San Jose Municipal Code Part 4 Prezoning and Annexation

A. As used in this section, "prezoning ordinance" means an ordinance which zones or rezones unincorporated territory adjoining the city into one or more city zoning districts. "Prezoned territory" means unincorporated territory adjoining the city which is zoned or rezoned into one or more city zoning districts by a prezoning ordinance.

B. The city zoning provided in a prezoning ordinance shall not become effective unless and until the prezoned territory covered by such prezoning ordinance becomes annexed to the city. At any time before prezoned territory becomes annexed to the city:

1. the city zoning thereof may be changed by a subsequent prezoning ordinance; or

2. all city zoning may be removed therefrom by a subsequent ordinance.

C. Proceedings for the adoption of a prezoning ordinance shall be subject to the procedures set forth in Part 1 of this Chapter 20.120.

D. Unless it shall have been otherwise zoned pursuant to Section 20.120.320 during pendency of the proceedings annexing it to the city, when prezoned territory or territory covered by a prezoning ordinance becomes annexed to the city, it shall, immediately upon its annexation to the city, or upon the effective date of the prezoning ordinance, whichever occurs last, without further action or proceedings, be deemed to be zoned in the city as provided in the prezoning ordinance covering such territory, and the zoning district map of the city shall, without further action or proceedings, be amended to show that such territory is zoned in the city as provided in such prezoning ordinance. After prezoned territory becomes annexed to the city, the zoning thereof shall be subject to change, and may be changed, to the same extent and in the same manner as the zoning of all property in the city is subject to change and may be changed.

(Ord. 26248.)

Unless the property shall have been otherwise zoned pursuant to the provisions of Sections 20.120.300 and 20.120.320, all unincorporated territory which, at the time of its annexation to the city, is zoned by the County of Santa Clara, under and pursuant to Title 12 of said county's ordinance code, as amended, as an "A-Exclusive Agricultural Zoning District" or an "A-1 Residential and Agricultural Zoning District" shall, immediately upon its annexation to the city, without further action or proceedings, be deemed to be and the same shall be zoned in the city as an A agricultural district, and the zoning district map of the city shall, without further action or proceedings, be amended to show that such territory is zoned in the city as an A agricultural district.

(Ord. 26248.)

At any time during pendency of proceedings to annex territory to the city, the city council may, whenever it finds that it is necessary to do so for the immediate preservation of the public peace, health, and safety, adopt as an urgency ordinance, effective immediately upon adoption, an ordinance which without further action or proceedings, zones such territory immediately upon its annexation to the city.

(Ord. 26248.)