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STANDARDS
FOR OUT-OF-AGENCY SERVICE AGREEMENTS
Considerations
for Approving Agreements:
Annexations to cities
and special districts are generally preferred for providing public services,
however, out-of-agency service agreements can be an appropriate alternative.
While each proposal must be decided on its own merits, the Commission
may favorably consider such agreements in the following situations:
- Services will be
provided to a small portion of a larger parcel and annexation of the
entire parcel would be inappropriate in terms of orderly boundaries,
adopted land use plans, open space/greenbelt agreements or other relevant
factors.
- Lack of contiguity
makes annexation infeasible given current boundaries and the requested
public service is justified based on adopted land use plans or other
entitlements for use.
- Where public agencies
have a formal agreement defining service areas, provided LAFCO has formally
recognized the boundaries of the agreement area.
- Emergency or health
related conditions mitigate against waiting for annexation.
- Other circumstances
which are consistent with the statutory purposes and the policies and
standards of the Santa Barbara LAFCO.
Agreements Consenting
to Annex:
Whenever the affected
property may ultimately be annexed to the service agency, a standard condition
for approval of an out-of-agency service agreement is recordation of an
agreement by the landowner consenting to annex the territory, which agreement
shall inure to future owners of the property.
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