HomeMy WebLinkAboutRES NO 090-09
RESOLUTION NO. 0 9 0- 0 9
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 607
LOCATED ON THE WEST SIDE OF ALLEN ROAD,
NORTH OF ROSEDALE 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 Rosedale 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 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:
1. 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 on the west side of Allen Road, north of Rosedale 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, the City
prepared an environmental document in accordance with State CEQA guidelines
and will use the environmental document for the proposed prezoning and
annexation.
6. That the laws and regulations relating to the preparation and adoption of the o~bMet'
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ORIGINAL
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.
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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 4 2009
by the following vote:
AYES: COUNCILMEMBER: CARSON BEN M, WEIR, OUCH,St21VPWSULLIVAN
COUNCILMEMBER: nV PIS-
ABSTAIN: COUNCILMEMBER: 11( h4 -.1
ABSENT: COUNCILMEMBER: H/16156M
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk the
APPROVED iJUL 2 9 Council of the City of Bakersfield
HARVE L. H9LL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~Wdl Z~
EXHIBITS: A Legal Description
B Map
C Plan for Services
D Notice of Exemption
S:\Annexation\Res of Applic\ROA 607.docx o4$AK4
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ORIGINAL
EXHIBIT "A"
"ALLEN NO. 17"
ANNEXATION NO. 607
TO THE CITY OF BAKERSFIELD
BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 6052 RECORDED IN
PARCEL MAP BOOK 26 AT PAGE 150 RECORDED IN THE KERN COUNTY
RECORDER'S OFFICE, BEING IN A PORTION OF THE SOUTHEAST % OF
SECTION 23, T.29S., R.26E., M.D.B.&M., KERN COUNTY, CALIFORNIA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23;
THENCE ALONG THE EAST LINE OF SAID SECTION 23 AND THE
CENTERLINE OF ALLEN ROAD (COUNTY ROAD NO. 67) N 0° 19' 19" W, A
DISTANCE OF 1317.47 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL 2; THENCE ALONG THE SOUTH LINE THEREOF, S 890 37'29"W, A
DISTANCE OF 55.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID
ALLEN ROAD AND THE TRUE POINT OF BEGINNING; THENCE 1)
CONTINUING ALONG SAID SOUTH LINE, S 89° 37'29"W, A DISTANCE OF
275.63 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE
2) ALONG THE WEST LINE OF SAID PARCEL 2, N 0° 19'27- W, A DISTANCE
OF 164.775 FEET TO THE NORTHWEST CORNER THEREOF; THENCE 3)
ALONG THE NORTH LINE OF SAID PARCEL 2, N 890 39'06"E, A DISTANCE
OF 275.636 FEET TO SAID WEST RIGHT-OF-WAY LINE OF ALLEN ROAD;
THENCE 4) ALONG SAID RIGHT-OF-WAY LINE, S 0° 19'19- E, A DISTANCE
OF 164.65 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1.04 ACRES NET.
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KERN COUNTY SURVEYORS OFFICE s~'~TF FICa
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ORIGINAL
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 territory will not affect the near term level or capability of the City to
provide needed services. At the time of any future development it is unlikely that additional
police officers would be required to maintain the current level of city service. The development of
any public streets or municipal facilities within the territory will increase the future maintenance
responsibility of the City 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 City. No
upgrading or change in facilities will be required in the territory for annexation.
3. Indicate and explain existing zoning in affected territory. The territory is presently zoned County
E(1)RS Estate 1 Acre Residential Suburban Combining 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 City has
adopt the pre-zoning R-S-1A Residential Suburban (one acre min. lot size) which is similar to
County E(1)RS Estate 1 Acre Residential Suburban Combining 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 City 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 1.067962% 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
County for providing health care and social services. (Rate as shown on 2008-2009 County
Auditor-Controllers Tax Rates and Assessed Values).
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No, the last listed (1992-93) City bounded indebtedness has been paid off and the current 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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C:\DOCUME-1\dlewis\LOCALS-1\Temp\XPgrpwise\Exhibit C.DOC
Prepared 6/19/09 rn
ORIGINAL
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: Annexation to the City of Bakersfield - Allen No. 17, Annexation No. 607
Project Location-Specific: Generally located on the west side of Allen Road, north of Rosedale Highway.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: The project proposes the annexation of a parcel of land into the City of Bakersfield. The parcel has
been developed as a neighborhood church The prone is prezoned R-S-IA (Residential-Surburban-1Acre) and the land use
designation ER (Estate Residential). No chances are being proposed for the project site. The property owners request annexation
to receive city services.
Name of Public Agency Approving Project: City of Bakersfield.
Name of Person or Agency Carrying Out Project: City 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 project involves the annexation of a 1.04 acre parcel of land to the City of Bakersfield.
No changes in land use or zoning are proposed for the project site The parcel is located in an urbanized area and the prope is
fully developed as a neighborhood church. Since the proposal involves the annexation of an existing private structure, that is
developed to the density allowed by the current pre-zoning and no changes are being proposed to the site, it can be seen with
certainty that the annexation of this property would no have a significant effect on the environment.
Lead Agency: City of Bakersfield
Contact Person: Debbie Lewis, Assistant 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: July 30, 2009 Title: Assistant Planner
X Signed by Lead Agency Date received forfihngatOPR:
Signed by Applicant o~gAKF9~,
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