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Home My WebLink AboutRES NO 076-10RESOLUTION NO. O 7j - 10 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 604 LOCATED ALONG THE EAST SIDE OF SOUTH H STREET, ON THE NORTH AND SOUTH SIDE OF TAFT HIGHWAY (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 east side of South H Street, on the north and south side of Taft Highway; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property owner's 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: 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 east side of South H Street, on the north and south side of Taft 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 a notice of exemption for the annexation is determined to be adequate for the annexation proposal. o~ 0AKF9~ r- m ORIGINAL 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: Roberta Gafford Acting 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 o`~ 0AKF9N I- v p ORIGINAL 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 JUN ~ 0 2010 , by the following vote: ✓ ✓ ✓ ✓ AYES COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRINER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: npaz ABSENT: COUNCILMEMBER: Y3 0yV-/ 2010 APPROVED -JUN 3 0 t HARVEY L. HAIL MAYOR of the City of Bakersfiel APPROVED AS TO FORM: VIRGINIA GENNARO Ci' " By &U%X4' l! ROBERTA GAFFORD, CMC ACTING CITY CLERK and difficio Clerk of the C2uncil of the City of Bakersfield EXHIBITS: A - Legal Description B-Map C - Plan for Services D - Notice of Exemption DL:dc S:\Annexafion\Res of Applic\ROA 604.doc 3 " aAKI 99 y O 9, r m ORIGINALG EXHIBIT "A" ANNEXATION No. 604 SOUTH "H" STREET No. 2 TO THE CITY OF BAKERSFIELD Those portions of land located in the Northwest quarter of Section 6, Township 31 South, Range 28 East and the Southwest quarter of Section 31 Township 30 South, Range 28 East, Mount Diablo Base and Meridian, in the County of Kern, State of Califomia, more particularly described as follows: Commencing at the Northwest corner of said Section 6 point also being the centerline intersection of South "H" Street (Co. Rd. No. 15 and 140) and Taft Highway (Co. Rd. No. 5, 25, and 2387); thence South 89°32'17" East along the North line of said Section 6 also being the centerline of said Taft Highway a distance of 55.00 feet to the southerly prolongation of the East right of way of said South "H" Street and an East line of the city corporate boundary and the TRUE POINT OF BEGINNING; Thence (1) North 00°36'53" East along said southerly prolongation and city corporate boundary a distance of 55.01 feet to the North right of way of said Taft Highway; Thence (2) continuing North 00°36'53" East along said East right of way and city corporate boundary a distance of 604.99 feet to the South line of Parcel Map 9570 recorded October 16, 1992 and filed in Parcel Map Book 44 at Page 127 in the office of the Kem County Recorder; Thence (3) departing said city corporate boundary South 89"32'17" East along said South line of Parcel Map 9570 a distance of 605.00 feet to the Northwest comer of the Designated Remainder parcel of said Parcel Map 9570; Thence(4) North 89°04'16" East along the North line of said Designated Remainder parcel a distance of 78.87 feet; Thence(5) South 89°29'07" East along said North line of the Designated Remainder parcel a distance of 615.00 feet to the Northeast comer of said Designated Remainder parcel; Thence (6) South 00°30'53" West along the East line of said Designated Remainder parcel a distance of 661.35 feet to the North line of said Section 6 point also being the centerline of said Taft Highway; Thence (7) continuing South 00°30'53" West a distance of 55.25 feet to the South right of way of said Taft Highway; Thence(8) North 89°32'17" West along said South right of way of Taft Highway a distance of 419.26 feet to the East line of Parcel "B" of Lot Line Adjustment 105-00 per that certain Certificate of Compliance recorded ~gAKF9 O & r v c ORIGINAI March 21, 2001 as Document No. 0201036176 filed in the office of the Kern County Recorder; Thence (9) South 00°48'19" West along the East line of said Parcel "B" a distance of 174.75 feet to the Southeast corner of said Parcel "B"; Thence (10) North 89°32'17" West along the South line of Parcel "A" and said Parcel "B" of Lot Line Adjustment 105-00 a distance of 276.01 feet to the Southeast comer of said Parcel A and the East right of way of Southland Court; Thence (11) North 00°48'19" East along the West line of said Parcel A and East right of way of Southland Court a distance of 25.00 feet to the Southeast comer of Parcel 3 of Parcel Map 8893 recorded January 13, 1989 in Parcel Map Book 37 at Page 124 filed in the office of the Kern County Recorder; Thence (12) North 89°32'17" West along the South line of said Parcel 3 a distance of 282.51 feet to the Southwest comer of said Parcel 3; Thence (13) South 00°48'19" West along the East line of Parcel 2 of said Parcel Map 8893 a distance of 405.01 feet to the Southeast corner of said Parcel 2; Thence (14) North 89°32'17" West along the South line of said Parcel 2 a distance of 232.50 feet to the Southwest comer of said Parcel 2 also being an East line of the city corporate boundary; Thence along the city corporate boundary the following three courses; Thence (15) North 00°48'19" East along the West line of said Parcel 2 and Parcel 1 of said Parcel Map 8893 a distance of 555.01feet to the South right of way of said Taft Highway; Thence(16) North 89°32'17" West along the said South line of Taft Highway a distance of 89.82 feet to the southerly prolongation of the East right of way of said South "H" Street; Thence(17) North 00°36'53" East along said southerly prolongation of said East right of way a distance of 55.00 feet to the TRUE POINT OF BEGINNING; Containing 26.40 Acres END OF DESCRIPTION CHECKED by KM COUNTY SU1 RSOFFICE Om-Approved o~gAKF9 } R v c ORIGINAI j 11 °v 1- u ` 1 m ~ 1 I I = APN 514-060-07 OI ~ 01 J ~ QI y 1 v2 ~ 1 I W01 2 W \ f OhI APN IBJ I .-O ~ 514-060-06 _ °oYl OWp~ OZ -1pV J' ~ Z I w ono I i o r\ W " ' Q p o 17 S 89'32 E O x W _ 55.00'_ W z Q°z (TIE-IN) (16)I Q~ 17 / o o N 0036'53" E ' Cn W 55.00 I 1 U I I I P. 0. C. I /I NW COR. OF SEC. 6, T 31 S, R 28 E, MDM I 1 0 I I t C I APN 1154-160-0 ja Jo' f I 1 W i aoea au"ec srNc ea4E: f" -lee' APN APN 517-030-03 517-030-10 Parcel 1 Parcel 2 Parcel Map 9570 Parcel Map 9570 PMBK 44 PG 127 (4) PMBK 44 PG 127 N 89'0416" E (3) 78.8 7' 89'32'17" E 605.00' S 89'29'07" E 615.00' (5) t APN 517-030-05 APN APN In 10 Parae 3 517030-08 517-030-06 Parcel Mop 9570 Parcel 1 PMBK 44 PG 127 LLA #139.90 Designated Remainder 3 ° Certificate of Compliance Parcel Map 9570 Bk. 6514 Pg. 1025 PMBK 44 PG 127 PROPOSED O ANNEXATION 616 CHEVALIER NO. 1 N 00'36'53" E 55.01' (TPOB) - - - - - - TAPTHIGHWAY 1- - - (Co. Rd. No. 5, 25 & 2387) - - (7) - - APN N 89 32 W ,85-070.,2 165-0RI-14 ' , +"a+es 419 26' Partall P-d3 . PM 8893 PM W93 I 1 ' rwe,rA r"eie (8) PMe.37 PG. 124 PMB.37 PG. 124 1 once may (12) Y ` " " 9 N 8932 17 W 00'48'19" S W I 1 276 01' 174.75' APN APN 185-070-15 . (10) 185-070.13 1 (11) APN 00 O ^ I p APN 185-070-30 185-070-22 O 4-I PM PM 199 ~ O Parcel 4 ~ PM 8893 ~ PMB 37 PMB. 37 PG. 124 . Co PG. 1241 1 ' I 1 - - - - - - - APN (14) N 89'32'17" W 785-070-24 232.50' P Cell Map 10094 MBK 46 PG 179 185 070-23 PROPOSED ANNEXATION 619 SOUTH "H" STREET NO. 3 EXHIBIT "B" COURSE TABLE NUMBER BEARING LENG7N (7) 5 00'70"5J' w 55.15' (I1) N 00'IB'I9 E 25.00' (12) N B9:T2"17" W 262.51' (16) N 69;T1Y7" W 69.62' amommor Aw alw ANNEXATION NO. 604 RESOLUTION NO. LAFCO ANNEXATION OF SOUTH "H" STREET NO. 2 TO THE CITY OF BAKERSFIELD 26.40 ACRES 1 EXISTING CORPORATE BOUNDARY PROPOSED ANNEXATION BOUNDARY (1) LEGAL COURSE DESCRIPTION APN ASSESSORS PARCEL NUMBER 0 SECTION CORNER WI ~I p2 O 3 x ~ PROPOSED J/ -j ANNEXATION 111 _1T__1 ' VICINITY MAP M l 5 uI D - oi3~~Sa ANNEXATION NO. 604 SOUTH "H° STREET NO. 2 EXHIBIT"C" PLAN FOR PROVIDING SERVICES SERVICES Agency Which Presently Provides Check Services Which City/Distri ct Indicate How Services Provided By Service Will Provide Upon Future Date Annexation (specify) CibdDistrict will be Financed (i.e., general tax rate or special assessment.) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation COUNTY CITY GENERAL TAX REVENUES Libra COUNTY COUNTY WA Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY CITY GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping COUNTY CITY GENERAL AND GAS TAX REVENUES Lighting COUNTY CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage COUNTY CITY See Page 2 USER FEE & PRVT. DVMT. Water GREENFIELD WATER DIST. GREENFIELD WATER DIST. USER FEE Other REFUSE COUNTY CITY USER FEE JG\T Y O~ ~ m a~~ S:IANNEXA71ON1ANNEX 604%ExhiN C.DOC 1. Please provide the fonowing information, when applicable, only for service which will be provided by the applicant city. Location Service Level Q§2w& 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, MO. PFUJVdM5, 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 the 1601 Truxtun Avenue approximately 9 annexation. First priority response is approximately 7.00 miles north of the annexation. minutes or less. EtE-Service will be provided by County Station No. 52 located at 312 Taft Fire protection is provided on a 24-hour basis. The Highway, pursuant to exchange wherein the City protects certain property within annexation will not affect City or County Fire service the County's jurisdiction. Station is approximately 1 mile east of the annexation. capability or response time. PARKS AND RECREATION - The annexation project is within the jurisdiction of Existing neighborhood Parks (City and County) are open the City of Bakersfield Recreation and Park Department and is subject to all to the public at reasonable hours adopted requirements and standards of the district. UBU IR 1~Y,• Area Is served by Kern County Ubrary System. TR The City Corporation Yard at 4101 Truxtun Avenue will provide necessary facilities, personnel and services to accommodate Public Works efforts. Existing libraries are open to the public at reasonable hours. (see below) CONSTRUCTIOWMAINTENANCEMMEPINGILIGHTING- 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 in Taft Highway which is directed to City Wastewater Treatment Plant No. Ill. WATER-The territory is within the Greenfield Wader District service area and no change will occur upon annexation. OTHER-(Refuse)-When annexed, service will be provided by the City ether by City forces or by contracts with a franchise refuse collector. Adequate capacity exists. Adequate capacity exists. City refuse pickup is once or twice a week. G` Y ~F 0 ~ Q z af77 p 013~~c' &WINMTlON1ANND( W41E1d1i * C.DOC -2- 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 gMbiljty 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 Dave for maior facilities and dedicates them to the City. No u rading or change in facilities will be required in the territory for annexation. 3. Indicate and explain existing zoning in affected territory. County zoned the property C-2 (General Commercial). PD (Precise Development Combining). C-2 PD (General Commercial/Precise Development Combining) Zones. 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 pre-zoned the property per Ordinance 3819 to City C-2 (Commercial) 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 independent companies. Nospecial 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 Mowing information relative to city/district and county taxes: List existing tax rate(s) in area. The existing tax rate In the area equals 1.162932% of assessed market value. This represents the total proR y tax rate. When annexed a designated percentage of the total property tax of the area will a=e to the City and remainder to the Coup 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 last listed (1992-93) Cay 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 $50,000.00? The proR@ y rate will not increase due to annexation and re-assessment will not occur due to annexation. 9. Is the proposed area subject to a Williamson Act Contract? No. the existing annexation area is not subject to a Williamson Act Contract S:WNNEXATIONANNEX 6041Exhibit CDOC .3- d O1$AKkyU F- r v c ORIGINA' 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 City of Bakersfield - South H Street No 2 Annexation No. 604. Project Location-Specific: Located along the east side of South H Street on the north and south side of Taft Highway. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: The project proposes the annexation of 7 parcels of land into the City of Bakersfield. These parcels are undeveloped and adjacent to the City of Bakersfield's corporate boundary. The property is prezoned C-2 (Regional Commercial) and the land use designation is GC (General Commercial) 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 26.40- acres 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 close proximity to State Highway 99 and the site is prezoned for commercial development No development plans are being proposed at this time, however the property owner plans to develop the property in the future Since the proposal is a change of jurisdiction only, it can be seen with certainty that there is no possibility that the annexation of the property would 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: Attach certified document of exemption finding. Has a notice of exemption been filed by the public agency approving the project? Yes X No Signature: X Signed by Lead Agency Date: June 31, 2010 Title: Assistant Planner Date received for filing at OPR: Signed by Applicant S:WnnexationlNoExemption\NOE 604.doc O~~AK~yU r V ~ ORIGINV