HomeMy WebLinkAboutRES NO 150-91RESOLUTION NO. '1 5 0 - 9 1
A RESOLUTION DIMINISHING AGRICULTURAL
PRESERVE NUMBER 10 BY 36 +/- ACRES.
WHEREAS, the City Council, through the City Clerk, did set,
Wednesday, July 31, 1991 at the hour of 7 p.m. in the Council
Chanther of City Hall, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for a public hearing before
said City Council to consider approval of diminishing the size of
Agricultural Preserve Number 10 by 36 +- acres for that site
located along the southeast corner of Panama Lane and Akers Road,
and accompanying proposed negative declaration, notice of the
public hearing having been given in the manner provided in
Section 6061 of the California Government Code; and
WHEREAS, the agricultural preserve herein described was
established in the County of Kern pursuant to the California Land
Conservation Act of 1965; and
WHEREAS, that part of Agricultural Preserve Number 10 which
is to be diminish is identified as follows:
The northwest quarter of the northeast quarter of Section
26, Township 30 south, Range 27 east, M.D.B.&M., City of
Bakersfield, County of Kern, State of California.
Excepting therefrom that portion lying within the northerly
and westerly 30 feet of said land and also that portion
lying within the Arvin-Edison Canal as conveyed to Arvin-
Edison Water Storage District in deed recorded February 11,
1966, in Book 3918, Page 147 of Official Records.
and
WHEREAS, diminishment of Agricultural Preserve Number 10 is
in response to the Williamson Act Contract cancellation request
by Tony Delfino, Frank Delfino and James Delfino; and
WHEREAS, the director of the Planning Department has filed a
report recommending diminishment of Agricultural Preserve Number
10 herein described; and
WHEREAS, at said public hearing held July 31, 1991, the City
Council duly heard and considered diminishment of Agricultural
Preserve Number 10 herein described and found as follows:
1. All required public notices have been given.
2. The provisions of California Environmental Quality Act
have been followed.
3. The proposed diminishment would not have a significant
adverse effect on the environment.
4. The
Metropolitan
subject site
proposed diminishment is consistent with the
Bakersfield 2010 General Plan which designates the
as Low Density Residential.
5. The proposed diminishment is consistent with the
applicant's proposal for Low Density Residential development.
6. The proposed diminishment is consistent with the
urbanization of this area.
7. The
agricultural
agricultural
Plan.
subject site is identified as having prime
soils but was not intended to be preserved for
uses by the Metropolitan Bakersfield 2010 General
8. Pursuant to State of California Government Code, Section
51245 of the California Land Conservation Act Tony Delfino, Frank
Delfino and James Delfino have served the City of Bakersfield
with a notice of nonrenewal of the Williamson Act Contract; and
WHEREAS, the above findings are based on the following
facts:
1. Removal of the subject site from Agricultural Preserve
Number 10 is consistent with the existing land use designations.
2. A Notice of Public Hearing and Proposed Negative
Declaration was advertised on June 27, 1991 in the Bakersfield
Californian.
3. The removal of the subject site from Agricultural
Preserve Number 10 is for land on which a notice of nonrenewal
has been served pursuant to State of California Government Code,
Section 51245 of the California Land Conservation Act.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Bakersfield as follows:
1. The above recitals are true and correct.
2. The Negative Declaration is hereby approved.
3. The boundaries of Agricultural Preserve Number 10
hereby amended by diminishing therefrom 36 +/- acres, as
described above.
are
......... 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 July 31, 1991 by the following vote:
AYES: COUNCILMEMBERS: EDWARDS DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO
NDES; COUNCILMEMBERS: ~VJJ
ABSENT COUNCILMEMBERS: /~, ~'~
ABSTAIN: COUNCiLMEMBERS' '~'~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this JUL ~ ! ~991
CLARENCE MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
pJt
AGRICULTURE PR[ ' ~ERVE AND WILUAM.~ 'tN ACT PROPERTIES
(WITHIN I NILE OF SUBJECT SfTE)
·
Arvin - Edison
~i SUBJECT SFFE',
~AG. PRESERVE,~
WMSFL ACT I.J~,NDS
HWY, ~
IMPKIN
CENTER
,Q