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LAFCo 201 The Statutory and Legal Framework

LAFCo 201 The Statutory and Legal Framework. 2010 Annual CALAFCO Meeting Hilton Hotel, Palm Springs Scott Browne . LAFCo’S PURPOSES ARE TO . Encourage orderly boundaries and discourage urban sprawl Conserve agriculture and open space Promote efficient public services

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LAFCo 201 The Statutory and Legal Framework

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  1. LAFCo 201The Statutory and Legal Framework 2010 Annual CALAFCO Meeting Hilton Hotel, Palm Springs Scott Browne

  2. LAFCo’SPURPOSES ARE TO • Encourage orderly boundaries and discourage urban sprawl • Conserve agriculture and open space • Promote efficient public services • Consider regional housing needs, adequate water and other important legislative policies

  3. Recent Legislative Changes • Legislature continues to use LAFCo to promote particular policies • Recently Added provisions to factors LAFCo must consider: • Environmental Justice (56668(o)) • AB 853 service needs of “disadvantaged inhabited communities” (56425 (e)(2))

  4. LAFCosare Independent • State laws guide LAFCo action, but give broad discretion to Commission to apply law in light of local circumstances • LAFCo Decisions are legislative—Courts will defer to LAFCo decision as long as procedurally correct and consistent with state law • CKH Section 56325.1 mandates that Commissioners act independently of their appointing agency on behalf of the interest of the public as a whole.

  5. LAFCo Jurisdiction –pg 1 LAFCo has jurisdiction (approval authority) over: • Changes of Organization (56021) • Annexations • Consolidations and Mergers • Incorporations and District formations • Detachments and dissolutions • Changes in District service authority

  6. LAFCo Jurisdiction –pg 2 LAFCo has jurisdiction (approval authority) over: • Extensions of Service by Contract (56133) • Spheres of Influence (56425) • Municipal Service Reviews (MSR’s) (56430) LAFCo can initiate some changes of organization (56375(a)(2)) and initiates MSR’s and sphere updates

  7. LAFCo Authority • Within its jurisdiction, LAFCo has broad discretion to approve or disapprove projects • Can approve changes only if consistent with spheres of influence and Commission policies • LAFCo cannot directly impose regulations on land use but this does not mean LAFCo does not regulate land use • LAFCos can utilize their broad disapproval authority to encourage land use agencies to modify projects to make them consistent with LAFCo policies. • LAFCo has limited authority to directly impose conditions on its approval • LAFCo Approves Changes In Special District Services Authority

  8. LAFCo Authority to Impose Conditions • Section 56886 sets out LAFCo’s authority to condition its approval • Section contains a laundry list of authorized conditions, many of which are very narrow and some of which are broadly worded • Recent AG Opinion to Solano Supports Broad LAFCo fee conditioning authority) • 57200 (a)(2) authorizes LAFCo to make performance of conditions a prerequisite to completion of change of organization

  9. Environmental review of LAFCo decisions • Most LAFCo approvals are "projects" under CEQA • Pre-zoning makes a city the lead agency, and LAFCo then is a responsible agency • LAFCo’srole under CEQA as a Responsible Agency is limited • Categorical exemptions are tailored to LAFCo actions - Classes 19 and 20

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