56737. When a change of organization or a reorganization includes
the annexation of inhabited territory to a city and the assessed
value of land within the territory equals one-half or more of the
assessed value of land within the city, or the number of registered
voters residing within the territory equals one-half or more of the
number of registered voters residing within the city, the commission
may determine as a condition of the proposal that the change of
organization or reorganization shall also be subject to confirmation
by the voters in an election to be called, held, and conducted within
the territory of the city to which annexation is proposed.
56738. If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), then the petition shall state whether the city shall succeed to
the contract pursuant to Section 51243 or whether the city intends to
exercise its option to not succeed to the contract pursuant to
Section 51243.5.
56740. (a) No tidelands or submerged lands, as defined in
subdivision (g), which are owned by the state or by its grantees in
trust shall be incorporated into, or annexed to, a city, except lands
which may be approved by the State Lands Commission.
(b) If those tidelands or submerged lands are included within the
boundaries of any territory proposed to be incorporated into, or
annexed to, a city, a description of the boundaries, together with a
map showing the boundaries, shall be filed with the State Lands
Commission by the proponents of the incorporation or annexation. The
filing with the State Lands Commission shall be made prior to the
executive officer issuing a certificate of filing for the proposal.
(c) The State Lands Commission shall approve or disapprove all
portions of the boundaries located upon the tidelands or submerged
lands. In making that determination, it shall, where feasible and
appropriate, require any extensions of land boundaries of the city or
proposed city to be at right angles to the general direction of the
shoreline at each point of intersection of the shoreline with the
land boundaries of the city or proposed city. However, in the
interest of ensuring an orderly and equitable pattern of offshore
boundaries, the State Lands Commission may establish angles and other
courses for each offshore boundary it deems necessary considering
any irregularity of the shoreline, other geographical features, the
effect of incorporation or annexation of the offshore or submerged
lands on the uplands of the city, or proposed city, and adjoining
territory, and the existing and potential boundaries of other cities
and of unincorporated communities.
(d) Within 45 days after the filing of the boundary description
and map with the State Lands Commission, the State Lands Commission
shall make a determination of the proper offshore or submerged lands
boundaries. That determination shall be final and conclusive. If the
State Lands Commission does not make the determination within that
time, the proposed offshore or submerged lands boundaries shall be
deemed approved.
(e) The State Lands Commission shall report its determination to
the executive officer and to each affected city, affected county,
affected district, or person, if any, that has filed the boundary
description and map. Thereafter, filings and action may be taken
pursuant to this part.
(f) The local agency formation commission may review and make
determinations as to all portions of the boundaries, other than those
offshore or submerged lands boundaries.
(g) "Submerged lands," as used in this section, includes, but is
not limited to, lands underlying navigable waters which are in
sovereign ownership of the state whether or not those waters are
subject to tidal influences.
56741. Territory may not be annexed to a city unless it is located
in the same county. Unless otherwise provided in this division,
territory may not be annexed to a city unless it is contiguous to the
city at the time the proposal is initiated pursuant to this part.
Territory incorporated as a city shall be located within one county
and, except as otherwise provided in Section 56742, shall be
contiguous with all other territory being incorporated as a city.
56742. (a) Notwithstanding Section 56741, upon approval of the
commission a city may annex noncontiguous territory not exceeding 300
acres if the territory meets all of the following requirements:
(1) It is located in the same county as that in which the city is
situated.
(2) It is owned by the city.
(3) It is used for municipal purposes at the time commission
proceedings are initiated.
(b) Territory which is used by a city for the reclamation,
disposal, and storage of treated wastewater may be annexed to the
city pursuant to this section without limitation as to the size of
the territory.
(c) If territory is annexed pursuant to this section, the annexing
city may not annex any territory not owned by the city, not used for
municipal purposes, and not contiguous to the city, although the
territory is contiguous to the territory annexed pursuant to this
section.
(d) Notwithstanding any other provision of this section, a city
which annexes territory pursuant to this section may annex additional
territory in the same county as that in which the city is situated
which is owned by the United States government or the State of
California and which is contiguous to the first annexed territory if
the total acreage of the first annexed and the subsequently annexed
territory together does not exceed 300 acres in area. If after the
completion of the subsequent annexation, the city sells any or all of
the first annexed territory, the subsequently annexed territory
shall cease to be part of the city if the subsequently annexed
territory is no longer contiguous to territory owned by the city.
(e) When any or all of the territory annexed to a city pursuant to
this section is sold by the city, all of the territory that is no
longer owned by the city shall cease to be a part of that city.
(f) A city may lease territory annexed pursuant to this section
for any of the purposes authorized pursuant to Sections 37380 to
37396, inclusive, as well as enter into leases for the construction
and operation of electrical generation, transmission, and
distribution. If, however, a city enters into a lease on and after
April 24, 2002, pursuant to Section 37395, 37396, or any other
provision of law, that would authorize the development of a shopping
center, hotel, motel, or lodging house on territory annexed pursuant
to this section, the affected territory shall cease to be a part of
the city.
(g) When territory ceases to be part of a city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment. The resolution shall describe the detached
territory and shall be accompanied by a map indicating the
territory. Immediately upon adoption of the resolution, the city
clerk shall make any filing required by Chapter 8 (commencing with
Section 57200) of Part 4.
(h) If territory annexed to a city pursuant to this section
becomes contiguous to the city, the limitations imposed by this
section shall cease to apply.
56742.5. (a) Notwithstanding Section 56741, upon approval of the
commission any city may annex noncontiguous territory which
constitutes a state correctional facility or a state correctional
training facility. If, after the completion of the annexation, the
State of California sells that territory or any part thereof, all of
the territory which is no longer owned by the state shall cease to be
a part of the city which annexed the territory.
(b) If territory is annexed pursuant to this section, the city may
not annex any territory not owned by the State of California and not
contiguous to the city although that territory is contiguous to the
territory annexed pursuant to this section.
(c) When territory ceases to be part of the city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment of that territory from the city. The
resolution shall describe the detached territory and shall be
accompanied by a map indicating the territory. Immediately upon
adoption of the resolution, the city clerk shall make any filing
provided for by Chapter 8 (commencing with Section 57200) of Part 4
of Division 3.
(d) If territory annexed pursuant to this section becomes
contiguous to the city, the limitations imposed by this section shall
cease to apply.
(e) A city may enter into an agreement with any other city under
which the city apportions any increase in state subventions resulting
from the annexation of territory pursuant to this section.
56743. (a) Notwithstanding Section 56741, upon approval of the
commission a city may annex noncontiguous territory not exceeding
3,100 acres in area, which is located in the same county as that in
which the city is situated, and which is owned by the city and is
being used for municipal water purposes, wildlife habitat, or
sustainable forestry that is subject to an adopted city forest
management plan at the time preliminary proceedings are initiated
pursuant to this part. If, after the completion of the annexation,
the city sells that territory or any part thereof, all of that
territory that is no longer owned by the city shall cease to be a
part of the city.
(b) If territory is annexed pursuant to this section, the annexing
city may not annex any territory not owned by it and not contiguous
to it although that territory is contiguous to the territory annexed
pursuant to this section.
(c) When territory ceases to be part of a city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment of that territory from the city. The
resolution shall describe the detached territory and shall be
accompanied by a map indicating the territory. Immediately upon
adoption of the resolution, the city clerk shall make any filing
provided for by Chapter 8 (commencing with Section 57200) of Part 4.
(d) If territory annexed to a city pursuant to this section
becomes contiguous to the city, the limitations imposed by this
section shall cease to apply.
(e) If territory is annexed pursuant to this section, it shall be
used only for municipal water purposes, wildlife habitat, or
sustainable forestry that is subject to an adopted city forest
management plan. The city may, however, enter into agreements to
lease the land for timber production or grazing by animals. If the
territory is used by the city for any other purpose at any time, it
shall cease to be a part of the city.
(f) This section applies only to the City of Willits and the City
of Arcata.
56744. Unless otherwise determined by the commission pursuant to
subdivision (m) of Section 56375, territory shall not be incorporated
into, or annexed to, a city pursuant to this division if, as a
result of that incorporation or annexation, unincorporated territory
is completely surrounded by that city or by territory of that city on
one or more sides and the Pacific Ocean on the remaining sides.
56747. (a) Notwithstanding Section 56031, unincorporated territory
consisting of property abutting on a street, highway, or road, and
the street, highway, or road, to the extent that it abuts that
property, together with the road strip may be annexed to a city
pursuant to this division under the following conditions:
(1) The annexation may be made only if the property to be annexed
is within the sphere of influence of the annexing city, as adopted by
the commission, and lies within an unincorporated area wholly
surrounded by the annexing city or the annexing city and the county
line or the annexing city and the Pacific Ocean or the annexing city
and a boundary of another city.
(2) The property to be annexed shall not be annexed if the
distance between the boundary of the annexing city and the point
closest to the annexing city at which the road strip connects with
the abutting property, as measured by the road strip, is more than
one-half mile.
(b) Subsequent annexations to the road strip and abutting
territory shall not be made unless both of the following conditions
are met:
(1) The distance between the point at which the original road
strip abuts the boundary of the annexing city and the point closest
to the city at which the road strip connects with the abutting
property to be annexed, as measured by the road strip, is one-half
mile or less.
(2) The annexation is contiguous to the road strip.
(c) As used in this section:
(1) "Property to be annexed" means the property abutting on a
street, highway, or road, and the street, highway, or road, to the
extent it abuts the property.
(2) "Road strip" means the street, highway, or road which connects
the territory of the property to be annexed to the annexing city.
(d) This section applies only to the City of Cupertino.
56749. (a) The commission shall not approve or conditionally
approve a change of organization or reorganization that would result
in the annexation to a city of territory that is within a farmland
security zone created pursuant to Article 7 (commencing with Section
51296) of Chapter 7 of Division 1 if that city provides or would
provide facilities or services related to sewers, nonagricultural
water, or streets and roads, unless the facilities or services
provided by the city benefit land uses that are allowed under a
farmland security zone contract and the landowner consents to the
change of organization or reorganization. However, this subdivision
shall not apply under any of the following circumstances:
(1) If the farmland security zone is located within a designated,
delineated area that has been approved by the voters as a limit for
existing and future urban facilities, utilities, and services.
(2) If annexation of a parcel or a portion of a parcel is
necessary for the location of a public improvement, as defined in
Section 51290.5, except as provided in subdivision (f) or (g) of
Section 51296.
(3) If the landowner consents to the annexation.
(b) This section shall not apply during the three-year period
preceding the termination of a farmland security zone contract under
Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of
Division 1.
56750. Notwithstanding Sections 56300 and 56301, the commission
shall not disapprove a change of organization or reorganization where
the reason for disapproval is that the farmland security zone is
excluded from the affected territory.
56751. (a) Upon receipt by the commission of a proposed change of
organization or reorganization, except a special reorganization, that
includes the detachment of territory from any city, the executive
officer shall place the proposal on the agenda for the next
commission meeting for information purposes only and shall transmit a
copy of the proposal to any city from which the detachment of
territory is requested.
(b) No later than 60 days after the date that the proposal is on
the commission's meeting agenda in accordance with subdivision (a), a
city from which the detachment of territory is proposed may adopt
and transmit to the commission a resolution requesting termination of
the proceedings.
(c) If the city from which the detachment of territory is proposed
has adopted and transmitted to the commission a resolution
requesting termination of proceedings within the time period
prescribed by this section, then the commission shall terminate the
proceedings upon receipt of the resolution from the city.
(d) This section shall not apply if the city from which the
detachment of territory is proposed has adopted and transmitted to
the commission a resolution supporting the proposed change of
organization or reorganization.
56752. If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), then the resolution shall state whether the city shall succeed
to the contract pursuant to Section 51243 or whether the city intends
to exercise its option to not succeed to the contract pursuant to
Section 51243.5.
56753. The executive officer shall give mailed notice of any
hearing by the commission, as provided in Sections 56155 to 56157,
inclusive, by mailing notice of the hearing to the Director of
Conservation if the proposal would result in the annexation to a city
of land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1).
56753.5. Within 10 days after receiving a proposal that would
result in the annexation to a city of land that is subject to a
contract executed pursuant to the Williamson Act (Chapter 7
(commencing with Section 51200) of Division 1), the executive officer
shall notify the Director of Conservation of the proposal. The
notice shall include the contract number, the date of the contract's
execution, and a copy of any protest that the city had filed pursuant
to Section 51243.5.
56754. If a change of organization or reorganization would result
in the annexation to a city of land that is subject to a contract
executed pursuant to the Williamson Act (Chapter 7 (commencing with
Section 51200) of Division 1), the commission, based on substantial
evidence in the record, shall determine one of the following:
(a) That the city shall succeed to the rights, duties, and powers
of the county pursuant to Section 51243, or
(b) That the city may exercise its option to not succeed to the
rights, duties, and powers of the county pursuant to Section 51243.5.
56755. Prior to submitting a resolution of application for the
annexation of territory described in Section 56375.3 to the
commission, the legislative body adopting the resolution shall
conduct a public hearing on the resolution. Notice of the hearing
shall be published pursuant to Sections 56153 and 56154. At the
hearing, any landowner shall be given an opportunity to present his
or her views on the resolution.
56756. The clerk of the legislative body adopting a resolution of
application shall file a certified copy of that resolution with the
executive officer.
56757. (a) The commission shall not review a reorganization that
includes an annexation to any city in Santa Clara County of
unincorporated territory that is within the urban service area of the
city if the reorganization is initiated by resolution of the
legislative body of the city.
(b) The city council shall be the conducting authority for the
reorganization and the proceedings for the reorganization shall be
initiated and conducted as nearly as may be practicable in accordance
with Part 4 (commencing with Section 57000).
(c) The city council, in adopting the resolution approving the
reorganization, shall make all of the following findings:
(1) That the unincorporated territory is within the urban service
area of the city as adopted by the commission.
(2) That the county surveyor has determined the boundaries of the
proposal to be definite and certain, and in compliance with the road
annexation policies of the commission. The city shall reimburse the
county for the actual costs incurred by the county surveyor in making
this determination.
(3) That the proposal does not split lines of assessment or
ownership.
(4) That the proposal does not create islands or areas in which it
would be difficult to provide municipal services.
(5) That the proposal is consistent with the adopted general plan
of the city.
(6) That the territory is contiguous to existing city limits.
(7) That the city has complied with all conditions imposed by the
commission for inclusion of the territory in the urban service area
of the city.
(d) All reorganizations which involve territory for which the land
use designation in the general plan of the city has changed from the
time that the urban service area of the city was last adopted by the
commission, and which are processed by a city pursuant to this
section shall be subject to an appeal to the commission upon
submission of a petition of appeal, signed by at least 50 registered
voters in the county.
(e) An appeal to the commission may also be made by submission of
a resolution of appeal adopted by the legislative body of a special
district solely for the purpose of determining whether some or all of
the territory contained in the reorganization proposal should also
be annexed or detached from that special district.
(f) Any petition submitted under subdivision (d) or resolution
submitted under subdivision (e) shall be submitted to the executive
officer within 15 days of the adoption by the city council of the
resolution approving the annexation. The executive officer shall
schedule the hearing for the next regular meeting of the commission
as is practicable. The commission may set a reasonable appeal fee.
56759. In any order approving a proposal subject to an election for
an annexation or a reorganization that includes annexation of
inhabited territory to a city when the assessed value of land within
that territory proposed to be annexed equals one-half, or more, of
that within the city, as shown by the last equalized assessment
rolls, or the number of registered voters of the territory equals
one-half, or more, of the number of registered voters within the
city, as shown by the county register of voters, the commission shall
require that an election called upon the question of confirming the
annexation or reorganization shall also be called, held, and
conducted within the territory of the city to which territory is
proposed to be annexed.
56737. When a change of organization or a reorganization includes
the annexation of inhabited territory to a city and the assessed
value of land within the territory equals one-half or more of the
assessed value of land within the city, or the number of registered
voters residing within the territory equals one-half or more of the
number of registered voters residing within the city, the commission
may determine as a condition of the proposal that the change of
organization or reorganization shall also be subject to confirmation
by the voters in an election to be called, held, and conducted within
the territory of the city to which annexation is proposed.
56738. If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), then the petition shall state whether the city shall succeed to
the contract pursuant to Section 51243 or whether the city intends to
exercise its option to not succeed to the contract pursuant to
Section 51243.5.
56740. (a) No tidelands or submerged lands, as defined in
subdivision (g), which are owned by the state or by its grantees in
trust shall be incorporated into, or annexed to, a city, except lands
which may be approved by the State Lands Commission.
(b) If those tidelands or submerged lands are included within the
boundaries of any territory proposed to be incorporated into, or
annexed to, a city, a description of the boundaries, together with a
map showing the boundaries, shall be filed with the State Lands
Commission by the proponents of the incorporation or annexation. The
filing with the State Lands Commission shall be made prior to the
executive officer issuing a certificate of filing for the proposal.
(c) The State Lands Commission shall approve or disapprove all
portions of the boundaries located upon the tidelands or submerged
lands. In making that determination, it shall, where feasible and
appropriate, require any extensions of land boundaries of the city or
proposed city to be at right angles to the general direction of the
shoreline at each point of intersection of the shoreline with the
land boundaries of the city or proposed city. However, in the
interest of ensuring an orderly and equitable pattern of offshore
boundaries, the State Lands Commission may establish angles and other
courses for each offshore boundary it deems necessary considering
any irregularity of the shoreline, other geographical features, the
effect of incorporation or annexation of the offshore or submerged
lands on the uplands of the city, or proposed city, and adjoining
territory, and the existing and potential boundaries of other cities
and of unincorporated communities.
(d) Within 45 days after the filing of the boundary description
and map with the State Lands Commission, the State Lands Commission
shall make a determination of the proper offshore or submerged lands
boundaries. That determination shall be final and conclusive. If the
State Lands Commission does not make the determination within that
time, the proposed offshore or submerged lands boundaries shall be
deemed approved.
(e) The State Lands Commission shall report its determination to
the executive officer and to each affected city, affected county,
affected district, or person, if any, that has filed the boundary
description and map. Thereafter, filings and action may be taken
pursuant to this part.
(f) The local agency formation commission may review and make
determinations as to all portions of the boundaries, other than those
offshore or submerged lands boundaries.
(g) "Submerged lands," as used in this section, includes, but is
not limited to, lands underlying navigable waters which are in
sovereign ownership of the state whether or not those waters are
subject to tidal influences.
56741. Territory may not be annexed to a city unless it is located
in the same county. Unless otherwise provided in this division,
territory may not be annexed to a city unless it is contiguous to the
city at the time the proposal is initiated pursuant to this part.
Territory incorporated as a city shall be located within one county
and, except as otherwise provided in Section 56742, shall be
contiguous with all other territory being incorporated as a city.
56742. (a) Notwithstanding Section 56741, upon approval of the
commission a city may annex noncontiguous territory not exceeding 300
acres if the territory meets all of the following requirements:
(1) It is located in the same county as that in which the city is
situated.
(2) It is owned by the city.
(3) It is used for municipal purposes at the time commission
proceedings are initiated.
(b) Territory which is used by a city for the reclamation,
disposal, and storage of treated wastewater may be annexed to the
city pursuant to this section without limitation as to the size of
the territory.
(c) If territory is annexed pursuant to this section, the annexing
city may not annex any territory not owned by the city, not used for
municipal purposes, and not contiguous to the city, although the
territory is contiguous to the territory annexed pursuant to this
section.
(d) Notwithstanding any other provision of this section, a city
which annexes territory pursuant to this section may annex additional
territory in the same county as that in which the city is situated
which is owned by the United States government or the State of
California and which is contiguous to the first annexed territory if
the total acreage of the first annexed and the subsequently annexed
territory together does not exceed 300 acres in area. If after the
completion of the subsequent annexation, the city sells any or all of
the first annexed territory, the subsequently annexed territory
shall cease to be part of the city if the subsequently annexed
territory is no longer contiguous to territory owned by the city.
(e) When any or all of the territory annexed to a city pursuant to
this section is sold by the city, all of the territory that is no
longer owned by the city shall cease to be a part of that city.
(f) A city may lease territory annexed pursuant to this section
for any of the purposes authorized pursuant to Sections 37380 to
37396, inclusive, as well as enter into leases for the construction
and operation of electrical generation, transmission, and
distribution. If, however, a city enters into a lease on and after
April 24, 2002, pursuant to Section 37395, 37396, or any other
provision of law, that would authorize the development of a shopping
center, hotel, motel, or lodging house on territory annexed pursuant
to this section, the affected territory shall cease to be a part of
the city.
(g) When territory ceases to be part of a city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment. The resolution shall describe the detached
territory and shall be accompanied by a map indicating the
territory. Immediately upon adoption of the resolution, the city
clerk shall make any filing required by Chapter 8 (commencing with
Section 57200) of Part 4.
(h) If territory annexed to a city pursuant to this section
becomes contiguous to the city, the limitations imposed by this
section shall cease to apply.
56742.5. (a) Notwithstanding Section 56741, upon approval of the
commission any city may annex noncontiguous territory which
constitutes a state correctional facility or a state correctional
training facility. If, after the completion of the annexation, the
State of California sells that territory or any part thereof, all of
the territory which is no longer owned by the state shall cease to be
a part of the city which annexed the territory.
(b) If territory is annexed pursuant to this section, the city may
not annex any territory not owned by the State of California and not
contiguous to the city although that territory is contiguous to the
territory annexed pursuant to this section.
(c) When territory ceases to be part of the city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment of that territory from the city. The
resolution shall describe the detached territory and shall be
accompanied by a map indicating the territory. Immediately upon
adoption of the resolution, the city clerk shall make any filing
provided for by Chapter 8 (commencing with Section 57200) of Part 4
of Division 3.
(d) If territory annexed pursuant to this section becomes
contiguous to the city, the limitations imposed by this section shall
cease to apply.
(e) A city may enter into an agreement with any other city under
which the city apportions any increase in state subventions resulting
from the annexation of territory pursuant to this section.
56743. (a) Notwithstanding Section 56741, upon approval of the
commission a city may annex noncontiguous territory not exceeding
3,100 acres in area, which is located in the same county as that in
which the city is situated, and which is owned by the city and is
being used for municipal water purposes, wildlife habitat, or
sustainable forestry that is subject to an adopted city forest
management plan at the time preliminary proceedings are initiated
pursuant to this part. If, after the completion of the annexation,
the city sells that territory or any part thereof, all of that
territory that is no longer owned by the city shall cease to be a
part of the city.
(b) If territory is annexed pursuant to this section, the annexing
city may not annex any territory not owned by it and not contiguous
to it although that territory is contiguous to the territory annexed
pursuant to this section.
(c) When territory ceases to be part of a city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment of that territory from the city. The
resolution shall describe the detached territory and shall be
accompanied by a map indicating the territory. Immediately upon
adoption of the resolution, the city clerk shall make any filing
provided for by Chapter 8 (commencing with Section 57200) of Part 4.
(d) If territory annexed to a city pursuant to this section
becomes contiguous to the city, the limitations imposed by this
section shall cease to apply.
(e) If territory is annexed pursuant to this section, it shall be
used only for municipal water purposes, wildlife habitat, or
sustainable forestry that is subject to an adopted city forest
management plan. The city may, however, enter into agreements to
lease the land for timber production or grazing by animals. If the
territory is used by the city for any other purpose at any time, it
shall cease to be a part of the city.
(f) This section applies only to the City of Willits and the City
of Arcata.
56744. Unless otherwise determined by the commission pursuant to
subdivision (m) of Section 56375, territory shall not be incorporated
into, or annexed to, a city pursuant to this division if, as a
result of that incorporation or annexation, unincorporated territory
is completely surrounded by that city or by territory of that city on
one or more sides and the Pacific Ocean on the remaining sides.
56747. (a) Notwithstanding Section 56031, unincorporated territory
consisting of property abutting on a street, highway, or road, and
the street, highway, or road, to the extent that it abuts that
property, together with the road strip may be annexed to a city
pursuant to this division under the following conditions:
(1) The annexation may be made only if the property to be annexed
is within the sphere of influence of the annexing city, as adopted by
the commission, and lies within an unincorporated area wholly
surrounded by the annexing city or the annexing city and the county
line or the annexing city and the Pacific Ocean or the annexing city
and a boundary of another city.
(2) The property to be annexed shall not be annexed if the
distance between the boundary of the annexing city and the point
closest to the annexing city at which the road strip connects with
the abutting property, as measured by the road strip, is more than
one-half mile.
(b) Subsequent annexations to the road strip and abutting
territory shall not be made unless both of the following conditions
are met:
(1) The distance between the point at which the original road
strip abuts the boundary of the annexing city and the point closest
to the city at which the road strip connects with the abutting
property to be annexed, as measured by the road strip, is one-half
mile or less.
(2) The annexation is contiguous to the road strip.
(c) As used in this section:
(1) "Property to be annexed" means the property abutting on a
street, highway, or road, and the street, highway, or road, to the
extent it abuts the property.
(2) "Road strip" means the street, highway, or road which connects
the territory of the property to be annexed to the annexing city.
(d) This section applies only to the City of Cupertino.
56749. (a) The commission shall not approve or conditionally
approve a change of organization or reorganization that would result
in the annexation to a city of territory that is within a farmland
security zone created pursuant to Article 7 (commencing with Section
51296) of Chapter 7 of Division 1 if that city provides or would
provide facilities or services related to sewers, nonagricultural
water, or streets and roads, unless the facilities or services
provided by the city benefit land uses that are allowed under a
farmland security zone contract and the landowner consents to the
change of organization or reorganization. However, this subdivision
shall not apply under any of the following circumstances:
(1) If the farmland security zone is located within a designated,
delineated area that has been approved by the voters as a limit for
existing and future urban facilities, utilities, and services.
(2) If annexation of a parcel or a portion of a parcel is
necessary for the location of a public improvement, as defined in
Section 51290.5, except as provided in subdivision (f) or (g) of
Section 51296.
(3) If the landowner consents to the annexation.
(b) This section shall not apply during the three-year period
preceding the termination of a farmland security zone contract under
Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of
Division 1.
56750. Notwithstanding Sections 56300 and 56301, the commission
shall not disapprove a change of organization or reorganization where
the reason for disapproval is that the farmland security zone is
excluded from the affected territory.
56751. (a) Upon receipt by the commission of a proposed change of
organization or reorganization, except a special reorganization, that
includes the detachment of territory from any city, the executive
officer shall place the proposal on the agenda for the next
commission meeting for information purposes only and shall transmit a
copy of the proposal to any city from which the detachment of
territory is requested.
(b) No later than 60 days after the date that the proposal is on
the commission's meeting agenda in accordance with subdivision (a), a
city from which the detachment of territory is proposed may adopt
and transmit to the commission a resolution requesting termination of
the proceedings.
(c) If the city from which the detachment of territory is proposed
has adopted and transmitted to the commission a resolution
requesting termination of proceedings within the time period
prescribed by this section, then the commission shall terminate the
proceedings upon receipt of the resolution from the city.
(d) This section shall not apply if the city from which the
detachment of territory is proposed has adopted and transmitted to
the commission a resolution supporting the proposed change of
organization or reorganization.
56752. If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), then the resolution shall state whether the city shall succeed
to the contract pursuant to Section 51243 or whether the city intends
to exercise its option to not succeed to the contract pursuant to
Section 51243.5.
56753. The executive officer shall give mailed notice of any
hearing by the commission, as provided in Sections 56155 to 56157,
inclusive, by mailing notice of the hearing to the Director of
Conservation if the proposal would result in the annexation to a city
of land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1).
56753.5. Within 10 days after receiving a proposal that would
result in the annexation to a city of land that is subject to a
contract executed pursuant to the Williamson Act (Chapter 7
(commencing with Section 51200) of Division 1), the executive officer
shall notify the Director of Conservation of the proposal. The
notice shall include the contract number, the date of the contract's
execution, and a copy of any protest that the city had filed pursuant
to Section 51243.5.
56754. If a change of organization or reorganization would result
in the annexation to a city of land that is subject to a contract
executed pursuant to the Williamson Act (Chapter 7 (commencing with
Section 51200) of Division 1), the commission, based on substantial
evidence in the record, shall determine one of the following:
(a) That the city shall succeed to the rights, duties, and powers
of the county pursuant to Section 51243, or
(b) That the city may exercise its option to not succeed to the
rights, duties, and powers of the county pursuant to Section 51243.5.
56755. Prior to submitting a resolution of application for the
annexation of territory described in Section 56375.3 to the
commission, the legislative body adopting the resolution shall
conduct a public hearing on the resolution. Notice of the hearing
shall be published pursuant to Sections 56153 and 56154. At the
hearing, any landowner shall be given an opportunity to present his
or her views on the resolution.
56756. The clerk of the legislative body adopting a resolution of
application shall file a certified copy of that resolution with the
executive officer.
56757. (a) The commission shall not review a reorganization that
includes an annexation to any city in Santa Clara County of
unincorporated territory that is within the urban service area of the
city if the reorganization is initiated by resolution of the
legislative body of the city.
(b) The city council shall be the conducting authority for the
reorganization and the proceedings for the reorganization shall be
initiated and conducted as nearly as may be practicable in accordance
with Part 4 (commencing with Section 57000).
(c) The city council, in adopting the resolution approving the
reorganization, shall make all of the following findings:
(1) That the unincorporated territory is within the urban service
area of the city as adopted by the commission.
(2) That the county surveyor has determined the boundaries of the
proposal to be definite and certain, and in compliance with the road
annexation policies of the commission. The city shall reimburse the
county for the actual costs incurred by the county surveyor in making
this determination.
(3) That the proposal does not split lines of assessment or
ownership.
(4) That the proposal does not create islands or areas in which it
would be difficult to provide municipal services.
(5) That the proposal is consistent with the adopted general plan
of the city.
(6) That the territory is contiguous to existing city limits.
(7) That the city has complied with all conditions imposed by the
commission for inclusion of the territory in the urban service area
of the city.
(d) All reorganizations which involve territory for which the land
use designation in the general plan of the city has changed from the
time that the urban service area of the city was last adopted by the
commission, and which are processed by a city pursuant to this
section shall be subject to an appeal to the commission upon
submission of a petition of appeal, signed by at least 50 registered
voters in the county.
(e) An appeal to the commission may also be made by submission of
a resolution of appeal adopted by the legislative body of a special
district solely for the purpose of determining whether some or all of
the territory contained in the reorganization proposal should also
be annexed or detached from that special district.
(f) Any petition submitted under subdivision (d) or resolution
submitted under subdivision (e) shall be submitted to the executive
officer within 15 days of the adoption by the city council of the
resolution approving the annexation. The executive officer shall
schedule the hearing for the next regular meeting of the commission
as is practicable. The commission may set a reasonable appeal fee.
56759. In any order approving a proposal subject to an election for
an annexation or a reorganization that includes annexation of
inhabited territory to a city when the assessed value of land within
that territory proposed to be annexed equals one-half, or more, of
that within the city, as shown by the last equalized assessment
rolls, or the number of registered voters of the territory equals
one-half, or more, of the number of registered voters within the
city, as shown by the county register of voters, the commission shall
require that an election called upon the question of confirming the
annexation or reorganization shall also be called, held, and
conducted within the territory of the city to which territory is
proposed to be annexed.
56737. When a change of organization or a reorganization includes
the annexation of inhabited territory to a city and the assessed
value of land within the territory equals one-half or more of the
assessed value of land within the city, or the number of registered
voters residing within the territory equals one-half or more of the
number of registered voters residing within the city, the commission
may determine as a condition of the proposal that the change of
organization or reorganization shall also be subject to confirmation
by the voters in an election to be called, held, and conducted within
the territory of the city to which annexation is proposed.
56738. If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), then the petition shall state whether the city shall succeed to
the contract pursuant to Section 51243 or whether the city intends to
exercise its option to not succeed to the contract pursuant to
Section 51243.5.
56740. (a) No tidelands or submerged lands, as defined in
subdivision (g), which are owned by the state or by its grantees in
trust shall be incorporated into, or annexed to, a city, except lands
which may be approved by the State Lands Commission.
(b) If those tidelands or submerged lands are included within the
boundaries of any territory proposed to be incorporated into, or
annexed to, a city, a description of the boundaries, together with a
map showing the boundaries, shall be filed with the State Lands
Commission by the proponents of the incorporation or annexation. The
filing with the State Lands Commission shall be made prior to the
executive officer issuing a certificate of filing for the proposal.
(c) The State Lands Commission shall approve or disapprove all
portions of the boundaries located upon the tidelands or submerged
lands. In making that determination, it shall, where feasible and
appropriate, require any extensions of land boundaries of the city or
proposed city to be at right angles to the general direction of the
shoreline at each point of intersection of the shoreline with the
land boundaries of the city or proposed city. However, in the
interest of ensuring an orderly and equitable pattern of offshore
boundaries, the State Lands Commission may establish angles and other
courses for each offshore boundary it deems necessary considering
any irregularity of the shoreline, other geographical features, the
effect of incorporation or annexation of the offshore or submerged
lands on the uplands of the city, or proposed city, and adjoining
territory, and the existing and potential boundaries of other cities
and of unincorporated communities.
(d) Within 45 days after the filing of the boundary description
and map with the State Lands Commission, the State Lands Commission
shall make a determination of the proper offshore or submerged lands
boundaries. That determination shall be final and conclusive. If the
State Lands Commission does not make the determination within that
time, the proposed offshore or submerged lands boundaries shall be
deemed approved.
(e) The State Lands Commission shall report its determination to
the executive officer and to each affected city, affected county,
affected district, or person, if any, that has filed the boundary
description and map. Thereafter, filings and action may be taken
pursuant to this part.
(f) The local agency formation commission may review and make
determinations as to all portions of the boundaries, other than those
offshore or submerged lands boundaries.
(g) "Submerged lands," as used in this section, includes, but is
not limited to, lands underlying navigable waters which are in
sovereign ownership of the state whether or not those waters are
subject to tidal influences.
56741. Territory may not be annexed to a city unless it is located
in the same county. Unless otherwise provided in this division,
territory may not be annexed to a city unless it is contiguous to the
city at the time the proposal is initiated pursuant to this part.
Territory incorporated as a city shall be located within one county
and, except as otherwise provided in Section 56742, shall be
contiguous with all other territory being incorporated as a city.
56742. (a) Notwithstanding Section 56741, upon approval of the
commission a city may annex noncontiguous territory not exceeding 300
acres if the territory meets all of the following requirements:
(1) It is located in the same county as that in which the city is
situated.
(2) It is owned by the city.
(3) It is used for municipal purposes at the time commission
proceedings are initiated.
(b) Territory which is used by a city for the reclamation,
disposal, and storage of treated wastewater may be annexed to the
city pursuant to this section without limitation as to the size of
the territory.
(c) If territory is annexed pursuant to this section, the annexing
city may not annex any territory not owned by the city, not used for
municipal purposes, and not contiguous to the city, although the
territory is contiguous to the territory annexed pursuant to this
section.
(d) Notwithstanding any other provision of this section, a city
which annexes territory pursuant to this section may annex additional
territory in the same county as that in which the city is situated
which is owned by the United States government or the State of
California and which is contiguous to the first annexed territory if
the total acreage of the first annexed and the subsequently annexed
territory together does not exceed 300 acres in area. If after the
completion of the subsequent annexation, the city sells any or all of
the first annexed territory, the subsequently annexed territory
shall cease to be part of the city if the subsequently annexed
territory is no longer contiguous to territory owned by the city.
(e) When any or all of the territory annexed to a city pursuant to
this section is sold by the city, all of the territory that is no
longer owned by the city shall cease to be a part of that city.
(f) A city may lease territory annexed pursuant to this section
for any of the purposes authorized pursuant to Sections 37380 to
37396, inclusive, as well as enter into leases for the construction
and operation of electrical generation, transmission, and
distribution. If, however, a city enters into a lease on and after
April 24, 2002, pursuant to Section 37395, 37396, or any other
provision of law, that would authorize the development of a shopping
center, hotel, motel, or lodging house on territory annexed pursuant
to this section, the affected territory shall cease to be a part of
the city.
(g) When territory ceases to be part of a city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment. The resolution shall describe the detached
territory and shall be accompanied by a map indicating the
territory. Immediately upon adoption of the resolution, the city
clerk shall make any filing required by Chapter 8 (commencing with
Section 57200) of Part 4.
(h) If territory annexed to a city pursuant to this section
becomes contiguous to the city, the limitations imposed by this
section shall cease to apply.
56742.5. (a) Notwithstanding Section 56741, upon approval of the
commission any city may annex noncontiguous territory which
constitutes a state correctional facility or a state correctional
training facility. If, after the completion of the annexation, the
State of California sells that territory or any part thereof, all of
the territory which is no longer owned by the state shall cease to be
a part of the city which annexed the territory.
(b) If territory is annexed pursuant to this section, the city may
not annex any territory not owned by the State of California and not
contiguous to the city although that territory is contiguous to the
territory annexed pursuant to this section.
(c) When territory ceases to be part of the city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment of that territory from the city. The
resolution shall describe the detached territory and shall be
accompanied by a map indicating the territory. Immediately upon
adoption of the resolution, the city clerk shall make any filing
provided for by Chapter 8 (commencing with Section 57200) of Part 4
of Division 3.
(d) If territory annexed pursuant to this section becomes
contiguous to the city, the limitations imposed by this section shall
cease to apply.
(e) A city may enter into an agreement with any other city under
which the city apportions any increase in state subventions resulting
from the annexation of territory pursuant to this section.
56743. (a) Notwithstanding Section 56741, upon approval of the
commission a city may annex noncontiguous territory not exceeding
3,100 acres in area, which is located in the same county as that in
which the city is situated, and which is owned by the city and is
being used for municipal water purposes, wildlife habitat, or
sustainable forestry that is subject to an adopted city forest
management plan at the time preliminary proceedings are initiated
pursuant to this part. If, after the completion of the annexation,
the city sells that territory or any part thereof, all of that
territory that is no longer owned by the city shall cease to be a
part of the city.
(b) If territory is annexed pursuant to this section, the annexing
city may not annex any territory not owned by it and not contiguous
to it although that territory is contiguous to the territory annexed
pursuant to this section.
(c) When territory ceases to be part of a city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment of that territory from the city. The
resolution shall describe the detached territory and shall be
accompanied by a map indicating the territory. Immediately upon
adoption of the resolution, the city clerk shall make any filing
provided for by Chapter 8 (commencing with Section 57200) of Part 4.
(d) If territory annexed to a city pursuant to this section
becomes contiguous to the city, the limitations imposed by this
section shall cease to apply.
(e) If territory is annexed pursuant to this section, it shall be
used only for municipal water purposes, wildlife habitat, or
sustainable forestry that is subject to an adopted city forest
management plan. The city may, however, enter into agreements to
lease the land for timber production or grazing by animals. If the
territory is used by the city for any other purpose at any time, it
shall cease to be a part of the city.
(f) This section applies only to the City of Willits and the City
of Arcata.
56744. Unless otherwise determined by the commission pursuant to
subdivision (m) of Section 56375, territory shall not be incorporated
into, or annexed to, a city pursuant to this division if, as a
result of that incorporation or annexation, unincorporated territory
is completely surrounded by that city or by territory of that city on
one or more sides and the Pacific Ocean on the remaining sides.
56747. (a) Notwithstanding Section 56031, unincorporated territory
consisting of property abutting on a street, highway, or road, and
the street, highway, or road, to the extent that it abuts that
property, together with the road strip may be annexed to a city
pursuant to this division under the following conditions:
(1) The annexation may be made only if the property to be annexed
is within the sphere of influence of the annexing city, as adopted by
the commission, and lies within an unincorporated area wholly
surrounded by the annexing city or the annexing city and the county
line or the annexing city and the Pacific Ocean or the annexing city
and a boundary of another city.
(2) The property to be annexed shall not be annexed if the
distance between the boundary of the annexing city and the point
closest to the annexing city at which the road strip connects with
the abutting property, as measured by the road strip, is more than
one-half mile.
(b) Subsequent annexations to the road strip and abutting
territory shall not be made unless both of the following conditions
are met:
(1) The distance between the point at which the original road
strip abuts the boundary of the annexing city and the point closest
to the city at which the road strip connects with the abutting
property to be annexed, as measured by the road strip, is one-half
mile or less.
(2) The annexation is contiguous to the road strip.
(c) As used in this section:
(1) "Property to be annexed" means the property abutting on a
street, highway, or road, and the street, highway, or road, to the
extent it abuts the property.
(2) "Road strip" means the street, highway, or road which connects
the territory of the property to be annexed to the annexing city.
(d) This section applies only to the City of Cupertino.
56749. (a) The commission shall not approve or conditionally
approve a change of organization or reorganization that would result
in the annexation to a city of territory that is within a farmland
security zone created pursuant to Article 7 (commencing with Section
51296) of Chapter 7 of Division 1 if that city provides or would
provide facilities or services related to sewers, nonagricultural
water, or streets and roads, unless the facilities or services
provided by the city benefit land uses that are allowed under a
farmland security zone contract and the landowner consents to the
change of organization or reorganization. However, this subdivision
shall not apply under any of the following circumstances:
(1) If the farmland security zone is located within a designated,
delineated area that has been approved by the voters as a limit for
existing and future urban facilities, utilities, and services.
(2) If annexation of a parcel or a portion of a parcel is
necessary for the location of a public improvement, as defined in
Section 51290.5, except as provided in subdivision (f) or (g) of
Section 51296.
(3) If the landowner consents to the annexation.
(b) This section shall not apply during the three-year period
preceding the termination of a farmland security zone contract under
Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of
Division 1.
56750. Notwithstanding Sections 56300 and 56301, the commission
shall not disapprove a change of organization or reorganization where
the reason for disapproval is that the farmland security zone is
excluded from the affected territory.
56751. (a) Upon receipt by the commission of a proposed change of
organization or reorganization, except a special reorganization, that
includes the detachment of territory from any city, the executive
officer shall place the proposal on the agenda for the next
commission meeting for information purposes only and shall transmit a
copy of the proposal to any city from which the detachment of
territory is requested.
(b) No later than 60 days after the date that the proposal is on
the commission's meeting agenda in accordance with subdivision (a), a
city from which the detachment of territory is proposed may adopt
and transmit to the commission a resolution requesting termination of
the proceedings.
(c) If the city from which the detachment of territory is proposed
has adopted and transmitted to the commission a resolution
requesting termination of proceedings within the time period
prescribed by this section, then the commission shall terminate the
proceedings upon receipt of the resolution from the city.
(d) This section shall not apply if the city from which the
detachment of territory is proposed has adopted and transmitted to
the commission a resolution supporting the proposed change of
organization or reorganization.
56752. If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), then the resolution shall state whether the city shall succeed
to the contract pursuant to Section 51243 or whether the city intends
to exercise its option to not succeed to the contract pursuant to
Section 51243.5.
56753. The executive officer shall give mailed notice of any
hearing by the commission, as provided in Sections 56155 to 56157,
inclusive, by mailing notice of the hearing to the Director of
Conservation if the proposal would result in the annexation to a city
of land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1).
56753.5. Within 10 days after receiving a proposal that would
result in the annexation to a city of land that is subject to a
contract executed pursuant to the Williamson Act (Chapter 7
(commencing with Section 51200) of Division 1), the executive officer
shall notify the Director of Conservation of the proposal. The
notice shall include the contract number, the date of the contract's
execution, and a copy of any protest that the city had filed pursuant
to Section 51243.5.
56754. If a change of organization or reorganization would result
in the annexation to a city of land that is subject to a contract
executed pursuant to the Williamson Act (Chapter 7 (commencing with
Section 51200) of Division 1), the commission, based on substantial
evidence in the record, shall determine one of the following:
(a) That the city shall succeed to the rights, duties, and powers
of the county pursuant to Section 51243, or
(b) That the city may exercise its option to not succeed to the
rights, duties, and powers of the county pursuant to Section 51243.5.
56755. Prior to submitting a resolution of application for the
annexation of territory described in Section 56375.3 to the
commission, the legislative body adopting the resolution shall
conduct a public hearing on the resolution. Notice of the hearing
shall be published pursuant to Sections 56153 and 56154. At the
hearing, any landowner shall be given an opportunity to present his
or her views on the resolution.
56756. The clerk of the legislative body adopting a resolution of
application shall file a certified copy of that resolution with the
executive officer.
56757. (a) The commission shall not review a reorganization that
includes an annexation to any city in Santa Clara County of
unincorporated territory that is within the urban service area of the
city if the reorganization is initiated by resolution of the
legislative body of the city.
(b) The city council shall be the conducting authority for the
reorganization and the proceedings for the reorganization shall be
initiated and conducted as nearly as may be practicable in accordance
with Part 4 (commencing with Section 57000).
(c) The city council, in adopting the resolution approving the
reorganization, shall make all of the following findings:
(1) That the unincorporated territory is within the urban service
area of the city as adopted by the commission.
(2) That the county surveyor has determined the boundaries of the
proposal to be definite and certain, and in compliance with the road
annexation policies of the commission. The city shall reimburse the
county for the actual costs incurred by the county surveyor in making
this determination.
(3) That the proposal does not split lines of assessment or
ownership.
(4) That the proposal does not create islands or areas in which it
would be difficult to provide municipal services.
(5) That the proposal is consistent with the adopted general plan
of the city.
(6) That the territory is contiguous to existing city limits.
(7) That the city has complied with all conditions imposed by the
commission for inclusion of the territory in the urban service area
of the city.
(d) All reorganizations which involve territory for which the land
use designation in the general plan of the city has changed from the
time that the urban service area of the city was last adopted by the
commission, and which are processed by a city pursuant to this
section shall be subject to an appeal to the commission upon
submission of a petition of appeal, signed by at least 50 registered
voters in the county.
(e) An appeal to the commission may also be made by submission of
a resolution of appeal adopted by the legislative body of a special
district solely for the purpose of determining whether some or all of
the territory contained in the reorganization proposal should also
be annexed or detached from that special district.
(f) Any petition submitted under subdivision (d) or resolution
submitted under subdivision (e) shall be submitted to the executive
officer within 15 days of the adoption by the city council of the
resolution approving the annexation. The executive officer shall
schedule the hearing for the next regular meeting of the commission
as is practicable. The commission may set a reasonable appeal fee.
56759. In any order approving a proposal subject to an election for
an annexation or a reorganization that includes annexation of
inhabited territory to a city when the assessed value of land within
that territory proposed to be annexed equals one-half, or more, of
that within the city, as shown by the last equalized assessment
rolls, or the number of registered voters of the territory equals
one-half, or more, of the number of registered voters within the
city, as shown by the county register of voters, the commission shall
require that an election called upon the question of confirming the
annexation or reorganization shall also be called, held, and
conducted within the territory of the city to which territory is
proposed to be annexed.
