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Home My WebLink AboutRES NO 014-11RESOLUTION NO. 014- 11 A RESOLUTION TO ALTER AGRICULTURAL PRESERVE NO. 1 TO INCLUDE 19.55 ACRES (LOCATED NORTH OF ENGLE ROAD AND WEST OF STINE ROAD), AND 237.27 ACRES (LOCATED NORTH OF KRATZMEYER ROAD AND WEST OF SANTA FE WAY) INTO THE BOUNDARIES OF CITY AGRICULTURAL PRESERVE NO. 1. WHEREAS, the Williamson Act authorizes cities to adopt procedures to establish and administer agricultural preserves (Govt. Code 51 200 - 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 can enter into contracts for the preservation of agricultural lands (Williamson Act contracts); and WHEREAS, the property located north of Engle Road and west of Stine Road is in the process of being annexed into the City of Bakersfield; and WHEREAS, the property located north of Kratzmeyer Road and west of Santa Fe Way is in the process of being annexed into the City of Bakersfield; and WHEREAS, said properties are subject to a Williamson Act contract; and WHEREAS, for the site located north of Engle Road and west of Stine Road a Notice of Nonrenewal was filed on July 11, 2006; and WHEREAS, for the site located north of Engle Road and west of Stine Road the Williamson Act contract will expire on December 31, 2015; and WHEREAS, the City of Bakersfield must succeed to the Williamson Act contracts for both areas upon annexation; and WHEREAS, by Resolution No. 77-07, the City Council of the City of Bakersfield did establish Agricultural Preserve No. 1 that is comprised of 117 acres and located at the southwest corner of Taft Highway and Wible Road; and WHEREAS, said subject lands located north of Engle Road and west of Stine Road, and north of Kratzmeyer Road and west of Santa Fe Way shall be added and included into Agricultural Preserve No. 1; and WHEREAS, pursuant to Government Code Section 51231, the City Council, by Resolution 23-09, has adopted procedures for initiating, filing and processing request to establish, disestablish, enlarge and diminish agricultural preserves; and WHEREAS, pursuant to Government Code Section 51237, whenever an agricultural preserve is established and or altered, and so long as it is in effect, a map of such 1 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 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, Annexation No. 573, consisting of 19.55 acres is under a Williamson Act contract, and shall be included into Agricultural Preserve No. 1; and WHEREAS, 237.27 acres within Annexation No. 623 is under a Williamson Act contract, and shall be included into Agricultural Preserve No. 1; and WHEREAS, for land annexed under a Williamson Act contract, the city shall succeed to all rights, duties, and powers of the county under the contract; 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; and WHEREAS, the Notice of Exemption is attached as Exhibit "B"; and 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 alteration to Agricultural Preserve No. 1 is found to be consistent with the Metropolitan Bakersfield General Plan. 3. The City Council hereby adopts and approves an alteration to include a total of 256.82 acres of land under Williamson Act contract to Agricultural Preserve No. 1 shown on the maps attached hereto as Exhibit "A" and incorporated herein by reference upon annexation into the City of Bakersfield. 4. City Council by Resolution 23-09, which adopted the Rules Governing the Administration of Agricultural Preserves and rules related to compatible uses are hereby incorporated herein by reference. 5. That the Notice of Exemption is hereby approved and adopted. 6. The City Council hereby directs that a certified copy of this resolution with all attachments be filed in the office of the County Recorder. ---------000-------- 2 p~AKF', HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the FE Council oEf 1 6 the 2011City of Bakersfield at a regular meeting thereof held on by the following vote: R COUNCILMEMBER: --S NCILMEMBER: COU ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ,i ✓ ✓ ✓ SA AS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, RUSSELL ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: FEB 1 6 2011 0,01 HARVEY L. HALL Mayor APPROVED TO FORM: VIRGINIA NARO City Atto y By: a Attachments: Exhibit A Maps Exhibit B Notice of Exemption DL:\\S:\Ag Land Info\Ag Land Preservation\Ag Preserve No 1\Ag Pre 1 (10-0573- alteration) \Resolution.doc --3-- i J ""AL ~ i,= EXHIBIT A AGRICULTURAL PRESERVE NO. 1 LOCATION MAP E~ J ALTERATION TO CITY AGRICULTURAL PRESERVE NO. 1 PROJECT NO. 10-0573 _ -y i T I ~7~7 r 11 L~t - } il'k` ~J f I LJ I l _ I ir, ~t l 11LLi1>_~ I'- I~~~~` •1 11~ iT T-r- 1 .1' l l l rY D 11 MC KEE RD -I _ ~LLLLJLY l i; 77,01171-7711 ~.tl J ~ ! I ftftiiitttt ~f' ' 1 , 1 ICI } j ZT ~ i I iT7T~1 } •11,LW11I ~ T1 f ITl-`~{"' 1 ~~'-j _ f f ut Y~IlIIT , I 7- i ui f L -11 i W u1 ti 0, l 111, 1~ - - - _1 ~ T HWY _ 1 ) _T ° S u '-l 1 - r T _ } T30S R27E i ! r ~T31 S; R27E ~ ' - - y I l W a iu=~ . Z - - - Z i W W CURNOW RD - - = _ L EXISTING AG PRESERVE m N0. 1 - LEGEND L.._.J CITY LIMITS GAS PIPELINE I N J - ENGL E RD - - 0 750 1,500 Feet 121001 ALTERATION TO CITY AGRICULTURAL PRESERVE NO. 1 PROJECT NO. 10-0573 ~~n nc CuALTCO I \ \ I W N SU - \ - LLIVAN RD- -----a p - ---v_1 - r _ - .REINA°Rl ¢ (7 Z \ 0 \ t - - - - -F - 0 1,000 2,000 - • , w _ ` _ y - Feet R26E T29S G. - NORIEGARD - - , y EXHIBIT B NOTICE OF EXEMPTION NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City of Bakersfield Development Services Department-Planning Div. 1715 Chester Avenue Bakersfield, CA 93301 X County Clerk, County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: An "Alteration" to the City of Bakersfield's Agricultural Preserve No 1 to enlarge Agricultural Preserve No. 1 by including a 19.55 acre parcel of land located north of Engle Road west of Stine Road and 237.27 acres, located north of Kratzmeyer Road generally west of Santa Fe Way. Project Location-Specific: A parcel of land located north of Engle Road west of Stine Road (Assessor's Parcel No. 184-220-17) and two parcels of land located north of Kratzmeyer Road generally west of Santa Fe Way (Assessor's Parcel Nos. 463-030-32 & 463- 030-33). Project Location-City: Bakersfield Project Location-County: Kern Description of Project: The property includes 19.55 acres of undeveloped land located north of Engle Road west of Stine Road and 237.27 acres of land located north of Kratzmeyer Road generally west of Santa Fe Wav The properties are in the annexation process Annexation 573: Ashe No. 9 and Annexation 623: West Rosedale Ranch and currently under a Williamson Act Contract. Pursuant to Government Code Section 51242, land under contract must be within an area designated as an agricultural preserve. Therefore, the City proposes an "alteration" to Agricultural Preserve No Ito include the 19.55-acre parcel (property also known as Annexation No. 573, Ashe No 9) and the 237.27 acres (a portion of Annexation No 623• West Rosedale Ranch) These properties currently have residential land use designations and zoned A (Agriculture) By statute no development can occur, other than agriculture uses, on the properties while under a land use contract. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: City of Bakersfield Exempt Status: _ Ministerial (Sec.21080(b)(1); 15268)); _ Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number. 15317. Open Space Contracts or Easements Statutory Exemptions. State code number. Reasons why project is exempt: Per Section 15317 of the California Environmental Quality Act the establishment or alteration of an agricultural reserve is categorically exempt. The properties are 19.55 and 237.27 acres currently under Williamson Act Contract and will be included within City _Agricultural Preserve No 1 (which is over 100 acres)Thus pending the public hearing-, and adoption of the resolution ma and uniform rules the requirements for the creation or alteration of an agricultural reserve will be satisfied. This action is specifically exempt from CEQA Lead Agency: City of Bakersfield Contact Person: Martin Ortiz PrinciPal Planner Area Code/Telephone/Extension: (661) 326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes X No Signature: X Signed by Lead Agency Nv Date: February _17, 2011 Title: Principal Planner Date received for filing at OPR: _ Signed by Applicant S:\Ag Land Preservation\NOE Ag Presme.doc