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HomeMy WebLinkAboutRES NO 023-03RESOLUTION NO. 0 2 3 ' 0 3 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 441 LOCATED ALONG THE WEST SIDE OF ALLEN ROAD, NORTH OF NORIEGA ROAD. (WARD 4). WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, JULY 14, 1997, and THURSDAY, JULY 17, 1997, on the prezoning for the territory, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 53-97 on July 17, 1997, the Planning Commission recommended approval and adoption of the prezoning by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and 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 proposed annexation territory is within the Greater Bakersfield Separation of Grade District; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property owner of the territory has consented to annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: 1. 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" attached hereto and made a part of this resolution as though fully set forth herein, located west of Allen Road, north of Noriega Road. 2. 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. 3. 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. 8. 9. 10. 11. That the reasons for the proposed change of organization are that the owners of the affected territory desire to receive municipal services from the City of Bakersfield, and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. That for this proposed annexation territory and the prezoning therefore, Ordinance No. 3819, which was adopted January 28, 1998, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment. A Negative Declaration was prepared and posted on November 7, 1997. That the laws and regulations relating to the preparation and adoption of the environmental document as set forth in the California Environmental Quality Act have been duly followed. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. That the territory proposed for annexation as described herein has been determined to have 100% of property owners consenting to annexation. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence Boundary. That the Local Agency Formation Commission waive the protest hearing proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000. 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: Pamela A. McCarthy City Clerk City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Bart Thiltgen City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 2 12. That the appropriate City officials shall file ten (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 2700 "M" Street, Suite 302, Bakersfield, California 93301. ......... 000 ......... ~ 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 FEB by the following vote: AYES: NOES: ABSTAIN: ABSENT: OOUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ PAMELA A. McCARTHY, CM~/ CITY CLERK and Ex Officio C~erk of the Council of the City of Bakersfield APPROVED FEB HARVEY L H~.LL Mayor of the City of Bakersfiel~ APPROVED as to form BART J. THILTGEN City Attorney MO:djl December 30, 2002. S:~Annexation\Res of Applic~ann441 .roa.doc 3 EXHIBIT "A' "ALLEN ROAD NO. 9" ANNEXATION NO. 441 That parcel of land being portions of the west ½ of Section 13 and the east ½ of Section 14, T. 29 S., R. 26 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the west ¼ corner of said Section 13, also being the point of intersection of the center lines of Alien Road (Co. Rd. No. 67 & 2817) and Noriega Road (Co. Rd. No. 715), said point being a monumented ¼ corner calculated to be 2,335,745.129 feet North and 6,220,299.827 feet East per California Coordinate System (NAD. 83), Zone 5; Thence S 89° 13' 54" E, along the mid-section line of said Section 13, a distance of 30.00 feet to intersect the northerly prolongation of the east right of way line of Allen Road, said point also being on the existing corporate boundary of the City of Bakersfield; Thence S 00© 42' 48" W, along said prolongation line and corporate boundary line, 30.00 feet to intersect the south right of way line of Noriega Road, said point being the TRUE POINT OF BEGINNING; Thence (1) S 00© 42' 48" W, along the east right of way line of Allen Road, 25.00 feet to intersect the south line of the north 55 feet of the southwest '~ of said Section 13; Thence (2) N 89° 13' 54" W, along said south line, 30.00 to intersect the east line of the southeast ¼ of said Section 14; Thence (3) N 89° 17' 37" W, along the south line of the north 55 feet of the southeast of said Section 14, a distance of 491.77 feet to the beginning of a 2055.00 foot radius tangent curve concave northeasterly; Thence (4) northwesterly along said curve through a central angle of 45° 10' 06" an arc distance of 1620.03 feet; Thence (5) N 44° 07' 31" W, 778.07 feet; Thence (6) N 45° 52' 29" E, 55.00 feet to intersect the center line of the future alignment of Noriega Road as shown on "Tentative" Parcel Map No. 10930 on file in the County of Kern, Office of Engineering and Survey Services, said point also being the most westerly corner of Parcel 4 of said Tentative Parcel Map No. 10930; Thence along the northerly boundary line of said Parcel 4 for courses (7) through (10) as follows: Thence (7) N 45° 52' 29" E, 243.26 feet; Thence (8) N 44° 07' 31" W, 64.00 feet; Thence (9) N 45° 52' 29" E, 925.44 feet; Thence (10) S 89° 15' 53" E, 1675.39 feet to intersect the east line of the northeast ~ of said Section 14, also being the center line of Allen Road; Thence (11 ) S 89© 15' 53" E, 30.00 feet to intersect the east right of way line of Allen Road, also being the existing corporate boundary of the City of Bakersfield; Thence (12) S 00° 43' 03" W, along said right of way line and corporate boundary line, 2010.27 feet to intersect the south line of the northwest % of said Section 13 (center line of Noriega Road); Thence (13) S 00© 42' 48" W, along said corporate boundary line, 30.00 feet to the TRUE POINT OF BEGINNING. Containing 94.36 acres (more or less) Z< O0 < Ill. IV. Vii. What effects, if any, would annexation of this territory have on the existing level of city/district services (i.e., need for additional emergency service personnel or construction of new facilities, etc.)? The annexation will not affect the near term level or capability of the City to provide needed services. At the time of development~ additional police officers could possibly be required to maintain the current level of city service. Tire planned future development of public streets and municipal facilities within the areas will increase the future maintenance responsibility of the City but should not affect the existing level of service. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fire hydrants, mains, etc.): If so, would city/district or residen~rs be responsible for financing? Private development provides and pays for major facilities and dedicates them to the City. No upgrading or change in facilities will be required in the areas for annexation. The area is now vacant and the proposed use is for residential development. Indicate and explain existing zoning in affected territory. The annexation area is presently zoned County A (Agriculture) Zone. Indicate and explain proposed prezoning in area. (List effects on present land use that would occur as a result of annexation such as maintenance of livestock on property, etc.) The area is prezoned City A (Agriculture) Zone. The prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan designation. The applicant is presently pursuing a City General Plan Amendment changing zoning to City R-I (one family dwelling) Zone. List city/district services that area will directly or indirectly benefit from such as decrease in fire insurance rate, shorter emergency response time, use of community facilities, etc. City Police should be able to respond in a more timely manner than present County Sheriff services. The present City refuse collection rate is substantially lower than fees county residents now pay to independent companies. No special assessments or charges for street sweeping, leaf collection, street lighting energy costs and fire hydrants when located within the City's incorporated area. City government also provides increased political representation for the residents within the corporate limits. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area. The existing tax rate in the areas equals 1.21057% of assessed market value. This represents the total property tax rate. When annexed a designated percentage of the total property tax of the areas will accrue to the City and remainder to the County for providing health care and social services. (Rate as shown is for County Auditor- Controller 2002 Lien Date). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No, the last listed (1992-93) City bounded indebtedness has been paid off and the current tax rate list shows no city bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.00? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. 3 0