HomeMy WebLinkAboutRES NO 17-85RESOLUTION NO. 17-85
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. 297
(BUENA VISTA NO. 2) 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 35140 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 and 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 be 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 for providing services within the
affected territory of the proposed annexation, in accordance with
the provisions of Section 35102 of the Government Code, is marked
as Exhibit "C", attached hereto and made a part hereof as though
fully set forth 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. 17-85 , 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 Section 6 General Plan Amendment, made findings
and certified that the final EIR has been completed in compliance
with the California Environmental 0uality 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 Section 6 General Plan Amendment.
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 th~ County of Kern intended to consider
one or more contracts, under the Williamson Act which would
include certain land within BUENA VISTA NO. 2 within one mile of
the exterior boundaries of the City; that the subject Land Use
Contract was executed between the County of Kern and Tenneco
West, Inc.
9. That the City Council filed with the Local Agency
Formation Commission of Kern County (Commission) its Resolution
No. 9-77, dated January 24, 1977, 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 April 26, 1977, 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 5].243 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 15th day of
February, 1977, between the County of Kern and Tenneco West, Inc.,
as to land which is included within BUENA VISTA NO. 2 and
within one mile of the exterior boundaries of the City of
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 BUENA VISTA NO. 2
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
organization 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 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:
George A. Caravalho
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Richard J. Oberholzer
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
(Legal
Counsel for Applicant)
Bakersfield,
City Clerk
City of Bakersfield
1501 TruxtuD 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, Bakersfield, 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, 1985
MAYOR of the City of/Bakersfield
APPROVED as to form:
CI the City of Bakersfield
JM/AJS/bl 4.
ANNEXATION NO. 297
BUENA VISTA NO. 2
A parcel of land situated in the County of Kern, State of California, being
a portion of Section 1, Township 30 South, Range 26 East, M.D.B. & M., more
particularly described as follows:
Commencing at the northeast corner of said Section 1; thence South 00°50'50"
West along the east line of said Section 1 a distance of 1912.32 feet; thence
North 89°09'10" West a distance of 30 feet to a point on the West right-of-way
line of Buena Vista Road, said peint be5ng a point on a nontangent curve concave
to the northeast which bears South 23035'25" West a radial distance of 2055 feet
from the radial point of said curve, said point also being a point on the Existing
Corporate Boundary of the City of Bakersfield, and tile Point of Beginning for this
description;
Thence (1) Departing from the last named Corporate Boundary westerly along the
last named curve through a central angle of 15°49'15", an arc length of 567.44
feet;
Thence (2) North 50°34'23" West a distance of 627.79 feet to a point which lies
76.33 feet southerly of the northerly terminus of the course designated as
South 40052'48" West, 487.79 feet of Parcel 1 of that certain quitclaim to
the City of Bakersfield recorded ,June 6, 1977, in Book 5032 at page 456 of
Official Records in the Office of the Kern County Recorder, said point being
a point on the Existing Corporate Boundary of tile City of Bakersfield;
Thence (3) Northerly, easterly and southerly along the last named Corporate
Boundary to the Point of Beginning.
CONTAINING 6.25 ACRES +
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CAL- STATE BAKERSFIELD
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R2.TE
ANNEXATION NO. 297
BUENA VISTA NO. 2
TO THE CITY OF BAKERSFIELD
EXHIBIT "8"
_ I
.~.§£RVICES
Planning
Parks and Recreation
Library
Police Protection
Fire Protection
Streets
Construction
Haintenance
Sweeping
Lighting
Flood Control
Sewerage
Other (Water)
PLAN FOR PROVIDING S~RVICH BUENA VISTA NO. 2 ANNEXATION
Agency Which PresentlX Check Services ~hich Indicate How Services Pro-
Provides Service City Will Provide: vided by City will be
: Financed (i.e., general tax
Upon Future rate or special assessment.)
Annexation Date
- (specify)
COUNTY X
General Tax Revenue
COUNTY
X General Tax Revenue
COUNTY
COUNTY X
General Tax Revenue
COUNTY
COUNTY X General Tax Revenue
COUNTY New streets will be constructe
by'private development & deede
to City,
COUNTY X Upon Developmert General Tax Revenue
· ,. X Upon Developmert General Tax Revenue
.. N/A X Upon Developmert General Tax Revenue
COUNTY X Upon Developmert General Tax Revenue
N/A X
Upon Developmert User fee/Special Assessme .
N/A X Hrlvate develupmunt p~y~ ~o~;b
_, Upon Developmerlt costs; User fees for i~dividua
Service. --
£AFCKC #4
· J~, 'frte~se'applicantPr°~fde -th'e-'T-dlTog~g"in~rmat lon-~ 'whencity. Locationa~iicable' only, 'fur survl ces whiChservtceWilI betevelProvidedcapacttybY the
Police
Indicate locatio~ich service
will be provided (i.e. nearest [ire
station, library, etc.)
Police services in'the City of Bakersfield are administered through
the police ~tation located on Truxtun Avenue.
Fire
County ........ Fire Station No. 66 would respond ~n
area. Station 66 is located .north of Stockdale Highway, east of
E1 Rio Drive.
Pa~ks and Recreation N/A, area proposed to office use.
Library N/A
Streets
Construction/Maintenance
Sweeping
Lighting
The Corporation Yard on Truxtun Avenue will
provide necessary facilities and services to accommodate
Public Works efforts, Maintenance personnel will be dispatched
from the City Yard on a regular.basis for preventive main-
tenance and "as needed" repairs (this includes streets;
construction & maintenance, sweeping and lighting).
City Tractment Plant No. 3 would serve the sity via proposed
sewer truck line along Buena Vista Road.
Indicate frequeDcy and availability of
service (i.e.,street sweeping, responsn tim
for emergency services, rec. programs,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·
There will be no reduction in the range or
capacity of the City to provide the
necessary Public Works services to the
area, Services will be on a regular basis
and "as needed".
Sewer truck lines will be extended to serve
the project area as needed..
Other (Water) The area will be served by City Water upin developmeni
VII.
List city services that arca will directly or indirectly benefit from such as
decrease in fire insurance rate, shorter emergency response time, use of com-
munity'facilities, etc. City police should be able to respond in a more timely
manner than present County bber~tt~and State Highway Patrol Services. Current
--police standard is l.bb sworn ott~cers per 1000 population compared to the
County s~andard of 1.15 per 100u.
VIII.a.Please provide the following information relative to city and county taxes:
List existing tax rate{s) in area. lhe 1983-84 8eneral tax rate for *hp
project area (tax area code 116-020) equals 1.133811 percent nf a~p~d
market value.' The.re is also a 0.013496 percent special distrirt tax. Whpn
annexed approximately 30 percent of the total property tax of the area will
accrue to the City, and the remaininq to the County for providing health rar~
and socia~ services..
b..Would.'ef~fected area be subject to any bonded indebtedness of the city?
so e pain.' When an~6xed,' the rate w~ll-U~'-'inc¥6a~d ~' l, 156025
If perten~o~ assessed market value which equals the Q~neral tax rate plk~s the
special (l]str]ct tax rate plus the City bond rate of Q.008718 pmrcent
O. How will the difference in tax rates affect a house with a market value of
~50,000 If the house i~ .~d a~ the principal residcncc, 7000
value will be exempted from th~ prnp~r~y tax lpaving a market value of
$43,000 for taxing purposes. Sinc~ therP i~ nn diffmrmnc~ in 1he property
tax rate whether the house is in the City or Count~, th~ only difference which
may result from the annexation would be the City bond r~f~ of n 008718 perceht.
For this house, the difference in total propert~ tax ~q.al~ n 008718
percent times 43,000 or a $3.75 increase.
III.
What 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-
structiQn of new.~acilities, ptc~)? The annexation of this territory would
no~ effect ~ne near term level or capacity at the City to provide needed
servi.ces.
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
responsible for financing? As development occurqjth~ developer provides
and pays for major facilites and dedicates th~m tn the City (see Planning
hammission Resolution No. 66-84 for details of cnndifinn~ retommended).
o
proper~y is zoned A (Exclusive Agricultural)
V. Indica~n~a~. e~i~i~g zonin in affected territory. See attached
bu oec~ .
in the County.
VI.
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.) Proposed prezonin9 or zoning upon Annexation'will be ¢-0
(Commercial and Professional Office) ~nn~ Effects on land usc are
discussed in the EIR prepared for thi~ ~nd associated projccts. Proposed
zoning is consistent with the Bakersfield M~tropoliten ~rea General Plan.
A
A
A
A
A
A
A
A
A A
CITY Cf
&
35 36
lNG MAP 122
(SF..C. TZ91:I55*6 0F THE DR~NARCE CODE OF KERN COUNTY)
T. $0 S., R.26 E.' IdO8 & M
KERN COUNTY CALIFORNIA
LEGEND
. ._-- ~.,- .~_*. ~- *
KERN COUNTY PLANNING C OM MI $ $1ON'-"~
FORM 30 A
BEFORE THE LOCAL AGENCY
FOR2~ATION COCCI SSION
COUNTY OF KERN STATE OF CALIFORNIA
In the Matter of
City of Bakersfield
Annexation No.
Buena Vista No. 2
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 1.
2.
X 3.
X 5.
x 6.
x 7.
Will this project involve a different land use from
those now in the area (i.e., con~mercial 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 ftmctioning of an
established community?. (See Notes Page 6)
Will implementation of the project require relocation
of community residents?
Are any of the natural or man-made features in thei
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 struct~tres,
streets, etc., over a scarce mineral resource? (See
Notes Page 6)
LAFCKC #30 A (1/78)
-1-
m
X
X
X
X
X
N/A
X
X
X
X
X
X
Is e project area in or near esting grounds, food
sources, water sources, etc., used by rare or endan-
gered species of birds, wildlife, or fish?
9. Does the project site contain rare or endangered
plant species?
10.
11.
12.
13.
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
15. 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 commercial to industrial)?
16. Is the project in conflict with the densities and land
uses recommended in the Kern County General Plan or
other adopted plans?
17. Will the project involve application, use, or disposal
of potentially hazardous materials, either during or
after construction? (See Notes Page 6)
18. Will the project result in generation of significant
' amounts of noise, either during or after construction?
19.
Will the project generate significant amounts of dust,
either during or after construction?
20. Will the project involve burning of brush, trees,
construction materials, etc., either during or after
construction?
21. Is any part of the project area subject, to inundation
or located in or near a'floodplain?
22. Are any of the slopes to be graded 10~ or greater?
LAFCKC.#30 A (1/78) -2-
X 23. Is ~ny part of the project lc .ted in the area of a
known earthquake fault?
X 2&. Will this project require grading? If yes, explain.
X 25. Is the project located nea~ 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
and associated projects in accordance with the California Environ-
mental 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
At the request of the property owner, the City of Bakersfield is pro-
posing to annex approximately 7.2 acres located at the southwest corner
of Stockdaly Highway and Buena Vista Road. The annexation includes the
proposed right of way of Stockdale Highway and would provide for the
coordination of the realignment (see Bakersfield Metropolitan Area
General Plan Circulation Element Amendment 4-84) under City jurisdiction.
Am~exation land area not required for the realignment is proposed for
office development.
LAFCKC #30 A (1/78) -~-
PAR'T "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 Environmental Impact Report
for Section 6 General Plan Amendment
will be
2. Percentage of ground area within project that will be covered
by buildings, streets, and driveways. 50 - 60%
3- If project is residential, how many people will it ultimately
house (using average family size as determined by most recent
County Flanning Department Population Estimate for your sub-
region and a 6~ vacancy factor)? N/A Proposed office development
How many K-12 children? None
4. Distance to nearest elementary school N/A
Junior High High School
Existing Park Shopping Facility
NAME, ADDRESS, AND TELEPHONE NUMBER OF APPLICANT:
City of Bakersfield
1501 lruxtun Avenue
Bakersfie]d, 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, 1501Truxtun Avenue
Bakersfield, CA 93301 (805) 326-3733
(zip code) (area code)
Date: February 13, lqR~
( Signa ~e
Planning Director
(Title)
LAFCKC #30 A (1/78) -~-
PART
"C": TO BE FILL~ OUT BY LAFCO STAFF.
1. The project is consistent with the Elements of the General
Plan of the County of Kern:
Yes Nq
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 (1/78) -5-
NOTES
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 functioning of an established community?
Examples 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 f$und within the community
Are any of the natural or man-made features in the project area unique,
that is, not found in other parts of the County, State, or Nation?
--Unique features include those areas, structures, biological
phenomena, etc., that exhibit distinguishing 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 during or after construction?
--Examples include, but are not limited to, toxic substsnces and
radioactive wastes.
LAFCKC #30 6 (i/78) -6-
PART "B": TO BE FILLED OUT BY APPLICANT.
1. %'~at specific off-site improvements, not now existing, will be
required to provide services or access to the project?
See [nvironment Impact Repo.rt for
Section 21 and 22 Annexation.
2. Percentage of ground area within project that ~rill be covered
by buildings, streets, and driveways. 50%
3- If project is residential, how many people will it ultimately
house (using average family size as determined 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 Park 1 mile (Grissom) Shopping Facility Facility provided
Park sites provided
AND TELEPHONE NUMBER OF APPLICANT:
(805 ) 326-3733
(area code)
NA]V~E, ADDRESS,
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
(zip code)
NAME,
REPRESENTATIVE, IF ANY:
DEWEY SCEALES, Planning Director
City of Bakersfield, 1501 Truxtun Avenue
Bakersfield, CA 93301 (805)326-3733
(zip code) (area code)
ADDRESS, AND TELEPHONE NUMBER OF APPLICANT'S
Date: February 13, lqg5
' ~gn~aa~e of Appli~int or Age )
P]a.n~n9 D~ rector
(Title)
LAFCKC #30 A (1/78)
ANNEXATION NO. 299
iVIBLI} NO. 6
A parcel of land situate in the County of Kern, State of California
being a portion of the Southeast Quarter of Section 11, Township
30 South, Range 27 East, M.D.M., more particularly described as
fol lows:
Beginning at tile intersection of the west line of the east 75 feet
with the north llne of the south 45 feet of said Section 11, said
intersection being a point in the existing exterior Corporate
Boundary of the City of Bakersfield;
TIIENCE, (1) Clockwise along said exterior Corporate Boundary,
complete17 circumscribing the parcel of land herein described,
to tile Point of Beginning.
Said parcel also being described as Tract No. 2570, recorded
October 17, 1961, in Map Book 12 at Page 80; Tract No. 2603,
recorded September 21, 1962, in Hal) Book 13 at Page SO;
Tract No. 2604, recorded November 2, 1962, in Map Book 13
at Page 77; and Tract No. 2605 recorded November 30, 1962,
in Map Book 13 at Page 91, as said Tracts are recorded in
the Office of the County Recorder of said Kern County.
Containing 30.84 Acres, more or less.
EXlIiBIT
PRE-CHECKED by
KERN COUNTY SURVEYORS OFFICE
o,o ......../ ......
A _~proved bv