Bill Text

Bill Information


Add To My Favorites | print page

AB-2370 Local agency formation: annexation.(2001-2002)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB2370:v89#DOCUMENT

Assembly Bill No. 2370
CHAPTER 614

An act to amend Sections 51296.3, 51296.4, and 56749 of, and to add Sections 56426, 56426.5, and 56856.5 to, the Government Code, relating to local agency formation.

[ Filed with Secretary of State  September 17, 2002. Approved by Governor  September 16, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2370, Thomson. Local agency formation: annexation.
Existing law prohibits a local agency formation commission from approving or conditionally approving a change of organization or reorganization that would result in the annexation to a special district of territory that is within a farmland security zone if that special district provides or would provide facilities or services or services related to sewers, nonagricultural water, or streets and roads unless the facilities or services benefit land uses that are allowed under the contract and the landowner consents.
This bill would prohibit the commission from approving or conditionally approving a change of organization or reorganization or a change in a sphere of influence of a local government agency that would result in the annexation to a city or special district of territory that is subject to a contract in a farmland security zone or a contract to conserve agricultural land under prescribed conditions if the city or special district provides or would provide those facilities or services, unless the facilities or services benefit land uses that are allowed under the contract and the landowner consents. The bill would nevertheless authorize the commission to approve such a change of organization or reorganization if it makes a specified finding. The bill would also make various conforming changes.

The people of the State of California do enact as follows:


SECTION 1.

 Section 51296.3 of the Government Code is amended to read:

51296.3.
 Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security zone to a city. However, this subdivision shall not apply under any of the following circumstances:
(a) If the farmland security zone is located within a designated, delineated area that has been approved by the voters as a limit for existing and future urban facilities, utilities, and services.
(b) If annexation of a parcel or a portion of a parcel is necessary for the location of a public improvement, as defined in Section 51290.5, except as provided in Section 51296.5 or 51296.6.
(c) If the landowner consents to the annexation.

SEC. 2.

 Section 51296.4 of the Government Code is amended to read:

51296.4.
 Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security zone to a special district that provides or would provide sewers, nonagricultural water, or streets and roads, unless the facilities or services provided by the special district benefit land uses that are allowed under the contract and the landowner consents to the change of organization or reorganization.

SEC. 3.

 Section 56426 is added to the Government Code, to read:

56426.
 The commission shall not approve or conditionally approve a change to the sphere of influence of a local government agency of territory that is subject to a farmland security zone contract pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1, if that local government agency provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract and the landowner consents to the change to the sphere of influence.

SEC. 4.

 Section 56426.5 is added to the Government Code, to read:

56426.5.
 (a) The commission shall not approve a change to the sphere of influence of a local government agency of territory that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1) if that local government agency provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract and the landowner consents to the change to the sphere of influence.
(b) Notwithstanding subdivision (a), the commission may nevertheless approve a change for that territory if it finds either of the following:
(1) That the change would facilitate planned, orderly, and efficient patterns of land use or provision of services, and the public interest in the change substantially outweighs the public interest in the current continuation of the contract beyond its current expiration date.
(2) That the change is not likely to adversely affect the continuation of the contract beyond its current expiration date.
In making this determination, the commission shall consider all of the following:
(A) The policies and implementation measures adopted by the city or county that would administer the contract both before and after any ultimate annexation, relative to the continuation of agriculture or other uses allowable under the contract.
(B) The infrastructure plans of the annexing agency.
(C) Other factors that the commission deems relevant.
(c) This section shall not apply to any of the following:
(1) Territory that is subject to a contract for which a notice of nonrenewal has been served pursuant to Section 51245.
(2) Territory that is subject to a contract for which a tentative cancellation has been approved pursuant to Section 51282.
(3) Territory for which the governing body of the county or city administering the contract has given its written approval to the change and the landowner consents to the change.

SEC. 5.

 Section 56749 of the Government Code is amended to read:

56749.
 (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city of territory that is within a farmland security zone created pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Division 1 if that city provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads, unless the facilities or services provided by the city benefit land uses that are allowed under a farmland security zone contract and the landowner consents to the change of organization or reorganization. However, this subdivision shall not apply under any of the following circumstances:
(1) If the farmland security zone is located within a designated, delineated area that has been approved by the voters as a limit for existing and future urban facilities, utilities, and services.
(2) If annexation of a parcel or a portion of a parcel is necessary for the location of a public improvement, as defined in Section 51290.5, except as provided in subdivision (f) or (g) of Section 51296.
(3) If the landowner consents to the annexation.
(b) This section shall not apply during the three-year period preceding the termination of a farmland security zone contract under Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1.

SEC. 6.

 Section 56856.5 is added to the Government Code, to read:

56856.5.
 (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city or special district of territory that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1), other than a contract entered into pursuant to Article 7 (commencing with Section 51296) of Chapter 7 of Part 1 of Division 1, if that city or special district provides or would provide facilities or services related to sewers, nonagricultural water, or streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract.
(b) This section shall not be construed to preclude the annexation of territory for the purpose of using other facilities or services provided by the agency that benefit land uses allowable under the contract.
(c) Notwithstanding subdivision (a), the commission may nevertheless approve a change of organization or reorganization if it finds any of the following:
(1) The city or county that would administer the contract after annexation has adopted policies and feasible implementation measures applicable to the subject territory ensuring the continuation of agricultural use and other uses allowable under the contract on a long-term basis.
(2) The change of organization or reorganization encourages and provides planned, well-ordered, and efficient urban development patterns that include appropriate consideration of the preservation of open-space lands within those urban development patterns.
(3) The change of organization or reorganization is necessary to provide services to planned, well-ordered, and efficient urban development patterns that include appropriate consideration of the preservation of open-space lands within those urban development patterns.
(d) This section shall not apply to territory subject to a contract for which either of the following applies:
(1) A notice of nonrenewal has been served pursuant to Section 51245, if the annexing agency agrees that no services will actually be provided by it for use during the remaining life of the contract for land uses or activities not allowed under the contract.
(2) A tentative cancellation has been approved pursuant to Section 51282.

SEC. 7.

 The changes in law made by this act shall not apply to any change of organization or reorganization initiated prior to January 1, 2003.