HomeMy WebLinkAboutRES NO 110-08RESOLUTION NO. 1 1 ~' ~ 8
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 592
LOCATED AT THE SOUTHWEST CORNER OF HARRIS
ROAD AND AKERS ROAD. (WARD 7).
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 Harris Road and Akers Road; 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" for
the project attached hereto and made a part of this resolution as though fully set
forth herein,' located at the southwest corner of Harris Road and Akers Road.
2. 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.
3. That this proposal for change of organization, to wit, annexation, is made pursuant to
the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and it is
requested that proceedings be authorized for annexation in accordance therewith.
4. 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.
5. That for this proposed annexation territory and the prezoning therefore was adopted
by the City Council and the Notice of Exemption for the annexation is determined to
be adequate for the annexation proposal.
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6. 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.
7. That the territory proposed for annexation as described herein has been determined
to be uninhabited pursuant to Section 56046 of the Government Code.
8. That the territory proposed for annexation as described herein has been determined
to have 100% of property owners consenting to annexation.
9. That the territory proposed for annexation as described herein is within the City of
Bakersfield Sphere of Influence Boundary.
10. 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.
11. 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 Gennaro
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
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 5300 Lennox Street, Suite 303, Bakersfield, California 93309.
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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 on JUL 1 6 2008 ,
by the following vote:
AYES
ES:
ABSTAIN
ABSENT:
APPROVED JUL ! 6
HARVEY L~19ALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
~~
EXHIBITS: A -Legal Description
B -Map
C -Plan for Services
D - Notice of Exemption
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S:\Annexation\Res of Applic\ROA 08\ROA592.doc
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio CI the
Council of the City of Bakersfield
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER .Prri._D
COUNCILMEMBER l~l.~-Q_
COUNCILMEMBER ~~_
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EXHIBIT "A"
ANNEXATION NO. 592
"AKERS NO. S"
TO THE CITY OF BAKERSFIELD
Being Lot 1 of Tract Map No. 3314 filed for record on February 27, 1970 in Book 18 of
Maps at Page 196 in the office of the Kern County Recorder, also being a portion of the
Southwest ~/. of Section 23, Township 30 South, Range 27 East, Mount Diablo Base and
Meridian, in the County of Kern, State of California, more particularly described as
follows:
Commencing at the Center of said Section 23, point also being the intersection of the
centerlines of Harris Road (County Road No. 642) and Akers Road; thence along the
North line of said Southwest ~/a of Section 23 and said centerline of Harris Road (County
Road No. 642), North 89°41'46" West, a distance of 45.00 feet; thence South 00°00'39"
West, a distance of 45.00 feet, to a point of intersection of the Easterly prolongation line
of the South right of way of said Harris Road (County Road No. b42) and the Northerly
prolongation line of the West right of way of said Akers Road, point also being on the
City Corporate Boundary and TRUE POINT OF BEGINNING;
Thence (1) South 00°00'39" West, along said Northerly prolongation line and West
right of way of Akers Road and City Corporate Boundary, a distance of
70.00 feet, to the Southeast comer of said Lot 1;
Thence (Z) departing the City Corporate Boundary, North 89°41'46" West, along the
South line of said Lot 1, a distance of 228.44 feet, to the Southwest corner
of said Lot 1;
Thence (3) North 00°O1' 18" East, along the West line of said Lot 1, a distance of
70.00 feet, to the Northwest corner of said Lot 1 and said South right of
way of Harris Road (County Road No. 642);
Thence (4) South 89°41'4b" East, along the North line of said Lot 1 and said South
right of way of Hams Road (County Road No. b42), a distance of 228.42
feet, to a point on the City Corporate Boundary and TRUE POINT OF
BEGINNING.
Containing 0.37 Acres CHECKED by
l~RPI COUNTY~U~ EYORS OFFK:E
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1. 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 Citv to provide needed services. Upon future development. additional police officers would
possibly be required to maintain the current level of city service. The punned development
including public streets or municipal facilities within the territory will increase the future
maintenance responsibility of the Citv but should not affect the existing level of service.
2. Would city/district require any upgrading or change in facilities to serve affected territory {roads,
fire hydrants, mains, etc.): If so, would cityldistrict or developer be responsible for financing?
If and additional development occurs the develo eg_r grovides and pavs for major faciliffes and
dedicates them to the Cit}L No upgrading or change in facilities will be required in the territory for
annexation.
3. Indicate and explain existing zoning in affected territory. County zoned the affected area as R-S
(Residential Suburban).
4. 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
adopted Countv zoning with Ordinance No 3629 keeping the current zoninq_as R-S (Residential
Suburban.
5. 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 Countv Sheriff services Parcels
within the incorporated area are allowed to connect to available City sewer system lines. The
present City refuse collection rate is substantially tower than fees county residents now pav to
independent companies No special assessments or charges for street sweeping. leaf collection,
street lighting energy costs and fire hvdrants when located within the Citv's incoroorated area.
City aovemment also provides increased political representation for the residents within the
coroorate limits.
6. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. jhe existing area tax rate (061-014} is 1.118714% of the
assessed rylarket value This represents the total propertv tax rate. When annexed a designated
per ent ge of the total prop~r~y tax of the area will accrue to the City and remainder to the
County for providing health c-~re and social services (Rate as shown on 2007-2008 Countv
Auditor-Controllers 2407 Lien Date).
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No the City bounded indebtedness has been paid of1_and the current tax rate list shows no city
bonded indebtedness.
8. How will the difference in tax rates affect a property with a market value of $50,000.00?
the property rate will not increase due to annexation and re-assessment will not occur due to
annexation.
9. Is the proposed area subject to a Williamson Act Contract? No, the existing annexation area is
not subject to a Williamson Act Contract.
S:WNNEXATION~ANNEX 5921EXHIBIT C.DOC
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EXHIBHT "D"
NOTICE OF EXEMPTION Appendix 1
TO: _ Office of Planning and Research FROM: City of Bakersfield
1400 Tenth Street, Room 121 Development Services Department-Planning Div.
Sacramento, CA 95814 1715 Chester Avenue
Bakersfield, CA 93301
X County Clerk, County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Annexation to the City of Bakersfield -Akers No 5 Annexation No. 592.
Project Location-Specific: Generall located at the southwest corner of Harris Road and Akers Road.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Annexation of a single familYresidence to the City of Bakersfield
Name of Public Agency Approving Project: City of Bakersfield
Name of Person or Agency Carrying Out Project: City of Bakersfield
Exempt Status:
_ Ministerial (Sea21080(b)(1); 15268));
_ Declared Emergency (Sec.21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
X Categorical Exemption. State type and section number. 15319 (b)
_ Statutory Exemptions. State code number.
Reasons why project is exempt: The project involves the annexation of a 0 37 acre parcel of land to the City of Bakersfield.
No chap es in land use or zonin are ro osed. The arcel is located in an urbanized area and the site is zoned for residential
devel~ment Given that annexation of individual small parcels of the minimum size for single family construction are exempt
under CEQA it can be seen with certainty that there is no possibility this action could have an adverse effect on the environment.
Lead Agency: City of Bakersfield
Contact Person: Marc Gauthier Princ~al Planner Area Code/Telephone/Extension: (661) 326-3733
If filed by applicant:
1. Attach certified document of exemption finding. '
2. Has a notice of exemption been filed by the public agency approving the project?
Yes X No
Signature:
Date: July 17, 2008 Title: Assistant Planner
X Signed by Lead Agency
Signed by Applicant
S:Wnnexation\NoExemption\NOE 592.doc
Date received for filing at OPR:
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