State Law: Detachment From a City

The door swings both ways. Property Owners have the right to annex their property out of the City Limits.

Riverside LAFCO has a packet available online: http://lafco.org/application-m…

APPLICATION PACKET CONTENTS / CHECKLIST

A. INITIATION: Proposals for a change of organization/reorganization may be initiated in one of two ways: by resolution of an affected agency or by landowner/registered voter petition. If a proposal is to be initiated by petition, a Notice of Intent to Circulate Petition must be filed with the Executive Officer prior to circulation of the petition. See Section A for petition requirements, sample petitions and a sample resolution of application.

B. APPLICATION FORM: The Application Form included in Section B must be filled out completely and signed by the applicant.

C. PLAN OF SERVICES: The Plan of Services is the keystone of the proposal. The Plan must identify in detail how and when services will be provided and funded. Section C includes the standards for preparation of such plans. Submit unbound copies only.

D. BOUNDARY DESCRIPTION: With few exceptions, each proposal must include a metes and bounds legal description and associated map prepared to specific standards of LAFCO and the State Board of Equalization. Boundary descriptions must be reviewed and approved by the Riverside County Survey Division. Refer to Section D for specific boundary description standards and who may prepare them.

E. CEQA COMPLIANCE: Commission actions are subject to review under the California Environmental Quality Act. Section E describes the responsibility of the proponent/subject agency. Submit unbound copies only.

F. FISCAL IMPACT REPORT: For applications for annexation into a city, where the proposal has a land area greater than 100 acres, a fiscal analysis is required as part of the application. One unbound copy of the analysis must be submitted. Please see Section F for additional details about the required fiscal analysis.

G. ILLUSTRATIVE MAPS: Section G provides guidelines for illustrations that must accompany the application.

H. FEES: Section H lists fees required at the time of application as well as fees that might be required subsequent to Commission approval.

  1. SPHERE OF INFLUENCE AMENDMENT SUPPLEMENTAL APPLICATION: Required for all sphere of influence reviews and amendments.

J. CONTRIBUTION DISCLOSURE: State law requires the disclosure of contributions to Commissioners. Please see Section J for specific requirements and a list of Commission members.

California Govt Code 56765: A petition for the disincorporation of a city shall be signed by not less than 25 percent of the registered voters residing in the city proposed to be disincorporated as shown on the county register of voters.

California Govt Code 56768 : A petition for detachment of territory from a city shall be signed by either of the following:

(a) Not less than 25 percent of the registered voters residing within the territory proposed to be detached, as shown on the county register of voters.

(b) Not less than 25 percent of the number of owners of land within the territory proposed to be detached who also own 25 percent of the assessed value of land within the territory, as shown on the last equalized assessment roll.

California Govt Code 56770: The commission shall not approve or conditionally approve any proposal that includes a disincorporation, unless, based on the entire record, the commission makes all of the following determinations:

(a) The proposed disincorporation is consistent with the intent of this division to provide for a sustainable system for the delivery of services.

(b) The commission has considered the service reviews of municipal services and spheres of influence of the affected local agencies, and the disincorporation will address the necessary changes to those spheres of influence, if any.

(c) It has reviewed the comprehensive fiscal analysis prepared pursuant to Section 56804.

(d) It has reviewed the executive officer’s report and recommendation prepared pursuant to Section 56665, and the oral or written testimony presented at its public hearing.

(e) The service responsibilities of the city proposed for disincorporation have been assigned through terms and conditions authorized by Sections 56885.5, 56886, and 57302, and Chapter 5 (commencing with Section 57400) of Part 5.