Chapter 17.64 — REVIEW AND APPROVAL

After the approval of the city staff to proceed based upon the preliminary review provided in Sections 17.52.060 through 17.52.110 and the completion of the applications necessary under Chapters 17.56 and 17.60, the applicant may formally file the application with the planning department.

(Ord. 434 § 814-1, 1980)

A.

With the filing of the final annexation application, annexation maps and report and any prezoning or general plan amendment applications, a nonrefundable fee shall be deposited with the planning department as prescribed by council resolution.

B.

The applicant shall file with the planning department the applications, the number of sets of annexation reports and maps, and one set of reproducible copies and such other copies and data as may be required.

C.

The applicant shall file with the planning department a written petition containing the required number of signatures of property owners as required by law.

(Ord. 434 § 814-2(a, b, c), 1980)

The planning department shall have thirty days from filing to certify completeness of the application or rejecting the application for filing, giving specific information necessary to complete the application. Upon certification of completeness, the planning department shall indicate on all copies the date of acceptance for filing.

(Ord. 434 § 814-2(d), 1980)

The environmental documentation will be processed and circulated for public review and comment within ten days of the filing or earlier if the document has been filed prior to the filing of the annexation document. In any case, no environmental document may be circulated prior to the time stated in Section 17.52.090.

(Ord. 434 § 814-2(e), 1980)

The application for annexation shall be reviewed at a hearing by the planning commission and city council and may be heard concurrently with the prezoning application, if any. Each action may be heard separately or concurrently, provided environmental reviews have been or are being conducted under the provisions of the California Environmental Quality Act.

(Ord. 434 § 814-2(f), 1980)

After the legally required review period for the environmental documents, a planning commission hearing will be set. The planning department shall prepare a written report to the commission which contains the following information:

A.

The written report, comments and recommendations of the city staff, public agencies and other public utilities;

B.

A final environmental impact report, negative declaration or summary thereof.

(Ord. 434 § 814-2(g), 1980)*

The planning commission shall make a specific finding as to:

A.

The adequacy of the environmental determination;

B.

The necessity of the prezoning designation for the achievement of the objectives of Title 18 of this code;

C.

The consistency with the general plan;

D.

The consistency with the goals and policies of this division of this title.

(Ord. 434 § 814-2(g), 1980)*

Footnotes:

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• Editor's Note: Ord. 434 § 814-2 contains two subsections lettered "g."

The city council, upon receipt of the application and all the accompanying reports and maps, shall set a time for a public hearing. The notice shall appear at least once in a newspaper of general circulation in the area to be annexed at least ten days prior to the hearing.

(Ord. 434 § 814-3(a), 1980)

17.64.090 - City council consideration.

The city council shall consider the request and the planning commission's recommendations. If the city council acts to alter the proposal, the public hearing will be continued and the project will be sent back to the planning commission for report.

(Ord. 434 § 814-3(b), 1980)

The planning commission shall have forty-five days to study the matter and return a recommendation to the city council. If they do not respond within the allotted time, the city council will deem the planning commission to have approved of the modification and conclude the public hearings. It is not necessary for the planning commission to hold a public hearing on such modification.

(Ord. 434 § 814-3(c), 1980)

Upon the conclusion of the hearing, the city council shall:

A.

Certify the final environmental documents as adequate and complete;

B.

Find the proposal consistent with the general plan by resolution;

C.

Prezone the subject parcels by ordinance;

D.

Find the annexation proposal consistent with the goals and policies of this division of this title by resolution.

(Ord. 434 § 814-3(d), 1980)

The city shall transmit the application, the maps, the annexation report, the resolutions and ordinances to the Solano County LAFCO. Any fees charged by the LAFCO and official LAFCO forms and all other information and materials required shall be the sole responsibility of the applicant.

(Ord. 434 § 814-4, 1980)

Upon notification of approval by LAFCO and within the time period specified by law, the city council shall hold a protest public hearing and will be required to take one of the following actions:

A.

In the case of inhabited annexation, detachment or reorganization:

1.

Order the annexation if less than twenty-five percent of the registered voters within the territory protest,

2.

Order the annexation, subject to an election, if more than twenty-five percent of the voters within the territory protest,

3.

Terminate proceedings if more than fifty percent of the registered voters within the territory protest;

B.

In the case of uninhabited annexation, detachment or reorganization, order the annexation complete.

(Ord. 434 § 814-5, 1980)

A.

If an election is required, it will be determined by registered voters living in the affected areas unless the affected area has:

1.

An assessed value equal to one-half or more of the total assessed value of land within the city; or

2.

Has a number of registered voters in the affected territory which equal one-half or more of the number of registered voters residing within the city.

B.

In either of the cases described in subsection A of this section, the election must include voters living in the city; a majority vote is required in both the affected territory and the city.

(Ord. 434 § 814-6, 1980)

Upon approval of the proposed annexation, the city will notify LAFCO. LAFCO may then act pursuant to law.

(Ord. 434 § 814-7, 1980)

The annexation is complete upon the notification and acceptance of the State Board of Equalization.

(Ord. 434 § 814-8, 1980)

Chapter 17.70 - PUBLIC IMPROVEMENT REIMBURSEMENTS