Cal. Gov. Code § 56668

Current through the 2023 Legislative Session.
Section 56668 - Factors considered in review of proposal

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; assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; and the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years.
(b)
(1) 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; and 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.
(2) "Services," as used in this subdivision, refers to governmental services whether or not the services are services that 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.
(h) The proposal's consistency with city or county general and specific plans.
(i) The sphere of influence of any local agency that may be applicable to the proposal being reviewed.
(j) The comments of any affected local agency or other public agency.
(k) The ability of the newly formed or receiving entity to provide the services that are the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change.
(l) Timely availability of water supplies adequate for projected needs as specified in Section 65352.5.
(m) 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.
(n) Any information or comments from the landowner or landowners, voters, or residents of the affected territory.
(o) Any information relating to existing land use designations.
(p) The extent to which the proposal will promote environmental justice. As used in this subdivision, "environmental justice" means the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect to the location of public facilities and the provision of public services, to ensure a healthy environment for all people such that the effects of pollution are not disproportionately borne by any particular populations or communities.
(q) Information contained in a local hazard mitigation plan, information contained in a safety element of a general plan, and any maps that identify land as a very high fire hazard zone pursuant to Section 51178 or maps that identify land determined to be in a state responsibility area pursuant to Section 4102 of the Public Resources Code, if it is determined that such information is relevant to the area that is the subject of the proposal.

Ca. Gov. Code § 56668

Amended by Stats 2019 ch 360 (AB 1628),s 2, eff. 1/1/2020.
Amended by Stats 2018 ch 990 (AB 2238),s 1, eff. 1/1/2019.
Amended by Stats 2018 ch 86 (AB 3254),s 9, eff. 1/1/2019.
Amended by Stats 2014 ch 112 (AB 2762),s 7, eff. 1/1/2015.
Amended by Stats 2010 ch 328 (SB 1330),s 93, eff. 1/1/2011.
Amended by Stats 2009 ch 570 (SB 215),s 1, eff. 1/1/2010.
Amended by Stats 2007 ch 428 (SB 162),s 1, eff. 1/1/2008.
Amended by Stats 2006 ch 172 (AB 3074),s 7, eff. 1/1/2007.
Amended by Stats 2003 ch 176 (AB 518), s 2, eff. 1/1/2004.
Added by Stats 2000 ch 761 (AB 2838), s 99, eff. 1/1/2001.