HomeMy WebLinkAboutRES NO 18-85RESOLUTION NO. 18-85
RESOLUTION OF APPLICATION OF THE COUNCIL OF
THE CITY OF BAKERSFIELD PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 298
(PANAMA NO. 5) AND EXERCISING THE CITY'S
OPTION OF NOT SUCCEEDING TO WILLIAMSON ACT
CONTRACT AND REQUESTING WAIVER OF NOTICE AND
HEARING PROCEDURES FOR CHANGE OF ORGANIZATION.
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 35]40 of the Government Code of the State of California;
and
WHEREAS, the City of Bakersfield desires to exercise
its option of not succeeding to the Williamson Act Land Use
Contract as to affected territory under such contract within one
mile of the City; and
WHEREAS, the City of Bakersfield requests that the
Local Agency Formation Commission approve such change of organiza-
tion without notice add hearing and authorize the City of Bakersfield
to conduct proceedings for the change of organization without
notice and hearing or election.
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 described
in Exhibit "A", attached hereto and made a part of this resolution
as though fully set forth herein.
2. That a map of the territory proposed to he so
annexed, marked Exhibit "B", is attached hereto and made a part
of this Resolution as though fully set forth herein.
3. That a Plan
affected territory of the
the provisions of Section
as Exhibit "C",
fully set forth
for providing services within] the
proposed annexation, in accordance with
35.102 of the Government Code, is marked
attached hereto and made a part hereof as though
herein.
4. That this proposal for change of organization, to
wit, annexation, is made pursuant to the Municipal Organization
Act of 1977 (Part 2 of Division 2 of Title 4 of the Government
Code of the State of California, commencing with Section 35000
thereof), and it is requested that proceedings be authorized for
annexation in accordance therewith.
5. That the reasons for the proposed change of organiza-
tion 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.
6. That by Resolution No. 18-85, adopted on February 13,
1985, the Council of the City of Bakersfield declared it has
reviewed, evaluated and considered the information contained in
the Final EIR for Sections 21 and 22 annexation, made findings
and certified that the final EIR has been completed in compliance
with the California Environmental Ouality Act, the State EIR
Guidelines, and City Resolution No. 132-83.
7. That the City will prezone the area described in
Exhibit "A" and that such zone classifications will be as stated
in the Final EIR for Sections 21 and 22 annexation.
8. That the County Clerk and Clerk of the Board of
Supervisors of Kern County sent written notice which was received
by the City Council, that the County of Kern intended to consider
one or more contracts, under the Williamson Act which would
include certain land within PANAMA NO. 5 within one mile of the
exterior boundaries of the C~ty; that the subject Land Use Contract
was executed between the County of ~ern and Antongiovanni Brothers.
9. That the City Council filed with the Local Agency
Formation Commission of Kern County (Commission) its Resolution
No. 9-76, dated February 23, 1976, pursuant to Sections 51243 and
51243.5 of the Government Code, protesting the execution of the
Land Use Contract as to affected territory within one mile of the
exterior boundaries of the City.
10. That on May 25, 1976, the Commission, following a
public hearing, upheld the City's protest upon a finding that the
contract was inconsistent with the publicly desirable future use
and control of the land in question, said land being that portion
of the land under the contract within the affected territory and
being within one mile of the City.
11. That pursuant to the provisions of the Williamson
Act, specifically Sections 51243 and 51243.5 of the Government
Code, the City of Bakersfield hereby exercises its option of not
succeeding to the Land Use Contract entered into the 24th day of
February, 1976, between the County of Kern and Antongiovanni
Brothers, as to land which is included within PANAMA NO. 5 and is
within one mile of the exterior boundaries of the City of Bakersfield,
upon annexation of the land to the City.
12. That in accordance with Section 35151 of the
Government Code of the State of California (Municipal Organization
Act) all property owners within the uninhabited PANAMA NO. 5
annexation territory have given their written consent to such
change of organization and the City of Bakersfield requests that
the Local Agency Formation Commission approve such change of
organization without notice and hearing by the Commission and
authorize the City of Bakersfield to conduct proceedings for the
change of organization without notice of hearing or election.
13. That proof of written consent to such change of
orgasization is marked Exhibit "D" and is attached hereto and
made a part of this Resolution as though fully set forth herein.
14. That the names of the officers of the C~ty of
~akersfield who are to be furnished with copies of the Executive
Officer's Report and who are to be
if any, are:
George A. Caravalho
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
given mailed Notice of Hearing,
Richard J. Oberholzer
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
(Legal Counsel for Applicant)
City Clerk
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
15. 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 1110 Twenty-Sixth Street, Rakersfield, California.
........... 000 ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at
regular meeting thereof held on the 13th day of February, 1985,
by the following vote:
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED this 13th day of February,
MAYOR of the City of 'Bakersfield
1985
APPROVED as to form:
CI e City of Bakersfield
JM/AJS/bl 4.
ANNEXATION NO. 298
PANAMA NO. 5
A parcel of land situated in the Connty of Kern, State of California, being a
portion of Sections 16, 20, 21, 22, 27, 28 and 29, Township 30 South, Range 27
East, M.D.B. & M,, more particularly described as follows:
Beginning at the intersection of tile south line of tile north 30 feet of said
Section 27, with the northeasterly right of way line of the Arvin-Edison Water
Storage District Canal, as said canal riglit of way is defined in Parcel lC-1
of that certain order of condemnation recorded in Book 3840, at page 291,
Official Records of said Kern Count),, said intersection being a point on
the southerly right of way line of l'anama Lane and also a point on the Existing
Corporate Boundary of the City of Bakersfield;
~lence (1) Departing said Corporate Boundary westerly along tile south line of
the north 30 feet of said Section 27 and the south line of the north 30 feet
of said Section 28 and south line of the north 30 feet of said Section 29 to
intersect the west line of the east 30 feet of said Section 29, said inter-
section being a point on tile westerly right of way line of Gosford Road;
Thence (2) Northerly along the last named west line and the west line of the
east 30 feet of said Section 20 to intersect the south line of the north
622.50 feet of said Section 20;
Thence (3) Easterly along the last named south line and tile south line of the
north 622.50 feet of said Section 21, said south line being the south line of
Parcel A of Parcel Map 601 recorded September 14, 1972, in Parcel Map Book 3
at page 165 in the Office of the Kern County Recorder, to intersect the east
llne of the west 1270 feet of said Section 21, said intersection being a point
on the east line of said Parcel A;
Thence (4) Northerly along tile last named east line and the northerly extension
thereof to intersect the northerly riglit of way line of the Southern Pacific
Railroad, said intersection being a point on the Existing Corporate Boundary
of the City of Bakersfield;
Thence (5) Easterly and southerly along the last named Corporate Boundary to
the Point of Beginning.
Containing 649.58 Acres
EXItlB1T "A"
(2)
(4)
~Li~e WIZT0~ Sec.
T
//
' SE
P~NAMA LANE
Line N30' $ec~28
-
'1
EXISTING CORPORATE BOUNDARY
EXISTING CORPORATE i
/I..-
~ORTH
!,
ANNEXATION OF
EXHIBIT 'B'
.j~.SERVICES
Planning
Parks and Recreation
Library
Police Protection
Fire Protection
Streets
Construction
Maintenance
Sweeping
Lighting
Flood Control
Sewerage
Other (Water)
PL~Jq FOR PROVIDING SERVICE
Agency ~hich Presentl~ ,Provides Service
COUNTY
COUNTY
COUNTY
CITY
COUNTY
COUNTY
COUNTY
, N/A
COUNTY
N/A
N/A
PANAMA NUMBER 5 ANNEXATION
Check Services ~dch
~it¥ Will Provide:
Upon
Annexation
X
X
X
X
X
X
X
X
Future
Date
(specify)
Upon developmer
Upon developmeot
Upon developmert
Upon developmer
Upon developmert
iUpon developmer
Indicate tlow Sex. ices Pro-
vided by City will be
~inanced (i.e., general tax
rate or special assessment.)
General Tax Revenue
General Tax Revenue
General Tax Revenue
General Tax Revenue
New Streets will be constructed
b,y private develop, & deeded to
City.
General Tax Revenue
General Tax Revenue
General Tax Revenue
General Tax Revenue
User Fees/Special Assessment
?rivage aevelopm~n~ pay~
capital costs. User'fees for
individual service.
LA~CKC #4
pro iae 'w en only which provided the
· applicant city.
Location ~ Service Level CapaeitM
Police
~ire
Indicate locatio~tich service
will be provided (i.e. nearest [ire
. station, library, etc.) j
Police services ih the City of Bakersfield are administered through
the police'station located on Truxtun Ave.nue.
City Fire Station No. 9 would respond to calls in the project
area. Station ( is located east of Gosford Road, north of
Westwold Drive.
Pa~ks and Recreation
Library N/A
Streets
Construction/Maintenance
Sweeping
Lighting
Other
Conceptual plans for the project area provide for
approximately 31 acres of park/sump sites for the
area once developed.
The Corporation Yard on Truxtun Avenue
will provide necessary facilities and services to accommodate.
Public Works efforts. Maintenance personnel will be dispatche~
from the City Yard on a re§ular basis for preventive mainte-
nance and "as needed" repairs (this includes streets, con-
struction/maintenance, sweeping and lighting).
City Treatment Plant No. 3 via Gosford Road and/or Ashe Road
Sewer Truck Lines.
(Water) The area will be served by City Water upon its
development.
Indicate frequepcy and availability of
service (i.e.,street sweeping, response
for emergency services, rec. pro,rams, etc.
24-hr patrol is provided in the urbanized
area north of the project site. First
priority response is approximately 7.15
minutes.
Fire Protection is available on a 24-hr
basis with response time under 5 minutes.
Parks would be dedicated to the City ~=
Bakersfield when developed. A mainte
district would be established for park
maintenance.'
.ce
There will be no reduction in the range
or capacity of the City to provide the
necessary Public Works services to this
area. Services will be on a regular basis
and "as needed".
Adequate capacity exists within Sewer
Truck Lines to serve the Annexation area.
III.
~hat effects, if any, would annexation of this territory have on existing level
of city services (i.e., need for additional emergency service personnel or con-
struction of new facilities, etc.)? The annexilion of this territory would not
effect the near term level of capacity of the City to provide needed ~ervirpq Frill
.~Buildout.may eveHtually r~q)dre the addition a~ man~.as,~2 police offirer~ tn
maintain existinQ City servirp lpwls
IV.
Would city require any upgrading or change in facilities to serve affected terri-
tory (roads, fire hydrants, mains, etc.)? If so, would city or residents be
res~ponsible for financing? As development occurs the developer provide~ and pays
r~r maoor facilities and dedicates them to the City (see Plannir~g Commi~inn
Resolution No. 66-84 for detail~ of cnndition$ recommended),
Ind~cqte ~nd exp'lain existing zoning in affected territory. See attached
zonlqg Map 123. Subject property is zoned. A (Exlusive AQricultural)
in the County.
VI.
Indicate and explain proposed prezoning in area. (List effects on present land
u~e that would occur as a result of annexation such as maintenance of livestock
on property, etc.) Proposed presonin§ consists of 152 +/- arr~ of A (Agriculture)
zone, 430 +/- acres of R-1 (One Family Dwellinq) zone and 31 +/- arr~s nf R-2
(Li,dLed Multiple kam~ly Dwelling) zone. Proposed zoning is in accordanc~
with the City's Gener9) Plan and the enforceable restriction on use contained in the
L~,d Cunservatton Act contract on 152 acres. An EIR was prbpared on the proj~rt
which discussed i~lpacts of propa~d zoning and uses.
VII.
List city services that area will directly or indirectly benefit from such as
decrease in fire insurance rate, shorter emergency response tSme, use of com-
t mu~itx'facil$$i~s, etc. City Police should be able to respond in a more
lmely manner ~nat present C~ty Sherriff and State Highway Patrol services.
~u,,~,,~ Fv,,~ ~o~,,u~,u ,~ ~.uu ~u~n u~.$ per ~uuu population compared to the
County standard of 1.15 per 1000.
VIII.a.Please provide the following info~nation relative to city and county taxes:
List existing tax rate(s) in a~ea. The 1983-84 tax rate for the majority nf
the area (tax area code 135-010) equals 1.023099 percent of assessed marker
value. This repres~ots the total property tax rate. When annexed approximately
30 percent of the total property tax of the area will accrue to the City, and the
remaining to the County for prowdlng health care and social services.
b..Would ~effected area be s~bOegt to any boqdgj i~debte~ness of the ~ty?
If so ~x~lain When annexed, the rate will be in~r~d to 1.031817
perc~n~ o~ assessed market value which equals the City'¢ hnnd rate of 0.008718
percent plus the property tax rate of 1.023099 (see "a" abnw)
C. How will the difference in tax rates affect a hottse with a market value of
~50.000 If the house is the principal residence, it will be exempted
from property tax tor a value of $7,000 which leaves the house with a market
value of 43,000 which can be taxed. 'Since there is no difference in the prnperty
tax rate whether the house ~s ~n the City or the County, the only difference which
may result would be the blty bond rate of 0.008718 percent.
Lh~ diFFer~l,~e
u~ $~75.
For a 50,000 home
in the total property tax equals 0.008718 percent times 43,000
Note: There are no homes in the prnjert area at this time.
t
*i
A
ZONING MAP 123
T. 50S., R.27E. M.D.B. P, M.
KERN COUNTY CALIFORNIA
LEGEND
~., [s~ z°o~. ,o
iPANAMA No.
ANNEXATION
FORM 30 A
BEFORE THE LOCAL AGENCY FO~,[ATION COI,~ISSION
COUNTY OF KERN STATE OF CALIFORNIA
In the Matter of
City of Bakersfield
Annexation No. 295
Panama No. 5 Annexation
Proceeding No.
ENVIRONMENTAL ASSESSMENT
PART "A": TO BE FILLED OUT BY APPLICANT.
YES NO
Answer following questions by placing check:
(Please put "N.A." if answer does not apply.)
X
X
X 2.
X 6.
x ?.
Will this project involve a different land use from
those now in the area (i.e., commercial in a resi-
dential area, residential in a rural area)? (See
Notes Page 6)
Is the project site in or near, or does it contain,
an important recreational, scenic, or aesthetic
resource?
Could the project affect the functioning of an
established community?. (See Notes Page 6)
Will implementation of the project require relocation
of community residents?
Are any 6f the natural or man-made features in the
project area unique, that is, not found in other
parts of the County, State, or Nation? (See Notes
Page 6)
Will this project involve the use, extraction, or
conservation of a scarce mineral resource? (See
Notes Page 6)
Will this project result in the erection of structures,
streets, etc., over a scarce mineral resource? (See
Notes Page 6) .
LAFCKC #30 A (1/78) -1-
X
X
X
11.
12.
13.
15.
16.
17.
18.
19.
20.
X 21.
X 22.
Is the project area in or near nesting grounds, food
sources, water sources, etc., used by rare or endan-
gered species of birds, wildlife, or £ish?
Does the project site contain rare or endangered
plant species?
Is the proposed project within an agricultural preserve
and/or under an Agricultural Contract with the County
of Kern?
Is the project proposed within the boundaries of a
Specific Plan?
Is the project located in or near any public lands
(i.e., Forest Service, Federal, State, or local
parks, etc.)?
Either during or after construction, could the project
result in significant erosion of land?
Is the project located in an urbanized or an
undeveloped area?
X
urbanized undeveloped
If in an urbanized area, will the project intensify
use of the area by changing existing densities and
uses (i.e., from single-family residences to multi-
family, or commerciai to industrial)?
Is the project in conflict with the densities and land
uses recommended in the Kern County General Plan or
other adopted plans?
Will the project involve application, use, or disposal
of potentially hazardous materials,. either during or
after construction? (See Notes Page 6)
Will the project result in generation of significant
amounts of noise, either during or after construction?
Will the project generate significant amounts of dust,
either during or after construction?
Will the project involve burning of brush, trees,
construction materials, etc., either during or after
construction?
Is any part of the project area subject, to inundation
or located in or near a floodplain?
Are any of the slopes to be graded 10% or greater?
LAFCKC.. #~0 A (1/78) -2-
23. Is any part of the project lc~ated in the area of a
kno~ earthquake fault?
2~. Will this project require grading? If yes, explain.
25. Is the ~roject located near a major transportation
source %i.e., freeway, highway, airport, railroad)?
If you have answered yes to one or more of these questions, but you still
think the project will have no significant environmental effects, indicate
your reasons below. (Attach additional sheets if necessary).
Note:
An Environmental Impact Report (EIR) has been prepared for this
project in accordance with the California Environmental Quality Act.
The Final EIR was certified on February 13, 1984 by the City of
Bakersfield City Council, ten copies of the Final EIR have been
provided as part of this application.
Briefly describe the proposed project.
necessary).
(Attach additional sheets if
See Attachment A
LAFCKC #30 A (i/78) -3-
PART "B": TO BE FILLED OUT BY APPLICANT.
What specific off-site improvements, not now existing,
required to provide services or access to the project?
See Environment Impact Repo. rt for
Section 21 and 22 Annexation.
will be
Percentage of ground area within project that ~rill be covered
by buildings, streets, and driveways. 50%
If project is residential, how many people ~rill it ultimately
house (using average family size as dete~nined by most recent
County Planning Department Population Estimate for your sub-
region and a 6% vacancy factor)? 8100
How many K-12 children? 2193
Distance to nearest elementary school School sites provided
Junior High 2 miles (Actis) High School Z.b miles (West High)
Existing Parkl mile (Grissom)Shopping Facility Facility provided
Park sites provided
ADDRESS, AND TELEPHONE NUMBER OF APPLICANT:
City of Bakersfield
1501Truxtun Avenue
Bakersfield, CA 93301
{zip code)
(805) 326-3733
(area code}
NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT'S
REPRESENTATIVE, IF ANY:
DEWEY SCEALES, Planning Director
City of Bakersfield, 1501 Truxtun Avenue
Bakersfield,CA 93301 (805)326-3733
(zip code} (area code}
Date: February 13, 19A~
(Signature of Applicant or Agent)
Planning Director
(Title)
LAFCKC #30 A (1/78) -./+-
PART
1. The project
Plan of the
TO BE FILL_~ OUT BY LAFCO STAFF.
is consistent with the Elements of the General
County of Kern:
Yes No
A. Housing
B. Circulation
C. Land Use
D. Open Space
E. Conservation
F. Safety
G. Seismic Safety
H. Noise
I. Scenic Highways
(Initials) (D
Date:
Reviewed by:
Local Agency Formation Commission
County of Kern
LAFCKC ~30 A (1/?S) -5-
NOTES
e
17.
Will this project involve a different land use from those now in the
area?
--The project area includes the immediate location of the project as
well as more remote areas that may be directly or indirectly affected
by consultation and/or operation of the project.
Could the project affect the functionin~ of an established community?
Exsmples include, but are not limited to:
--Changes in traffic patterns
--Effects on access within the community to commercial establishments,
schools, parks, etc.
--Introduction of activities not presently found within the community
Are any of the natural or man-made features in the project area unique,
that is, not found in other Darts of the County, State, or Nation?
--Unique features include those areas, structures, biological
phenomena, etc., that exhibit distin~ishing characteristics not found
in other areas, or only in a small number of other areas. Such feature
can be either good or bad for human health, safety, comfort, or conven-
ience.
Will this project involve the use, extraction, or conservation of a
scarce mineral resource?
--Uses which effectively preclude the multiple use of regional natural resources in scarce supply
--Activities which tend to diminish the supply or availability of
regional natural resources that are in scarce supply
Will this project result in the erection of structures, streets, etc.,
over a scarce mineral resource?
--Developments which effectively preclude the extraction of the region'
rock, sand, gravel, or other mineral resources
Will the project involve application, use, or disposal of potentially
hazardous materials, either durin~ or after construction?
--Ex~nples include, but are not limited to, toxic substances and
radioactive wastes.
LAFCKC #30 ~ (1/78) -6-
ATTACHMENT A
SUMMARY PROJECT DESCRIPTION
The proposed project is the annexation of 650 acres of land in
Section 21 and a portion of Section 22 in Southwest Bakersfield.
The annexation would result in the City boundaries being extended
to include the project site, adding approximately 650 acres to the City.
The site upon annexation would receive City-provided municipal services such
as police and fire protection, and water and sewer service, and street
and storm drainage maintenance upon development.
The developer proposes a village concept to provide a variety of
housing types which would be affordable to various income groups.
The preliminary concept plan includes a commercial center at the inter-
section of Gosford Road and Panama Lane; multiple-family housing east
of the commercial center and east of Ashe and west of the Arvin Edison
Canal; small single-family lots on the portion of the site north of
Harris Road; and single-family housing on the remainder of the site.
Provisions are also made to accommodate public uses in the form
of a school, park sites and storm drainage basins. Under this development
concept, Ashe Road would be extended north from Panama Lane to Harris
Road to connect to the development to the north; Harris Road would be
extended from Gosford Road to Ashe Road. The project will require the
realignment of the Stine Canal to parallel the Southern Pacific right-
of-way thence south along the east right-of-way of Gosford Road.
Note: For a more complete project description, please refer
to the Final EIR prepared for this project.