CHAPTER VI. — GENERAL APPLICATION PROCEDURES

Following are the general or basic procedures required for any application. This section is meant to provide an overview of process requirements and to provide a description of the primary path for processing an application. There may be additional specialized procedures for districts and cities detailed in Chapter VII and certainly any of the policies that are applicable as presented in Chapters IV and V will need to be adhered to in processing any application.

A. —MANDATORY MEETING WITH LAFCO—BEFORE THE APPLICATION PROCESS IS INITIATED

Early review of the concerns, issues and requirements that may need to be addressed by the Executive Officer can minimize potential problems at the application submittal stage or at the public hearing. It is mandatory that the applicant schedule and attend a meeting with the Executive Officer. A meeting to review and discuss the proposal with LAFCO staff before initiating a resolution of application, initiating a petition or submitting an application can save the applicant time and needless frustration.

1. If the proposal is a change of organization or reorganization, bring the following information to the meeting: Information concerning city or county general plan and zoning designations. Project map with parcel boundaries and Assessor Parcel numbers. Development plans if applicable. Note: Mendocino LAFCO generally requires approved development plans, such as a tentative map, specific plan, etc. when vacant territory that can be subdivided is proposed for annexation to a city or district. A key consideration in LAFCO’s review of annexation requests is the timing of the action. LAFCO discourages the annexation of vacant land until it can be demonstrated that services are needed in the near future. Without approved development plans, it cannot be demonstrated that services are required. Approved development plans also provide the information necessary to evaluate a proposal. The plans show what land uses are planned, the level of services required, how services will be provided, and the conditions under which services will be extended. They also enable LAFCO to evaluate the impact of a jurisdictional change on adjacent areas. A vicinity map and a detail map.

2. If the proposal is an Out of Area Service Agreement, bring the following information: (See Chapter V, Section F, Out-of-Area Service Agreements) Assessor parcel number and assessor parcel map Copy of the proposed agreement or contract or completed agreement with the agency that will be providing the service Area maps such as a vicinity map or other detail map Documentation of public health emergency, if applicable. (Documentation can be a letter from County Environmental Health, an agency that will provide the service or a private firm such as septic tank or well company.)

3. LAFCO staff will review the process and procedures, identify supplemental information that may be needed, the CEQA process most likely needed, indicate the applicable fees, provide appropriate information as to how to initiate the process (e.g. petition or resolution) and the application documents.

B. WHEN THE PROCESS IS INITIATED BY PETITON OR RESOLUTION—BEFORE THE APPLICATION IS SUBMITTED TO LAFCO

Before the application can be submitted to LAFCO, an initiation process by landowner or registered voter petition, or agency Resolution of Application is required that will become part of the application process. The contents of a Resolution of Application or petition are not the same as a completed application to LAFCO for a proposal. A completed application will contain the Resolution of Application or petition plus much more as described in this Section and following sections.

1. A change of organization or reorganization may be initiated by petition or by Resolution of Application. [56650]

2. A change of organization or reorganization may be made by petition of voters or landowner(s). [56700]

3. Before circulating any petition the proponent shall file with the Executive Officer a notice of intention that shall include the name and mailing address of the proponent and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. [56700.4(a)] “Circulated” means signed by more than one landowner or registered voter. After the filing required pursuant to 56700.4(a) the petition may be circulated for signatures. Any petitions circulated or signatures obtained before meeting the requirements of 56700.4 will not be counted or considered valid. Upon receiving the notice of intention the Executive Officer will notify any affected jurisdictions. [56700.4(c)]

4. The notice of intention shall be signed by a representative of the proponent and shall be in substantially the following form. [56700.4(a)]

Notice of intent to Circulate Petition

Notice is hereby given of the intention to circulate a petition proposing to: ________________________________________________________________

________________________________________________________________

The reasons for the proposal are: _____________________________________.

Proponent’s Name, mailing address and contact numbers: _________________

________________________________________________________________

Proponent’s signature ______________________________________________

The notice requirements may be required to contain additional information according to the principal act of the subject agency and shall contain any other applicable notice requirements. [56700.4(d)]

5. If a change in organization is initiated by a City Council, Board of Supervisors or a district Board of Directors, a Resolution of Application is required [56654].

6. A Resolution of Application shall contain all of the matters specified in Section 56700 for a petition except for the signature requirements and shall be submitted with a Plan for Services prepared pursuant to Section 56653 and other requirements of LAFCO. The Plan for Service shall contain all the information required in the Commission’s policy. [56654(c)] (See Chapter IV, Section H, Plan for Services In addition, it shall contain a separate section with information as to adequacy of water for the proposal. [56668] (See Item 13 below and Section I, Adequacy of Water)

7. The Resolution of Application or petition shall do all of the following: State that the proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 Section 56700. [56700(a)]

• State the nature of the proposal and list all proposed changes of organization. [56700 (b)] Set forth a description of boundaries of the affected territory accompanied by a map showing the boundaries. [56700 (c)] (See Chapter IV, Section G, Legal Description and Map Requirements.) Set forth any proposed terms and conditions. [56700(d)]
• State the reason or reasons for any proposal. [56700(e)]
• If petition, state whether the petition is signed by registered voters or owners of land. [56700(f)]
• If petition, designate not to exceed three persons as chief petitioners, setting forth their names and mailing addresses. [56700 (g)]
• Request that proceedings be taken for this proposal pursuant to Section 56700 if petition or 56653 if Resolution and the Cortese-Knox-Hertzberg Local Government Reorganization Act, Section 56000-57000. [56700(h)]
• State whether the proposal is consistent with the sphere of influence of any affected city or special district. [56700(I)]

8. At least 21 days before the adoption of a Resolution of Application the proponent agency must give a mailed notice of its intention to adopt a Resolution of Application to the commission and to each interested, subject and affected agency, the county in the case of district formation or incorporation and each city within 3 miles. For proposals requiring a noticed public hearing mailing by first class mail, postage prepaid, to each registered voter and landowner within the affected territory and within 300 feet of the exterior boundary of the property that is the subject of the proposal. The notice shall generally describe the proposal and define the affected territory and provide information as to time and location of the hearing. [56654(b)] Interested agency means each local agency which provides facilities or services in the affected territory that a subject agency would provide. [56047.5] Subject agency means a district or city for which a change of organization is proposed or provided in a reorganization or plan of reorganization. [56077] Affected agency is any agency that contains territory or whose sphere of influence contains territory within the proposal. The affected territory is defined by a legal description of the affected territory and a map. Copies of the notices and certification that the registered voters and property owners have been notified must be submitted with the LAFCO application. Noticed public hearings are not required for 100 % written landowner consent for an annexation, detachment or reorganization consisting of both, or the formation of a county service area [56663].

10. If the proposal is submitted by petition and will require a noticed public hearing, LAFCO will provide notification of all registered voters and property owners within the affected territory and within 300 feet of the exterior boundary of the subject property.

11. With the Resolution of Application the agency may need to complete an environmental review under CEQA or LAFCO may need to conduct the environmental review. If the agency conducts the environmental review, the associated environmental documents will be required with the application. See LAFCO Policies and Procedures for CEQA for a complete explanation of the requirements of CEQA and which agency will be the Lead Agency and/or Responsible Agency. If the proposal is submitted by petition, LAFCO will conduct the environmental review.

13. Under C-K-H, LAFCO is required to determine if there are adequate water supplies to meet the needs of the proposal. [56668] Section 65352.5 provides the guidelines to be used in determining adequate water supplies, which by policy LAFCO will use for all proposals. Adequacy of water supplies is to be determined by:

• Examining the water provider’s service plan, capital improvement plan.
• Sources of water-by-water right or contract.
• Description of quantity of surface water purveyed.
• Description of quantity of ground water purveyed.
• Description of proposed additional sources of water.
• Description of total number of customers by category of agricultural users, commercial users, industrial users and residential users.
• Quantification of reduction of total water demand by each customer category.
• Water reduction measures.

Any additional information that is relevant to determining the adequacy of existing and planned future water supplies to meet existing and planned future demands on water supplies.

14. LAFCO is now required to examine fair share housing issues for a proposal. Information will be required to be submitted that will assist LAFCO in making determinations as to fair share housing. Generally, this is a city annexation issue but could apply to some district applications. (See Chapter V, Section F, Regional Housing Needs—Fair Share Planning for an explanation)

15. As a condition of approval for any action, the Commission will impose a condition, which requires, in the event of legal challenges, that the applicant assumes full legal defense costs because they are a liability incurred by LAFCO after, and as a result of project approval. [56383, 56886(f)] (See Chapter III, Section M, Legal Defense Fees and Chapter IV, Section J, Indemnity Agreement)

16. An application may trigger the requirement for LAFCO to conduct a Sphere of Influence study along with a Service Review study. (See Chapter V, Section C, Sphere of Influence and Section D, Service Reviews).

17. Proponents should be aware of the disclosure requirements associated with proposals submitted to LAFCO. The Political Reform Act, (81000 et seq.) prohibits a person appointed to LAFCO from soliciting or accepting campaign contributions of more than $250 within the preceding 12 months from parties, participants, or their agents while a proceeding is pending before LAFCO and for three months following the decision. LAFCO commissioners who receive such contributions are required to disqualify themselves from participating in the proceedings. Both Commissioners and contributors who are parties to the proceedings are required to disclose contributions received or made. Proponents will be required to submit a disclosure form. It is also required that expenditures for political purposes and contributions in support of, or opposition to, a change of organization or reorganization that has been submitted to LAFCO be disclosed and reported in the same manner as initiative measures [56700.1]

C. —AFTER THE INITIATION PROCESS IS COMPLETED—WHEN THE APPLICATION IS SUBMITTED TO LAFCO

There is a difference between submitting an application to LAFCO and having that application be considered to be “filed”. It will not be considered filed until the Executive Officer determines that the application is “complete” and issues a Certificate of Filing to the proponent. The following sections will give you a sense of the requirements to be met before it will be considered complete and therefore “filed”.

• (Note: All information required to be provided shall be submitted as a hard copy and on a disc using Microsoft Word and/or Excel)

1. Each application shall be in the form as the Commission may prescribe and shall contain:

• A petition or resolution of application.[56652(a)]
• A statement of nature of each proposal. [56652(b)]
• A map and legal description of boundaries acceptable to the Executive Officer. [56652(c)]
• Any data and information as may be required by any regulation of the Commission. [56652(d)]
• Any additional data and information, as may be required by the Executive Officer. 56652(e)]
• The names of the officers or persons, not to exceed 3 in number, who are to be furnished with copies of the report by the Executive Officer. [56652(f)]

2. A complete application will include the following exhibits, as applicable:

• Cover letter
• A completed copy of LAFCO’s application Landowner consent if applicable
• A certified Resolution of Application (if initiated by city, county or district). Petition of voter or landowners that meet the requirements of Government Code 56700, 56700.4, 56704 and 56705 (if initiated by voters or landowners). Landowner Application ( if initiated by single landowner or 100 percent landowner) CEQA documentation—
• A copy of the adopted environmental documents associated with the project (e.g. ND or MND). If an EIR was prepared for the project, 12 copies of the certified EIR must be submitted with the application. Note: Like other public agencies, LAFCO is required to comply with the California Environmental Quality Act (CEQA) for purposes of considering the environmental impact of its actions. Each proposal must receive the appropriate environmental review for consideration by the Commission in making its decision.
• The environmental review must include:

1. Review of the proposed development as detailed in the development plan

2. Infrastructure development such as trunk lines, pump stations, processing plant upgrades, etc. needed for purpose of meeting the requirements of the proposed development.

3. The impact of the LAFCO’s decision regarding boundary changes. For a detailed discussion of environmental requirements please refer to our separate document entitled, Policy and Procedures for the Processing of Environmental Documents.

4. An environmental questionnaire and other needed information if LAFCO is the lead agency

1. Note: For the maps and legal descriptions described below, the required number of copies of maps and legal descriptions will be 12 plus the number of agencies that must be contacted or noticed regarding this application. This will vary according to the type and complexity of the proposal and the number of agencies affected.

1. Area Maps that provide the information needed for the Commission to make an informed decision on the application. (See Chapter IV, Section G, Legal Description and Map Policy) Legal description of existing boundaries of the affected agency (See Chapter IV, Section G, Legal Description and Map Policy)
2. Legal description of boundaries of sphere of influence (See Chapter IV, Section G, Legal Description and Map Policy) An Agency Map depicting boundaries of the affected agency and sphere of influence according to the legal description indicated above. (See Chapter IV, Section G, Legal Description and Map Policy)
3. A list of Assessor Parcel numbers within the existing boundaries of the agency to be identified as Assessor Parcel List Within (name of agency) Boundaries
4. A list of Assessor Parcel numbers within the sphere of influence boundaries of the agency to be identified as Assessor Parcel List Within (name of agency) Sphere of Influence Boundaries Legal description of the perimeter of the subject territory for the proposal (See Chapter IV, Section G, Legal Description and Map Policy)
5. An Initial Map depicting the boundaries of the subject territory according to the legal description of the subject territory (See Chapter IV, Section G, Legal Description and Map Policy)
6. A spread sheet using Microsoft Word or Excel of parcels within the boundaries of the affected territory for the proposal containing the Assessor Parcel numbers; zoning for each parcel; parcel addresses; names of owners of each parcel; mailing address of each owner and land valuation of each parcel. Such spreadsheet to be identified as Landowner List for Parcels in Affected Territory with the name of the agency above and the date below. A spread sheet using Microsoft Word or Excel of all parcels contiguous to or within 300 feet of the parcels within the boundaries of the affected territory containing Assessor Parcel numbers; parcel addresses; names of owners of each parcel; mailing address of each owner. Such spreadsheet to be identified as, Landowner List for Parcels Within 300 Feet of Affected Territory with the name of the agency above and the date below A spread sheet using Microsoft Word or Excel of registered voters within the boundaries of the affected territory for the proposal containing the name of the registered voter, the assessor parcel number and address where the voter resides, and the mailing address of the registered voter. (Note: The mailing address may be different then the parcel address if the voter receives his or her mail at a post office box.) Such spreadsheet to be identified as, Registered Voter List for Voters Within Affected Territory with the name of the agency above and the short form designation and date below. A spreadsheet using Microsoft Word or Excel of registered voters within 300 feet of the subject territory containing the name of the registered voter, the assessor parcel number and address where the voter resides, and the mailing address of the registered voter. Note: The mailing address may be different then the parcel address if the voter receives his or her mail at a post office box.) Such spreadsheet to be identified as, Registered Voter List for Voters Within 300 Feet of Affected Territory with the name of the agency above and the short form designation and date below. If more than one parcel, provide a spread sheet using Microsoft Word or Excel of the parcels within the boundaries of the affected territory for the proposal, containing the Assessor Parcel numbers; existing zoning for each parcel; proposed zoning change; existing General Plan designation (city or count); proposed General Plan designation (city or county); existing use of property; proposed use of property; and area of proposal. Such spreadsheet to be identified as Land Use of Parcels in Affected Territory, with the name of the agency above and the short form designation and date below. A certified spreadsheet or list using Microsoft Word or Excel of Subject, Interested and Affected agencies along with their addresses and contact numbers noticed for the Resolution of Application and CEQA process and any individuals with their addresses and contact numbers asking for special notice. Such spreadsheet to be identified as Persons, Subject, Interested and Affected Agencies Noticed for Resolution of Application, with the name of the agency above and the short form designation and date below. (See Chapter VI, Section B-8 for definitions of Subject, Interested and Affected agencies) Copies of all written comments received from Subject, Interested and Affected agencies and any individuals asking for special notice.
7. A certified copy of the notice that was published, posted and mailed for the public hearing for the Resolution of Application A Plan for Services if agency Resolution of Application [56653] (See Chapter IV, Section H) Information as to adequacy of water supplies (if applicable) (See Chapter IV, Section I) Indemnity Agreement (See Chapter IV, Section J) Fair Share Housing Agreement (if applicable) (See Chapter V, Section G) Tax Sharing Agreement (if applicable) (See Chapter V, Section H) Any other information required by the Commission and Executive Officer so that the factors described in Section 56668 can be considered and a recommendation can be made by the Executive Officer as required in Section 56665. Prezoning resolution if city application (if applicable) Applicable fees

3. Once the Executive Officer receives the application and required information he/she will:

• Verify the signatures with the Assessor or Registrar of Voters if the application was submitted by petition and will issue a Certificate of Sufficiency if the petition contains the requisite number of signatures.
• Determine if adequate environmental review has occurred. If LAFCO is to be the Lead Agency then the environmental review is undertaken by LAFCO.
• Verify that a satisfactory Tax Exchange agreement of property tax has occurred.
• Master property tax agreements may be applicable or separate property tax exchange resolutions may be required.
• If negotiations leading to adoption of separate resolutions are required, both the county and any affected city must agree to the exchange.
• If a jurisdictional change affects the service area or service responsibility of one or more special districts, the board of supervisors negotiates an exchange of property taxes on behalf of the district or districts. [Revenue and Taxation Code 99]
• Verify that the legal description and maps are accurate by sending it to the County Surveyor.
• Notice all applicable agencies and ask for comment
• Determine if the required prezoning has occurred if annexation to a city. [56375(a)(3)]
• Determine if fair share housing agreement has been negotiated if annexation to a city.
• Determine if the required noticing has occurred
• Determine if the application is otherwise complete
• Determine if the required fees have been paid

4. If the Executive officer determines the application is not complete he/she will notify the applicant in writing within 30 days as to the information needed.

5. If the Executive Officer determines the application is complete, before a Certificate of Filing will be issued, the Executive Officer will seek comment by making a preliminary report and mailing this report along with a notice, map and legal description to affected, interested and subject agencies, individual requesting such notice, the County Committee on School District Organization and each school superintendent whose district overlies the subject area. The report, map and legal description are also sent to the Auditor, the County Department of Planning and the Assessor. A minimum of 45 days will be given for response. More complex proposals will be given a longer time to the discretion of the Executive Officer.

• Note:

Items 6, 7 and 8 below give information as to special circumstances. If these do not apply to your proposal go to Item 9.

6. If the proposal is an annexation to a district by individuals— A district has direct veto power over an application by an individual applicant (e.g. landowner or registered voters) to LAFCO to annex to a district. If the Executive Officer determines the application is complete but the proposal is to annex territory to a special district, not initiated by the district, the Executive Officer will not issue a Certificate of Filing but shall:

• Transmit a copy of the proposal to the affected district [56857(a)]
• Place the proposal on the agenda for the next Commission meeting for informational purposes only [56857(a)]
• Wait 60 days for response from the affected district once the Commission meeting occurs. No later then 60 days after the date the proposal is on the Commission agenda for informational purposes an affected district may adopt and transmit to the Commission a resolution requesting termination of proceedings. [56857(c)]
• Will terminate the proceeding, if the affected district has adopted and transmitted to the Commission a Resolution requesting termination within the prescribed time period [56857(c)].
• Proceed with processing the application, if the affected district has not adopted and transmitted to the Commission a Resolution requesting termination within the prescribed time period.

7. If the proposal is a detachment from a city by individuals—A city has direct veto power over an application by an individual(s) applicant (e.g. landowner or registered voters) to LAFCO to detach from a city. If the Executive Officer determines the application is complete but the proposal is to detach territory from a city, not initiated by the city, the Executive Officer will not issue a Certificate of Filing but shall:

• Transmit a copy of the proposal to the affected city [56675(a)]
• Place the proposal on the agenda for the next Commission meeting for informational purposes only [56675(a)]
• Wait 60 days for response from the affected city once the Commission meeting occurs. No later then 60 days after the date the proposal is on the Commission agenda for informational purposes an affected city may adopt and transmit to the Commission a resolution requesting termination of proceedings. [56751(b)]
• Terminate the proceedings if the affected city has adopted and transmitted to the Commission a Resolution requesting termination within the prescribed time period the Commission shall [56751(c)].
• Proceed with processing the application, if the affected city has not adopted and transmitted to the Commission a Resolution requesting termination within the prescribed time period.

8. If the proposal is a petition by a landowner to annex to a city—A landowner(s) can petition to annex to a city for purposes of receiving public services via an application to LAFCO. A City does not have direct veto power over an annexation request submitted to LAFCO similar to a detachment as indicated above. However, it has the ability to refuse services, therefore in effect; it has control over the annexation request. Usually, persons seeking annexation to a City, will approach the City to confirm their interest in annexation. If supportive, the City completes a land use planning process before annexation is requested. This could include such things as: general plan amendment; specific plan; zone change; parcel or subdivision map; development permit; prezoning; other land use entitlement and environmental review (CEQA) The decision of the Commission with regard to a proposal to annex territory to a city shall be based upon the general plan and prezoning of the city. [56375(a)(3)] The Commission cannot say how or in what manner the territory shall be prezoned. The Commission cannot impose any conditions that would directly regulate land use density, or intensity, property development or subdivision requirements. Prezoning requires environmental review under CEQA at the time of the prezoning. [CEQA Guidelines 15051(b)(2)]The lead agency is the City. Environmental review would have to include the scope of any proposed project or foreseeable development and the boundary change for the annexation proposal to LAFCO. A consideration in the LAFCO review of annexation requests is the timing of the action. LAFCO discourages the annexation of vacant land until it can be demonstrated that services are needed in the near future. In general, the Commission will not approve the annexation of vacant land to a city without the demonstration that there is an immediate need for services. Demonstration of immediate need for services would include prezoning, general plan amendment, a development plan/permit or other land use entitlement described above from the city. If the city is non-supportive of the development project or annexation proposal and is unwilling or unable to provide services or accommodate its general plan or planning review process for the proposal, then the Commission will not and cannot approve a request for annexation. [56668(I) & 56668(j)] For all of these reasons, it therefore makes sense for an applicant to approach the City and confirm their interest and willingness to accommodate the proposal and if supportive, allow the City to carry the LAFCO application process

9. As a condition of issuing a certificate of filing for any application, except an out-of-area service agreement by individual petition, the Commission requires that a legal description and map of the existing boundaries of the agency and legal description of the boundaries of the sphere of influence as perceived by the agency be provided along with an enumeration of the Assessor Parcel numbers within each boundary and along with the respective zoning for each parcel, unless it can be demonstrated that such documents are already on file.

The map and legal description shall be prepared by a registered engineer according to the requirements of LAFCO and Board of Equalization.

These requirements are in addition to any legal descriptions and map requirements for proposed changes of organization for the affected territory. If the proposal is approved, the final map requirements will include an updated legal description and map including the change of territory as part of the boundaries of the agency. The map and legal description will be circulated to County Planning and the County Surveyor for review and comment. If there are issues of dispute of description of boundaries or overlap of boundaries with other agencies that provide like services then these issues will need to be resolved before approval will be given for any territorial changes. Agency boundary lines or Sphere of Influence lines may generally follow natural features; however no boundary line or sphere of influence line can bisect an assessor parcel. Acceptance of the map by the executive officer is not a confirmation of agreement to the sphere of influence boundaries. LAFCO is the final determiner of spheres of influence and may make changes, as it considers appropriate through due process.

10. When the Executive Officer determines the application is complete, after subject interested and affected agencies have been notified and any waiting periods have been completed, the Executive Officer will prepare a final analysis and report of the proposal, which will include consideration of any responses by noticed agencies. If significant issues have not been raised by the responding agencies that require more information from the proponent, the Executive Officer will then issue a Certificate of Filing setting the Commission hearing within 90 days. Copies will be sent to the proponent and all affected agencies. The Executive Officer will mail the final report at least five days prior to the hearing to each Commissioner, each person named in the application to receive a report, each affected local agency requesting a report, each agency whose boundaries or sphere of influence will be changed, and the Executive Officer of LAFCO of any other affected county.

D. WHEN THE PUBLIC HEARING IS HELD

1. A noticed public hearing is held for proposals that (1) include actions such as district formation, incorporations, annexation, detachments or formation of a county service area that do not have 100% landowner consent and; (2) include adoption of a sphere of influence or sphere amendment; (3) are complex and controversial. If the proposal is an annexation, detachment or formation of a county service area and has 100% written landowner consent within the territory proposed for the change of organization, the Commission may consider it without a noticed public hearing. A noticed public hearing requires a 21-day notice period. .

2. For a noticed public hearing the Executive Officer, at least 21 days prior to the date set for the hearing will give notice by:

• Publication in a newspaper of general circulation for the subject territory
• Posting near the door of the hearing room.
• Posting on the LAFCO website
• Mailing to each affected agency that contains territory or whose sphere of influence contains territory within the proposal, chief petitioners, persons requesting special notice, registered voters and landowner within the affected territory and within 300 feet of the exterior boundary of the property that is subject of the hearing and each city within three miles.
• Mailings to registered voters and landowners may be waived if individual notices have already been provided by the initiating agency.
• If more than 1000 notices are to be mailed to registered voters and landowners, notice may be provided pursuant to Section 65091.

3. The Commission hears the proposal on the noticed date and time. The hearing may be continued for up to 70 days.

4. At the hearing the Commission must consider a number of factors and policies in compliance with state law. Among the factors considered by LAFCO in making its determination are: [56668] Population, density, land area and land use, per capita assessed valuation, topography, natural boundaries, drainage basins, proximity to populated areas, likelihood of significant growth during next ten years Need for organized community services, present cost and adequacy of government services and controls, probable future needs, probable effect of change of organization and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas The effect of the proposed action or alternate actions on adjacent areas, on mutual social and economic interests, and on the local government structure of the county. Conformity of the proposal to Commission policies on providing planned, orderly, efficient patterns of urban development, and with state policies and priorities on conversion of open space lands. Effect of the proposal on maintaining the physical and economic integrity of land in agricultural preserve in open-space uses. Definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment and ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposal boundaries. Conformity with appropriate city or county general and specific plans The sphere of influence of any agency that may be applicable to the proposal being reviewed. The comments of any affected agency The ability of the newly formed or receiving entity to provide services which are the subject of the application, including the sufficiency of revenues for those services following the proposed boundary change. Timely availability of water supplies adequate for projected needs the extent to which the proposal will assist the receiving entity in achieving its fair share of the regional housing needs as determined by MCOG. Any information from the landowner(s) Any information relating to existing land use designations.

5. At the hearing or within 35 days of the hearing, the Commission will adopt a Resolution of Determinations taking the following actions:

• Approve or deny with or without terms and conditions or revisions to the proposal. If denied no new proposal can be made for one year unless waived by LAFCO. If the proposal included incorporation or consolidation of a city, no new proposal can be made for two years unless waived by LAFCO. [56880, 56884, 57090]
• Determine the territory is inhabited or uninhibited (inhabited territory means territory within which there reside 12 or more registered voters)
• If the conducting authority is other than the Commission, designate the conducting authority [56029]
• Assign a short term designation for the proposal
• Authorize protest proceedings without notice, hearing, or an election, if the there is 100% consent of landowners and the proposal consists solely of annexations, detachments or both, or CSA formations [56663]

6. If the terms and conditions of any change of organization provide for the formation of a new improvement district, or the annexation or detachment of territory to, or from, an existing improvement district, the Commission shall do all of the following: [56883.3] Exclude any lands proposed to be formed into, or to be annexed to, the improvement district, which the Commission finds will not be benefited by becoming a part of the improvement district. Exclude any lands proposed to be detached from an improvement district, which the Commission finds will be benefited by remaining a part of the improvement district. 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.

7. The Executive Officer will send the Commission’s resolution making determinations to the chief petitioners, if any, and each agency whose boundaries will be changed. [56882]

E. WHEN RECONSIDERATION IS APPLICABLE

When the Commission has approved a proposal and has adopted a resolution making determinations, any affected person or agency may file a written request with the Executive Officer requesting amendments to or reconsideration of the resolution and the decision to approve.

1. Requests for reconsideration of a Commission resolution are to be submitted in writing accompanied by the reconsideration request fee. [56383(4)]

2. An application for reconsideration will only be accepted if the affected person or agency has participated in the hearings resulting in the decision sought to be reconsidered. A person shall be deemed to have participated if he or she was either a party to the petition, attended the hearing, offered oral comment on the proposal during the hearing or offered written comment before or during the hearing. Oral or written comment received after the public hearing where the Commission has made its decision will not be considered as participation in the public hearing.

3. Reconsideration requests shall be filed within 30 days of a resolution making determinations. [56895(b)]

4. The Reconsideration request shall state the specific modification to the resolution being requested and shall state what new or different facts that could not have been presented previously are claimed to warrant the reconsideration. [56895(a)]

5. The Reconsideration request shall be heard at the next regularly scheduled LAFCO meeting for which notice can be given. [56895(f)] The Executive Officer shall give notice of the consideration of the request for reconsideration by the Commission in the same manner as for the original proposal.

6. At the Reconsideration hearing the Commission shall consider the request and receive any oral or written testimony. The consideration may be continued from time to time but not to exceed 35 days from the date specified in the notice for the reconsideration hearing. [56895(f)]

7. Reconsideration is a two-step process involving considering the request for reconsideration first, and second, if reconsideration is granted, reviewing the project in light of new information provided. The Commission will first consider the request for reconsideration and may vote to reconsider the matter if any of the following findings can be made based on substantial evidence on the record. Compelling new evidence exists including significant and previously unavailable evidence that might alter the Commission’s approval decision. Conditions have substantially changed such as the repeal of applicable law or an applicable new law has been enacted. LAFCO’s procedures were not substantially followed in the previous hearing(s). Clerical errors or mistakes in any action or resolution adopted may be corrected without being cause for reconsideration.[56883]

8. At the conclusion of the hearing, if reconsideration of the original decision is granted, the Commission may approve or disapprove with or without amendment, wholly, partially or conditionally the decision previously made for change in organization or reorganization. [56895(g)]

9. If the reconsideration request is approved and the previous decision is changed, the Commission shall adopt a resolution, which supersedes the previous resolution.

10. Any Commissioner or Alternate seated at a given meeting can vote on Reconsideration of an action taken at a prior meeting regardless of their vote, lack of vote, or appearance at a prior meeting, as long they review the meeting reports and minutes prior to the meeting and state on the record that they have done so.

11. The Commission’s determination is final. No person shall make any further request for the same change or substantially similar change of the decision as determined by the Commission. [56895(f)]

F. WHEN LAFCO IS THE CONDUCTING AUTHORITY FOR PROTEST PROCEEDINGS

When the Commission approves a request for change in organization or reorganization the opportunity for protest of the Commission’s decision must be afforded to registered voters and landowners in the subject territory that are affected by the decision. When the Commission holds the protest hearing they are considered the conducting authority for the protest hearing.

The object of protest proceedings is not to review the decision made by the Commission but to determine it there are sufficient landowners or registered voters in the subject territory who are opposed to the decision that was made by the Commission to terminate the proceedings, or if there is sufficient opposition to require an election.

The Commission may delegate the conduction of the protest proceedings to the Executive Officer, as they consider appropriate.

1. As indicated in Section D-5 above, the Commission may authorize protest proceedings without notice, hearing or an election if there is 100% landowner consent and the proposal consists solely of annexations or detachments, or both, or CSA formations

2. In the case of uninhabited territory where the proposal consists solely of annexations or detachments, or both, or CSA formations, the Commission may waive conducting authority proceedings entirely if both of the following conditions apply. [56663(c)] All of the landowners within the affected territory have given their written consent to the change of organization or reorganization. All subject agencies that will gain or lose territory as a result of the change of organization or reorganization have consented in writing to waiver of protest proceedings.

3. In the case of inhabited territory where the proposal consists solely of annexations or detachments, or both, or CSA formations, the Commission may waive conducting authority proceedings entirely if both of the following conditions apply. [56663(d)] The Commission has provided written notice of the public hearing to all registered voters and landowners within the affected territory and no written opposition from registered voters or landowners within the affected territory is received prior to the conclusion of the public hearing where the Commission made its decision to approve the proposal. The written notice shall disclose to the registered voters and landowners that unless written opposition is received regarding the proposal or the decision of the Commission to waive protest proceedings, that there will be no subsequent protest and election proceedings. All subject agencies that will gain or lose territory as a result of the change of organization or reorganization have consented in writing to waiver of protest proceedings.

4. If protest proceedings are not waived by the Commission, within 35 days of the Commission’s resolution making determinations, the Executive Officer of the Commission shall set the date for protest hearing of the proposal.[57002] The date of the protest hearing can be set at the hearing for the proposal where the resolution of determinations was approved. The protest hearing shall not be held prior to the expiration of the reconsideration period specified in Section 56895(b). The Executive Officer shall give notice of the protest hearing by mailing, publication and posting as provided in Sections 56150-56160. The date of the protest hearing shall be not less than 21 days, or more than 60 days, after the date the notice was given. For any proposal that includes an incorporation, the Executive Officer shall set the date of the protest hearing within 15 days following the Commission’s resolution making determinations. The protest hearing shall be set for the next regularly scheduled meeting of the Commission that provides sufficient time to give public notice of that hearing by mailing, publication, and posting as provided in Sections 56150-56160. Where the proceeding is for the establishment of a district of limited powers as a subsidiary district of a city, upon a request of the affected district, the date of the hearing shall be at least 90 days, but not more than 135 days from the date the notice is given.

5. Once notice is given for the protest hearing, no conflicting petition or resolution of application seeking change of organization or reorganization of all or part of the territory described by the notice given by the Executive Officer shall be filed with, or acted on, by the Commission.

6. The conducting authority (the Commission or Executive Officer if so designated by the Commission) hears the protest on the proposal at the noticed time and date. [57050, 57051, 57052] Any landowner or any registered voter within inhabited territory proposed to be annexed or detached, or any owner of land within uninhabited territory proposed to be annexed or detached may file a written protest. Any written protests must be filed with the conducting authority prior to the conclusion of the hearing. Each written protest must state whether it is made by landowner or registered voter. If landowner it must contain the name and address of the owner of the land affected and the street address or other description sufficient to identify the location of the land. If registered voter the name and address shall be as it appears on the affidavit of registration. Written protests may be made on behalf of an owner of land by an agent authorized in writing by the owner to act as agent in respect to the land. A copy of the authorization must be attached to the written protest. Written protests may be made on behalf of a private corporation which is an owner of land by any officer or employee of the corporation without written authorization by the corporation to act as agent in making the protest. Proof of employment will be required to be attached to the written protest. Each written protest shall show the date that each signature was affixed to the protest. All signatures without a date or bearing a date prior to the date of publication of the notice shall be disregarded for purposes of ascertaining the value of any written protests. The value of written protests must be determined as described in Sections 56707, 56708 and 56710. The conducting authority may continue the protest hearing for up to 60 days. If the proposal includes an incorporation the protest hearing may be continued for up 35 days

7. Not more than 30 days after the conclusion of the protest hearing the conducting authority shall adopt a resolution doing one of the following:

• In the case of uninhabited territory , terminate the proceedings of the proposal if a majority protests exists from landowners owning 50 percent or more of the total assessed value of the land within the territory. [57075(b) and 57078(a)]
• In the case of uninhabited territory , order the change of organization or reorganization if written protests have been filed and not withdrawn by owners of land who own less than 50 percent of the total assessed value of land within the affected territory. [57075(b)(2)]
• In the case of inhabited territory, terminate proceedings of the proposal if majority protest exists from 50 percent or more of voters residing in the affected territory. [57075(a)(1) and 57078(b)]
• In the case of inhabited territory , order the change of organization or reorganization subject to confirmation by registered voters residing within the affected territory if written protest have been filed and not withdrawn by either 25 percent but less than 50 percent of registered voters residing in the affected territory, or, 25 percent of the number of owners of land who also own at least 25 percent of the assessed value of land within the affected territory. [57075(a)(2)(A)(B)]
• In the case of inhabited territory , order the change of organization or reorganization without an election if written protests have been filed and not withdrawn by less than 25 percent of the registered voters or less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of land within the affected territory. [58075(a)(3)]
• In the case of a landowner-voter district , terminate proceedings if majority protest exists from 50 percent or more of the voting power of the voters entitled to vote as a result of owning land within the district.

8. The resolution ordering a change of organization or reorganization subject to an election shall contain all of the following: [57100]

• A statement that the action is being taken pursuant to Chapter 5, Section 57100 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
• A statement of the type of change of organization or reorganization being acted upon
• A description of the exterior boundaries of the territory for each change of organization or reorganization approved by the Commission
• The name or names of any new consolidated city or district
• All terms and conditions upon the change of organization approved by the Commission.
• The reasons for the change of organization or reorganization
• A statement as to whether the regular county assessment roll or another assessment role will be utilized
• A statement that the affected territory will or will not be taxed for existing general bonded indebtedness of any agency whose boundaries are changed
• Any other matters that the commission deems material

G. IF AN ELECTION IS CALLED

1. If the results of the protest proceedings require an election the Commission shall forward an adopted resolution calling for an election on the question to the Elections Clerk of the county. The resolution shall: [57115] designate the affected territory within which the special election shall be held Provide for the question or questions to be submitted to voters according to the requirements of Section 57133. Specify any terms or conditions provided for in the change of organization or Reorganization State the vote required for confirmation of organization or reorganization Provide any other information applicable to the change of organization or reorganization as detailed in Sections 57100-57120 inclusive

2. Special elections called within any part of a city or registered voter district shall be governed by the general elections provision and the local elections provisions of the Elections Code so far as they are applicable relating to the qualifications of the voters, the manner of voting, the form of the ballot, the duties of the precinct and election officers, canvassing of returns and all other particulars. [57125] If the Commission determines there is an inconsistency between the general elections code and the local elections provisions of the Elections Code, the local elections provisions shall control. [57125(a)] If the Commission determines there is an inconsistency between Chapter 6 Sections 57125 to 57150 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 and the Elections Code, then Cortese-Knox-Hertzberg shall control. [57125(b)]

3. Special elections called within all or any part of a landowner-voter district shall be governed by the general elections provisions of the principal act, so far as they may be applicable, relating to the qualification of voters, the manner of voting, the form of the ballot, the duties of the precinct and elections officers, the canvassing of returns and all other particulars. [57126] If the Commission determines there is any inconsistency between the provisions of Chapter 6, Sections 57125 to 57150 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 and the principal act, Cortese-Knox-Hertzberg shall control. If special election are called for a question within any part of a landowner-voter district and a city or registered voter district the provisions of 57125 shall apply except that the principal act shall govern as qualifications of voters, etc. as per 57126. [57125.5]

4. If the Commission calls any special election within all or part of any district, any reference in the principal act to the board of directors of the district and to the clerk or secretary of the district shall be deemed to mean the Commission and the Executive Officer. [57127]

5. The election on the question of the change of organization or reorganization shall be called and held on next regular election date occurring at least 88 days after the date upon which the resolution calling for the election was adopted. [57132] The elections official shall cause notice of the election for each change of organization or reorganization to be given by publication, posting and mailing as provided Chapter 1, (commencing with Section 57025) of Part 4 of C-K-H. [57130] The notice of the election shall contain all matters specified in Section 57115. [57131] The question or question to be submitted at any special election called pursuant to C-K-H shall be in the form as prescribed in 57133, as applicable. [57133] If the change of organization or reorganization has been ordered by the Commission subject to any terms or conditions, there shall be added to the end of the question as set fort in 57133 words as follows: “Subject to the terms and conditions specified in the order.” [57134] If the terms and conditions impose liability for payments of taxes or assessments, service charges, rentals, or other rates to be collected the question shall contain a summary of the purpose, nature and extent of the liability and shall refer to the Commission order. [57135] The Commission may include a summary of any other terms and conditions, Where a summary is included, there shall be added to the clause as set forth in 57134 words as follows: “Such terms and conditions set forth (include summary), all or more particularly described in the order.” (Provide resolution number or other reference) [57135(c)] If the commission orders a merger and the establishment of a subsidiary district, questions on each matter shall be printed on the ballot, one above the other, with directions to “Vote on both questions.” [57138] If the question includes consolidation or formation of a new district, members of the Board of Directors shall be nominated and voted upon according to the requirements of the principal act. [57130]

6. Within 5 days after a special election is called the Executive Officer shall submit to the Commission for its approval or modification and impartial analysis of proposed change of organization or reorganization or incorporation. [57144] The impartial analysis shall not exceed 500 words in addition to a general description of the boundaries of the affected territory. After modification and approval the Commission shall submit the analysis to the elections official no later than the last day for submission of rebuttal arguments. Immediately below the impartial analysis shall be printed in 10-point bold type or greater a legend as follows: “The above statement is an impartial analysis of Proposition _________________. If you desire a copy of the proposition please call the elections official at (insert telephone number) and a copy will be mailed to you at no cost to you.” The affected agency, an individual voter or association of voters entitled to vote on the change of organization or reorganization may file written arguments for or against the question. [57145]

7. All expenses incurred in conducting an election for a change of organization or reorganization shall be paid as follows: [57150] In the case of annexation or detachment payment shall be made by the local agency to or from which territory is proposed to be annexed or detached. In the case of incorporation or formation payment shall be made by the newly incorporated city or newly formed district if successful; by the county if proceedings are terminated by the election. In the case of disincorporation or dissolution, from the remaining assets of the disincorporated city or dissolved district if successful; by the city or district if proceedings are terminated by the election. In the case of consolidation proceedings payment shall be made by the successor district, if successful, and proportionally by the local agencies proposed to be consolidated if the proceedings are terminated by the election. In the case or reorganization payment shall be made by the affected local agencies or successor agencies in proportion to their assessed value.

H. COMPLETION AND EFFECTIVE DATE

1. Immediately after completion of proceedings ordering a change of organization or reorganization without an election or confirming an order of change of organization or reorganization with an election, the Executive Officer prepares a Certificate of Completion and makes the required filings. [57200, 57201, 57202] If the majority of votes cast are for the question, the Commission shall within 30 days of the canvass of vote issue a Certificate of Completion confirming the order of change. [57176, 571676.1, 57177, 57177.5, 57178] If the majority of votes cast are against the question, the Commission shall issue a Certificate of Termination or proceedings. [57179]

2. The Certificate of Completion is recorded with the County Recorder. If no effective date is specified in the Commission resolution, the recordation date is the effective date. A Statement of Boundary Change or creation is issued by the Executive Officer and filed with the appropriate fees, with the State Board of Equalization and County Assessor. [57202, 57203, 57204] Property tax resolutions, if any, are forwarded to the County Auditor for property tax transfer.

3. The Executive Officer gives copies of the Certificate of Completion and effective date to agencies whose boundaries are affected and affected county departments.

4. A copy of the legal description and the original Mylar map is sent to the County Surveyors office for file keeping.

5. The affected agencies recognize completion of the jurisdictional change: property tax and sales tax, police and fire protection responsibilities, planning and inspection, etc. are transferred as appropriate.