Chapter 7.02
ANNEXATION
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Sections:
7.02.010 Purpose.
7.02.020 Definitions.
7.02.030 Annexation procedures.
7.02.040 Public services and improvements.
7.02.050 Unsafe building conditions.
7.02.010 Purpose.
The purpose of this chapter is to insure that the addition of new territory to the corporate limits of the city of Sonoma through the process of annexation is consistent with state law, consistent with the city’s general plan as amended or revised from time to time, is economically feasible for the city relative to the provision of public services, and represents a logical extension of the boundaries of Sonoma. (Ord. 96-7 § 1, 1996).
7.02.020 Definitions.
The following terms and phrases shall be defined as set forth below:
A. "Annexation" shall mean the process of adding territory to the corporate limits of the city in accordance with applicable state and local regulations.
B. "City" shall mean the city of Sonoma.
C. "Irregular city boundaries" shall mean the result of annexations that leave portions of unincorporated territory surrounded or nearly surrounded by territory within the corporate limits of the city.
D. "Local agency formation commission" or "LAFCO" shall mean the agency responsible for the review and approval of annexations to or detachments from cities or special districts within Sonoma County as provided by state law.
E. "Prezoning" shall mean the process of placing a city zoning designation on a property requesting annexation to the city. A prezoning designation shall be applied to the property prior to its annexation to the city.
F. "Public improvements" shall mean the installation, repair, or replacement of streets, sidewalks, curbs and gutters, storm drains, water mains and laterals, sewer mains and laterals, fire hydrants, or similar public facility to the current standards of the city or other responsible agency providing the affected service.
G. "Public services" shall mean those services provided by the city of Sonoma or other responsible agency for the benefit of its citizens. Public services may include, but are not limited to, the provision of water for domestic use, sewage disposal, police protection, fire protection, emergency medical services, and parks and recreation. (Ord. 96-7 § 1, 1996).
7.02.030 Annexation procedures.
A. No unincorporated territory shall be eligible for annexation to the city unless:
1. Said territory lies within the sphere of influence of the city as delineated in the city’s most recently adopted general plan and as adopted by the local agency formation commission (LAFCO); and
2. That some portion of said territory adjoins the corporate limits of the city.
It is the intent of the city to discourage annexations of unincorporated territory that would create or continue irregular city boundaries by leaving certain unincorporated parcels out of the proposed annexation area. However, this statement of intent should not be construed to prohibit applications for annexation under such circumstances, or to require property owners, who have so stated for the record, to join in any proposed annexation against their will, unless the city council finds and determines that the inclusion of said properties is necessary for the protection of the health, safety and welfare of the community.
B. Once an unincorporated territory has been determined to be eligible for annexation to the city, the property owner(s) or their authorized representative may make application to the city of Sonoma community development department for a prezoning that is consistent with the land use designation of the city’s most recently adopted general plan. Said prezoning application may also be accompanied by any other applications necessary for any proposed new development or use of the territory, or portion thereof, to be annexed. The application and any associated application fees and supplemental information that may be required shall be in a form and amount determined by resolution of the city council.
C. Once an application has been deemed complete and ready for processing by the community development department, it shall be placed on an agenda of the city of Sonoma planning commission for public hearing. Prior to the public hearing, the application shall be circulated to other city departments for review and comment. City departments shall, within a designated response time, have the opportunity to identify potential impacts associated with the proposed application and recommend modifications to the application or conditions of approval to be forwarded to the planning commission for its consideration. At the conclusion of the public hearing and based on the evidence and testimony in the record, the planning commission shall either deny the prezoning and the annexation application, or recommend approval or conditional approval of the prezoning and the annexation to the city council. A recommendation of approval or conditional approval shall be based on the following findings (a decision to deny shall be based on the inability to make one or more of these findings):
1. That the prezoning of the territory is consistent with land use designation of the general plan and with applicable general plan goals and policies;
2. That the prezoning and proposed annexation represents a logical extension of city boundaries;
3. That essential public utilities (sewer, water, storm drainage, etc.) are in the vicinity and can be extended to the area to be annexed;
4. That all applicable public services have the capacity to serve the area to be annexed.
A denial of a prezoning may be appealed to the city council under the provisions contained in Chapter 19.84 SMC.
D. The city council shall consider the recommendation of the planning commission for approval of the prezoning and the annexation at a duly noticed public hearing. Upon concluding the public hearing and considering the evidence and testimony in the record, the city council shall either approve or deny the prezoning and annexation. Approval of a prezoning shall be done by ordinance.
E. Following the approval of a prezoning and annexation by the city council, the proposed annexation shall then be considered by the local agency formation commission (LAFCO). Application to LAFCO shall be made in accordance with applicable provisions of state law and the procedures, submittal requirements and fees adopted by LAFCO from time to time. Any remaining actions required by the city to finalize the proposed annexation shall be done in accordance with applicable state law and following the decision of LAFCO. (Ord. 96-7 § 1, 1996).
7.02.040 Public services and improvements.
A. It is the intent of the city council that annexations to the city must pay for all costs associated with providing applicable city services. To insure that said costs of service provision are adequately covered, the city council shall, after appropriate review and analysis, adopt an annexation fee to be charged at the time application is made to the city for a prezoning and annexation. Following its adoption, the city council shall have the authority to revise the annexation fee from time to time to insure its continued ability to cover the costs of extending services and utilities to newly annexed areas. The city council may also consider fee waivers or adjustments in certain cases where an annexation may be encouraged due to demonstrated benefits to the city.
B. Annexations that include properties with existing public improvements, including but not necessarily limited to streets, sidewalks, curbs and gutters, storm drains, or water lines, that are not consistent with current, adopted city public improvement standards at the time of annexation shall be required to bring those improvements up to applicable city standards as a condition of annexation to the city. The timing for completing required public improvements and the means of securing that said improvements are completed in a timely manner in accordance with city standards shall be determined by the city engineer and made a condition of approval of the annexation at the time the annexation and prezoning application is considered by the planning commission. The city council may, upon written request of applicant and prior to a final action to approve the annexation and prezoning, authorize the deferral, modification, or waiver of required public improvements if the city council is able to make one or more of the same findings relative to the application for annexation as are contained in SMC 12.14.050(A) through (C). In the event that city council grants a deferral of public improvements, the affected property owners shall be required to enter into an agreement with the city as provided in SMC 12.14.051. (Ord. 96-7 § 1, 1996).
7.02.050 Unsafe building conditions.
Annexations that include existing structures on the properties to be annexed shall be subject to a building and fire code survey to be performed by the city building official and fire prevention officer, or his/her respective designees, prior to the approval of the annexation by the planning commission. The sole purpose of the survey shall be to identify hazardous building conditions existing at the time of the annexation. The building official and fire prevention officer may recommend, and the city council may adopt, specific conditions intended to address identified deficiencies prior to annexation to the city. (Ord. 96-7 § 1, 1996).