HomeMy WebLinkAboutRES NO 165-90RESOLUTION NO. 165-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING TENTATIVE CANCELLATION OF
THE WILLIAMSON ACT CONTRACT FOR A 240+- ACRE
LOCATED ALONG THE EAST SIDE OF JEWETTA AVENUE
BETWEEN REINA ROAD AND HAGEMAN ROAD.
SITE
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 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, BB&R a Joint Venture, pursuant to Section 51281
of the Government Code has requested cancellation of a Williamson
Act Contract on a 240+- acre site;
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, 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 December 19, 1990,
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,
The provisions of California Environmental Quality
Act have been followed,
facts:
The proposed cancellation would not have a
significant adverse effect on the environment,
Pursuant to Section 51245 property owners served the
County of Kern with a notice of nonrenewal of the
Williamson Act Contract,
That cancellation of the Williamson Act Contract is
in the public interest.
WHEREAS, the above findings are based on the following
Cancellation of the Williamson Act Contract 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 County of Kern Assessor has calculated and the
CityCouncil has certified that the cancellation fee
is $320,875.
The cancellation of the Williamson Act Contract is
for land on which a notice of nonrenewal has been
served pursuant to Section 51245 of the Government
Code.
Retaining the Williamson Act
interfere with construction of
improvements.
Contract would
infrastructure
-2-
the
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
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
cancellation of the Williamson Act Contract for the
site herein described subject to payment of the
cancellation fee.
.......... 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 0~C 1Q 19§0 by the
following vote: '
AYES: COUNCILMEMBERS EDWARDS, DeMOND. SMITH, BRUNNI, PETERSON, McDERMOiq'. SALVAGGtO
NOES: COUNCILMEMBERS
ABSENT COUNCILMEMBERS
ABSTAIN COUNCILMEMBEF~S'
TI'_T~' CLE~_K and EX OFFICIO CLE~_K of the
Council of the City of Bakersfield
APPROVED DEC ! 9 1990
CLARENCE E. MEDDERS
l~layor of the City of Bakersfield
APPROVED as to form:
ROBERT M. S~
Acting City Attorney of the City of Bakersfield
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12/28/90