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LAFCO revises policy on development-related jurisdictional conflicts

Some development proposals are approved by an incorporated city or the county Board of Supervisors with conditions that the property be annexed into that city or into a special district. That sometimes creates a conflict between the city or special district gaining that territory, and the county or special district from which the territory is detached.

Each county in California has a Local Agency Formation Commission (LAFCO) which is responsible for jurisdictional boundary changes, including annexations and detachments as well as consolidations, dissolutions, and city incorporations.

In May 2010, San Diego County's LAFCO adopted Legislative Policy L-107, which established a procedure for cities, the County of San Diego, and special districts to discuss and potentially resolve jurisdictional conflicts related to development projects conditioned upon a LAFCO annexation.

Dianne Jacob, who is one of two county supervisors on the LAFCO board, noted that policy L-107 was adopted because developers were seeking jurisdictions which would process a proposal more favorably. “We're not seeing any of these kinds of projects lately,” she said.

Although Policy L-107 has facilitated early discussion between the affected local agencies, including the early identification and discussion of potential conflicts, the original policy only applied to development-related reorganizations and did not cover other jurisdictional changes with issues of concern for local residents, property owners, or other interested parties.

“It is somewhat limited in focus related to development projects," said LAFCO executive officer Mike Ott.

LAFCO staff has been using the procedures of Policy L-107 for non-development reorganization issues, and on April 4, 2016, the LAFCO board voted 8-0 to amend Policy L-107 so that it applies to all reorganizations.

The subject was changed from “Jurisdictional conflicts associated with proposed development” to “Jurisdictional issues associated with proposed or pending changes of organization or reorganization.”

The purpose statement, which had been “To establish a procedure for cities, special districts, and the County of San Diego to discuss and potentially resolve jurisdictional conflicts associated with development projects that require LAFCO discretionary approval(s),” is now “To establish a procedure for cities, special districts, the County of San Diego, and other interested parties and organizations to identify and discuss potential jurisdictional issues associated with proposed or pending LAFCO discretionary actions.”

The background statement adds that other interested parties, as well as jurisdictions, may have issues of concern while noting that such issues may include community character or cohesion, an agency's ability to extend public services, potential environmental impacts, appropriate transitional areas between jurisdictions, special district detachment issues, and other local community or governmental concerns.

The 2010 policy stated that prior to a reorganization proposal, submission representatives from the affected city, special districts, the County of San Diego, and applicable planning or sponsor groups and organizations shall meet at the earliest possible stage to identify and attempt to resolve issues. The update states that proposal applicants, representatives from public agencies, and interested parties, including organizations, shall meet at the earliest possible stage.

“What it does is give us that information on the front end of the proposal,” said LAFCO local governmental analyst Robert Barry.

 

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