4/10/1997
11:20:44
Other
TOTAL
PAID.
Star Types:l
CERTIFICATE OF TENTATIVE CANCELLATION
WITH RESPECT TO LAND UNDER CONTRACTUAL RESTRICTIONS
(LAND CONSERVATION ACT OF 1965)
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN:
1. The City Council of the City of Bakersfield has given tentative approval of
the petition of Delftno Brothers for cancellation of contractual restrictions contained in a
contract recorded February 27, 1968, in Book 4165, Pages 717-723 inclusive as to the
land hereinafter more fully described, entered into under the Land Conservation Act of
1965, and which land is located in Agricultural Preserve No. 10 in the County of Kern,
after public hearing duly noticed and held.
2. The name of the owner of the land herein mentioned, at the time of
cancellation, was George Delfino.
3. The amount of the cancellation fee determined by said City Council to be
paid as deferred taxes upon such cancellation, in accordance with paragraph (b) of
Section 51283 of the Government Code, and certified by said City Council as being due
pursuant to said Act, is the sum of $71,750.
4. Pursuant to the provisions of Government Code Section 51383.4, the City
Council has established the following conditions and contingencies, and has declared
that a Certificate of Cancellation of said contract with respect to said parcel of land will
be issued and recorded within thirty (30) days after being notified by the landowner that
each and all of said conditions and contingencies is satisfied:
(a) Payment in full of the cancellation fee hereinabove mentioned;
(b)
Unless said cancellation fee is fully paid, or a Certificate of
Cancellation is issued, within one year from the date of recordation
of the Certificate of Tentative Cancellation, such fee shall be
recomputed as of the date the landowner notifies this City Council
that he has satisfied the conditions and contingencies, as provided
in subdivision (b) of Government Code Section 51283.4, and the
landowner shall pay any additional fee arising from such
recomputation as a further condition to issuance of a Certificate of
Cancellation; provided, however, that the landowner shall not be
entitled to refund of any cancellation fee previously paid even if the
recomputed fee is less.
5. Pursuant to subdivision (c) of Government Code Section 51283.4, if any
landowner has been unable to satisfy the foregoing conditions or contingencies, he
shall notify this City Council of the particular conditions or contingencies he is unable to
satisfy; and within thirty (30) days after receipt of such notice, and upon a determination
by this City Council that the landowner is unable to satisfy the foregoing conditions or
contingencies, this City Council shall execute a Certificate of Withdrawal of said
tentative approval of the cancellation of contract and cause the same to be recorded;
however, the landowner shall not be entitled to the refund of any cancellation fee
previously paid.
6. The real property to which the foregoing tentative cancellation
proceedings applies is situated in the City of Bakersfield, County of Kern, State of
California, and is described in Exhibit "A" attached hereto and made a part hereof by
this reference.
Dated this 26th dayof Hatch
the City of Bakersfield.
,1997, by order of the City Council of
MG:~t
p:cotc
CITY CLERK and Ex Ofi~io Clerk of the
Council of the City of Bakersfield
-2-
EXHIBIT "A"
LEGAL DESCRIPTION
CANCELLATION OF A WILLIAMSON ACT CONTRACT
CALIFORNIA LAND CONSERVATION ACT
That portion of the west half of the northeast quarter of Section 26, Township 30 South,
Range 27 East, M.D.B. & M., lying southerly of the southerly line of the Arvin - Edison
Canal as conveyed to the Arvin - Edison Water Storage District in a deed recorded
February 11, 1966 in Book 3918, Page 147 of Official Records, within the City of
Bakersfield, County of Kern, State of California, as per the Official Plat thereof on file in
the office of the Surveyor General.
EXCEPTING THEREFROM that portion of said land deeded to Panama Buena Vista
School District, recorded June 28, 1991, in Book 6538, Page 11896, and being more
particularly described as follows:
Commencing at a point which is the center of said Section 26, said point also being the
future centerline intersection of Akers Road and Berkshire Road; thence South 89°08'1M"
East along the South line of the Northeast Quarter of said Section 26, said line also being
the centerline of Berkshire Road, a distance of 509.83 feet to the True Point of Beginning;
Thence continuing South 89008'04" East a distance of811.42 feet; Thence North
00036'40" East a distance of 584.25 feet; Thence North 89023'20" West a distance of
808.83 feet; Thence South 00o51'56" West a distance of 580.65 feet to the True Point of
Beginning; Containing 26.75 Acres.
(Assessor's Parcel No.
373-032-14)
PANAMA LANE
(~.~ N 8W08'32' W 2844.24' ,,~ ~ N ~ ~ 13~' . ~
WI2 ~ ~ ~4
'~ T.~K~E
NO~ ~ ~ T- 1~"
~' ~'- ~ ~ L- 2~
14~
~ ~ ~ T ~ 1~6~
a ~ 26~
I TRACT 851e
~,~ 27~ T.~,~ ~
BERKSHIRE ROAD