The Knox-Nisbet
Act of 1963 (former Government Code Section 54773 et seq.) established
the Local Agency Formation Commission to promote the orderly development
of local government agencies in the County and discourage urban sprawl.
The law was subsequently combined with other laws regarding boundary
changes and recodified as the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Government Code Sections 56000-57550).
Among
its objectives, LAFCO is authorized to perform studies which will contribute
to the logical and reasonable development of local governments to provide
for the present and future needs of each county and its communities.
(Government Code Section 56301). State law further provides that, in
order to carry out its responsibilities for planning and shaping the
logical and orderly development of local government agencies, the Local
Agency Formation Commission shall develop and determine the sphere of
influence of each local governmental agency within the county. (Government
Code Section 56425). 'Sphere of Influence' means a plan for the probable
physical boundaries and service area of a local government agency. (Government
Code Section 56076).
In determining
a sphere of influence, the Commission is required to consider and state
its findings regarding at least eight factors, including:
a. The
maximum possible service area of the agency based upon present and
possible service capabilities of the agency.
b. The
range of services the agency is providing or could provide.
c. The
projected future population growth of the area.
d. The
type of development occurring or planned for the area, including,
but not limited to, residential, commercial, and industrial development.
e. The
present and probable future service needs of the area.
f. Local
governmental agencies presently providing services to such area and
the present level, range, and adequacy of services provided by such
existing local governmental agencies.
g. The
existence of social and economic interdependence and interaction between
the area within the boundaries of a local governmental agency and
the area which surrounds it and which could be considered within the
agency's sphere of influence.
h. The
existence of agricultural preserves in the area which could be considered
within an agency's sphere of influence and the effect on maintaining
the physical and economic integrity of such preserves in the event
that such preserves are within a sphere of influence of a local governmental
agency."
Spheres
of influence are to be adopted by the Commission following a public
hearing and are to be reviewed and updated every five years. After adoption,
the sphere of influence "shall be used by the Commission as a factor
in making regular decisions on proposals over which it has jurisdiction.
The Commission may recommend governmental reorganizations to particular
agencies in the county, using the sphere of influence as a basis for
such recommendations...(Government Code Section 56425)."
The purpose
of a sphere of influence study is to provide the Commission information
needed to determine an agency's sphere of influence and to make recommendations
for local government reorganizations.
1.
Sphere of Influence - "A plan for the probable physical boundaries
and service area of a local government agency (Government Code Section
56076)." A sphere of influence will reflect the limits of probable
future growth of an agency during the applicable general plan period
or twenty years, whichever is more appropriate. A sphere "plan"
may also include recommendations for:
a. Annexation
or detachment of territory, or both.
b. Incorporation
of a new city.
c. Merger
of a special district with a city.
d. Consolidation
of a special district with one or more districts.
e. Formation
of a new district.
f. Dissolution
of an agency.
2.
Urban Services - Services necessary to support urban development,
including such services as water, sewer, fire and police protection.
3.
Urban Service Area - An area within a sphere of influence which
is either (1) already urbanized and receiving a combination of urban
services, or (2) designated by the applicable general plan for urban
development and capable of being provided with urban services within
the next five years. Such areas may be considered candidates for annexation
within the next five years.
4.
Urban Area - An area with residential development at a density which
requires a combination of urban services, and commercial or industrial
development which serves as a significant business or activity center.
5.
Factors to Determine a Sphere of Influence - The eight factors enumerated
in Government Code Section 56668, plus topography, street and road patterns,
school and other jurisdictional boundaries, adopted policies to preserve
agricultural lands and open space, and public comment from affected
agencies, community groups, and interested citizens.
1. The
Local Agency Formation Commission will use spheres of influence to discourage
inefficient development patterns and to encourage the orderly expansion
of local government agencies. Spheres of influence will be used to:
a. Provide
long-range guidelines for the efficient provision of services and
timely changes of governmental organization.
b. Discourage
duplication of services by two or more local government agencies.
c. Guide
the Commission in considering individual proposals for changes of
organization.
d. Identify
the need for specific reorganization studies.
2. The
Local Agency Formation Commission recognizes the planning accomplishments
of local agencies in the County. In developing spheres of influence,
the Local Agency Formation Commission will support those adopted plans,
and policies of local governments which encourage staged, cost-effective
development patterns and the efficient provision of services.
3. City
and County general plans will be a significant factor in determining
spheres of influence. Where a City's and the County's general plan for
the same area are inconsistent, the Local Agency Formation Commission
should encourage the affected agencies to resolve any inconsistencies.
In the event the inconsistency cannot be resolved, by law the final
decision for the Sphere of Influence must remain with LAFCO.
4. Because
of the importance of general plans in determining a sphere of influence,
the Local Agency Formation Commission will normally not allocate territory
to a city sphere of influence which is not included in that city's adopted
general plan. A Sphere of Influence may not include all territory within
a city's general plan area which bears some relation to the city's planning
but which at this time, is not anticipated to require a combination
of urban services.
5. The
Local Agency Formation Commission recognizes the limited usefulness
of long-term projections. Spheres of influence will identify probable
boundaries for an agency's expansion. Spheres willbe periodically revised
and updated to reflect changing conditions and circumstances.
6. Once
established, an agency's sphere of influence will be a primary guide
to the Commission in its decisions on individual proposals affecting
that agency. Before the Commission may approve a change of organization
inconsistent with the adopted sphere of influence, the Commission shall
amend the sphere of influence.
7. Although
an adopted sphere of influence is an important long-range guideline,
annexation of territory within a sphere of influence is not automatic.
The Commission will consider specific proposals for changes in organization
on an individual basis as required by law.
8. The
Local Agency Formation Commission will encourage the elimination or
consolidation of small, single-purpose special districts when a more
efficient alternative exists for providing the necessary services. Whenever
a combination of urban services is required, general purpose governments
or multi-services districts will be preferred to single-purpose districts.
9. When
more than one agency could serve an area, the agencies' services capabilities,
costs for providing services, and the desires of the affected community
will be key factors in determining a sphere of influence.
10. An
agency may be allocated a "zero sphere of influence" where
the Local Agency Formation Commission determines that the service responsibilities
and functions of the agency should be reassigned to another local government,
and that the agency assigned a "zero sphere of influence' should
be dissolved.
11. Proposals
for urban development within a city's sphere of influence should first
be considered for annexation to that city, unless such annexation would
create a "leapfrog" pattern of expansion with respect to existing
city boundaries.
12. In
an effort to promote cooperation among the land use agencies with jurisdiction
over lands in the Coastal Zone, any application to LAFCO for a sphere
of influence amendment regarding land in the Coastal Zone shall contain
the following information:
(1)
A statement that the staffs of the Coastal Commission and other land
use agencies with jurisdiction over the land which is the subject
of the application have reviewed and jointly discussed the sphere
of influence amendment application with respect to consistency with
applicable general plans, the Coastal Act, and local coastal programs.
The statement should also memorialize the results of the review.
(2)
A preliminary review and comments from the Coastal Commission staff
as to potential issues of Coastal Act consistency.
(3)
Review and comments from any other land use agency with jurisdiction,
through a Local Coastal Program or otherwise, over the land which
is the subject of the application including an analysis of consistency
of the proposed amendment with its general plan.
LAFCO
will consider consistency with the Coastal Act and the relevant general
plans in making its Sphere of Influence determination.
1. The
Local Agency Formation Commission will develop and determine a sphere
of influence for each local government agency in the County.
2. Spheres
of influence will be developed in the following order:
a. Incorporated
cities.
b. Unincorporated,
urbanized areas.
c. Special
districts serving non-urbanized areas of the County.
3. Local
government agencies will be requested to provide information which will
permit the Commission to consider the factors for determining a sphere
of influence. Such information will include:
a. The
limits of the area viewed by the agency as its "sphere of influence"
and the rationale.
b. Information
to identify and describe the agency's existing services and the agency's
plans for providing services both within its existing boundaries and
to any additional areas.
c. Information
to establish a need for the agency's services in additional areas,
based upon anticipated population growth, land use plans, or other
factors.
d. Relationship
of an agency's service plans to the applicable city or County general
plan.
4. The
Executive Officer will prepare a report to the Commission which provides
the following:
a. Description
of existing services and service capabilities.
b. Information
on existing land uses, adopted land use plans and policies, and projected
growth in the affected area.
c. An
analysis of the anticipated need for services and capability of the
affected agencies to provide those services.
d. Recommendations
for spheres of influence.
e. Recommendations
for specific reorganization studies or proposals.
5. The
Local Agency Formation Commission will adopt or amend a sphere of influence
following a public hearing. The Executive Officer will provide the notice
of hearing required by law to each affected local agency and the County,
and to any interested person who has requested such notice. Notice of
hearing will also be published in a newspaper of general circulation
in the area affected by the proposed sphere of influence.
6. The
Local Agency Formation Commission will periodically review and update
adopted spheres of influence. Spheres of influence may be amended by
the Commission on its own initiative or at the request of an affected
agency by resolution of its legislative body. In either case, the Commission
will consider amendment of a sphere of influence following a noticed
public hearing held for that purpose.