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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.