Loading...
HomeMy WebLinkAboutRES NO 114-93RESOLUTION NO. 114-93 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 378, UNION NO. 10 ANNEXATION (WARD 1). 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 THURSDAY, MARCH 18, 1993, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as UNION NO. I0 ANNEXATION, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 12-93 on March 18, 1993, the Planning Commission recommended approval of the prezoning of the annexation 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 56800 of the Government Code of the State of California. NOW, TH!~REFORE, 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 described 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. 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 Local Government Reorganization Act of 1985, and it is requested that proceedings be authorized for annexation in accordance therewith. 4. That the reasons for the proposed change of organization are that the owners and residents of the affected territoW 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. 5. That for this proposed annexation and the prezoning therefor, Ordinance No. 35-31, which was adopted May 26, 1993, 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 February 11, 1993. 6. That the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in the California Environmental Quality Act and City of Bakersfield Resolution No. 107-86 have been duly followed and the Negative Declaration for this proposed annexation is hereby approved and adopted. 7. That the territory proposed for annexation as described herein has been determined to be inhabited pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Section 56046 of the Government Code. 8. 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: City Clerk City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Lawrence M. Lunardini City Attorney City of Bakersfield 1501 Traxtan Avenue Bakersfield, CA 93301 9. 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 ......... 2 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 JUN 2 11 1153 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED VICE-~iAYOR [ ROVED as to form: MO/pjt Attachments: Exhibit A Exhibit B Exhibit C res~roa.u 10 June 3, 1993 3 EXHIBIT 'A' UNION NO. 10 ANNEXATION NO. 378 A parcel of land consisting of portions of Sections 31 and 32 in Township 29 South, Range 28 East, and portions of Sections 4, 5, and 6 in Township 30 South, Range 28 East, M.D. M., Kern County, California, being more particularly described as follows: Beginning at a point in the north 1/2 of said Section 4 being the point of intersection of the south right of way line of State Route VI-KER-58 (Freeway 58) and the east right of way line of Washington Street (County Road No. 2927), said point also being on the existing corporate boundary of the City of Bakersfield; THENCE departing from said corporate boundary westerly along the south right of way line of said State Route VI-KER-58 for the following (14) courses: THENCE (1) North 74' 20' 20" West, 43.90 feet; THENCE (2) North 88' 52' 01" West, 41.00 feet; THENCE (3) South 77' 18' 06" West, 41.67 feet; THENCE (4) North 89' 28' 00" West, 1349.96 feet to the beginning of a 5000.00 foot radius curve concave southerly; THENCE (5) Westerly along said curve through a central angle of 05' 34' 02" an arc distance of 485.83 feet; THENCE (6) South 84' 57' 58" West, 146.45 feet; THENCE (7) South 84' 14' 00" West, 161.12 feet; THENCE (8) South 89' 44' 07" West 50.00 feet; THENCE (9) South 83' 46' 25" West, 100.82 feet; THENCE (10) South 84' 57' 58" West, 195.96 feet to an angle point for the east right of way line of Cottonwood Road; THENCE (11) North 88' 47' 49" West, 168.34 feet to an angle point for the west right of way line of Cottonwood Road; THENCE (12) North 84' 23' 09" West, 278.01 feet; THENCE (13) North 88' 52' 52" West, 441.23 feet; THENCE (14) North 84' 18' 29" West, 388.52 feet southeasterly right of way line of the Southern Asphalto Branch; to a point on the Pacific Railroad, THENCE (15) North 85' 52' 31" West, 125.36 feet to the point of intersection of the south right of way line of said state route and the northwesterly right of way line of said railroad; THENCE (16) South 41' 12' 50" West, along said railroad right of way line, 2712.13 feet (more or less) to a point on the northerly right of way line of the East Branch Kern Island Canal as described in Grant of Right of Way Deed filed in Book 128, Page 254 of official records in the Office of the Kern County Recorder; THENCE (17) Northwesterly and westerly along said canal right of way line (through the West 1/2 of said Section 5) to a point on the east right of way line of Union Avenue (County Road No. 97 and No. 2380); THENCE (18) South 00' 05' 00" West, along said Union Avenue right of way line, 336.94 feet to a point of intersection with the south right of way line of Belle Terrace (County Road No. 286); THENCE (19) South 89' 58' 40" West to the point of intersection of the west right of way line of Union Avenue and the south right of way line of Belle Terrace (County Road No. 568); THENCE (20) South 89' 58' 00" West, along said Belle Terrace south right of way line, 2539.65 feet to an angle point on the existing corporate boundary of the City of Bakersfield; THENCE (21) Proceeding (in the northerly direction) along the various courses of said existing corporate boundary to the point of beginning. Containing 634.14 acres (more or less) 21) (21) STATE ROUTE VI ~ KER- 58 T. 29 S., R.28 E. M.D.M. T. 30 S., R, 28 E, P. O.B. I$) 4 ANNEXATION OF UNION AVENUE No. I0 EXHIBIT "B" PLAN FOR PROVIDING SERVICES ANNEXATION NO. 378 (UNION NO. 10) SERVICES Aqenc¥ Which Check Services Which Indicate How Services Presently Provides City/District Will Provided Bv Service Provide Citv/Di$~ric~ will be Financed (i.e., upon Future Date aeneral tax rate or Annexation (specify) special assessment.) Planning COUNTY CITY GENERAL TAX REVENUES Parks and COUNTY CITY N/A Recreation Library COUNTY N/A N/A Police SHERIFF & HIGHWAY CITY GENERAL TAX REVENUES Protection PATROL Fire Protection CITY CITY GENERAL TAX REVENUES FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction COUNTY CITY NEW STREETS WILL BE CONSTRUCTED BY PRIVATE DEVELOPMENT IN MOST CASES Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping NONE CITY GENERAL AND GAS TAX REVENUES Lighting COUNTY CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage COUNTY DISTRICT CITY USER FEE Water CALIFORNIA WATER USER FEE SERVICE COMPANY Other (REFUSE) FRANCHISE COLLECTOR CITY USER FEE D 4:ANNEX378 EXHIBIT "C" 1 1. Please provide the following information, when applicable, only for service which will be provided by the applicant to the 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. programs, etc. POLICE-All police services in the City of Bakersfield are administered through the City Police Department located at the s~v corner of Truxtun Avenue and Eye Street approximately one mile northwest of the annexation. FIRE-Cit~ station No. 6 will continue to serve the entire area and is located on Brundage Lane Westerly of Union Avenue. Because the City is providing fire protection service, the fire fund collected from the City's taxpayers must be transferred to the City. PARKS AND RECREATION-Martin Luther King Jr. Park and Wayside Park are located at the Northerly and Southwesterly ends of the annexation area. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 will provide necessary facilities, personnel and services to accommodate Public Works efforts. CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Maintenance and personnel will be dispatched from the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting. SEWER-City sewers exist in Brundage Lane and Union Avenue, however, virtually the entire area is served by the County Union Avenue Sanitation District and the City will take jurisdiction by detachment either concurrent with of immediately following the Annexation proccess. WATER-This area will continue to be served by the Callrornia Water Service Company. OTHER-(Refuse)-Present refuse collection is provided by a franchise refuse collector. When annexed, service will be provided by the City either by City forces or by contracts with the same collector if at all possible. 24 hour patrol is provided in the immediate vicinity of this annexation. First priority response is approximately 7.00 minutes or less. Fire protection is provided on a 24-hour basis. The annexation will not affect City Fire service capability or response time. All City Parks are open to the public at reasonable hours. N/A There will be no reduction in the range capacity of the City to provide the necessary public work services to this area. Services will be on a regular basis and "as needed". Adequate capacity exists. Adequate capacity exists. City refuse pickup is twice a week. D 4:ANNEX378.2 Ill. 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 of this territory will have some effect on the near term level or capability of the City to provide needed services. The entire area is basically an established, built-out territory with only a few undeveloped parcels remainina mostly in the area South of Brundace Lane. It is Possible that additional police officers would be reouired to maintain the currect level of city service. IV. 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 residents be responsible for financing? If any future develooment should occur, the developer provides and Days for major facilities and dedicates them to the City. No uDaradino or change in facilities will be reGuired in the territory for annexation. Indicate and explain existing zoning in affected territory. The existing zoning is comprised of County R- 1 (Low-Density Residential), R-2 (Medium Density Residential), R-3 (Hich Density Residential), R-3 PD (HiGh Denistv Residential, Precise Development CombininG), C-1 (Neichborhood Commercial), C-2 (General Commercial), C-2 PD (General Commercial. Precise Development CombininG), M-1 (Licht Industrial), M-2 (Medium Industrial), M-1 PD (Licht Industrial, Precise Development Combininc) and M-2 PD (Medium Industrial, Precise Development CombininG) zones. A Portion of the area is within the Casa Loma sDecific Plan area whereby the designated zoninc is in effect for both City and Countv (See mad on PaGe 5 for locations). V1. 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 orezoned to City R-1 (One Family Dwellinc), R-2 (Limited MultiPle Family Dwelling), R-3 (Limited Multiple Family DwellinG), C-1 (NeiGhborhood Commercial), C-2 (ReGional Commercial), M-1 (LiGht ManufacturinG) and M-2 (General Manufacturina) zones. The orezoninG acknowledces and is compatible with existinc zoning and should have no effect on present land use (See Pace 6 for locations). 3 VII. VIII A. 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 matter than present County Sheriff service. The present City refuse collection rate is substantially lower than fees county occupants now DaY to independent companies. No special assessment or charces for street sweepinc. leaf collection, school crossinc cuards, street lichtinc enercv costs and fire hydrants. City Government also provides increased Doliticial representation for residents of the City. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area. The existinc tax rate in the area ecuals 1.157714% of assessed market value. This represents the total property tax rate. When annexed a desicnated percentage of the total ProPertY tax of the area will accrue to the City and the remainder to the County for Drovidinc health care and social services. (Rate as shown on 1992-93 County Auditor-Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. Yes, when annexed, the rate will be increased to 1.160114% of assessed market value which ecuals the City bond rate of 0.002400% and the existinc property tax rates. How will the difference in tax rates affect a property with a market value of $50,000.00? The City Bond rate of 0.002400% amounts to a difference of $1.20 more Der year on a Property of this value. RTY:lh D 4:ANNEX378.4 CALIFORNIA AVENUE I ~BELLE I TERRACE L~ UNION NO. 10 ANNEXATION EXISTING ZONING EAST CALIFORNIA AVENUE STATE HIGHWAY -5- 58 R28E T30S, R28E UNION NO. 10 ANNEXATION PROPOSED PREZONING 5397 CALIFORNIA AVENUE ~ EAST CALIFORNIA AVENUE STATE 8RUNDAGE HIGHWAY 58 T29S R28E T30S, R28E IBELLE I TERRACE L 4