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HomeMy WebLinkAboutRES NO 313-04RESOLUTION NO. 3 ]. 3 - 0 4 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 461 LOCATED AT THE SOUTHWEST CORNER OF REINA ROAD AND ALLEN 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 headng 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 City of Bakersfield agrees to annex the territory located at the southwest corner of Reina Road and Allen Road into the City;, 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: 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 at the southwest corner of Reina Road and Allen Road. 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. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese-Knox-Hedzberg Local Government Reorganization Act of 2000, and it is requested that proceedings be authorized for annexation in accordance therewith. O~iGINAI. 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 Virginia Gennare City Attomey City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 2 ORIGINAL 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 290, Bakersfield, California 93301. 3 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was pass,it, d adopted by the Council of the City of Bakersfield at a regular meeting thereof held on .1. Ii 2004 by the following vote: OUNCtLMEMB£R CARSON, BENHAM, VIAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER OUNCILMEMBER ABSTAIN: COUNCIl_MEMBER ABSENT: C0UNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attomey EXHIBITS: A Legal Description B Map C Plan for Services MO:djl November 23, 2004 S:~Annexation\Res of Applic~ann461 .rca.doc 4 ORiGiNAL KERN COUNTY SURVEYS)RS OFFIC~ ease 9-ol- Of- ,. ~ / A,~...~..,,.-, by EXHIBIT "ALLEN ROAD NO. 11" ANNEXATION NO. 461 That parcel of land being a podion of Sections 11, 13, and 14, Township 29 South, Range 26 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 14, also being the point of intersection of the center lines of Allen Road (Co. Rd. No. 67 & 843) and Reina Road (Co. Rd. No. 715), said point being a monumented section corner calculated to be 2,338,379.095 feet North and 6,220,332.853 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence S 00043'03'' W, along the east line of said Section 14, also being the centerline of said Allen Road, a distance of 30.00 feet to a point on the centerline of said Allen Road; Thence S 89°15'53'' E, a distance of 30.00 feet to intersection of the east right of way line of said Allen Road and the south right of way line of said Reina Road, also being a point on the existing corporate boundary line of the City of Bakersfield, and the POINT OF BEGINNING; Thence (1) S 00043'03TM W, along said corporate boundary line and east right of way of said Alien Road, a distance of 593.92 feet to a point on said corporate boundary, said point also being the easterly prolongation of the south line of Parcel 2 of Parcel Map 10930 filed in book 53 of parcel maps at page 36, in the office of the Kern County Recorder; Thence along the boundary line of said Parcel 2, said easterly prolongation and said corporate boundary the following four courses: Thence (2) Thence (3) Thence (4) Thence (5) N 89o15'53'' W, a distance of 1705.39 feet; S 45%3'39 W, a distance of 925.44 feet; S 44°06'21'' E, a distance of 64.00 feet; S 45 53 39 W, a distance of 243.64 feet Thence along the boundary line of said Parcel 2 the following two courses; Thence (6) N 44°06'21'' W, a distance of 1188.38 feet; Thence (7) N 45°53'39" E, a distance of 341.30 feet to the beginning of a 1400.00 foot radius, tangent curve, concave northwesterly; Thence (8) northeasterly along said curve, said boundary line and the nodherly prolongation thereof, through a centrat angle of 21°55'22'' an arc distance of 535.67 feet, to a point on tho north right of way line el said Re,ha Road; Thence (9) S 89015'55" E, along said right et way line, a distance of 111.33 feet; ORiGINAl. Thence (10) S 89015'53" E, along said dght of way line, a distance of 1323.25 feet to a point on said corporate boundary line; Thence along said corporate boundary line the following two courses; Thence (11) S 00o44'48" W, a distance of 60.00 feet to a point on the south right of way of said Reina Road and the boundary of said Parcel Map 10930; S 89o15'53" E, along said right of way, said Parcel Map boundary and the Thence (12) ........ ~,~,.0 ~,~m POiNT OF BEGINNING easterly prolongation thereoT, a (31stance o1 /,~ .~ ~ ~L ,~, ,.e ' Containing 59.20 acres (more or less) ORIGINAL ORIGINAL ORIGINAL 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 minimal effect on the near term level or capability of the City to provide needed services. Upon future development in the territory additional police officers would possibly be required to maintain the current level of city service. The planned residential development includin~ public streets and other municipal facilities in the territory 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 residents be responsible for financing? No~ if any additional development occur% the developer provides and pays for maior facilities and dedicates them to the City. no up~radin- or change in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. The territory presently zoned County A (Exclusive 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 City has prezoned the territory to corresoondin- City A (Agriculture) Zone. The prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan designation. However~ the owners and the City have initiated a General Plan Amendment to change the City Zoning to 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 assessment or charges for street sweeping, leaf collection, street li,htinu energy costs and fire hydrants upon development of subiect 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 existino ~encral tax rate in the area equals 1.084986% of assessed market value. This represents the total property tax rate. When annexed a designated percentage of the total property tax of the area will accrue to the City and remainder to the County for oroviding health care and social services. (Rate as shown for the County Auditor-Controllca 2003 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 bonded 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 ~eneral Droper~ tax rate will not increase due to annexation and re-assessment will not occur due to annexation. Is the proposed area subject to a Williamsoo Act Contract ? No~ the proposed annexation area is not subject to a Williamson Act Contract. (ALLEN ROAD NO. I1) G:\GR©UPDAT\Ron\2004\Exhibit C Annex 461.d~ ~ - 3 - ORIGINAL