Section 56757 Of Article 3. Annexation And Other Changes Of Organization From California Government Code >> Division 3. >> Title 5. >> Part 3. >> Chapter 3. >> Article 3.
56757
. (a) The commission shall not review an annexation or a
reorganization proposal 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 annexation or reorganization
proposal is initiated by resolution of the legislative body of the
city.
(b) The city council shall be the conducting authority for the
annexation or reorganization proposal and the proceedings for the
annexation or reorganization proposal 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
annexation or reorganization proposal, 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 annexations or 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 annexation or 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.