Article XI — ANNEXATION VERIFICATION

SEC. 22-190. SHORT TITLE.

This article shall be known and cited as the Annexation Verification Ordinance.

(`64 Code, Sec. 33-120) (Ord. No. 2378)

SEC. 22-191. POLICY AND PURPOSE.

(A) The purpose of this article is to provide a procedure by which the city can verify that each property for which the owner requests water service from the city is properly annexed into Calleguas Municipal Water District (Calleguas) and Metropolitan Water District of Southern California (Metropolitan) boundaries prior to commencement of water delivery by the city.

(B) The city intends this article to operate as a long term measure to define the responsibilities of the city, Metropolitan and Calleguas in the annexation verification process and to ensure that no property will receive water service from the city without first being properly annexed into Calleguas and Metropolitan boundaries.

(`64 Code, Sec. 33-120.1) (Ord. No. 2378)

SEC. 22-192. DEFINITION, CUSTOMER.

“Customer” means any natural person or public or private entity, including but not limited to, any State or local governmental agency, private corporation, firm, partnership, individual, group of individuals, or, to the extent authorized by law, any federal agency, who is or seeks to be supplied with water service from the city.

(`64 Code, Sec. 33-120.2) (Ord. No. 2378)

SEC. 22-193. PROOF OF ANNEXATION PRIOR TO DELIVERY OF WATER SERVICE.

Prior to delivery of water service by the city to any property, the city may require the customer to submit to the city written verification providing proof that the customer's property has been annexed into Calleguas and Metropolitan boundaries and that the customer has paid all applicable fees and costs to Calleguas, Metropolitan and the Local Agency Formation Commission (LAFCO) as may be required.

(`64 Code, Sec. 33-120.3) (Ord. No. 2378)

SEC. 22-194. ANNEXATION PROCEDURE.

If a customer's property requires annexation into Calleguas and Metropolitan boundaries, the customer is responsible for complying with any and all annexation procedures required by Calleguas, Metropolitan and LAFCO.

(`64 Code, Sec. 33-120.4) (Ord. No. 2378)

SEC. 22-195. DETERMINATION LETTER AS CONCLUSIVE EVIDENCE OF ANNEXATION STATUS.

(A) A customer may provide written verification of annexation into Calleguas and Metropolitan boundaries and payment of all applicable fees, by submitting to the city a copy of the annexation and capital construction charges determination (Determination Letter), in a form approved by the city manager.

(B) A valid Determination Letter submitted to the city shall be deemed conclusive evidence that the customer's property is properly annexed into Calleguas and Metropolitan boundaries and that all annexation fees and costs have been paid to Calleguas, Metropolitan and LAFCO.

(`64 Code, Sec. 33-120.5) (Ord. No. 2378)

SEC. 22-196. TIMELY SUBMISSION OF A REQUEST FOR DETERMINATION OF ANNEXATION STATUS.

The customer should submit a written request for a determination letter to Calleguas early in the applicable permitting or development approval process. The city encourages Calleguas to respond promptly to annexation determination requests. If a property requires annexation into Calleguas and Metropolitan boundaries, the annexation process may take six months or more to complete. Annexation approval is discretionary to Calleguas, Metropolitan and LAFCO. The city acknowledges that both Calleguas and Metropolitan have the right to reject a customer's annexation request.

(`64 Code, Sec. 33-120.6) (Ord. No. 2378)

SEC. 22-197. VERIFICATION PRIOR TO OR CONCURRENT WITH ANNEXATION INTO CITY.

If the city manager determines that annexation of the customer's property into Calleguas and Metropolitan bound aries should be accomplished in conjunction with annexation into the city, the customer shall submit written verification of annexation into Calleguas and Metropolitan boundaries prior to or concurrent with final approval of annexation into the city.

(`64 Code, Sec. 33-120.7) (Ord. No. 2378)

SEC. 22-198. VERIFICATION PRIOR TO OR CONCURRENT WITH SUBDIVISION APPROVAL.

A customer seeking water service from the city who is also requesting subdivision approval from the city may, in the discretion of the city manager, be required to submit written verification providing proof that the customer's property has been annexed into Calleguas and Metropolitan boundaries and that the customer has paid all applicable annexation fees and costs to Calleguas, Metropolitan and LAFCO as may be required. The customer shall submit such written verification of annexation into Calleguas and Metropolitan service areas prior to or concurrent with subdivision approval.

(`64 Code, Sec. 33-120.8) (Ord. No. 2378)

SEC. 22-199. VERIFICATION PRIOR TO OR CONCURRENT WITH CONDITIONAL LAND USE APPROVAL.

A customer seeking water service from the city who is also requesting conditional land use approval from the city may, in the discretion of the city manager, be required to submit to the city written verification providing proof that the customer's property has been annexed into Calleguas and Metropolitan boundaries and that the customer has paid all applicable annexation fees and costs to Calleguas, Metropolitan and LAFCO as may be required. The customer shall submit written verification of annexation into Calleguas and Metropolitan boundaries prior to or concurrent with the conditional land use approval.

(`64 Code, Sec. 33-120.9) (Ord. No. 2378)

SEC. 22-200. VERIFICATION PRIOR TO FINAL LAND USE CLEARANCE.

A customer seeking water service from the city who is also requesting final land use clearance from the city shall submit to the city written verification providing proof that the customer's property has been annexed into Calleguas and Metropolitan boundaries and that the customer has paid all applicable annexation fees and costs to Calleguas, Metropolitan and LAFCO as may be required. The customer shall submit written verification of annexation prior to the final issuance of land use clearance for the proposed development.

city written verification providing proof that the customer's property has been annexed into Calleguas and Metropolitan boundaries and that the customer has paid all applicable annexation fees and costs to Calleguas, Metropolitan and LAFCO as may be required. The customer shall submit written verification of annexation prior to the final issuance of land use clearance for the proposed development.

(`64 Code, Sec. 33-120.10) (Ord. No. 2378)

SEC. 22-201. VERIFICATION PRIOR TO ISSUANCE OF A BUILDING PERMIT.

Prior to issuance of a building permit from the city, a customer shall submit written verification providing proof that the customer's property has been annexed into Calleguas and Metropolitan boundaries and that the customer has paid all applicable fees and costs to Calleguas, Metropolitan and LAFCO.

(`64 Code, Sec. 33-120.11) (Ord. No. 2378)

SEC. 22-202. SUSPENSION OF CONFLICTING ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS.

To the extent that the terms and provisions of this article are inconsistent or in conflict with the terms and provisions of any previously adopted city ordinances, resolutions, rules or regulations, the terms of this article and its implementing rules and regulations shall prevail.

(`64 Code, Sec. 33-120.12) (Ord. No. 2378)