The purpose of this chapter is to set forth procedures and findings for annexation of land into the city. Annexation requires actions by the city council and approval by a state-authorized county agency, the local agency formation commission (LAFCO).

The city council finds and determines that such procedures and findings promote and protect the public safety and welfare, protect the economic and environmental interests of the city, promote orderly planning and implement the goals and policies of the General Plan.

The scope of this chapter is limited to establishing an outline for proceeding with annexation, as well as findings for approval of a resolution by the city council for a city-initiated annexation proposal. The findings are also intended to be used as guidelines for environmental determinations and as a source of conditions of approval when the city is not the initiator of an annexation proposal.

Exact and detailed regulations governing annexations are found in Title 5 of the California Government Code, Sections 56000 et seq. and 57000 et seq.

City-initiated, requiring a resolution of the city council, as described in Government Code Section 56300 et seq.; or

Landowner-initiated, requiring a petition of a minimum percentage of owners of the land to be annexed, as described in Government Code Section 56753 et seq.; or

Resident-voter-initiated, requiring a petition of a minimum percentage of the resident voters, as described in Government Code Section 56753 et seq.

Procedures for annexation are governed by Government Code Section 56000 et seq., and Section 57000 et seq. and by this chapter.

To initiate a proposal for annexation of territory, the city council must hold a public hearing and adopt a resolution of application. (Government Code Section 56800 et seq.) The city must complete LAFCO application requirements, including an environmental determination, and formulate a plan for services in the annexed territory. (Government Code Section 56825 et seq.)

In addition to carrying out LAFCO requirements, the city shall follow the procedures set forth in Chapter 18.112 of this code, including planning commission review of annexation proposals, and shall make the findings in Section 18.70.070 to adopt a resolution of application.

Application for annexations shall be filed with the community development department together with a filing fee, as established by resolution of the city council. The application shall be accompanied by the information and materials specified by the community development department and all information and material required by LAFCO for its application.

An initial environmental study to determine if the proposal may have a significant effect on the environment shall use the list of findings in Section 18.70.070 as guidelines for making an environmental determination. If an environmental impact report must be prepared, the petition to annex may need to be recirculated to meet LAFCO time constraints.

In the interest of orderly planning, annexation applications are encouraged to include as many adjoining properties as possible that are within the sphere of influence and that reasonably can be considered a geographic and service unit.

When a request for annexation is made in conjunction with or as a condition of another city application such as a subdivision, specific plan, conditional use permit, zone change, etc., the findings and conditions of approval for the application shall include the findings for annexation as set out in Section 18.70.070.

Within the time frame established in Government Code Section 57000 et seq., and in accordance with Section 18.112.050 of this code, the planning commission shall conduct a duly noticed public hearing.

In accordance with Section 18.112.060 of this code, the planning commission shall make its findings, described in Section 18.70.070, including a determination of consistency with the city's General Plan, the Claremont-La Verne memorandum of understanding on sphere of influence areas, dated May 15,1989, if applicable and any applicable specific plans.

The planning commission shall forward to the city council its recommendation regarding the environmental determination on the proposal using the findings below as a guideline, as well as its recommendations for General Plan land use and zoning designations for the proposed annexed territory.

The proposed annexation shall be consistent with all applicable goals, policies and implementation measures of the city General Plan and any applicable specific plans.

The proposed annexation shall conform to the terms of any memorandum of understanding or other agreement adopted by the city council applicable to the proposed annexed territory.

The application for the proposed annexation shall contain an analysis that demonstrates to the satisfaction of the community development director and the finance officer the costs and revenues that will result from the proposed annexation and, if applicable, any subsequent development of the annexed property. The annexation shall not imperil the city's long-term ability to finance, maintain and operate public facilities.

The application for the proposed annexation shall contain evidence that demonstrates to the satisfaction of the director of public works and the community development director that public services and utilities, including sewer and water service, can and shall be extended to serve the proposed annexed territory.

The application for the proposed annexation shall demonstrate to the satisfaction of the community development director that an assessment district shall be established at an appropriate time to pay for lighting, landscape maintenance and other capital improvements and on-going maintenance, if such a district is necessary according to the consensus of the finance director, the community development director and the director of public works.

The area to be annexed shall be within the city's sphere of influence.

In the case of county "islands," the applicant(s) shall demonstrate to the satisfaction of the community development director that annexation shall not negatively impact existing services or adjacent land.

Annexations require a resolution of approval by LAFCO, in accordance with Government Code Sections 56000, 57000 et seq.

Applications must include the initiating city resolution or owner/resident voter petition, a joint resolution showing a city-county tax transfer agreement, completion of LAFCO application forms and other necessary information, including but not limited to appropriate maps and legal descriptions of the area to be annexed and its boundaries, a plan for public services, appropriate environmental documents demonstrating compliance with the California Environmental Quality Act and applicable fees, as delineated in Government Code Section 56828 et seq.

The LAFCO executive officer makes a determination of completeness of the application within a specified time as stated in Government Code Section 56828 et seq. If complete, a certificate of filing is issued and notice is sent to the city, districts affected by the proposal and to interested agencies, as specified in Government Code Section 56828 (b). A properly noticed and posted LAFCO hearing is scheduled, as specified in Government Code Sections 56834 and 56835.

In accordance with Government Code Section 56833 et seq., the LAFCO executive officer prepares a report and recommendation on the proposal. LAFCO considers factors including but not limited to density; land use; assessed valuation; natural conditions; proximity to populated areas; growth projections; needs, costs and adequacy of governmental services; effect on adjacent areas; effect on sphere of influence of affected cities; conformity with LAFCO policies on orderly development; effect on agriculture and open space; and conformity with specific and general plans.

As delineated in Government Code Sections 56375 and 56852, the LAFCO hearing takes place within a specified period of time and consists of a presentation of the proposal and other relevant materials, the executive officer's report and recommendations and the hearing of testimony.

LAFCO makes its findings and adopts a resolution making determinations to approve or disapprove the proposal, with or without revisions and conditions.

If LAFCO denies the proposal, it cannot be reheard for one year. If the proposal is approved, it is forwarded to the city for further proceedings, which must take place within one year, as specified in Government Code Sections 56852, 56853 and 56855.

The city council's initial actions are approval of a resolution of application and/or approval of a joint city-county tax-transfer resolution.

If, upon being informed of a petition-initiated annexation proposal, the city council determines that the proposal does not meet the findings in Section 18.70.070 and that the council does not want the territory annexed at that time, it shall direct staff to inform LAFCO of its concerns and present to LAFCO the evidence that the proposal does not meet the findings in Section 18.70.070.

Subsequent city council actions and proceedings, mandated by Government Code Section 57000 et seq., come after LAFCO approval, which expires within one year. If LAFCO denies a proposal for annexation, no similar proposal may be made within one year (Government Code Section 56855). If LAFCO approves the proposal, city council proceeds as outlined below:

Proceedings are completed by compliance with Government Code Sections 54902.5 and 57000 et seq., delineating to whom the resolution must be sent, LAFCO's determination of compliance, recordation and statement of boundary change.