HomeMy WebLinkAboutRES NO 28-92RESOLUTION NO. 28-92
A RESOLUTION REQUESTING RECONSIDERATION
ON THE DECISION BY THE LOCAL AGENCY
FORMATION COMMISSION ON BUENA VISTA NO. 5
ANNEXATION (LAFCO CASE NO. 1085).
WHEREAS, the Council of the City of Bakersfield made application to the
Local Agency Formation Commission to annex 3,561.11 acres in southwest Bakersfield
known as Buena Vista No. 5 Annexation; and
WHEREAS, the proposed Zoning Upon Annexation 5157 for Buena Vista
No. 5 Annexation is consistent with the existing Metropolitan Bakersfield 2010 General
Plan Land Use Element; and
WHEREAS, the area under consideration is within the Sphere of Influence
for the City of Bakersfield as established by the Local Agency Formation Commission
and as is required by the Cortese-Knox Reorganization Act of 1985; and
WHEREAS, the City of Bakersfield is fully capable of providing urban
services to the area; and
WHEREAS, the annexation area represents the logical expansion for the
City of Bakersfield; and
WHEREAS, this sector of the City of Bakersfield represents the historically
and currently fastest growing area in Kern County; and
WHEREAS, this request is consistent with several other similar requests
approved by the Local Agency Formation Commission in 1991; and
WHEREAS, the basic reason for denial involves the appropriateness of the
City of Bakersfield's proposed zoning, which argument is inconsistent with State Law as
the Cit~ Council has sole jurisdiction of land use within the City of Bakersfield; and
WHEREAS, this decision by the Local Agency Formation Commission is
inconsistent with the intent of the Cortese-Knox Reorganization Act of 1985 and the
guidelines set forth in the Procedures, Standards and Policies for the Evaluation of
Proposals (promulgated by LAFCO); and
ORIGINAL
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. A Negative Declaration has been adopted by LAFCO and the City of
Bakersfield for this annexation.
2. The proposed Zoning Upon Annexation is consistent with the
Metropolitan Bakersfield 2010 General Plan Land Use Element.
3. The proposal is within the Sphere of Influence as established by
LAFCO.
4. The proposal is immediately adjacent to the fastest growing area in the
City of Bakersfield.
5. The City of Bakersfield is fully capable of providing the necessary
public services.
6. The decision by LAFCO is inconsistent with past actions on similar
annexations.
7. The decision by LAFCO is inconsistent with the Cortese-Knox
Reorganization Act of 1985.
8. The decision by LAFCO is inconsistent with the Procedures, Standards
and Policies for the Evaluation of Proposals as promulgated by LAFCO.
9. LAFCO should reconsider this proposal at the next available meeting
by their Board as pursuant to Government Code Section 56857.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield that the City Council hereby requests a reconsideration of the Buena Vista
No. 5 Annexation (LAFCO Case No. 1085) by the LAFCO Board.
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ORIGtNAL
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
FEn ! 2 1992 by the following vote:
AYES: COUNC;LMEMBERS. EDWARDS DeMOND. SMITH, 33:J?;;;;, PETERSON, McDERMOTT. SALVAGGIO
NO~S; COUNCILMEMbERS' e ~
~$ENT COUNC~LMEEOE~: ~/
ABS TARN: COUNCiL. MEMBERS ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB I 2 1992
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
p:buena.res
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ORIGINAL