HomeMy WebLinkAboutRES NO 041-10
RESOLUTION NO. 041- 10
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 606
LOCATED ON THE SOUTH SIDE OF MCKEE ROAD,
BETWEEN ELLASHOSH STREET AND STATE ROUTE 99.
(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 on the south side of
McKee Road, between Ellashosh Street and State Route 99; and
WHEREAS, the City has agreed to serve the territory upon 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 on the south side of McKee Road, between Ellashosh Street
and State Route 99.
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 will be eligible 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
exemption as set forth in the California Environmental Quality Act have been duly
followed.
L_
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
Df,~,.iavr.!
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 7 2010
by the following vote:
YE COUNCILMEMBER: CARSON BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
N S: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: 1lC5YlSL
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 0 7 20
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENN O
City Attorney
By:
EXHIBITS: A - Legal Description
B - Map
C - Plan for Services
D- Notice of Exemption
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S:\Annexation\Res of Applic\ROA 606.doc
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EXHIBIT "A"
ANNEXATION No. 606
McKEE No. 6
TO THE CITY OF BAKERSFIELD
That portion of Lot 17 in the Southeast quarter of Section 36, Township 30 South,
Range 27 East, Mount Diablo Base and Meridian of Kern County Sales Map No.
1 of Land of J. B. Haggin filed May 5, 1889 in the office of the Kern County
Recorder, within the County of Kern, State of California, more particularly
described as follows:
Commencing at the East quarter corner of said Section 36, said point also being
the centerline intersection of McKee Road (Co. Rd. No. 782) and South "H"
Street (Co. Rd. No. 15 & 40); thence North 89°08'18" West, along the mid-
section line of said Section 36, also being the centerline of McKee Road (Co. Rd.
No. 782) a distance of 1321.56 feet to the Northwest comer of Parcel "A" of Lot
Line Adjustment No. 26-00 per that certain Certificate of Compliance recorded
October 20, 2000 as Document No. 0200134151; thence South 00°36'40" West,
along the West line of said Parcel "A", a distance of 30.00 feet to the South right
of way of said McKee Road (Co. Rd. No. 782) said point also being a corner of
the existing city corporate boundary and the TRUE POINT OF BEGINNING;
Thence along the existing city corporate boundary the following four courses:
Thence (1) South 89"08'18" East along said South right of way, a distance of
175.44 feet to the West right of way of State Freeway 99 (U.S. RT.
VI-KER-99);
Thence (2) continuing along said South right of way, South 89°08'18" East, a
distance of 194.53 feet to the East right of way of said State
Freeway;
Thence (3) South 11 032'00" East along said East right of way of State Freeway
a distance of 646.04 feet to the South line of said Lot 17 also being
the Southwest comer of Annexation 597 "County owned properties
No. 1" Property No. 4 - Kern Delta Park per Certificate of
Completion filed for record July 17, 2009 as Document No.
0209088095 filed in the office of the County Recorder;
Thence (4) North 89°07'43" West along the said South line of Lot 17 a distance
of 194.54 feet to the said West right of way of State Freeway;
Thence (5) North 11 °32'00" West along said West right of way of State
Freeway a distance of 95.33 feet to the Southeast corner of said
Parcel "A";
Page 1 Of 2
SAANNEXATION ANNEX 6061EXHIBIT A.doc
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Thence (6) North 89°08'18" West along the South line of said Parcel "A" a
distance of 291.29 feet to the Southwest comer of said Parcel "A"
and the West line of said Lot 17 also being on the existing city
corporate boundary;
Thence (7) North 00°36'40" East along said West line of Parcel "A" and Lot 17
and existing city corporate boundary a distance of 537.84 feet to
the TRUE POINT OF BEGINNING.
Containing 5.70 Acres
END OF DESCRIPTION
~Y UNpF9
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CA
CHECKED by
KERN COUNTY SURVEYORS OFF=O
De1a_ 2- / //U
Approved by
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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 have minimal effect on the near term level or capability
of the City 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
including public streets or municipal facilities within the territory will increase the future
maintenance responsibility of the City but should not affect the existina 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 Citv No uparadina or change in facilities will be required in the territory for
annexation.
3. Indicate and explain existing zoning in affected territory. The territory is currently zoned County
M-2 PD (medium industrial - precise development 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 City has
adopted an A (agriculture) zone per zoning map 123-36 by resolution of the Planning
Commission at meetina held 01-19-1989.
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 specjal assessments or charges for street sweeping, leaf collection,
street lighting energy costs and fire hydrants when located within the City's incorporated area.
City aovemment also provides increased political representation for the residents within the
ooroorate 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 (068-035) 1.145642% of the
assessed market value. This represents the total property tax rate. When annexed a desianated
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 2009-2010 County
Auditor-Controllers 2009 Lien 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.
SAANNEXATIONIANNEX 6061EXHIBIT C.DOC
3.
t_ s
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 - McKee No. 6 Annexation No. 606
Project Location-Specific: Generally located on the south side of McKee Road between Ellashosh Street and State Route 99.
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 is fully
developed with a home site and storage/truck parking facility. TThe propegy is prezoned A (Agriculture) and the land use
designation R-IA (Resource Intensive Agriculture) No changes are being proposed for the project site.
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 5.7- acre parcel of land to the City of Bakersfield. No
changes in land use or zoning are proposed for the project site The property owner recently applied for a change in land use and
zoning with the County of Kern to allow for the truckin /sg torage use on the property Upon annexation the city would
acknowledge the court gpprovals The parcel is located in an urbanized area and the property is fully developed. Since the
proposal involves the annexation of land that has been developed and no changes are being proposed 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: April 8, 2010 Title: Assistant Planner
X Signed by Lead Agency Date received for filing atOPR:
Signed by Applicant
t`-
SA\Hnnexation\NoExemption\N0E 606.doe
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