Chapter 17.61
ANNEXATION
Sections:
17.61.010 Requirement for specific plan.
17.61.020 Development agreements required for annexations.
17.61.030 Provision for zoning.
17.61.010 Requirement for specific plan.
Owners of parcels of five or more acres are required to submit a specific plan for the ultimate development of the parcels and gain approval of said plan prior to annexation to the City of Escalon. Specific plans for development of property less than five acres in size may be required at the discretion of the planning director or planning commission. A preliminary development plan submitted as part of a specific planned development application may be accepted in lieu of a specific plan as may be determined by the planning commission. (Ord. 495 § 1, 2005)
17.61.020 Development agreements required for annexations.
As a condition of approval for any annexation to the city of five or more acres, the applicant shall enter into a development agreement with the city. For annexations to the city of fewer than five acres, the city may, in the discretion of the city manager or his or her designee, require the applicant to enter into a development agreement with the city. All development agreements entered into pursuant to this chapter shall comply with the city's procedures and requirements for considering development agreements, then in effect, and with Government Code Section 65864, et seq., as amended.
In the event the city council determines to annex territory for which development is not yet proposed or is proposed at some future date, such annexation shall be contingent on the property owners and any persons with financial interest in the subject property entering into a written annexation agreement with the city which provides that, before any development or other benefit is realized, a development agreement must be approved by the city council. The annexation agreement shall be recorded against the property as a condition of annexation. (Ord. 495 § 1, 2005)
17.61.030 Provision for zoning.
Whenever any land is proposed for annexation to the city, the map of such land, which accompanies the proposal, shall include proposed precise zoning of all such land. Prior to annexation of any property to the city, the property shall be prezoned to a district that is compatible with the general plan designation of the property. This prezoning shall be processed pursuant to the requirements of this title. It is recognized that, prior to the ultimate development of the area, a planned development ordinance may replace the ordinance adopted to prezone the property for annexation. (Ord. 495 § 1, 2005)
17.61.040 Required findings.
The city council, upon recommendation of the planning commission, may grant annexation into the city if the council finds that granting of such annexation will not adversely affect properties in the vicinity and will not be contrary to the public interest, and that the proposed land use and overall development plan is consistent with the approved specific plan and development agreement. (Ord. 495 § 1, 2005)