Section 56740 Of Article 3. Annexation And Other Changes Of Organization From California Government Code >> Division 3. >> Title 5. >> Part 3. >> Chapter 3. >> Article 3.
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.