HomeMy WebLinkAboutRES NO 109-09
RESOLUTION NO. 10 9 " 0 9
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 520
LOCATED AT THE SOUTHWEST CORNER OF GOSFORD
ROAD AND McCUTCHEN ROAD. (WARD 5).
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 Gosford Road and McCutchen Road; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, some of the property owner of the territory have 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:
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" for
the project attached hereto and made a part of this resolution as though fully set
forth herein, located at the southwest corner of Gosford Road and McCutchen 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 some of the
property owners of the affected territory desires 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 a Notice of Exemption for the annexation is determined to be
adequate for the annexation proposal.
4' m
r
riRIGINAL
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
not 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 territory proposed for annexation is completely surrounded by the city limits.
11. 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.
12. 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
13. 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 r kF9
J ~
r?RIGINAL
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 SEP 2 4 200A
by the following vote:
V/ V// ✓ ✓
YES' COUNCILMEMBER: CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER
N S: COUNCILMEMBER:
A N: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
PAMELA A. McCARTHY, C
CITY CLERK and Ex Offici rk of the
SEP 2 3 2009 Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GE ARO
Cit/tty
By- a
EXHIBIT
S: A - Legal Description
B - Map
C - Plan for Services
D - Notice of Exemption
DL:dc
S:\Hnnexation\Res of Applic\ROA 520.doc
AkF9s
3 m
U G
ORIGINAL
EXHIBIT "A"
ANNEXATION NO. 520
GOSFORD NO.3
Being a portion of the Northeast quarter of Section 32, Township 30 South,
Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of
California, more particularly described as follows:
Commencing at the Northeast corner of said Northeast quarter, point also being
the intersection of the centerlines of McCutchen Road (County Road No. 35) and
Gosford Road (County Road No. 238), thence South 00°21'01" West, along the
East line of said Section 32, a distance of 30.00 feet, to a point on the south
right-of-way of McCutchen Road dedicated to the County of Kern per Board of
Supervisor Minute Book 2 Page 233, thence North 89°17'50" West, along said
south right-of-way, a distance of 30.00 feet, to a point on the existing city
corporate boundary said point also being the TRUE POINT OF BEGINNING;
Thence along the existing city corporate boundary the following four (4) courses;
Thence (1) South 00°21'01" West, a distance of 1065.43 feet, to a point on the
South line of Parcel Map 10573 recorded November 13, 1998 and
filed in Parcel Map Book 50, Page 30 in the office of the Kern
County Recorder;
Thence (2) North 89°15'58" West along said South line of Parcel Map 10573, a
distance of 1289.79 feet, to a point on the West line of said Parcel
Map 10573;
Thence (3) North 00°22'34" East along said West line of said Parcel Map
10573, a distance of 1064.73 feet, to a point on said South right-of-
way of McCutchen Road (County Road No. 35);
Thence (4) South 89°17'50" East along said South right of-way of McCutchen
Road (County Road No. 35), a distance of 1289.30 feet, to the
TRUE POINT OF BEGINNING.
Containing 31.53 Acres
CHECKEDby my -9
OFFICE ~o
I~'MI ~OUN'fY SU mpm~
L v
* I.
Approved,by 0 0
`c c~
SAANNEXATIOWNNEX 5201EXHIBrr A.doc
rn
r
0
`~~~tIGINAL
W N o
I~ o Wi d o w m
N j ? o w
~y Z J o E o p 5 w
LL l5~ j is 2 N
(Vyez ~z ~ w
w= i 2 O N
LL a N f w~ J ° p LL w J p y
C7 ~~z w F ° w o v w
Z. 0
z' a N jZ J? w z = a" F a w i i 2
a N
N (n nfwNw 0w0 > w m w- o
O z
N y oz H N N °Wwpp z <NJ w rc z w = u N N w> zo w N w w H w ° N o W o oz 0, cr) LL ~ .0-a a Earc o w w rc p t~ q Z' o
a 33QQ z a> w ~n
j 7 7 m ~0 O ~7~O Z N N° w N 0 3 U 2 6 0 6 N rc N¢ p¢ w 0 2 2
CC O
wG ~Nsssss`LLLLLL~ ~~LL s g'o°_ =m°joJo>w'o~ w'~
X i w z i z i ~d w,°w m a U = o F i a F w a 6 w u
w 0 z d i o 0 0 1
r« u F i
o w w N w w w w w w 8 2 w w
LL Z N 0 = w F rc rc a rc rc s $ F~~ o¢¢ g r s d z u v g 'a u v °o wo a a o u w i O
O Z M Z ? -
V n a N A
w a r a _ _
w a
V O V J p a a' G$ Q S u u n 27 s f a o i a LL LL o a° ti
u
u
I
g
0000
K
K.
xi
i'
wa i~
i
i.
N~3
_ c
a
O
w0z°
tt
S Z OR
w ~
as aania aio - -
.....:.~yr o m
NY~3/ w N
a
m
r
ZONING MAP 123-32 0
ORIGINAL
C
~ Q
ct~ o
Q Z
:D cl-
o Iv m co C w
C--~ z g as oaoasoo
LL- cn Lj U J U U
Q
O O LLJ n Q X W U Z Z
2 Q O z D ~ Z ~
ZO m U z cw CI- o
o Q '
z U m CL
° _ Q
Q O o o U L-
Z z v U U° z o o w
o
X Z J - F a s
CI- L'i
Z U ~ O c l Z Z Z
O Q FORR W ~ ~ Q Cn (I Q- V as a3ni6 ago
LL-i
~O S O O
Q= a
W F
10-010-ZCS
69-Cl 0311Y
Y0 e
90L d
'b tOf9 ' 40
Irt290681 000
0
NO 3]9-00 30 3LYJUUN3J
ON 3HSV
3 ✓ (~I rrr 1'0N NOLLYX3NNY g^i h\
gg~ ~ ~ hU
it _ ,ZS'S~92 M,10,tZ005 _ A
R f1' 90l M 10 IZ005' 9 I' ,
Y ;
O
W¢ 2^~~ ~ I
~h I
oh
d zh
I
h h
N
z 2
F W
egh :°~ry~o
°zg:o W °o
~oo
S
i ho
8T-,-
o ~ "Su~'~n W ~iR•o', ~a~ooa
o~
0
~ rAe i
~ n~o G3 °o _
~i$n d o F O
a`~imr U
o a . _ Ems. U•? GW]
a o k- II
o z' ¢ o z c
u
k901 3. ~f.LL.00N
v ~
~o
~w o
CO-010-fYS NdY
90-9L-60 '031 YO
~c 1&06Z90LX '000
N043,drv00 J 31V013IL830 G ~L1
f ON N3H01NOON ~f~
990 ON NOLLYX3NNY r
m
r
O
GINAL
0 C7
In >
z° cn W
z° LL
F-
zzp a~ V) co cnvi w cncn
0 U- N 283 » » i~
a 0 d w w w w V) O U) U) w w D
Z z~ XM~~c{{ XMW Wa 0 MMx
a 3Cl) ' c~o_ QQ QQ z
a OZ Q4
z< Cl)
o i C J J J J W U w W J J
W W W
as as°aam ~~aawww
m N E Q cr cc Z Q Z Q Z LL LL LL
"'-%-m WW WWOWwMWWWWWWMMM a: cr
2m~ zz zzzz>az>Z>zzwww
d•- N wWawWOWW}WWWWW WWWO
SU M ccza0LL C'3a[m MU' maam0
U
N
O
W U
> y
M O v N
Lu d m
Cl) W
= a
? Y O LL X
m4z
0-0
_ U3 000 U 0 0 UUU
K
CL
W C 0
LL a:
5 a z CL
CL 3
a
U
zzccz zz z zz z
»>wD » > »~U
m 000=0 00 00-0
a~ 0101 CO U UU UUUU V 18 co z
cn oc-$ ° L
O C O
cc z
61 z
cwn as-1a°ii 0 ~ (n -_jI-L 30 g
y
m
r
O
)RIGINAL
L 8 m ~1 aC _N
n 0 ~ U m
c O as
tmA m O t U3
.S2 (:0: L o
X m
O O O C
Q. c o °
Q. 0 ° amp m
E y N Q.
U m ~Y
LN.~0 Eai (00` Z (COo
_ m
~av U m 2
C > " y U V) O fi G
m •o YL C C =
ca3 0
05 E- 0
'0 0
mmc("nom on aoy y ~y(a xy m (n
m Q m N Q. N C d y O 3
vmi2 LLB, 3 Lcd Cm~ m a X
(mac o m 9 d d 3 iY U Q.
O' d ` Q m O CD
O O (n y
m 3 - (4 (o w
U) CC (0 Q. CD
0 9 2) =3
47
N m u. to W$ W L F~ O VJ Q U
3
V L N C 0= m Ca 'p to y 0 C •p ~ % L 3 w I- CO E ~S 3 ( v~ ` m m
C
Q3y °v 3 ° 0 ~U ~i m a`s
"L' A U K n C> (~17 VJ m p C~ 't
m m N O = U C O £ U y_ O (D N
m O Q. i z -a C Ql U) C C
o m C f0 O 3 y (d O m L L C V C U
O T) Q O• m N ~ d C Ca 0= - (C
W at z cc
C~ ECm cc >cpd ~~co SE m
p r to C Q O m® to
m4) 2 ~ M y C O c E t9 (d L m CO
yc~ ~y
y U Z~'- m C O
vo z°~ r
R o
Q. Y E-(a C9 3 v a$
m c m O Y m gVp1 Z O U C m n_
0 IL
16 N am SO
.2 uj
-
m .032 Ci
9 or- La 06 0 4)
.G .2 ' 4) ii w M= CL
C 3 y N 'a W Z V C y L C; M!
C V C C Sm m C am ~ C m y
o m E L c IaC c o o° c 3 0
ai Z E v a CO .c (a U L a- 1 U (a Fi
aac mm 2 8~
~(n x a
t o m y (r3 xm 9 Q.~+' U vi as E >+m L'S c
CL W ts C
w W
.2 -p 0 0
S c a 0-4) x c~.i Om Ft- 9 E m c.m m 0 Z
7 5
30 d F-C~cc
aQ~
Q. 16C~ X4.0wf may > Z` q>>
m~ f7=_ ~ W >1 Cu (nay, N ~ c m 3 Q 3 ¢ ' ~
m~5 3 a JU~ W ~a,V ~V W y c ay O 3W~ W o w
d V) 2 d ea J d1 c m U Q 8 0[ $ $ 3 U
N
m
r
- O
r)RIGINAL
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.): It 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
u2grading or change in facilities will be reguired in the territory for annexation
3. Indicate and explain existing zoning in affected territory. The territory is presently zoned County A
(Exclusive Agricultural) 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.Q City has
adopted the pre-zoning M-2 (General Manufacturing Zone) and A (Agricultural 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 timelier 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
gorporate 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 eguals 1.065500% 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 subiect to a Williamson Act Contract.
3' ;3 ~ kF9
SAANNEXATIONWNNEX 520tExhibit C.DOC T
f-- m
t ~ r-
U
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 - Gosford No. 3, Annexation No 520
Project Location-Specific: Generally located at the southwest corner of Gosford Road and McCutchen Road
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: The project proposes the annexation of three separate parcels land into the City of Bakersfield The
largest parcel is approximately 20 acres and contains a fully operational a concrete batch facility. This property is zoned M-2
(General Manufacturine) and has a land use designation of SI (Service Industrial) The remaining two parcels (approximately 9
acres) are zoned A (Agriculture) uses: however both parcels are fully developed and not being used for any agricultural
production The project site in completely surrounded by city boundary
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 (a)
- Statutory Exemptions. State code number.
Reasons why project is exempt: The project involves the annexation of approximately 30 acres of developed land to the City
of Bakersfield. No changes in land use or zoning are proposed for the project site. The parcels are located in an urbanized area
and the project site is prezoned for industrial and agricultural uses Since these parcels are fully developed the proposal is to
permit a change in jurisdiction only. Therefore it can be seen with certainty that the annexation of this property would not 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: _September 24, 2009 Title: Assistant Planner
X Signed by Lead Agency Date received for filing atOPR:
Signed by Applicant 6AK,"q
S:Wnnexation\NoExemptionNOE 520.doc rn
U 0
ORIGINAL