HomeMy WebLinkAbout8 Resolution to Annex Parcels in Placer County Agenda Item # 8
TRUCKEE DONNER 1.
Public Utility District
�t
...........
CONSENT
To: Board of Directors
From: Kathleen Neus
Date: March 07, 2012
Subject: Consideration of a Resolution to Annex Parcels In Placer County
1. WHY THIS MATTER IS BEFORE THE BOARD
The initiation of the annexation of parcels currently receiving service, but not currently
within the District's electric and/or water service territories, and adjacent parcels that
are logical to serve in the future; is an issue reserved to the Board. The Placer County
Local Agency Formation Commission (LAFCo) requires a resolution by the Board of
Directors to begin the annexation process.
2. HISTORY
At the August 3rd Board meeting, the Board approved Resolution No. 2011-15
requesting that Nevada County LAFCo begin the proceedings for the annexation of
parcels within Placer County. Staff has been working on compiling the annexation
document.
3. NEW INFORMATION
It was recommended by Nevada County LAFCo that the District include parcels
owned by Union Pacific Railroad Company (UPRR) which are addressed in the Fringe
Area Agreement with NV Energy (Sierra Pacific Power Company) and Liberty Energy.
The list of parcels to be annexed has now increased to 70, with the District currently
serving 39 of the parcels. The remaining parcels are adjacent and are logical for the
District to serve. The District will not be creating islands with the annexation of the
parcels.
On January 20, 2012, SR Jones notified the District via email, that Nevada County
LAFCo agreed to transfer jurisdiction to Placer County LAFCo (Attachment 1). The
Board approved Resolution No. 2011-15 Application by the Truckee Donner Public
Utility District Requesting Nevada County to Take Proceedings for the Annexation of
Placer County Parcels at the August 3, 2011 Board meeting. With Placer County
LAFCo taking the lead as the principal LAFCo, it will be necessary for the Board to
rescind Resolution No. 2011-15. The resolution is to be rescinded within the the new
resolution with Placer County LAFCo (Attachment 2).
Placer County LAFCo process for annexation consists of three steps:
1) Application to LAFCo
2) LAFCo Commission Hearing
3) Protest hearing and completion activities
A full description of the LAFCo Application Processing Procedures is included as
Attachment 3.
The resolution has been reviewed by District counsel.
4. FISCAL IMPACT
The fiscal impact associated with this item is approximately $20,000. Sufficient funds
exist in both the water and electric operations budgets for this action. Costs will be
apportioned to each utility based on parcel count.
5. RECOMMENDATION
Adopt the resolution requesting Placer County LAFCo to initiate annexation
proceedings.
Michael D. Holley
General Manager
Attachment 1
KathyNeus
From: SR Jones[SR.Jones a@co.nevada.ca.us]
Sent: Friday, January 20,2012 2:43 PM
To: 'Kris Berry
Cc: Hank Weston; Kathy Neus; Michael Holley; 'scott a@scottbrowne.com'
Subject: TDPUD Annexation of Placer County Parcels
Attachments: RE:
Memo to:
}kris erry, 'lacer LAFCo Executive Officer
Hank Weston, Nevada LArCo Chairman
Michael Molloy,Gbh TDFUD
Kathy Neus,TDFUD
Kathy Neus recently contacted this office about TDr(AD)s plans to aPPy I for annexation of more than 50
Properties in rlacer County,including parcels held 6y(Anion racif1ic.KailroaJ in order to provide electrical service
(consistent with a fringe agreement with Calrccc)-L'I
6crt3 F nergy)and parcels in multiple ownershi and developed
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or designated for residential or commercial use. Of these latter properties,a large num6er arc alread�served 6 the
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District for water and/or electrical Power,wk3le others are aAacent to District water and electrical Jistri6ution
infrastructure.
NevaclaLArco is the principal county LArco for Truckee Donner rublic Utility District,and is therefore
responsi6le for reviewing all TDFUD Proposals,unless Pursuant to Government Code Section 56388 the
Commission agrees to transfer jurisdiction to 'lacer LArCo and FlaccrLArCo agrees to acce t jurisdiction.
in order to expedite processing, Nevada LArCo policy delegates authority ��for transferring'urisdiction for multi--
county district Proposals to the r—xccutivc 0fficer,if the proposal is of minor significance and the proposal would
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6enefit the public.
T6isannexation can 6e characterizeJ as one qualifying for automatic jurisdictional transfer(to rlacer LArco)in
consideration of the following:
1. Tkcparccls in question are either already served 6y the district,or are ad.acent to served as well
� properties
as to district transmission/distri6ution facilities,or(in t6c case of the OF ro ertics)su61cct to a"fringe
P P � �
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agreement"6etwcen the District and electrical utility►, Calreco--Li6erty E,,,ner
Z. The annexation proposal is consistent with 6oth the District's current sP here of influence as well as the
proposed update of tke sphere of influence.
3. The District's capacity for providing service has 6ccn well Jocumented,inevadar o's astCyount
Water Munlcipal,5crvicc Review and the Preliminary drat of Nevada ro's rnunici al service review o
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the electrical services in the east county area.
4. 'lacer LArCo has indicated it would refer to process the ro osal since the are located in
P P P P properties
riacer Cou nty.
Therefore, Kathy should contact Kris F)crr
,9, rlacer LArCo E-xccutive Officer,to discuss the proposal and
'lacer LArco,s application requirements. NcvadaLArCo will transfer all the parcel anJ other data that has
s
6een accumulated on the proposal to rlacer LArCo and work with 'lacer LArCo and the to ensur
Distnict ea
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smooth transfer. It would be appreciated if riacerLArco would rovide notice to Nevada LArCo at each stage
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of the annexation Process. if I can be of assistance at anti point,please don't hesitate to call or a--mail this office.
1`5E
• } Attachment 2
TRUCKEE DONNER
,• kk
Pu b I i,
R "solution No. 2012 XXX-
RESOLUTION OF APPLICATION
Truckee Donner Public Utility District (the District)
Requestingthe Local Agency Formation Commission
of Placer County
To Take Proceedings for the Annexation of
70 located within Placer Countyparcels
WHEREAS,the Truckee Donner Public Utility District desires to rescind Resolution No.2011-15;and
WHEREAS,the Truckee Donner Public Utility District desires to initiate proceedings pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section
56000 of the California Government Code, for annexation of 70 parcels; and
WHEREAS, notice of intent to adopt this Resolution of Application has been given to each interested
and subject agency; and
WHEREAS,the territory proposed to be annexed is inhabited or uninhabited and a description of the
boundaries of the territory is set forth in Exhibit A attached hereto and by this reference incorporated
herein; and
WHEREAS, this proposal is consistent with the sphere of influence of the Truckee Donner Public
Utility District; and
WHEREAS,the District recently identified and confirmed 70 parcels that are currently being served or
are logical to serve by the District, but have never been annexed; and
WHEREAS, the reasons for the proposed annexation are as follows:
1) Pursuant to the Fringe Area Agreement between the Truckee Donner PUD, NV Energy Sierra
Pacific Power Company)and Liberty Energy certain properties located south of Donner Lake
are/or/will be provided electric service by the District;
2) The District currently serves a large number of the parcels requested to be annexed;
3) 39 of the identified parcels were extended electric and/or water service from 1966 through
9
1988 with the understanding that the District may pursue annexation in the future;
4) Annexation of the 70 parcels will provide for voting rights for the residents of those parcels
in District elections;
5) Annexation of the remaining parcels would prove to be logical and provide the District with
a contiguous jurisdictional boundary; and
WHEREAS, annexation of the subject territory for the purpose of receiving electric and or water
service qualifies for exemption from CEQA review under Section 15301. Existing Facilities, Class 1
(b); and
Resolution 2012-XX annexation
Attachment 2
WHEREAS, the District desires to adopt the plan for providing services to the affected territory
required by Government Code Section 56653 and attached hereto as Exhibit B; and
WHEREAS, this action is NOT subject to the any existing master tax formula as the Truckee Donner
Public Utility District is funded only by ratepayers; and
WHEREAS, pursuant to Section 56663(c)of the Government Code, the owners of 39 parcels within
the affected territory have consented to annexation through development agreements; and
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the District as follows:
1) The above recitals are adopted as findings of fact.
2) District Resolution No. 2011-15 is rescinded.
3) The plan for providing services to the affected territory required by Government Code Section
56653 and attached hereto as Exhibit B is approved and adopted.
4) This Resolution of Application is hereby adopted, and the Placer Local Agency Formation
Commission is hereby requested to take the proceedings for the annexation of Placer Count
parcels as described above according to the terms and conditions stated herein, all in
accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
5) Truckee Donner Public Utility District staff is hereby authorized and directed to file a certified
copy of this resolution with the Executive Officer of the County of Placer Local Agency
Formation Commission.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a
regular meeting thereof held on the seventh day of March, 2012, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Tony Laliotis, President
ATTEST:
Michael D. Holley, P.E. Clerk of the Board
Resolution 2012-XX annexation
Attachment 1(Exhibit"A")
Exhibit Map APN Address County Lac.Notes Attachment 1
A 069 130 001 000 *NO SITE ADDRESS* Placer CADIEW
A 069 130 005 000 *NO SITE ADDRESS* Placer UNION PA(ice in this area
A 069 130 019 000 *NO SITE ADDRESS* Placer BANASZAK
A 069 130 020 000 *NO SITE ADDRESS* Placer SANDERS
A 069 130 021 000 *NO SITE ADDRESS* Placer UNION PA(
A 069 130 022 000 *NO SITE ADDRESS* Placer CALIFORNI,
A 069 130 023 000 *NO SITE ADDRESS* Placer CALIFORNI.
A 069 130 027 000 *NO SITE ADDRESS* Placer UNION PA(ice in this area
A 069 130 034 000 *NO SITE ADDRESS* Placer ALPINE SIE
A 069 130 035 000 *NO SITE ADDRESS* Placer MABOURA
A 069 130 037 000 *NO SITE ADDRESS* Placer UNION PA(
A 069 130 047 000 *NO SITE ADDRESS* Placer CALIFORNI
A 069 130 055 000 *NO SITE ADDRESS* Placer UNION PA(
A 069 130 056 000 *NO SITE ADDRESS* Placer UNION PA(
A 069130 058 000 15839 COTTONWOOD DR Placer PAWEK
A 069 154 030 000 *NO SITE ADDRESS* Placer ANDREWS
A 069 154 031 000 *NO SITE ADDRESS* Placer ANDREWS
A 069 154 032 000 *NO SITE ADDRESS* Placer ANDREWS
A 069 160 001 000 *NO SITE ADDRESS* Placer ALPINE SIE
A 069 170 015 000 *NO SITE ADDRESS* Placer ALPINE SIE
A 069 190 009 000 *NO SITE ADDRESS* Placer UNION PA(
A 069 190 011 000 *NO SITE ADDRESS* Placer UNION PA(
A 080 010 026 000 *NO SITE ADDRESS* Placer UNION PA(
A 080 010 027 000 *NO SITE ADDRESS* Placer UNION PA(
A 080 010 028 000 *NO SITE ADDRESS* Placer UNION PA(
A 080 010 029 000 *NO SITE ADDRESS* Placer UNION PA(
A 080 070 003 000 *NO SITE ADDRESS* Placer UNION PA(
B 080 020 004 000 9921 RIVER RD Placer OLIVIERI S'
B 080 020 005 510 9931 RIVER RD Placer CALIFORNI.
B 080 020 008 000 19031 W RIVER ST Placer HENRIKSOI
B 080 020 010 000 19021 W RIVER ST Placer HENRIKSOI
B 080 020 011000 19040 W RIVER ST Placer DONNER Qistrict's Electric and Water jurisdictional boundaries
B 080 020 013 000 10715 HIGHWAY 89 S Placer DONNER Qistrict's Electric and Water jurisdictional boundaries
B 080 020 014 000 10715 HIGHWAY 89 S Placer DONNER Qistrict's Electric and Water jurisdictional boundaries
B 080 020 016 000 9908 RIVER RD Placer UNITED ST
D 080 270 003 000 *NO SITE ADDRESS* Placer PINYON CF
D 080 270 006 000 *NO SITE ADDRESS* Placer FINNEGAN
D 080 270 016 000 9721 MARTIS RD Placer PINYON CA
D 080 270 017 000 9731 MARTIS RD Placer PINYON CF
D 080 270 021000 9771 MARTIS RD Placer VIRUS
D 080 270 022 000 9781 MARTIS RD Placer ACKLEY
D 080 270 028 000 40200 TRUCKEE AIRPORT RD Placer GRAHAM
D 080 270 030 000 *NO SITE ADDRESS* Placer THOMPSO
D 080 270 031000 9761 MARTIS RD Placer DUTRA
D 080 270 032 000 9741 MARTIS RD Placer PETERSON
D 080 270 033 000 9751 MARTIS RD Placer FOSTER
D 080 270 048 000 9709 NORTHSHORE BLVD Placer HENN
D 080 270 049 000 9709 NORTHSHORE BLVD Placer COLLINSOP
D 080 270 050 000 9709 NORTHSHORE BLVD Placer COLLINSOP
D 080 270 051 000 *NO SITE ADDRESS* Placer MARTIS VA
C 080 390 011000 10385 PINE CONE DR Placer BELL :ion
C 080 390 017 000 10380 PINE CONE DR Placer SUSINETTI:ion
C 080 390 018 000 10360 PINE CONE DR Placer TOWERY :ion
C 080 390 019 000 10340 PINE CONE DR Placer BANK OF Aion
C 080 390 020 000 10300 PINE CONE DR Placer ANDERS%on
C 080 390 021000 10375 PINE CONE DR Placer HILLMAN :ion
C 080 390 022 000 10355 PINE CONE DR Placer COTTON :ion
C 080 390 023 000 10335 PINE CONE DR Placer ELLIS
C 080 390 024 000 11315 PINE CONE DR Placer LINDSAY 'ion
C 080 390 025 000 *NO SITE ADDRESS* Placer MARTINEZ:ion
ion
C 080 390 026 000 *NO SITE ADDRESS* Placer MARTINEZJ
E 080 270 024 000 *NO SITE ADDRESS* Placer TRUCKEE T:on
TDPUD
E 080 270 047 000 10356 TRUCKEE AIRPORT RD Placer TRUCKEE T
E 110 010 001000 12700 LODGE TRAIL DR Placer TRUCKEE Ti TDPUD
E 110 010 002 000 *NO SITE ADDRESS* Placer TRUCKEE Ti TDPUD
TDPUD
E 110 010 003 000 *NO SITE ADDRESS* Placer TRUCKEE Ti TDPUD
E 110 010 004 000 *NO SITE ADDRESS* Placer TRUCKEE T TDPUD
E 110 010 006 000 *NO SITE ADDRESS* Placer TRUCKEE T1 TOPUD
E 110 010 029 000 *NO SITE ADDRESS* Placer TRUCKEE T,TDPUD
E 110 010 031 000 *NO SITE ADDRESS* Placer TRUCKEE T TDPUD
i TDPUD
Exhibit B
PLAN FOR PROVIDING SERVICES
IN CONNECTION WITH THE
ANNEXATION OF 70 PARCELS LOCATED WITHIN PLACER COUNTY
The Truckee Donner Public Utility District (the District) will provide services to the subject
territory as outlined below:
1. Enumerate and describe the services to be extended to the affected territory.
PREFERRED WATER UTILITY JURISDICTIONAL BOUNDARY
Area# 1 —Water Utility(Highway 89 South and West River Street):
Assessor's Parcel Numbers:
080 020 004 00015
080 020 005 5101
080 020 008 00015
080 020 010 0005
080 020 011 0001,25
080 020 013 0001,25
080 020 014 0001,2,
080 020 016 000;
1 Currently being served by the Electric Utility
2 Currently being served by the Water Utility
Area#2—Water Utility(Pine Cone Dr&Pine Cone Ct):
Assessor's Parcel Numbers:
080390011 0002,
080 390 017 0002,
080 390 018 0002,
080 390 019 0002,
080 390 020 0002,
080 390 021 0002,
080 390 022 0002,
080 390 023 0002,
080 390 024 0002,
080 390 025 0002,
080 390 026 0002;
1
Exhibit B
Areas #3, #4, #5 — Water Utility (Pinyon Creek LLC II, Highway 267 and Truck '� y Truckee Tahoe Airport
District):
Assessor's Parcel Numbers:
080 270 003 0005
080 270 006 0005
080 270 016 0005
080 270 017 0005
080 270 0210005
080 270 022 0002,
080 270 028 0002,
080 270 030 0005
080 270 031 0002,
080270032 0002,
080 270 033 0002,
080 270 048 0005
080 270 049 0005
080 270 050 0005
080 270 051 000;
2 Currently being served by the Water Utility
PREFERRED ELECTRIC UTILITY JURISDICTIONAL BOUNDARY
Area#1 —Electric Utility(south of Donner Lake and UPRR Property)p y)
Parcel Assessor's Parcel Numbers:
069 130 001 000*,
069 130 005 00015
069 130 034 000*5
069 130 047 000*,
069 130 055 0001,
069 130 058 000*,192
069 154 030 000*,
069 154 031 000*,
069 154 032 000*50
069 160 001 000*,
069 170 015 000*;
* Currently within the Water Jurisdictional Boundary
1 Currently being served by the Electric Utility
2 Currently being served by the Water Utility
2
Exhibit B
Area#2—Electric Utility(South of Donner Lake and UPRR Property)
p y)
Parcel Assessor's Parcel Numbers:
069 130 019 000*,
069 130 020 000*,
069 130 021 000*,1,
069 130 022 000*5
069 130 023 000*1
069 130 027 00015
069 130 035 000*5
069 130 037 000*'%
069 130 056 00015
069 190 009 000%
069 190 Ol l 0001)
080 010 026 000%
080 010 027 00015
080 010 028 0001,
080 010 029 000%
080 070 003 0001;
* Currently within the Water Jurisdictional Boundary
'These parcels are currently being served by the Electric Utility
Area#3 —Electric Utility(Highway 89 South and West River Street):
Assessor's Parcel Numbers:
080 020 004 0001,
080 020 005 5105
080 020 008 0005
080 020 010 0005
080 020 01 1 0001,25
080 020 013 0001,2
080 020 014 0001,2
080 020 016 000;
'Currently being served by the Electric Utility
2Currently being served by the Water Utility
3
Exhibit B
Area#4—Electric Utility(Truckee Tahoe Airport):
Assessor's Parcel Numbers:
080 270 024 00012,
080 270 047 0009
110 010 001 00012,
110 010 002 00012,
110 010 003 0005
110010004 000125
110 010 006 000,
110 010 029 000,
110 010 031 000;
'Currently being served by the Electric Utility
2Currently being served by the water Utility
2. Specify the level and range of those services.
As stated numerous parcels already receive either electric, water or both services. Some of the
parcels have water boxes located at a property corner. At such time that the roe owner
. property�Y
request service from the District, the cost of the customer service lateral is at the cost of the
property owner.
In all cases there are electric or water facilities adjacent to or within close proximity of the
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parcels. No service will be extended unless requested by the property owner; all costs associated
with any line extension will be borne by the property owner.
The District is currently serving the UPRR with an electric metering point on Mt. Judah Drive at
Donner Lake. The District will be adding one more metering point located near what is
commonly referred to as the Mousehole; where the Railroad crosses above Highway89 South.
3. Indicate when those services can feasibly be extended to the affected territory.
As a portion of the parcels are currently being served, facilities are in lace today. For those
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parcels that are not currently receiving service from the District, electric and water facilities are
either adjacent to or are within close proximity of the parcels. It is up to the property owner as to
p
when they would want to receive service from the District.
4. Indicate any improvement or upgrading of structures, roads, sewer or water.f acilities or other
conditions the local agency would impose or require within the affected territory if the change o
organization or reorganization is completed.
4
Exhibit B
As the areas are currently developed there are no foreseen improvements or upgrading of
structure, roads, sewer or water facilities or other conditions the local agency would impose or
require.
5. Provide information about how each of those services will be financed.
All costs associated with connecting to District facilities are to be at the cost of the property
owners.
5
Attachment 3
THE LAFCO PROCESS
The LAFCO process consists of three steps, the application to LAFCO, the LAFCO hearing,
g
and the protest hearing and completion activities. Each of these is described in some
detail in this section of the manual.
It is always advisable to discuss your proposal with the LAFCO staff prior to initiating the
proposal process. Staff is able to provide assistance with the application materials and
provide advice that may improve the quality of the proposal and reduce the processing
time.
THE PROPOSAL APPLICATION
Proposals for annexations, detachments, consolidations, incorporations, formations and
other jurisdictional changes may be initiated by landowner or registered voter petition or
by resolution of an affected agency. If initiated by resolution of an affected local agency,
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the resolution shall comply with the requirements of Section 56654 of the Government
Code. (A sample initiating resolution is available at the LAFCO office.) Usually a
boundary adjustment to a local agency comes at the request of one or more landowners
but is actually initiated to LAFCO through resolution of the affected agency. This manner
of initiation is generally encouraged since, the local agency is the expert with regards to
the services it provides and its ability to extend those services. Furthermore it
encourages the landowner and local agency to work directly with each other at the very
earliest stages of the process.
A proposal may also be initiated by petition; however, the process is a bit more onerous.
Requirements regarding the form and content of the petition are set forth in Section
56700 of the Government Code. The signature requirements vary based type
upon the e
P
of proposal. Samples of these documents are available at the LAFCO office. However
before circulating any petition for change of organization, the proponent must file a
notice of intention with the LAFCO executive officer. (Government Code Section
56700.4). If a petition-initiated proposal involves annexation to a special district upon
Pon
submission of the proposal to LAFCO, it must be placed on the Commission's next
agenda for informational purposes. If the affected district requests termination of the
proceedings within 60 days, the proposal is terminated. (Government Code Section
56857)
THE APPLICATION PACKAGE
Every application for annexation, detachment, reorganization, or a sphere of influence
e
amendment shall include items one through six. Items seven through thirteen will be
required as specified.
Proponents for other types of proposals, including incorporations, district formation and
district dissolutions should contact LAFCO staff to discuss application requirements in
detail. q
CONTENTS OF AN APPLICATION PACKET
(1)Fifteen copies of the proposal application and justification form including
responses to ' a
plan for services and/or res
p he sphere of influence factors
IV-1
(2)Fifteen copies of the map
(3)Fifteen copies of the legal boundary description
(4)Two certified copies of the initiating resolution or the original petition of
initiation and one copy of the petition
(5)Filing fees as specified
(5)An address list of all registered voters and landowners within the
and within 300 feet of the proposal.
proposal
(7)Two copies of the voter location list (not required for sphere of influence
proposals)
(8)Two copies of the landowner consent forms if proposal is to be treated as
100% consent (petitions of initiation may be accepted in lieu)
(9)Two lists of assessor parcel numbers on a separate sheet (not q required for
sphere of influence proposals)
(10) Two copies of development plans if development of the proposal area is
pending
(11) For city annexations, two copies of the market absorption study required uired as
per policy #III-C-1.
If LAFCO is the Responsible Agency add
(12) Two copies of prezoning maps and resolution if the site was rezoned
Two co ies of the P(13) p Department of Fish and Game receipt from the Count
Recorder
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(14) At least two copies of the initial study, DEIR, EIR, NOD, findings, statement
t
of overriding consideration, and mitigation monitoring plan or initial stud
NOD, and negative declaration y'
FILING FEES
The application will not be considered complete until the appropriate fees h v have
been submitted. The fees will be determined upon submittal of the application pp ation
package and will be based upon the guidelines set forth on the fee schedule.
MAP REQUIREMENTS AND STANDARDS
Fifteen copies of a proposal map and of a vicinity or area ma shall application. The Co P accompany
P ny
each a
PP County Surveyor has base maps for most of the areas of
the County (available at nominal cost) which possiblycould satin
requirements far � satisfy the
q the vicinity map.
(1)Proposal maps shall be of large enough scale to clears and accurately y snow
all pertinent details of the proposal boundaries and parcels.
(2)The proposal map must clearly show the relationship of the territoryin
in the proposal chided
p p to the agency's entire existing boundaries if scale and size will
permit it without losing the detail of the territory included in the
Show as much of the a enc 's e proposal.
g y existing boundary as is practical within this
criterion. The map must be capable of being legible when microfilmed
reduced to half scale.
and
reproduced e
(3)The proposal map shall be 11" x 17" in size, with one-half inch bor
der and
capable of being legibly reduced to 8 1/2" x 11". If more than one sheet is
used, provide a small scale key map showing the relationshipof sheets.
(4)Allparcels within the proposal must be shown as well as all '
contiguous to the proposal ro osal boundaries. properties
IV-2
(5)AII parcels inside the proposal that are contiguous to the new boundary must
be identified by tract name, lot/parcel number and the Official Record book
page and number.
(6)The proposal map must show the point of beginning, bearings, courses and
calls used in the proposal description and enable the person reading the
description to follow the traverse on the map.
(7)The proposal map must also show the following:
North point (north area up)
Date prepared
A bar scale
Name of person or firm who prepared map
(8)Show all pertinent physical and topographic features such as roads,, railroads
airports, creeks and rivers, and other recognizable landmarks.
(9)Show all government survey lines (township, range, and section lines
(10) Show all government agency boundary lines within or proximate to the
proposal.
(11) If the report of the County Surveyor indicates that the boundary is unclear,
the applicant shall submit a corrected map. '
(12) If the Commission amends a proposed boundary as part of its approval the
applicant shall submit two copies of a revised map in accordance with these
standards within 15 days after the adoption of the resolution approving
revised proposal.
(13) The conducting agency shall use the map approved by the count Surveyor
or
and referenced or include y
d in the LAFCO resolution in all future proceedings
related to the proposal, (The map must show the County Surveyor's stamp of
approval and signature.)
(14)The proposal map must also comply with the State Board of Equalization
requirements.
PROPOSAL BOUNDARY DESCRIPTION STANDARDS
The applicant is required to furnish fifteen copies of the ro osal's legal
P P 9
description which describes in detail the boundaries of the proposal.
LAFCO proposal description requirements are based on primary calls that
recognize existing agency boundaries and property ownerships rather than on
metes and bound (which serve as secondary calls). The purpose of this rime
call method is to prevent bounds p
p boundary and taxing problems, which might otherwise
arise as a result of resu rveys.
MDescriptions shall include in the preamble the townships, ranges and sections
s
in which the subject territory lies and must be adequately tied to known
points of record.
(2)AII boundary lines must be given a "prime call" based on the existingagency
boundaries (if an annexation 9 yor detachment) and the property ownership
(giving Official Record references).
(3)As the first secondary call name all proposal boundaries contiguous with those
of other governmental agencies.
9
(4)As an additional secondary calls, name the following:
(a)All boundaries contiguous with range, township or section lines.
(b)AII boundaries along public or railroad rights-of-way or waterways.
IV-3
(c) Bearings and distances for each course of the boundary shall be
given to the nearest degree and foot more or less shown by plus or minus
or give the course and distance as shown on the official record of prime call.
(5)Where possible the point of beginning shall be on the boundary of the existing
agency (for annexation) and shall traverse the area in a clockwise direction.
The point of beginning shall be referenced to a point of commencement,
which can be located from existing recorded or filed information, which shall
be named.
(6)The description shall be definite and not ambiguous with regard to which
properties are included within the area described. The boundary shall be
plotable on a base map which contains only the township, range, and section
lines, the existing agency boundaries, and roads and railroad rights-of-way.
y
(7)Descriptions shall show the date, address and name of the person or firm
preparing it and shall state whether the description is compiled from records
of survey.
(8)Descr'iption must also comply with the State Board of Equalization
requirements.
(9) If the commission amends the proposal boundaries, the applicant shall within
15 days
after the adoption of the resolution approving the revised proposal, the
applicant shall
submit two copies of a revised map in accordance with these standards within
15 days
after the public hearing,.
ENVIRONMENTAL REVIEW
LAFCO'S ROLE As LEAD AGENCY
When acting as Lead Agency for CEQA review, LAFCO will complete any required
q
environmental review in accordance with the procedures set out in the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines. The applicant
shall be charged for all costs associated with this review and the Fish and Game
fees.
LAFCO'S ROLE As AN INTERESTED AGENCY
The executive officer will review and, if necessary, comment on all
environmental documents as submitted by a Lead Agent involving
9
projects/decisions relating to and/or affecting LAFCO projects or policies.
LAFCO'S ROLE AS A RESPONSIBLE AGENCY
Responsible Agency status occurs when LAFCO is not the primary agency a (Lead
y
Agency) overseeing a project but, nevertheless, has discretionary approval
roval
authority over one or more aspects of the project. Common examples of this
would occur when a tit is reviewing P
y ewing a development project that may require
annexation to the city. A city will also be the Lead Agency when it prezones an
area in anticipation of annexation.
When acting as Lead Agency the city or special district shall include in its initial
study/negative declaration/EIR information necessary to allow its subsequent
IV-4
use by LAFCO for its considerations. Such documents shall reference on the title
page and in the project description any boundary changes or other such actions
requiring discretionary action by LAFCO.
The Lead Agency shall send the draft document to LAFCO as part of the public
review process required b CE
P q y QA. The LAFCO executive officer will, within the
allotted period, send comments to the Lead Agency in writing.. all of which
should be incorporated and assessed in the final document. These comments
must be confined to project aspects or environmental effects germane to
LAFCO's subsequent discretionary action.
In making its determination on boundary change proposals, LAFCO will use the
environmental document prepared by the Lead Agency if it is deemed adequate
and
Prior if the procedures outlined. q
i rior to project approval, the Commission will
certify that s has reviewed and considered the information contained in the
Lead Agency's document.
LAFCO shall not approve a proposed project with significant impacts if it can
adopt feasible alternatives or mitigation P
P mitigation measures within its powers that would
substantially lessen the magnitude of such effects, unless it adopts a Statement
9 an.
of Overriding Consideration.
P
Upon approval of the project, LAFCO shall file a Notice of Determination with the
County Clerk.
In cases where LAFCO is the responsible agency but must do additiona
l
environmental work, the applicant will be responsible for all costs associated
with the preparation of these documents and for the Fish and Game fees.
deposit will be required A
$500 de
P q ed at the time of application submittal. The applicant
will then be billed as the work progresses. Should the final cost be less th
an
an
$500, the applicant will be refunded the unused portion of the deposit.
The applicant shall also be held responsible for the State Board of Equalization
fees. Followingthe LAF
CO hearing and any required conducting authority
proceedings, the applicant will be notified re regarding the appropriate SBE fees.
LAFCO will not issue a Certificate of Completion or record the
these fees have been received. proposal until
APPLICATION SUBMISSION
Completed application packets should be delivered or mailed to:
Local Agency Formation Commission
145 Fulweiler Avenue, Suite 110
Auburn, California 95603
LAFCO STAFF REVIEW OF THE PROPOSAL
Applications will not be accepted unless complete as provided i
upon receipt p n this manual.
Immediately P e pt of the application package, LAFCO staff will review the
documents and determine the appropriate fee level. The applicant wil
l II then be notified
IV-5
in writing as to any missing information and the required fee. Further proce
ssing ssing of the
application will cease until these items are submitted.
LAFCO staff will then give notice of the proposal to all affected agencies n
count departments. 9 a d various
y. Upon receipt of these comments, additional information or ma
corrections may be required of the applicant.
P
PP
Upon completion of the environmental review (if required� and the to x exchange
negotiations (as per the Tax and Revenue Code, Sections 99 et se
certification o q �' and upon
f the map and legal description, the application will be considered
complete. A Certificate of Filing shall be issued and the proposal shall be set for 'hearing.
The Executive Office shall review and analyze the proposal and shall prep
are a written
staff report with recommendations for consideration by the Commission. This report
shall be available not less than five days prior to the hearing.
g
COMMISSION HEARING
The hearings shall be scheduled not more than 90 days after the Certificate of Filing ling has
been issued. The applicant, all affected agencies, landowners and reg
istered voters
within the proposal and within a 300-foot perimeter of the proposal,
requesting notice will r P P and those
q 9 receive written notification of the date, time and place of the
hearing.
At the hearing the Commission will consider the staff report and the recommendations.
The Commission will then open the hearing for public comment. At this time the
Commission will consider comments from the applicant or an other affected y c ed or
interested agency or individual. It should be noted that this is not intended to be a
protest hearing. The Commission's task is to determine if the proposal is appropriate
. . •P
based upon legislative mandates, local policies, and existingcircumstances.ces. The
Commission must determine if the proposal is logical and supportable with respect
PP p ct to
service provision, governmental efficiency, and the protection of s en agricultural o
lands. 9 p pace
Since the Commission's hearing is not designed to measure support or opposition PP pp on to the
proposal, public comment at the Commission hearing is most effective if it is germane ne to
the those items that must be co
nsidered by the Commission. If the Commission
approves the proposal, the proposal proceeds to the conducting authority. It is during
ring
the conducting authority proceedings that the level of opposition measured.
FACTORS OF CONSIDERATION
As provided in Section 56668 of the Government Code, the factors to be considered by
the Commission in reviewing proposals shall include, but not be limited to
, the following:
a. Population, population density, land area and land use; per capita assessed
n � P P ssed
valuation; topography,
atural boundaries, and drainage basins; proximity to
other populated areas; the likelihood of significant growth in the area n incorporated n ' and in
adjacent incor
p and unincorporated areas, during the next 10 years.
IV-6
b. Need for organized community services; the present cost and adequacy q y 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 • p ►and of alternative courses of action on the
cost and adequacy of services and controls in the area and in adjacent areas.
c. The effect of the proposed action and of alternative actions, J 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
p e policies and priorities set forth in Section
56377.
e. The effect of the proposal on maintaining the physical and economic integrity
of agricultural lands. 9 Y
f. The definiteness and certainty of the boundaries of the territory, the
e
nonconformance of proposed boundaries with lines of assessment or
ownership, the creation of island or corridors of unincorporated territory,, and
other similar matters affecting the proposed boundaries.
g. 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.
pp
L The comments of any affected local agency.
j. The ability of newly formed or receiving entity to provide the services which
are the subject of the application to the area, including the suchn sufficiency of
revenues for services following h Y
g the proposed boundary change.
k. Timely availability of water supplies adequate for projected needs including,,
projected need
but not limited to, the ]p s as specified in Section 65352.5.
I. The extent to which the proposal will assist the receiving entityin achieving
g
its fair share of the regional housing needs as determined by appropriate
the a ro riate
council of governments.
m. Any information or comments from the landowner or owners.
n. Any information relation to existing land use designations.
In addition when the Commission is considering a sphere of influence it must address
four additional factors. These are listed in Section 54625 and include the following:
a. The present and planned land uses in the area, including agricultural ricultural and
open-space lands.
b. The present and probable need for public facilities and services in the are.
c. The present capacity of public facilities and adequacy of public services which
the agency provides or is authorized to provide.
d. The existence of any social or economic communities of interest in the area if
the commission determines that they are relevant to the agency.
In addition to the factors identified within the statutes, Placer LAFCO has adopted i
guidelines. These are P is own
policies and
9 e listed in Part III of this Manual.
IV-7
PRESENTING TESTIMONY TO THE COMMISSION
It is the Commission's task to determine if the proposal is logical and supportable 9 pp a with
th
respect to service provision, governmental efficiency, and the protection of agricultural
open space lands. It does this through ' g
g its consideration all relevant factors and its own
policies. The Commission`s hearing is not designed to measure support o pp or opposition
n to
the proposal. This is done at the conducting authority hearinglater in the process.
p s
For this reason, public testimony at the Commission hearingis most effective i 'f �t is
germane to the factors and policies that must be considered by the Commission. If the
Commission approves the proposal, the proposal proceeds to the conductingauthority.rity.
It is during the conducting authority proceedings that the level of opposition measured.
COMMISSION ACTION
At the close of the hearing, the Commission may take one of four actions. It may
continue the proposal for up y to 70 da s it ma, y a pprove the proposal, it may deny the
proposal, or it may conditionally approve the proposal. If the Commission denies the
proposal the matter cannot be resubmitted to the Commission for at least one year. If
the Commission approves the proposal with • • y
p p p th or without conditions, the proposal then
proceeds to the conducting authority (usually the LAFCQ that has jurisdiction) for a
protest hearing.
The Commission may waive the conducting authority proceedings for an uninhabited
bated
proposal (fewer than twelve registered voters), if a proposal meets the conditions
specified in Government Code, Section 56663(c)); that is
a. All owners of land within the affected territory have given their written consent
to the change of organization or reorganization.
b. All affected local agencies that will gain or lose territory as a result of the change
of organization or reorganization have consented in writing to a waiver of
protest proceedings.
c. The commission has provided written notice of commission to all
proceedings
property owners and registered voters within the subject territory and no
opposition is received prior to or during the commission meeting.
The Commission may waive the conducting authority proceedings for an inhabited
ed
proposal (twelve or more registered voters), if a proposal meets the conditions specified
in Government Code, d
( ), that Section 56663 p
at is
a. The commission has provided written notice of commission to all
proceedings
registered voters and landowners within the affected territoryand no
opposition from registered voters
g ers or landowners within the affected territory is
received prior to or during the commission meeting. The written notice shall
disclose to the registered voters and landowners that unless opposition i
expressed regarding the r � intention
s
9 g proposal or the commission's intention to waive
protest proceedings, that there will be no subsequent protest and election
proceedings.
b. All affected local agencies that will gain or lose territoryas a result of the he
change of organization or reorganization have consented in writing to a waiver
of protest proceedings.
IV-8
When the conducting authority proceedings are waived, the Certificate of Completion will
be issued upon receipt of the State Board of Equalization filing fee and any other
outstanding fees and upon the satisfaction of any conditions of approval. Unless
otherwise specified in the LAFCO conditions, the date of issuance of the Certificate of
Completion is the effective date of the jurisdiction charge.
RECONSIDERATION
After the Commission adopts a resolution making determinations, any person or affected
agency may file a written request to reconsider the action or certain aspects of the
action. The request must state the specific modification being requested and must state
"what new of different facts that could not have been presented previously, or applicable
new law, are claimed to warrant the reconsideration." (Section 56895) It must also
include the requisite fees (see fee schedule included in Part VI of the manual).
The request must be made within 30 days of the initial resolution. The filing of a
reconsideration will halt further proceedings on the proposal until the reconsideration
request is heard by the Commission. The Commission may disapprove, or approve
wholly, partially, or conditionally, the request. If the Commission adopts any changes to
the original resolution making determinations, it shall adopt a new resolution.
CONDUCTING AUTHORITY AND COMPLETION
Proposals not meeting the conditions set forth in Government Code, Section 56663(c)
and (d) are subject to a noticed protest hearing. The hearing shall be held by the
conducting authority (generally Placer LAFCO) within the timeframes set by statute and
to the extent possible at a regular hearing of the Commission.
The notice and hearing requirements for the conducting authority are found generally
within Sections 57000 et seq. of the Government Code. Although the conducting
authority proceedings may vary depending upon the type of proposal and the manner in
which it was initiated, the process can generally be described as follows:
1. The conducting authority is required to provide notice of the proposed protest hearing
a minimum of fifteen days prior to the hearing. Between the time in which the notice
is issued until the close of the public hearing, protest to the proposal may be received
and measured. only written protests from affected landowners or registered voters
are measured.
Written protests must contain basic information, including name, date, address,
parcel number and signature. Sample protest forms are available from the LAFCO
office.
2. Based upon the level of protest, the conducting authority must take one of three
actions. If protest is less than 25% of the landowners or 25% of the registered
voters.. LAFCO will order the proposal completed. If the protest is 25% or more of
the landowners or 25% to 50% of the registered voters, LAFCO will forward the
proposal to the appropriate entity for election. If the protest is greater than 50% of
the registered voters, the proposal is terminated.
IV-9
3. At the conclusion of the conducting authority proceedings, the conducting authority
shall adopt a resolution ordering the change of organization or terminating the
proposal.
4. If the change is ordered, the applicant will be required to satisfy any conditions of
approval and submit the State Board of Equalization fees and any other outstanding
fees prior to the issuance of the Certificate of Completion. Unless otherwise specified
in the LAFCO resolution, the date of issuance of the Certificate of Completion is the
effective date of the jurisdictional change.
IV-1 0