HomeMy WebLinkAboutRES NO 179-08RESOLUTION NO. ~ 7 9 ~ ~ a
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 596
LOCATED AT THE SOUTHWEST CORNER OF
WASHINGTON STREET AND BELLE TERRACE. (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 located at the southwest
corner of Washington Street and Belle Terrace; 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 at the southwest corner of Washington Street and
Belle Terrace.
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 adopCT o y the Council
of the City of Bakersfield at a regular meeting thereof held on 00 8 ZQQg ,
by the following vote:
~~/ COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
APPROVED
CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
QCT 0 8 2008 Council of the City of Bakersfield
MAYOR of the City of Bakersfield
By:
EXHIBITS: A -Legal Description
B-Map
C -Plan for Services
D -Notice of Exemption
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
EXHIBIT "A"
"WASHINGTON No. 3"
ANNEXATION No. 596
TO THE CITY OF BAKERSFIELD
Those portions of land located in the Northeast 1/a of the Southwest 1/a and the North'/z of
the North 1/z of the Southeast 1/a of the Southwest 1/a of Section 4, Township 30 South,
Range 28 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, more particulazly described as follows:
Beginning at the Northeast Corner of the Northeast 1/a of the Southwest 1/a of said Section
4, said point also being the centerline intersection of East Belle Terrace (County Road
No. 3939) and Washington Street (County Road No. 2927) point also being the TRUE
POINT OF BEGINNING;
Thence (1) South 01°06'39" West, along the existing City Corporate Boundary and
North-South mid Section line of said Section 4, a distance of 1319.67 feet,
to the Northeast Corner of the .Southeast 1/a of the Southwest 1/a of said
Section 4;
Thence (2) continuing along said existing City Corporate Boundazy and the North-
South midsection line of said Section 4, South O1°06'39" West, to the
Southeast corner of the North 1/s of.the North lh of the Southeast 1/a of the
Southwest 1/a described by Grant Deed filed for record August 10, 2003, in
the Office of the Kern County Recorder, Document No. 0203191096, a
distance of 329.92 feet;
Thence (3) South 89°50'45" West, to the Southwest corner of the North lh of the
North 1/z of the Southeast 1/a of the Southwest 1/a of said Grant Deed, a
distance of 1328.23 feet;
Thence (4)
Thence (5)
Thence (6)
North O1°10' 18" East, to the Northwest Corner of the Southeast 1/a of the
Southwest 1/a of said Section 4, a distance of 328.15 feet;
continuing North O1°10' 18" East, to the Northeast corner of the Northwest
1/a of the Southwest 1/a of said Section 4, a distance of 1312.60 feet;
North 89°27'45" East, along the West-East midsection line of said Section
4, a distance of 1326.72 feet, to said centerline intersection of East Belle
Terrace (County Road No. 3939) and Washington Street (County Road
No. 2927), and the TRUE POINT OF BEGINNING.
CHECKED by
Containing 50.12 Acres 1~qN Cp~~, SURVEYORS OF'f~1CL~
END OF DESCRIPTION ~ _ /Z/~
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Approved by
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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 territorv 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 planned development
including public streets or municipal facilities within the territorv 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 city/district or residents be responsible for financing?
Private development provides and pays for major facilities and dedicates them to the Citv. No
upgrading or chance in facilities will be required in the territorv for annexation.
3. Indicate and explain existing zoning in affected territory. The territorv is presently zoned M-1
jLight Manufacturing) 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 Manufacturing) 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 energy 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-
001) of assessed market value. This represents the total property tax rate. When annexed a
designated percentage of the total property tax of the area will accrue to the Citv and remainder
to the County for providing health care and social services. (Rate as shown on 2007-2008
County 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 to a Williamson Act Contract? No, the existing annexation area is
not subject to a Williamson Act Contract.
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EXHIBHT "D"
NOTICE OF EXEMPTION Appendix I
TO: _ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
X County Clerk, County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
FROM: City of Bakersfield
Development Services Department-Planning Div.
1715 Chester Avenue
Bakersfield, CA 93301
Project Title: City of Bakersfield- Annexation 596 Washington No. 3
Project Location-Specific: Located at the southwest corner of Washington Street and Belle Terrace.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: The annexation of 50.12 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: City of Bakersfield
Exempt Status:
_ Ministerial (Seo,21080(b)(l ); 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 brims an undevel~ed parcel of land into the City of Bakersfield's
jurisdiction There is no change in land use or zoningproposed for the site Th~arcel has been pre-zoned for eg neral
manufacturing uses Since th~roposal 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: Ciry of Bakersfield
Contact Person: Marc Gauthier, Principal Planner Area Code/Telephone/Extension: X661) 326-3733
If filed by applicant:
Attach certified document of exemption finding.
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 596.doc
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