Section 56742 Of Article 3. Annexation And Other Changes Of Organization From California Government Code >> Division 3. >> Title 5. >> Part 3. >> Chapter 3. >> Article 3.
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.