HomeMy WebLinkAboutRES NO 074-01RESOLUTION NO. 0 7 ,~ ' 0 ].
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 422 LOCATED NORTH
OF REINA ROAD, BETWEEN JEWETTA AVENUE AND ALLEN
ROAD. (WARD 4)
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance
with the provisions of Section 65353 of the Government Code, held a public hearing on
MONDAY, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18, 1997, on the prezoning
for the territory, notice of the time and place of hearing having been given at least twenty (20)
calendar days before said hearing by publication in the Bakersfield Californian. a local
newspaper of general circulation; and
WHEREAS, by Resolution No. 110-97 on December 18, 1997, the Planning
Commission recommended approval and adoption of the prezoning by this Council and this
Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
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 property owner has agreed to annex to the City; and
WHEREAS, the City has agreed to serve the property upon annexation; and
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" and shown on map marked Exhibit "B"
attached hereto and made a part of this resolution as though fully set forth herein, located north
of Reina Road, between Jewetta Avenue and Allen 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, andkt~.~
City desires to receive tax revenues for benefits given and to be given to the territory
to be annexed.
5. That for this proposed annexation and the prezoning therefor, Ordinance No.
3819, which was adopted January 28, 1998, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment. A
Negative Declaration was prepared and posted on November 7, 1997.
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 one hundred percent (100%) consent 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 property owner shall, prior to the completion of the annexation,
obtain approval from the County for a lot line adjustment or other approval necessary to create
a legal addition of property to the territory to be annexed.
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
Bart Thiltgen
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
11. 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 2700 "M" Street, Suite 302, Bakersfield, California 93301.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakers. fi.eld at a regular meeting thereof held on
JUN 1 ~ ::.~'~ , by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio ~rk of the
Council of the City of BakersfieTd
APPROVED JU~ ~13 2001
HMAAyR~/oI~RYofL;h~eA~ of ~'a kersfield,//
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
MO:pah
Ju~e 12, 2001
S:~Annexaflon~N N422.ROA.wlxl
EXHIBIT 'A'
ANNEXATION No. 422
"REINA NUMBER 2"
BEING ALL THAT PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 26 EAST,
MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 12, SAID POINT
OF COMMENCEMENT ALSO BEING A POINT ON THE CENTERLINE OF REINA ROAD
AND THE CORNER COMMON TO PARCELS 10 AND 11 OF PARCEL MAP 9826, FILED
THE 16TM DAY OF OCTOBER, 1992 IN BOOK 44 OF PARCEL MAPS AT PAGE 132 IN THE
OFFICE OF THE KERN COUNTY RECORDER, SAID QUARTER CORNER BY
CALCULATED CONVERSION BEING 2,338,346.00 FEET NORTH AND 6,222,972.87 FEET
EAST PER CALIFORNIA COORDINATE SYSTEM (N.A.D. 83), ZONE 5; THENCE NORTH
89 DEGREES 16 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF SAID
PARCEL 11, A DISTANCE OF 30.00 FEET; THENCE NORTH 00 DEGREES 49 MINUTES 33
SECONDS EAST, 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
REINA ROAD, ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF OLD
FARM ROAD AND THE EXISTING CORPORATE BOUNDARY LINE OF THE CITY OF
BAKERSFIELD AND THE TRUE POINT OF BEGINNING;
THENCE (1) CONTINUING NORTH 00 DEGREES 49 MINUTES 33 SECONDS EAST ALONG
THE WEST RIGHT-OF-WAY LINE OF SAID OLD FARM ROAD A DISTANCE OF 2583.62
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OLIVE DRIVE;
THENCE (2) NORTH 89 DEGREES 18 MINUTES 22 SECONDS WEST ALONG LAST SAID
SOUTH RIGHT-OF-WAY LINE, 1207.07 FEET TO A POINT OF INTERSECTION WITH THE
SOUTHERLY PROLONGATION OF THE WEST LINE OF PARCEL 'C', LOT LINE
ADJUSTMENT 122-99, PER CERTIFICATE OF COMPLIANCE FILED DECEMBER 30, 1999
AS DOCUMENT NUMBER 0199183952 IN THE OFFICE OF THE KERN COUNTY
RECORDER;
THENCE (3) NORTH 00 DEGREES 44 MINUTES 36 SECONDS EAST ALONG LAST SAID
WEST LINE AND THE PROLONGATION THEREOF, 1688.23 FEET TO THE SOUTH LINE
OF LOT 'E' OF THE AFORESAID LOT LINE ADJUSTMENT;
THENCE (4) NORTH 89 DEGREES 22 MINUTES 01 SECONDS WEST ALONG LAST
SAID SOUTH LINE, 84.54 FEET TO THE SOUTHWEST CORNER OF SAID LOT 'E';
THENCE (5) NORTH 00 DEGREES 44 MINUTES 36 SECONDS EAST ALONG THE WEST
LINE OF SAID LOT 'E', 957.25 FEET TO THE SOUTH RiGHT-OF-WAY LINE OF SNOW
ROAD;
THENCE (6) SOUTH 89 DEGREES 17 MINUTES 53 SECONDS EAST ALONG LAST SAID
SOUTH RIGHT-OF-WAY LINE, 1355.41 FEET TO THE EAST RIGHT-OF-WAY LINE OF
OLD FARM ROAD;
THENCE (7) SOUTH 00 DEGREES 49 MINUTES 33 SECONDS WEST ALONG LAST SAID
EAST RIGHT-OF-WAY LINE, 1292.61 FEET TO THE NORTH LINE OF PARCEL 3 OF
SAID PARCEL MAP 9826;
THENCE (8) SOUTH 89 DEGREES 18 MINUTES 08 SECONDS EAST ALONG LAST SAID
NORTH LINE, 1289.83 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3;
THENCE (9) SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST ALONG THE EAST
LINE OF SAID PARCEL 3, 1322.51 FEET TO THE CORNER COMMON TO PARCELS 3, 4,
5 AND 6 OF SAID PARCEL MAP 9826;
THENCE (10) SOUTH 00 DEGREES 49 MINUTES 16 SECONDS WEST ALONG THE WEST
LINE OF THE AFORESAID PARCEL 5, A DISTANCE OF 1322.16 FEET TO THE
SOUTHWEST CORNER THEREOF;
THENCE (11) SOUTH 89 DEGREES 17 MINUTES 29 SECONDS EAST ALONG THE SOUTH
LINE OF SAID PARCEL 5, A DISTANCE OF 1289.90 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF JEWETTA AVENUE, ALSO BEING A POINT ON THE EXISTING
CORPORATE BOUNDARY LINE OF THE CITY OF BAKERSFIELD; THENCE ALONG SAID
EXISTING CORPORATE BOUNDARY LINE THE FOLLOWING 2 (TWO) COURSES;
(12) SOUTH 00 DEGREES 48 MINUTES 58 SECONDS WEST, 1292.49 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF REINA ROAD; THENCE;
(13) NORTH 89 DEGREES 16 M1NUTES 36 SECONDS WEST ALONG LAST SAID NORTH
RIGHT-OF-WAY LINE, 2640.02 FEET TO THE WEST RIGHT-OF-WAY LINE OF OLD FARM
ROAD AND THE TRUE POINT OF BEGINNING.
CONTAINING 237.31 ACRES.
T.29S. R.26E.
1 8 ~ 7 6 5
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ANNEXATION NO. 42~ EXHIBIT "B"
.~co..~ ~,-- CI~ OF BAKERSFIELD
KERN COUP, C~LI~NNi~ ENGINEERING DEPARTMENT
ANNEXATION NO. 422
(REINA NO. 2)
PLAN FOR PROVIDING SERVICES
SERVICES Agency Which Presently Provides Check Services Which City/District Indicate How Services Provided By
Service Will Provide City/District will be Financed (i.e.
general tax rote or special assessment.)
Upon Future Date
Annexation (specify)
Planning COUNTY CITY GENERAL TAX REVENUES
Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES
RECREATION & PARK DIST.
Library COUNTY N/A
Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES
Fire Protection COUNTY COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE
FUND
Street COUNTY CITY GENERAL AND GAS TAX
REVENUES
Construction BY PRIVATE DEVELOPMENT
Maintenance COUNTY CITY GENERAL AND GAS TAX
REVENUES
Sweeping CITY GENERAL AND GAS TAX
REVENUES
Lighting CITY GENERAL TAX REVENUES
Flood Control COUNTY CITY GENERAL TAX REVENUES
Sewerage NORTH OF THE RIVER USER FEE & PRVT. DVMT.
SANITARY DISTRICT
Water VAUGHN WATER SERVICE CO. USER FEE
Other (REFUSE) PRIVATE CITY USER FEE
G:\G ROUPDAT~IcgaI~2001 ~d',rNX422
EXHIBIT "C"
1. Please provide the following information, when applicable, only for service which will be provided by the applicant city.
Location
Indicate location from which service
will be provided (i.e. nearest fire
station, library, etc.)
POLICE-AIl police services in the City of Bakersfield are administered through ibc City
Police Department located at the s/w comer of Tmxtun Avenue and Eye Street
approximately 8 miles southeast of the annexation.
FIRE-Service will be provided by County Station No. 65 located at the Northeast comer
of Calloway Drive and Rosedale Highway pursuant to exchange wherein County protects
certain property within the City's jurisdiction. Thus, the City does incur the cost of
providing fire protection and the fire fund collected from the City's taxpayers must be
transferred to the County.
PARKS AND RECREATION - The annexation project is within the jurisdiction of the
North Bakersfield Recreation and Park District and is subject to all adopted requirements
and standards of the district.
LIBRARY-N/A
STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 will provide
necessary facilities, personnel and services to accommodate Public Works efforts.
CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Ma'mtenance and
personnel will be dispatched from the City Yard on a regular basis for preventative
maintenance as needed. Repair includes streets, constructed/maimenance, sweeping and
lighting when located within the City's right of way.
SEWER-The territory has access to the existing City tnmk sewer line in Jewetta Avenue
at Reina Road which was constructed as part of the City's northerly extension of the
"Judkins" trunk sewer system and is directed to City Wastewater Treatment Plant No. 3.
WATER-The territory is being served by the Vaughn Water Service Company and no
change will occur upon annexation.
OTHER-(Refuse)-When annexed, service will be provided by the City either by City
forces or by contracts with a franchise refuse collector.
Service Level Capacity
Indicate frequency and availability
of service (i.e., street sweeping,
response time for emergency services,
rec. pro,ams, etc.
24 hour patrol is provided in the immediate vicinity of this
annexation. First priority response is approximately 7.00
minutes or less.
Fire protection is provided on a 24-hour basis. The annexation
will not affect City or County Fire service capability or response
time.
Existing neighborhood Parks (City and County) are open to the
public at reasonable hours.
N/A
There will be no reduction in the range capacity of the City to
provide the necessary public work services to this area.
Services will be on a regular basis and "as needed".
Adequate capacity exists.
Adequate capacity exists.
City refuse pickup is twice a week.
111.
IV.
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 not affect the near term level or capability of the City to provide needed services. At the
time of development, additional police officers very likely will be required to maintain the current level of
city service. The planned future development of public streets and municipal facilities within the territory
will increase the future maintenance responsibility of the City but should not affect the existing level of
service.
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 maior facilities and dedicates them to the City. No unm'adim, or chanee
in facilities will be required in the territory for annexation. The territory is now totally vacant and the
proposed use is for single family residential development. The proposed development is to be phased over
a period of time.
Indicate and explain existing zoning in affected territory. The portion of the subject territory east of Old
Farm Road is presently zoned County E (I/4) (Estate, 1/4 acm or larger lot size) Zone which allows suburban
single family residential occupancy on estate-size lots. The remaining portion of the territory is zoned
Count,/A (Agriculture) Zone.
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.) The City prezoned the corresponding
County estate lots to City E (Estate One Family Dwelling) Zone which allows single-family residential
occupancy on 10,000 sq. ft. minimum size lots. The corresponding remainder area is prezoned City A
(Agriculture) Zone. The proposed prezoning is consistent with the Metropolitan Bakersfield 2010 General
Plan designation. However, the owner and the City have initiated a General Plan Amendment that will
change the City Zoning to R-1 (One Family Dwelling) Zone, R-l-CH (One Family-Church) Zone and R-2
(Limited Multiple Family Dwelling) Zone. See attached Zone Change map at page 4.
VII.
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 Count3, Sheriff services. 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.
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 1.104910% 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 City and remainder to the Count,? for providing health care and social services.
(Rate as shown on 2000-2001 County Auditor-Controller Tax Rate List).
Would affected area be subject to any bonded indebtedness of the city/district: lfso, explain. No, the last
listed ( 1992-93 ) City bounded indebtedness has been paid offand the current (2000-2001) tax rate list shows
no city bonded indebtedness.
How will the difference in tax rates affect a property with a mai'ket value of $50,000.00?
The propert~ rate will not increase due to annexation and re-assessment will not occur due to annexation.
~ 11
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ZONE CHANGE P01-0228
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