State Codes and Statutes

Statutes > California > Gov > 56650-56668.5

GOVERNMENT CODE
SECTION 56650-56668.5



56650.  Commission proceedings for a change of organization or a
reorganization may be initiated by petition or by resolution of
application in accordance with this chapter.



56651.  Commission proceedings shall be deemed initiated on the date
a petition or resolution of application is accepted for filing and a
certificate of filing is issued by the executive officer of the
commission of the county in which the affected territory is located.



56652.  Each application shall be in the form as the commission may
prescribe and shall contain all of the following information:
   (a) A petition or resolution of application initiating the
proposal.
   (b) A statement of the nature of each proposal.
   (c) A map and description, acceptable to the executive officer, of
the boundaries of the subject territory for each proposed change of
organization or reorganization.
   (d) Any data and information as may be required by any regulation
of the commission.
   (e) Any additional data and information, as may be required by the
executive officer, pertaining to any of the matters or factors which
may be considered by the commission.
   (f) The names of the officers or persons, not to exceed three in
number, who are to be furnished with copies of the report by the
executive officer and who are to be given mailed notice of the
hearing.



56653.  (a) Whenever a local agency or school district submits a
resolution of application for a change of organization or
reorganization pursuant to this part, the local agency shall submit
with the resolution of application a plan for providing services
within the affected territory.
   (b) The plan for providing services shall include all of the
following information and any additional information required by the
commission or the executive officer:
   (1) An enumeration and description of the services to be extended
to the affected territory.
   (2) The level and range of those services.
   (3) An indication of when those services can feasibly be extended
to the affected territory.
   (4) An indication of any improvement 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.
   (5) Information with respect to how those services will be
financed.


56654.  (a) A proposal for a change of organization or a
reorganization may be made by the adoption of a resolution of
application by the legislative body of an affected local agency,
except as provided in subdivision (b).
   (b) Notwithstanding Section 56700, a proposal for a change of
organization that involves the exercise of new or different functions
or classes of services, or the divestiture of the power to provide
particular functions or classes of services, within all or part of
the jurisdictional boundaries of a special district, shall only be
initiated by the legislative body of that special district in
accordance with Sections 56824.10, 56824.12, and 56824.14.
   (c) At least 21 days before the adoption of the resolution, the
legislative body may give mailed notice of its intention to adopt a
resolution of application to the commission and to each interested
agency and each subject agency. The notice shall generally describe
the proposal and the affected territory.
   (d) Except for the provisions regarding signers and signatures, a
resolution of application shall contain all of the matters specified
for a petition in Section 56700 and shall be submitted with a plan
for services prepared pursuant to Section 56653.



56655.  If two or more proposals pending before the commission
conflict or in any way are inconsistent with each other, as
determined by the commission, the commission may determine the
relative priority for conducting any further proceedings based on any
of those proposals. That determination shall be included in the
terms and conditions imposed by the commission. In the absence of
that determination, priority is given to that proceeding which shall
be based upon the proposal first filed with the executive officer.



56657.  Notwithstanding Section 56655, the commission shall not
approve a proposal for incorporation, consolidation of districts,
dissolution, merger, or establishment of a subsidiary district, or a
reorganization that includes any of these changes of organization
until it has considered any other change of organization which
conflicts with the subject proposal and which was submitted to the
commission within 60 days of the submission of the subject proposal.



56658.  (a) Any petitioner or legislative body desiring to initiate
proceedings shall submit an application to the executive officer of
the principal county.
   (b) (1) Immediately after receiving an application and before
issuing a certificate of filing, the executive officer shall give
mailed notice that the application has been received to each
interested agency and each subject agency, the county committee on
school district organization, and each school superintendent whose
school district overlies the subject area. The notice shall generally
describe the proposal and the affected territory. The executive
officer shall not be required to give notice pursuant to this
subdivision if a local agency has already given notice pursuant to
subdivision (b) of Section 56654.
   (2) It is the intent of the Legislature that an incorporation
proposal shall be processed in a timely manner. With regard to an
application that includes an incorporation, the executive officer
shall immediately notify all affected local agencies and any
applicable state agencies by mail and request the affected agencies
to submit the required data to the commission within a reasonable
timeframe established by the executive officer. Each affected agency
shall respond to the executive officer within 15 days acknowledging
receipt of the request. Each affected local agency and the officers
and departments thereof shall submit the required data to the
executive officer within the timelines established by the executive
officer. Each affected state agency and the officers and departments
thereof shall submit the required data to the executive officer
within the timelines agreed upon by the executive officer and the
affected state departments.
   (c) If a special district is, or as a result of a proposal will
be, located in more than one county, the executive officer of the
principal county shall immediately give the executive officer of each
other affected county mailed notice that the application has been
received. The notice shall generally describe the proposal and the
affected territory.
   (d) Except when a commission is the lead agency pursuant to
Section 21067 of the Public Resources Code, the executive officer
shall determine within 30 days of receiving an application whether
the application is complete and acceptable for filing or whether the
application is incomplete.
   (e) The executive officer shall not accept an application for
filing and issue a certificate of filing for at least 20 days after
giving the mailed notice required by subdivision (b). The executive
officer shall not be required to comply with this subdivision in the
case of an application which meets the requirements of Section 56663
or in the case of an application for which a local agency has already
given notice pursuant to subdivision (b) of Section 56654.
   (f) If the appropriate fees have been paid, an application shall
be deemed accepted for filing if no determination has been made by
the executive officer within the 30-day period. An executive officer
shall accept for filing, and file, any application submitted in the
form prescribed by the commission and containing all of the
information and data required pursuant to Section 56652.
   (g) When an application is accepted for filing, the executive
officer shall immediately issue a certificate of filing to the
applicant. A certificate of filing shall be in the form prescribed by
the executive officer and shall specify the date upon which the
proposal shall be heard by the commission. From the date of issuance
of a certificate of filing, or the date upon which an application is
deemed to have been accepted, whichever is earlier, an application
shall be deemed filed pursuant to this division.
   (h) If an application is determined not to be complete, the
executive officer shall immediately transmit that determination to
the applicant specifying those parts of the application which are
incomplete and the manner in which they can be made complete.
   (i) Following the issuance of the certificate of filing, the
executive officer shall proceed to set the proposal for hearing and
give published notice thereof as provided in this part. The date of
the hearing shall be not more than 90 days after issuance of the
certificate of filing or after the application is deemed to have been
accepted, whichever is earlier. Notwithstanding Section 56106, the
date for conducting the hearing, as determined pursuant to this
subdivision, is mandatory.



56660.  The executive officer shall give notice of any hearing by
the commission by publication, as provided in Sections 56153 and
56154, and by posting, as provided in Sections 56158 and 56159.



56661.  To the extent that the commission maintains an Internet Web
site, notice of all public hearings shall be made available in
electronic format on that site. The executive officer shall also give
mailed notice of any hearing by the commission, as provided in
Sections 56155 to 56157, inclusive, by mailing notice of the hearing
or transmitting by electronic mail, if available to the recipient, to
all of the following persons and entities:
   (a) To each affected local agency by giving notice to the
legislative body and the executive officer of the agency.
   (b) To the proponents, if any.
   (c) To each person who has filed a written request for special
notice with the executive officer.
   (d) If the proposal is for any annexation or detachment, or for a
reorganization providing for the formation of a new district, to each
city within three miles of the exterior boundaries of the territory
proposed to be annexed, detached, or formed into a new district.
   (e) If the proposal is to incorporate a new city or for the
formation of a district, to the affected county.
   (f) If the proposal includes a change of organization or
reorganization of a city or special district that provides or would
provide structural fire protection services and all or part of the
affected territory is a state responsibility area, as determined
pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of
Part 2 of Division 4 of the Public Resources Code, to the Director of
Forestry and Fire Protection.
   (g) If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), to the Director of Conservation.
   (h) To all landowners within the affected territory pursuant to
the provisions of subdivision (d) of Section 56157.
   (i) To all registered voters within the affected territory
pursuant to the provisions of subdivision (f) of Section 56157.



56662.  (a) The commission may make either of the following
determinations without notice and hearing:
   (1) Subject to the limitations of Section 56663, approval or
disapproval of a proposal for an annexation, detachment, or
reorganization which consists solely of annexations or detachments,
or both.
   (2) Subject to the limitations of Section 56663, approval or
disapproval of the formation of a county service area.
   (b) Except for the determinations authorized to be made by
subdivision (a), the commission shall not make any determinations
upon any proposal, plan of reorganization, or report and
recommendation of a reorganization committee until after public
hearing by the commission on that proposal, plan of reorganization,
or report and recommendation of a reorganization committee.




56663.  (a) If a petition for an annexation, a detachment, or a
reorganization consisting solely of annexations or detachments, or
both, or the formation of a county service area is signed by all of
the owners of land within the affected territory of the proposed
change of organization or reorganization, or if a resolution of
application by a legislative body of an affected district, affected
county, or affected city making a proposal for an annexation or
detachment, or for a reorganization consisting solely of annexations
or detachments, or both, or the formation of a county service area is
accompanied by proof, satisfactory to the commission, that all the
owners of land within the affected territory have given their written
consent to that change of organization or reorganization, the
commission may approve or disapprove the change of organization or
reorganization, without notice and hearing by the commission. In
those cases, the commission may also approve and conduct proceedings
for the change of organization or reorganization under any of the
following conditions:
   (1) Without notice and hearing.
   (2) Without an election.
   (3) Without notice, hearing, or an election.
   (b) The executive officer shall give any affected agency mailed
notice of the filing of the petition or resolution of application
initiating proceedings by the commission. The commission shall not,
without the written consent of the subject agency, take any further
action on the petition or resolution of application for 10 days
following that mailing. Upon written demand by an affected local
agency, filed with the executive officer during that 10-day period,
the commission shall make determinations upon the petition or
resolution of application only after notice and hearing on the
petition or resolution of application. If no written demand is filed,
the commission may make those determinations without notice and
hearing. By written consent, which may be filed with the executive
officer at any time, a subject agency may do any of the following:
   (1) Waive the requirement of mailed notice.
   (2) Consent to the commission making determinations without notice
and hearing.
   (3) Waive the requirement of mailed notice and consent to the
commission making determinations without notice and hearing.
   (c) In the case of uninhabited territory, the commission may waive
protest proceedings pursuant to Part 4 (commencing with Section
57000) entirely if both of the following apply:
   (1) All the owners of land within the affected territory have
given their written consent to the change of organization or
reorganization, or in the case of private railroad companies, no
private railroad company that is an owner of land within the affected
territory has submitted written opposition to a waiver of protest
proceedings prior to the conclusion of the commission hearing.
   (2) No subject agency has submitted written opposition to a waiver
of protest proceedings.
   (d) In the case of inhabited city and district annexations or
detachments, or both, the commission may waive protest proceedings
pursuant to Part 4 (commencing with Section 57000) entirely if both
of the following conditions apply:
   (1) The commission has provided written notice of commission
proceedings 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 commission hearing. The written notice shall
disclose to the registered voters and landowners that unless written
opposition is received regarding the proposal or the commission's
intention to waive protest proceedings, that there will be no
subsequent protest and election proceedings.
   (2) No subject agency has submitted written opposition to a waiver
of protest proceedings.



56664.  Where the commission desires to provide for notice and
hearing prior to making a determination on a matter which the
commission is authorized, but not required, to determine without
notice and hearing, the commission shall order a public hearing on
that matter and set a date, time, and place for the hearing. The date
of hearing shall not be more than 90 days after the date of the
order.


56665.  The executive officer shall review each application which is
filed with the executive officer and shall prepare a report,
including his or her recommendations, on the application. The report
shall be completed not less than five days prior to the date
specified in the notice of hearing. Upon completion, the executive
officer shall furnish copies of the report to each of the following:
   (a) The officers or persons designated in the application.
   (b) Each local agency whose boundaries or sphere of influence
would be changed by the proposal or recommendation.
   (c) Each affected local agency which has filed a request for a
report with the executive officer.
   (d) The executive officer of another affected county when a
district is or will be located in that other county.
   (e) Each affected city.



56666.  (a) The hearing shall be held by the commission upon the
date and at the time and place specified. The hearing may be
continued from time to time but not to exceed 70 days from the date
specified in the original notice.
   (b) At the hearing, the commission shall hear and receive any oral
or written protests, objections, or evidence that shall be made,
presented, or filed, and consider the report of the executive officer
and the plan for providing services to the territory prepared
pursuant to Section 56653.
   (c) Prior to any continuance of a hearing pursuant to this section
regarding a proposal that includes an incorporation, the chief
petitioners shall have an opportunity to address the commission on
any potential impacts or hardships on the incorporation effort that
may result from a delay. The commission shall consider the potential
impacts on the incorporation proponents prior to making a decision on
the duration of any continuance.



56667.  If the report filed pursuant to Section 56665 indicates that
more than 50 percent of the land proposed for incorporation is owned
by or dedicated to the use of a city or county and that the proposed
incorporation would result in a revenue loss to that city or county,
and at the hearing held pursuant to Section 56666 the board of
supervisors of the county or city council of the city presents a
resolution objecting to the incorporation, no further proceedings
shall be conducted by the commission and no new proposal involving
incorporation of substantially the same territory shall be initiated
for one year.
   In the absence of a resolution of objection from a city or county,
the commission may approve the proposal only if it imposes as a
condition thereto that the newly incorporated city may not adopt any
regulation or policy which would have a negative fiscal impact on any
contract existing at the time of the incorporation which is related
to the publicly owned land.
   This section shall not preclude the completion of proceedings to
incorporate territory which is the subject of incorporation
proceedings filed with the executive officer of the commission prior
to February 15, 1986.



56668.  Factors to be considered in the review of a proposal shall
include, but not be limited to, all of the following:
   (a) Population and population density; land area and land use; per
capita assessed valuation; topography, natural boundaries, and
drainage basins; proximity to other populated areas; the likelihood
of significant growth in the area, and in adjacent incorporated and
unincorporated areas, during the next 10 years.
   (b) The need for organized community services; the present cost
and adequacy of governmental services and controls in the area;
probable future needs for those services and controls; probable
effect of the proposed incorporation, formation, annexation, or
exclusion and of alternative courses of action on the cost and
adequacy of services and controls in the area and adjacent areas.
   "Services," as used in this subdivision, refers to governmental
services whether or not the services are services which would be
provided by local agencies subject to this division, and includes the
public facilities necessary to provide those services.
   (c) The effect of the proposed action and of alternative actions,
on adjacent areas, on mutual social and economic interests, and on
the local governmental structure of the county.
   (d) The conformity of both the proposal and its anticipated
effects with both the adopted commission policies on providing
planned, orderly, efficient patterns of urban development, and the
policies and priorities in Section 56377.
   (e) The effect of the proposal on maintaining the physical and
economic integrity of agricultural lands, as defined by Section
56016.
   (f) The definiteness and certainty of the boundaries of the
territory, the nonconformance of proposed boundaries with lines of
assessment or ownership, the creation of islands or corridors of
unincorporated territory, and other similar matters affecting the
proposed boundaries.
   (g) A regional transportation plan adopted pursuant to Section
65080, and its consistency with city or county general and specific
plans.
   (h) The sphere of influence of any local agency which may be
applicable to the proposal being reviewed.
   (i) The comments of any affected local agency or other public
agency.
   (j) The ability of the newly formed or receiving entity to provide
the services which are the subject of the application to the area,
including the sufficiency of revenues for those services following
the proposed boundary change.
   (k) Timely availability of water supplies adequate for projected
needs as specified in Section 65352.5.
   (l) The extent to which the proposal will affect a city or cities
and the county in achieving their respective fair shares of the
regional housing needs as determined by the appropriate council of
governments consistent with Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7.
   (m) Any information or comments from the landowner or owners,
voters, or residents of the affected territory.
   (n) Any information relating to existing land use designations.
   (o) The extent to which the proposal will promote environmental
justice. As used in this subdivision, "environmental justice" means
the fair treatment of people of all races, cultures, and incomes with
respect to the location of public facilities and the provision of
public services.



56668.3.  (a) If the proposed change of organization or
reorganization includes a city detachment or district annexation,
except a special reorganization, and the proceeding has not been
terminated based upon receipt of a resolution requesting termination
pursuant to either Section 56751 or Section 56857, factors to be
considered by the commission shall include all of the following:
   (1) In the case of district annexation, whether the proposed
annexation will be for the interest of landowners or present or
future inhabitants within the district and within the territory
proposed to be annexed to the district.
   (2) In the case of a city detachment, whether the proposed
detachment will be for the interest of the landowners or present or
future inhabitants within the city and within the territory proposed
to be detached from the city.
   (3) Any factors which may be considered by the commission as
provided in Section 56668.
   (4) Any resolution raising objections to the action that may be
filed by an affected agency.
   (5) Any other matters which the commission deems material.
   (b) The commission shall give great weight to any resolution
raising objections to the action that is filed by a city or a
district. The commission's consideration shall be based only on
financial or service related concerns expressed in the protest.
Except for findings regarding the value of written protests, the
commission is not required to make any express findings concerning
any of the factors considered by the commission.



56668.5.  The commission may, but is not required to, consider the
regional growth goals and policies established by a collaboration of
elected officials only, formally representing their local
jurisdictions in an official capacity on a regional or subregional
basis. This section does not grant any new powers or authority to the
commission or any other body to establish regional growth goals and
policies independent of the powers granted by other laws.


State Codes and Statutes

Statutes > California > Gov > 56650-56668.5

GOVERNMENT CODE
SECTION 56650-56668.5



56650.  Commission proceedings for a change of organization or a
reorganization may be initiated by petition or by resolution of
application in accordance with this chapter.



56651.  Commission proceedings shall be deemed initiated on the date
a petition or resolution of application is accepted for filing and a
certificate of filing is issued by the executive officer of the
commission of the county in which the affected territory is located.



56652.  Each application shall be in the form as the commission may
prescribe and shall contain all of the following information:
   (a) A petition or resolution of application initiating the
proposal.
   (b) A statement of the nature of each proposal.
   (c) A map and description, acceptable to the executive officer, of
the boundaries of the subject territory for each proposed change of
organization or reorganization.
   (d) Any data and information as may be required by any regulation
of the commission.
   (e) Any additional data and information, as may be required by the
executive officer, pertaining to any of the matters or factors which
may be considered by the commission.
   (f) The names of the officers or persons, not to exceed three in
number, who are to be furnished with copies of the report by the
executive officer and who are to be given mailed notice of the
hearing.



56653.  (a) Whenever a local agency or school district submits a
resolution of application for a change of organization or
reorganization pursuant to this part, the local agency shall submit
with the resolution of application a plan for providing services
within the affected territory.
   (b) The plan for providing services shall include all of the
following information and any additional information required by the
commission or the executive officer:
   (1) An enumeration and description of the services to be extended
to the affected territory.
   (2) The level and range of those services.
   (3) An indication of when those services can feasibly be extended
to the affected territory.
   (4) An indication of any improvement 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.
   (5) Information with respect to how those services will be
financed.


56654.  (a) A proposal for a change of organization or a
reorganization may be made by the adoption of a resolution of
application by the legislative body of an affected local agency,
except as provided in subdivision (b).
   (b) Notwithstanding Section 56700, a proposal for a change of
organization that involves the exercise of new or different functions
or classes of services, or the divestiture of the power to provide
particular functions or classes of services, within all or part of
the jurisdictional boundaries of a special district, shall only be
initiated by the legislative body of that special district in
accordance with Sections 56824.10, 56824.12, and 56824.14.
   (c) At least 21 days before the adoption of the resolution, the
legislative body may give mailed notice of its intention to adopt a
resolution of application to the commission and to each interested
agency and each subject agency. The notice shall generally describe
the proposal and the affected territory.
   (d) Except for the provisions regarding signers and signatures, a
resolution of application shall contain all of the matters specified
for a petition in Section 56700 and shall be submitted with a plan
for services prepared pursuant to Section 56653.



56655.  If two or more proposals pending before the commission
conflict or in any way are inconsistent with each other, as
determined by the commission, the commission may determine the
relative priority for conducting any further proceedings based on any
of those proposals. That determination shall be included in the
terms and conditions imposed by the commission. In the absence of
that determination, priority is given to that proceeding which shall
be based upon the proposal first filed with the executive officer.



56657.  Notwithstanding Section 56655, the commission shall not
approve a proposal for incorporation, consolidation of districts,
dissolution, merger, or establishment of a subsidiary district, or a
reorganization that includes any of these changes of organization
until it has considered any other change of organization which
conflicts with the subject proposal and which was submitted to the
commission within 60 days of the submission of the subject proposal.



56658.  (a) Any petitioner or legislative body desiring to initiate
proceedings shall submit an application to the executive officer of
the principal county.
   (b) (1) Immediately after receiving an application and before
issuing a certificate of filing, the executive officer shall give
mailed notice that the application has been received to each
interested agency and each subject agency, the county committee on
school district organization, and each school superintendent whose
school district overlies the subject area. The notice shall generally
describe the proposal and the affected territory. The executive
officer shall not be required to give notice pursuant to this
subdivision if a local agency has already given notice pursuant to
subdivision (b) of Section 56654.
   (2) It is the intent of the Legislature that an incorporation
proposal shall be processed in a timely manner. With regard to an
application that includes an incorporation, the executive officer
shall immediately notify all affected local agencies and any
applicable state agencies by mail and request the affected agencies
to submit the required data to the commission within a reasonable
timeframe established by the executive officer. Each affected agency
shall respond to the executive officer within 15 days acknowledging
receipt of the request. Each affected local agency and the officers
and departments thereof shall submit the required data to the
executive officer within the timelines established by the executive
officer. Each affected state agency and the officers and departments
thereof shall submit the required data to the executive officer
within the timelines agreed upon by the executive officer and the
affected state departments.
   (c) If a special district is, or as a result of a proposal will
be, located in more than one county, the executive officer of the
principal county shall immediately give the executive officer of each
other affected county mailed notice that the application has been
received. The notice shall generally describe the proposal and the
affected territory.
   (d) Except when a commission is the lead agency pursuant to
Section 21067 of the Public Resources Code, the executive officer
shall determine within 30 days of receiving an application whether
the application is complete and acceptable for filing or whether the
application is incomplete.
   (e) The executive officer shall not accept an application for
filing and issue a certificate of filing for at least 20 days after
giving the mailed notice required by subdivision (b). The executive
officer shall not be required to comply with this subdivision in the
case of an application which meets the requirements of Section 56663
or in the case of an application for which a local agency has already
given notice pursuant to subdivision (b) of Section 56654.
   (f) If the appropriate fees have been paid, an application shall
be deemed accepted for filing if no determination has been made by
the executive officer within the 30-day period. An executive officer
shall accept for filing, and file, any application submitted in the
form prescribed by the commission and containing all of the
information and data required pursuant to Section 56652.
   (g) When an application is accepted for filing, the executive
officer shall immediately issue a certificate of filing to the
applicant. A certificate of filing shall be in the form prescribed by
the executive officer and shall specify the date upon which the
proposal shall be heard by the commission. From the date of issuance
of a certificate of filing, or the date upon which an application is
deemed to have been accepted, whichever is earlier, an application
shall be deemed filed pursuant to this division.
   (h) If an application is determined not to be complete, the
executive officer shall immediately transmit that determination to
the applicant specifying those parts of the application which are
incomplete and the manner in which they can be made complete.
   (i) Following the issuance of the certificate of filing, the
executive officer shall proceed to set the proposal for hearing and
give published notice thereof as provided in this part. The date of
the hearing shall be not more than 90 days after issuance of the
certificate of filing or after the application is deemed to have been
accepted, whichever is earlier. Notwithstanding Section 56106, the
date for conducting the hearing, as determined pursuant to this
subdivision, is mandatory.



56660.  The executive officer shall give notice of any hearing by
the commission by publication, as provided in Sections 56153 and
56154, and by posting, as provided in Sections 56158 and 56159.



56661.  To the extent that the commission maintains an Internet Web
site, notice of all public hearings shall be made available in
electronic format on that site. The executive officer shall also give
mailed notice of any hearing by the commission, as provided in
Sections 56155 to 56157, inclusive, by mailing notice of the hearing
or transmitting by electronic mail, if available to the recipient, to
all of the following persons and entities:
   (a) To each affected local agency by giving notice to the
legislative body and the executive officer of the agency.
   (b) To the proponents, if any.
   (c) To each person who has filed a written request for special
notice with the executive officer.
   (d) If the proposal is for any annexation or detachment, or for a
reorganization providing for the formation of a new district, to each
city within three miles of the exterior boundaries of the territory
proposed to be annexed, detached, or formed into a new district.
   (e) If the proposal is to incorporate a new city or for the
formation of a district, to the affected county.
   (f) If the proposal includes a change of organization or
reorganization of a city or special district that provides or would
provide structural fire protection services and all or part of the
affected territory is a state responsibility area, as determined
pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of
Part 2 of Division 4 of the Public Resources Code, to the Director of
Forestry and Fire Protection.
   (g) If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), to the Director of Conservation.
   (h) To all landowners within the affected territory pursuant to
the provisions of subdivision (d) of Section 56157.
   (i) To all registered voters within the affected territory
pursuant to the provisions of subdivision (f) of Section 56157.



56662.  (a) The commission may make either of the following
determinations without notice and hearing:
   (1) Subject to the limitations of Section 56663, approval or
disapproval of a proposal for an annexation, detachment, or
reorganization which consists solely of annexations or detachments,
or both.
   (2) Subject to the limitations of Section 56663, approval or
disapproval of the formation of a county service area.
   (b) Except for the determinations authorized to be made by
subdivision (a), the commission shall not make any determinations
upon any proposal, plan of reorganization, or report and
recommendation of a reorganization committee until after public
hearing by the commission on that proposal, plan of reorganization,
or report and recommendation of a reorganization committee.




56663.  (a) If a petition for an annexation, a detachment, or a
reorganization consisting solely of annexations or detachments, or
both, or the formation of a county service area is signed by all of
the owners of land within the affected territory of the proposed
change of organization or reorganization, or if a resolution of
application by a legislative body of an affected district, affected
county, or affected city making a proposal for an annexation or
detachment, or for a reorganization consisting solely of annexations
or detachments, or both, or the formation of a county service area is
accompanied by proof, satisfactory to the commission, that all the
owners of land within the affected territory have given their written
consent to that change of organization or reorganization, the
commission may approve or disapprove the change of organization or
reorganization, without notice and hearing by the commission. In
those cases, the commission may also approve and conduct proceedings
for the change of organization or reorganization under any of the
following conditions:
   (1) Without notice and hearing.
   (2) Without an election.
   (3) Without notice, hearing, or an election.
   (b) The executive officer shall give any affected agency mailed
notice of the filing of the petition or resolution of application
initiating proceedings by the commission. The commission shall not,
without the written consent of the subject agency, take any further
action on the petition or resolution of application for 10 days
following that mailing. Upon written demand by an affected local
agency, filed with the executive officer during that 10-day period,
the commission shall make determinations upon the petition or
resolution of application only after notice and hearing on the
petition or resolution of application. If no written demand is filed,
the commission may make those determinations without notice and
hearing. By written consent, which may be filed with the executive
officer at any time, a subject agency may do any of the following:
   (1) Waive the requirement of mailed notice.
   (2) Consent to the commission making determinations without notice
and hearing.
   (3) Waive the requirement of mailed notice and consent to the
commission making determinations without notice and hearing.
   (c) In the case of uninhabited territory, the commission may waive
protest proceedings pursuant to Part 4 (commencing with Section
57000) entirely if both of the following apply:
   (1) All the owners of land within the affected territory have
given their written consent to the change of organization or
reorganization, or in the case of private railroad companies, no
private railroad company that is an owner of land within the affected
territory has submitted written opposition to a waiver of protest
proceedings prior to the conclusion of the commission hearing.
   (2) No subject agency has submitted written opposition to a waiver
of protest proceedings.
   (d) In the case of inhabited city and district annexations or
detachments, or both, the commission may waive protest proceedings
pursuant to Part 4 (commencing with Section 57000) entirely if both
of the following conditions apply:
   (1) The commission has provided written notice of commission
proceedings 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 commission hearing. The written notice shall
disclose to the registered voters and landowners that unless written
opposition is received regarding the proposal or the commission's
intention to waive protest proceedings, that there will be no
subsequent protest and election proceedings.
   (2) No subject agency has submitted written opposition to a waiver
of protest proceedings.



56664.  Where the commission desires to provide for notice and
hearing prior to making a determination on a matter which the
commission is authorized, but not required, to determine without
notice and hearing, the commission shall order a public hearing on
that matter and set a date, time, and place for the hearing. The date
of hearing shall not be more than 90 days after the date of the
order.


56665.  The executive officer shall review each application which is
filed with the executive officer and shall prepare a report,
including his or her recommendations, on the application. The report
shall be completed not less than five days prior to the date
specified in the notice of hearing. Upon completion, the executive
officer shall furnish copies of the report to each of the following:
   (a) The officers or persons designated in the application.
   (b) Each local agency whose boundaries or sphere of influence
would be changed by the proposal or recommendation.
   (c) Each affected local agency which has filed a request for a
report with the executive officer.
   (d) The executive officer of another affected county when a
district is or will be located in that other county.
   (e) Each affected city.



56666.  (a) The hearing shall be held by the commission upon the
date and at the time and place specified. The hearing may be
continued from time to time but not to exceed 70 days from the date
specified in the original notice.
   (b) At the hearing, the commission shall hear and receive any oral
or written protests, objections, or evidence that shall be made,
presented, or filed, and consider the report of the executive officer
and the plan for providing services to the territory prepared
pursuant to Section 56653.
   (c) Prior to any continuance of a hearing pursuant to this section
regarding a proposal that includes an incorporation, the chief
petitioners shall have an opportunity to address the commission on
any potential impacts or hardships on the incorporation effort that
may result from a delay. The commission shall consider the potential
impacts on the incorporation proponents prior to making a decision on
the duration of any continuance.



56667.  If the report filed pursuant to Section 56665 indicates that
more than 50 percent of the land proposed for incorporation is owned
by or dedicated to the use of a city or county and that the proposed
incorporation would result in a revenue loss to that city or county,
and at the hearing held pursuant to Section 56666 the board of
supervisors of the county or city council of the city presents a
resolution objecting to the incorporation, no further proceedings
shall be conducted by the commission and no new proposal involving
incorporation of substantially the same territory shall be initiated
for one year.
   In the absence of a resolution of objection from a city or county,
the commission may approve the proposal only if it imposes as a
condition thereto that the newly incorporated city may not adopt any
regulation or policy which would have a negative fiscal impact on any
contract existing at the time of the incorporation which is related
to the publicly owned land.
   This section shall not preclude the completion of proceedings to
incorporate territory which is the subject of incorporation
proceedings filed with the executive officer of the commission prior
to February 15, 1986.



56668.  Factors to be considered in the review of a proposal shall
include, but not be limited to, all of the following:
   (a) Population and population density; land area and land use; per
capita assessed valuation; topography, natural boundaries, and
drainage basins; proximity to other populated areas; the likelihood
of significant growth in the area, and in adjacent incorporated and
unincorporated areas, during the next 10 years.
   (b) The need for organized community services; the present cost
and adequacy of governmental services and controls in the area;
probable future needs for those services and controls; probable
effect of the proposed incorporation, formation, annexation, or
exclusion and of alternative courses of action on the cost and
adequacy of services and controls in the area and adjacent areas.
   "Services," as used in this subdivision, refers to governmental
services whether or not the services are services which would be
provided by local agencies subject to this division, and includes the
public facilities necessary to provide those services.
   (c) The effect of the proposed action and of alternative actions,
on adjacent areas, on mutual social and economic interests, and on
the local governmental structure of the county.
   (d) The conformity of both the proposal and its anticipated
effects with both the adopted commission policies on providing
planned, orderly, efficient patterns of urban development, and the
policies and priorities in Section 56377.
   (e) The effect of the proposal on maintaining the physical and
economic integrity of agricultural lands, as defined by Section
56016.
   (f) The definiteness and certainty of the boundaries of the
territory, the nonconformance of proposed boundaries with lines of
assessment or ownership, the creation of islands or corridors of
unincorporated territory, and other similar matters affecting the
proposed boundaries.
   (g) A regional transportation plan adopted pursuant to Section
65080, and its consistency with city or county general and specific
plans.
   (h) The sphere of influence of any local agency which may be
applicable to the proposal being reviewed.
   (i) The comments of any affected local agency or other public
agency.
   (j) The ability of the newly formed or receiving entity to provide
the services which are the subject of the application to the area,
including the sufficiency of revenues for those services following
the proposed boundary change.
   (k) Timely availability of water supplies adequate for projected
needs as specified in Section 65352.5.
   (l) The extent to which the proposal will affect a city or cities
and the county in achieving their respective fair shares of the
regional housing needs as determined by the appropriate council of
governments consistent with Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7.
   (m) Any information or comments from the landowner or owners,
voters, or residents of the affected territory.
   (n) Any information relating to existing land use designations.
   (o) The extent to which the proposal will promote environmental
justice. As used in this subdivision, "environmental justice" means
the fair treatment of people of all races, cultures, and incomes with
respect to the location of public facilities and the provision of
public services.



56668.3.  (a) If the proposed change of organization or
reorganization includes a city detachment or district annexation,
except a special reorganization, and the proceeding has not been
terminated based upon receipt of a resolution requesting termination
pursuant to either Section 56751 or Section 56857, factors to be
considered by the commission shall include all of the following:
   (1) In the case of district annexation, whether the proposed
annexation will be for the interest of landowners or present or
future inhabitants within the district and within the territory
proposed to be annexed to the district.
   (2) In the case of a city detachment, whether the proposed
detachment will be for the interest of the landowners or present or
future inhabitants within the city and within the territory proposed
to be detached from the city.
   (3) Any factors which may be considered by the commission as
provided in Section 56668.
   (4) Any resolution raising objections to the action that may be
filed by an affected agency.
   (5) Any other matters which the commission deems material.
   (b) The commission shall give great weight to any resolution
raising objections to the action that is filed by a city or a
district. The commission's consideration shall be based only on
financial or service related concerns expressed in the protest.
Except for findings regarding the value of written protests, the
commission is not required to make any express findings concerning
any of the factors considered by the commission.



56668.5.  The commission may, but is not required to, consider the
regional growth goals and policies established by a collaboration of
elected officials only, formally representing their local
jurisdictions in an official capacity on a regional or subregional
basis. This section does not grant any new powers or authority to the
commission or any other body to establish regional growth goals and
policies independent of the powers granted by other laws.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 56650-56668.5

GOVERNMENT CODE
SECTION 56650-56668.5



56650.  Commission proceedings for a change of organization or a
reorganization may be initiated by petition or by resolution of
application in accordance with this chapter.



56651.  Commission proceedings shall be deemed initiated on the date
a petition or resolution of application is accepted for filing and a
certificate of filing is issued by the executive officer of the
commission of the county in which the affected territory is located.



56652.  Each application shall be in the form as the commission may
prescribe and shall contain all of the following information:
   (a) A petition or resolution of application initiating the
proposal.
   (b) A statement of the nature of each proposal.
   (c) A map and description, acceptable to the executive officer, of
the boundaries of the subject territory for each proposed change of
organization or reorganization.
   (d) Any data and information as may be required by any regulation
of the commission.
   (e) Any additional data and information, as may be required by the
executive officer, pertaining to any of the matters or factors which
may be considered by the commission.
   (f) The names of the officers or persons, not to exceed three in
number, who are to be furnished with copies of the report by the
executive officer and who are to be given mailed notice of the
hearing.



56653.  (a) Whenever a local agency or school district submits a
resolution of application for a change of organization or
reorganization pursuant to this part, the local agency shall submit
with the resolution of application a plan for providing services
within the affected territory.
   (b) The plan for providing services shall include all of the
following information and any additional information required by the
commission or the executive officer:
   (1) An enumeration and description of the services to be extended
to the affected territory.
   (2) The level and range of those services.
   (3) An indication of when those services can feasibly be extended
to the affected territory.
   (4) An indication of any improvement 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.
   (5) Information with respect to how those services will be
financed.


56654.  (a) A proposal for a change of organization or a
reorganization may be made by the adoption of a resolution of
application by the legislative body of an affected local agency,
except as provided in subdivision (b).
   (b) Notwithstanding Section 56700, a proposal for a change of
organization that involves the exercise of new or different functions
or classes of services, or the divestiture of the power to provide
particular functions or classes of services, within all or part of
the jurisdictional boundaries of a special district, shall only be
initiated by the legislative body of that special district in
accordance with Sections 56824.10, 56824.12, and 56824.14.
   (c) At least 21 days before the adoption of the resolution, the
legislative body may give mailed notice of its intention to adopt a
resolution of application to the commission and to each interested
agency and each subject agency. The notice shall generally describe
the proposal and the affected territory.
   (d) Except for the provisions regarding signers and signatures, a
resolution of application shall contain all of the matters specified
for a petition in Section 56700 and shall be submitted with a plan
for services prepared pursuant to Section 56653.



56655.  If two or more proposals pending before the commission
conflict or in any way are inconsistent with each other, as
determined by the commission, the commission may determine the
relative priority for conducting any further proceedings based on any
of those proposals. That determination shall be included in the
terms and conditions imposed by the commission. In the absence of
that determination, priority is given to that proceeding which shall
be based upon the proposal first filed with the executive officer.



56657.  Notwithstanding Section 56655, the commission shall not
approve a proposal for incorporation, consolidation of districts,
dissolution, merger, or establishment of a subsidiary district, or a
reorganization that includes any of these changes of organization
until it has considered any other change of organization which
conflicts with the subject proposal and which was submitted to the
commission within 60 days of the submission of the subject proposal.



56658.  (a) Any petitioner or legislative body desiring to initiate
proceedings shall submit an application to the executive officer of
the principal county.
   (b) (1) Immediately after receiving an application and before
issuing a certificate of filing, the executive officer shall give
mailed notice that the application has been received to each
interested agency and each subject agency, the county committee on
school district organization, and each school superintendent whose
school district overlies the subject area. The notice shall generally
describe the proposal and the affected territory. The executive
officer shall not be required to give notice pursuant to this
subdivision if a local agency has already given notice pursuant to
subdivision (b) of Section 56654.
   (2) It is the intent of the Legislature that an incorporation
proposal shall be processed in a timely manner. With regard to an
application that includes an incorporation, the executive officer
shall immediately notify all affected local agencies and any
applicable state agencies by mail and request the affected agencies
to submit the required data to the commission within a reasonable
timeframe established by the executive officer. Each affected agency
shall respond to the executive officer within 15 days acknowledging
receipt of the request. Each affected local agency and the officers
and departments thereof shall submit the required data to the
executive officer within the timelines established by the executive
officer. Each affected state agency and the officers and departments
thereof shall submit the required data to the executive officer
within the timelines agreed upon by the executive officer and the
affected state departments.
   (c) If a special district is, or as a result of a proposal will
be, located in more than one county, the executive officer of the
principal county shall immediately give the executive officer of each
other affected county mailed notice that the application has been
received. The notice shall generally describe the proposal and the
affected territory.
   (d) Except when a commission is the lead agency pursuant to
Section 21067 of the Public Resources Code, the executive officer
shall determine within 30 days of receiving an application whether
the application is complete and acceptable for filing or whether the
application is incomplete.
   (e) The executive officer shall not accept an application for
filing and issue a certificate of filing for at least 20 days after
giving the mailed notice required by subdivision (b). The executive
officer shall not be required to comply with this subdivision in the
case of an application which meets the requirements of Section 56663
or in the case of an application for which a local agency has already
given notice pursuant to subdivision (b) of Section 56654.
   (f) If the appropriate fees have been paid, an application shall
be deemed accepted for filing if no determination has been made by
the executive officer within the 30-day period. An executive officer
shall accept for filing, and file, any application submitted in the
form prescribed by the commission and containing all of the
information and data required pursuant to Section 56652.
   (g) When an application is accepted for filing, the executive
officer shall immediately issue a certificate of filing to the
applicant. A certificate of filing shall be in the form prescribed by
the executive officer and shall specify the date upon which the
proposal shall be heard by the commission. From the date of issuance
of a certificate of filing, or the date upon which an application is
deemed to have been accepted, whichever is earlier, an application
shall be deemed filed pursuant to this division.
   (h) If an application is determined not to be complete, the
executive officer shall immediately transmit that determination to
the applicant specifying those parts of the application which are
incomplete and the manner in which they can be made complete.
   (i) Following the issuance of the certificate of filing, the
executive officer shall proceed to set the proposal for hearing and
give published notice thereof as provided in this part. The date of
the hearing shall be not more than 90 days after issuance of the
certificate of filing or after the application is deemed to have been
accepted, whichever is earlier. Notwithstanding Section 56106, the
date for conducting the hearing, as determined pursuant to this
subdivision, is mandatory.



56660.  The executive officer shall give notice of any hearing by
the commission by publication, as provided in Sections 56153 and
56154, and by posting, as provided in Sections 56158 and 56159.



56661.  To the extent that the commission maintains an Internet Web
site, notice of all public hearings shall be made available in
electronic format on that site. The executive officer shall also give
mailed notice of any hearing by the commission, as provided in
Sections 56155 to 56157, inclusive, by mailing notice of the hearing
or transmitting by electronic mail, if available to the recipient, to
all of the following persons and entities:
   (a) To each affected local agency by giving notice to the
legislative body and the executive officer of the agency.
   (b) To the proponents, if any.
   (c) To each person who has filed a written request for special
notice with the executive officer.
   (d) If the proposal is for any annexation or detachment, or for a
reorganization providing for the formation of a new district, to each
city within three miles of the exterior boundaries of the territory
proposed to be annexed, detached, or formed into a new district.
   (e) If the proposal is to incorporate a new city or for the
formation of a district, to the affected county.
   (f) If the proposal includes a change of organization or
reorganization of a city or special district that provides or would
provide structural fire protection services and all or part of the
affected territory is a state responsibility area, as determined
pursuant to Article 3 (commencing with Section 4125) of Chapter 1 of
Part 2 of Division 4 of the Public Resources Code, to the Director of
Forestry and Fire Protection.
   (g) If the proposal would result in the annexation to a city of
land that is subject to a contract executed pursuant to the
Williamson Act (Chapter 7 (commencing with Section 51200) of Division
1), to the Director of Conservation.
   (h) To all landowners within the affected territory pursuant to
the provisions of subdivision (d) of Section 56157.
   (i) To all registered voters within the affected territory
pursuant to the provisions of subdivision (f) of Section 56157.



56662.  (a) The commission may make either of the following
determinations without notice and hearing:
   (1) Subject to the limitations of Section 56663, approval or
disapproval of a proposal for an annexation, detachment, or
reorganization which consists solely of annexations or detachments,
or both.
   (2) Subject to the limitations of Section 56663, approval or
disapproval of the formation of a county service area.
   (b) Except for the determinations authorized to be made by
subdivision (a), the commission shall not make any determinations
upon any proposal, plan of reorganization, or report and
recommendation of a reorganization committee until after public
hearing by the commission on that proposal, plan of reorganization,
or report and recommendation of a reorganization committee.




56663.  (a) If a petition for an annexation, a detachment, or a
reorganization consisting solely of annexations or detachments, or
both, or the formation of a county service area is signed by all of
the owners of land within the affected territory of the proposed
change of organization or reorganization, or if a resolution of
application by a legislative body of an affected district, affected
county, or affected city making a proposal for an annexation or
detachment, or for a reorganization consisting solely of annexations
or detachments, or both, or the formation of a county service area is
accompanied by proof, satisfactory to the commission, that all the
owners of land within the affected territory have given their written
consent to that change of organization or reorganization, the
commission may approve or disapprove the change of organization or
reorganization, without notice and hearing by the commission. In
those cases, the commission may also approve and conduct proceedings
for the change of organization or reorganization under any of the
following conditions:
   (1) Without notice and hearing.
   (2) Without an election.
   (3) Without notice, hearing, or an election.
   (b) The executive officer shall give any affected agency mailed
notice of the filing of the petition or resolution of application
initiating proceedings by the commission. The commission shall not,
without the written consent of the subject agency, take any further
action on the petition or resolution of application for 10 days
following that mailing. Upon written demand by an affected local
agency, filed with the executive officer during that 10-day period,
the commission shall make determinations upon the petition or
resolution of application only after notice and hearing on the
petition or resolution of application. If no written demand is filed,
the commission may make those determinations without notice and
hearing. By written consent, which may be filed with the executive
officer at any time, a subject agency may do any of the following:
   (1) Waive the requirement of mailed notice.
   (2) Consent to the commission making determinations without notice
and hearing.
   (3) Waive the requirement of mailed notice and consent to the
commission making determinations without notice and hearing.
   (c) In the case of uninhabited territory, the commission may waive
protest proceedings pursuant to Part 4 (commencing with Section
57000) entirely if both of the following apply:
   (1) All the owners of land within the affected territory have
given their written consent to the change of organization or
reorganization, or in the case of private railroad companies, no
private railroad company that is an owner of land within the affected
territory has submitted written opposition to a waiver of protest
proceedings prior to the conclusion of the commission hearing.
   (2) No subject agency has submitted written opposition to a waiver
of protest proceedings.
   (d) In the case of inhabited city and district annexations or
detachments, or both, the commission may waive protest proceedings
pursuant to Part 4 (commencing with Section 57000) entirely if both
of the following conditions apply:
   (1) The commission has provided written notice of commission
proceedings 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 commission hearing. The written notice shall
disclose to the registered voters and landowners that unless written
opposition is received regarding the proposal or the commission's
intention to waive protest proceedings, that there will be no
subsequent protest and election proceedings.
   (2) No subject agency has submitted written opposition to a waiver
of protest proceedings.



56664.  Where the commission desires to provide for notice and
hearing prior to making a determination on a matter which the
commission is authorized, but not required, to determine without
notice and hearing, the commission shall order a public hearing on
that matter and set a date, time, and place for the hearing. The date
of hearing shall not be more than 90 days after the date of the
order.


56665.  The executive officer shall review each application which is
filed with the executive officer and shall prepare a report,
including his or her recommendations, on the application. The report
shall be completed not less than five days prior to the date
specified in the notice of hearing. Upon completion, the executive
officer shall furnish copies of the report to each of the following:
   (a) The officers or persons designated in the application.
   (b) Each local agency whose boundaries or sphere of influence
would be changed by the proposal or recommendation.
   (c) Each affected local agency which has filed a request for a
report with the executive officer.
   (d) The executive officer of another affected county when a
district is or will be located in that other county.
   (e) Each affected city.



56666.  (a) The hearing shall be held by the commission upon the
date and at the time and place specified. The hearing may be
continued from time to time but not to exceed 70 days from the date
specified in the original notice.
   (b) At the hearing, the commission shall hear and receive any oral
or written protests, objections, or evidence that shall be made,
presented, or filed, and consider the report of the executive officer
and the plan for providing services to the territory prepared
pursuant to Section 56653.
   (c) Prior to any continuance of a hearing pursuant to this section
regarding a proposal that includes an incorporation, the chief
petitioners shall have an opportunity to address the commission on
any potential impacts or hardships on the incorporation effort that
may result from a delay. The commission shall consider the potential
impacts on the incorporation proponents prior to making a decision on
the duration of any continuance.



56667.  If the report filed pursuant to Section 56665 indicates that
more than 50 percent of the land proposed for incorporation is owned
by or dedicated to the use of a city or county and that the proposed
incorporation would result in a revenue loss to that city or county,
and at the hearing held pursuant to Section 56666 the board of
supervisors of the county or city council of the city presents a
resolution objecting to the incorporation, no further proceedings
shall be conducted by the commission and no new proposal involving
incorporation of substantially the same territory shall be initiated
for one year.
   In the absence of a resolution of objection from a city or county,
the commission may approve the proposal only if it imposes as a
condition thereto that the newly incorporated city may not adopt any
regulation or policy which would have a negative fiscal impact on any
contract existing at the time of the incorporation which is related
to the publicly owned land.
   This section shall not preclude the completion of proceedings to
incorporate territory which is the subject of incorporation
proceedings filed with the executive officer of the commission prior
to February 15, 1986.



56668.  Factors to be considered in the review of a proposal shall
include, but not be limited to, all of the following:
   (a) Population and population density; land area and land use; per
capita assessed valuation; topography, natural boundaries, and
drainage basins; proximity to other populated areas; the likelihood
of significant growth in the area, and in adjacent incorporated and
unincorporated areas, during the next 10 years.
   (b) The need for organized community services; the present cost
and adequacy of governmental services and controls in the area;
probable future needs for those services and controls; probable
effect of the proposed incorporation, formation, annexation, or
exclusion and of alternative courses of action on the cost and
adequacy of services and controls in the area and adjacent areas.
   "Services," as used in this subdivision, refers to governmental
services whether or not the services are services which would be
provided by local agencies subject to this division, and includes the
public facilities necessary to provide those services.
   (c) The effect of the proposed action and of alternative actions,
on adjacent areas, on mutual social and economic interests, and on
the local governmental structure of the county.
   (d) The conformity of both the proposal and its anticipated
effects with both the adopted commission policies on providing
planned, orderly, efficient patterns of urban development, and the
policies and priorities in Section 56377.
   (e) The effect of the proposal on maintaining the physical and
economic integrity of agricultural lands, as defined by Section
56016.
   (f) The definiteness and certainty of the boundaries of the
territory, the nonconformance of proposed boundaries with lines of
assessment or ownership, the creation of islands or corridors of
unincorporated territory, and other similar matters affecting the
proposed boundaries.
   (g) A regional transportation plan adopted pursuant to Section
65080, and its consistency with city or county general and specific
plans.
   (h) The sphere of influence of any local agency which may be
applicable to the proposal being reviewed.
   (i) The comments of any affected local agency or other public
agency.
   (j) The ability of the newly formed or receiving entity to provide
the services which are the subject of the application to the area,
including the sufficiency of revenues for those services following
the proposed boundary change.
   (k) Timely availability of water supplies adequate for projected
needs as specified in Section 65352.5.
   (l) The extent to which the proposal will affect a city or cities
and the county in achieving their respective fair shares of the
regional housing needs as determined by the appropriate council of
governments consistent with Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7.
   (m) Any information or comments from the landowner or owners,
voters, or residents of the affected territory.
   (n) Any information relating to existing land use designations.
   (o) The extent to which the proposal will promote environmental
justice. As used in this subdivision, "environmental justice" means
the fair treatment of people of all races, cultures, and incomes with
respect to the location of public facilities and the provision of
public services.



56668.3.  (a) If the proposed change of organization or
reorganization includes a city detachment or district annexation,
except a special reorganization, and the proceeding has not been
terminated based upon receipt of a resolution requesting termination
pursuant to either Section 56751 or Section 56857, factors to be
considered by the commission shall include all of the following:
   (1) In the case of district annexation, whether the proposed
annexation will be for the interest of landowners or present or
future inhabitants within the district and within the territory
proposed to be annexed to the district.
   (2) In the case of a city detachment, whether the proposed
detachment will be for the interest of the landowners or present or
future inhabitants within the city and within the territory proposed
to be detached from the city.
   (3) Any factors which may be considered by the commission as
provided in Section 56668.
   (4) Any resolution raising objections to the action that may be
filed by an affected agency.
   (5) Any other matters which the commission deems material.
   (b) The commission shall give great weight to any resolution
raising objections to the action that is filed by a city or a
district. The commission's consideration shall be based only on
financial or service related concerns expressed in the protest.
Except for findings regarding the value of written protests, the
commission is not required to make any express findings concerning
any of the factors considered by the commission.



56668.5.  The commission may, but is not required to, consider the
regional growth goals and policies established by a collaboration of
elected officials only, formally representing their local
jurisdictions in an official capacity on a regional or subregional
basis. This section does not grant any new powers or authority to the
commission or any other body to establish regional growth goals and
policies independent of the powers granted by other laws.