This chapter is intended to establish uniform and consistent procedures for the administration of the City's boundary change program, including annexations, detachments, and reorganizations, and to identify the responsibilities of individuals, City agencies, and review bodies.
(Prior code § 16-720.010)
Changes in the boundaries and organization of cities within the State are governed by the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (Government Code Section 56000 et seq.).
(Prior code § 16-720.020)
The review authorities for a boundary change and their role for each step are identified in Table 7-1 (Review Authorities).
TABLE 7-1
REVIEW AUTHORITIES FOR BOUNDARY CHANGES
Action
DRC
Commission
Council
LAFCO
Prezoning
——
Recommendation
Decision
——
Annexation/Detachment/ Reorganization and City Services Plan
Recommendation
——
Authorize Filing
Decision
Public Hearing (Protest Hearing)
——
——
Conducting Authority
Election
——
——
Conducting Authority
(Prior code § 16-720.040)
Annexation, detachment, and reorganization proceedings with LAFCO may be initiated in the following manner:
A. 
Council. A resolution authorizing the filing of an annexation with LAFCO, with the consent of the property owners, by the Council on behalf of the property owners (Government Code Section 56654); or
B. 
Petition. An application submitted by petition directly to LAFCO (Government Code Section 56700).
(Prior code § 16-720.050)
Any annexation to the City shall meet the following criteria:
A. 
Before consideration for annexation:
1. 
The proposed annexation site shall:
a. 
Be located within, or will be within, an urban service area boundary;
b. 
Conform to the existing General Plan diagram and General Plan policies or concurrently have an application pending for a General Plan amendment; and
c. 
Be prezoned, or the applicant shall have applied for prezoning.
2. 
The owner(s)/applicant(s) shall:
a. 
Have signed the City's annexation memorandum of understanding (MOU);
b. 
Have a specific project identified and have related discretionary applications filed (in the form of a tentative map, development agreement, or similar approval); and
c. 
Diligently pursue the project and provide annual status reports to the Director.
B. 
The proposed annexation site:
1. 
Cannot create any unincorporated islands within the City;
2. 
Cannot encroach into the "Primary Zone" of the San Joaquin/Sacramento Delta as identified on the "Delta Protection Act of 1992 Map of Zones," unless it meets the requirements of State law for the "Primary Zone"; and
3. 
Shall not be under Williamson Act contract at the time of annexation or a notice of nonrenewal shall have been filed and recorded before the application for annexation is filed.
C. 
Priorities. The Council shall consider and authorize the filing of an annexation request with the Local Agency Formation Commission (LAFCO) in compliance with, and based upon, the following priorities:
1. 
The proposed annexation site shall be considered and recommended for LAFCO approval using the following descending order of priorities:
a. 
County islands surrounded by existing City boundaries.
b. 
County peninsulas bordered by existing City boundaries.
c. 
Developed County land, which is adjacent to existing City limits.
d. 
Vacant County land, which is adjacent to existing City limits, proposed for the uses in the following order:
i. 
Commercial;
ii. 
Industrial;
iii. 
Institutional;
iv. 
Parks/open space;
v. 
High-density residential; or
vi. 
Low- and medium-density residential.
2. 
The property should be considered for annexation in the following order of preference:
a. 
Nonagricultural land (non-prime land which is not under agricultural use);
b. 
Non-prime agricultural land under agricultural use;
c. 
Agricultural land of Statewide importance; or
d. 
Prime agricultural land.
D. 
Fiscal Impact Analysis. A fiscal impact analysis shall be required for all projects except:
1. 
Projects of less than 100 acres; and
2. 
Low- and very-low income housing projects.
E. 
Tentative Maps. A tentative map approved on property located in the County shall be subject to annexation within two years of approval or the map shall no longer be valid.
(Prior code § 16-720.060; Ord. 023-07 C.S. § 129)
If the City initiates the annexation proceedings with LAFCO, the following process shall be followed in order to secure annexation to the City:
A. 
Submittal. Annexation requests shall be submitted to the Director with the appropriate documentation required in the annexation packet, including a petition signed by the property owner(s), a signed annexation memorandum of understanding (MOU), and applicable fees;
B. 
Concurrent Applications. Where possible, annexation requests shall be processed concurrently with project applications;
C. 
Prezoning. The property subject to the annexation shall be prezoned before the annexation;
D. 
City Services Plan and Cost/Benefit Analysis. A City services plan and a cost/benefit analysis shall be prepared by staff or an independent contractor;
E. 
Agricultural Conversion Statement. If applicable, an agricultural conversion statement, including a vacant residential land inventory and build-out rate, shall be prepared by staff or an independent contractor;
F. 
Environmental Consideration. The annexation request shall be subject to the requirements of CEQA;
G. 
Development Review Committee (DRC). The DRC shall:
1. 
Evaluate:
a. 
The City services plan and the cost/benefit analysis, and
b. 
The annexation proposal, and
2. 
Forward a written recommendation to the City Council;
H. 
Council. The Council shall determine whether the City should file the annexation request with LAFCO.
1. 
Council Resolution. To file the annexation request, the Council shall approve a resolution authorizing the filing of an annexation,
2. 
Findings. The Council, in adopting the resolution to file the annexation, shall make all of the following findings of fact:
a. 
The unincorporated property is within, or will be within, the urban services area of the City,
b. 
The property has been prezoned with City of Stockton zoning designations,
c. 
The proposal is contiguous to existing City limits,
d. 
The proposal does not split lines of assessment or ownership,
e. 
The proposal does not create islands or areas in which it would be difficult to provide City services, and
f. 
The proposal is consistent with the land uses, objectives, policies, and programs of the General Plan; any applicable specific plan, precise road plan, or master development Plan; and other adopted goals and policies of the City;
I. 
Submittal to LAFCO. Upon Council approval to file, the Director shall file the annexation proposal with LAFCO, including the justification of proposal, the Council's resolution, the City services plan, environmental documents, legal description, and map;
J. 
Public Hearings. Public hearings before LAFCO shall be conducted in compliance with State law (Government Code Section 57000 et seq.);
K. 
Notifications. After an annexation is ordered, notifications of the annexation shall be sent to all affected property owners and appropriate departments and agencies.
(Prior code § 16-720.070; Ord. 2020-06-09-1501 C.S. § 34)
If the City initiates a detachment and/or reorganization proceeding separate from an annexation request with LAFCO, the same procedure as that for annexation shall be followed, except that the Council shall first make all the following findings of fact in a positive manner:
A. 
The proposal is contiguous to existing County boundaries or other jurisdiction(s) party to the detachment or reorganization;
B. 
The County Surveyor has determined that the boundaries of the proposal are definite and certain;
C. 
The proposal does not split lines of assessment or ownership;
D. 
The proposal does not create islands or areas in which it would be difficult to provide appropriate services; and
E. 
The proposal is consistent with the land uses, objectives, policies, and programs of the General Plan, any applicable specific plan or master development plan, and other adopted goals and policies of the City and other applicable jurisdiction(s).
(Prior code § 16-720.080)