Article 15.04.812 — PREZONING AND ANNEXATION

The purpose of this article is to establish a procedure for prezoning and criteria for annexation of adjoining unincorporated territory in order to preserve, protect and enhance the character of residential neighborhoods; strengthen the City's economic resources; and manage the fiscal impacts of annexation.

Unincorporated territory within the Local Agency Formation Commission (LAFCo) adopted Sphere of Influence for the City of Richmond that may be approved for annexation by LAFCo may be prezoned for the purpose of determining the zoning that will apply in the event of subsequent annexation.

A.

Parcels proposed for annexation to the City shall be prezoned consistent with the following unless an application for a different prezoning is initiated and processed according to the procedures established under Article 15.04.814 (Amendments to Zoning Map and Text).

1.

Undeveloped Residential Parcels.

a.

Development Potential of Five or More Lots. Parcels with development potential of five or more lots shall be prezoned RL2 or equivalent and may also be prezoned to allow for mixed use or neighborhood commercial development, consistent with the General Plan, prior to approval of a Tentative Subdivision Map.

b.

Development Potential of Less than Five Lots. Parcels with development potential of less than five lots shall be prezoned RL2 or equivalent unless an alternate zone would be consistent with the General Plan land use designation(s) for the area to be annexed.

Developed Residential Parcels and Nonresidential Parcels. Developed residential parcels and parcels with development potential for nonresidential use will be pre-zoned consistent with the General Plan and surrounding and/or like zoning district classifications which represent uses intended for the property.

B.

Prezoning must remain the same for two years after annexation.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

Annexation will not be approved unless the proposed annexation meets the following regulations:

A.

General Regulations.

1.

General Plan Consistency. The proposed annexation and parcel configuration must be consistent with the General Plan.

2.

Location. The site proposed for annexation must be contiguous to the City and contiguous to or provisions have been made to become contiguous to City streets or to improved private streets where the maintenance of the private street is provided by an owners' association.

3.

Impact Analysis. An environmental analysis under the provisions of the California Environmental Quality Act and a fiscal impact analysis that evaluates recurring revenues and service costs that may be incurred by the City as a result of annexation has been conducted.

4.

Public Services and Facilities.

a.

Public services and facilities meeting City standards must be available to the lands proposed for annexation. Private streets and facilities satisfactory to the Public Works Director with adequate provision for their maintenance may be acceptable in lieu of public streets and facilities.

b.

All streets, sewage and drainage systems and police and fire protection must meet City standards. Public services and utilities must be provided to the satisfaction of the City Engineer:

i.

Improvements shall be constructed and accepted prior to issuance of Building Permits or sewer connections.

ii.

Streets must meet City street standards from the terminus of City streets currently meeting City standards to and throughout the property.

iii.

Street lights will not be required to be installed where street lights do not currently exist unless requested and paid for by petitioners.

c.

The City taxpayer shall not be burdened with paying for additional services for newly annexed lands as demonstrated in the fiscal impact analysis.

d.

Sewer service connection shall be made pursuant to Richmond Municipal Code Article XII, Public Services.

Creek Protection. All lands proposed for annexation are subject to the provisions in Article 15.04.302 (Creek Protection Overlay District).

B.

Undeveloped Lots. Annexation of lots that do not contain a primary structure shall comply with the following standards:

1.

Lots shall meet the minimum lot size and density standards of Article XV.

2.

The overall density shall not exceed the density permitted by the lot size standards of Article XV for the applicable zoning to be applied to the site.

C.

Developed Lots. Annexation of lots that contain a primary structure must comply with the following standards:

1.

The lots must meet the minimum lot size and density standards of Article XV. Single developed properties that meet all annexation policies, with the exception of minimum lot size requirements, may be considered for annexation provided that further subdivision of the land is prohibited through a recorded deed restriction acceptable to the City Attorney.

2.

The lots must be connected to the City's sanitary sewer system or be able to be connected to the City's sewer to the satisfaction of the City Engineer pursuant to the Richmond Municipal Code Article XII, Public Services.

3.

Lots with existing properly functioning septic tank-drain field systems will not be required to connect to a newly installed sewer line until one of the following events occurs and at that time must be required to connect:

a.

Upon sale of the property that triggers an assessment of the County Tax Assessor; or

b.

Upon determination by the Contra Costa County Environmental Health Services Division that the existing septic system cannot function properly or cannot be expanded to accommodate the use; and

c.

Failed septic systems may not be replaced with another septic system.

The zoning accomplished by prezoning of the site becomes effective at the time that annexation to the City becomes effective. If the subject area has not been annexed to the City within five years of the date of City Council approval, the prezoning approval is subject to reconsideration by the Planning Commission and the Council.