City of San Jose Planning: Island Annexations

Annexation of an area into a city normally involves two basic steps – pre-zoning and annexation – each with its own separate public hearings. A property undergoing annexation must be on the agenda at a minimum of two (but usually three – see Pre-zoning below) City Council hearings as part of this process. One or more community meetings may also be held as part of this process.

Step 1: Pre-zoning
Pre-zoning is the process of applying a City zoning designation to the unincorporated land prior to its annexation. The zoning designation determines such things as:

City planners analyze the existing uses on the affected and surrounding properties and the corresponding General Plan zoning designation, and then recommend a zoning designation for the area. The City Council, which has final decision-making authority, then holds two public hearings. In some cases, the Planning Commission also may hold a public hearing and make a recommendation to the City Council. Public testimony is welcome at the Planning Commission hearing and the first City Council hearing. Generally, the second City Council hearing, or “second reading” for a pre-zoning ordinance, is not open for public testimony. The City sends a notice of these hearings to residents and property owners located in and within 300 feet of the affected area. County zoning regulations remain in effect until the annexation process is fully completed.

For pockets currently zoned “A – Exclusive Agricultural Zoning District” or “A-1 Residential and Agricultural Zoning District” in the County, staff can recommend that the land be automatically zoned A Agricultural Zoning District upon annexation to the City of San José without a prezoning hearing, in accordance with Section 20.120.310 of the Zoning Ordinance.

Step 2: Annexation
Annexation is the process of bringing a property into the City limits and results in the City assuming responsibility to provide services. In addition to the pre-zoning public hearing(s) mentioned above, the City Council holds two separate public hearings on the annexation proposal. The first City Council hearing is used to “initiate” the annexation and the second hearing is used to “order” the annexation. Public testimony is welcome at both hearings. The City sends a notice of these hearings to residents and property owners located in and within 300 feet of the affected area. The ordering hearing occurs no sooner than 45 days after the hearing for the pre-zoning.

	Action	The City will:	Community members can:
1	Proposed annexation area identified by City staff. (City Council adopted list of island and schedule on 8-8-06)	Post annexation information on the website Send an early notification letter to affected property owners	Contact City staff to get questions answered
2	Land use analysis; zoning designation	Visit the site; identify existing land uses at the site and on surrounding properties; develop a recommended City zoning designation	Contact City staff to get questions answered
3	Community meeting (Held for larger areas or groups of smaller areas, approximately 60 days in advance of first City Council hearing)	Send notices for community meeting to property owner(s) and neighborhood Conduct community meeting	Attend a community meeting
4	Schedule hearing dates (Hearing notices sent a minimum of 2 weeks prior to hearings)	Send public hearing notices to all property residents and owners in and within 300 feet of area to be annexed	Contact City staff to get questions answered
5	Planning Commission Hearing* on Prezoning (1-3 weeks prior to first City Council Hearing (if needed))	Planning Commission conducts a public hearing and makes a recommendation to the City Council based on Staff Report and public testimony	Attend hearing and give public testimony. Submit written comments to Planning Director, two weeks prior to hearing
6	City Council Hearing on Prezoning** (2 weeks prior to initiation of Annexation)	City Council conducts public hearing and makes a decision on the appropriate City Zoning district to apply to properties upon annexation to the City	Attend hearing and give public testimony Submit written comments to City Council and/or Planning Director, three weeks prior to hearing
7	City Council Hearing to initiate Annexation (4-6 weeks prior to ordering of annexation)	City Council initiates annexation (on consent calendar) and sets hearing date for public hearing on annexation	Attend hearing and give public testimony
8	City Council Hearing to order (adopt) Annexation	City Council conducts public hearing and votes to adopt or deny annexation to the City of San Jose	Attend hearing and give public testimony Submit written comments to Planning Director, three weeks prior to hearing

* Planning Commission hearings are conducted for the Prezoning only (not annexation) when the proposed zoning district does not conform with the General Plan in accordance with section 20.120.100 of the Zoning Ordinance.
** If staff recommends automatically zoning a-Agricultural for qualifying pockets, no prezoning hearing is necessary.