HomeMy WebLinkAboutRES NO 023-09RESOLUTION NO. O 2 3 ~ 9
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD REGARDING ESTABLISHMENT OF
AGRICULTURAL PRESERVES AND PROCEDURES FOR
INITIATING, FILING AND PROCESSING REQUESTS TO
ESTABLISH, DISESTABLISH, ENLARGE AND DIMINISH
AGRICULTURAL PRESERVES WITHIN THE CITY OF
BAKERSFIELD
WHEREAS, the Williamson Act (Government Code Section 51200 et seq.)
authorizes cities to adopt procedures to establish and administer agricultural preserves;
and
WHEREAS, Government Code Section 51230 authorizes cities to establish
agricultural preserves by resolution; and
WHEREAS, Government Code Section 51231 authorizes cities to establish by
Resolution the procedures for initiating, filing and processing requests to establish,
disestablish, enlarge and diminish agricultural preserves; and
WHEREAS, Section 51235 of said Act provides cities acquiring jurisdiction over
land in a preserve by annexation shall have all the rights and responsibilities specified in
the Act; and
WHEREAS, the Council of the City of Bakersfield determines that the cost of
processing requests to establish, enlarge, diminish, or disestablish an agricultural
preserve or to cancel a contract should appropriately be borne by the person requesting
such action.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
by reference.
That the above recitals are true and correct and are incorporated herein
2. That the uniform rules and procedures for agricultural preserves within the
City of Bakersfield as provided in the Williamson Act (Government Code Section 51200
et seq.) shall be as follows:
Permitted uses:
The following uses shall be considered appropriate uses on land within an
agricultural preserve, and shall be considered "compatible uses" for the purposes
of implementation of the Williamson Act:
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Uses shown permitted pursuant to Government Code Sections 51231 and
51238.1, and as enumerated in Section 17.32.020 of the City of
Bakersfield Zoning Ordinance.
Establishment, enlargement, diminishment and disestablishment of Agricultural
Preserves:
Applications for establishment, enlargement, diminishment, and
disestablishment of agricultural preserves shall be filed on a form
approved by the Development Services Director or his/her designated
representative, and shall be submitted to the Planning Division of the
Development Services Department.
2. At the time of filing an application for establishment, enlargement,
diminishment, or disestablishment of an agricultural preserve, the
applicant shall pay a fee not to exceed the cost of processing and
reviewing the application as set forth in Chapter 3.70.
3. Review of applications for establishment, enlargement, diminishment, or
disestablishment of agricultural preserves shall be in accordance with the
Williamson Act.
4. The City Council shall approve the establishment, enlargement,
diminishment, or disestablishment of agricultural preserves by resolution.
5. Prior to approval of any request for establishment, enlargement,
diminishment, and disestablishment of Agricultural Preserves, the City
shall require that the applicant indemnify the City from any liability arising
out of the action.
Williamson Act Contracts:
Contracts shall be administered in accordance with the Williamson Act.
2. When the City succeeds to a contract through the annexation process, the
Development Services Director or his/her designated representative shall
request that the Kern County Resource Management Agency provide the
City with all documents and records pertaining to that contract and
preserve.
Nonrenewal of a Contract:
Notices of nonrenewal of a contract made by the City or by the landowner
may include a portion or all of the land included within the contracted area,
so long as any land remaining under contract conforms to minimum
standards established in the Williamson Act.
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ORIGINAL
2. Notices of nonrenewal shall be filed on a form approved by the
Development Services Director, and shall be submitted to the Planning
Division of the Development Services Department.
3. At the time a notice of nonrenewal is filed, the applicant shall pay a fee not
to exceed the cost of processing and reviewing the notice as set forth in
Chapter 3.70.
4. The Development Services Director or his/her designated representative
shall record a copy of the notice of nonrenewal with the Kern County
Recorder within 20 days of receipt of the notice of nonrenewal.
5. The Development Services Director or his/her designated representative
shall deliver a copy of the notice of nonrenewal to the Director of the
Department of Conservation within 30 days of receipt of the notice of
nonrenewal.
Cancellation of a Contract:
1. A contract may not be canceled except pursuant to a request by the
landowner, and as provided in the Williamson Act.
2. Applications for cancellation of a contract shall be filed on a form approved
by the Development Services Director or a designated representative, and
shall be submitted to the Planning Division of the Development Services
Department.
3. At the time of filing an application for cancellation of a contract, the
applicant shall pay a fee not to exceed the cost of processing and
reviewing the application as set forth in Chapter 3.70.
4. The application for cancellation of a contract shall not be considered
complete for filing until such time as an application for an alternative land
use has been filed with the Planning Division of the Development Services
Department.
5. Upon the filing of a completed application, the Development Services
Director or his/her designated representative shall forward a copy of the
application to the Kern County Assessor with a request to determine the
amount of cancellation fees that the landowner must pay, pursuant to the
Williamson Act.
6. The procedure for review and approval of a request for cancellation shall
be conducted by the City in accordance with the provisions in the
Williamson Act.
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p~t1GINAL
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
f,F„S 2.5 2~Ilg by the following vote:
YES:.
ABSTAIN:
ABSENT:
COUNCILMEM
COUNCILMEM
COUNCILMEM
COUNCILMEM
PAMELA A. McCARTHY, C C
CITY CLERK and Ex Offici lerk of the
Council of the City of Bakersfield
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Al~orney
By:
J F .R N BILLINGSLEY
sociate ity Attorney
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ORIGINAL
APPRnVED~ FEB 2 5 2909