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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’S PURPOSES 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. LAFCos are 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’s role under CEQA as a Responsible Agency is limited • Categorical exemptions are tailored to LAFCo actions - Classes 19 and 20

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