Salinas Municipal Code Div. 10 Annexations

The purpose of this division is to:

(a) Assure orderly growth and development, which are essential to the social, fiscal, and economic well-being of the city and its residents;

(1) Promote the logical formation and determination of city boundaries as an important factor in promoting orderly development,

(2) Implement the Salinas general plan, and

(3) Assure that the need for services and facilities are weighed against the total financial resources available for securing such services and facilities;

(b) Provide a process for the annexation of land into the city limits. Figure 37-60.60 illustrates the annexation process.

(Ord. No. 2463 (NCS).)

An application for an annexation shall be initiated with the city by submission of an application to community planning and development in accordance with Division 2: Application Procedures of this article. The application for annexation shall also include:

(a) A map and legal description of the boundaries of land proposed to be annexed;

(b) A plan for providing and financing public services and facilities; and

(c) Other information deemed applicable by the city planner to facilitate a full and accurate assessment of the proposed annexation.

(Ord. No. 2463 (NCS).)

All areas to be annexed to the city shall be assigned a pre-zoning designation in accordance with Division 14: Rezones/Pre-zones/Zoning Code Amendments of this article.

(Ord. No. 2463 (NCS).)

(a) The city planner shall set the time, date, and location of public hearings.

(b) The city planner shall undertake environmental review in regard to the proposal, and, upon completion of such review and a review of the required finding ( Section 37-60.730: Required finding of this division), transmit the application, together with a staff report containing a recommendation to the planning commission and city council, as applicable.

(Ord. No. 2463 (NCS).)

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(a) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision.

(1) Following the conclusion of the public hearing, the planning commission shall make written recommendations to the city council to approve, approve with conditions or modifications, or deny the application as submitted or in modified form and shall make written findings supporting the reason for the recommendation in accordance with Section 37-60.730: Required finding of this division.

(2) In the event that the planning commission is unable to make a recommendation to the city council on the application because a motion on the application fails to receive majority vote resulting in no action being taken by the planning commission, the application shall be forwarded directly to the city council with a record of the planning commission's vote and the commission proceedings thereon.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. After the planning commission makes a recommendation on the application, the city council shall hold a public hearing on the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The city council shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision. Following the conclusion of the public hearing, the city council shall approve, modify, or reject the planning commission's recommendation, provided that a substantial modification not previously considered by the planning commission shall be referred to the planning commission for a written recommendation prior to consideration of an amendment (such a modification may require additional environmental review in accordance with CEQA if determined applicable by the city planner). Prior to adoption of an annexation, the city council shall make written findings supporting the reason for the decision in accordance with Section 37-60.730: Required finding of this division. Approval of the annexation shall be by adoption of a resolution of application in accordance with Section 56700 of the Government Code.

(e) Property Tax Exchange Resolution. If the city council adopts a resolution of application in accordance with Section 56700 of the Government Code, the council shall also adopt a property tax exchange resolution in accordance with Section 99 of the Revenue and Taxation Code establishing the amount of property tax revenues to be exchanged between and among local agencies whose service area or service responsibility will be altered by the amount of, and allocation factors with respect to, property tax revenue estimated from the proposed annexation.

(f) Filing. The city council shall direct the Salinas city clerk to file a certified copy of the resolution of application and a copy of the property tax exchange resolution with the executive officer of the Monterey County local agency formation commission (LAFCO).

(Ord. No. 2463 (NCS).)

The planning commission, prior to making written recommendations to the city council, and the city council, prior to approving, or approving with modifications a proposed resolution of application for annexation shall on the basis of the application and testimony submitted make the following finding:

(a) The amendment is consistent with the Salinas general plan and other plans and policies adopted by the Salinas city council.

(Ord. No. 2463 (NCS).)

Following approval of the resolution of application by the city council, the applicant shall submit an application to the Monterey County local agency formation commission in order to initiate annexation proceedings with that agency.

(Ord. No. 2463 (NCS).)

In addition to any and all fees, all property annexed to the city shall be subjected to taxation equally with property within the city, and to pay and bonded indebtedness outstanding or authorized on the effective date of the annexation.

(Ord. No. 2463 (NCS).)