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HomeMy WebLinkAboutRES NO 018-2021RESOLUTION NO. ®1 8_ 2 0 2 1 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 705 LOCATED ON THE SOUTHWEST AND SOUTHEAST CORNERS OF THE PANAMA LANE AND PROGRESS ROAD INTERSECTION (WARD 5). WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the hereinafter -described territory, pursuant to Section 56654 of the Government Code of the State of California; and WHEREAS, the proposed annexation territory is within and consistent with the City of Bakersfield Sphere of Influence boundary; and WHEREAS, the City of Bakersfield agrees to annex the territory located on the southwest and southeast corners of the Panama Lane and Progress Road intersection; and WHEREAS, the City agrees to serve the territory upon annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: The above recitals, incorporated herein, are true and correct. 2. That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B" for the project attached hereto, and made a part of this resolution as though fully set forth herein, located on the southwest and southeast corners of the Panama Lane and Progress Road intersection. 3. That a plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 56653 of the Government Code, is marked as Exhibit "C", attached hereto and made a part hereof as though fully set forth herein. 4. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, and it is requested that proceedings be authorized for annexation in accordance therewith. 5. That the reasons for the proposed change of organization is to provide more efficient municipal services to the territory and the City's desire to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 6. That this proposed annexation territory and the prezoning therefore was adopted by the City Council and a notice of exemption for the annexation is determined to be adequate for the annexation proposal. ok�A��R`s-c� >- m 7. That the laws and regulations relating to the preparation of a notice of exemption as set forth in the California Environmental Quality Act have been duly followed. 8. That the territory proposed for annexation as described herein has been determined to be inhabited pursuant to Section 56046 of the Government Code. 9. That the territory proposed for annexation as described herein has been determined not to have 100% property owners consenting to annexation. 10. That the territory is 100% surrounded by the City and meets the criteria and acreage limits per Government Code Section 56375.3 and therefore, allows for a streamlined Local Area Formation Commission process for "islands" that does not require protest proceedings or elections. 10. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence boundary. 11. That this proposed annexation territory will be incorporated into Ward 5 and the boundaries will be adopted by Ordinance within Bakersfield Municipal Code Chapter 1.12 (Wards). 12. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: Julie Drimakis City Clerk City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Christian Clegg City Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Virginia Gennaro City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 13. That the appropriate City officials shall file the (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 5300 Lennox Street, Suite 303, Bakersfield, and CA 93309. ---------000-------- ORIG;NAL I HEREBY CERTIFY that the forgoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on February 17, 2020, by the following vote: ✓ ✓ J ./ J ✓ AYES COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER: NONE ABSTAIN: COUNCILMEMBER: MOK ABSENT: COUNCILMEMBER: WObk 1, IVA I DRIMA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 17 2021 KARE GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GEN NARO City Attor ey B IRIDIANA LLARDO-KING Deputy City Attorney EXHIBITS: A - Legal Description B - Map C - Plan for Services D - Notice of Exemption c7 O nRIC,IvAL LEGAL DESCRIPTION ANNEXATION NO. 705 "PANAMA NO. 26" TO THE CITY OF BAKERSFIELD PARCEL `A' APNs: 540-010-02,540-010-10,540-010-42, AND 540-010-43 PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 53-09 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0210010597 IN THE OFFICE OF THE KERN COUNTY RECORDER OF SAID COUNTY, AND THOSE PORTIONS OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF PANAMA LANE (COUNTY ROAD NO..4) AND OLD RIVER ROAD (COUNTY ROAD NO. 253); THENCE, NORTH 89014'59" WEST ALONG THE NORTH LINE OF SAID SECTION 29, SAID LINE ALSO BEING THE CENTERLINE OF PANAMA LANE, A DISTANCE OF 1130.68 FEET TO THE NORTHEAST CORNER OF TRACT NO. 6678, FILED FOR RECORD ON FEBRUARY 4, 2014 IN BOOK 60 OF MAPS, PAGES 45 THROUGH 51, IN THE OFFICE OF THE KERN COUNTY RECORDER. THENCE, SOUTH 00036'09" WEST, A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID PORTION OF LAND SITUATED IN SAID NORTHWEST QUARTER OF SAID SECTION 29, SAID POINT BEING ON THE CITY OF BAKERSFIELD CORPORATE BOUNDARY AND THE POINT OF BEGINNING; THENCE, ALONG SAID CORPORATE BOUNDARY, THE FOLLOWING SIX COURSES: Page 1 of 4 v b ORIG NAL (1) SOUTH 00°36'09" WEST ALONG THE EASTERLY BOUNDARY LINE OF SAID TRACT NO. 6678, A DISTANCE OF 460.00 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID TRACT NO. 6678; (2) SOUTH 89°14'59" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 190.07 FEET TO A POINT ON THE WESTERLY PROPERTY LINE OF SAID PARCELS 1 AND 2 OF SAID LOT LINE ADJUSTMENT; (3) SOUTH 00°35'39" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 823.39 FEET TO THE SOUTHERLY PROPERTY LINE OF PARCEL 2 OF SAID LOT LINE ADJUSTMENT, SAID LINE ALSO BEING THE NORTHERLY BOUNDARY LINE OF PHASE 2 OF TRACT NO. 7304, FILED FOR RECORD ON APRIL 14, 2020 IN BOOK 64 OF TRACT MAPS, AT PAGE 42, IN THE OFFICE OF THE KERN COUNTY RECORDER; (4) SOUTH 89°17'28" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 1289.75 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF PROGRESS ROAD (COUNTY ROAD NO. 195); (5) NORTH 00°35'24" EAST, ALONG SAID WESTERLY LINE; A DISTANCE OF 1282.46 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PARCELS 1 AND 2 OF SAID LOT LINE ADJUSTMENT AND SAID PORTIONS OF LAND SITUATED IN SAID NORTHWEST QUARTER OF SECTION 29, SAID NORTHERLY LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID PANAMA LANE; (6) NORTH 89°14'59" WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 1479.66 FEET TO THE POINT OF BEGINNING. CONTAINING 39.99 ACRES END OF DESCRIPTION 7851 - ce I z/t?/20 Page 2 of 4 o�OPKE,4s Y � ORIGINAL PARCEL 'B' APNs: 540-010-12 AND 540-010-13 BEING ALL OF PARCELS 1 AND 2 OF PARCEL MAP NO. 4456 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP FILED FOR RECORD ON DECEMBER 21, 1977 IN BOOK 19 OF PARCEL MAPS, AT PAGE 185, IN THE OFFICE OF THE KERN COUNTY RECORDER OF SAID COUNTY, SAID PARCEL MAP ALSO BEING A DIVISION OF LOT 3 OF THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF PANAMA LANE (COUNTY ROAD NO. 4) AND OLD RIVER ROAD (COUNTY ROAD NO. 253); THENCE, NORTH 89014'59" WEST ALONG THE NORTH LINE OF SAID SECTION 29, SAID LINE ALSO BEING THE CENTERLINE OF PANAMA LANE, A DISTANCE OF 2640.33 FEET TO THE NORTHEAST QUARTER OF SAID SECTION 29, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF PANAMA LANE AND PROGRESS ROAD (COUNTY ROAD NO. 195); THENCE, NORTH 89014'59 WEST, A DISTANCE OF 30.00 FEET, TO A POINT ON SAID NORTH LINE OF SAID SECTION 29; THENCE, SOUTH 00035'24" WEST, A DISTANCE OF 30.00 FEET, TO THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 4456, SAID POINT BEING ON THE CITY OF BAKERSFIELD CORPORATE BOUNDARY AND THE POINT OF BEGINNING; THENCE, ALONG SAID CORPORATE BOUNDARY, THE FOLLOWING FOUR COURSES: (1) SOUTH 00035'24" WEST, ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL MAP NO. 4456, SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PROGRESS ROAD, A DISTANCE OF 622.20 FEET, TO THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 4456; Page 3 of 4 � m v o ORIG,NAL (2) SOUTH 89-17'15" EAST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL MAP NO. 4456, A DISTANCE OF 1289.28 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL MAP NO. 4456; (3) NORTH 00°34'28" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL MAP NO. 4456, A DISTANCE OF 621.28 FEET TO THE NORTHEAST CORNER OF SAID PARCEL MAP NO. 4456, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID PANAMA LANE; (4) NORTH 89°14'47" WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1289.12 FEET TO THE POINT OF BEGINNING. CONTAINING 18.40 ACRES END OF DESCRIPTION 12./17/u Page 4 of 4 0�$NK,6 r vnair,,NAII �N,JlNO� (3) VO'34'28 "E `521.28' COR. SEC. 20, 30/27 M.D.M. UNTY SURVEYOR'S CONCRETE 57AMPED FOR CORNER PER NO. 15-1995 RECORDED AS DOC. NO. 0207245005. � GOSFORD ROAD - ANNEXATION No. 705 PANAMA NO. 26 EXHIBIT "C" PLAN FOR PROVIDING SERVICES SERVICES Agency Which Presently Provides Check Services Which City/District Indicate How Services Provided by Service Will Provide Upon Future Date Annexation (specify) City/District will be Financed (i.e., general tax rate or special assessment.) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation COUNTY CITY GENERAL TAX REVENUES Library COUNTY COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection CITY CITY GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping COUNTY CITY GENERAL AND GAS TAX REVENUES Lighting COUNTY CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage PRIVATE PRIVATE USER FEE & PRVT. DVMT. Water PRIVATE PRIVATE USER FEE Other REFUSE COUNTY CITY USER FEE S:WNNEXATIOMAnnex 7051EXHIBIT C.doc 1. Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Service Level Capacity Indicate location from which service Indicate frequency and availability will be provided (i.e. nearest fire of service (i.e., street sweeping, station, library, etc.) response time for emergency services, rec. proorams, etc. POLICE - Police services will be administered by the City Police Department 24-hour patrol is provided in the immediate vicinity of this located at the 1601 Truxtun Avenue approximately 12 miles Northeast of the annexation. First priority response is approximately 7 annexation. minutes or less. FIRE - Service is provided by the City of Bakersfield Fire Station No. 814 located Fire protection is provided on a 24-hour basis. The at 5815 Mountain Vista Drive, Kern County, CA, pursuant to exchange wherein annexation will not affect City or County Fire service the County protects certain property within the City's jurisdiction. Thus, the capability or response time. County incurs the cost of providing fire protection and retains the fire fund collection from City's taxpayers pursuant to City of Bakersfield Joint Powers Agreement 05-329. PARKS AND RECREATION - The annexation project is within the jurisdiction of Existing neighborhood Parks (City, County & NORSD) are the City of Bakersfield Recreation and Parks District and is subject to all adopted open to the public at reasonable hours. requirements and standards of the department. LIBRARY - Area is served by Kern County Library System. Existing libraries are open to the public at reasonable hours. STREETS -The City Corporation Yard at 4101 Truxtun Avenue will provide There will be no reduction in the range capacity of the City necessary facilities, personnel and services to accommodate Public Works to provide the necessary public work services to this area. efforts. Services will be on a regular basis and "as needed". CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING - Maintenance and (see above) personnel will be dispatched from the City Corporation Yard at 4101 Truxtun Avenue on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting when located within the City's right of way. SEWER — This annexation is within the service area of the City of Bakersfield Adequate capacity exists. Treatment Plant No. 3. WATER - This annexation is within the service area of the City of Bakersfield Adequate capacity exists. Water Resources. OTHER - (Refuse) -When annexed, service will be provided by the City either by City refuse pickup is once or twice a week. GIT Y O City forces or by contracts with a franchise refuse collector. o a] NNEXATION\Annex 705\EXHIBIT C.doc 2 2 NOTICE OF EXEMPTION TO: _ Office of Planning and Research PO Box 3044, 1400 Tenth Street, Room 222 Sacramento, CA 95812-3044 X County Clerk County of Kern 1 1 15 Truxtun Avenue Bakersfield, CA 93301 FROM: City of Bakersfield Planning Department 1715 Chester Avenue Bakersfield, CA 93301 Project Title: City of Bakersfield - Annexation No. 705 (Panama No. 261 Project Location -Specific: southwest and southeast corners of the Panama Lane and Road intersection Project Location -City: Bakersfield Project Location -County: Kern Description of Project: The action is a request to annex property into the City of Bakersfield. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Development Services Department - Planning Division Exempt Status: X Ministerial (Sec.21080(b) (1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b) (4); 15269 (b) (c)); Categorical Exemption. State type and section number Statutory Exemptions. State section number. Project is exempt from CEQA pursuant to Section. 15319(a) Annexations Reasons why project is exempt: The action is the annexation of an existing private residential neiahborhood. The area contains existina public and/or orivate structures developed to the density allowed by the current zoning or pre -zoning and utility services to the existing facilities have a capacity to serve the existing facilities. There is no possibility that this type of action would have a sianificant effect on the environment and therefore, the action is not subiect to CEQA. Lead Agency: Contact Person: Steve Esselman Telephone/Ext.: (661) 326-3786 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 Date: 2/18/21 Title: Principal Planner x Signed by Lead Agency Date received for filing at OPR: Signed by Applicant o`��AK�9N � o ORIG NAL