HomeMy WebLinkAboutRES NO 126-10RESOLUTION NO. 126- 10
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD
AS ANNEXATION NO. 620 LOCATED ON THE NORTH SIDE OF
ROSEDALE HIGHWAY, GENERALLY BETWEEN CALLOWAY DRIVE
AND VERDUGO LANE. (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 north side
of Rosedale Highway, generally between Calloway Drive and Verdugo Lane; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
and
WHEREAS, some of the property owners of the territory have consented to annexation;
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 north side of Rosedale Highway,
generally between Calloway Drive and Verdugo Lane.
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
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 the environmental document for ft*
annexation is determined to be adequate for the annexation proposal.
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 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.
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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
NOV 0 3 2010
by the following vote:
IV/ W" V/
COUNCILMEMBER: CARSON, BENHAM, WEIR, J, SULLI AN, SCR NER
NOES: COUNCILMEMBER:
ABA BSE09 COUNCILMEMBER:
ABSEN COUNCILMEMBER:
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. FrALL
MAYOR of the City of Bakersfi
APPROVED AS TO FORM:
VIRGINIA GENNARO
Ci
By
EXHIBITS: A - Legal Description
B-Map
- Plan for Services
D- NOTICE OF EXEMPTION
DL:dc\\S:\Annexation\Res of Applic\ROA 620.doc
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APPROVED NOV 0 3 2010
EXHIBIT A
LEGAL DESCRIPTION
P-
ANNEXATION NO, 620
TO THE CITY OF BAKE D
(VERDUGO NO. 2)
BEING A PORTION OF THE SOUTFI HALF OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 27
EAST MOUNT DIABLO BASF. AND MERIDIAN IN THE UINUN-CORPORATE D TERRITORY OF
THE COUNTY OF KERN, STATE OF CALIFORNIA -BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF STATE ROUTE' VI-KER-58
(ROSEDALE HIGHWAY), 25.00 FEET NORTH OF THE SOlJTH LIME OF SAID SEC-110N 19, AND
VERDUGO LANE (COUNTY ROAD NO. 1703 & 225); THENCE N 00°06'06" E ALONG SAID
CENTERLINE OF VERDt; GO LANE, A DISTANCE OF 55.00 FEET; THENCE NST49' 10" W, 45.00
FEET, TO THE WEST RIGHT OF WAY LINE OF SAID VERDUGO LANE AND THE TRUE POINT
OF BEGINNING;
THENCE 1) N 00°06'06" E ALONG SAID WEST RIGHT OF WAY LINE OF VERDUGO LANE,
A DISTANCE OF 1247.75 FEET, TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 19, SAID POINT ALSO
BE ING THE NORTHEAST CORNER OF LOT 37 OF TRACT 2771 FILED IN MAP
BOOK 13 AT PAGE 64 IN THE KERN COUNTY RECORDER'S OFFICE;
THENCE 2) S 89°59'30" E, ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE
SOUTH HALF OF SAID SECTION 19, A DISTANCE OF 1386.48 FEET, TO THE
NORTHWEST CORNER OF LOT 31 OF THE SALES MAP OF LANDS OF 1.8.
HAGGIN IN SECTION 19, AS PER MAP FILED AUGUST 20, IN THE TcmN
COUNTY RECORDER'S OFFICE, SAID POINT BEING A POINT ON THE
EXISTING CITY OF BAKERSFIELD CORPORATE BOUNDARY;
THENCE 3) CONTINUING S 89°59'30" E, ALONG SAID NORTH LINE AND SAID
CORPORATE BOUNDARY, A DISTANCE OF 503.07 FEET, TO THE NORTHEAST
CORNER OF PARCEL 3 OF PARCEL MAP WAIVER No. 693 AS EVIDENCED BY
CERTTFICATE OF COMPLIANCE RECORDED IN BOOK 5829, PAGE 37 OF
OFFICAL RECORDS IN THE KERN COUNTY RECORDER'S OFI'ICC;
THENCE 4) S 00°01'20" W ALONG THE EAST LINE OF SA TD PARCEL 3 AND SAID
CORPORATE BOUNDARY, 563.3T FEET TO THE SOUTHEAST CORNER OF
SAID PARCEL 3;
THENCE 5) LEAVING SAID CORPORATE BOUNDARY, N 89058'40" W ALONG THE SOUTH
LINE OF SAID PARCEL 3, A DISTANCE OF 51.53 FEET TO THE SOUTHWEST
CORNER OF SAID PARCEL 3, SAID POINT- BEING A POINT ON THE WEST LINE
OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF SAID LOT 31
OF SALES MAP OF LANDS OF J.B. HAGGIN;
THENCE 6) S 00°01'20" W ALONG LAST SAID WEST LINE, A DISTANCE OF 689.37 FEET,
TO A POINT ON SAID NORTH RIGHT OF WAY LINE OF STATE ROUTE VI-KER-
59;
1 OF 2
THENCE 7) N89°49'10" W ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF
1639.76 FEEL' TO THE TRUE POINT OF BEGINNING.
CONTAINING 50.29 ACRES MORE OR LESS
L5. 5880
F1R4 31''
by OFFICE
KERN COUNTY
avo`~ ~
2 OF 2
ANNEXATION NO. 620
LEGEND
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Ol LEGAL COARSE DESCRIPTION
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LJNE a THE SOH1H 1/z a THE M:
1/2 OF SECR(M 19, M/27 C
ANNEXATION NO. 375
CALLOWAY NO. 5
195-031616
3-14-95
RESOLUTION NO.
(LAFCO)
ANNEXATION OF
VERDUGO NO. 2
TO THE CITY OF BAKERSFIELD
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7 F STATE ROUTE N-KM-58
(ROSEDALE HIGHWAY) F-EXHIBIT "B"
ANNEXATION NO, 624
VERDUGO NO. 2
EXHIBIT"C"
PLAN FOR PROVIDING SERVICES
SERVICES
Agency Which Presently Provides
Check Services Which City/District
Indicate How Services Provided By
Service
Will Provide
Upon Future Date
Annexation (specify)
City/District 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
N/A
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
VAUGHN WATER COMPANY
VAUGHN WATER COMPANY
USER FEE
Other (REFUSE) I
COUNTY
CITY
USER FEE
`1
r. S:WNNEXATIONWnnex 6201Exhibit C,DOC
1. Please provide the following information, when applicable, only for service which will be provided by the applicant city,
tion Service Level Cap
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,
rec. Urvurou"V. OW.
GJY p
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 s/w corner of Truxtun Avenue and Eye annexation. First priority response is approximately 7.00
Street approximately 8 miles east of the annexation. minutes or less.
F--IM-Service will be provided by County Station No. 65 located at 9420 Fire protection is provided on a 24-hour basis. The
Rosedale Highway pursuant to exchange wherein the City protects certain annexation will not affect City or County Fire service
property within the County's jurisdiction. Station is approximately 0.7 miles east capability or response time,
of the annexation.
PARKS AND RECREATION - The annexation project is within the jurisdiction of Existing neighborhood parks are open to the public at
the North of the River Recreation & park District and is subject to all adopted reasonable hours
requirements and standards of the district.
LIBRARY- Area is served by Kern County Library System.
Existing libraries are open to the public at reasonable
hours.
STREETS - The City Corporation Yard on Truxtun Avenue west of Freeway 99 (see below)
will provide necessary facilities, personnel and services to accommodate Public
Works efforts.
CONSTRUCTION/MAINTENANCEiMEPiNGILIGHTING- 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 Buena Vista Trunk line is 0.5 miles to the west which is directed to
City Wastewater Treatment Plant No. III.
WATER-The territory is within the Vaughn Water Company service area and no
change will occur upon annexation.
OTHER-(Refuse)-When annexed, service will be provided by the City either 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.
&ANNEXATION►Annex 6201Exhibd CDOC
-2_
What effects, if any, would annexation of this territory have on the existing level of qty/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 use 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 Ms for maior 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. County zoned the property R-1 (Low
Density Residential), R-2 (Median Density Residential), EY.-PD (Estate % Akre-Precise
Development Combining), E%-PD (Estate % Acre-Precise Develorxnent Combining),C-2
(General Commercial). C-2-13D (General Commercial-Precise Development Combining), M-1-PO
(Light Manufacturing-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 wopefir m Ordinance 3819 & 4594 to City E (Estate One Family Dwelling). R-1
(One Family Dwellina). R-2 (Limited Multiple Family Dwellinal. R-S (Residential Suburban). C-2
(Commercial), M-1 (Light ManufacturingZZone.
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 chart= for street sweeping. leaf collection.
street lighting energy costs and fine hydrants when located within the City's incorporated yea.
City novemment 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 rates in the area equals 1.110115% of assessed
shown on 2010-2011 County Auditor-Controllers 2010 Lien Date).
T 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.
S:WNNEXATION Annex 6201ExhM C.DOC
-3-
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0
EXHIBHT "D"
NOTICE OF EXEMPTION Appendix I
TO: _ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
X County Clerk, County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
FROM: City of Bakersfield
Development Services Department-Planning Div.
1715 Chester Avenue
Bakersfield, CA 93301
Project Title: Annexation of Property to the City of Bakersfield known as Annexation No. 620, Verdugo No. 2.
Project Location-Specific: Located along the north side of Rosedale Highway, g generally between Calloway Drive and Verdugo
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: The project site includes 46 parcels along the north side of Rosedale Hi hway generally between
Calloway Drive and Verdugo Lane. The territory consists of 50.29 acres and most ofthe parcels have been developed. The area is
prezoned and consistent with the existing land use designations. No changes in land use or zoning are being proposed. This
annexation involves a change in jurisdiction only.
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. 15061 (b) (3) General Rule
Statutory Exemptions. State code number.
Reasons why project is exempt: The project proposes annexation of the land to the City of Bakersfield. No changes to land use
or zoning are being proposed at this time or with this action, this will be a change in jurisdiction only. This project is covered
under the General Rule because the annexation of land where no changes to the existing land is proposed, does not have the
potential for causing harm to the environment Therefore a Notice of Exemption is appropriate for this action: the proposed
activity is not subject to CEOA
Lead Agency: City of Bakersfield
Contact Person: Martin Ortiz, Principal 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:
X Signed by Lead Agency
Date: October 14, 2010 Title: Assistant Planner
Date received for filing at OPR
Signed by Applicant
SAAnnexation\NoExemption\NOE 620.doc