CHAPTER IV. SPHERES OF INFLUENCE

Section 1. Legislative Authority

Government Code Section 56425 requires LAFCO to perform studies and adopt boundary plans for each local government agency subject to its authority. Those boundary plans are called "spheres of influence." A sphere of influence is defined as "Éa plan for the probable physical boundaries and service area of a local agency, as determined by the Commission."

A sphere of influence represents the area to which a city or special district is expected to eventually provide services. LAFCO will use spheres of influence to guide its consideration of proposals to change local government boundaries.

Designated spheres of influence are intended to resolve uncertainty concerning the availability and source of services for undeveloped land, promote orderly land use and service planning by public agencies, and provide direction to landowners when and if they seek additional or higher level services.

The Commission's decisions on individual proposals for changes to local government boundaries and organization must be consistent with the adopted spheres of influence for the local government agencies affected by the proposal. Proposals that are not consistent with adopted spheres of influence may not be approved without prior amendment to those spheres of influence.

State law requires the Commission to consider the following factors in determining a sphere of influence boundary:

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 which 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.
   
   

In addition, Marin LAFCO will consider natural features in its adoption of spheres of influence, including topography, bodies of water, ridgelines and wetlands.

In acting to adopt spheres of influence for each local government agency under its jurisdiction, the Commission may take the following types of actions:

• Adopt a sphere of influence that is larger or smaller than the present boundaries of the agency. Such a designation will be accompanied by a map showing the agency's present boundary and the sphere of influence or planned boundary. The areas between the present and planned boundaries define the territory in which the Commission anticipates territory to be annexed or detached.
  
  
• Adopt a "coterminous" or "status quo" sphere of influence that is equal to the current boundaries of the agency. This designation indicates that the Commission does not anticipate any change to the agencies boundary (annexations or detachments) or organization (consolidation, dissolution) in the foreseeable future.
  
  
• Recommend that a city or district be reorganized by adopting a "zero" sphere of influence, encompassing no territory. This designation indicates LAFCO's determination that, after consideration of all factors in Section 56425, that the agency should cease to exist and that its public service responsibilities should be re-allocated to another unit of local government through consolidation, dissolution or establishment as a subsidiary district.
  
  
• Where two or more single-purpose special districts providing the same service are contiguous, those districts may be allocated sphere of influence "in common" to include the areas served by both districts. This designation may be assigned where LAFCO believes that the particular service would be most efficiently provided to multiple communities by a single special district. This designation indicates the Commission's determination that two or more districts should be combined through consolidation or other reorganization process.

1. Designate the geographic area to which the services of each local government agency may be extended through annexation or other boundary change process.
   
   
2. Provide for extension of urban services only within adopted spheres of influence.
   
   
3. Promote orderly growth of communities whether or not services are provided by a city, county-governed district or independent special district.
   
   
4. Guide the consideration of boundary changes to ensure that extension of services is reasonable and feasible.
   
   
5. Assist local agencies in planning the logical and efficient extension of services and facilities to avoid duplication of services.
   
   
6. Assist property owners in anticipating the availability of services in planning for the use of their property.
   
   
7. Provide for the periodic review and amendment of adopted spheres of influence.
   
   
8. Preserve open space and agricultural resources.
   
   

Section 3. General Spheres-of-Influence Policies

1. Developed unincorporated lands located within the sphere of influence of a city or special district and which benefit from municipal services providedby such city or special district should be annexed to that city or special district. Vacant land in the same position should be annexed prior to development.
   
   
2. In its periodic review of adopted spheres of influence, the Commission will identify any instances in which city and county general plans are in conflict. The Commission will act to resolve such conflicts by facilitating direct negotiations between the affected city and the County prior to taking action to amend or reaffirm the adopted sphere of influence.
   
   In instances in which a city requests review of, or amendment to its own sphere of influence, the city making the request must seek consultation and agreement with the county on the planned boundaries and development standards for the area within the proposed sphere of influence as required by Government Code Section 56425(b).
   
   The Commission will delay action on (or deny "without prejudice") proposed boundary changes in unincorporated areas that would conflict with a city general plan until the identified conflict is addressed.
   
   
3. In reviewing city and district spheres of influence, the Commission will exclude lands in agricultural or open space use that function as community separators.
   
   
4. Where possible, a single larger agency will be preferred to a number of adjacent smaller agencies providing the same service.
   
   
5. General-purpose local government agencies will be preferred to limited-purpose services districts. Wherever possible, provision of multiple services by cities will be preferred because general-purpose agencies are best equipped to weigh community service priorities and their relationship to growth management and land-use planning authority.
   
   
6. In designating spheres of influence for local agencies, the Commission will avoid including territories which will not benefit from the services provided by those agencies. Areas designated for open space, recreation, preservation of wildlife habitat or other land resources in city of county general plans will generally be excluded from city and special district spheres of influence and thereby not be considered eligible for an extension of an urban level of services.
   

A.  Policies for the Review of City Spheres of Influence

1. Territory will be considered for inclusion within a city's sphere if that city's services can be efficiently extended and are shown to be needed within the next 10 to 15 years.
   
   
2. Sphere-of-influence lines shall act to preserve the community identity of physically distinct unincorporated communities where those communities receive adequate public services from the County and independent special districts.
   
   
3. Sphere-of-influence lines adopted by the Commission will act to encourage the political and functional consolidation of local government agencies where the boundaries of those agencies divide areas that are otherwise single communities.
   
   
4. The plans and objectives contained within the adopted General Plans of the cities and the County will be supported including recognition of urban growth boundaries and urban service areas designated by the County and cities in the County. Conflicts between city and county general plans for unincorporated territory may be identified in the course of sphere-of-influence studies. LAFCO will specify how those conflicts are addressed in the adoption of spheres of influence.
   
   
5. City spheres of influence should include unincorporated islands and corridors closely associated with the city's boundaries unless these areas are reserved for open space, agriculture or regional facilities which are best left unincorporated.
   

B.    Policies for the Review of Special District Spheres of Influence

1. Where a special district is coterminous with, or lies substantially within, the boundary or sphere of influence of a general-purpose government which is capable of assuming the public service responsibilities and functions of that special district, the special district may be allocated a designation of a zero influence which encompasses no territory. However, the provision of services to a multi-city area may be a logical role for special districts in urban areas where affected cities are less capable of providing a service than a regional special district.
   
   
2. Where two or more single-purpose special districts providing the same service are contiguous, those districts may be allocated sphere of influence in common to include the areas served by both districts. This designation may be assigned where LAFCO believes that the particular service would be most efficiently provided to the entire area by a single special district.

C.   Service Reviews

In order to prepare and update spheres of influence, LAFCO will conduct service reviews as required by Government Code Section 56430. A service reviews is an analysis of the provision of each service provided by agencies under LAFCO's jurisdiction within a defined geographic area as defined by the Commission. The Commission will review all of the agencies that provide the identified service or services within the designated geographic area and include written statement of its determinations with respect to the following factors as required by State Law:

1. Infrastructure needs or deficiencies;
   
   
2. Growth and population projections for the affected area;
   
   
3. Financing constraints and opportunities;
   
   
4. Cost avoidance opportunities;
   
   
5. Opportunities for rate restructuring;
   
   
6. Opportunities for shared facilities;
   
   
7. Government structure options, including advantages and disadvantages of consolidation or reorganization of service providers;
   
   
8. Evaluation of management efficiencies; and
   
   
9. Local accountability and governance.
   

Service reviews will be used by the commission to expand public knowledge of how local services are provided and as data for its sphere-of-influence determinations. The Commission will generally follow State Guidelines governing the conduct of service reviews, exercising its discretion to fit local conditions.

Section 4. Procedures for Review of Adopted Spheres of Influence

California Government Code Section 56425 (b) requires LAFCOs to "Éperiodically review and updateÉ" adopted spheres of influence. LAFCOs are also required to schedule a hearing on a proposal for an amendment to a sphere of influence when submitted by resolution of the County or a local agency.

The adequacy of each adopted sphere of influence will be reviewed every five years from the date of its adoption or most recent review. The Commission may either reaffirm spheres as previously adopted or may restudy spheres to evaluate the need to amend them. Spheres may be restudied where significant changes in land use, planning policy, demand for public service, service capabilities, or relationship to other government agencies have occurred. The Commission may consider amendments to adopted spheres of influence out of the order determined by the five-year cycle when requested to do so by resolution of a local agency or where the Commission otherwise deems appropriate. Each subject agency will be notified of pending review of its sphere of influence and will be requested to participate actively in any restudy deemed necessary by the Commission.

A.    Procedure for Periodic Review

1. Each year the Commission will consider the oldest one-fifth of the adopted spheres of influence and determine which may be reaffirmed without additional review and which will require restudy for possible amendment. In order to assist the Commission in its determinations, staff will conduct a preliminary survey to assess the adequacy of the selected spheres and make recommendations for reaffirmation or restudy to the Commission at a public hearing.
   
   
2. The Commission will take action to reaffirm existing spheres not selected for restudy following a noticed public hearing.
   
   
3. Spheres of influence authorized for restudy will be examined for changes in conditions and policies since adoption or most recent review.
   
   
4. The Commission will hold noticed public hearings and make determinations on the spheres of influence which have been restudied. Staff will provide a report and recommendation on spheres of influence reviewed by the Commission.
   
   
5. Commission actions to adopt, amend or affirm spheres of influence will be taken by resolution, including a map of the adopted sphere of influence and a statement of the Commission's determinations.
   

B.     Procedure for Requests for Sphere of Influence Amendments

The Commission will at any time receive and schedule hearing requests for amendment to spheres of influence submitted by any person or by resolution of an affected local agency as required by Government Code Section 56428.

The request for sphere-of-influence amendment 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.

Minor amendments of adopted spheres of influence may be considered by the Commission concurrently with a proposal for a change of organization. Any significant change to an adopted sphere of influence will be considered independently of and prior to any associated boundary change proposal according to the process for periodic review and amendment of spheres of influence established elsewhere in these Policies, Procedures and Guidelines.

The Commission will undertake requested review of adopted spheres of influence where it determines that significant changes in land use, planning policy, demand for public service, service capabilities, or relationship to other government agencies have occurred.

In scheduling requests for sphere-of-influence review hearings, the Commission may at its option adhere to the five-year cycle established by this policy or set an earlier hearing date.

C. Funding of Special Studies

1. LAFCO will conduct any studies of local government services or structure it deems necessary as authorized by Government Code Section 56378 to fulfill its legislative mandates. Such studies will be funded through the Commission’s regular financial resources and reserves, supervised and controlled by the Commission with the advice of affected agencies.
   
   
2. In the event that the County, cities, special districts or civil organizations request LAFCO to undertake intergovernmental or multi-jurisdictional study of municipal type services in addition to studies undertaken by the Commission for service review or sphere of influence update purposes, LAFCO will consider management and/or contributing to the cost of the study based on the proposed study’s relevance to LAFCO’s service review and SOI update programs. Requesting agencies or other potential applicants will be required to pay study costs in excess of those costs to be incurred by LAFCO in the regular fulfillment of its legislative mandates.
   
   
3. Applications for changes of organization requiring extended study in order to provide adequate information to the Commission to support its determinations shall be undertaken by the Commission at the expense of the applicant.