HomeMy WebLinkAboutRES NO 149-91RESOLUTION NO. ~1 4 9 - 9 1
A RESOLUTION APPROVING TENTATIVE CANCELLATION
OF THE WILLIAMSON ACT CONTRACT FOR A 36 +/-
ACRE SITE LOCATED ALONG THE SOUTHEAST CORNER
OF PANAMA LANE AND AKERS ROAD.
WHEREAS, the City Council, through the City Clerk, did set,
Wednesday, July 31, 1991, at the hour of 7 p.m. in the Council
Chamber of City Hall, 1501 Truxtun Avenue, Bakersfield, Califor-
nia, as the time and place for a public hearing before said City
Council on a petition requesting cancellation of a Williamson Act
Contract, 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, Tony Delfino, Frank Delfino and James Delfino,
pursuant to the State of California Government Code, Section
51281 of the California Land Conservation Act have requested
cancellation of a Williamson Act Contract on a 36 +/- acre site;
and
WHEREAS, the site for which cancellation of the Williamson
Act Contract has been requested is identified as follows:
The Northwest Quarter of the Northwest 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.
WHEREAS, the Williamson Act Contract site herein described
was established in the County of Kern pursuant to the California
Land Conservation Act of 1965; and
WHEREAS, the director of the Planning Department has filed a
report recommending tentative cancellation of the Williamson Act
Contract herein described; and
WHEREAS, at said public hearing held July 31, 1991, the City
Council duly heard and considered tentative cancellation of the
Williamson Act Contract 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 cancellation would not have a significant
adverse effect on the environment.
4. Pursuant to State of California Government Code, Section
51245 of the California Land Conservation Act Tony Delfino, Frank
Delfino and James Delfino served the City of Bakersfield with a
notice of nonrenewal of the Williamson Act Contract.
5. That cancellation of the Williamson Act Contract is in
the public interest.
6. That the cancellation is for land on which a notice of
nonrenewal has been served pursuant to Section 51245 of the
Government Code.
7. That cancellation is not likely to result in the removal
of adjacent lands from agricultural use.
8. That cancellation is for an alternative use which is
consistent with the applicable provisions of the city general
plan.
9. That cancellation will not result in discontinuous
patterns of urban development.
10. That development of the contracted land would provide
more contiguous patterns of urban development than development of
proximate noncontracted land.
WHEREAS, the above findings are based on the following
facts:
1. Cancellation of the Williamson Act Contract is consis-
tent with the existing Metropolitan Bakersfield 2010 General Plan
land use designations.
2. Development of the site would be contiguous with urban
development north and west of the site.
3. A Negative Declaration was posted on July 11, 1991, in
accordance with the California Environmental Quality Act.
4. A Notice of Public Hearing and Proposed Negative Decla-
ration was advertised on June 27, 1991 in the Bakersfield Cali-
fornian.
5. The County of Kern Assessor has calculated and the City
Council has certified that the cancellation fee is $75,000.
6. The cancellation of the Williamson Act Contract ls for
land on which a notice of nonrenewal has been served pursuant to
Section 51245 of the Government Code.
7. Retaining the Williamson Act Contract would interfere
with construction of infrastructure improvements.
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.
The City Council hereby approves tentative cancel-
lation of the Williamson Act Contract for the site
herein described subject to payment of the cancel-
lation fee and land owners applying for a zone
change which is compatible with the Low Density
Residential land use designation of the Metropoli-
tan Bakersfield 2010 General Plan.
......... o0o .........
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regu-
lar meeting thereof held July 31, 1991 by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMOND. SMITH, 8RUNNI, PETERSON, McOERMOTi', SALVAGGIO
NOES: COUNCILMEMBERS:
ABSENT COUNClLMEMBERS
ABSTAIN' COUNCILMEMBERS
CITY CLER and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 3 1. 199!
CLARENCE MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pit
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AGRICULTURE PRESERVE AND WILI. IAMS~'N ACT PROPERTIES
(WITHIN I MILE OF SUBJE~ S~'E)
MANDELINE
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WI~N. ACT L~NDS
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