HomeMy WebLinkAboutRES NO 184-08RESOLUTION NO. 1 8 ~ - O
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 615
LOCATED AT EAST BERKSHIRE ROAD, WEST OF
MADISON STREET. (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 street for right-of-way purposes
located at East Berkshire Road, west of Madison Street; and
WHEREAS, the City needs to annex this portion of roadway to provide necessary access to
development in the area; and
and
WHEREAS, the City agrees to serve and maintain the street right-of-way upon annexation;
WHEREAS, the property owner of the territory has consented to annexation to the City of
Bakersfield; 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"
attached hereto and made a part of this resolution as though fully set forth herein,
located at East Berkshire Road, west of Madison Street.
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 City of
Bakersfield needs to acquire this portion of East Berkshire Road right-of-way for
development purposes and to provide for the necessary public improvements along
this portion of East Berkshire Road.
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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ORIGINAL
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 2 2 2008 ,
by the following vote:
AYE COUNCILMEMBER: CAR50N, BENHAM WEI 86ki21t HANSON, S1~L~d, SC IVNER
ES: COUNCILMEMBER: ~i.tru_Q
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: ~nra r SnA 1 l i r~o-
APPROVED OCT 2 2
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cler f the
Council of the City of Bakersfield
By: m-
EXHIBITS: A Legal Description
B Map
C Plan for Services
D Notice of Exemption
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EXHIBIT "A"
ANNEXATION NO. 615
BERKSHIRE NO.S
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29,
TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., KERN COUNTY CALIFORNIA,
LYING NORTH OF THE NORTH LINE OF PARCEL"D" OF PARCEL MAP NO. 3913,
RECORDED IN PARCEL MAP BOOK 19, PAGE 40 IN THE OFFICE OF THE KERN
COUNTY RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at the Northeast corner of said Southwest Quarter of Section 29; thence
(1) SO°00'59"E along the East line of said Southwest Quarter, 20.00 feet to the
Northeast comer of said Parcel "D"; thence
(2) S89°54'30"W along the North line of said Parcel "D", 606.35 feet to the
Northwest corner thereof; thence
(3) NO°00'35"W along the Northerly extension of the West line of said Parcel "D",
20.00 feet to a point on the North line of said Southwest Quarter; thence
(4) N89°54'30"E along said North line, 606.35 feet to the Point of Beginning.
Containing 0.28 Acres, More or Less.
CHECKED by
I~iN OOUPITY S RV~ RS OFFICE
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Approved by
DELMARTER AND DEIFEL
Q~tOFESSIpN~
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Ja es K. Delmarter No.17564
. C. E. 17564 Expires: 6-30-2009 * ~• ~~
Date: ~~ ~0~08 sr~~ of ca ~°~
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ANNEXATION N0. 481 - PANAMA LANE N0. 16
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C/L BERKSHIRE ROAD CENTER SEC 29 30/28
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ANNEXATION N0. 546 - HOSKING N0. 11
PARCEL D PARCEL MAP N0. 3913
PER PARCEL MAP BK. 19, PG. 40
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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 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 of
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
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 developer be responsible for financing? if
annexation. - -- "-
3. Indicate and explain existing zoning in affected territory. County zoned the territorv A (Exclusive
Agriculture).
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
adopted Ordinance No. 4323 chapping the zoning from A (Agriculture) to R 1 (One Family
Dwellin
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
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 1.132266% 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
Countv for providing health care and social services (Rate as shown on 2005-2006 Countv
Auditor-Controllers 2005 Lien Date).
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No, the 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 subiect to a Williamson Act Contract.
Q:WNNEXATIONWnnex 546\Fachibit C.DOC
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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: Berkshire No. 5 Annexation No. 615
Project Location-Specific: Generally located on East Berkshire Road, west of Madison Street.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Annexation. of a 0.28 acre strip of East Berkshire Road to acquire the right-of--way necessary for
development and public improvements alone a portion of East Berkshire Road.
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 (Sea21080(b)(3); 15269(a));
_ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
X Categorical Exemption. State type and section number. 15301 (c), Existing Facilities
_ Statutory Exemptions. State code number.
Reasons why project is exempt: The City of Bakersfield proposes to annexation a 0.28 acre portion of East Berkshire Road for
right-of-wav nurooses. Improvement of this portion of East Berkshire Road will involve only minor alterations to an existine
public roadway. The City of Bakersfield proposes to annex the 20 foot wide strip of highway right-of--way and improve the
roadwa, ty o city standards. Given that the proposal is to improve an existing roadway and only a minor alteration to a public
structure, it can be seen with certainty that there is no possibility that the annexation and improvements to a section of roadway to
the Citv of Bakersfield would have a significant effect on the environment.
Lead Agency: City of Bakersfield
Contact Person: Marc Gauthier, Principal Planner Area Code/Telephone/Extension: X661 32
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 23, 2008 Title: Assistant Planner
Signed by Applicant
S:Wnnexation\NoExemption\NOE 615.doc
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Date received for filing at OPR:
ORIGINAL