< Chapter 1

Table of Contents

Chapter 3 >

CHAPTER II. — CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZAITON ACT OF 2000

A. GENERAL PROVISIONS

Mendocino LAFCO primarily operates under the rules and requirements of the Cortese-Knox-Hertzberg Local Government Act of 2000. This Act is commonly referred to as C-K-H or AB 2838. This Act is found in the Government Code beginning with Section 56000. However, this part of the Government Code does not comprise all of the requirements of law that LAFCO must meet. Other elements of the law such as the Public Resources Code, Guidelines to California Environmental Quality Act (CEQA), Revenues and Taxation Code, Election Code, Brown Act, case decisions, state and local policies and the policies and procedures of LAFCO also affect the decision making responsibilities of LAFCO. However, the primary controlling authority for LAFCO is the Government Code beginning with Section 56000 and LAFCO’s policies and procedures, which implement the law as required by Section 56300.

Unless otherwise noted, all section listings are for the Government Code. The summaries of the applicable statutes set forth in these policies and procedures are intended to serve as general information only. Please consult the appropriate code sections for a complete reading.

B. STATUTORY AUTHORITY AND PURPOSE OF POLICY AND PROCEDURES

Section 56300(a) of the Cortese-Knox-Hertzberg Local Government Reorganization Act requires each LAFCO to establish written policies and procedures and to exercise its powers pursuant to the authority given by C-K-H consistent with those policies and procedures. Such policy and procedures are to encourage and provide for planned, well-ordered, efficient urban development patterns with appropriate consideration for preserving open-space lands within those patterns. Section 56375(a) requires LAFCO’s action on changes of organization or reorganization to be consistent with its written policies and procedures and guidelines established by the Commission.

The purpose of these written policy and procedures is to establish how the requirements of the Cortese-Knox-Hertzberg Act will be implemented and applied by the Local Agency Formation Commission of Mendocino County, hereinafter referred to as “LAFCO”, “Commission” or “Mendocino LAFCO”.

C. LEGISLATIVE FINDINGS AND DECLARATIONS

In approving C-K-H the legislature provided some overriding policies and declarations that are to guide LAFCO Commissioners in their decision making and are to guide the Executive Officer in making recommendations to the Commission on a particular proposal. Following is the Legislature’s statement of policies and declarations as provided in Section 56001:

1. The Legislature finds and declares that it is the policy of the state to encourage orderly growth and development, which are essential to the social, fiscal, and economic well being of the state. The Legislature recognizes that the logical formation and determination of local agency boundaries is an important factor in promoting orderly development and in balancing such development with sometimes competing state interests of discouraging urban sprawl, preserving open space and prime agricultural lands, and efficiently extending government services.

2. The Legislature also recognizes that providing housing for persons and families of all incomes is an important factor in promoting orderly development. Therefore, the Legislature further finds and declares that this policy should be effected by the logical formation and modification of the boundaries of local agencies, with a preference granted to accommodating additional growth within, or through the expansion of, the boundaries of those local agencies which can best accommodate and provide necessary governmental services and housing for persons and families of all incomes in the most efficient manner feasible.

3. The Legislature recognizes that urban population densities and intensive residential, commercial, and industrial development necessitate a broad spectrum and high level of community services and controls. The Legislature also recognizes that when areas become urbanized to the extent that they need the full range of community services, priorities are required to be established regarding the types and levels of service that the residents of an urban community need and desire; that community service priorities need to be established by weighing the total community service needs against the total financial resources available for securing community services; and that those community service priorities are required to reflect local circumstances, conditions, and limited financial resources.

4. The Legislature finds and declares that a single multi-purpose governmental agency is accountable for community service needs and financial resources and, therefore, may be the best mechanism for establishing community service priorities, especially in urban areas. Notwithstanding, the Legislature recognizes the critical role of many limited-purpose agencies, especially in rural communities.

5. The Legislature also finds that, whether governmental services are proposed to be provided by a single-purpose agency, several agencies, or a multi-purpose agency, responsibility should be given to the agency or agencies that can best provide government services.

D. POLICIES ON GROWTH AND DEVELOPMENT

When making decisions on applications for boundary changes, Mendocino LAFCO will be guided by the particulars of the law regarding a proposal and the declared policies of the state regarding growth and development.

1. Mendocino LAFCO reiterates and emphasizes the requirements of State Government Code 56001, which are:

• Discourage urban sprawl and promote orderly development.
• Accommodate growth within the boundaries of agencies that can provide services.
• Extend government services efficiently.
• Promote collaboration of local officials in addressing regional growth issues.
• Preserve open space.
• Preserve agricultural and resource lands.
• Provide housing for people of all incomes.
• Give responsibility to the agency that can best provide governmental services.

 

2. The Executive Officer is directed to consider these policies in any recommendation that he or she may have for a proposal.

E. PREFERRED SERVICE PROVIDERS

1. The Legislature has found that a single multi-purpose government agency, rather than several limited-purpose agencies, is in many cases better able to assess and be accountable for community service needs and financial resources and is the best mechanism for establishing community service priorities. Under C-K-H, preference is to be granted to accommodating additional growth within, or through the expansion of, the boundaries of those local agencies which can best accommodate and provide necessary governmental services and housing for persons and families of all incomes in the most efficient manner feasible.[56001] Mendocino LAFCO declares that LAFCO shall consider, and approve, where appropriate and feasible, the provision of new or consolidated services in the following order of preference:

• Annexation to an existing city.
• Annexation to an existing multiple-purpose special district.
• Annexation to an existing single-purpose district.
• Consolidation of existing districts.
• Annexation to a subsidiary district or County Service Area of which the Board of Supervisors is the governing body.
• Incorporation of a new city.
• Formation of a new multiple-purpose district.
• Formation of a new County Service Area.
• Formation of a new single-purpose district

2. A petition for forming a special district for multipurpose services will be reviewed for purposes of forming a Community Services District (CSD).

3. A petition for forming a single-purpose district, generally within the boundaries of another special service district(s) which provides a different service, will be reviewed for the possibility of forming a Community Services District (CSD), consolidating the existing single-purpose district(s) and the proposed new district. If a CSD already generally exists within the boundaries of the proposed single-purpose district, the proposal will be reviewed for raising the latent powers of the CSD to provide the service of the proposed new single-purpose district.

F. LAFCO POWERS AND AUTHORITY

LAFCO of Mendocino County operates under the provisions of Cortese-Knox-Hertzberg. LAFCO is not part of the government structure of Mendocino County nor is LAFCO a state agency. This law provides for LAFCOs to be an independent agency.

1. Commissioners sit as independent members and are required by law to exercise their independent judgment on behalf of the interests of residents, property owners and the public of Mendocino County as a whole in furthering the requirements of LAFCO [56325.1]. Commissioners exercise responsibility while on LAFCO using a regional or countywide perspective in their decision making while relying on their own expertise and experience.

2. The law requires that each LAFCO coordinate logical and timely changes in local government boundaries, conduct special studies that review ways to reorganize, simplify and streamline governmental structures [56378], review spheres of influence [56425], and provide oversight of local agencies by reviewing the service provision abilities and capacities of the respective agencies [56430].

3. LAFCO is the boundary commission for cities and special districts within Mendocino County. LAFCO implements state law requirements and state and local policies relating to boundary changes for cities and special districts, including spheres of influence and changes of organizations. Changes of organization mean any of the following:

• A city incorporation
• A district formation
• An annexation to, or detachment from, a city or district
• A disincorporation of a city
• A district dissolution
• A consolidation of cities or special districts
• An authorization of a special district to exercise one of its latent powers or to extend the area over which a latent power is exercised or
• A reorganization involving two or more of the above listed changes or organization

4. While LAFCO provides oversight of local agency boundaries and provides review of local agency activities, the following government agencies are specifically excluded by law from LAFCO jurisdiction [56036]:

• The State The County except for County Service Areas A special assessment district
• An improvement district for assessment for special services as described by Section [56041]
• A community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982
• A permanent road division formed pursuant to Section 1160 of the Streets and Highways Code
• An air pollution control district or an air quality maintenance district;
• A service zone of a fire protection district;
• A unified or union high school library district;
• A bridge or highway district;
• A joint highway district;
• A transit or rapid transit district;
• A metropolitan water district;
• A separation of grade district.

G. LAFCO PURPOSE

Following is the purpose of LAFCO of Mendocino County generally based on requirements found in Section 56301 and other requirements of C-K-H:

1. It is the policy of LAFCO of Mendocino County to discourage urban sprawl, to preserve open space and prime agricultural and resource lands, to efficiently provide government services through encouraging the orderly formation and development of local agencies based upon local conditions and circumstances.

2. The objectives of the Commission are to make studies such as those required by Sections 56378, 56425, and 56430, to obtain and furnish information which will contribute to the logical and reasonable development of local agencies in Mendocino County and to shape the development of local agencies so as to advantageously provide for the present and future needs of Mendocino County and its communities.

3. When the formation of a new government entity is proposed, LAFCO of Mendocino County shall make a determination as to whether existing agencies can feasibly provide the needed service or services in a more efficient and accountable manner. If a new single-purpose agency is deemed necessary, the commission shall consider reorganization with other single-purpose agencies that provide related services.

4. The Executive Officer is directed to consider these policies and the need or requirement for studies as provide in Sections 56378, 56425 and 56430 in any recommendation he or she may have for an application submitted to LAFCO.

H. DEFINITION OF TERMS

This glossary presents a listing of key terms that are used in C-K-H, Mendocino County Local Agency Commission Policies and Procedures, Executive Officer reports or Commission proceedings. These definitions of terms used are taken from C-K-H, other documents (such as CEQA) and from the Policies and Procedures. Where the definition is taken from C-K-H the relevant section is cited. The definition of a word applies to any of that word's variants. [56010]

"Affected city" means any city, which satisfies either of the following conditions:

(a) It contains, or its sphere of influence contains, territory for which a change of organization is proposed or ordered either singularly or as part of reorganization.

(b) It would contain the territory described in subdivision (a) as a result of proceedings for a change of organization or reorganization taken pursuant to this division.[56011]

"Affected county" means each county which contains, or would contain, any territory for which a change of organization or reorganization is proposed or ordered, or which contains all or any part of a district for which a change of organization or reorganization is proposed or ordered with respect to territory outside that county. [56012]

"Affected district" means a special district, as defined by Section 56036, which contains, or whose sphere of influence contains, any territory for which a reorganization or a change of organization is proposed or ordered. [56013]

"Affected local agency" means any agency which contains, or would contain, or whose sphere of influence contains, any territory within any proposal or study to be reviewed by the commission. [56014]

"Affected population" means that person who inhabits a specific area that will be directly or indirectly be impacted by a specific action proposed for an affected territory.

"Affected territory" means any territory for which a change of organization or reorganization is proposed or ordered. [56015]

"Agricultural lands" means land currently used for the purpose of producing an agricultural commodity for commercial purposes, land left fallow under a crop rotational program, or land enrolled in an agricultural subsidy or set-aside program. [56016]

"Annexation" means the annexation, inclusion, attachment, or addition of territory to a city or district. [56017]

"Application" means material submitted to LAFCO that initiates a LAFCO review process.

"Area of Concern" means the geographical area beyond the Sphere of Influence of a local agency in which land use decisions or other governmental actions of the jurisdiction impact directly or indirectly upon the local agency, or which urbanization may be anticipated in the intermediate or long range planning horizons.

"Benefit district" means a district, containing lands which are, or will be, benefited by their inclusion within the district, the owners of those lands being entitled, under state or federal statutes, or the California Constitution or the United States Constitution, to notice by mail or personal service and hearing prior to the inclusion of the lands within the district. [56018]

"Board of directors" means the legislative body or governing board of a district. [56019]

"Board of supervisors" means the board of supervisors of a county. [56020]

"Buildout" means any legally developable parcel with improvements values at $2,500.00 or more, or buildout means any structure or development which qualifies for assessment by definition in the Revenues and Taxation Code, or buildout means a built up area with less than 25% of land vacant, or buildout means land developed at the maximum reasonably feasible density and with approved legal use.

"Categorical Exemption" means a provision within CEQA, which permits specified projects that have no potential impact on the environment to proceed and waives environmental review.

"CEQA" means the California Environmental Quality Act contained in Public Resources Code 21000 et seq.

"Certificate of completion" means the document prepared by the executive officer and recorded with the county recorder which confirms the final successful resolution of a change of organization or reorganization. [56020.5]

"Certificate of Filing" means a legal document confirming application material is complete and allowing LAFCO review process to begin upon issuance.

"Certificate of termination of proceedings" means the document prepared by the executive officer and retained by the commission that indicates that a proposal for a change of organization or reorganization was terminated because of majority written protest or rejection by voters in an election. [56020.7]

"Change of organization" means any of the following: [56021]

(a) A city incorporation

(b) A district formation

(c) An annexation to, or detachment from, a city or district.

(d) A disincorporation of a city

(e) A district dissolution

(f) A consolidation of cities or special districts

(g) A merger or establishment of a subsidiary district

"City" means any chartered or general law city, including any city the name of which includes the word "town." [56023]

"City council" means the city council or legislative body of a city. [56024]

"City officer" means the mayor or a member of the city council. [56025]

"Clerk" means the clerk or secretary of a county, city, or district, or the clerk or secretary of the legislative body of a county, city, or district. Where the office of county clerk is separate from the office of the clerk of the board of supervisors, "clerk" means the clerk of the board of supervisors. Where the office of county clerk is separate from the office of the registrar of voters, "clerk" means the registrar of voters with respect to all duties pertaining to the conduct of elections and the county clerk with respect to all other duties. [56026]

"Commission" means a local agency formation commission. [56027]

"Commission proceedings" means proceedings, which are taken by a commission pursuant to Part 3 (commencing with Section 56650). [56028]

“Conditional Approval” means approval given by LAFCO, which is subject to the completion of certain actions prior or subsequent to recordation.

"Conducting authority" means the Commission of the principal county of the entity proposing a change of organization or reorganization, unless another conducting authority is specified by law. [56029] Pursuant to a delegation of power from the Commission, the Executive Officer may also perform any function of the conducting authority 57000(c).

"Consolidation" means the uniting or joining of two or more cities located in the same county into a single, new, successor city, or two or more districts into a single, new, successor district. In the case of consolidation of special districts, all of those districts shall have been formed pursuant to the same principal act. [56030]

"Contiguous" (a) means both of the following: [56031]

(1) In the case of annexation, territory adjacent to, or territory adjoining territory within, the local agency to which annexation is proposed.

(2) In the case of consolidation, territory of a local agency or agencies which is adjacent to, or adjoining the territory of, the consolidating local agency or to the territory of another local agency which is contiguous to the consolidating local agency and to be consolidated with the consolidating local agency. (b) Territory is not contiguous if the only contiguity is based upon a strip of land more than 300-feet long and less than 200-feet wide, that width to be exclusive of highways.

"County officer" means a member of the board of supervisors. [56032]

"Detachment" means the detachment, deannexation, exclusion, deletion, or removal from a city or district of any portion of the territory of that city or district. [56033]

“Direct Costs” means those costs stemming immediately from and action or proposal before LAFCO.

"Disincorporation" means the disincorporation, dissolution, extinguishment, and termination of the existence of a city and the cessation of its corporate powers, except for the purpose of winding up the affairs of the city. [56034]

"Dissolution" means the dissolution, disincorporation, extinguishment, and termination of the existence of a district and the cessation of all its corporate powers, except for the purpose of winding up the affairs of the district. [56035]

(a) "District" or "Special District" means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. "District" or "special district" includes a county service area, but excludes all of the following: [56036]

• The State;
• The County except for County Service Areas;
• A community college district;
• A special assessment district;
• An improvement district;
• A community’s facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982;
• A permanent road division formed pursuant to Section 1160 of the Streets and Highways Code;
• An air pollution control district or an air quality maintenance district;
• A service zone of a fire protection district;
• A unified or union high school library district;
• A bridge or highway district;
• A joint highway district;
• A transit or rapid transit district;
• A metropolitan water district;
• A separation of grade district.

 

"District of limited powers" means an airport district, community services district, municipal utility district, public utilities district, fire protection district, harbor district, port district, recreational harbor district, small craft harbor district, resort improvement district, library district, local hospital district, local health district, municipal improvement district formed pursuant to any special act, municipal water district, police protection district, recreation and park district, garbage disposal district, garbage and refuse disposal district, sanitary district, county sanitation district, public cemetery district, California water district, county water district, county waterworks district, or irrigation district. [56037]

“Duplication of Services” means the result that occurs when more than one governmental agency provides the same service to a specific area.

"Elections official" shall have the same meaning as in Section 320 of the Elections Code. [56037.5]

“Environmental Impact Report” means a legal document produced according to CEQA regulations (Public Resources Code Sections 21000 et seq.) to identify adverse environmental impacts and propose mitigation and project alternatives as feasible.

“Environmental Review” means the process set forth in CEQA (Public Resources Code Sections 21000 et seq.), which involves an assessment of potential significant adverse impacts of an action.

"Executive officer" means the executive officer appointed by a commission. [56038]

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, legal, social, and technological factors. [56038.5]

“Forest Land” means lands, which are suited for and are appropriately retained for the growing, harvesting and production of timber and forest and timber-related products. The classification includes lands eligible to be zoned Timberland Production (TPZ), including lands which have the present or future potential for timber production, intermixed smaller parcels and other contiguous lands, the inclusion of which is necessary for the protection and efficient management of forest resource lands.

"Formation" means the formation, incorporation, organization, or creation of a district. [56039]

"Function" means any power granted by law to a local agency or a county to provide designated governmental or proprietary services or facilities for the use, benefit, or protection of persons or property. [56040]

“Grazing Land” means land on which the existing vegetation, whether grown naturally or through management, is suitable for grazing or browsing of livestock.

"Improvement district" means a district, area, or zone formed for the sole purpose of designating an area, which is to bear a special tax or assessment for an improvement benefiting that area. [56041]

"Include" except when used in relation to the inclusion of land, does not necessarily exclude matters not enumerated. [56042]

"Incorporation" means the incorporation, formation, creation, and establishment of a city with corporate powers. Any area proposed for incorporation as a new city shall have at least 500 registered voters residing within the affected area at the time commission proceedings are initiated.[ 56043]

"Independent Special District" includes any special district having a legislative body all of whose members are elected by registered voters or landowners within the district, or whose members are appointed to fixed terms, and excludes any special district having a legislative body consisting, in whole or in part, of ex officio members who are officers of a county or another local agency or who are appointees of those officers other than those who are appointed to fixed terms. "Independent special district" does not include any district excluded from the definition of district contained in Section 56036. [56044]

"Independent Special District Officer" means the presiding officer or a member of the legislative body of an independent special district. [56045]

“Indirect Costs” means those costs that are not identifiable with a specific activity, but which occur nonetheless.

“Infill” means the development of new housing or other buildings on scattered vacant sites in a built up area.

"Inhabited territory" means territory within which there reside 12 or more registered voters. The date on which the number of registered voters is determined is the date of the adoption of a resolution of application by the legislative body pursuant to Section 56654, if the legislative body has complied with subdivision (b) of that section, or the date a petition or other resolution of application is accepted for filing and a certificate of filing is issued by the executive officer. All other territory shall be deemed "uninhabited." [56046]

"Initiate" or "Initiation" means the acceptance for filing and the issuance of a certificate of filing by the executive officer. [56047]

“ Initial Study ” means the assessment of potential significant adverse impacts of a project.

"Interested agency" means each local agency, which provides facilities or services in the affected territory that a subject agency would provide. [56047.5]

“ Joint Powers Agreement ” means a separate legal entity resulting from an agreement between two or more public agencies to provide a united activity, operation or organization.

“ Landowner” or Owner of Land” means all of the following: [56048]

Any person shown as the owner of land on the most recent assessment roll being prepared by the county at the time the conducting authority adopts a resolution of application except where that person is no longer the owner. Where that person is no lon ger the owner, the landowner or owner of land is any person entitled to be shown as owner of land on the next assessment roll. [56048(a)(1)] Where land is subject to a recorded written agreement of sale, any person shown in the agreement as purchaser. [56048(a)(2)] Any public agency owning land. [56048(a)(3)] "Landowner" or "owner of land" does not include a public agency, which owns highways, rights-of-way, easements, waterways, or canals. [56048(b)] For the purpose of mailed notice provided pursuant to Section 56157, "landowner" or "owner of land" means each person to whom land is assessed, as shown upon the last equalized assessment roll of the county, at the address shown upon that assessment roll. [56048(c)]

"Landowner-voter" means any person entitled to vote in a landowner-voter district, or the legal representative of that person or, in the case of an election, the proxy of that person. [56049]

"Landowner-voter district" means a district whose principal act provides that owners of land within the district are entitled to vote upon the election of district officers, the incurring of bonded indebtedness, or any other district matter. [56050]

"Last equalized assessment roll" means the last equalized assessment roll or book used by a county, city, or district for the purpose of the annual levy and collection of any taxes or assessments imposed by the county, city, or district. This section does not require the use of the supplemental roll prepared pursuant to Chapter 3.5 (commencing with Section 75) of Part 0.5 of Division 1 of the Revenue and Taxation Code. [56051]

“Lead Agency” means the principal governmental body reviewing a project under CEQA.

"Legal representative" means an officer of a corporation duly authorized, by the bylaws or a resolution of the board of directors of the corporation, to sign for, and on behalf of, the corporation. Legal representative also includes a guardian, conservator, executor, administrator, or other person holding property in a trust capacity under appointment of a court, when authorized by an order of the court. The order of the court may be made without notice. [56052]

"Legislative body" means the legislative body or governing board of a city, special district, or county. [56053]

"Local agency" means a city, county, or district. [56054]

"Member district" means any district, which is included, in whole or in part, within another district, a metropolitan water district, or any of the entities enumerated in subdivision (c) of Section 56036, all or any part of the first-mentioned district being entitled, under the provisions of the principal act of the second-mentioned district or entity, to receive or be furnished with any governmental or proprietary service or commodity by the second-mentioned district or entity.

“Marginal Costs” means those additional costs incurred by an agency that are associated with an action or proposal before LAFCO.

“Master Service Element” means the element within any agency Sphere of Influence Plan that defines how services will be provided by the agency including services financing, the level of service and the delivery of services.

"Merger" means the extinguishment, termination, and cessation of the existence of a district of limited powers by the merger of that district with a city as a result of proceedings taken pursuant to this division. [56056]

“Negative Declaration” means a determination under CEQA that a project will not adversely affect the environment.

"Next equalized assessment roll" means the next assessment roll or book to be equalized and used by a city, county, or district for the purpose of the annual levy and collection of any taxes or assessments imposed by the city, county, or district. [56057]

"Notice" means any matter authorized or required by this division to be published, posted, or mailed. [56058]

"Open space" means any parcel or area of land or water which is substantially unimproved and devoted to an open-space use, as defined in Section 65560. [56059]

"Open-space use" means any use as defined in Section 65560. [56060]

"Overlap" or "overlapping territory" means territory, which is included within the boundaries of two or more districts or within one or more districts and a city or cities. [56061]

"Parent district" means any district, a metropolitan water district, or any of the entities enumerated in subdivision (c) of Section 56036, which includes all or any part of another district, the first-mentioned district or entity being obligated, under the provisions of the principal act of the first-mentioned district or entity, to provide and furnish any governmental or proprietary service or commodity to the second-mentioned district. [56062]

“Plan for Services” means a plan to provide services which includes information needed for LAFCO to render an informed decision on the project. [56653] Plan for Service submittals are required to contain, but are not limited to the following: An enumeration and description of the service to be extended to the affected territory The level and range of those services An indication of when those services can be feasibly extended to the affected territory An indication of any improvements or upgrading of structures, roads, sewer or water facilities or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed. Information with respect to how those services will be financed.

"Plan of reorganization" means a plan or program for effecting a reorganization and which contains a description of all changes of organization included in the reorganization and setting forth all terms, conditions, and matters necessary or incidental to the effectuation of that reorganization. [56063]

“Prezoning” means adoption of an anticipated zoning category prior to annexation to be effective subsequent to annexation.

"Prime agricultural land" means an area of land, whether a single parcel or contiguous parcels, that have not been developed for a use other than an agricultural use and that meet any of the following qualifications:

• Land that, if irrigated, qualifies for rating as class I or class II in the USDA Natural Resources Conservation Service land use capability classification, whether or not the land is actually irrigated, provided that irrigation is feasible. [56064(a)]
• Land that qualifies for rating 80 through 100 Stories Index Rating. [56064(b)]
• Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture in the National Handbook on Range and Related Grazing Lands, July, 1967, developed pursuant to Public Law 46, December 1935. [56064(c)]
• Land planted with fruit or nut-bearing trees, vines, bushes, or crops that have a nonbearing period of less than five years and that will return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than four hundred dollars ($400) per acre. [56064(d)] Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($400) per acre for three of the previous five calendar years. [56064(e)]

"Principal act" means, in the case of a district, the law under which the district was formed and, in the case of a city, the general laws or a charter, as the case may be. [56065]

"Principal county" means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district or districts for which a change of organization or reorganization is proposed. [56066]

"Proceeding," "proceeding for a change of organization," or " proceeding for a reorganization" means proceedings taken by the commission for a proposed change of organization or reorganization pursuant to Part 4 (commencing with Section 57000). [56067]

"Proponent" means the person or persons who file a notice of intention to circulate a petition with the executive officer. [56068]

"Proposal" means a request or statement of intention made by petition or by resolution of application of a legislative body or of a school district, proposing proceedings for the change of organization or reorganization described in the request or statement of intention. [56069]

“ Protest ” means opposition filed by petition of affected citizens and/or votes regarding a proposal, which affects their property.

"Public agency" means the state or any state agency, board, or commission, any city, county, city and county, special district, or other political subdivision, or any agency, board, or commission of the city, county, city and county, special district, or other political subdivision. [56070]

"Registered voter" means any elector registered under, and pursuant to, the Elections Code. [56071]

"Registered-voter district" means a district whose principal act provides that registered voters residing within the district are entitled to vote for the election of district officers, incurring of bonded indebtedness, or any other district matter. [56072]

"Reorganization" means two or more changes of organization initiated in a single proposal. [56073]

“Resource Lands” includes Timberland, Forest Land, Grazing Lands, Agricultural Lands and lands zoned for Timberland Production (TPZ) and lands zoned for of gravel production or other minerals

“ Revenue Neutrality ” means a transfer of service responsibility from one agency to another in which the cost of providing services directly corresponds with the revenues transferred to fund the services.

"Service" means a class established within, and as a part of, a single function, as provided by regulations adopted by the commission pursuant to Chapter 5 (commencing with Section 56820) of Part 3. [ 56074 ]

"Special assessment district" means an area fixed, established, and formed by a city, county, district, or the state, pursuant to general law, special act, or charter, that is specially benefited by, and assessed, or to be assessed, to pay the costs and expenses of, acquiring any lands or rights-of-way, acquiring or constructing any public improvements, maintaining or operating any public improvement, or lighting any public street, highway, or place. [56075]

"Special reorganization" means a reorganization that includes the detachment of territory from a city or city and county and the incorporation of that entire detached territory as a city. [56075.5]

"Sphere of influence" means a plan for the probable physical boundaries and service area of a local agency, as determined by the commission. [56076]

"Subject agency" means each district or city for which a change of organization is proposed or provided in a reorganization or plan of reorganization. [56077]

"Subsidiary district" means a district of limited powers in which a city council is designated as, and empowered to act as, the ex officio board of directors of the district. [56078]

"Sufficient petition" means a petition, which, upon its filing and certification, requires the commission to hold a hearing and make determinations with respect to the proposal contained in the petition. [56079]

“Timberland” means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or timber and compatible uses, and which is capable of producing an average annual volume of wood fiber of at least 15 cubic feet per acre.

"Urban service area" means developed, undeveloped, or agricultural land, either incorporated or unincorporated, within the sphere of influence of a city, which is served by urban facilities, utilities, and services or which are proposed to be served by urban facilities, utilities, and services during the first five years of an adopted capital improvement program of the city if the city adopts that type of program for those facilities, utilities, and services. The boundary around an urban area shall be called the "urban service area boundary" and shall be developed in cooperation with a city and adopted by a commission pursuant to policies adopted by the commission in accordance with Sections 56300, 56301 and 56425. [56080]