|
The Cortese Knox Hertzberg Act requires that LAFCO must make "findings" before approving an incorporation and sending it to the voters. These findings (and relevant State code section) are summarized below (Please refer to the Act for the complete text). Government Code Section 56720 (a) The incorporation must be consistent with: (a2) …encouraging and providing planned, well-ordered, efficient urban development patterns with appropriate consideration of preserving open-space lands within those patterns. (Section 56300) (a3) …discouraging urban sprawl, preserving open space and prime agricultural lands, efficiently providing government services, and encouraging the orderly formation and development of local agencies based on local conditions and circumstances. (Section 56301) (a4) …guiding development away from prime agricultural lands…(Section 56377) (c) LAFCO must review the Comprehensive Fiscal Analysis, which documents, for the three fiscal years following incorporation, the costs and revenues of the proposed city, and the effects on the costs and revenues of any affected local agency. (Section 56800) (d) LAFCO must review the Exec. Officer's Report and recommendation, and public testimony. (e)The proposed city is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following incorporation. Government Code Section 56815 Revenue Neutrality The incorporation should result in a similar exchange of both revenue and responsibility for service delivery among the county, the proposed city, and other subject agencies, unless: (1) The county and all of the subject agencies agree to the proposed transfer. (2) The negative fiscal effect has been adequately mitigated… (Source: EPF) |