Chapter 10.94 — ANNEXATIONS

The purpose of this chapter is to provide a process for the annexation of land into the city limits. The review process is meant to assure orderly growth and development while weighing the need for services and facilities against the total financial resources available for securing such services and facilities.

(Ord. 2025-01, passed 1-7-2025)

Whether initiated by petition or by resolution for application, the following general provisions will apply with regard to all proposed or requested annexation actions:

(A) Staff is authorized to take all actions and file any protests or notices necessary to protect and preserve city rights and opportunities for further comment or action; whether in connection with LAFCO or any other entity to the extent the city is an "affected city," as defined in Cal. Gov't Code § 56011 or as amended.

(B) The city's adopted General Plan and zoning ordinance reflect the City Council's statement of the city's intentions with regard to future development and expansion. City staff is to work with the County of Tulare and LAFCO to implement the City Council's intent in documents and processes within their jurisdiction and with regard to all actions to achieve consistency with the city's adopted General Plan and zoning ordinance, and existing state and federal law.

(C) Complete applications are required and fees must be paid before processing any annexation request.

(D) The city will seek to recover the costs of facilities and system capacities needed by any annexed properties proposed for annexation in a manner consistent with the city's connection fee and development impact fee programs. (Ord. 2025-01, passed 1-7-2025)

(A) An application for an annexation shall be initiated with the city by submission of an application to the Community and Economic Development Department. The Community and Economic Development Director is directed to establish appropriate application forms, fee studies, and processes and to issue administrative guidelines defining a "complete" application and to set the required number of copies. The application materials shall include, but not be limited to, the following:

(1) A copy of any annexation or pre-annexation agreement between the party and the city or between the party and the county.

(2) Copies of any known studies or reports by any local governmental agency concerning the condition of the infrastructure and any service deficiencies within the area proposed for annexation.

(3) A statement regarding the nature and extent of existing public safety and emergency services and an evaluation of additional such services required with regard to the area proposed to be annexed.

(4) A statement of the applicant's plans (if any) for extending, financing, and providing municipal services within the area to be annexed.

• (5) A summary identifying all existing special districts within the area to be annexed.

• (6) A map of the city and adjacent area showing:

• (a) Present and proposed boundaries of the city in the vicinity of the proposed annexation.

• (b) The present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation.

• (c) The existing and proposed land use patterns in the areas to be annexed.

• (7) A map and legal description of the area proposed to be annexed.

• (B) The applicant/petitioner shall be responsible for the cost of preparing all environmental documentation required by the California Environmental Quality Act associated with the proposed annexation.

(C) Only owners of the properties proposed for annexation using the city resolution process permitted under Cal. Gov't Code § 56654, and registered electors within the proposed area proposed for annexation (or an organization lawfully formed by them to represent their interests), may submit an application.

(D) Community and Economic Development Director. The Community and Economic Development Director shall administer all city processes required by either the Act or this chapter in cooperation with department heads from other affected departments. Upon receipt of an application, the Director shall determine if the application is complete and will notify the applicant within 30 days if the application is deficient in any manner. Deficient applications will not be processed further until the defects are remedied.

(E) In connection with any LAFCO sphere of influence reviews, LAFCO annexation proceedings, or annexation pre-application (collectively, the action) processes the Director will perform an evaluation identifying potential city issues and will make recommendations with regard to such issues. At a minimum, the following issues will be analyzed:

• (1) Whether the property meets the statutory requirements for annexation.

• (2) Whether the property is within the City of Tulare's sphere of influence as shown on the last adopted City General Plan.

• (3) Whether the proposed action is consistent with intergovernmental agreements where the city is a party.

• (4) Whether the proposed action creates concerns regarding the city's finances or ability to provide municipal services (including without limitation municipal utility services) to the entire city if the proposed action is approved.

• (5) Projects that will be required or impacted if the city supports the proposed action or if it is completed.

• (6) City policies that will be affected (such as voting districts, by way of example) if the proposed action is completed.

• (a) Any other foreseeable consequences about which the Planning Commission and City Council should be informed.

(F) In connection with proposed annexations which include inhabited territory, at a minimum, the following additional standards will be applied:

(1) The Pavement Condition Index (PCI), as applied to city streets through the city's adopted Transportation System Management Policy will be used to assess the transportation infrastructure and service needs.

• (2) The factors specified in Cal. Health and Safety Code §§ 33030 and 33031 for determining whether "blight" exists and its degree.

• (3) Expected specific increases to city general fund and other fund revenues and other articulable expected city benefits are to equal or exceed the expected increased city disbursements and expected adverse city impacts.

• (G) Staff decisions are reviewable by the City Manager. All final decisions of the City Manager are appealable to the City Council.

(Ord. 2025-01, passed 1-7-2025)

The city may require that applicants requesting a resolution for application from the Council enter into an annexation agreement with the city as a condition to issuing a resolution of application for a proposed annexation. The

annexation agreement may contain provisions for zoning of the property, the physical development of the property, the timing of development, the allocation of the cost of required public improvements and services, and/or other matters relating to the public interest.

(Ord. 2025-01, passed 1-7-2025)

(A) The proposed zoning for the area to be annexed may be addressed in an annexation agreement pursuant to § 10.26.040. The annexation agreement may provide for further reorganization to detach the property if, after annexation, the proposed zoning is materially different than that specified in the annexation agreement.

(B) The city may zone the property either concurrent with the proposed annexation or within 90 days of recording of the annexation.

(Ord. 2025-01, passed 1-7-2025)

(A) When LAFCO annexation proceedings are initiated by landowner or voter petitions, the city will fully participate in proceedings in a manner consistent with the provisions, purposes, and objectives in this chapter. city staff is directed and authorized to take all actions consistent with these directions. Such participation will include, without limitation, the following:

(1) Seeking LAFCO imposition of terms and conditions on any annexations to mitigate adverse impacts and to implement the provisions of this chapter.

(2) If preliminary staff analysis demonstrates the potential for significant adverse fiscal or other impacts to the city, staff is directed to take all actions to mitigate such adverse impacts and to fully inform the City Council regarding such events.

(3) Pursue formation of improvement districts and Mello-Roos districts and other financing tools to address significant blight, infrastructure deficiencies, and anticipated disproportionately burdensome service costs as terms and conditions for annexation.

(4) Negotiate in good faith with the County of Tulare for a property tax transfer agreement based on the anticipated financial impacts to the city.

(5) Prepare and publish factual information describing likely impacts to the residents in the proposed annexation area and to the city in connection with the proposed action. Such information should include, but not be limited to, any information that might be helpful with the process and in describing differences between being in the county and being in the city such as the following: tax differences, land use regulation, code enforcement, and animal control ordinance standards, potential effects of the city's water and sewer ordinances, specific city fees, assessments related to indebtedness, procedures and policies defined by this chapter.

(B) Staff will, in all discussions, negotiations, and processes established by the Act or otherwise, seek to cause an application with all related fees and costs and deposits to be filed with the city in order to be able to complete the annexation impact report described in § 10.26.060 above and all city reviews allowed by the Act and provided for in this code.

(C) Regardless of whether that occurs, the city's efforts to obtain fair share contributions from the other agencies for impact-related costs and LAFCO-imposed terms and conditions will be the same whether the annexation process is commenced by a resolution for application of annexation or by landowner/voter petition directly to LAFCO. (Ord. 2025-01, passed 1-7-2025)

• (A) Public hearing required. Following acceptance of an application, the Planning Commission shall conduct a public hearing for consideration of the application with the following minimum requirements:

• (1) Notice of a hearing shall be given in accordance with Chapter 10.16 Public Hearings of this code.

• (2) 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.

• (3) 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 reasons for the recommendation.

(Ord. 2025-01, passed 1-7-2025)

• (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 with the following minimum requirements:

• (1) Notice of a hearing shall be given in accordance with Chapter 10.16 Public Hearings of this code.

• (2) 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.

(3) 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. Prior to the adoption of an annexation, the City Council shall make written findings supporting the reason for the decision. Approval of the annexations shall be by adoption of a resolution of application.

(B) Property tax exchange resolution. If the City Council adopts a resolution of application in accordance with Cal. Gov’t Code § 56700, the Council shall also adopt a property tax exchange resolution in accordance with Cal. Revenue and Taxation Code § 99 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 application.

(C) Filing. The City Council shall direct the 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 Tulare County Local Agency Formation Commission (LAFCO).

(Ord. 2025-01, passed 1-7-2025)

Following approval of the resolution of application by the City Council, the applicant shall submit an application to the Tulare County LAFCO in order to initiate annexation proceedings with that agency. (Ord. 2025-01, passed 1-7-2025)

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. 2025-01, passed 1-7-2025)