HomeMy WebLinkAboutRES NO 180-08RESOLUTION NO. 1 8 O ~ ~ 8
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 598
GENERALLY LOCATED ON THE NORTH SIDE OF
WASHINGTON STREET, NORTH OF CASA LOMA DRIVE.
(WARD 1)
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 generally located on the
north side of Washington Street, north of Casa Loma Drive; 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, generally located on the north side of Washington Street, north of Casa
Loma Drive.
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 OCT 0 a ?~~A
by the following vote: '
~~5: J COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
'tQ~'~ COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
OCT. 0 8.28 Council of the City of Bakersfield
APPROVED ~ /J
HARVEY L. HALL '
MAYOR of the City of Bakersfiel
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
EXHIBITS: A -Legal Description
B-Map
C -Plan for Services
D -Notice of Exemption
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EXHIBIT "A"
LEGAL DESCRIPTION
CITY OF BAKERSFIELD
ANNEXATION N0.598
WASHINGTON N0.4
Being a portion of the southeast quarter and southwest quarter of the southwest quarter of
Section 4, Township 30 South, Range 28 East, Mount Diablo Base and Meridian, in the
County of Kern, State of California, being more particulazly described as follows:
Beginning at the south quarter comer of said Section 4;
Thence (1) North 89°55'30" West, a distance of 1329.18 feet to the southwest corner of
said southeast quarter;
Thence continuing along the south line of the southwest quarter of said Section 4, (2)
North 89°55'30" West, a distance of 214.57 feet to a point of intersection with the
northwesterly projection of the northeasterly line of Lot 7, as shown by sales map of
Lands of Kern County Land Company, filed Apri120, 1894 in the office of the Kern
County Recorder;
Thence along said northwesterly projection, (3) North 49°53'49" West, a distance of
46.64 feet to the northerly right-of--way line of Casa Loma Drive (Co. Rd. No. 294 and
1993);
Thence along the easterly projection of said northerly right-of--way line, (4) South
89°55'30" East, a distance of 250.86 feet to the west line of said southeast quarter;
Thence along said west line, (5) North O1 ° 10' 18" East, a distance of 954.45 feet;
Thence (6) North 89°50'44" East, a distance of 1328.23 feet to the east line of said
southeast quarter;
Thence (7) South O l °06' 39" West, a distance of 989.75 feet, to the POINT OF
BEGINNING.
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The above described parcel contains 30.2633 Acres.
For assessment purposes only. This description of land is not a legal property description
as defined in the Subdivision Map Act and may not be used as the basis for an o, fJer for
sale of the land described.
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CHECKED by
KERN COUNTY SURVEYORS OFFICE
Date 9 ~z ~~
Approved by
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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 territorv will have minimal effart ~., tha .,o~~ fnrm Invnl ....,....., L.: Ga..
2.
3. Indicate and explain existing zoning in affected territory. The territorv is presently zoned M-1
(Light Manufacturino) Zone
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 Citv has
prezoned the territorv to corresponding Citv M-2 (General Manufacturino) Zone
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 County Sheriff services Parcels
within the incorporated area are allowed to connect to available Citv sewer system lines The
present City refuse collection rate is substantially lower than fees county residents now pay to
independent companies. No special assessments or charges for street sweeping leaf collection
street lighting enerav costs and fire hydrants when located within the City's incorporated area
-City government also provides increased political representation for the residents within the
corporate limits.
6. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existing tax rate in the area equals 1 157390% (TRA 056-
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to the County for providing health care and social services (Rate as shown on 2007 2008
Countv Auditor-Controllers 2007 Lien Date)
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No. the current (2007-2008) 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 tp a Williamson Act Contract? No, the existing annexation area is
not subject to a Williamson Act Contract
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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?
Private development provides and pavs for major facilities and dedicates them to the Citv No
upgrading or chance in facilities will be required m the territorv for annexation
EXHIBHT "D"
NOTICE OF EXEMPTION Appendix I
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: Citv of Bakersfield- Annexation 598, Washington No. 4
Project Location-Specific: Located on the north side of Washington Street, north of Casa Loma Drive
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: The annexation of 30.26 acres of undeveloped land into the City of Bakersfield.
Name of Public Agency Approving Project: City of Bakersfield.
Name of Person or Agency Carrying Out Project: Citv of Bakersfield
Exempt Status:
Ministerial (Sec.21080(b)(1); 15268));
_ Declared Emergency (Seo,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: This annexation brings an undeveloped parcel of land into the City of Bakersfield's
jurisdiction. There is no change in land use or zoning proposed for the site The parcel has been pre-zoned for eg neral
manufacturing uses. Since the proposal will only involve a change in jurisdiction it can be determined that the annexation ofthis
parcel of land will not have a significant effect on the environment.
Lead Agency: City of Bakersfield
Contact Person: Marc Gauthier. Principal 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:
X Signed by Lead Agency
Date: October 9, 2008 Title: Assistant Planner
Date received for filing at OPR:
_ Signed by Applicant
S:Wnnexation\NoExemption\NOE 598.doc
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