HomeMy WebLinkAboutRES NO 166-90RESOLUTION NO. 166-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE BOUNDARIES OF
AGRICULTURAL PRESERVE NUMBER 9 BY DIMINISHING
THE SIZE OF SAID PRESERVE BY 240+- ACRES FOR
THAT SITE LOCATED ALONG THE EAST SIDE OF
JEWETTA AVENUE BETWEEN REINA ROAD AND HAGEMAN
ROAD.
WHEREAS, the City Council, through the City Clerk, did
set, Wednesday, December 19, 1990, at the hour of 7 P.M. in the
Council Chamber of City Hall, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for a public hearing before said
City Council to considered approval of diminishing the size of
Agricultural Preserve Number 9, 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, the site for which cancellation of the
Williamson Act Contract has been requested is identified as
follows:
Lots 1 to 8 and lots 17 to 20 both inclusive of the
Jewetta and Raine Subdivision No. 1, as shown on the map
of said subdivision, recorded January 8, 1914 in Book 3,
Page 3, Records of Kern County Recorder, containing 240
acres, more or less;
and
WHEREAS, diminishment of Agricultural Preserve Nunlber 9
is in response to the Williamson Act Contract cancellation request
by the property owners;
and
WHEREAS, the director of the Planning Department has
filed a report reccm~nending diminishment of Agricultural Preserve
Number 9 herein described;
and
WHEREAS, at said public hearing held December 19, 1990,
the City Council duly heard and considered diminishment of
Agricultural Preserve Number 9 herein described and found as
follows;
1. All required public notices have been given,
The provisions of California Environmental Quality
Act have been followed,
and
facts:
The proposed diminishment would not have
significant adverse effect on the environment,
a
The proposed diminishment is consistent with the
Metropolitan Bakersfield 2010 General Plan which
designates the subject site as General Commercial
and Low Density Residential,
The proposed diminishment is consistent with the
existing subject site zoning districts which are
A-20A (Agricultural 20 Acre Minimum),
RS (Residential Suburban), R-1 (One FamilyDwelling)
and C-1 (Limited Commercial);
The subject site is identified as having prime
agricultural soils but was not intended to be
preserved for agricultural uses by the Metropolitan
Bakersfield 2010 General Plan;
Pursuant to Section 51245 property owners have
served the County of Kern with a notice of
nonrenewal of the Williamson Act Contract;
WHEREAS, the above findings are based on the following
Removal of the subject site from Agricultural
Preserve Number 9 is consistent with the existing
land use designations and the zoning districts,
An Environmental Impact Report was prepared for the
Polo Grounds project (GPA 4-89 Segment V, ZUA 4954
and Calloway Number 3 Annexation) within the
boundaries of which the subject site is located. An
impact identified by the EIR was loss of prime
agricultural land for which a statement of
overriding consideration was prepared. Said EIR was
certified by the City Council on March 7, 1990.
A Negative Declaration was posted on
November 5, 1990, in accordance with the California
Environmental Quality Act,
A Notice of Public Hearing and Proposed Negative
Declaration was advertized on November 21, 1990 in
the Bakersfield Californian,
The removal of the subject site from Agricultural
Preserve Number 9 is for land on which a notice of
nonrenewal has been served pursuant to Section 51245
of the Government Code.
-2-
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 boundaries of Agricultural Preserve Number 9 are
herebyamended by diminishing therefrom 240+- acres,
as described above.
.......... o0o ..........
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 ~FC t 9 ~990 , by the
following vote:
AYES, COUNCILMEMBERS: EDWARDS, De~ND, SMITH. BRUNNt, PETERSON, McOERMOTT, SALVAGGIO
NOES;COUNCILMEMBERS ~'~ ~
ABSENT COUNCILMEMBERS
ABSTAIN' COUNCiLMEMBERS' JV'o~'
CITY CLERK and EX OFFICIO CLERK of the
Council of the City of Bakersfield
APPROVED {][C 1 9 ~993
Mayor of the City of Bakersfield
APPROVED as to form:
Acting City Attorney of the City of Bakersfield
/meg
12/28/90
POLO GROUNDS AREA-'
WILLIAMSON ACTCONTRACTS ~-
LEGEND
POLO GROUNDS BOUNDARY
CITY LIMITS
13
HA~EMAN
7
T29S, R26E T29S, R27E
OLIVE DRIVE
AGRICULTURAL PRESERVE AND
WILLIAMSON ACT PROPERTIES
(WITHIN I MILE .OF SUBJECT SITE)
OW
%%~C, OUNTV. SNOW ROAD
CITY I
i
=NORRIS
REINA ROAD t ~ OLIVE DRIVE
'\
~,~"~ AGRICULTURAL
j WILLIAMSON ACT
Jl- OONTRACT
D~ SCALE IN FEET