SECTIONS 56425-56434 - California Statutes

GOVERNMENT CODE

SECTION 56425-56434

56425. (a) In order to carry out its purposes and responsibilities
for planning and shaping the logical and orderly development and
coordination of local governmental agencies to advantageously provide
for the present and future needs of the county and its communities,
the commission shall develop and determine the sphere of influence of
each local governmental agency within the county and enact policies
designed to promote the logical and orderly development of areas
within the sphere.
(b) Prior to a city submitting an application to the commission to
update its sphere of influence, representatives from the city and
representatives from the county shall meet to discuss the proposed
new boundaries of the sphere and explore methods to reach agreement
on development standards and planning and zoning requirements within
the sphere to ensure that development within the sphere occurs in a
manner that reflects the concerns of the affected city and is
accomplished in a manner that promotes the logical and orderly
development of areas within the sphere. If an agreement is reached
between the city and county, the city shall forward the agreement in
writing to the commission, along with the application to update the
sphere of influence. The commission shall consider and adopt a sphere
of influence for the city consistent with the policies adopted by
the commission pursuant to this section, and the commission shall
give great weight to the agreement to the extent that it is
consistent with commission policies in its final determination of the
city sphere.
(c) If the commission's final determination is consistent with the
agreement reached between the city and county pursuant to
subdivision (b), the agreement shall be adopted by both the city and
county after a noticed public hearing. Once the agreement has been
adopted by the affected local agencies and their respective general
plans reflect that agreement, then any development approved by the
county within the sphere shall be consistent with the terms of that
agreement.
(d) If no agreement is reached pursuant to subdivision (b), the
application may be submitted to the commission and the commission
shall consider a sphere of influence for the city consistent with the
policies adopted by the commission pursuant to this section.
(e) In determining the sphere of influence of each local agency,
the commission shall consider and prepare a written statement of its
determinations with respect to each of the following:
(1) The present and planned land uses in the area, including
agricultural and open-space lands.
(2) The present and probable need for public facilities and
services in the area.
(3) The present capacity of public facilities and adequacy of
public services that the agency provides or is authorized to provide.
(4) The existence of any social or economic communities of
interest in the area if the commission determines that they are
relevant to the agency.
(f) Upon determination of a sphere of influence, the commission
shall adopt that sphere.
(g) On or before January 1, 2008, and every five years thereafter,
the commission shall, as necessary, review and update each sphere of
influence.
(h) The commission may recommend governmental reorganizations to
particular agencies in the county, using the spheres of influence as
the basis for those recommendations. Those recommendations shall be
made available, upon request, to other agencies or to the public. The
commission shall make all reasonable efforts to ensure wide public
dissemination of the recommendations.
(i) When adopting, amending, or updating a sphere of influence for
a special district, the commission shall do all of the following:
(1) Require existing districts to file written statements with the
commission specifying the functions or classes of services provided
by those districts.
(2) Establish the nature, location, and extent of any functions or
classes of services provided by existing districts.

56425.5. (a) A determination of a city's sphere of influence, in
any case where that sphere of influence includes any portion of the
redevelopment project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code, shall not preclude any other
local agency, as defined in Section 54951, including the
redevelopment agency referenced in Section 33492.41 of the Health and
Safety Code, in addition to that city, from providing facilities or
services related to development to or in that portion of the
redevelopment project area that, as of January 1, 2000, meets all of
the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
(b) Facilities or services related to development may be provided
by other local agencies to all or any portion of the area defined in
paragraphs (1) to (4), inclusive, of subdivision (a). Subdivision (a)
shall apply regardless of whether the determination of the sphere of
influence is made before or after January 1, 2000.

56426. The commission shall not approve or conditionally approve a
change to the sphere of influence of a local government agency of
territory that is subject to a farmland security zone contract
pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of
Part 1 of Division 1, if that local government agency provides or
would provide facilities or services related to sewers,
nonagricultural water, or streets and roads to the territory, unless
these facilities or services benefit land uses that are allowed under
the contract and the landowner consents to the change to the sphere
of influence.

56426.5. (a) Beginning January 1, 1990, at the time a commission
approves a proposal for an incorporation or a reorganization which
includes an incorporation, the commission may determine the sphere of
influence for the proposed new city. The commission shall determine
the sphere of influence for any newly incorporated city within one
year of the effective date of incorporation.
(b) Beginning January 1, 2010, at the time when a commission
approves a formation or reorganization that includes the formation of
a district, the commission may determine the sphere of influence for
the proposed new district. The commission shall determine the sphere
of influence for any newly formed district within one year of the
effective date of formation.

56426.6. (a) The commission shall not approve a change to the
sphere of influence of a local government agency of territory that is
subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1) if that local government agency provides, or
would provide, facilities or services related to sewers,
nonagricultural water, or streets and roads to the territory, unless
these facilities or services benefit land uses that are allowed under
the contract and the landowner consents to the change to the sphere
of influence.
(b) (1) Notwithstanding subdivision (a), the commission may
nevertheless approve a change for that territory if it finds either
of the following:
(A) That the change would facilitate planned, orderly, and
efficient patterns of land use or provision of services, and the
public interest in the change substantially outweighs the public
interest in the current continuation of the contract beyond its
current expiration date.
(B) That the change is not likely to adversely affect the
continuation of the contract beyond its current expiration date.
(2) In making a determination pursuant to this subdivision, the
commission shall consider all of the following:
(A) The policies and implementation measures adopted by the city
or county that would administer the contract both before and after
any ultimate annexation, relative to the continuation of agriculture
or other uses allowable under the contract.
(B) The infrastructure plans of the annexing agency.
(C) Other factors that the commission deems relevant.
(c) This section shall not apply to any of the following:
(1) Territory that is subject to a contract for which a notice of
nonrenewal has been served pursuant to Section 51245.
(2) Territory that is subject to a contract for which a tentative
cancellation has been approved pursuant to Section 51282.
(3) Territory for which the governing body of the county or city
administering the contract has given its written approval to the
change and the landowner consents to the change.

56427. The commission shall adopt, amend, or revise spheres of
influence after a public hearing called and held for that purpose. At
least 21 days prior to the date of that hearing, the executive
officer shall give mailed notice of the hearing to each affected
local agency or affected county, and to any interested party who has
filed a written request for notice with the executive officer. In
addition, at least 21 days prior to the date of that hearing, the
executive officer shall cause notice of the hearing to be published
in accordance with Section 56153 in a newspaper of general
circulation which is circulated within the territory affected by the
sphere of influence proposed to be adopted. The commission may
continue from time to time any hearing called pursuant to this
section.
At any hearing called and held pursuant to this section, the
commission shall hear and consider oral or written testimony
presented by any affected local agency or affected county or any
interested person who wishes to appear.
This section shall only apply to spheres of influence adopted by
the commission after January 1, 1975.

56428. (a) Any person or local agency may file a written request
with the executive officer requesting amendments to a sphere of
influence or urban service area adopted by the commission. The
request shall state the nature of the proposed amendment, state the
reasons for the request, include a map of the proposed amendment, and
contain any additional data and information as may be required by
the executive officer.
(b) After complying with the California Environmental Quality Act,
Division 13 (commencing with Section 21000) of the Public Resources
Code, the executive officer shall place the request on the agenda of
the next meeting of the commission for which notice can be given. The
executive officer shall give notice in the manner provided by
Section 56427. On the date and time provided in the notice, the
commission may do either of the following:
(1) Without further notice, consider the amendments to a sphere of
influence.
(2) Set a future date for the hearing on the request.
(c) The executive officer shall review each requested amendment
and prepare a report and recommendation. The report shall be
completed not less than five days before the date specified in the
notice of hearing. The executive officer shall send copies of the
report to the person or agency making the request, each affected
local agency, and each person who has filed a request for a report.
(d) At its meeting, the commission shall consider the request and
receive any oral or written testimony. The consideration may be
continued from time to time but not to exceed 70 days from the date
specified in the original notice. The person or agency which filed
the request may withdraw it at any time prior to the conclusion of
the consideration by the commission.
(e) At the conclusion of its consideration, the commission may
approve or disapprove with or without amendment, wholly, partially,
or conditionally, the request. The commission shall follow the
procedures in Section 56425.
(f) The commission may require the person or agency making a
request pursuant to this section to pay a fee to cover the commission'
s costs. The fee shall not exceed the estimated reasonable cost of
providing the service and shall be set pursuant to Section 56383. The
commission may waive the fee if it finds that the request can be
considered and studied as part of the periodic review of spheres of
influence required by Section 56425. In addition, the commission may
waive the fee if it finds that payment would be detrimental to the
public interest.
(g) The commission and executive officer may review and act on any
request to amend a sphere of influence or urban service area
concurrently with their review and determination on any related
change of organization or reorganization. In case of a conflict
between the provisions of this section and any other provisions of
this part, the other provisions shall prevail.

56429. (a) Notwithstanding Sections 56425, 56427, and 56428, a
petition for removal of territory from a sphere of influence
determination may be brought pursuant to this section by landowners
within the redevelopment project area referenced in subdivision (e)
of Section 33492.41 of the Health and Safety Code, if, at the time
the petition is submitted, the area for which the petition is being
requested meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
(b) On receipt of a petition signed by landowners owning at least
25 percent of the assessed value of the land within the affected
territory, the commission shall hear and consider oral or written
testimony.
(c) The petition shall be placed on the agenda of the commission
in accordance with subdivision (b) of Section 56428.
(d) The executive officer shall give notice of the hearing in
accordance with Section 56427.
(e) From the date of filing of the petition to the conclusion of
the hearing, the commission shall accept written positions from any
owner of land in the unincorporated territory that is seeking removal
from a city's sphere of influence.
(f) The petition to remove territory from a city's sphere of
influence shall be granted and given immediate effect if the
commission finds that written positions filed in favor of the
petition and not withdrawn prior to the conclusion of the hearing
represent landowners owning 50 percent or more of the assessed value
of the land within the affected territory.
(g) No removal of territory from a city's sphere of influence that
is proposed by petition and adopted pursuant to this section shall
be repealed or amended except by the petition and adoption procedure
provided in subdivisions (a) to (f), inclusive. In all other
respects, a removal of territory from a city's sphere of influence
proposed by petition and adopted pursuant to this section shall have
the same force and effect as any amendment to or removal of territory
from a city's sphere of influence approved by the commission. No
territory removed from a city's sphere of influence pursuant to this
section shall be annexed to that city, unless the territory is
subsequently added to the sphere of influence of the city pursuant to
the petition and adoption procedure provided in this section.
(h) Pursuant to Section 56383, the commission may establish a
schedule of fees for the costs of carrying out this section.
(i) All proper expenses incurred in connection with removal of
territory from a city's sphere of influence pursuant to this section
shall be paid by the proponents.

56430. (a) In order to prepare and to update spheres of influence
in accordance with Section 56425, the commission shall conduct a
service review of the municipal services provided in the county or
other appropriate area designated by the commission. The commission
shall include in the area designated for service review the county,
the region, the subregion, or any other geographic area as is
appropriate for an analysis of the service or services to be
reviewed, and shall prepare a written statement of its determinations
with respect to each of the following:
(1) Growth and population projections for the affected area.
(2) Present and planned capacity of public facilities and adequacy
of public services, including infrastructure needs or deficiencies.
(3) Financial ability of agencies to provide services.
(4) Status of, and opportunities for, shared facilities.
(5) Accountability for community service needs, including
governmental structure and operational efficiencies.
(6) Any other matter related to effective or efficient service
delivery, as required by commission policy.
(b) In conducting a service review, the commission shall
comprehensively review all of the agencies that provide the
identified service or services within the designated geographic area.
(c) The commission shall conduct a service review before, or in
conjunction with, but no later than the time it is considering an
action to establish a sphere of influence in accordance with Section
56425 or Section 56426.5 or to update a sphere of influence pursuant
to Section 56425.

56434. (a) The commission may review and comment upon both of the
following:
(1) The extension of services into previously unserved territory
within unincorporated areas.
(2) The creation of new service providers to extend urban type
development into previously unserved territory within unincorporated
areas.
(b) The purpose of the review authorized by this section shall be
to ensure that the proposed extension of services or creation of new
service providers is consistent with the policies of Sections 56001,
56300, 56301, and the adopted policies of the commission implementing
these sections, including promoting orderly development,
discouraging urban sprawl, preserving open space and prime
agricultural lands, providing housing for persons and families of all
incomes, and the efficient extension of governmental services.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.