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Home My WebLink AboutRES NO 077-07 RESOLUTION NO. 077- 07 A RESOLUTION ESTABLISHING AGRICULTURAL PRESERVE NO. 1 (LOCATED AT THE SOUTHWEST CORNER OF TAFT HIGHWAY AND WIBLE ROAD) AND ADOPTING RULES GOVERNING THE ADMINISTRATION OF AGRICULTURAL PRESERVES WHEREAS, the City of Bakersfield is authorized to establish agricultural preserves pursuant to the California Land Conservation Act of 1965 (hereinafter the "Williamson Act"; Govt. Code ~~ 51200 - 51297.4); and WHEREAS, pursuant to Government Code section 51230, the City may establish an agricultural preserve for the purpose of defining boundaries of an area within which the City will enter into contracts for the preservation of agricultural lands (Williamson Act contracts); and WHEREAS, the Local Agency Formation Commission (LAFCO) approved Annexation No. 506 on October 24, 2006; and WHEREAS, said annexed area also contains property subject to a Williamson Act contract; and WHEREAS, the City of Bakersfield must succeed to the Williamson Act contract; and WHEREAS, the land which is subject to the Williamson Act contract shall be contained in Agricultural Preserve No. 1 which shall be established pursuant to this resolution; and WHEREAS, pursuant to Government Code section 51231, the City Council, by resolution, shall adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing, and processing requests to establish agricultural preserves and rules related to compatible uses; and WHEREAS, pursuant to Government Code section 51237, whenever an agricultural preserve is established, and so long as it is in effect, a map of such agricultural preserve and the resolution under which the preserve is established shall be filed and kept current by the City with the County Recorder; and WHEREAS, pursuant to Government Code section 51237.5, on or before the first day of September of each year, each city in which any agricultural preserve is located ~~I(s: ~ '9~ ~ ~ .... m _ r- c,;) (;) ORIGINAL S:\GPA 1st 2007\Ag Preserve No. 1\Resolution.doc -- Page 1 of 3 Pages -- shall file with the Director of Conservation a map of each city and designate thereon all agricultural preserves in existence at the end of the preceding fiscal year; and WHEREAS, with certain exceptions, an agricultural preserve shall consist of no less than 100 acres (Govt. Code ~ 51230); and WHEREAS, a 117 acre portion of the Annexation No. 506 is zoned for agricultural use, is under a Williamson Act contract, and shall comprise the acreage of Agricultural Preserve No.1; and WHEREAS, the adoption of this resolution and the procedures set forth therein are exempt from CEQA pursuant to the CEQA Guidelines found in 14 C.C.R. ~ 15317. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bakersfield as follows: 1. The above findings are true and correct and are incorporated herein by reference. 2. The City Council hereby adopts and approves Agricultural Preserve No. 1 as shown on the map attached hereto as Exhibit "A" and incorporated herein by reference. 3. The City Council hereby adopts the Rules Governing the Administration of Agricultural Preserves attached hereto as Exhibit "B" and incorporated herein by reference. 4. The City Council hereby adopts the Rules Related to Compatible Uses as set forth in Exhibit "C" attached hereto and incorporated herein by reference. 5. The City Council directs that a certified copy of this resolution with all attachments be filed in the office of the County Recorder. 6. All land covered by Agricultural Preserve No. 1 is zoned for agricultural uses. 7. The formation of Agricultural Preserve No. 1 is consistent with the Metropolitan Bakersfield General Plan. ---000--- -- Page 2 of 3 Pages -- !( ~~I(~-2 c::> ~ S ~ MlGlNAl. S:\GPA 1st 2007\Ag Preserve No. 1\Resolution.doc 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 APR 11 2007 by the following vote: V Y--.. V"". v- v V-- ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ NOES: ABSTAIN: ABSENT: PAMELA A. McCART , CMC CITY CLERK and Ex fficio Clerk of the Council of the City of Bakersfield APR 1.1 2001 APPROVED: By APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ~--;J ~ )f 1"'1 _ / <' ,. .! . // // By /~<j ,'fII i7?[.~ / 0<-. +~ / ROBERT M. SHERFY y.' Deputy City Attorney Attachments: Exhibits A, B, C RMS:lsc -- Page 3 of 3 Pages -- ~ ~~I(~~ o % ~ - I- m _ r- c,;) (;) ORIGINAL S:\GPA 1st 2007\Ag Preserve No. 1\Resolution.doc o z Ow ....J> ~~ LLW cncn ~W W~ ~a.. e::(....J ale::( LL~ 0:::> >-1- I-....J -:::> 00 - ~ (9 e::( l:! '" "" 11. Q. ~ ~ <( ~ 0 ~ 0 ...z ....I ~~ LL. Gl <( lD ut ci lI? ~~ ~ 11. - e! '"- .- ut n .c <.> Q. ut Z~ .. .a :E :5~<< :E w E C ~ ::; '3 ut 0 ..~ u C 11 li'. )( "D ~ 'C ~ W ~ t2 ~~l5 UJ c C> <.> en CII [Ull U5 Dl ~ . I l _ ~ I " I " ~ C II:: ~ Z g; U ~ ~ 3181M . cnw ww O~ M ('4. I I I I i I I I 1 I I I I .1. OH3NUS t,.... f2 o II:: w ::!1 o II:: o 0:: w -J Cl Z w ~I(~~ % - '" r- t:J IGINAL o .)i,. 5 -'-'l EXHIBIT B RULES FOR THE ADMINISTRATION OF AGRICULTURAL PRESERVES (GOVERNMENT CODE SECTIONS 51231, 51234 AND 51236) 1. Applicants must summit an application to the Planning Department for the creation of an Agricultural Preserve. 2. Within 30 days after receiving such a proposal, the Planning Department shall submit a report to the City Council. 3. The Council may extend the time allowed for an additional period not to exceed 30 days. 4. The report shall include a statement that the agricultural preserve is consistent with the Metropolitan Bakersfield General Plan. 5. Exclusion of land from a preserve shall be in the same manner as indicated above. Removal of any land under a contract from an agricultural preserve shall be the equivalent of a notice of non-renewal as to that portion no longer under within an agricultural preserve. S/GPA 1 st 2007/Ag Preserve No. l/Exhibit B/3-38-07/jrn ~ fQAI(~~ o % ~ - S 6 ORIGINAL Exhibit C AGRICULTURAL PRESERVE STANDARD UNIFORM RULES AS ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AGRICULTURAL AND COMPATIBLE USES ALLOWED BY RIGHT Aaricultural Uses A. Any use permitted in the R-1 zone. B. Accessory agricultural buildings and uses, including farm buildings, housing for agricultural workers, garages and implement shelters, provided no livestock or any building or enclosure used in connection with livestock shall be located nearer than 100 feet to the front lot line, nor nearer than 50 feet to any existing dwelling on any contiguous property, nor nearer than 100 feet to any public park, school, hospital or similar institution. C. Hatching, raising and fattening of chickens, turkeys, or other fowl, or poultry or rabbits, fish or frogs for domestic or commercial use; provided, that no commercial poultry pen or coop or commercial rabbitry shall be maintained on a building site containing an area of less than 1 acre. D. Agricultural and horticultural uses including nurseries, greenhouses, orchards, the keeping of 1 or more beehives or the raising of field crops, tree crops, or vegetable or flower gardening on a commercial scale. E. The keeping of bovine animals, horses, mules, sheep, goats and hogs (none garbage fed); provided, that the number thereof shall not exceed a number per acre equal to 4 adult animals in any combination of the foregoing animals and their offspring and; provided, that in no event shall there be more than 5 hogs kept on any premises. USES PERMITTED SUBJECT TO PLANING DIRECTOR REVIEW AND APPROVAL. The following uses may be permitted subject to review and approval by the Planning Director. A. Private or public open recreational or sporting uses or events for a period of not to exceed 1 week at a time. !( co~K~~ o % .)i,. iTi t: r- (,) t7 ORIGINAL BUILDING HEIGHT, YARDS AND DISTANCE BETWEEN BUILDINGS ON SAME LOT. None, except that on parcels of lots of less than 15,000 square feet in area and recorded as a separate lot in the office of the County Recorder prior to the enactment of Ordinance No. 1010 (1954), the parcel or lot may be occupied by not more than 1 dwelling unit. Regulations shall be the same as required in the R-1 zone; provided that all buildings shall be located not nearer than 110 feet from the centerline of any existing or planned public street or highway. S/GPA 1st 2007/Ag Preserve No. 1/Ag rules from Kern County~m ~ fQ~I(~~ o % >- - I- m _ r- <.:> 0 ORIGINAL