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HomeMy WebLinkAboutRES NO 033-10 RESOLUTION NO. 0 33- 10 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 626 LOCATED ALONG THE SOUTH SIDE OF TAFT HIGHWAY, ON THE EAST AND WEST SIDE OF COMPAGNONI STREET. (WARD 7). 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 along the south side of Taft Highway, on the east and west side of Campagnoni Street; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the majority of property owners 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 along the south side of Taft Highway, on the east and west side of Campagnoni 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 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 a notice of exemption for the annexation is determined to be adequate for the annexation proposal. 6. That the laws and regulations relating to the preparation and adoption of a notice of < 0H 7-3ir Ja 4L exemption 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 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: Roberta Gafford 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 K R ~~r.J 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 MAR 2A 7010 by the following vote: YE COUNCILMEMBER: CARSON BENHAM, WEIR, COUCH, HANSON, SUL/ VAN, SCRIVNER S: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: r ROBERTA GAFFORD, C CITY CLERK and Ex IN o Jerk of the Council of the City of Bakersfield APPROVED MAR 2 4 2010 HARV .H L MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: cc, EXHIBITS: A - Legal Description B - Map C - Plan for Services D - Notice of Exemption DL:dc S:\Annexation\Res of Applic\ROA 626.doc 3 O tikrlr;t EXHIBIT `A' CAMPAGNONI NO, 1 ANNEXATION NO. 626 TO THE CITY OF BAKERSFIELD BEING PARCEL `A' OF LOT LINE ADJUSTMENT NO. 149-03 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0204036615 OF OFFICIAL RECORDS, PARCEL 2 OF PARCEL MAP 10579 PHASE `A' RECORDED IN BOOK 51 OF PARCEL MAPS AT PAGE 114 IN THE KERN COUNTY RECORDER'S OFFICE, PARCEL `B' OF LOT LINE ADJUSTMENT NO. 8-98 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0198155595 OF OFFICIAL RECORDS, PARCEL `A' OF LOT LINE ADJUSTMENT NO. 96-98 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0 199047317 OF OFFICIAL RECORDS, ALL OF LOT LINE ADJUSTMENT NO. 12-08 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0208182004 OF OFFICIAL RECORDS, PARCEL MAP 10717 PHASE 1 RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 119 IN THE KERN COUNTY RECORDER'S OFFICE, PARCEL MAP 10717 PHASE 2 RECORDED IN BOOK 56 OF PARCEL MAPS AT PAGE 70 IN THE KERN COUNTY RECORDER'S OFFICE, AND A PORTION OF COMPAGNONI STREET (COUNTY ROAD NO. 2357). ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 31 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1, SAID CORNER ALSO BEING ON THE CENTERLINE OF TAFT HIGHWAY (STATE ROUTE VI-KER- 119); THENCE N 89°03' 15" W 1654.58 FEET, ON AND ALONG THE CENTERLINE OF SAID TAFT HIGHWAY AND THE NORTH LINE OF SAID SECTION 1; THENCE DEPARTING SAID CENTERLINE, S 00°47'26" W 30.00 FEET, TO THE SOUTH RIGHT OF WAY LINE OF SAID TAFT HIGHWAY, BEING THE TRUE POINT OF BEGINNING; (1) THENCE S 89°03'15" E 333.34 FEET, ON AND ALONG SAID RIGHT-OF- WAY, TO A POINT ON THE EXISTING CITY OF BAKERSFIELD CORPORATE BOUNDARY; THENCE CONTINUING S 89°03' 15" E 212.19 FEET, ON AND ALONG SAID RIGHT-OF-WAY AND CORPORATE BOUNDARY; (2) THENCE S 80°55'29" E 70.83 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY ; (3) THENCE S 34-22'18" E 66.18 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY ; (4) THENCE S 89-03'13" E 60.00 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY ; (5) THENCE N 53°15'37" E 63.82 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY ; (6) THENCE S 89-03'15" E 156.81 FEET, ON AND ALONG SAID RIGHT-OF- WAY AND CORPORATE BOUNDARY ; (7) THENCE LEAVING SAID RIGHT OF WAY, S 43°4938" E 87.93 FEET ON AND ALONG THE WESTERLY RIGHT OF WAY OF STATE HIGHWAY ROUTE 99 AS EVIDENCED BY THAT CERTAIN GRANT DEED RECORDED IN BOOK 3280 AT PAGE 435 OF OFFICIAL RECORDS AND SAID CORPORATE BOUNDARY; (8) THENCE S 17°16'23" E 494.25 FEET, ON AND ALONG SAID WESTERLY RIGHT-OF-WAY AND CORPORATE BOUNDARY TO BEGINNING OF TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 2935.00 FEET; (9) THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°04'08" AN ARC DISTANCE OF 208.43 FEET; (10) THENCE S 14°10'20" E 553.61 FEET, ON AND ALONG SAID WESTERLY RIGHT-OF-WAY AND CORPORATE BOUNDARY; (11) THENCE DEPARTING SAID CORPORATE BOUNDARY N 88°21'43" W 1336.80 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL MAP 10717 PHASE 2; (12) THENCE N 00°47'26" E 1275.33 FEET ALONG THE WEST LINE OF SAID PARCEL MAP TO THE POINT OF BEGINNING. CONTAINING 33.68 ACRES, MORE OR LESS. CHECKED by KERN COUNTY SURVEYORS OFFICE _V JON F KOEHNE p Date 9= /6Zio :7 as . * EXP. Approved by ~ L.S. 5791 zelel~- ~CAL1 E r~Ef. 0 lam.. irC. %,2$ Zoc~ ( 1^ 121 A I F w Q Q Z w 0 9 _ K 0 Hwy z ~ wz® °z~~ aQa © u Q iNOr+overval z o J 15 313H'IIIY , u w F SPONH ° Ni S3H9NH Z U ga w w ~ g 18 Q - w 3A] ~ u as g Q i A s~ a i I I $ ~ : i ~ ~ov~E os „ ,01o E 1935 N~ i~~ 26 IA ~I F° ~.Q10PZT ~9a 15 1Jip.0 m (71 gels ~ y a Q - 60 III 00 mz _ u 2 q m z v 0 v I n I U F Jj 1 gUm < w O N n 1 5Urn .4,~ X00 V~ J m 9 III J U m `pD W N Ic to IJW~ 4 ^,~Sn O u •~t , 0 dp N 4 U J p kry a w m a e n L < + T ~ a a LI, " I H ~ m f I u ~ ~ - _ Its N F U a w ' v w\ 7NpNOta ,r z I I e u~ (1,U) w ~ _ k a a m a \ ti a a a - ^ - m J o W n m a U$ U J9 K (W(JJ a J a pa / C N 0 0 a s Y 2~ U 4 (n)1 4' ? r J C, N ~ m -LL ill ~0~ In ~r ~-r G ¢ 7m i ~ 0. ~ n. a 1.. »1n3 '~,UOor m .97 CO T- N O 0- CIO z z Oz p~ ww wco c6 z w w ww ~a a`iz zz » c ww ww ~ O~ F- ww zU o ww w~ W< 6 1 Q 3.3 z z 0 -6 x c I -j Q Q Q -JW W a J W; M J Q W W w } zz wwowwwwwwwwwwx x zzzz~ Z~Hzzww w m m 0W' ~Cw7wU' zCwm~~CwU' Cw9» > w e W U u v ` w ° NQ LU ~ ~ ao m ~ ~ LL c a Q C1 Z_ o ~~z m0< ~ CL c m z - ~ O ~d00000 0 U U 000000 X a w OC d J oC w LL 0 z a Q U CL a w a U = Q WW wo c'Z »>w: > > » LL 000=o O O o 00 QOc 0 Ou010 0 U U UU UUa t Im c c w co co 9 U G o C p d W c~a do 2c U > cm a as m w w OO _ld t aaoae~ cn U~ to -i tits~ VS h L c d m ca 12 S fi.Yt_. u g of a c $ O O. 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Qf c L C O O CD 0 c L C Q x N :3 O Q O LD It L .£0 N 'm LL ~o $ LLJ ~ W C) S Q U ~S11 _C yy Sd cr), O O W .SZ C M C C ~ ~Q C E- it Q ~a m2U O O Z ~ L t7 Q 0f r, L. 0 ME M 0. m GD = U m O t0 3 L $ N C Q. 2.0 LL~ OE'erC O U CM ~ U 0'~ of m10 .0 1 N c ea CO W),C: a aUi4 o5Uc E :3~ 3 o` m >1 1b SO C 40) U) aci Q '0 C, Cc E E . ~ c 3 { aci r le 2-1 m CD 3 Q ( sL' fA 0 `O L U _2 GOD G z Q G~ i3 O O C ~t 2 i m l0 O Q7 O ~ q'v O C 'LO' O EC VO Ott of 3 OC WV CO NX c c ~ W'E mcaG~ C? c~a~ 3 ~m ~c we cm im 0 SF -f' a°i E F, 4 a~} o z o$ 3 'n x m ~j c`~ 'Ec K, o Z~ Q a mE cfi ID 41 0 C3 M CL OF E ft! c O ~ p C~ ~ Q ""O O U O C N E 9 it d C Y .0 0 M- c~ a- afi O Zcs ~m~ Dm ~g d c E coo o y g o L } m ~a O Cc 8s E ~*s r- to & a ~3GO J°$ Qm U ci MCI OG9 FW-~ 1 0 CL 01 m a, h_- 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 xation of th' ' o will h v minimal effiect 1 then art level or capability of the City to provide needed servjces Upon future development addi#ion I police officers would 29sslbly be reewred to maintain the current level of city service The planned development Including public streets or munlclpal facilities in the terntorv will incr the future maintenance responslblllty of the CIty but should not off the ex' ino 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 developer be responsible for financing? No. If any additional development occurs the developer provides and pays for major facilities and dedicates them to the CIty No upgrading or change in facili ' . will be r i d in the territory for annexation. 3. Indicate and explain existing zoning in affected territory. The territory is currently zoned County M-1 PD (light industrial - precise development combining) and U_') PD (medium industral precise deveio ment combining). 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 & hn opted pre-zoning with Ordinance No 3819 as M-1 (light manufacturing) and-M-2 (general manufacturing). 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. i Police should be able to respond in am= imely manner than present County Sheriff services Parcels within the incorporated area are allowed to connect to available City mm r system lines. The present City refuse collection rate is substanti ally lower than fees county residents now pay to independent companies No spool assessments or charges for street sweeping leaf collection street lighting enemy costs and fire hydrants when located within the City's incorporated area City govemment also provides Increased political representation for the residents within the comorate limits. 6. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area. The existing area tax rates are (061-030) 1.089300% of the assessed market value. This represents the total Drone-* 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 DrovWm health care and social services. (Rate as shown on 2009-2010 County Auditor-Controllers 2009 Llen Date). 7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain. No the 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 SIANNEXATION1Annex 62MEXHISIT C.DOC 3 1- L C7 i;;2'] ;N,1L 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 - Compagnoni No. 1, Annexation No. 626 Project Location-Specific: Generally located along the south side of Taft Highway, on the east and west side of Compagnoni Street. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: The project proposes the annexation of 33.68-acres of land into the City of Bakersfield The parcel is undeveloped and abuts city boundary to the north and east The property has been prezoned M-1 (Light Manufacturing) and M-2 (General Manufacturing) and the existing land use designations are LI (Light Industrial) and SI (Service Industrial The property owners have requested annexation of their property to the City of Bakersfield to receive city services and with the intent to develop the property to a use allowed by the existing land use and zoning. 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)); Categorical Exemption. State type and section number. Statutory Exemptions. State code number. X Project is exempt from CEQA pursuant to Section 15061 (b) (3) Reasons why project is exempt: The project involves the annexation of land to the City of Bakersfield. No changes in land use or zoning are proposed for the project site; the proposal involves a change in jurisdiction only. The action of annexing land to the City of Bakersfield does not disturb or cause any changes to the physical environment. Therefore, it can be determined that this action does not/will not cause any adverse effects to the environment and is exempt from further CEOA review. 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: _March 25, 2010 Title: Assistant Planner X Signed by Lead Agency Date received for filing atOPR Signed by Applicant s- S:Wnnexation\NoExemption\N0E 626.doc L