BILL NUMBER: SB 1266	CHAPTERED  07/06/04

	CHAPTER  96
	FILED WITH SECRETARY OF STATE  JULY 6, 2004
	APPROVED BY GOVERNOR  JULY 5, 2004
	PASSED THE ASSEMBLY  JUNE 17, 2004
	PASSED THE SENATE  MAY 18, 2004
	AMENDED IN SENATE  MAY 10, 2004
	AMENDED IN SENATE  APRIL 29, 2004
	AMENDED IN SENATE  APRIL 15, 2004
	AMENDED IN SENATE  APRIL 12, 2004

INTRODUCED BY   Senator Torlakson
   (Coauthor:  Assembly Member Maze)

                        FEBRUARY 13, 2004

   An act to amend Section 56375.3 of the Government Code, relating
to annexation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1266, Torlakson.  Annexation.
   Existing law requires the local agency formation commission in
each county to approve island annexations of unincorporated areas to
cities that meet certain requirements.  One of those requirements is
that if it does not exceed 75 acres in area, that area constitutes
the entire island, and that island does not constitute a part of an
unincorporated area that is more than 100 acres in area.
   This bill would change the 75-acre requirement to 150 acres and
delete the restriction that the island does not constitute a part of
an unincorporated territory that is more than 100 acres in area.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 56375.3 of the Government Code is amended to
read:
   56375.3.  (a) In addition to those powers enumerated in Section
56375, a commission shall do either of the following:
   (1) Approve, after notice and hearing, the annexation to a city,
and waive protest proceedings pursuant to Part 4 (commencing with
Section 57000) entirely, if all of the following are true:
   (A) The annexation is initiated on or after January 1, 2000, and
before January 1, 2007.
   (B) The annexation is proposed by resolution adopted by the
affected city.
   (C) The commission finds that the territory contained in the
annexation proposal meets all of the requirements set forth in
subdivision (b).
   (2) Approve, after notice and hearing, the annexation to a city,
subject to subdivision (a) of Section 57080, if all of the following
are true:
   (A) The annexation is initiated on or after January 1, 2007.
   (B) The annexation is proposed by resolution adopted by the
affected city.
   (C) The commission finds that the territory contained in the
annexation proposal meets all of the requirements set forth in
subdivision (b).
   (b) Subdivision (a) applies to territory that meets all of the
following requirements:
   (1) It does not exceed 150 acres in area, and that area
constitutes the entire island.
   (2) The territory constitutes an entire unincorporated island
located within the limits of a city, or constitutes a reorganization
containing a number of individual unincorporated islands.
   (3) It is surrounded in either of the following ways:
   (A) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary or the
Pacific Ocean.
   (B) Surrounded by the city to which annexation is proposed and
adjacent cities.
   (C) This subdivision shall not be construed to apply to any
unincorporated island within a city that is a gated community where
services are currently provided by a community services district.
   (D) Notwithstanding any other provision of law, at the option of
either the city or the county, a separate property tax transfer
agreement may be agreed to between a city and a county pursuant to
Section 99 of the Revenue and Taxation Code regarding an annexation
subject to this subdivision without affecting any existing master tax
sharing agreement between the city and county.
   (4) It is substantially developed or developing.  The finding
required by this subparagraph shall be based upon one or more
factors, including, but not limited to, any of the following factors:

   (A) The availability of public utility services.
   (B) The presence of public improvements.
   (C) The presence of physical improvements upon the parcel or
parcels within the area.
   (5) It is not prime agricultural land, as defined by Section
56064.
   (6) It will benefit from the annexation or is receiving benefits
from the annexing city.
   (c) Notwithstanding any other provision of this subdivision, this
subdivision shall not apply to all or any part of that portion of the
development project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code that as of January 1, 2000,
meets all of the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.