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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