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Home My WebLink AboutRES NO 037-09RESOLUTION NO. 0 3 7- n 9 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 618 LOCATED ON THE WEST SIDE OF ALLEN ROAD, NORTH OF STOCKDALE HIGHWAY. (WARD 4). 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 on the west side of Allen Road, north of Stockdale Highway; 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 on the west side of Allen Road, north of Stockdale Highway. 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. `gAK4 ~ r c3 0 ORIGINAI 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 1600 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Virginia Gennaro City Attorney City of Bakersfield 1600 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. 000 2 `gPKF9 o' sT > m Q:7 ORIGINAL 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 APR 0 1 2009 by the following vote: V.YE COUNCILMEMBER: CARSON,BENHAM, W IE RGA464, HANSON, SU ILL VAN, SCR VI NER COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: 4Lrrti_o ABSENT: COUNCILMEMBER: 0 LC l.. PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of th Council of the City of Bakersfield APPROVED APR 0 1 2009 MAYOR of the City of Bakersfield By: i EXHIBITS: A - Legal Description B - Map C - Plan for Services D - Notice of Exemption DL:dc S:\Annexation\Res of Applic\ROA 618.doc 3 O gPK~~~s ORIGINAL. APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney EXHIBIT "A" ANNEXATION NO. 618 ALLEN NO. 18 LEGAL DESCRIPTION BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35, MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT PER TRACT NO. 3620, FILED FOR RECORD MARCH 12, 1981, IN MAP BOOK 30 AT PAGES 186 AND 187, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING ON THE CENTERLINE OF ALLEN ROAD; THENCE NORTH 00°19'41" WEST, ALONG THE EAST LINE OF SAID SECTION AND THE CENTERLINE OF ALLEN ROAD, A DISTANCE OF 174.95 FEET; THENCE DEPARTING SAID EAST LINE AND SAID CENTERLINE AT RIGHT ANGLES, SOUTH 89°40'19" WEST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE CITY CORPORATE BOUNDARY, A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ALLEN ROAD AND THE NORTHEAST CORNER OF LOT 33 OF SAID TRACT NO. 3620; THENCE ALONG THE FOLLOWING SIX (6) COURSES: 1) DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 89°37'19" WEST, ALONG THE CITY CORPORATE BOUNDARY AND ALONG THE NORTHERLY LINE OF SAID LOT 33, A DISTANCE OF 345.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 33, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 4 OF SAID TRACT NO. 3620; THENCE 2) DEPARTING SAID CITY CORPORATE BOUNDARY, NORTH 00°1941" WEST, ALONG THE EASTERLY LINE OF LOTS 4, 3, 2 AND 1 OF SAID TRACT NO. 3620, A DISTANCE OF 573.68 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAN JUAN AVENUE, SAID POINT BEING 30.00 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF SAN JUAN AVENUE;THENCE 3) NORTH 89°40'23" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 11 OF TRACT NO. 3619, FILED FOR RECORD JANUARY 22, 1979, IN MAP BOOK 28 AT PAGES 138 AND 139, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 4) SOUTH 00°19'41" EAST, ALONG THE WESTERLY LINE OF SAID LOT 11, A DISTANCE OF 222.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 32 OF SAID TRACT NO. 3620; THENCE P:\PROJECTS\08154\Legals\08154AX01.doc EST/GC 12/10/2008 p OAKF,~~ y 'r ti- rr r- 0 C ORIGINAL EXHIBIT "A" ANNEXATION NO. 618 ALLEN NO. 18 LEGAL DESCRIPTION (CONTINUED) 5) NORTH 89°40'19" EAST, ALONG THE NORTHERLY LINE OF SAID LOT 32, A DISTANCE OF 325.00 FEET TO THE CITY CORPORATE BOUNDARY AND THE WESTERLY RIGHT-OF-WAY LINE OF ALLEN ROAD, SAID POINT BEING 55.00 FEET WESTERLY, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF ALLEN ROAD; THENCE 6) SOUTH 00°19'41" EAST, ALONG SAID CITY SAID WESTERLY RIGHT-OF-WAY LINE, A THE POINT OF BEGINNING. CONTAINING 2.89 ACRES, MORE OR LESS. CORPORATE BOUNDARY AND DISTANCE OF 351.37 FEET TO fP'!- ° S Nil, )'iiFW L WKS EV 1f-3o-to ' Ls 5798 CHECKED by KERN COUNTY SURVEYORS OFFICE Data Z f/'/ /v q Approved by , We v M- CIWOSH &Ass=Am 881-8344814 • Fax 834-0872 2001 Wheefan Court - 8akerelield, CA 93306 P:\PROJECTS108154\LEGALS108154AX01.DOC EBT/GC 12/10/2008 I2 • la .08 L~AKF9 p~ J F.. n r L3 C ORIGINAL vr~~ 99'ON NOLLYX3W Y N MVD n . as a Y._. i'ON NFM I'FM ru .M - 11m17Y~1fmiWliMeWe ~1 I ~I. ~ 1WN uvmw.wx i F-*.-♦--.-~ owasn l1J N: `h •n A`~ ii. ~1~QY 17 ~F- • jlJ~e--fib orowiah[wi~b ~ R~ wsir,w _,1 _ ~I H w _ I jl 47 Y~ 6 m ~r 8 ' i O ~ eu~ •ae trtonv a~aeo»e ~ I ee-eri au wwunour s~b~dt : t avueeON rI wo e q j 1 I leg 'ON NG v10Nln ~1 y 11 4O. b O z - - - U' am '4WOO) 1 P III a + n I l ' I ao, j= I(~ ------n--~ - - - - ~N I% I I j ~ I ji ANNEXATION NO. 618 (ALLEN NO. 18) EXHIBIT "C" PLAN FOR PROVIDING SERVICES SERVICES Aaencv Which Presently Provides Check Services Which Citv/District Service Will Provide Upon Future Date Annexation (specify) Planning I COUNTY I CITY Parks and Recreation NORTH BAKERSFIELD NORTH BAKERSFIELD RECREATION & PARK DIST. RECREATION & PARK DIST. Library I COUNTY I COUNTY Police Protection I SHERIFF & HIGHWAY PATROL I CITY Fire Protection CITY CITY Street CITY/COUNTY CITY Construction I I Maintenance i CITY CITY Sweeping CITY CITY Lighting I CITY/COUNTY I CITY Flood Control I COUNTY I CITY Sewerage I COUNTY I CITY (See Page 2) Water I I CITY Other (REFUSE) COUNTY I CITY ~ tvITY pc G) v r al3o-1- C:\D000ME-1\dlewis\LOCALS-1\Temp\XPgrpwise\Exhibit C.DOC Indicate How Services Provided By Citv/District will be Financed (i.e., aeneral tax rate or special assessment.) I GENERAL TAX REVENUES GENERAL TAX REVENUES N/A I GENERAL TAX REVENUES GENERAL TAX REVENUES, FIRE FUND GENERAL AND GAS TAX REVENUES I BY PRIVATE DEVELOPMENT GENERAL AND GAS TAX REVENUES GENERAL AND GAS TAX REVENUES I GENERAL TAX REVENUES GENERAL TAX REVENUES I USER FEE & PRVT. DVMT. I USER FEE USER FEE q Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Service Level Capacity Indicate location from which service Indicate frequency and availability will be provided (i.e. nearest fire of service (i.e., street sweeping, station, library, etc.) response time for emergency services, rec. programs, etc. POLICE-All police services in the City of Bakersfield are administered through . 24 hour patrol is provided in the immediate vicinity of this the City Police Department located at 1601 Truxtun Avenue approximately 9 annexation. First priority response is approximately 7.00 miles east of the annexation. The Southwest substation at 1301 Buena Vista Rd. minutes or less. is located approximately 2 miles east of the annexation. FIRE- Service will be provided by City of Bakersfield Station No. 15 located at Fire protection is provided on a 24-hour basis. The 1301 Buena Vista Rd. approximately 2 miles to the east. The City incurs the cost annexation will not affect City or County Fire service d of providing fire protection. Thus, the fire fund collection must be transferred to capability or response time. the City pursuant to the Joint Powers Agreement 05-329. PARKS AND RECREATION - The annexation project is within the jurisdiction of Existing neighborhood Parks (City and County) are open the North Bakersfield Recreation and Park District and is subject to all adopted to the public at reasonable hours. requirements and standards of the district. LIBRARY- Area is served by Kern County Library System. The annexation project is served by the Southwest Library located at 8301 Ming Avenue, approximately 4 miles east. STREETS- The City Corporation Yard on Truxtun Avenue west of Freeway 99 There will be no reduction in the range capacity of the City will provide necessary facilities, personnel and services to accommodate Public to provide the necessary public work services to this area. Works efforts. Services will be on a regular basis and "as needed". CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING- Maintenance and There will be no reduction in the range capacity of the City personnel will be dispatched from the City Corporation Yard on a regular basis to provide the necessary public work services to this area. for preventative maintenance as needed. Repair includes streets, Services will be on a regular basis and "as needed". constructed/maintenance, sweeping and lighting when located within the City's right of way. SEWER- The territory can be served by the City sewer main line in Stockdale Adequate capacity exists. Highway at Allen Rd. which is directed to City Wastewater Treatment Plant No. III. WATER-The territory is presently undeveloped and currently no water service is Adequate capacity exists. being provided to the site. The city will provide water service upon annexation. OTHER-(Refuse)-When annexed, service will be provided by the City either by City refuse pickup is once or twice a week. City forces or by contracts with a franchise refuse collector. 0CITYp,C, _2_ v CADOCUME-1\dlewis\LOCALS-1\Temp\XPgrpwise\ExhibitC.DOC D C71'3 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 caoability of the Citv to provide needed services. At the time of any future development. it is unlikely that additional police officers would be reouired to maintain the current level of city service. The develooment of any public streets or municipal facilities within the territory will increase the future maintenance responsibility of the Citv but should not affect the existino 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 oavs for maior facilities and dedicates them to the City. Uparadina or chanae in facilities. road imorovements. will be reouired in the territory for annexation. 3. Indicate and explain existing zoning in affected territory. The territorv is Dresentiv countv C-1 PD (Precise Development) Zone. 4. Indicate and explain proposed pre-zoning 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 pre-zoned the territorv to correspond to Citv C-1 (Neiahborhood Commercial) Zone adopted Januarv 28. 1998 by Ordinance 3819. 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. Citv Police should be able to respond in a more timely manner than oresent County Sheriff services. Parcels within the incorporated area are allowed to connect to available City sewer and or water system lines. The present Citv refuse collection rate is substantially lower than fees county residents now oav to independent companies. No special assessments or charaes for street sweeoina. leaf collection. street liahtina enerav costs and fire hydrants when located within the City's incorporated area. City aovernment also provides increased oolitical 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 existina tax rate in the area ecuals 1.067962% of assessed market value. This represents the total orooertv tax rate. When annexed a desianated oercentaae of the total orooertv tax of the area will accrue to the City and remainder to the Countv for Drovidina health care and social services. (Rate as shown on 2008-2009 County Auditor- Controllers 2008 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 citv bonded indebtedness. 8. How will the difference in tax rates affect a property with a market value of $50,000.00? The orooertv rate will not increase due to annexation and re-assessment will not occur due to, annexation. Is the proposed area subject to a Williamson Act Contract? No. the existina annexation area is not subiect to a Williamson Act Contract. C:\DOCUME-1\dlewis\LOCALS-1\Temp\XPgrpwise\Exhibit C.DOC -3- , OAK` ~9 O' J'-n ~ m r U ~ ORIGINAI EXHIBHT "D" NOTICE OF EXEMPTION Appendix I TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City of Bakersfield Development Services Department-Planning Div. 1715 Chester Avenue Bakersfield, CA 93301 X County Clerk, County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: Annexation to the Citv of Bakersfield - Allen No. 18. Annexation No. 618 Project Location-Specific: Generallv located on the west side of Allen Road. north of Stockdale Hivhwav. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: The Droiect proposes the annexation of a parcel of land into the Citv of Bakersfield. The parcel is undeveloped and abuts citv boundary to the south and east. The DrODertv is prezoned C-I (Neighborhood Commercial) and the land use designation is GC (General Commercial). Although the property owner has no immediate plans to develop the property, he is reauestine to annex the property as Drezoned and will develop a commercial use in the future. Name of Public Agency Approving Project: Citv of Bakersfield. Name of Person or Agency Carrying Out Project: Citv of Bakersfield Exempt Status: Ministerial (Sec.21080(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 Droiect involves the annexation of a 2.89 acre parcel of land to the Citv of Bakersfield. No changes in land use or zoning are proposed for the Droiect site. The Darcel is located in an urbanized area and the site is prezoned for commercial development. No development Dlans are being proposed at this time: however the property owner plans to develop the DrODerty in the future. Since the nroDosal is a change of iurisdiction only, it can be seen with certaintv that there is no Dossibilitv that the annexation of the DrODerty would have a significant effect on the environment. Lead Agency: Citv of Bakersfield Contact Person: Martin Ortiz. 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: Date: April 2. 2009 Title: Assistant Planner X Signed by Lead Agency Signed by Applicant SAWnnexation\NoExemption\NOE 618.doc Date received for filing at OPlp KF,q 'm ~ r J O ORIGINAL