HomeMy WebLinkAboutAgenda Report - October 21, 1987 (64)�r !Y COUNCIL MIEE-TING
OCTOBER -21, 1981
REVIEW OF POLICY
ON ANNEXATION
AND DEVELOPMENT
PROPOSALS Ct-uncil reviewed a recommended policy for annexations and
development proposals which was pr -pared by the City
CC -$(a) Attorney.
CC -46
The policy suggested that the City not accept any
applications for annexation until such time as the City's
Public Works Director can certify that the White Slough
Water Pollution Control Facility has the capacity to serge
any new developments. Council indicated its concern that
this be modified to indicate that the City not accept any
applications for annexation until such time as mitigating
measures have been addressed.
Further, the policy suggested that the City Council direct
staff to inform .applicants for industrial or commercial
development, that they will be required to prepare
environmental documentation, and further to advise such
applicants that there is a good possibility that the City
will deny the application due to the wastewater treatment
plant over -capacity at --this. time. __
On notion of Mayor Pro Tempore Snider, Olson second,
Coun,J 1 concurred with heretofore stated policy`.
TO- THE CITY COUNCIL
FROM. THE CITY MANAGER'S OFFICE
SUBJECT
C UNCIL COMMUNICATI4.
REVIEW OF POLICY ON ANNEXATION AND DEVELOPMENT PROPOSALS
PREPARED BY:
City Attorney
7 I NO-
TO- 19Ct
t
RECOMMENDED ACTION: That the City Council direct:
(1) That the City not accept any applications
for annexation until sucf, time as the City's
Public Works Director can certify that the White Slough Water Pollution
Control Fa ,lity has the capacity to serve any new developments, and
(2) That the City Council direct staff to
inform applicants for industrial or commercial
development, that they will be required to
prepare a focused EIR to look at the impact of the oroject on wastewater
treatment, and further to advise such applicants that there is a good
possibility that the City will deny the application due to the wastewater
treatment plant over -capacity at this time.
BACKGROUND INFORMATION: After sitting through the September 30, 1987
Council meeting at which time the environmental
review on a number of projects which will be
before the voters in November was discussed, I became concerned about a
number of the mitigation measures which will require the City Council to
adopt development fees which will be exacted from the developers who have
these projects, as well as other projects within the City (commercial and
=ndustrial ). Further, I became aware that the White Slough Water Pollution
Control Facility is presently operating above capacity, and will require
expansion.
In researching this issue, I found that the City is not required to annex
land and can refuse to be the initiating agency under the Cortese -Knox
Local Government Reorganization Act of 1985 (Government Code § 56000 et
seq). Further, if an individual whose property was brought into the
General Plan in November 1987 wanted to file a tentative map, the City
could argue that until the land is annexed, the City does not have to
accept an application for a tentative map. If the individual insisted on
filing an application, the City could,under Government Code § 66474.6, deny
the tentative map because the proposed subdivision would cause additional
over -capacity at the wastewater treatment plant.
As to commercial and industrial project applicants who might ask for
development approval by the City, the City could deny approval based on the
wastewater treatment plant over -capacity.
Resp c 11 submitted,
R a M. Stein
City Attorney
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