This chapter is established in accordance with the Cortese-Knox Local Government Reorganization Act of 2000 (Cal. Gov't Code §§ 56000 et seq.) to address annexations, reorganizations, consolidations and similar procedures of the city.

(Ord. 1133, passed 4-4-05)

   Any provision of this chapter that is more stringent than federal or state law is intended to supplement, not conflict with, federal or state law and to apply unless a court of law conclusively determines that the provision is preempted. Nothing in this section precludes the city from establishing the time limits for completion of the annexation proceedings and initiation of project requiring such approvals, provided such time limits are authorized by law.

(Ord. 1133, passed 4-4-05)

   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.

(Ord. 1133, passed 4-4-05)

   (A)   Annexation applications with the city may be initiated by:

      (1)   An application by an owner or agent of such owner seeking an annexation of property to the city's jurisdiction;

      (2)   The application of a public agency authorized to exercise the power of eminent domain; or

      (3)   The City Council.

   (B)   An application must be filed in accordance with this Code.

(Ord. 1133, passed 4-4-05)

   Annexations, reorganizations, consolidations and similar procedures must be processed in accordance with the provisions of the Act.

(Ord. 1133, passed 4-4-05)

   A pre-application conference with the Planning Director, or designee, is required before the formal submission of an annexation application. During the pre-application conference, the Planning Director, or designee, will review with the applicant the city's requirements for application content; anticipated plans, reports, and studies required for the annexation application; applicable policies; infrastructure needs; and other information determined by the Planning Director. In addition, the Planning Director will inform the applicant whether a Specific Plan, Development Agreement, or other, similar, discretionary approval is required for a proposed annexation.

(Ord. 1133, passed 4-4-05)

   As part of an annexation application, the applicant must provide the following:

   (A)   An application for pre-zoning;

   (B)   If applicable, an application for a zone change;

   (C)   Proof of ownership, legal description, and proof of consent or dissent to the application of all persons with an ownership interest in the real property proposed for annexation;

   (D)   An identification of LCA contracts; CURB boundary amendments; Sphere of Influence boundary adjustments; or other applicable property restrictions that may be required for annexation;

   (E)   Boundary map, prepared by a civil engineer or licensed surveyor, in accordance with the requirements of the Ventura County Surveyor's Office. At a minimum, a boundary map submitted to the city must contain the following information:

      (1)   A sufficient legal description of the land to define the boundaries of the proposed annexation of land.

      (2)   The date, north arrow, and scale.

      (3)   The name and address of the property owner(s), and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor and the names and addresses of all operators of the utility systems of the subdivision.

      (4)   The existing topography of land proposed to be annexed using contour intervals as follows: One foot when the slope of the ground is less than 5%; two feet when the slope of the ground is between 5% and 10%; five feet when the slope of the ground is between 10% and 25%; and ten feet when the slope of the ground is greater than 25%.

      (5)   The approximate location and outline to scale of each building or structure on each property proposed for annexation. Each building shown must be identified by street address or other identifying feature, and include a notation on whether each building, structure, fence, wall, or land use will be retained.

      (6)   The locations of any existing water wells and septic tanks, and descriptions of the proposed source of water supply and the proposed method of sewage disposal.

      (7)   The width, purpose, and approximate location of all easements or rights-of-way, whether public or private, within and adjacent to the annexation.

      (8)   The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse and existing flood control district channels within one-half mile of the exterior boundaries of the proposed annexation.

      (9)   Through the application review process, the City Engineer or Planning Director may require that additional information be included on the map to provide important or necessary disclosures or other information;

   (F)   A fiscal impact analysis unless the annexation application is for public facilities, public open space and parkland, and island annexations under five acres;

   (G)   Any memorandum of understanding with public school districts ("School Agreement") affected by the proposed annexation as required by this chapter unless the proposed annexation includes public facilities, public open space and parkland, and island annexations under five acres;

   (H)   Identification of any geologic hazards;

   (I)   A written commitment to transfer or otherwise dedicate to the city, at an appropriate time

following the effective date of the annexation, all water rights associated with the property;

   (J)   If required, a Specific Plan in conformance with this Code; and

   (K)   All applicable LAFCO fees.

(Ord. 1133, passed 4-4-05)

   Before applying for annexation, an applicant must enter into a School Agreement with each impacted public school district that addresses all issues associated with a proposed project including, without limitation, any capital costs associated with new or expanded school facilities.

(Ord. 1133, passed 4-4-05)

   The annexation application must include a complete description of the proposed source, distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the annexation and needed to support the land uses. Such information may be provided on a tentative map if a subdivision is proposed.

(Ord. 1133, passed 4-4-05)

   (A)   A complete annexation application will be considered by the Planning Commission at a public hearing.

   (B)   By resolution, the Planning Commission may recommend that the City Council approve, approve with modifications, or deny a proposed annexation application.

   (C)   A proposed annexation inconsistent with the General Plan may not be recommended or adopted until the General Plan is amended to eliminate such inconsistency. Such a General Plan amendment and any development proposal relying on the amendment must be considered concurrently with the annexation application.

(Ord. 1133, passed 4-4-05)

   (A)   After receiving a Planning Commission resolution, the City Clerk will set the matter for a public hearing before the City Council.

   (B)   Following the public hearing, the City Council will, by resolution, approve, conditionally approve, or deny the proposed annexation application along with any other discretionary approvals required for a proposed annexation.

   (C)   If an application is approved, the City Council will direct the City Manager or designee to forward the annexation application to LAFCO for approval.

(Ord. 1133, passed 4-4-05)

   The City Council must make the following findings before approving an annexation:

   (A)   That the proposed annexation is consistent with the goals, policies, and objectives of the General Plan;

   (B)   That the proposed annexation will not adversely or significantly impact surrounding properties;

   (C)   That the proposed annexation promotes public health, safety, or general welfare and serves the goals and purposes of this Code;

   (D)   That the city has sufficient capacity and ability for providing all city services upon annexation, or within a reasonable time of annexation; and

   (E)   That the proposed annexation will pay for itself and will not bring any fiscal or economic burden onto the city. The City Council may deny annexation applications for projects which fail to demonstrate in the fiscal impact analysis that projected annual total revenues generated by the project will equal or exceed the projected annual aggregate costs for municipal services.

(Ord. 1133, passed 4-4-05)

   (A)   Upon City Council approval of the proposed annexation, the City Manager or designee will file a certified copy of the City Council resolution and application for reorganization with LAFCO, in accordance with the provisions of the Act and LAFCO rules.

   (B)   The city will oppose any annexation application filed with LAFCO that did not obtain approval in conformance with this chapter.

(Ord. 1133, passed 4-4-05)