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45-300 CLUB DRIVE INDIAN WELLS, CALIFORNIA 'V2260
DEVELOPMENT KEY
1 . Los Lagos (90 Units)
2 . Desert Horizons Country Club ( 500 units)
3 . Lewis Homes (58 units)
4 . Dorado Villas (120 units)
5. Desert Cove Country Club (1100 units)
6. Finn Construction (24 units)
7 . Burger Development Co. (74 units)
8. The Estates (56 units)
9. Parcel Map 10909 (no project)
10. Indian Springs (19 units)
11 . McDermott Enterprises (29 units)
12. Teepee Club Hotel (90 hotel units)
13 . Resort Towns International
(350 hotel units , commercial , athletic club)
14 . Sandpiper by Bergheer Phase I (42 units)
15. Sandpiper by Bergheer Phase II (91 units)
16. Krueger (4 units)
17. Main Street Development Co. (52 units)
18. Sandpiper Cove Phase II (45 units)
19 . Sandpiper Cove Phase I (45 units)
20 . Sandpiper Cove Phase III (54 units)
21 . Indian Wells Racquet Club Phase II (110 units )
22. Indian Wells Racquet Club Phase I (existing)
23. Fire Station and future City Hall
24 . Dura-Style Homes (6 units)
I
ernn
Development Status Key_ ��"""_"'« ,s.aoo clue DRIVE
* •Under Consideration INDIAN WELLS, CALIFORNIA 92260
** Approved Effective Date May 1979
*** Under Construction
Total Unit Type
Units Condo
roject (Developer) location Propsd SFDU nctc u Utcho Hotel Additional Data
Tract 12533 (Los S.W.Corner of
Lagos) Contact: Cook St%Av 44 '90 90 Water oriented,
Tom Gibson Tennis oriented.
***(714).578-7676
Tract 11870(Desert N. of SH Ill@ Tract is Phase 1
Horizns) Contact: Rncho Plmrs Di 110 110 500 Unit Private
Wm. Padgett _ Golf Club.
***(714)568-5691
Tract 12762 (Lewis West side of
Homes)Contact: Cook St, 400 '
Betty Williams S. of SH 111 58 58 Single family
** (714) 568-2711 Subdivision.
Tract 10055(Dorado N.E.crn. of 120 120
Villas) Contact: Cook St. and Tennis oriented
John Snyder *** Fairway Dr. private community.
(714) 324-1125
C.U.P. 2-78-7 S. of Frwy Dr 1100 (Unde ermined ro. of a h) Prvt. golf club
Desert Cove.' at Cook St. community(36 holes)
Contact:Jim Pearce
** (714) 346-8993
Tract 9954(Finn 'Con E. side of Rai 24 24 Sin. Fam. Subdiv.
struction)Contact: cho Plmrs. Dr lot sales.
Greg Finn at Pntd. Des.
*** (714) 346-4007 Dr.
Tract 10262 (Burger) W. side of E1 74 74 Sin. Fam. Subdiv.
Contact: John Finn, dorado Dr. So lot sales.
Jr. *** of Osage Ct.
(714) 346-4007
Tract 10863 (The W. side of E1 56 56 Sin. Fam. Subdiv.
Estates) Contact: dorado Dr. at
Betty Williams Osage Ct.
*** (714) 568-2711
Tract 100,97(Indian E. of Apache 19 19 Det. condo with com-
Springs) Contact: at Osage Ct. mon lot, tennis ct. ,
Grant Hornbeak and pool.
***(714) 564-4038
Tract 12720(McDer- N. of Shoshon 29 29 Sin. Fam. Subdiv.
mott Enterprises) on Camino Del
Contact: Colin Rey
McDermott **
(714) 346-0745
C.U.P. 2-78-6 S.E. corner o 90 90 Hotel with restaur-
(Teepee Club Hotel) SH Ill and ant.
Contact: Rick Hol- Indian Wells
den. **714 346-5088 Lane
C.U.P. 2-78-8 N. of SH Ill 350 350 Hotel, commercial
Resort Towns Int. at Club Dr. village, 3 restaur-
Contact: Frank ants, athletic and
Laulaiven ** racquet club
(714) 675-1749
Tract 9846-1 (Berg- E. of Pueblo 42 42 Duplex condos
beer) Contact: Drive Phase I
Mary Ann Gould
***(714)973-1080
Tract 9846(Berg- W. of Manitou
beer) Contact at Sandpiper
Mary Ann Gould Drive 91 91 DupleX condos
***(714)973-1080 Phase II
�Jlil"eul,li�eCls I 1
evelo ment Status Key 45-300 CLUB DRIVE
Under Consideration INDIAN WELLS, CALIFORNIA 93160
i
* Approved Effective Date—may 1979
** Under Construction
-- -- --- Y . ... - . .
Total Unit T pe
Units Condo
roject (Developer) Location Proosd SFDU +ttc o L)tcnd Hots Additional Data
Parcel Map 10397 N. of Iroquois 4 4 P.U.D. .w/tennis
(Krueger) Contact: 1/4 mile east court and pool
Showcase Homes of Manitou for common lot.
*** (714) 534-9620
Tract 13155 (Main St W.E. corner o 52 52 Duplex unit,
Dev.) Contact: Ed S.H. 111 and private community.
Rabalais ** Bay Club Dr.
(714)973-2120
Tract 4319-1 (Sand- Quail Run, S. 45 45 Phase I; duplexes;
piper Cove) Contact: of Iroquois completed.
Jim Vocke
�I (714) 345-2591
'Tract 4319-2 (Sand- Quail Run, S. 45 45 Phase II; duplexes;
piper Cove) Contact of Iroquois near completion.
Jim Vocke
***(714) 345-2591
Tract 13882 (Sand- Quail Run, S. Phase III; Duplexes
'piper Cove)Contact: of Iroquois 54 54
Jim Vocke
*(714) 345-2591
Tract 9847 (1. W. Bay Club Driv 110 110 Fourplexes, duplexes
Racquet Club Phase I 1/4 mile s.of Phase II of existing
Contact: Jim Vocke S.H. 111 I.W. Racquet Club
***(714) 345-2591
Indian Wells Fire N.E. corner City Fire Station to
Station. Contact: of Eldorado be completed by
Prince Pierson, Dr. 6 S.H. 11 October, 1979
City Manager
*** (714) 345-2831
Tract 11052 (Dura E. side of 6 6 P.U.D. w/common
Style Homes) Contact Club Drive area.
Rick Holden ** S. of SBnd-
(714) 346-5088 piper Dr.
32. 35 I 35 56
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PN�RE .pF INPIUENCE - CITY QFINDI N' V;iE iB f
AQoFrED' BY RcyERsfl)E CObNTy LA. �
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RESOLUTION NO. 79-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CONTIGUOUS
TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE
ITUNICIPAL ORGANIZATION ACT OF 1977 , WHICH PROCEEDINGS
ARE DESIGNATED AS ANNEXATION NO. 8 .
WHEREAS , the City Council did, by Resolution No . 78-173 ,
adopted on December 28 , 1978 , initiate annexation proceedings
for Annexation No . 8 ; and
WHEREAS , the Local Agency Formation Commission held a
Public Hearing relative to Annexation No . 8 on March 8 , 1979 , and
approved said annexation with the recommendation that the City
Council of the City of Palm Desert be authorized to proceed; and
WHEREAS, a duly noticed Public Hearing was held by the
City Council at their regularly scheduled meeting of April 26 , 1979 ,
at which time all persons desiring to be heard did give input, and
no written protests were filed by any owners of land and improve-
ments within the territory to be annexed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Palm Desert , California , as follows :
1 . That the territory described in Exhibits "A" and "B"
attached hereto and made a part hereof by reference , be , and the
same is hereby, by this Resolution, annexed to the City of Palm Desert .
l 2 . That the City Clerk is hereby instructed and directed to
J transmit a certified copy of this Resolution to LAFCO along with any
other required submittals .
PASSED, APPROVED and ADOPTED this day of , 1979 ,
by the following vote , to wit :
AYES :
NOES :
ABSENT :
ABSTAIN:
EDWARD D . MULLINS , Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert , California
/d
I
STAFF REPORT
TO: Honorable Mayor and City Council
REPORT ON:
Palm Desert Annexation No . 8
As required by LAFCO, a public hearing has been noticed
for City Annexation No. 8 for the Council meeting of April 26 , 1979 .
No written protests by propertyowners within said territory has
been filed.
RECOMMENDATION:
Order the territory to be annexed by waiving further reading
and adopting Resolution No . 79-46.
RESOLUTION NO. 78-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION
COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS, "PALM DESERT
ANNEXATION NO. 8" , PURSUANT TO SECTION 35140 OF THE STATE
GOVERNMENT CODE.
WHEREAS, one hundred percent of the property owners have requested,
by petition, within the area hereafter known as, "Palm Desert Annexation No. 8,'
and more particularly described in the attached map and legal description; and
WHEREAS, the California Environmental Quality Act has been complied
with, pursuant to City Council Resolution No. 78-32, in that all responsible agencies
have been contacted and a Negative Declaration has been prepared; and
WHEREAS, the City Council has determined that the proposed change of
organization is appropriated for the following reasons:
1 . The request is a logical expansion of the City boundaries.
2. The proposed annexation is consistent with the Municipal Organization
Act of 1977 which encourages limiting the number of annexations to
those areas considered logical growth areas.
3. The proposed area to be annexed is of satisfactory size to provide
municipal services without adversely affecting the rest of the
community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1 . The above recitations are hereby determined to be true and correct and
l represent the findings of the Council in this matter.
1 2. The City Clerk is hereby instructed to file an official application
with the Local Agency Formation Commission for Palm Desert Annexation
No. 8, pursuant to the Municipal Organization Act of 1977 for uninhabited
territory since less than twelve registered voters reside in the area.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council , held on this day of 1978, by the following vote, to wit:
AYES:
NOES:
ABSENT: .
ABSTAIN:
EDWARD D. MULLINS, MAYOR
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
do
i
a
PROPOSED ANNEXATION NO. 8
TO THE CITY OF PALM DESERT
ANNEXATION DESCRIPTION
Beginning at a point in the easterly line of the City of Palm Desert, County
of Riverside, State of California, said point being the common Section corner
of Sections 3 and 4 and Sections 9 and 10, Township 5 South, Range 6 East,
San Bernardino Base and Meridian;
Thence, easterly along the aforementioned common Section line of Sections 3
and 10, a distance of 5,313.84 feet to a point, said point being the common
Section corner of Sections 2 and 3 and Sections 10 and 11 , Township 5 South,
Range 6 East, San Bernardino Base and Meridian;
Thence, South 000 00' 36" West, a distance of 2,656.04 feet;
Thence, South 890 48' 31" West, a distance of 5,315.98 feet;
Thence, North 000 04' 58" East, a distance of 2,654.82 feet to the point
of beginning.
This parcel of land contains 323.94 acres more or less.
COUNTRY CLUB DRIVE
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— COUN TRY CLUB DRIVE
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PROPOSED PALM DESERT
CITY LIMIT 2
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^I PROPOSED PALM
DESERT CITY LIMIT
S. 8 9 ° 4 8 ' 31' W.
2657. 95 I 2658. 03 ;T
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PALM DESERT CITY LIMIT COUNTY OF RIVERSIDE
L.A.F. C. 78 -
A.J.O. PROPOSED ANNEXATION NO. 8
• DATE 12- 12 - 7 B SCALE 1"1 800 1
TO THE CITY OF PALM DESERT
IN SECTION 10 ,T-5-S R-G- E S . B. B. 9 M. STD. DRAWING NO.
CITY ENGINEER ENGINEERING DEPARTMENT CITY OF PALM DESERT L - $-A
OATAPNINT M1,24
MESSAGE FROM INDTAN WELLS VICE MAYOR RICHARD H. BUSS , <y-&.t
` •' TO PALM DESERT 1Y COUNCIL, APRIL 26 , 197
Mr. Mayor, Councilpersons, My name is Dick Buss, here at the
request of the Indian Wells City Council to express our city ' s
4�
position ve your proposed annexation of 160 acres, which lies in
our sphere of influence.
To recapitulate , we understand that LAFCO, the Local Agency
Formation body of seven appointed men, was recently approached
by former State Assemblyman Tom Suitt, who had been retained
for this purpose by Irwin Seigal , part owner of the subject
property. The LAFCO "aoard then reversed its decision on
Indian i9e!1s sphere of last year and voted unanimously, to approve
41
Palm Desert ' s request for this annexation. We regret that we
regard this as a capricious , weathervane kind of action which
certainly cannot redound to the credit of this body.
Specifically , the presiding individual .of LAFCO , who refers
to himself as Geller-hyphen-Boyd, denied our representatives
one word of presentation at this meeting. The decision was made
without debate being allowed . There are many succinct phrases
to describe this, but "process of democracy" is not one of them.
T`;is denial was delivered with what was described as quote "venom"
unquote. We have difficulty understanding why an attourney from
Palm Springs would concern himself with venomous emotion in the
affairs of a small city 15 miles away, which is simply attempting
to develop itself in a fiscally responsible and orderly fashion.
-2-
Proceeding to the relations between our two cities , let me
present a chronology.
In February, 1978, the two present mayors and two present
city managers met and agreed on the present boundaries of our
two spheres and snook hands .
Our sphere boundary was then approved by your city council
by resolution.
At this time the 160 acres you are proposing to annex in our
sphere were owned by Inglewood Associates of Cathedral City.
Irwin Seigal purchased this property after the establishment of
the sphere. It is now recorded in the name of his children
Terri and Richard Seigal .
We are informed that the entire 320 acre parcel in the
names of Irwin and Mfrs. Seigal and the two children, purchased
at about $7500 per acre have been and are on the market at
S20,000 per acre, or a profit of 321 million. We don't feel
financial hardship is a factor here.
The plan submitted to your city is a mirror image of the
Desert Horizons project with the density doubled. There is no
substantial planning involved, except by Desert Horizon.
Your own planning commission approved this plan only with
the proviso that it also be approved by our planners .
Members of the council your own city manager has stated
that this project would be a financial liability to your city.
It would have to be supported out of your sales tax revenues
along with everything else. In addition you would be
acquiring .z mile of maintenance responsibility along El Dorado
-3-
drive, which we wish to extend to Interstate 10 so that there
will be another way to get into both of our Core Communities .
Vie are separate cities but we are really a social and
economic unit who should support each other.
I would like to tell you the exact words we used before the
county board of supervisors two weeks ago . We do make the
largest per capita tax contribution of any city in Riverside
County. In exchange , due to the retirement nature of our
community, we require only one-twentieth of the school services
of the average city. We think we are an asset to the county of
Riverside . We also think our proximity is an asset to the
Cove business con-ounity.
We feel that your actions on this annexation to this point
represent an egregious breach of faith -which will preclude any
kind of normal cooperation between our two cities in the
forseeable future. This totally unnecessary controversy must
colt both of our cities legal fees over a period of years.
The contents of this packet will be disseminated to all
17 media of communication in the Coachella Valley. 'Ne ask you
to carry over this public hearing to a future date so that
you may properly plumb the opinion of Palm Desert residents.
In closing I would like to leave you with this thought ,
When a public official delegates an excessive amount of his
vested authority he also frequently places his integrity in
hands which may not value it as much as he does.
Thank you and goodnight
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
March 14 , 1979
The Honorable Frank Chilson, Mayor
City of Indian Wells
45-300 Country Club Drive
Indian Wells, California 92260
Dear Frank:
Thanks for your letter of March 13, 1979. 1 agree with you that a cooperative
spirit between our two cities is essential .
r
However, I attended the LAFCO meeting with Marty Bouman and made a brief pre-
sentation myself concerning this city' s Annexation No. 8. I feel that both of
our presentations dealt with factual material , certainly without any intent to
hinder cooperation between our two cities.
We have a situation here in which we disagree on what I consider to be a minor
point. Our City was not overly concerned about whose jurisdiction prevails. It
was not a "land grab" , and sets no precedent. Financially, a project of this
nature will be a liability rather than an asset for us (it costs more to service
than the revenues it produces) . Our primary concerns , therefore, are what is
best for the ultimate residents of the project, what is best for the people of
the region as a whole and to a degree, what is best for the property owner who
is making the investment and taking the risk.
I 'm sorry that you feel our staff may be widening the cooperation gap, but I was
there and I heard commendable presentations by both sides. We went before the
tribunal , and as your City did, we gave it our best shot. It could have gone i
either way.
Let' s work together on what are really more important issues such as flood control , }
paramedic service, fire protection, adequate housing and transportation. Those j
are the things we need to plan for and work toward because if we don' t, they can I
and will ruin both of our coMmunities. f+!
Sincerely, I
MARDtD�MOLLINS , MAYOR CO D
D MAR 1 4 1979 f
1 �OF PALM DESERT
EDM/dc CITY OF INDIAN WELLS
t
Section 10, Township S South, Range 6 East,
San Bernardino Base & Meridian
_ Sount.ry Club _Drive—__
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PALM DESERT nw F I NDIAN WELLS
SPHERE OF INFLUENCE , SPHERE OF INFLUENCE
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ISIEGEL LAND
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A• 1978 I
1 EXHIBIT B
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1 . • _, �.� •F ANNEXR,rIpNS
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T PDTENTIA OTF ND ERRITORY
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EXH�g�S E ,
LOCAL AGENCY FORMATION COMMISSION
COUNTY OF RIVERSIDE
COUNTY ADMINISTRATIVE CENTER
4080 Lemon Street, 12th Floor
Riverside, California 92501
PUBLIC HEARING
Thursday, April 12, 1979
9:00 A. M.
Board of Supervisors' Meeting Room
14th Floor, County Administrative Center
Riverside, California
AGENDA
1. Call to Order and Salute to the Flag.
2. Approval of Minutes of March 8, 1979.
3. HEARINGS:
Consent Calendar: (The 'LAFCO Commissioners may act on the Consent
Calendar items in a block with a single vote and without discussion. )
A.l LAFCO #78-46-5--Annexation #32 to County Service Area #61
Street Lights, Sunnymead Area
A.2 LAFCO #77-2-3 --Annexation of Territory to Idyllwild Fire Protection
District
A.3 LAFCO #78-57-3--Formation of County Service Area #127
Ambulance Service, Desert Hot Springs (Continue 90 days at request
of applicant. )
A.4 LAFCO #78-68-4--Annexation #1027 to Valley Sanitary District
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
B.1 LAFCO 078-62-1--Formation of Clay Canyon County 1•later District
Water & Sewer Service, Temescal Canyon
B.2 LAFCO #79-4-3 --Detachment #1 from County Service Area f91
Street Lights, Valle Vista Area.
4. Letter from Indian Wells Re: Request for Reconsideration of Decision on
Annexation #8 to the City of Palm Desert.
5. Possible Hearings for June 14, 1979.
i6. Adjournment.
st
LOCAL AGENCY FORMATION COMMISSION
COUNTY OF RIVERSIDE
COUNTY ADMINISTRATIVE CENTER
4080 Lemon Street, 12th Floor
Riverside, California 92501
MINUTES OF MEETING
March 8, 1979
Present: Commissioners: Phil Reed, Chairman
Walt P. Abraham
F. Gillar Boyd, Jr.
Ray Brooks
Wayne H. Holcomb
A. C. Keith
Donald L. Schroeder
Staff: Wayne B. Curren, Assistant Executive Officer
Howard L. Powell , LAFCO Planner
William P. McNames, Deputy County Counsel
Lynda Thorson, LAFCO Secretary
Shirley Craig, Assessor's Office
Peter Hersh, Planning Department
Roger Streeter, Planning Department
Doug Beecroft, Survey Department
1. Call to Order and Salute to the Flag.
The meeting was called to order by Chairman Reed at 9:05 a.m.
2. Approval of Minutes of February 8, 1979.
The minutes of February 8, 1979 were approved as printed.
3. HEARINGS:
a. LAFCO N78-62-1--Formation of Clay Canyon County Water District
Mr. Curren stated that the applicant had requested that this item be continued
one month.
M/S/C (Schroeder/Holcomb) - to continue this proposal to the
April 12, 1979 meeting.
b. LAFCO k78-64-4--Annexation #6 to City of Palm Desert
Mr. Curren presented the proposal , stating that staff now had documented
evidence that there is 100% property owner's consent for the annexation.
Mr. Curren stated that this would change the staff recommendation by adding
that notice and hearing would not be required.
The Chairman opened the public hearing.
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# LAFCO Minutes
March 8, 1979
Page 3
The manning and equipment will have to be a joint undertaking of the City,
County and State Division of Forestry. At the time, there is no agreement
but there will be cooperative activity in the future.
Mr. Bouman stated that the annexation is in the sphere of influence of the
City of Indian Wells , but the City of Palm Desert does not feel that the
annexation development proposed would be in any way detrimental to the City
of Indian Wells. The annexation fulfills housing needs in the entire
Coachella Valley area. The City of Indian Wells is not in a position to
offer annexation to the developer. The planned development is something
both cities can be proud of.
Mr. Bouman commented that while spheres of influence are important, they are
only one factor that the Commission should take into consideration. The
wishes of the property owner should override the sphere of influence.
Commissioner Schroeder stated that in regard to fire protection service , the
State wants to get out of the urban-type fire protection business.
Commissioner Schroeder then asked if an environmental impact report had been
prepared. Mr. Bouman replied that an environmental impact report had been
done as part of the City's General Plan. Mr. Bouman stated that the City of
Indian Wells has not done so to his knowledge. Mr. Bouman also stated that
this project fits the zoning, and all environmental requirements have been
met. The density is less than was anticipated. Mr. Bouman further stated
that the City of Palm Desert is also fearful that the State may withdraw
from fire protection and that there have been meetings as to what can be done
if this should happen.
Mr. Mullins stated that the City Council , Planning Commission, and staff are
in favor of this annexation. He further stated that the project is a good
one and that there would not be any great differential between what is plan-
ned and what the City of Indian Wells may have planned in the area.
Mr. Mullins stated that the City of Palm Desert does wish to respect spheres
of influence as much as possible, that his city feels this is a situation
where the property owner has requested a good development to be in their
city. Mr. Mullins asked that the Commission approve the annexation.
Mr. Suitt stated that the annexation is a mile and a half from the city
limits of Indian Wells. In 1977, prior to the sphere of influence being
established, the property was being acquired by the owner. The property
overlaps into the sphere of influence of Indian Wells. Mr. Suitt stated
that he hoped the Commission would take the fairness of the annexation into
consideration.
Mr. Siegel said he had originally acquired the property in 1977 and has
consistently pursued the planning and objectives of a private golf course-
condominium community. Following the advice of the County Planning Depart-
ment, he determined that it was better to annex to the City of Palm Desert
to expedite the development and process of the entire project, and in order
to do that he had to wait his turn until the city boundaries reached his
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sa;nutW 00jtl1
LAFCO Minutes
March 8, 1979
Page 5
Mr. Carnes pointed out that at the time the sphere of influence was established
in February 1978, Mr. Siegel (or his organization) was not the owner of the
property. It is the City's understanding that there are 4 separate parcels of
approximately 80 acres each, two of which are in the sphere of influence.
Mr. Carnes stated that to permit a type of construction or to approve a
development such as suggested by Mr. Siegel would be incompatible with the
standards of Indian Wells and would seriously affect the adjoining property
within Indian Wells. Mr. Carnes stated that the developer is , in effect,
avoiding a current environmental study. Mr. Carnes further stated that the
environmental study made by Palm Desert is 4 years old and doubts whether it
would meet current standards of the law with respect to such studies.
Mr. Carnes remarked that the City of Indian Wells currently has a contract of
approximately $$750,000 to construct a fire station in an area about 1z miles
from the property in question. He commented that the advantages to the owner
would be, of course, that since Palm Desert has already taken certain action
with respect to his proposed development he could obtain quicker processing,
but his proposal would result in a 33 1/3% higher density.
Mr. Carnes stated that from the very beginning it has been the intent of the
City of Indian Wells to develop El Dorado Drive through to Interstate 10.
El Dorado Drive is located along the border of Mr. Siegel ' s property on the
east. This would mean that half of El Dorado Drive would be in the City of
Palm Desert and half in the City of Indian Wells.
Mr. Carnes stated that if the annexation is approved, that the Siegel property
would extend so far into the proposed zone it would seriously defeat the
servicing of the area and would also seriously defeat the aims of the City of
Indian Wells in developing the entire property.
Commissioner Holcomb stated that Mr. Carnes mentioned several times that
Indian Wells has very high standards, which lead him to believe that Palm
Desert does not. Consequently, it would not be in tune with Indian Wells .
Mr. Holcomb stated that if this is the case, it should be out in the open
because the Commission does not sit in zoning on this matter.
Mr. Carnes stated that it is his understanding that the property was actually
acquired subsequent to the time the sphere of influece was created .and,
therefore, the developer has taken exception to the existing laws and to the
subject of the existing sphere of influence. Mr. Carnes further stated that
if Mr. Siegel were to ask Indian Wells what they would expect him to do with
the half that is in its sphere of influence, the City would expect him to
develop the property in line with the standards established by the City of
Indian Wells.
Commissioner Brooks asked Mr. Carnes that if there were higher standards if it
would impede the development of the area, and what would happen on the side
toward Indio? Mr. Carnes replied that at the present time the county standards
are higher than the standards proposed by the City of Palm Desert and that he
believed the County's standards are the same as Indian Wells .
Mr. Sullivan stated that in this particular case, the City of Indian Wells
and the County have identical standards in terms of density. He further
4
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LAFCO Minutes
March 8, 1979
Page 7
involved in Annexation t8, and that Mr. Siegel is asking the Commission to
approve a plan whereby he can sell the development project, to give him an okay
to go ahead with a proposed project which is for sale. The people who want to
buy the property are waiting for the outcome of this annexation before they buy
the development and that other changes will be added.
Mr. Sullivan stated that the application for the sphere of influence by the
City of Indian Wells was not their initial request. The City of Palm Desert
passed a resolution indicating that Indian Wells should not have a sphere of
influence and after negotiations between the two cities there was a compromise
agreement. Palm Desert then passed a resolution stating that Indian Wells
should have a sphere of influence.
Mr. Sullivan further stated that the City of Indian Wells has indicated to
Mr. Siegel that they would be more than willing to annex his property, but that
Mr. Siegel apparently did not want to annex to the City of Indian Wells.
The Chairman closed the public hearing.
Mr. Curren stated that on the matter of the fire station as mentioned by
Mr. Bouman, that the equipping and manning of the fire station would be a joint
venture between the city and the county; that, if this were so, it would be a
significant first within this county. He knew of no case where a city cost-
shared with the county the manning of a fire station. Mr. Curren further
commented that the annexation alluded to by Mr. Sullivan and Mr. Carnes was
filed with LAFCO on February 22 and is noW under consideration. Also, infor-
mation shows that title to the property is the east side of Annexation k8,
passed in June 1978 to Siegel Enterprises .
Mr. Curren stated that there were a number of remarks made regarding orderly
planning and that Mr. Siegel made the remark he had been advised by the
County Planning Department to annex his property to the City of Palm Desert.
Mr. Curren commented that the Planning Department is part of the LAFCO staff
and that their remarks are incorporated into the staff report. Mr. Curren
further commented that the Planning Department' s recommendation was that this
annexation be denied, not based on the sphere of influence matter, but on other
matters. Mr. Curren suggested to the Commissioners that they would probably be
interested in hearing from Mr. Roger Streeter from the Planning Department.
Mr. Streeter reported that the Planning Department recommends denial of this
annexation. He clarified by stating that the County General Plan for this
area indicates this area as very low density residential with a designation of
0-3 units per acre, and from that standpoint should this be developed in the
County, it would be a much more time consuming process and the County would
require a General Plan Amendment prior to development. Mr. Streeter further
remarked that the General Plan (Cove Plan) itself, is a statement to this effect.
Mr. Streeter commented that the Planning Department does not feel that this area
should be developed to the densities proposed in this annexation. Mr. Streeter
stated that he felt the Planning Department and the County overall is attempting
to work with all of the communities within the Coachella Valley to pull plans
together to deal with some of the problems , but to date this has not been done.
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salnulW 033Vj
LAFCO Minutes
March 8, 1979
Page 9
city were to undertake an annexation of this sort, that that city perform a
specific environmental study of the proposed development project before the
Commission approves an annexation proposal which is accompanied by an underly-
ing development project.
Commissioner Boyd stated that he was concerned that Mr. McNames did not
express these same concerns for Annexation #6 to the City of Palm Desert, and
said that he would like to know the difference between the two annexations.
Mr. McNames replied that the issue had not been brought up during the hearing
on Annexation #6. Commissioner Boyd asked if it applied to Annexation #6 as
well as to Annexation #8. Mr. McNames answered that it did, and that it applied
to any city or district annexation where development of the project would be
approved subject to the annexation.
i
Commissioner Abraham asked Mr. McNames that if this annexation were approved
would Counsel suggest a condition that an EIR be performed on the annexation of
the property as a condition of the annexation. Mr. McNames answered that the
Environmental Quality Act and State Guidelines require that an environmental
study be performed. An environmental study starts as an initial study during
which a project is reviewed, and a determination is made by the lead agency
that either the project is one that for some reason will not have a signifi-
cant effect on the environment, or it may have a significant effect on the
environment and an environmental impact report will be required. The only con-
cern that this Commission has concerning annexations where development is an
integral part thereof, is that the lead agencies undertake the environmental
study.
A discussion ensued among the Commissioners and Mr. McNames.
M/S/C (Boyd/Brooks) - that Annexation #8 to the City of Palm
Desert be approved.
Commissioner Abraham left the meeting at 10:50 a.m.
d. LAFCO #78-63-5--Annexation #34 to County Service Area #61.
Mr. Curren presented the proposal . The Chairman opened the public hearing.
There being no proponents or opponents wishing to speak, the public hearing
was closed.
M/S/C (Holcomb/Schroeder) - that Annexation #34 to County
Service Area #61 be approved, and that the Board of
Supervisors be authorized conducting authority.
4. Possible Hearings for April 12, 1979.
Mr. Curren presented the possible hearings for the April 12, 1979 meeting.
Chairman Reed asked that annexations to county service areas be presented on
l
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LOCAL AGENCY FORMATION COMMISSION
COUNTY ADMINISTRATIVE CENTER
4080 Lemon Street, 12th Floor
Riverside, California 92501
March 2, 1979
TO: Local Agency Formation Commission
FROM: Wayne B. Curren, Assistant Executive Officer
SUBJECT: LAFCO #79-1-4--Annexation #8 to City of Palm Desert
PROPOSAL:
This is a proposal to annex 323.94 acres to the City of Palm Desert.
SUBMITTED BY:
The City of Palm Desert.
LEGAL REQUIREMENTS:
This proposal has met all requirements of the law. The map and legal description
were approved by the County Surveyor on January 8, 1979. The project has complied
with the requirements of the California Environmental Quality Act.
POPULATION:
Population is zero. .
LAND USE:
Existing county zoning is R-1 (Single-family Residential) .
ASSESSED VALUATION:
Assessed valuation of the land is $104,715 ( 1978-79 Equalized Tax Roll ) .
COMMENTS:
The City of Palm Desert proposes to annex approximately 323 acres between Cook
Street on the west and reaching eastward to an extension of Del Safari Drive. The
area is bounded on the north by Country Club Drive. The territory is vacant and
uninhabited. It is surrounded by vacant territory. The sole owner is Siegel
Enterprises.
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"Property owners of 100% of the property to be annexed have requested annexation to
receive the higher level of service obtainable from the city. " The City has pro-
vided a plan for provision of services and it is attached.
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INTEROFFICE MEMORANDUM
City of Palm Desert
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: ANNEXATION NO. 8 DATE: MARCH 28 , 1979
Note attached letter from Mr . Curren. Because the motion
by Mr. Boyd did not include "without notice and hearing",
it seems the LAFCO staff has the next to last laugh after all .
We will notice the public hearing for the Council meeting of
April 26 , and proceed from there. It means we lost a month
in processing the annexation.
The appeal by Indian Wells for LAFCO to reconsider will be
on the LAFCO Agenda on Thursday, April 12 .
MARTIN J. OUMA
CITY MANAGER
MJB/dc
Enclosure (1)
CC : City Clerk
Director of Environmental Services
aCOUNTY OF RIVERSIDE
_U LOCAL AGENCY FORMATION COMMISSION
COUNTY ADMINISTRATIVE CENTER a 8080 LEMON STREET o 12TH FLOOR o RIVERSIDE.CALIFORNIA 92501 n 17141 787-2186
ROBERT J. FITCH WAYNE B. CURREN HOWARD L. POWELL
EXECUTIVE OFFICER ASS'T EXEC. OFFICER LAFCO PLANNER
March 27, 1979 E C E I V t
Mr. Martin J. Bouman M AR 2 $ 1979
City Manager
City of Palm Desert PALM DESERT CITY HALL
Post Office Box 1977 CITY CLERK'S OFFICE
Palm Desert, California 92260
RE: LAFCO N79-1-4--Annexation 8 to City of Palm Desert
Dear Mr. Bouman:
Resolution No. 79-31 relating to Annexation N8 to the City of Palm Desert and
the accompanying papers, are returned herewith in accordance with Government
Code Section 35350 (a) .
The City of Palm Desert' s Resolution No. 79-31 , states that the City was
authorized to proceed without notice and hearing on this annexation. The
motion on this matter adopted by the Local Agency Formation Commission, and
the subsequent resolution which conforms to the adopted motion, do not permit
proceeding without notice and hearing.
Should you have any questions on this matter please call me at your convenience.
Sincerely,
u j
Wayne Curren
Assistant Executive Officer
cc: Siegel Enterprises
County Counsel
Enclosures
VII. PUBLIC HEARINGS (Continued)
E. (Continued)
Councilman Brush moved and Councilman Newbrander seconded to
waive further reading and pass Ordinance No . 204 to second reading ,
approving a Change of Zone from ' S ' Study to PR-5 , S .P . , U .A. Motion
carried unanimously with the members present .
CASE NO. TT 14081 , DAVIS MOSS APPLICANT: Consideration Of
A Request For Approval0 A Tentative Tract Map To Create A
28 Lot Subdivision, Containing 24 Residential Condominiums
on Approximately 5 Acres In The PR-5 Zone Located On The
South Side of Hovely Lane East of Monterey Avenue .
Mr. Williams stated that this was a request for a Tenta-
tive Tract in compliance with a Development Plan previously
approved by the Planning Commission for a 24 unit condominium
unit on small acreage . He stated that both the Staff and
the Planning Commission recommended approval .
Mayor Pro-Tem McPherson declared the Public Hearing open and
invited input in FAVOR of the request .
MR. BILL FITCH, 74-075 El Paseo, of Wallach & Associates,
addressed Council on behalf of the applicant and stated
the concurrence with all conditions .
Mayor Pro-Tem McPherson invited input in OPPOSITION to the
request , and none was offered. He declared the Public Hearing
closed.
Councilman Wilson expressed concern about approving projects
without knowing what might or should take place in that
whole area . Mr. Williams responded that this was the
second Tentative Tract approved by the Council, and one
of the major concerns in developing of this area is what to
do with the homestead areas . Each is a little different,
and each is unique . This type of development seems best
suited for the area in view of the homesteaded land.
Councilman Wilson inquired about the overhead line, and
Mr. Williams advised that it was a 115 KV and could not
be undergrounded.
Councilman Wilson moved and Councilman Newbrander seconded to
waive further reading and adopt Resolution No . 79-25 , approving Tenta-
tive Tract 14081 . Motion carried unanimously with the members present.
VIII . RESOLUTIONS
RESOLUTION NO. 79-30 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CON-
TIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE
MUNICIPAL ORGANIZATION ACT OF 1977 , WHICH PROCEEDINGS ARE
DESIGNATED AS ANNEXATION NO. 6 .
Mr . Bouman reported that this was the final action of the
Council on Annexation #6 which was approved by LAFCO on
March 8th.
Councilman Newbrander moved and Councilman Wilson seconded to
waive further reading and adopt Resolution No . 79-30 . Motion carried
unanimously with the members present .
V RESOLUTION NO. 79-31 - A RESOLUTION OF THE CITY COUNCIL OF
VVVV 'V THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CON-
TIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE
MUNICIPAL ORGANIZATION ACT OF 1977 , WHICH PROCEEDINGS ARE
DESIGNATED AS ANNEXATION NO. 8 .
MR. Bouman stated — "same speech, different annexation" .
Councilman Brush moved and Councilman Wilson seconded to waive
further reading and adopt Resolution No . 79-31 . Motion carried unani-
mously with the members present.
March 22 , 1979 Page 6
R -RESOLUTION N0. 79 31 ,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ANNEXING CERTAIN CONTIGUOUS TERRI-
TORY TO SAID CITY UNDER THE PROVISIONS OF THE MUNICIPAL
ORGANIZATION ACT OF 1977 , WHICH PROCEEDINGS ARE DESIG-
NATED AS ANNEXATION NO. 8 .
WHEREAS , the City Council did , by Resolution No . 78-173 adopted
on December 28, 1978 , initiate annexation proceedings for Annexation
No. 8; and
WHEREAS, the Local Agency Formation Commission held a public
hearing relative to Annexation No . 8 on March 8 , 1979 , and approved
said annexation with the recommendation that the City Council of the
City of Palm Desert be authorized to proceed without Notice and Hearing
inasmuch as the owners have requested the annexation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Palm Desert , California , as follows :
1 . That the territory described in Exhibits "A" and "B"
attached hereto and made a part hereof by reference , be , and the same
is hereby by this Resolution, annexed to the City of Palm Desert .
2 . That the City Clerk is hereby instructed and directed to
transmit a certified copy of this Resolution to LAFCO along with any
other required submittals .
PASSED, APPROVED, and ADOPTED this 22nd day of March
1979, by the following vote, to wit :
AYES : Brush, Newbrander, Wilson & McPherson
NOES : None
ABSENT: Mullins
ABSTAIN: None
JAMES McPHERSON, MAYOR PRO-TEM
ATTEST:
SHEILA R. GIL IGAN, C Y CLERK
CITY OF PALM DESERT CALIFORNIA
1
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PALM DESERT CITY LIMIT COUNTY OF RIVERSIDE
L.A.F. C. 78 -
A.J.D. PROPOSED ANNEXATION NO. 8
DATE 12- 12 - 78 TO THE CITY OF PALM DESERT SCALE I"= 8001
INSECTION IO , T-S-S R-6- E , S . B. B. sm. STD. DRAWINGNO.
L - 8-A
CITY ENGINEERI ENGINEERING DEPARTMENT CITY OF PALM DESERT
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RESOLUTION NO. 79-31 EXHIBIT "A"
PROPOSED ANNEXATION NO. 8
TO THE CITY OF PALM DESERT
ANNEXATION DESCRIPTION
Beginning at a point in the easterly line of the City of Palm Desert, County
of Riverside, State of California, said point being the common Section corner
of Sections 3 and 4 and Sections 9 and 10, Township 5 South, Range 6 East,
San Bernardino Base and Meridian;
Thence, easterly along the aforementioned common Section line of Sections 3
and 10, a distance of 5,313.84 feet to a point, said point being the common
Section corner of Sections 2 and 3 and Sections 10 and 11 , Township 5 South,
1 Range 6 East, San Bernardino Base and Meridian;
Thence, South 000 00' 36" West, a distance of 2,656.04 feet;
Thence, South 890 48' 31" West, a distance of 5,315.98 feet;
Thence, North 000 04' 58" East, a distance of 2,654.82 feet to the point
of beginning.
This parcel of land contains 323.94 acres more or less.
I
RESOLUTION NO. 78-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION
COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS, "PALM DESERT
ANNEXATION NO. 8", PURSUANT TO SECTION 35140 OF THE STATE
GOVERNMENT CODE.
WHEREAS, one hundred percent of the property owners have requested,
by petition, within the area hereafter known as, "Palm Desert Annexation No. 8,°
and more particularly described in the attached map and legal description; and
WHEREAS, the California Environmental Quality Act has been complied
with, pursuant to City Council Resolution No. 78-32, in that all responsible agencies
have been contacted and a Negative Declaration has been prepared; and
WHEREAS, the City Council has determined that the proposed change of
organization is appropriated for the following reasons :
1 . The request is a logical expansion of the City boundaries.
2. The proposed annexation is consistent with the Municipal Organization
Act of 1977 which encourages limiting the number of annexations to
those areas considered logical growth areas.
3. The proposed area to be annexed is of satisfactory size to provide
municipal services without adversely affecting the rest of the
community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows :
1 . The above recitations are hereby determined to be true and correct and
represent the findings of the Council in this matter.
2. The City Clerk is hereby instructed to file an official application
with the Local Agency Formation Commission for Palm Desert Annexation
No. 8, pursuant to the Municipal Organization Act of 1977 for uninhabited
territory since less than twelve registered voters reside in the area.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council , held on this 28t day of December , 1978, by the following vote, to wit:
AYES: Brush, McPherson, Wilson & Mullins
NOES: Newbrander
ABSENT: None
ABSTAIN: None /
D14A�INS, MAYOR
ATTEST: 2 P
l
�ISHEILA R. GILL GAN, CITY CLE
CITY OF PALM DESERT, CALIFO NIA
do
PROPOSED ANNEXATION NO. 8
TO THE CITY OF PALM DESERT
ANNEXATION DESCRIPTION
Beginning at a point in the easterly line of the City of Palm Desert, County
of Riverside, State of California, said point being the common Section corner
of Sections 3 and 4 and Sections 9 and 10, Township 5 South, Range 6 East,
San Bernardino Base and Meridian;
Thence, easterly along the aforementioned common Section line of Sections 3
and 10, a distance of 5,313.34 feet to a point, said point being the common
Section corner of Sections 2 and 3 and Sections 10 and 11 , Township 5 South,
Range 6 East, San Bernardino Base and Meridian;
Thence, South 000 00' 36" West, a distance of 2,656.04 feet;
Thence, South 890 48' 31" West, a distance of 5,315.98 feet;
Thence, North 000 04' 58" East, a distance of 2,654.82 feet to the point
of beginning.
This parcel of land contains 323. 94 acres more or less.
CITY OF PALM DESERT
TRANSMITTAL LETTER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: PLAN FOR SERVICES FOR PALM DESERT ANNEXATION NO. 8
DATE: DECEMBER 28, 1978
I. INTRODUCTION
Pursuant to Section 35102 of the State Government Code, the City is required to
file with any new annexations effective January 1 , 1978, a plan outlining the
method by which services will be provided in the area to be annexed. This report
represents the required Plan for Services for Proposed Annexation No. 8. The
City of Palm Desert, being a contract city, must rely on many other agencies to
provide for services both in the community and areas subsequently annexed. In
addition, many services provided such as water and sewer, electricity, and gas
are provided without regard to city limit lines. Therefore, the area proposed
to be annexed is presently served or has the capability of being served by many
of these agencies. The fact is substantiated by the letters received from
responsible agencies during the Environmental Review process .
The major emphasis of this report is to address those services provided directly
by the City, either through City staff or direct contract with the City by other
agencies. In addition, wherever possible , this report will address the methods
by which other service agencies would provide needed facilities in the area.
II . DESCRIPTION OF SERVICES
The utilities which would be extended into the area proposed to be annexed would
be as part of actual development, and they would consist of the services of the
Coachella Valley County Water District in the area of water and sewer, Imperial
Irrigation District in the area of electricity, Southern California Gas Company
in the area of gas , and Able Cable in the area of cable television. The services
provided by this City directly would be in planning and building, public works ,
parks , administration, and code enforcement services. By contract, the City
would also provide for trash disposal , police and fire services . Public trans-
portation would be provided by the Sunline Agency.
The major road improvements would include the widening and improving of Cook
Street, Country Club Drive, and the extension of Eldorado Drive which form the
west, north and east boundaries of the area to be annexed. The creation of any
local streets would be on the basis of specific projects and would be the respon-
sibility of the developer. Ultimate development of the area to be annexed and
adjacent areas which are either in the process of being annexed or will be
developed in other governmental jurisdictions , will necessitate a bridge crossing
at the Cook Street crossing of the Whitewater Stormwater Channel . This facility
would be constructed with a combination of Federal grants and local participation
very similar to existing bridges in the Valley.
Public park needs in the area to be annexed are minimal as the entire area will
be developed as a planned residential development which will offer residents
private recreational amentties. Residents whose recreational needs are not
satisfied exclusively by the private recreational amenities of the planned
residential development will be able to take advantage of the proposed 120-acre
Sand Dune Park to the west of the subject area.
III. LEVEL AND RANGE OF SERVICES
' The level and range of services provided would include sufficient sized water
and sewer, gas , and electrical facilities to service development proposed for
the area. Planning and building, public works , and code enforcement services
as provided by the City directly , would be on the basis of need. Police and
fire services capability exist to meet the need of the area at its present stage
of development and are proposed to be expanded to meet the needs of subsequent
-1-
PLAN FOR SERVICES FOR PALM DESERT ANNEXATION NO. 8
(Continued) December 28, 1978
III . LEVEL AND RANGE OF SERVICES (Continued)
development in the area. Public transportation would be provided by the expansion
of the existing system to serve the area. Subsequent development will 'result in
the need for the City to add an additional police vehicle and the need for an
additional fire station in the vicinity of Country Club Drive.
Since fire services are provided for on a volunteer basis in conjunction with
the County of Riverside and State Department of Forestry, the City would be
required to provide for a facility in the area which would be manned by these
agencies. A fire station has been planned for in the City's General Plan in
this area and will be provided at the time it is needed. A 1 .5 acre site has
been reserved for a fire station and library in the general development plan for
the planned residential development being proposed for the area to be annexed.
In addition, said area will be served by a proposed fire station at 44th Avenue
and San Pablo (Civic Center Complex) , which is tentatively proposed for con-
struction in 1980/81 budget year. In the meantime, the area would be served
by the existing Palm Desert Station at E1 Paseo and Highway 74 with backup
being provided by the Rancho Mirage, Thousand Palms and Bermuda Dunes stations.
The basic administration services of Planning, Building, Public Works , and
Code Enforcement would be provided by existing City staff.
IV. TIMING FOR SERVICE EXTENSIONS
Basic utility services would occur as a part of development. The City has on .
file letters from the various utilities assuring us that these services would
be available. The City services would be available immediately in the area of
planning, building and code enforcement, public works , and police and fire.
Road improvements would occur as a part of new development. The construction of
the new fire station near Country Club Drive would result from the City's new
construction tax which would be accrued from the new development in the area,
which would be 20C per square foot of new construction.
The proposed residential development contemplated for the area is planned
residential which would include the necessary recreational facilities to
serve the ultimate residents of the area.
V. REQUIREMENTS OF NEW DEVELOPMENT AND FINANCING
New development would be required to improve roads within the area and to provide
for needed sites for fire and other related municipal facilities provided through
the City's Subdivision Ordinance. The New Construction Tax of 20t per square
foot would provide for construction and additional acquisition of these facilities.
The provision of planning and building services would be provided through the
fees generated from new development. On-going maintenance of roads , created
in the area, would be provided through State Gas Taxes generated as a result of
population within the area. Police services and parks maintenance would be
provided on the basis of Sales Tax generated from commercial facilities in the
area. Ultimately, Sales Tax will be generated from the planned district com-
mercial center proposed at the southeast corner of Cook Street and Country Club
Drive as a part of the overall development plan proposed for the area to be
annexed. In summary, it is felt that development of this area would result in
a balance between needed services and the revenues to provide said services.
Ai PLICATION TO THE RIVERSIDE G. UNTY
LOCAL AGENCY FORMATION COMMISSION
Mail or bring to:
County Administrative Center
4080 Lemon Street, 12th Floor
Riverside, California 92501
FOR IAFC USE ONLY
INTRODUCTION: The questions in this form are designed to obtain enough data about the
proposed project and project site to allow the staff and LAFC to assess the project. You
may Include any additional information which you believe is pertinent. Use additional sheets
where necessary. Do not leave any blanks . If an item is not applicable, so indicate.
rY PP ,
Submit this form in one copy.
Applicant C/r of "-Jr I/ DE.r'f'r (S`_664 i::r;, e Telephone: (7/ y� 9'6
Address: /S -�i " g.�.-u5� Hai? / 9✓� :// / J' �T , C 9 ,✓roU
Name & title of person to contact regarding this application:
/7�I-'r/y �;-- :?; �'<•�d C�.<, I/)r'� .;..._' ,;,�r - ;ter r�Es��;='T
9?ruc
Address_ i/ J7.; "; f Z; c%� «�� G/' i �`` 0 w Telephone: lilVI
PROPOSED PROJECT OR ACTION: 4W411-1,97//)// /0.
GENERAL LOCATION: (Area , cross streets, etc.) �o✓Tnt l C - ./c=r? OP l..f'
CLUE' Lif?i%
A. OWNERSHIP
1. Is the applicant a property owner in the area of the pro/posed project: Yes V No
2. Is the applicant sole owner of this property? Yes ✓ No (.S/ECE[ ErrK
B. AREA INFORMATION
1 . Land area in acres 9,°.°40X. 3c2o ,9CI?r
2. Number of dwellings in the proposed area at present time O
3 . Expected increase in the number of dwellings in the proposed area which will result
from this proposal 11-20 . By what date? o//,✓wordl/ (state type of dwelling
units , e.g. , single family residences , mobile homes .)
Cciii� , ,l/N�u "I Udrr�
4 . Population in the proposed area at the present time O
5 . Expected change in the population in the proposed area which will result from this
proposal ?, 1.)vo . By when L'^/^''/Ou1'/
6. Amount of publicly-owned land in the proposed area (identify as federal, state or
local) O
7 . Assessed value at present time: Land /py, 7/f
Improvements O
8. Number of land parcels in the proposed area y
C. VOTL'R INFORMATION
r 1 . Number of registered voters in area at the present time O
2. Does the proposed boundary cut across precinct boundaries ?
3. Does the proposed boundary cut across tax rate areas?
D. LAND USE
1 . Current zoning
47,:,-,�/c-
2 . Pre-zoning (Assigned by cities only) !'. '. :'% i r, ! /(n//t!� ' n: ,«c,.•�-_�sc :,: _;.F�.a ,-"r`_
r f'. - r!, S� f': t.l.:.. : � r'E=ioC,vn,;�C , /�;RX Yd.://,:�.:•
3. Current land use t NIJw,�CDi�G!� 1.1 YJ
4 . County General Plan designation uc;�oY
G/does Nc.�
5. City General Plan designation /7r:7:✓;n ;: >e ' 7 /( r :,:Y
6 . Is the proposal in consonance with the City & County General Plans Y6-
7. Probable or proposed land use for next five years -- include known or probable plans
for development (Submit any available plans) .Da,- y
E. DETAILS OF YOUR PROPOSAL
I . Describe the proposed project in as much detail as possible . Identify the project,
including annexations to, detachments from, or formation of new entities (use
additional sheets if necessary) ,y✓vExar, +/ No. ,vOu-A ;v "Vle-- ��a�orr�lTE�y
/'f Cc%vifY C76l? J//O EAST OF COoh' S-7,:2eET Tc THE
✓NBC 9 T-NE Srf/>-d.i7�`-�Y .?rU/!/Ci/S JF THE �1UA//CiP.9C
a . The reasons which justify this proposal are as follows: (for example -- service
needs, health mandate, economic benefits , etc.) ci✓N�-,eS df /c0�7c
70 ,.> r�((/r- -�.,_ fi/.^.-< ,� L,'ai,' / r•° SF.ab7�r- .^�,'.*-yN.!!'L[- F+�'G,'r! TidE
cirY, ;°�C.;� ;'cG c.�sr><-�✓ > ccF/C:lL FXrdNSi:d c� 7N� C,Ty'S
ie VLt.a.
b. Specific services to be added, changed, or eliminated: (S'—E f� r.1cHED
G[.9N /-oR S&-ceueCeSJ
(1) Without additional cost to residents/owners:
(2) With additional cost to residents/owners:
2 . Will the project be subject to existing bonded indebtedness ? NO
3 . What will be the approximate annual costs to accomplish the goals of this proposal?
4 . What are the specific sources of revenue to pay for the service(s) ? Slafr - :-�:'• '.,.,z
(2)
, . WwL ib C.nnuai cost t.) eacn resiaert/property owner (specify which) ? VCJJ%
✓P
r. — ✓CL l ie T<:J/I JY Jam• - %.:
17ct9 1.
F. PROPERTY OWNERS' DESIRES
1 . How many property owners make up total ownership of project area ? (I;elude with this
application copies of all letters/correspondence you have relating to above items)
2 . How many property owners have been contacted regarding project? /
3. How many propertyowners are in favor of project? /
1
4 . How many property owners are not in favor of project? O
G. FOR LIGHTING DISTRICTS AND ROAD MAINTENANCE DISTRICTS ONLY
1 . If street lights will be installed, how many, what type (mercury or sodium) and what
intensity (e.g. , 7000 lumen)?
2 . Is approved plan by utility company for street lights submitted at this time?
(Approved plan must be submitted before energy charges will be assumed by Service
Area) .
3. If road maintenance district, how many miles of road to maintain?
4 . Is it your intention to bring any roads to County standards for future acceptance into
the County Maintained Road System?
H. PLAN OF SERVICE (City Annexations only)
A plan for providing services within the affected territory must be submitted with this
application. Use separate sheets.
I, In your own words , how would your proposal benefit the community?
I
!gilt( 1117 IN 7� .7i",-:✓ itF['tF l�' { /,�L. �j r./:L2'[ Off. _:J.f.�-/
NOTICES AND COMMUNICATIONS -- List below the names and addresses of people to
whom notices and communications should be directed. (3 maximum)
Name Cr•',' c.- r ; :4 U.=£E"i%T Telephone
Address V_�- :;.S City & Zip"?9r .,
Name Telephone,'-; ' ;
Address "i .J City & Zip
Name Telephone
Address City & Zip
Signature of applicant or authorized
representative
Typed or printed name
Title
(3)
ECEII� E
NOTICE OF PUBLIC HEARING FEB 2 2 1979
BEFORE THE LOCAL AGENCY FORMATION COMMISSIO%LM DESERT CITY HALL
COUNTY OF RIVERSIDE CITY CLERK'S OFFICE
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Local Agency
Formation Commission of the County of Riverside, State of California, in the
meeting room of the Board of Supervisors, County Administrative Center, 4080 Lemon
Street, Riverside, California, on Thursday, March 8, 1979, at 9:00 a.m. , on the
following proposals:
1. LAFCO #78-63-5--Annexation #34 to County Service Area #61 , E. side of Indian
St. , S. of Manzanita Ave. , Sunnymead area, street lights.
2. LAFCO #78-64-4--Annexation #6 to City of Palm Desert, E. of Cook St. , Nly. of
Whitewater Stormwater Channel , Palm Desert area.
il"3. LAFCO #79-1-4--Annexation #8 to City of Palm Desert, S.E. Corner of Cook St. &
Country Club Dr. , Palm Desert area.
i
For a particular description of the land involved, reference is hereby made to maps
and legal descriptions on file in the office of the Local Agency Formation Commission
in the County Administrative Center, 12th Floor, Riverside, CA.
Not less than five days prior to the hearings, any interested party who wishes to be
heard should file with the Executive Officer of the Commission at the above address
a written request to be heard.
LOCAL AGENCY FORMATION COMMISSION
COUNTY OF RIVERSIDE
RoberC J. Fitch /1 _
Executive Officer
Dated: February 14, 1979
LOCAL AGENCY FORMATION COMMISSION
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA CERTIFICATE OF FILING
COUNTY OF RIVERSIDE
I, Wayne B. Curren Assistant Executive Officer of the
Local Agency Formation Commission of the County of Riverside, do hereby
certify that:
1. The application hereinafter referenced and described has been
submitted to me and has been found to be in the form prescribed by the
Riverside County Local Agency Formation Commission.
2. The application contains the information and data requested
and required by said Commission and provisions of the State Law.
3. The application has been accepted for filing by me on
February �S 1979
4. The proposal has been set for hearing before the Commission on
Marrh 8 , 1979 The staff report will be
mailed to you on the Friday before the Commission meeting.
Applicant: City of Palm Desert
Address: P. 0. Box 1977
Palm Desert, CA 92260
Application Title: Annexation N8 to City of Palm Desert
General Location: enijthaast Corner of Cook Street and Country Club Drive
This certificate of filing is issued pursuant to authority and require-
ments of Section 54791 of the Government Code, State of California.
All time requirements and limitations for processing and consideration
of aforementioned application specified by State Law and/or rules and
regulations of the Riverside County Local Agency Formation Commission
shall become effective and run from the date of issuance of this
Certificate of Filing. - wQ _
Fphri,ar� 15 ( `J -r ' - _1979 (/ A 13 C�v~
Date Assistant xecutive officer
Local Agency Formation Commission
County of Riverside
NOTES IN PREPARATION FOR THE PUBLIC HEARING ON CITY ANNEXATION
NO. 8 , TO BE CONSIDERED BY LAFCO ON MARCH 8, 1979, at 9: 00 A.M.
1 . The dilemna with this request is that the property owner owns
the total 320 acres and would like to develop a country club
complex including an 18-hole golf course. To develop in two
cities or to develop half of the property in the city and the
rest in the County does not appear logical . Because the
City of Palm Desert is immediately adjacent to the property ,
and the total area was owned by a single individual , a request
for annexation to the City seemed logical . This is particularly
true from the City' s standpoint in that a majority of the
traffic generated by the project would be utilizing City
streets for at least a number of years. Therefore, it felt
appropriate that the maintenance cost be covered by the users
of said streets.
2. The City of Indian Wells is at least a mile and a half away
from said property. Therefore , it is not feasible for them to
annex this area into their boundaries at this time or in the
near future. Therefore, while their protest of the violation
to the sphere line on the surface may appear reasonable, the
facts are that they are not in a position to serve that area
at this time. In addition, it does not appear that annexations
could be completed by the City of Indian Wells north of the
Whitewater Storm Channel until LAFCO wrestled with the problem
of the Country Club Estates area, and the CVCWD sewer plant ,
which would become a County island if Indian Wells were to
continue northerly in terms of annexation . Therefore, the
development of additional annexations by Indian Wells north
of the Whitewater Storm Channel could not happen until said
area is annexed to the City of Palm Desert or Indian Wells.
Annexation would require an election and therefore would be
very time-consuming and would take at least two years if it
were initiated today.
3. The Commission may annex territory if it finds that such
territory to be annexed will benefit from the annexation or
is receiving benefits from the annexation city. It does not
require to find that it is in conformance with adopted sphere
of influence, pursuant to Section 35. 013 of the State
Government Code. Pursuant to State law, a sphere of influence,
after its adoption , shall be used by the Commission as a
factor in making regular decisions on proposals over which it
has jurisdiction. It would appear therefore that a sphere line
is simply one factor to be weighed as a part of a consideration
of an annexation (under Section 54774 of the State Government
Code) .
4 . Pursuant to Section 54796, the Commission must consider the
following factors in reviewing a proposal :
a) Population, population density, land area, land use per
capita, assessed value, topography , natural boundaries,
drainage and drainage basins, proximity to other
populated areas, the likelihood of significant growth
of the area and in the adjacent incorporated and unincorpo-
rated areas during the next ten years.
40
b) Need for organized community services; the present cost
and adequacy of governmental services and controls in the
area; probabl future needs for such services and controls;
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. As used in this sub-
division , "services" is to be construed as referring to
governmental services whether or not the services are
such as would be provided by local agencies subject to
this chapter , and as including the public facilities
necessary to provision of 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 pattersn of urban
development and the policies and priorities set forth
in Section 5470. 2 of this code.
e) The effect of the proposal on maintaining the physical
and economic integrity of lands in an agricultural
preserve in open-space uses.
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
r
or corridors of unincoporatedterritory, and other similar
matters affecting the proposed boundaries.
g) Conformity with appropriate city or county general and
specific plans.
h) The "sphere of influence" of any local agency which may
be applicable to the proposal being reviewed .
In summary, the sphere of influence line appears to be only
one of the eight factors that must be considered in review of
an annexation matter.
5. Without regard to the location of the sphere line , it would
appear in terms of topography that the property in question
would drain into the City of Palm Desert ' s sphere and therefore
require the City to accept the drainage from said area . Further ,
this development would impact directly the road maintenance
of the City of Palm Desert . It would therefore seem reasonable
to incorporate into the city that is most affected in terms of
financial impacts, so that the residents could offset the costs
of those maintenance and improvements necessary to serve the
property.
6. Serious questions could be raised as to the legality of the
City of Indian Wells whose sphere of influence in terms of its
design in relation to the intent and purpose of spheres of
influence as specified under the State law. This is particularly
true since the City of Indian Wells does not have an adopted
general plan for its sphere of influence or the total city.
7 . The City of Indian Wells has filed a letter in support of a
sphere line violation immediately north of this request (see
Annexation No. 9 for copy) .
8. Because of the complicated processing procedure that would be
required if this property were to be developed under two
jurisdictions, and because Indian Wells is not in sufficient
proximity to provide for the annexation of that portion of the
property which is located within their sphere , the City of
Palm Desert believes that the Commission would be justified
in waiving the sphere line conflict and annexing the total
property to the City of Palm Desert . Said action would appear
to be within the Commission' s right under the State law.
Result of such action would be of benefit to the property
owner in that he would have his total project under one juris-
diction and would allow him to develop the country club that
he envisions on his property. Further , the applicant has
processed the required change of zone and development plan
through the City and is at this stage prepared to move forward
with the tentative map on his project . To deny the annexation
or to require development in two jurisdictions would require
a great deal of additional processing and effort , which seems
to be a disservice to the property owner .
9. Service capability (Response to County Planning Department ) . For
the development contemplated, the provision of services would
naturally need to be increased. With the inclusion of this
property into the City of Palm Desert , the residents and property
owners would have available to them a greater level of police ,
planning, building, code enforcement services, parks and recreation ,
and fire services. The last three will be provided by the City
at a higher level of service in that the City is proposing to
develop a new fire/library facility on said property, the
development of a major 120-acre park site westerly of said
property. Said services at this level are now provided within
the County' s jurisdiction . Further , the City is presently
completing the Master Drainage Plan for the area including
said property which, upon adoption and implementation , will
provide for contemplated development in terms of water run-off .
Said approach is not presently followed within the County ' s
jurisdiction . In sum, the service level in the City versus
the County is substantially higher. Therefore, the comments
made by the County Planning Department relative to service
levels simply are not true.
The City has received letters from all service districts that
will provide service to said area indicating their ability to
serve. Therefore , it is clear that the County Planning De-
partment ' s concern with regards to the inability to serve
should not be considered .
The County Planning Department ' s suggestion that a study be
done before this annexation is considered relative to the
increase in residential development from 3 . 0 dwelling units
per acre to 3. 6 d. u. /acre and its impact upon the area plan
covering this area in the County is not valid. An area plan
has been done, taking into account the slight increase in
density for the residential area. That is known as the City ' s
General Plan , which includes a related Environmental Impact
Report .
Said General Plan and related Environmental Impact Report takes
into account incorporation of a large number of acres into
the City of Palm Desert , including said property. Therefore ,
no additional area studies would be necessary in the opinion
of the City.
The comments relative to the service capability of the City
by the County Planning Department seem contrary to the State
law which indicates in Section 35, 000 that the legislature
finds and declares that it is the policy of the State to
encourage orderly growth and development , which are essential
to the social , fiscal and economic well-being of the State.
The legislature recognizes that the logical formation and
determination of city boundaries is an important factor in
promoting the orderly development of urban areas . . . Legislature
finds and declares that a single governmental agency rather
than several limited purpose agencies is better able to
assess and be accountable for community service needs and
financial resources, and therefore, is the best mechanism
for establishing community service priorities. The County
Planning Department ' s statements seem contrary to this intent .
Further , in Section 54774 of the State Government Code, it
states, "among the purposes of a local agency formation commission
are the discouragement of urban sprawl and the encouragement
of orderly formation and development of local governmental
agencies based upon local conditions and circumstances" . The
County Planning Department statements seem contrary to this.
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NOTES IN PREPARATION FOR THE PUBLIC HEARING ON CITY ANNEXATION
NO. 8, TO BE CONSIDERED BY LAFCO ON MARCH 8, 1979, at 9: 00 A.M.
1. The dilemna with this request is that the property owner owns
the total 320 acres and would like to develop a country club
complex including an 18-hole golf course. To develop in two
cities or to develop half of the property in the city and the
rest in the County does not appear logical . Because the
City of Palm Desert is immediately adjacent to the property,
and the total area was owned by a single individual , a request
for annexation to the City seemed logical . This is particularly
true from the City' s standpoint in that a majority of the
traffic generated by the project would be utilizing City
streets for at least a number of years. Therefore, it felt
appropriate that the maintenance cost be covered by the users
of said streets.
2. The City of Indian Wells is at least a mile and a half away
from said property. Therefore, it is not feasible for them to
annex this area into their boundaries at this time or in the
near future. Therefore, while their protest of the violation
to the sphere line on the surface may appear reasonable , the
facts are that they are not in a position to serve that area
at this time. In addition, it does not appear that annexations
could be completed by the City of Indian Wells north of the
Whitewater Storm Channel until LAFCO wrestled with the problem
of the Country Club Estates area, and the CVCWD sewer plant ,
which would become a County island if Indian Wells were to
continue northerly in terms of annexation . Therefore , the
development of additional annexations by Indian Wells north
of ' the Whitewater Storm Channel could not happen until said
area is annexed to the City of Palm Desert or Indian Wells,
Annexation would require an election and therefore would be
very time-consuming and would take at least two years if it
were initiated today.
3. The Commission may annex territory if . it finds that such
territory to be annexed will benefit from the annexation or
is receiving benefits from the annexation city. It does not
require to find that it is in conformance with adopted sphere
of influence, pursuant to Section 35 . 013 of the State
Government Code. Pursuant to State law, a sphere of influence,
after its adoption, shall be used by the Commission as a
factor in making regular decisions on proposals over which it
has jurisdiction . It would appear therefore that a sphere line
is simply one factor to be weighed as a part of a consideration
of an annexation (under Section 54774 of the State Government
Code) .
4 . Pursuant to Section 54796, the Commission must consider the
following factors in reviewing a proposal :
a) Population, population density, land area, land use per
capita, assessed value, topography, natural boundaries,
drainage and drainage basins , proximity to other
populated areas, the likelihood of significant growth
of the area and in the adjacent incorporated and unincorpo-
rated areas during the next ten years.
/ to Need for organized community services; the present cost
and adequacy of governmental services and controls in the
area; probabl future needs for such services and controls;
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. As used in this sub-
division , "services" is to be construed as referring to
governmental services whether or not the services are
such as would be provided by local agencies subject to
this chapter, and as including the public facilities
necessary to provision of 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 pattersn of urban
development and the policies and priorities set forth
in Section 5470. 2 of this code.
e) The effect of the proposal on maintaining the physical
and economic integrity of lands in an agricultural
preserve in open-space uses.
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.
i
g) Conformity with appropriate city or county general and
specific plans.
h) The "sphere of influence" of any local agency which may
be applicable to the proposal being reviewed .
In summary, the sphere of influence line appears to be only
one of the eight factors that must be considered in review of
an annexation matter.
Without regard to the location of the sphere line, it would
appear in terms of topography that the property in question
would drain into the City of Palm Desert ' s sphere and therefore
require the City to accept the drainage from said area . Further,
this development would impact directly the road maintenance f
Of the City of Palm Desert . It would therefore seem reasonable
to incorporate into the city that is most affected in terms of
financial impacts, so that the residents could offset the costs
Of those maintenance and improvements necessary to serve the
Property.
I
6. Serious questions could be raised as to the legality of the
City of Indian Wells whose sphere of influence in terms of its
design in relation to the intent and purpose of spheres of
influence as specified under the State law. This is particularly
true since the City of Indian Wells does not have an adopted
general plan for its sphere of influence or the total city.
7. The City of Indian Wells has filed a letter in support of a
sphere line violation immediately north of this request (see
Annexation No. 9 for copy) .
8. Because of the complicated processing procedure that would be
required if this property were to be developed under two
jurisdictions, and because Indian Wells is not in sufficient
proximity to provide for the annexation of that portion of the
property which is located within their sphere, the City of
Palm Desert believes that the Commission would be justified
in waiving the sphere line conflict and annexing the total
property to the City of Palm Desert. Said action would appear
to be within the Commission' s right under the State law.
Result of such action would be of benefit to the property
owner in that he would have his total project under one juris-
diction and would allow him to develop the country club that
he envisions on his property. Further , the applicant has
processed the required change of zone and development plan
through the City and is at this stage prepared to move forward
with the tentative map on his project . To deny the annexation
or to require development in two jurisdictions would require
a great deal of- additional processing and effort , which seems
to be a disservice to the property owner.
9. Service capability (Response to County Planning Department) . For
the development contemplated , the provision of services would
naturally need to be increased. . . With the inclusion of this
property into the City of Palm Desert , the residents and property
owners would have available to them a greater level of police,
planning , building, code enforcement services, parks and recreation ,
and fire services The last three will be- provided by the City
at -a higher level of service in that the City is proposing to
develop a new fire/library facility on said property, the
development of a major 120-acre park site westerly of said
property. Said services at this level are not provided within
the County ' s jurisdiction. Further, the City is presently
completing the Master Drainage Plan for the area including
said property which, upon adoption and implementation , will
provide for contemplated development in terms of water run-off .
Said approach is not presently followed within the County ' s
jurisdiction. In sum, the service level in the City versus
the County is substantially higher . Therefore, the comments
made by the County Planning Department relative to service
levels simply are not true.
The City has received letters from all service districts that
will provide service to said area indicating their ability to
serve. Therefore, it is clear that the County Planning De-
partment ' s concern with regards to the inability to serve
should not be considered.
The County Planning Department ' s suggestion that a study be
done before this annexation is considered relative to the
increase in residential development from 3. 0 dwelling units
per acre to 3 . 6 d. u. /acre and its impact upon the area plan
covering this area in the County is not valid . An area plan
has been done, taking into account the slight increase in
density for the residential area. That is known as the City ' s
General Plan, which includes a related Environmental Impact
Report .
Said General Plan and related Environmental Impact Report takes
into account incorporation of a large number of acres into
the City of Palm Desert , including said property. Therefore,
no additional area studies would be necessary in the opinion
of the City.
The comments relative to the service capability of the City
by the County Planning Department seem contrary to the State
law which indicates in Section 35, 000 that the legislature
finds and declares that it is the policy of the State to
encourage orderly growth and development , which are essential
to the social , fiscal and economic well-being of the State.
The legislature recognizes that the logical formation and
determination of city boundaries is an important factor in
promoting the orderly development of urban areas . . . Legislature
finds and declares that a single governmental agency rather
than several limited purpose agencies is better able to
assess and be accountable for community service needs and
financial resources, and therefore, is the best mechanism
for establishing community service priorities. The County
Planning Department ' s statements seem contrary to this intent .
Further, in Section 54774 of the State Government Code, it
states , "among the purposes of a local agency formation commission
are the discouragement of urban sprawl and the encouragement
of orderly formation and development of local governmental
agencies based upon local conditions and circumstances" . The
County Planning Department statements seem contrary to this.
Gam - -
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LAFCO #79-1-4
March 2, 1979
Page 2
Mr. Irwin Siegel of Siegel Enterprises has informed us that proposed development
would be known as the Northgate Country Club, a walled community with restricted
entry consisting of 1 ,120 condominiums , a golf course, and other amenitites.
Condominiums would be priced on the order of $100,000. Included would be nine acres
of commercial development at the northwest corner of the area.
The proposal is not in consonance with the County General Plan, which permits a max-
imum of 3 dwelling units per acre. However, Palm Desert states that its General
Plan for the area permits 5-7 dwelling units per acre. The City also says it has
assigned prezoning of Planned Commercial and Planned Residential to the area.
On February 15, 1978, after extensive study, your Commission realigned spheres of
influence in the area from Palm Springs to Coachella. A sphere of influence was
granted to the City of Indian Wells , which had none previously. The division be-
tween Palm Desert and Indian Wells was set generally as a line one-half mile east of
Cook Street. This line was specifically agreed to by the City Council of Palm
Desert. Palm Desert' s Resolution No. 77-152 supporting that line is attached. It
says, in part, that, Palm Desert, ". . .recognizes the logical desire of the City of
Indian Wells to have a Sphere of Influence over that geographical area susceptible
to its future growth. . . " and that the line which your Commission finally established
". . .is satisfactory to the City of Palm Desert. . . "
Of the 323 acres proposed by Palm Desert as Annexation #8, about half are in Indian
Wells' sphere of influence. Indian Wells' sphere at the point or proposed annexa-
tion is only one mile wide. This annexation would cut into half that distance.
While sphere lines are subject to amendment from time-to-time by your Commission for
valid reasons, there appears to be no cogent reason at this time to conclude that the
existing line is not sound and appropriate. It should be noted, also that when this
sphere line was set, it did not split ownerships.
Indian Wells strongly opposes this annexation, saying that its existing sphere of
influence is the minimum possible for providing an area for the development and
expansion of the City. See attached letter from Indian Wells.
RECOMMENDATION: Q�
That the proposed annexation be denied. Y
Respectfully submitted,
Wayne B! Curren °rJ
Assistant Executive Officer ti
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'J
LOCAL AGENCY FORMATION COMMISSION
COUNTY ADMINISTRATIVE CENTER
4080 Lemon Street, 12th Floor
Riverside, California 92501
I
March 2, 1979
TO: Local Agency Formation Commission
FROM: Wayne B. Curren, Assistant Executive Officer
SUBJECT: LAFCO #79-1-4--Annexation #8 to City of Palm Desert
PROPOSAL:
This is a proposal to annex 323.94 acres to the City of Palm Desert.
SUBMITTED BY:
The City of Palm Desert.
LEGAL REQUIREMENTS:
This proposal has met all requirements of the law. The map and legal description
were approved by the County Surveyor on January 8, 1979. The project has complied
with the requirements of the California Environmental Quality Act.
POPULATION:
Population is zero.
LAND USE:
Existing county zoning is R-1 (Single-family Residential) .
ASSESSED VALUATION:
Assessed valuation of the land is 5104,715 (1978-79 Equalized Tax Roll) .
COMMENTS:
The City of Palm Desert proposes to annex approximately 323 acres between Cook
Street on the west and reaching eastward to an extension of Del Safari Drive. The
area is bounded on the north by Country Club Drive. The territory is vacant and
uninhabited. It is surrounded by vacant territory. The sole owner is Siegel
Enterprises.
According to Palm Desert' s application, the purpose of the annexation is that ,
"Property owners of 100% of the property to be annexed have requested annexation to
receive the higher level of service obtainable from the city. " The City has pro-
vided a plan for provision of services and it is attached.
I
LOCAL AGENCY FORMATION COMMISSION
COUNTY ADMINISTRATIVE CENTER
4080 Lemon Street, 12th Floor
Riverside, California 92501
March 2, 1979
TO: Local Agency Formation Commission
FROM: Wayne B. Curren, Assistant Executive Officer
SUBJECT: LAFCO N79-1-4--Annexation p8 to City of Palm Desert
PROPOSAL:
This is a proposal to annex 323.94 acres to the City of Palm Desert.
SUBMITTED BY:
The City of Palm Desert.
LEGAL REQUIREMENTS:
This proposal has met all requirements of the law. The map and legal description
were approved by the County Surveyor on January 8, 1979. The project has complied
with the requirements of the California Environmental Quality Act.
POPULATION:
Population is zero.
LAND USE:
Existing county zoning is R-1 (Single-family Residential ) .
ASSESSED VALUATION:
Assessed valuation of the land is $104,715 (1978-79 Equalized Tax Roll ) .
COMMENTS:
The City of Palm Desert proposes to annex approximately 323 acres between Cook
Street on the west and reaching eastward to an extension of Del Safari Drive. The
area is bounded on the north by Country Club Drive. The territory is vacant and
uninhabited. It is surrounded by vacant territory. The sole owner is Siegel
Enterprises.
According to Palm Desert's application, the purpose of the annexation is that,
"Property owners of 100% of the property to be annexed have requested annexation to
receive the higher level of service obtainable from the city. " The City has pro-
vided a plan for provision of services and it is attached.
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b) Need for organized community services; the present cost
and adequacy of governmental services and controls in the
area; probabl future needs for such services and controls;
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. As used in this sub-
division , "services" is to be construed as referring to
governmental services whether or not the services are
such as would be provided by local agencies subject to
this chapter , and as including the public facilities
necessary to provision of 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 pattersn of urban
development and the policies and priorities set forth
in Section 5470. 2 of this code.
e) The effect of the proposal on maintaining the physical
and economic integrity of lands in an agricultural
preserve in open-space uses.
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) Conformity with appropriate city or county general and
specific plans.
h) The "sphere of influence" of any local agency which may
be applicable to the proposal being reviewed .
In summary, the sphere of influence line appears to be only
one of the eight factors that must be considered in review of
an annexation matter.
5. Without regard to the location of the sphere line, it would
appear in terms of topography that the property in question
would drain into the City of Palm Desert ' s sphere and therefore
require the City to accept the drainage from said area . Further ,
this development would impact directly the road maintenance
of the City of Palm Desert . It would therefore seem reasonable
to incorporate into the city that is most affected in terms of
financial impacts, so that the residents could offset the costs
of those maintenance and improvements necessary to serve the
property.
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The County Planning Department ' s suggestion that a study be
done before this annexation is considered relative to the
increase in residential development from 3 . 0 dwelling units
per acre to 3 . 6 d.u. /acre and its impact upon the area plan
covering this area in the County is not valid. An area plan
has been done, taking into account the slight increase in
density for the residential area. That is known as the City ' s
General Plan, which includes a related Environmental Impact
Report .
Said General Plan and related Environmental Impact Report takes
into account incorporation of a large number of acres into
the City of Palm Desert , including said property. Therefore ,
no additional area studies would be necessary in the opinion
of the City.
The comments relative to the service capability of the City
by the County Planning Department seem contrary to the State
law which indicates in Section 35, 000 that the legislature
finds and declares that it is the policy of the State to
encourage orderly growth and development , which are essential
to the social , fiscal and economic well-being of the State .
The legislature recognizes that the logical formation and
determination of city boundaries is an important factor in
promoting the orderly development of urban areas . . . Legislature
finds and declares that a single governmental agency rather
than several limited purpose agencies is better able to
assess and be accountable for community service needs and
financial resources, and therefore, is the best mechanism
for establishing community service priorities. The County
Planning Department ' s statements seem contrary to this intent .
Further, in Section 54774 of the State Government Code, it
states, "among the purposes of a local agency formation commission
are the discouragement of urban sprawl and the encouragement
of orderly formation and development of local governmental
agencies based upon local conditions and circumstances" . The
County Planning Department statements seem contrary to this.
-- � - � ��
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45400 CLUB DRIVE INDIAN WELLS, CAL60I1N lF 9226,
T.
November 27 , 1978
Honorable Mayor & City Council
City of Palm Desert Nov ?. ') '
45-275 Prickly Pear Lane
Palm Desert, CA 92260 ENVIROW)At NTAL S6,VICES
CITY OF PALM DESERT
Gentlemen:
The City Council and Planning Commission of Indian Wells have
reviewed the plans for Change of Zone 12-78 and development
Plan 16-78 (Northgate Project) . Three issues were discussed.
First, the annexation by Palm Desert; second, the design of
the project; and third, the environmental review process.
The City of Indian Wells believes that annexation by Palm
Desert of a 160 acre section of its sphere of influence is an
unacceptable encroachement. Indian Wells would strongly pro-
test this annexation.
The City believes that the density of this project is not com-
patible with Indian Wells development standards and the unit
sizes are considerably smaller than are acceptable to the City.
Palm Desert has not performed proper environmental review of
this project. A determination was made that the project has
- previously complied with CEQA. According to the records of
Riverside County, this project has never been submitted for
environmental review. The City of Indian Wells believes that
Palm Desert is responsible for performing an environmental
review that adequately assesses the potential impacts that
could result from the project.
Very truly yours,
CITY OF I/NDIAN WELLS
WILLIAM J. SULLIVAN
Planning Director
WJS/cv
-+f+seL.».vaabz• ._ •,•i�`Nwii'Y. aSF:x+c7rvtisb'w�wY�l� - -^-�.::7.r�3..:... .a.
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
NOTICE OF PREPARATION
OF A
"DRAFT" NEGATIVE DECLARATION
The Director of Environmental Services has determined that the following
listed projects will not have a significant adverse impact on the environ-
ment and that a Negative Declaration should be adopted:
CASE NOS. C/Z 17-78 & DP 21-78
Request for Change of Zone from R-1 , 9,000 to PR-4 and
approval of a Development Plan consisting of 20 duplexes
(40 dwelling units) on approximately 8 acres generally
located near 44th Avenue and Deep Canyon Road.
----------------------
CASE NO. C/Z 14-78
Request for a Change of Zone from PR-4 to R 2-8,000
for approximately 80 acres at the southeast corner of
Portola Avenue and Country Club Drive.
- -----------------------
CASE NO. TT 14032
Request for approval of a Tentative Tract Map to allow
238 detached residences and a park site on approximately
80 acres at the southeast corner of Portola Avenue and
Country Club Drive.
-----------------------
CASE NO. CUP 16-78
Request for approval of a Conditional Use Permit to
operate a restaurant in the E1 Paseo Village project on
El Paseo, between Sunlodge Lane and Lupine Lane, within
the C-1 , S.P. zone.
-----------------------
ANNEXATION NO. 8
Annexation of approximately 320 acres at the southeast
corner of Cook Street and Country Club Drive.
{-
"DRAFT" NEGATIVE DECLARATIONS (Cont. ) Page Two
CASE NO. CUP 17-78
Request for a Conditional Use Permit to allow con-
struction of a fire station on approximately 1 .10
acres located near the corner of Silver Spur Trail
and proposed intersection of Mesa View Drive.
----------------------
An appeal from this determination may be made to the Planning Commission within
eight (8) days of the date of posting of this public notice by filing an appeal
in accordance with Resolution No. 78-32, with the Dept. of Environmental Ser-
vices located at 45-275 Prickly Pear Lane, Palm Desert, California. If no appeal
is filed within the said time, this determination shall become final .
PAUL A. WILLIAMS, AIP
Dir. of Environmental Services
Date of Public Notice
Date Appeal Period Expires
METHOD OF NOTICING:
/U Posting
/=J Mailing to owners of property within 300'
Publication in newspaper
/�/ Other mailing (agencies and other persons requesting notice)
SIEGEL
BUILDERS • DEVELOPERS
ENTERPRISES
P. O. BOX 1746, ENCINO, CALIF. 91316 • A3-1590
September 25, 1978
To: Honorable City Council
Palm Desert, California
PETITION OF ANNEXATION
Pursuant to the Municipal Organization Act of 1977, the
undersigned do hereby petition the City Council of the City of
Palm Desert, California, for annexation of the hereinafter
described property to the City of Palm Desert and, in furtherance
thereof, do hereby state the following:
1 . The legal description of the property is :
The north one-half of Section 10, Township 5 South, Range 6 East,
San Bernardino Base and Meridian;
Excepting therefrom the northerly 44 feet thereof, included in
County Road ;
Also excepting therefrom the westerly rectangular 44 feet thereof,
excepting therefrom the northerly 44 feet thereof, included in
County Road.
2. The number of inhabitants of the subject property is :
NONE.
3. The owners of the subject property are the following:
Irwin Siegel and Lillyan S. Siegel , husband and wife.
Terri Ann Siegel , a single woman.
Richard J. Siegel , a single man. g �P �v
Business address for all of the above owners is :
17000 Ventura Blvd. Suite 203 0 C T
P. O, Box 1746 ENVICOA1MEWAL SERVICES
Encino, California 91316 CITY OF PAL.•.1 DEsezT
Page 1
Siegel , 9/25/78
This "Petition of Annexation" is submitted contingent upon
agreement by and between the City Council and the Owners on the
following conditions :
A. That the annexation and zoning procedures, and development
plan/ tract map procedures be initiated concurrently.
B. That the entire property, except the northwesterly nine (9)
acres ( see map submitted herewith) , be designated for Residential
Use, Medium Density, six (6 ) Dwelling Units per acre on an overall
average basis .
C. That the northwesterly nine (9) acres of the property
be designated for Neighborhood Commercial zoning, as shown on
the accompanying map.
Signed this 25th day of September 1978 by:
IRWIN SIEGEL Irv`
LILLYAN S. SIEGEL \��
TERRI ANN SIEGEL /Q S�C2G 2
RICHARD J . SIEGEL '✓� Gi
R REVVED
OCT i9. ,;
ENVIRUiV Li LIWAL SEI,VICES
CITY OF, PALM DESERT
Page 2.
t
�ESOTJJTION NO. 79-46 PYRTRTT "B"
COUNTRY CLUB DRIVE
N O
a
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LOCATION MAP I '
NOT TO SCALE ¢
W a
W H
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N
P.O.B.
COUNTY OF RIVERSIDE < °'
e
0
4 3 N. B9 - 44 ' 48 E . 3 I 2
COUNTRY CLUB DRIVE
9 10 5313 . 84 ' , 101 m
PROPOSED PALM DESERT
CITY LIMIT z
Y R
0
0
Y A
W SECTION 10 ? O
44 T- 5- S , R -6- E , S.8.8.M. ,` 0
-m -
n
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PROPOSED PALM
4 3 DESERT CITY LIMIT
31" w.
2657. 95 I -- 2 658.0 3
I
PALM DESERT CITY LIMIT COUNTY OF RIVERSIDE ;T
L.A.F. C. 78 -
DATE Iz- Iz - �B PROPOSED ANNEXATION NO. 8
• DATE TO THE CITY OF PALM DESERT SCALE �"= Boo'
INSECTION IO ,T-5-SR-6- E , S . B. B. 8M. STD. DRAWING NO.
1 - 8-A
CITY EYGIt:EER ENGINEERING DEPARTMENT CITY OF PALM DESERT
- *..�,.... _Asti:.S�+��:^,n'-:t.W+rti�I.::�irAf.....:rw.,v:.:r.s.r.v.t.:.•:•n...
RESOLUTION NO. 79-46 EXHIBIT "A"
PROPOSED ANNEXATION NO. 8
TO THE CITY OF PALM DESERT
ANNEXATION DESCRIPTION
Beginning at a point in the easterly line of the City of Palm Desert, County
of Riverside, State of California, said point being the common Section corner
of Sections 3 and 4 and Sections 9 and 10, Township 5 South, Range 6 East,
San Bernardino Base and Meridian;
Thence, easterly along the aforementioned common Section line of Sections 3
and 10, a distance of 5,313.84 feet to a point, said point being the common
Section corner of Sections 2 and 3 and Sections 10 and 11 , Township 5 South,
Range 6 East, San Bernardino Base and Meridian;
Thence, South 000 00' 36" West, a distance of 2,656.04 feet;
+• Thence, South 890 48' 31" West, a distance of 5,315.98 feet;
Thence, North 000 04' 58" East, a distance of 2,654.82 feet to the point
of beginning.
This parcel of land contains 323.94 acres more or less.
I
J
MINUTES
REGULAR MEETING
PALM DESERT CITY COUNCIL
THURSDAY , NOVEMBER 30 , 1978
CITY HALL COUNCIL CHAMBERS
I . CALL TO ORDER
Mayor Mullins called the regular meeting of the Palm Desert City
Council to order at 7 : 08 p .m. in City Hall Council Chambers .
II . PLEDGE - Mayor Pr-Tempore Jim McPherson
III . INVOCATION - Mayor Ed Mullins
IV. ROLL CALL
Present :
Councilman Noel J . Brush
Mayor Pro-Tempore James E . McPherson
Councilman Alexis D. Newbrander
Councilman S . Roy Wilson
Mayor Edward D. Mullins
Also Present :
Martin J . Bouman , City Manager
Paul A. Williams , Director of Environmental Services
David J . Erwin , City Attorney
Paul E . Byers , Director of Finance
Carlos L. Ortega , Assistant to the City Manager
L. Clyde Beebe , Director of Public Works
V. AWARDS , PRESENTATIONS , AND APPOINTMENTS
A. SPECIAL PRESENTATION COMMEMORATING THE CITY' S 5TH ANNIVERSARY .
Mr. Paul Williams and Mr. Naning San Pedro presented the
Council with a new, permanent City Seal which had been hand-
carved in redwood by Mr. San Pedro .
Mayor Mullins presented a plaque to Mr . San Pedro for all
of the beautiful artworks he had done for the City and its
employees . The plaque extended not only appreciation but
birthday wishes .
Cake and punch was served to the members of the audience as
well as Council and Staff. Mr. Bouman noted that the lovely
flower arrangement had been sent to the City by the Palm
Desert Post and thanked them.
VI . CONSENT CALENDAR
_ A. MINUTES of the Regular Meeting of the Palm Desert City Council
November 9 , 1978 .
Rec : Approve as presented.
B. CLAIMS AI4D DEMANDS AGAINST THE CITY TREASURY - Demand Nos .
79-045 and 7 -051 .
Rec : Approve as presented.
C . STATEMENT OF CASH TRANSACTIONS FOR MONTH OF OCTOBER , 1978.
Rec : Approve as presented .
November 30 , 1978 Page 1
D. CLAIMS AGAINST THE CITY from Mrs . Louis Garfield in the
Amount o 110 . 0 .
Rec : Deny the claim and instruct the City Clerk to
so advise the claimant .
E. LETTER OF RESIGNATION from Mr. Robin Barrett from the
Parks & Recreation Commission .
Rec : Accept with regret .
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for the BLUE NUN ,
7 -699 E1 Paseo , Palm Desert , California.
Rec : Receive and file .
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for SILLY PRESCILLY ' S
AIADS & SANDWICHES , 3- 90 El Paseo , Pa m Desert , California.
Rec : Receive and file .
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for PALM DESERT
LIQUORS , 74- 121 Highway 111 , Palm Desert , California .
Rec : Receive and file .
I . REQUEST FOR APPROVAL of New Contract Price for Street
Sweeping Services by the R. F . Dickson Company .
Rec : Approve the new contract price of $3O . 36/hr.
J . REQUEST FOR ACCEPTANCE OF CONTRACT NO . 1017 , Street Resur-
facing by Matich Company , as complete .
Rec : Accept the Contract as completed and instruct
the City Clerk to file a Notice of Completion
with the County of Riverside .
Councilman McPherson asked that Item E be removed from the
Consent Calendar for discussion under Section X , Consent Items Held
Over.
Councilman McPherson moved and Councilman Wilson seconded to
approve the Consent Calendar as presented with the exception of Item "E" .
Motion carried unanimously .
VII . PUBLIC HEARINGS
A. CONTINUED CASE NOS . C/Z 08-78 AND DP 11-78 WESTERN ALLIED
ROPERTIES APPLICANT : Continue from the Meetin o
Novem er 9 Consideration of a Request for Approval
of a Change of Zone from ' S ' Study to PR-5 (U.A. ) and O. S .
(U.A. ) on Approximately 680 Acres and a Related Residential
Development Plan to Allow 1 ,428 Dwelling Units and Related
Recreational Amenities and Open Space , the Site Being
Generally Located 3 Miles Southwest of the* Intersection
of Highways 111 and 74 Adjacent to the Southerly Boundary
of the City of Palm Desert on the West Side of Highway 74
and Certification of the Related EIR as Complete .
Mr . Williams reported that the matter had been continued
specifically to allow Staff to determine what type of f
development the County would allow, consideration of an L
alternative plan submitted by the developer , and the flood
control impacts of development of the subject property .
He reviewed the Staff report relative to what development
would be permitted under County jurisdiction. Staff had
learned that the number of dwelling units that could be
allowed on the approximate 664 developable acres would range
from a minimum of 696 dwelling units to a maximum of 2 ,378
dwelling units . The higher range , however , was unrealistic
as it does not take into consideration the County 's Hillside
Ordinance which would drastically reduce the number of
dwelling units permitted in the Open Space and Planned
Development District . Therefore , the range of total number
of dwelling units permitted is much the same under both City
November 30 , 1978 Page 2
and County jurisdiction . Whether Riverside County would
lean toward the lower side of the range is a question that
Staff cannot determine .
With regard to two-story structures , Staff learned that the
development under the County might possibly be limited to
single-story on the peripheral areas and two-story in the
interior of the project . However , there is no guarantee
that this would be the case .
In reviewing the applicant ' s alternative proposal , Mr .
Williams pointed out that the original request specified
a total of 307 developable acres and 373 acres in Open
Space . The alternate plan as submitted was reviewed in
detail by Staff . This proposal represents an average
density of 3 . 2 dwelling units per acre . However , there is
a conflict with the original request in terms of total
developable acres of 307 (original) versus 333 . 27 acres
as submitted in the alternative plan . Further , the total
number of units of 1 , 073 is less than what the applicant
indicated was needed to make the project economically
feasible which was 1 , 200 units . The issued is further
confused by the fact that at the end of the hearing , the
Mayor asked the applicant to interpret Alternative A and
the explanation was that it represented 1 , 184 dwelling
units on 296 acres . Staff has concluded , however , that
the applicant ' s Alternative A does not relate to his
request of PR-4 on 296 acres and therefore should not be
considered .
Mr. Williams also noted for the record that the Planning
Commission , at their last meeting , had corrected their
minutes to reflect a 4-0-1 vote on the recommendation to
Council relative to the Rancho Bella Vista Project .
In conclusion , Mr . Williams reviewed correspondence received
since the previous meeting which expressed opposition to the
project . This correspondence was received from Mrs . Gwen
Rizer , Mr . Cockroft , and Mr . and Mrs . Demerel .
Mr. Bouman reported that on the day before Thanksgiving ,
Staff had met in Palm Desert with Mr . John Tettemer who
is the City' s contract flood control advisor , and in
keeping with Council ' s instructions , they talked about
Mr. Tettemer ' s feelings with regard to the flood control
plan that has been presented by the applicant and some of
the requirements placed on the applicant by the Coachella
Valley County [dater District . The main thrust of Mr.
Tettemer ' s comments were that we cannot and must not pass
off to another agency our responsibility for flood control
and proper drainage not only as it is associated with this
project , but additionally looking at the long-range scheme
of things to upstream control , a master plan for long-range
flood control , and both in the short-term and long-term,
looking downstream to adequate protection along the Palm
Valley Channel . He stressed very strongly that this is a
City responsibility ; that any action Council may take here ,
if it places a piece of property in jeopardy or if it risks
a life , injury , or death , we have that to think about now.
This is very significant when you consider that the Channel
as it is presently aligned and constructed is not adequate
to carry major stormwaters . The Channel failed during
L Tropical Storm Kathleen in September , 1976 , primarily at
two key places , and there is reason to believe that the
intensity of the water flow at that time is something less
than what might be expected in the 100-year storm. There
are different opinions about that .
Mr. Bouman stated that Mr. Tettemer ' s advice to the City was
that we , as a City , must establish the standards to which we
want to see the drainage and flood control developed. We
can establish those standards in various ways ; we can describe
them in technical terms which would be the characteristics of
the water flow, the flow itself , the size of the channel that
might be necessary , the details of construction , design , etc . ,
November 30 , 1978 Page 3
or , from a simpler standpoint , since we lack that expertise
as a city , we can specify that we want protection from various
storms and degrees of intensity . As an example , we might say
we want protection from the 50 , 100 , 200 or the 300-year storm.
Based on Mr. Tettemer' s advice , when we think in long-range
terms for implementation of major flood protection works as
recommended in the Bechtel Plan , that we should be thinking
of nothing less than the standard project flood and that may
be roughly relayed into the 300-year storm. Again , there is
a technical disagreement as to exactly what those terms mean .
When looking at the immediate or short-range picture , the
things we have to worry about the day that this development
begins to move earth , Mr. Tettemer advises that we should
be looking at nothing less than protection from a 100-year
storm. This makes a lot of sense because that is the same
protection as the design standard the Federal Government
uses to allow insurance — high-coverage , low-premium flood
insurance that is obtainable to properties if , in the judgment
of their experts , you are protected from the 100-year storm.
The further significance of that is that by diverting water
from the Rancho Bella Vista Project , which Mr . Lowell Weeks
of the CVC14D says he will require , into the Palm Valley
Channel , we would be doing it in the face of more than
suspicion — of knowledge — that the channel isn' t even
adequate as it is today , let alone the added amount of water
that we would now be diverting into the channel. In dis-
cussions with Mr. Weeks , he said that he did not feel that
the amount of water that would be diverted thusly would be
significant . However , Mr. Bouman stated that he and Clyde
Beebe , Director of Public Works , had done a number of cal-
culations and think that considering the factors that you
apply to get flow figures for the 100-year storm that
the flow in that channel might be increased by as much as
25-30%, and if we want to use some figures , it would be
from something like 4 , 200 cu. ft. per second to pretty close
to 5 ,400 cu. ft . per second. That is significant .
Mr. Bouman continued that the legal risk and moral obliga-
tion that the City has is not to further jeopardize the
downstream properties and the people along the Palm Valley
Channel , and the Staff could thus not , in good conscience ,
recommend that the Council allow a project like this , as it
is contemplated , to divert water into that channel unless
there were improvements to the channel all the way to the
Whitewater , if necessary , to accommodate the flow. That
would mean that Council has some options as to how to
accomplish this :
1 . Place a requirement on the applicant that , as part of
his project and a part of the off-site developments , he be
required to make all the necessary improvements that would
give the City the assurance that the channel would carry
the water flows from the 100-year storm. That requirement
would take written certification by the Water District and
our own flood control consultant that such indeed was the
case — that these contemplated improvements would give us
that protection.
2 . The applicant either post a cash deposit or bond in an
amount estimated to cover the cost of these kinds of improve-
ments and that the improvements then could be done piece-
meal , but certainly that they would all be in place and L
again certificated in writing as to their adequacy before
any water would be permitted to be diverted into the
channel .
3 . Simply to place the responsibility with the developer
and the CVCWD by saying certain improvements on the property
could take place but no improvements , no grading , no con-
struction , nothing could happen in that regard' if it was at
a location on the property that would divert water into the
channel until and unless we again had written certification
that we had the protection that we required .
Mr. Bouman pointed out that Council ' s condition , if so
desired to place such a condition on this development ,
November 30 , 1978 Page 4
could be a combination of the suggested alternatives .
The end product in each case is assurance to our City
that we have 100-year storm protection. We would get
some tremendous benefits from that . We would get flood
insurance protection for several hundred homes , condominiums ,
two churches , some commercial establishments — all of which
are now in a flood hazard zone and do not qualify for that
insurance . lie stated that he did not minimize the fact
that under the plan that has been presented to the City ,
we do have a golden opportunity to get started on our long
range flood control projects which we need very badly .
That ' s commendable . However , those two benefits or advan-
tages should not be allowed to offset the fact that we may ,
simply by saying "yes , put water in the channel" , create
a far greater risk downstream that we would have to feel a
responsibility and perhaps a liability for .
Mayor Mullins invited input in FAVOR of the project .
MR. RICHARD ROMELLA, Planning Center , Newport Beach ,
addressed Council , pointing out that there was a dis-
crepancy or confusion relative to the amount of acreage
involved in the new plan , but it was their intention to
request PR-4 on 296 acres . This new plan was submitted
in an effort to resolve concerns raised during the public
hearing .
He stated that he was opposed to four of the Special Con-
ditions as follows :
- Condition #1 , limiting the number of units to 732 , made
the project totally unfeasible economically.
- Condition #5 was felt to be outrageous and prejudice in
that no other developer has been required to commit to
such a setback. He requested that Council impose the
Staff recommended 32 ' setback .
- Condition #7 , dealing with development westerly of the
proposed drainage channel , should be modified to allow
certain phases of development so that costs of the flood
control could be offset by development .
- Condition #11 , dealing with no development within 200 '
of Section 36 , was felt to be the same as #5 with the
same objection.
MRS . AMANDA McMILLEN , 74-169 Catalina , spoke in favor of
the project but in opposition to the developer having to
foot the bill for all of the flood control .
MRS . RUTH VELOUR, Property Owner in Section 1 , spoke in
favor and suggested that the property owners be asked to
put in flood control , not the developer .
Mayor Mullins invited input in OPPOSITION to the project , and
the following people spoke in objection to high density , concern
of wildlife protection , and concern of flood control :
DR. JERRY MEINTS , 71-450 Painted Canyon Road , Palm Desert
MR. JOE CADY , 71 , 855 Jaguar , Palm Desert
MR. HAROLD BARTELL, 71-250 Oasis , Palm Desert
( MR. PAUL ROMANAK, Palm Desert
l MRS . ANNE COOPER, 71-750 Cahuilla Way , Palm Desert
MR. TOM WARDELL , 71-251 Cholla , Palm Desert
MR. ROBERT BIERLING , 44-600 San Rafael , Palm Desert
MR. BRUCE ROGERSON , 43-870 Marigold , Palm Desert
MR. BRUCE DOWE , 48-200 Painted Canyon Trail , Palm Desert
MR. DAVID VELOUR, Palm Desert
MR. DAVID SALVATERRA, 48-655 Coyote , Palm Desert
Mayor Mullins invited rebuttal , and the following people spoke :
MR. RICHARD ROMMER, President , Western Allied Property
pointed out chat the requirement of 200 ' setbacks would
cost them 42 acres in land not to mention the land they
were already giving up for open space and amenities .
November 30 , 1978 Page 5
He felt that this requirement was discriminatory.
He pointed out that it appeared that from the input in
the hearing, they were being tagged with creating the
flood control problems when they were really being
tagged to correct them.
Mr. Rommer requested that Special Condition #7 be eliminated
as well as #5 and #11 . Condition #7 was covered , he felt ,
amply by #14 and #15 and Condition #11 , if not eliminated ,
should be reduced to 50 ' setbacks .
He concluded by stating that their request was specific
in that they wanted to build 1 , 184 units on 296 acres
with a zone of PR-4 . He urged Council to make a decision .
Mayor Mullins declared the Public Hearing closed.
Councilman Wilson asked for Staff' s clarification on why
the Planning Commission had established the 200 ' setback
on Highway 74. Mr . Williams responded that because it
would be the first development seen as people were driving
south into Palm Desert on Scenic Highway 74 , the Planning
Commission felt it appropriate .
In response to the question about other developments being
required to have a 200 ' setback , Mr . Williams pointed out
that Deep Canyon Tennis Club on Highway 74 has a setback of
not much less than 200 ' . The Indian Creek Villas were built
under the County.
With respect to other annexations receiving PR-5 designations ,
Mr . Williams stated he assumed they were referring to Annexa-
tion #5 or Monterey Country Club and pointed out that they
had received a zoning of a high of 5 dwelling units per acre
to a low of 3 dwelling units per acre . With respect to the
property in question , both the Commission and Staff felt
that this was the most unique property considered since
incorporation and thus were very concerned over high
density .
Councilman McPherson stated that he could not understand
the applicant ' s request for elimination of Condition #7
inasmuch as his own EIR states that 25% more water will
be diverted into the Palm Valley Channel , and in its present
condition , the Channel will not now handle it . He stated
that he would not be in favor of approving the project
without that requirement inasmuch as it would endanger
lives . He also pointed out many conditions placed on
developments such as Ironwood that had not been the same
in nature , but just as costly to the developer and as
important to the City.
Councilman Brush stated that he was not ready to take any
action that would magnify the drainage or flood control
problems , and inasmuch as the Water District stated that
the Palm Valley Channel has two weak spots presently , this
proposed water diversion was definitely a danger.
Councilman Wilson moved to amend Special Condition No . 13 to
read : Absolutely no diversion of water into the Palm Valley Channel
would be permitted until and unless the City has received written
certification from the Coachella Valley County Water District and L
the City' s own flood control advisor that , in their opinion , the
channel offered full protection from the 100-year storm. Councilman
Brush seconded the motion ; carried unanimously .
Discussion ensued relative to the 200 ' setback requirement ,
particularly as it related to Section 36 .
November 30, 1978 Page 6
1
Councilman Wilson moved and Councilman Brush seconded to amend
Special Condition No . 11 to read as follows : Development adjacent to
Section 36 should have setbacks in a range from 50 ' to 200 ' . Flexi-
bility within the range is assigned to the Design Review Board Process
and should be adjusted to provide compatibility with the large lots
and low density development existing in the Cahuilla Hills . Motion
carried unanimously.
Councilman Wilson moved and Councilman Newbrander seconded to
waive further reading and pass Ordinance No . 198 , as amended , to second
reading . Motion carried unanimously.
( Councilman Brush moved and Councilman McPherson seconded to
certify as complete the Final Environmental Impact Report for Rancho
Bella Vista on file with the Department of Environmental Services ,
together with all comments received from other agencies , organizations ,
community groups and interested citizens , and the responses to such
comments prepared by the City Staff as the Certified Final Environmental
Impact Report for the Rancho Bella Vista Project . Motion carried
unanimously.
B. CASE NOS . C/Z 12-78 AND DP 16-78 - SIEGEL ENTERPRISES , APPLI-
CANT : Consideration bt a Request for a Change ot Zone rom
—Study to PR-6 (U.A. ) , P . C . (2) (U .A. ) and P (U .A. ) and
Approval of a Related Development Plan to Allow a 1 , 120
Dwelling Unit Golf Course Condominium Project , a District
Level Shopping Center , and a Public Use Area on Approximately
320 Acres on the South Side of Country Club Drive , East of
Cook Street .
Mr. Williams presented a detailed staff report , stating
the major issues dealt with by the Planning Commission
and explaining their recommendations . He stated that the
City ' s General Plan shows this area appropriate at a range
of 5-7 units to the acre, and the applicant ' s proposal is
for 3 . 61 units to the acre . The Planning Commission did
recommend PR-4 to provide for the 3 . 61 du/acre .
Il Mr . Williams pointed out that the Council had received a
letter from the City of Indian Wells that deals with some
items that the Commission was concerned with and discussed
in their resolution . The Commission realized that this is
a somewhat violation of the two cities ' sphere of influence .
However, in reviewing the area from basically Interstate 10
south to the Whitewater Storm Channel , there is a natural
division in terms of ownership along the half-section line
with the exception of this parcel and the sewer treatment
plant complex. This is an instance where you have one
property owner owning basically 160 acres in each sphere
of influence . The applicant is trying to build an integrated
complex and therefore , it is very hard for him to conceivably
develop in the two cities . Thus , in Staff ' s judgment , he
had two options — develop in the County or develop under
the City . He has chosen to request to be developing under the
City of Palm Desert .
The other exception is the Water District ' s acreage which
also violates the sphere of influence . It is unique in that
the Sewer Treatment Plant would be in Palm Desert , but the
spreading area or basically vacant land would be in Indian
Wells . With those two exceptions , there is a line of owner-
ship break right at the sphere of influence line . The Com-
mission encouraged Staff to contact the City of Indian Wells
before the Council considered the matter to get their opinion
as to what they thought of this possible violation of their
sphere of influence . As a result of that contact , the letter
was submitted to the City Council in total opposition to the
1) annexation to the City of Palm Desert ; 2) the design of
the project ; and 3) the environmental review of the project .
Mr. Williams stated that the first time the Staff was con-
tacted by Mr. Siegel , the applicant , with regard to the pos-
sible project on this property , the consideration was for an
November 30 , 1978 Page 7
18-hole golf course with a range of density from 5-7 du/acre
and a 15-acre commercial center. Staff then began to review
all the environmental analyses that had been done on this
property. That started with the applicant submitting the
environmental analysis done by the County for 234 acres and
a 600 unit mobile home park subidivision that was recently
denied on the easterly 234 acres of this property . The
County had issued a Negative Declaration on that request .
Staff then looked at the General Plan specifically with
regard to the District Commercial because that is really
a unique land use . There are only 5 places in the City of
Palm Desert that provide ultimately for District Commercial ,
so that was adequately , in Staff' s judgment , analyzed in the
General Plan. Staff also looked at the community facilities )
aspect and felt that if a 40-acre community facility was Il
developed on a portion of this property which was what was
contemplated under the Environmental Impact Report , then
there was a substantially more adverse impact than what was
being contemplated. Then the Environmental Analysis of
Annexation No . 5 was reviewed which is the property between
Monterey and Cook Street , south of Country Club and which
has a very similar land-use designation as the property
under consideration.
Staff then suggested to Mr. Siegle that he begin to scale
down the project , reduce the commercial center to 9 acres ,
reduce the density from the range he contemplated of 5-7
which would allow 1 , 525 units to as high as 2 , 135 units .
In reaction to this environmental analysis , Mr. Siegle
began to finalize his plans and reduce impact of the
project . Staff also suggested that blowsand was perhaps
the biggest problem that dealt with the property beyond the
environmental considerations , and he needed to integrate
that into the design which he has done . After reviewing
all of the environmental documents and reviewing a scaled
down project , Staff concluded that the environmental con-
cerns of this project had been adequately addressed and r
therefore did not require further environmental analysis . tIl
The City of Indian Wells is objecting to that and feels
that the County first of all never considered this project
and believes that the City of Palm Desert is responsible for
performing additional environmental review. The second
concern is that the density of the project being contem-
plated is not compatible to the City of Indian Wells '
development standards and the unit sizes are considerably
smaller than acceptable to the City. The density is below
our General Plan designation , however , and the units are
in excess of our minimum 1 , 000 sq . ft .
Their last concern was that they would be strongly opposed
to a violation of their sphere of influence . They feel it
is an unacceptable encroachment . The sphere of influence ,
or the lines that are created, are proposed by State law
as a guide and they are just one element of consideration
by LAFCO when they consider annexations , and they are the
ones who will decide whether an annexation or a sphere of
influence line should be violated. They have to take into
consideration other concerns such as is it one ownership?
Do they want it to be in one city or two cities? Do they
want to annex it all to one city? Staff concluded , in
going through the various justifications , that if the
property owner wants to annex to Palm Desert , the fact that L
he owns the parcel as one entity seems an overriding con-
cern , particularly since Indian Wells ' present city limit
line is at the Whitewater Storm Channel which is at least
two miles away. Staff felt that it was a better way to
go than to tell Mr . Siegel to develop in the County .
While Staff understands Indian Wells ' protest , it is felt
that LAFCO should decide that this is an appropriate annexa-
tion to the City of Palm Desert .
November 30 , 1978 Page 3
In conclusion , Mr. Williams reported that Staff favored
the recommendation of the Planning Commission and recommended
to the City Council that by Ordinance No. 199 , Council approve
a Change of Zone , Upon Annexation , of PR-4 on 309 acres , PC-2
on 9 acres , and P on 12 acres of the subject property and
subsequently approve a development plan for 1 , 120 dwelling
units subject to conditions .
Mayor Mullins declared the Public Hearing open and invited
input in FAVOR of the project .
MR. IRWIN SIEGEL, 17501 Corinthian , Encino , California ,
( stated that they had worked long and hard with the Planning
L Staff and have scaled the project down from the original
concept to as it has been presented. He stated his con-
currence with all the conditions , standard and special .
He called specific attention to the design of the shopping
center as shown and stated he completely agreed with the
Planning Commission that it should be redesigned subject
to Commission and Design Review Board approval .
Mayor Mullins invited input in OPPOSITION to the project , and
none was offered. He declared the Public Hearing closed.
Councilman McPherson stated he would like to emphasize
Special Condition #7 (a) to ensure that the street would
not look like row after row of driveways .
Councilman Newbrander asked if Staff had responded to
Indian Wells ' letter , and Mr. Williams advised that he
had talked with their Planning Director prior to receipt
of their letter. Councilman Newbrander asked if the City
of Indian Wells had been consulted with regard to the
original presentation of this , and Mr . Williams advised
that Mr . Sullivan had been in his office on another matter ,
but they had discussed this issue . He felt that Indian
Wells might go along with it if they had adequate treatment
along Eldorado Drive and had indicated he would submit plans
on what Indian Wells wanted to do there . However , they
elected to oppose the project rather than give direction
on what to do on Eldorado Drive.
Councilman McPherson moved and Councilman Brush seconded to
waive further reading and pass Ordinance No . 199 to second reading .
Motion carried on a 4-1 vote , with Councilman Newbrander voting NOE .
Councilman Newbrander explained that she didn ' t like to see
that much disagreement between the cities . She felt that
this is in their sphere of influence and even though we have
lost some property to Rancho Mirage , she didn ' t like to see
the two cities at odds . She would like to see us working
more closely with the City of Indian Wells to get their
cooperation .
C. CASE NO. TT 13008 - COVE CONSTRUCTION COMPANY APPLICANT :
Consi eration o a Request or Approvalo a Tentative Tract
Map to Create 161 Single-Family Residential Lots on Approxi-
mately 64. 4 Acres within the R-1-12 , 000 and R-1-12 , 000 S . P .
(Single-Family Residential , Min . 12 ,000 So . Ft . Lot Area ,
Scenic Preservation Overlay) Zones Generally Located East
of Highway 74 , South of Homestead .
Mr. Williams presented the Staff Report , indicating that
both the Planning Commission and Staff recommended approval
of the 'tentative Tract Map by Resolution No . 78-145 .
Mayor Mullins declared the Public Hearing open , and invited
input in FAVOR of the Tentative Tract Map .
MR. ED WRIGHT , 78-106 Avenue 52 , LaQuinta , addressed Council
stating that this was intended to be a custom home lot project
for individual home sites . The lot sizes will vary from
12 , 000 sq . ft . and up . They had worked very hard with Staff
on the drainage which is unique to this area , and as a
result , have reduced the amount of water running offonto
November 30 , 1978 Page 9
Homestead Road. However, they were aware there were several
other areas of drainage that had to be resolved with the
Public Works Department .
Mayor Mullins invited input in OPPOSITION , and none was offered ,
He declared the Public Hearing closed.
Mr . Bouman asked why there were sidewalks only on one side
of Mesa View, and Mr . Wright responded that they would have
no objections to putting them on both sides . Mr . Williams
pointed out that in a similar case of Portola , Council
had elected not to put sidewalks on both sides because of
skateboards and bicycles , and this was the primary reason
it had not been a condition of approval at the Commission
level .
Councilman Wilson moved to amend Special Condition #5 to include
"except sidewalks shall be provided on both sides of Mesa View Drive" .
Councilman Brush seconded the motion . Motion carried on a 4-1 vote ,
with Mayor Mullins voting NOE.
Councilman Wilson moved to waive further reading end adopt
Resolution No . 78-145 , approving the Tentative Tract Map for Tract
No. 13008 . Motion carried unanimously,
D. CASE NO. TT 13323 - ROGER BOYAR DEVELOPMENT COMPANY ,
APPLICANT : Consideration of a Request for Approval of a
Tentative Tract Map to Subdivide 8 , 41 Acres to Create 4
Lots , the Subject Property Being Located West of Highway 74
within the Kings Point Condominium Project .
Mr. Williams gave the Staff Report , pointing out the the
original subdivision consisted of two lots . The applicant
would like to dividethem for bonding purposes . The Commission
felt this was appropriate and recommended approval .
Councilman Newbrander asked if this property was not very
close to the Palm Valley Channel which will undoubtedly Il
be expanded . Mr. Williams responded that it was but that
the applicant was being required to reserve 108 ' for
additional widening by the Water District . The widening
will not be done in the first phase , although drainage on
Hedgehog will be taken care of. The problem will be dealt
with in the approval of the second phase .
Mayor Mullins declared the Public Hearing open and invited input
in FAVOR.
MR. LARRY WILMONT , 17337 Ventura, Encino , California ,
addressed Council stating that their approval will allow
them to develop tennis courts so that they can use it with
the first phase of development .
Councilman Wilson asked what was taking place there at
the present time as it appeared as though they were grading .
Mr . Wilmont advised that they had graded and actually taken
out 66 permits under the prior approval of a 2-lot subdivision.
Mayor Mullins invited input in OPPOSITION , and none was offered .
He declared the Public Hearing closed.
Councilman McPherson moved and Councilman Wilson seconded to 1
approve the Tentative Tract No. 13323 by waiving further reading and L
adopting Resolution No . 78-146 . Motion carried unanimously.
E . RE,UEST TO VACATE a Portion of the Old Highway 74 Passing
on t e Sout erly Side of Sambo ' s Restaurant , Easterly of
Highway 74 . (Continued Public Hearing from the Meeting of
October 26 , 1978 . )
Mr . Beebe gave the Staff' s report and indicated that this
land will be used as a parking lot . All legal requirements
have been met for this vacation .
November 30 , 1978 Page 10
I
Mayor Mullins declared the Public Hearing open and invited
input in FAVOR.
MR. RON ROBERTS , Hughes Investment Company , addressed
Council stating that what they intended to do was to
remove the existing curb and use the existing right-of-
way for parking purposes .
Mayor Mullins invited input in OPPOSITION , and none was offered .
He declared the Public ;searing closed.
Councilman Brush moved and Councilman Newbrander seconded to
waive further reading and adopt Resolution No . 78-147 , declaring the
( vacation of a portion of the Former State Highway 74. Motion carried
Il unanimously.
F. REQUEST FOR PUBLIC INPUT RELATIVE TO UNMET TRANSIT'_N_EEDS
For the E er y and HandicappedWithin the City o P a _m
Desert , California.
Mr . Ortega presented the Staff Report and reviewed the
.purpose of the hearing.
Councilman McPherson asked if it was their determination
that there were no unmet transit needs , how did they justify
nothing? Mr . Ortega responded that the Council must deter-
mine if there are any unmet needs , and if so , if those
needs could be met reasonably and economically .
Councilman Newbrander stated that it was wasteful to
have our City bus making its route with only the driver
on it . Mr . Ortega reviewed the figures presented by
Sunline which showed that over the past ten months ,
our bus has transported 12 , 596 passengers . On that
basis , it has $5 . 84 per person per ride .
Mayor Mullins declared the Public Hearing open and invited
input .
MR. JOHN PORTER, Parents Association of the Foundation
for the Retarded , 469 Camino Del Sur , Palm Springs ,
stated that he wanted to emphasize the need for trans-
portation for the handicapped . He said that the law
specifically provided for this , and the handicapped
were not being given what was rightfully theirs . He
cited an example where a family in Desert Hot Springs ,
the mother of which was in a wheelchair and the child
being retarded , were not being provided transportation
for the child to and from school . The father , therefore ,
drove to Palm Desert and then had to leave his employment
early to pick the child up . As a result , he had to work
seven days a week. He stated that the cities in the
Valley had an obligation to get together to provide this
transportation, and he felt that as a joint effort , it
could be done economically.
Councilman Newbrander asked how many of these children
were actually from Palm Desert , and Mr . Porter responded
about 5 .
Mr. Porter pointed out that these children , because of
their handicap , were not able to use public transportation .
Mayor Mullins declared the Public Hearing closed .
Council directed Staff to conduct further investigation rela-
tive to the Foundation for the Retarded and to schedule the
item for a future Study Session . No further action was taken .
November 30 , 1978 Page 11
VII . RESOLUTIONS
A. RESOLUTION NO. 78-148 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPA-
TION BY THE CITY OF PALM DESERT , CALIFORNIA, IN THE DEVELOP-
MENT OF A COACHELLA VALLEY MASTER ENVIRONMENTAL ASSESSMENT.
Mr. Williams reviewed the Staff Report and stated that
this resolution provided the selection of a consultant
in the range of $17-28 , 000. He pointed out that under
Section "2" , the word "allocated" should be changed to
"pledged" so that CVAG could move ahead with this .
Councilman Brush asked if this assumed that the other
cities will do the same and if those conditions are not
met , then our pledge would be dropped . Mr . Williams
answered that this was correct .
Councilman Wilson asked if there was any kind of tax that
could be imposed to recover some of this money . Mr. Williams
answered that this was being considered .
Councilman Wilson moved and Councilman Brush seconded to waive
further reading and adopt Resolution No. 78-148 ; carried unanimously.
B. RESOLTUION NO. 78-149 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AGREEING TO FINANCIALLY
PARTICIPATE WITH THE COLLEGE OF THE DESERT IN DEVELOPING NEW
PLAYFIELDS FOR THE PUBLIC ON THE CAMPUS BY MEANS OF A JOINT
POWERS AGREEMENT.
Mr . Bouman reported that about a year ago , the Council had
considered a Joint Powers Agreement with C . O. D . , but it had
fallen through because of Proposition #13 . This comes now
as an alternate proposal where the City agrees to partici-
pate with $20 , 000 for additional playfield areas . There
are about 6 acres of open space which would be provided
as green grass playfields . If we can get this much started
under a Joint Powers Agreement , both the College and the
citizens of our City would benefit. Mr. Bouman pointed l
out that because of some unresolved problems , the resolu-
tion originally submitted to Council had been amended to
state that no funds would be dispersed until the Council
so authorized it .
Councilman McPherson moved and Councilman Newbrander seconded to
waive further reading and adopt Resolution No. 78-149 ; motion carried
unanimously .
C. RESOLUTION NO. 78-150 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT , CALIFORNIA, APPROVING THE APPLICA-
TION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING
AND RESOURCE RECOVERY FUND.
Mr. Ortega reported that this grant represented monies
available from the dump fees collected. The County of
Riverside will implement some type of cleanup program
as many people have started dumping trash in the desert
rather than pay the dump fee . Given the small amount of
money , Staff is recommending that the City participate
with the County . If the monies are greater next year ,
the City may elect to get them and use them on our own .
Councilman McPherson stated that this dump fee had been
enacted as a result of Proposition #13 . We charge a fee
because supposedly there is no money, and now we get the
money back . People don' t want to pay the fee , so they
dump in the streets and the desert . Government ' s answer
is to set up a Litter Control Board with a budget of $84 , 000.
It might be a better solution to stop charging the fee in the
first place .
Councilman Newbrander moved and Councilman Wilson seconded to
waive further reading and adopt Resolution No . 78-150 ; motion carried
on a 4- 1 vote , with Councilman McPherson voting NOE.
COUNCILMAN BRUSH ASKED IF COUNCIL COULD NOT MOVE AHEAD ON THE
November 30 , 1978 Page 12
AGENDA AS IT WAS LATE AND SEVERAL PEOPLE 14HO HAD CASES TO BE
HEARD HAD BEEN WAITING A LONG TIME . WITH NO OBJECTION , COUNCIL
SKIPPED AHEAD ON THE AGENDA TO "OLD BUSINESS" .
XIII . OLD BUSINESS
B . CASE NOS . C/Z 09-78 , DP 13-78 , AND 144MF , LEWIS HOMES , APPLI-
CANT :
C/Z 09-78 A Change of Zone from PR-4 , S . P . (Planned
Residential Max . 4 du/acre) and P (Public
Institutional) to PR-5 (Planned Residential ,
Max. of 5 du/acre) for Approximately 70 . 5
Acres of the Subject Property.
DP 13-78 A Development Plan to Develop the Above
Described 70 . 5 Acres with 315 Dwelling Units
and a Six Acre Public Park.
144MF Preliminary Design Review to Provide for a
160 Unit Condominium Development and Related
Recreational Amenities onthe 27 . 2 Acre Portion
of the Subject Property Located in the Proposed
PR-5 Zone District .
Mr . Williams pointed out that at the Council ' s October 26 ,
1978 , meeting , they had , by a 3-2 vote , passed Ordinance No .
194 to second reading and referred the matter, with a PR-5
designation , to the Planning Commission for study and report .
At the November 15 , 1973 , meeting of the Planning Commission ,
the applicant requested a change of zone from P to PR-4
which would allow 282 dwelling units on the subject property .
Since this was the Commission ' s original recommendation , it
passed unanimously. As a part of this action , the Commission
also recommended a revision to Special Condition No . 11 to
reflect the revised request . Staff recommends approval of
the new request by Alternative A to Ordinance No . 194 .
MRS . BETTY WILLIAMS , Representative for Lewis Homes , addressed
Council asking why this had to be a first reading of the
Ordinance. Dave Erwin explained that the zone designation
had been changed; thus it had to have a first reading. Mr.
Williams advised that Lewis Homes could , however , proceed
with their Tentative Tract Maps .
Councilman Brush moved and Councilman McPherson Seconded to
waive further reading and pass Ordinance No . 194 to second reading ;
carried unanimously.
C. REQUEST FOR APPROVAL of Final Tract Map 5565-4 and 5565-5 ,
i ver Spur Associates , Applicant .
Mr . Beebe stated that these two tracts as well as the next
item, Tract No . 5553 , were ready for Final Tract Map approval
in that their bonds were posted, maps approved , and Subdivi-
sion Agreements signed. Staff recommended approval .
Councilman McPherson moved and Councilman Brush seconded to
waive further reading and adopt Resolutions No . 78-154 , 78-157 , and
78-155 approving Tracts No. 5565-4 , 5565-5 , and 5553 , respectively.
Motion carried unanimously.
D. REQUEST FOR APPROVAL of Final Tract 11ap for Tract No . 5553 ,
fiver Spur Associates , Applicant .
Action taken by motion under Item C , OLD BUSINESS .
E . REQUEST FOR APPROVAL of Final Parcel Map 11390 , Pasqual
Properties , Inc . , Applicant :
Mr. Beebe explained that this property was located at the
southwest corner of CAtalina. The applicant was requesting
that 1 . 21 acres be cut into 3 lots . Tentative Parcel Map
was approved by Council on September 29 , 1977 , and all bonds
and agreements are now in and in order . Staff recommended
approval .
November 30 , 1978 Page 13
Mr . Beebe pointedout that this map had actually expired
prior to the meeting because of the fact that the Council
was meeting one week later than normally scheduled . Dave
Erwin stated that if all was in order and ready for action
for the meeting which should have been held on Thanksgiving ,
then it was proper for Council to extend the time and take
action.
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No. 78- 156 ; carried unani-
mously.
COUNCIL RETURNED TO PROPER ORDER OF AGENDA ITEMS .
VIII . RESOLUTIONS (Continued)
D. RESOLUTION NO. 78-151 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT , CALIFORNIA , AUTHORIZING THE ACCEPTANCE
OF CERTAIN DEEDS FOR PROPERTY PURCHASED BY THE CITY IN ACCORD-
ANCE WITH THE C . O. D. SPECIFIC PLAN AND DIRECTING THE CITY
CLERK TO RECORD SAID DEEDS .
Mr. Bouman advised that this was a housekeeping matter to
accept the deeds for property previously authorized for
purchase .
Councilman Newbrander moved and Councilman Brush seconded to
waive further reading and adopt Resolution No . 78-151 . Motion carried
unanimously.
E. RESOLUTION NO. 78-152 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79
BUDGET TO PROVIDE FOR INCREASED COSTS FOR AUDITING .
Mr. Bouman advised that this reflected an increase in the
auditors ' costs . They were being paid more , and they also
were being required to spend more time because of the City ' s
workload . It authorized payment of an overage of $139 . 00 .
Councilman Wilson moved and Councilman Brush seconded to waive Il
further reading and adopt Resolution No. 78-152 . Motion carried unani-
mously.
F. RESOLUTION No . 78-153 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS
TO VACATE A 4 ' WIDE WALKWAY IN DESERT GARDEN HOMESITES TRACT
UNDER THE PROVISIONS OF PART 3 , DIVISION 9 , OF THE STREETS
AND HIGHWAYS CODE, AND FIXING TIME AND PLACE FOR HEARING ALL
PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION .
Mr. Beebe advised that the City has been requested by this
property owner to vacate a 4 ' walkway that was originally
put in as a condition of tract approval . The property owner
will then grant the City a 6 ' easement for drainage purposes .
The resolution sets the time and place for hearing .
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No . 78-153 . Motion carried
unanimously .
IX. ORDINANCES
For Introduction :
None
For Adootion :
None
X. CONSENT ITEMS HELD OVER
Councilman McPherson stated that he had asked that Item "E" be
discussed since Mr . Robin Barrett had lived around here for 25
years and he felt it appropriate to send him a resolution of
appreciation . Staff was so directed.
November 30 , 1978 Page 14
Councilman McPherson moved and Councilman Brush seconded to
accept Robin Barrett ' s letter of resignation with regret . Motion
carried unanimously .
XII . NEW BUSINESS
A. REQUEST FROM MR. C . ROBERT HUBBARD , Representative of the
Leslie Fun , Inc . , Requesting a Joint Study Session of the
City Council and Planning Commission for the Purpose of
Reviewing the Development Pattern Surrounding their 8 . 28
Acres at the Northeast Corner of Deep Canyon Road and
Highway 111 .
Mr. Bouman stated that this property at one time was con-
sidered for a possible donation to the City . Since then ,
it has been decided by the Leslie Fund to place it on the
market , with Mr . Hubbard acting as their agent . ?Ar. Bouman
had advised Mr . Hubbard that this property had very recently
been an item of discussion by the Planning Commission .
Staff recommended that it be referred to the Planning Com-
mission for consideration of alternative designations in
the General Plan.
Councilman Brush asked why Mr. Hubbard couldn ' t go directly
to the Planning Commission with his request . Mr . Williams
stated that the Master Plan of Park & Recreation and the
General Plan both showed this land as Hotel Resort . Mr .
Hubbard prefers the straight commercial zone , which has
been discussed by Council at least 4 times in the past .
It was Mr . Hubbard' s hope that this could be slipped in
as part of the major revision of the North Sphere Area .
Councilman Brush stated he felt the Commission would feel
that Council was giving some type of direction if it were
referred by them.
Councilman McPherson moved and Councilman Wilson seconded to
refer the matter to the Planning Commission for consideration of
alternative designations in the General Plan. Motion carried on a 372
vote , with Councilmen Newbrander and Brush voting NOE .
XIII . OLD BUSINESS
A. REQUEST FOR BUILDING PERMIT EXTENSION by Mr . and Mrs . Roger
'u er or a Commerctai Building to be Constructed at
73-115 E1 Paseo .
Mr. Bouman pointed out that the previously approved exten-
sion had actually gone beyond the 30 days because of the
rescheduled Council meeeting . He pointed out that there
were mixed emotions about the request ; however, he didn ' t
see any harm in granting another 30-day extension .
Councilman McPherson stated that he would not be in favor
of granting any further extensions , and Mr . Bouman stated
that the Fullers were aware of that .
Councilman Wilson moved and Councilman McPherson seconded to
approve the additional 30-day extension . Motion carried unanimously .
f XIV. ORAL COMMUNICATIONS
None
l
XVI . REPORTS AND REMARKS
A. CITY ?MANAGER
1 . REQUEST BY PALM DESERT JR. WOMEN ' S CLUB to Hang
Bob Hope Desert Classic Banners .
Councilman Brush moved and Councilman McPherson seconded to
approve the request to hang Classic Banners ; carried unanimously.
November 30 , 1978 Page 15
2 . RESOLUTION NO. 78-161 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT , CALIFORNIA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MAINIERO ,
SMITH AND ASSOCIATES FOR ENGINEERING AND DESIGN SERVICES
FOR THE RANCHO ROAD PROJECT.
Councilman Brush moved and Councilman Wilson seconded to waive
further reading and adopt Resolution No . 78-161 ; carried unanimously .
3 . RESOLUTION NO. 78-158 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA , AUTHORIZING THE
TRANSFER OF FUNDS TO PURCHASE LAND FOR PARK PURPOSES
AND AUTHORIZING RECORDING OF TITLE .
Mr. Bouman stated that Council had previously authorized
the negotiation of the purchase of this property. Now ,
however , with a 6 acre park ready for improvement in no
less than 5 years and other park sites in the City
ready for improvement , there was a question relative
to the purchase of this site .
Councilman Wilson stated that if the development market
was softening, the price of this land might go down.
Councilman McPherson stated that the City could always
sell the property if it decided not to move ahead with
the park improvements , and we still would not lose money .
Councilman Brush moved to explore the possibility of purchasing
the Lewis property as rapidly as possible . Motion died for lack of a
second.
Mr. Ortega pointed out that the owners would like to
develop the land if we don ' t want to purchase it .
However , the City has applied for an HCD Grant for
improvements to this park site .
Councilman Wilson said that he felt that the park
sites we had should be developed now; that the money
we have should be used for this development . I
Councilman McPherson moved and Mayor Mullins seconded to waive
further reading and adopt Resolution No. 78-158 . Motion carried on a
3-2 vote , with Councilmen Newbrander and Wilson voting NOE .
4. RESOLUTION NO. 78-159 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT , CALIFORNIA, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH
MASSEY SAND AND ROCK COMPANY FOR THE PURPOSE OF RECON-
STRUCTING THE MONTEREY AVENUE CROSSING OF THE WHITEWATER
RIVER STORM CHANNEL, CITY CONTRACT NO. 1018 .
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and adopt Resolution No . 78-159 ; carried unani-
mously.
5 . RESOLUTION NO. 78-160 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE
MAYOR AND CITY CLERK OF THE CITY OF PALM DESERT TO ENTER
INTO A CONTRACT WITH MASSEY SAND AND ROCK COMPANY FOR
THE PURPOSE OF STREET RESURFACING .
Councilman Wilson moved and Councilman Brush seconded to
waive further reading and adopt Resolution No. 78-160 ; carried unani-
mously.
B. CITY ATTORNEY
None
November 30 , 1978 Page 16 I
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
None
XVI . ADJOURNMENT
Councilman McPherson moved and Councilman Wilson seconded to
ajourn the meeting . Motion carried unanimously. Mayor Mullins adjourned
the meeting at 12 : 50 a.m.
EDWARD D. MULLINS , MAYOR
ATTEST:
SHEILA R. GILLIGAN , City Cler
City of Palm Desert , California
November 30 , 1978 Page 17
NOTICE OF DETERMINATION
(Negative Declaration)
TO: (xx) Office of the County Clerk From: City of Palm Desert
County of Riverside 45-295 Prickly Pear LP.
4050 Main Street Palm Desert, Ca. 92260
Riverside, Ca. 92501
( ) Secretary for Resources
1416 Ninth St. , Room 1311
Sacramento, Ca. 95814
SUBJECT: Filing of Notice of Determination in compliance with Section 15083(f)
v . of the State EIR Guidelines.
Project Title/Common Name
Annexation Area No. 8 (Northgate Country Club)
State Clearinghouse Number if submitted to State C earinghcuse
Contact Person Telephone Number
Paul A. Williams, Director Area Code (714) 346-0611
Dept. of Environmental Services
Project Location
South side of Country Club Drive, east of Cook Street.
Project Description Annexation of vacant unincorporated County territory to t
City of Palm Desert; which would facilitate development of a 1 ,120 unit golf
1pntial rnndnmi"- up roject , Q acre neig orhood shoppipq center, j
and 1 . 5 acre public use parcel .
This is to advise that the City of Palm Desert has made the following determinations
regarding the above described project:
I. The project has been approved by the City;
x 2. The project ( ) will ( x) will not have a significant effect on the environment;
I
3. An Environmental Impact Report was not prepared in connection with this project;
and
x 4. A Negative Declaration was prepared for this project pursuant to the provisions
of CEQA. A copy of the Negative Declaration may be examined at the above City
Hall address .
Date Received for Filing
Dated: 10,,. . (A-n
r �t --
�Jt:(Hor cgE)
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA9226O
TELEPHONE (714) 346-0611
*** DRAFT ***
NEGATIVE DECLARATION
(Pursuant to Title 14 ,
Div. 6, Article 7 ,
Sec . 15083, of the
California Administra-
tive Code)
Case No. : Annexation Area No. 8 (Common Project Northgate Country Club
Name, if any)
Applicant/Project Sponsor : City of Palm Desert, California, 45-275 Prickly
Pear Lane, Palm Desert, CA 92260
Project Description/Location : Annexation of vacant unincorporated County
territory to the City of Palm Desert; which would facilitate development of a
1 ,120 unit golf course residential condominium project, 9 acre neighborhood
shopping center, and 1 .5 acre public use parcel .
The Director of the Dept . of Environmental Services, City of Palm
Desert , California, has found that the described project will not have
a significant effect on the environment . A copy of the Initial Study
has been attached to document the reasons in support of this finding.
Mitigation measures, if any, included in the project to avoid poten-
tially significant effects, may also be found attached .
� ZD
aul A. s AIP /
Dir . of Environmental Services
CASE NO. Annex. #8
Environmental Assessment Form
TO THE APPLICANT:
Your cooperation in completing this form and supplying the information
requested will expedite City review of your application pursuant to
the California Environmental Quality Act. The City is required to
make an environmental assessment on all projects which it exercises
discretionary approval over. Applications submitted will not be
considered complete until all information necessary to make the
environmental assessment is complete.
Please submit this form with your completed application to the Information
and Permit Center (Building Division).
GENERAL INFORMATION:
1 . Name, address , and telephone number of owner, applicant or project
sponsor: City of Palm Desert. CA (714-346-n6li )
45-275 Prickly Pear Lane, Palm Desert, CA 92260
2. Name, address and telephone number of person to be contacted con-
cerning the project (such as architect, engineer, or other repre-
sentative): Dir. of Environmental Services,
Paul A. Williams
3. Common name of project (if any) : Annexation Area No. 8
(Northgate Country Club)
4. Project location (street address or general location) : On the south
side of Country Club Dr. , east of Cook Street.
5. Precise legal description of property (lot and tract number, or
meets & bounds) : A portion of the north ; of Section In Tnwnchin
5S Range 6E SBM.
6. Proposed use of the site (project for which the form is filed;
describe the total undertaking, not just the current application
approval being sought): Annexation of vacant unincorporated G uRty
territory to the City of Palm Desert; which would facilitate
development of a 1 ,120 unit golf course residential condominium
project, 9 acre neighborhood shopping center, and public use parcel
7. Relationship to a larger project or series of projects (describe
how this project relates to other activities, phases , and develop-
ments planned, or now underway) : Project relates to pre-annexation
zoning and Development Plan request (C/Z 12-78 and DP 16-78 City of Palm Desert).
8. List and describe any other related permits and other public approvals
required for this project, to go forward, including those required
by the City, Regional , State and Federal agencies (indicate sub-
sequent approval agency name, and type of approval required) :
LAFCO of Riverside County - Annexation
City of Palm Desert - Zoning & Development Approval
EXISTING CONDITIONS:
9. Project site area: Approx. 320 gross acres
Size of property in sq. ft. or acreage)
10. Present zoning: R-1-12,000 (Proposed zoning) : PR-4, S.P. (U.A. ); ➢C(2) SP(U.A.
Riverside Uty an
11 . General Plan land use designation:
12. Existing use of the project site: Vacant
13. Existing use on adjacent properties : (Example - North, Shopping Center;
South, Single Family Dwellings; East, Vacant, etc. ) .
North - Vacant: South - Vacant (Proposed res. development); East - Vacant;
West - Vacant
14. Site topography (describe) :
15. Are there any natural or manmade drainage channels through or
adjacent to the property? NO X YES
16. Grading (estimate number of cubic yards of dirt being moved) :
Projected grading to be balanced
17. List the number, size and type of trees being removed: none
18. Describe any cultural , historic, or scenic aspects of the project
site: No known recorded historic sites, present scenic value
as open, vacant, desert land.
19. Residential Project (if not residential do NOT answer)
A. Number and type of dwelling units (Specify no. of bedrooms) :
1 ,120 condominium units in 280 fourplex buildings
B. Schedule of unit sizes : Plan A to E (1275 sq. ft. to 1950
sq. ft. )
C. Number of stories 1 Height 13-18 feet.
D. Largest single building (sq. ft. )± 7,150 (hgt. ) 1 story
E. Type of household size expected (population projection for the
project) : 2 person per unit = 2.240 (Units expected in hp its r
partially as 2nd homes.
F. Describe the number and type of recreational facilities :
18 hole golf course, 15,000 sq. ft. clubhouse, 15 tennis
courts, and 27 swimming pools.
G. Is there any night lighting of the project: Potentially
parking areas, tennis courts, and ornamental
H. Range of sales prices or rents : $ to $ 100,000 plus
I . Percent of total project devoted to:
Building . . . . . . . . . . . . . . . . . . . 14.0 %
Paving, including streets. . . . . . . . . . . 13.44 %
Landscaping, Open, Recreation Area . . . . . . 72. 56 %
20. Commercial Industrial , Institutional or Other Project:
A. Type of use(s) and major function(s) (if offices, specify
type & number) : District shopping center: market. drug s nr _
financial institution, and general retail sales & service
establishments
B. Number of square feet in total building area: Max. possible
196,020 sq. ft.
C. Number of stories 1 Height ± 20-30 feet.
D. Largest single building (Sq. Ft. ) 40,000 (Hgt. ) 1 story
E. Number of square feet in outdoor storage area: None
F. Total number of required parking spaces max. 1095
rNlhl�SX)�i1�6diX�tl( '
G. Hours of operation: 8 am to 11 pm (typical hours)
H. Maximum number of clients, patrons, shoppers, etc. , at one time:
1 ,000 to 1 ,500 (more typically : 500)
I . Maximum number of employees at one time:
J. If patron seating is involved, state the number: Unknown
Depends if restaurant is provided
K. Is there any night lighting of the project: Yes X No
Parking lot, and security lighting
L. Percent of total project devoted to:
Building . . . . . . . . . . . . . . . . . 50 %
Paving, including streets. . . . . . . . 35 %
Landscaping and Open Space (Recreation). 15 %
20. Commercial , Industrial , Institutiona or Other Project:
A. Type of use(s) and major function(s) (if offices, specify
type & number): Public use (potentially fire station and
branch library)
B. Number of square feet in total building area: + 21 ,000 to
26,000 sq. ft.
C. Number of stories 1 Height + 20 feet.
D. Largest single building (Sq. Ft. ) ± 26,000 (Hgt. ) 1 story
E. Number of square feet in outdoor storage area: None
F. Total number of required parking spaces ,
number provided N/A
G. Hours of operation: 24 hour fire station - library 9 am to 6 pm
H. Maximum number of clients, patrons , shoppers, etc. , at one time:
+ 15
I. Maximum number of employees at one time: 4-6
J. If patron seating is involved, state the number: N/A
K. Is there any night lighting of the project: Yes XX No
Parking area & security lighting
L. Percent of total project devoted to:
Building . . . . . . . . . . . . . . . . . ± 40 %
Paving, including streets. . . . . . . . . ± 30 %
Landscaping and Open Space (Recreation). ± 30 %
Are the following items applicable to the project or its effects:
Discuss below all items checked yes (attach additional sheets as
necessary) .
YES NO
21 . Change in existing features of hillsides,
or substantial alteration of ground contours.
22. Change in the dust, ash, smoke, fumes or odors XX
in the project vicinity.
23. Subject to or resulting in soil errosion by wind
or flooding. XX
24. Change in ground water quality or quantity, or
alteration of existing drainage patterns. XX
25. Change in existing noise or vibration level in
the vicinity. Subject to roadway or airport
noise (has the required acoustical report been XX
submitted?)
26. Involves the use or disposal of potentially
hazardous materials, such as toxic substances , XX
flammables or explosives.
27. Involves the use of substantial amounts of
fuel or energy. XX
28. Changes the demand for municipal services
(police, fire, sewage, etc. ) XX
29. Changes the demand for utility services, beyond
those presently available or planned in the
near future. XX
30. Significantly affects any unique or natural
features, including mature trees. XX
31 . Change in scenic views or vistas from existing
residential areas or public land or public roads. XX
32. Results in the dislocation of people. XX
YES NO
33. Generates controversy based on aesthetics or
other features of the project. XX
[ XX] Additional explanation of "yes" answers attached.
CERTIFICATION: I hereby certify that the statements furnished above
and in the attached exhibits present the data and information required
for this initial evaluation, to the best of my ability, and that the
facts, statements and information presented are true and correct to the
best of my knowledge and belief.
PAUL A. WILLIAMS CITY OF PALM 0 SFRT
Name Print or Type For
Signature Date
INITIAL STUDY FEE : $30. 00
(Make check payable to the
City of Palm Desert and sub-
mit with this form. )
Environmental Assessment Form
Annexation Area No. 8
Explanation of "Yes" answers
24. The project will alter existing drainage patterns by redirecting
sheet flows, through development grading scheme. Golf course
fairways will be used to collect and hold project waters.
28. The project will pose an incremental increase in the demand for
municipal services (refer to municipal services plan)
33. The project generates controversy relative to the Sphere of In-
fluence boundary between the cities of Palm Desert and Indian
Wells.
a! r CASE NO. Annex. No. 8
*** DRAFT ***
MTROInTENTAL SERVICES DEPT.
INITIAL STUDY
ENVIRONMENTAL EVALUATION CHECKLIST
NOTE: The availability of data necessary to address the topics listed
below shall form the basis of a decision as to whether the
application is considered complete for purposes of environmental
assessment.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers, possible mitigation
measures and comments are provided on attached sheets) .
Yes Maybe No
1 . Earth. Will the proposal result in:
a. Unstable earth conditions or in changes in _ _ XX
geologic substructures?
b. Disruptions, displacements, compaction, or _ XX
overcovering of the soil?
c. Change in topography or ground surface relief
features? XX
d. The destruction, covering ., or modification
of any unique geologic or physical features? _ XX
* e. Any increase in wind or water erosion of
soils, either on or off the site? XX
* 2. Air. Will the proposal result in:
a. Air emissions or deterioration of ambient air
quality? _ _ XX
b. The creation of objectionable odors? XX
c. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? _ _ XX
* See Comment
z,
Yes Maybe No
3. Water. Will the proposal result in:
a. Changes in currents, or the course or
direction of water movements? _ _ XX
b. Changes in absorption rates, drainage
patterns, or the rate and amount of
surface water runoff? XX — _
c. Alterations to the course or flow of
flood waters? — XX
d. Alteration of the direction or rate of
flow of ground waters? _ _ XX
e. Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations? _ _ XX
f. Reduction in the amount of water other-
wise available for public water supplies? _ XX
* 4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or
numbers of any species of plants
(including trees, shrubs, grass , and
crops)? _ — XX
b. Reduction of the numbers of any unique, rare,
or endangered species of plants? — _ XX
c. Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species? _ XX
* 5. Animal Life. Will the proposal result in:
a. Changes in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, or
insects)? XX_ _ _
b. Reduction of the numbers of any unique,
rare, or endangered species of animals? XX
c. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? XX
d. Deterioration to existing wildlife
habitat? XX
3.
Yes Ma, be No
* 6. Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural
resources? XX
b. Depletion of any non-renewable natural
resource? XX
7. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? _ _ XX
b. Demand upon existing sources of energy, or re-
quire the development of new sources of XX
energy.
8. Risk of Upset. Does the proposal involve a
risk of an explosion or the release of
hazardous substances (including, but not limited
to, pesticides, oil , chemicals , or radiation) in XX
the event of an accident or upset conditions?
* 9. Economic Loss. Will the proposal result in:
a. A change in the value of property and
improvements endangered by flooding? _ _ XX
b. A change in the value of property and
improvements exposed to geologic hazards
beyond accepted community risk standards? XX
*10. Noise. Will the proposal increase existing
noise levels to the point at which accepted
community noise and vibration levels are
exceeded? _ _ XX
*11 . Land Use. Will the proposal result in the
a teration of the present developed or
planned land use of an area? _ _ XX
*12. Open Space. Will the proposal lead to a
decrease in the amount of designated open
space? — — XX
*13. Population. Will the proposal result in:
a. Alteration of the location, distribution,
density, or growth rate of the human
population of the City? _ _ XX
b. Change in the population distribution by
age, income, religion, racial , or ethnic
group, occupational class household type? XX
9 P+ P YP __ __
4.
Yes Maybe No
14. Employment. Will the proposal result in
additional new long-term jobs provided, or a
change in the number and per cent employed,
unemployed, and underemployed? XX
15. Housing. Will the proposal result in:
a. Change in number and per cent of housing
units by type (price or rent range,
zoning category, owner-occupied and rental ,
etc. ) relative to demand or to number of
families in various income classes in the City? XX
b. Impacts on existing housing or creation of a
demand for additional housing? XX
16. Transportation/Circulation. Will the proposal
result in:
a. Generation of additional vehicular movement? XX
b. Effects on existing parking facilities, or
demand for new parking? _ _ XX
c. Impact upon existing transportation systems? _ _ XX
d. Alterations to present patterns of circulation
or movement of people and/or goods? _ XX
e. Increase in traffic hazards to motor vehicles,
bicyclists, or pedestrians? _ _ XX
* 17. Public Services. Will the proposal have an effect
upon , or result in a need for, new or altered
governmental services in any of the following
areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including
roads?
f. Other governmental services?
• 5
Yes Maybe No
* 18. Public Fiscal Balance. Will the proposal
result in a net change in government fiscal
flow (revenues less operating expenditures
and annualized capital expenditures)?
* 19. Utilities. Will the proposal result in a
need for new systems, or alterations to the
following utilities:
a. Power or natural gas? — — XX
b. Communications system? — XX
c. Water? —
d. Sewer or septic tanks? — XX
e. Storm water drainage? — XX
f. Solid waste and disposal? XX
r - -
*20. Human Health. Will the proposal result in:
a. The creation of any health hazard or
potential health hazard? — XX
b. A change in the level of community health
care provided? — — XX
*21 . Social Services . Will the proposal result in
an increased demand for provision of general
social services? —
*22. Aesthetics. Will the proposal result in:
a. Obstruction of any scenic vista or view
open to the public? — — XX
b. The creation of an aesthetically offensive
site open to public view? — — XX
c. Lessening of the overall neighborhood
(or area) attractiveness, pleasantness,
and uniqueness? XX
023. Light and Glare. Will the proposal produce
new TiV or glare? _ XX
* 24. Archee2lo ical/Historical . Will the proposal
result in an alteration of a significant
archeological or historical site, structure,
object, or building? _ — XX
6.
Yes nLbe No
25. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment or to curtail
the diversity in the environment? _ — XX
b. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
while long-term impacts will endure well into
the future. ) - — XX
c. Does the project have impacts which are indi-
vidually limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where the impact on each resource
is relatively small , but where the effect of
the total of those impacts on the environment
is significant. ) _ — XX
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings , either directly or indirectly? _ — XX
Initial Study Prepared By: Murrel Crump, Principal Planner
City of Palm Desert, California
Annexation No. 8
Environmental Evaluation Checklist
Explanation of "Yes" and "Maybe" answers
and comments on evaluation subjects.
1 . EARTH
c. The proposal will result in a change in the natural topography by
virtue of grading activities associated with development.
* e. The proposal may result in temporary construction impacts related
to wind errosion of soils, but City requirements for watering
during grading activities should reduce any impact to an insignif-
icant level . Development of the site would tend to stabilize soils
to eliminate future wind errosion on blowing sand.
* 2. AIR
The proposal will involve the use of motor vehicles by project residents,
but the proposal will not, of itself, breach any State or Federal Air
Quality Standards, or significantly damage valley air quality.
* 3. WATER
The proposal will pose an incremental increase for domestic water supply,
but will not result in an over-draft condition.
b. The proposal will result in a change in absorption rates, drainage
patterns, and the rate and amount of surface water runoff by virtue
of development. Project waters are proposed to be contained within
the site by directing sheet flow to the fairways.
* 4. PLANT LIFE
The proposal will replace the existing natural vegetative cover with
ornamental landscaping and ground covers. No preceived adverse environ-
mental effect will occur.
* 5. ANIMAL LIFE
The proposal may involve maintaining domestic animals by project occupants.
Existing mammals and rodents and reptiles on the site will probably be
displaced. Landscaping on the site will probably provide a new habitat
for birds and insects.
b. & d. The proposal is within the habitat range of the Fringe-Toed
Lizard (a potentially threatened species). Over 200 sq. miles
of habitat range would continue to exist after implementation
of this proposal . The Palm Desert General Plan makes specific
provision for maintanance of a defined natural habitat area
(Sand Dunes Park) as a partial mitigation of the impact of
urbanized uses.
* 6. NATURAL RESOURCES
The proposal will use natural resources in the construction of the project,
some of which may not be renewable. The proposal will also involve the
continued use of petrolem products by project occupants. Provision of
commercial services within the project will reduce some travel fuel con-
sumption. The demands of this project are considered to be incremental
and are not considered to present a signficant adverse impact.
* 7. ENERGY
Energy efficient standards within the Palm Desert Building Code (adopted
version of the Uniform Bulding Code) will be applied to this project.
Motor fuel considerations are discussed in 6, above.
* 8. RISK OF UPSET
The proposal will not involve the use of hazardous substances.
* 9. ECONOMIC LOSS
a & b The proposal site is not endangered by flooding, but will be subject
to strong round motion in the event of an earthquake. Palm Desert
Building Codes provide for lateral seismic loading to mitigate
damage from ground motion.
* 10. NOISE
The proposal itself will not involve new adverse noise other than that assoc-
iated with urban uses. The residential development will be enclosed by a
solid masonry wall to act as a sound barrier to perimeter street noises.
* 11 . LAND USE
The proposal is consistent with the planned land use of the area.
12. OPEN SPACE
The proposal does not involve the use of a designated open space area.
Over 50% of the project site will be used for private open space.
13. POPULATION
a & b The proposal will result in approximately 2,240 more persons in the
immediate area (based on 2 persons per household). The population
increase is planned as a part of the Palm Desert General Plan, but
if rapidly implemented it could be considered a temporary increase
in the general area of human population density. The proposal will
probably be owner-occupied, upper middle to high income households.
14. EMPLOYMENT
The commercial portion of the proposal will result in a substantial number
of new long term jobs; the precise number is undetermined, but it would be
equivalent to other neighborhood shopping centers. Other employment op-
portunities may be provided on the public use parcel (firemen and librarians)
and at the golf course/tennis facilities.
15. HOUSING
The proposal will result in 1 ,120 condominium units in 280 fourplex buildings.
Units will probably be owner-occupied (partially on a seasonal basis), and
may serve as a second house, or short term rental in some instances. Units
would probably be offered at prevailing market rates for upper-high income
consumers.
16. TRANSPORTATION/CIRCULATION
a. The proposal will result in the generation of additional vehicular move-
ments as follows:
Residential Development_:
4,480 vehicle trips per day depending on seasonal occupancy fluctuations
and resident characteristics, plus non-resident recreation users. (factor
of 4 trips/du)
Commercial Development (Average) :
1 ,122 weekdays; and, 1 ,292 trips on Saturday (based on approx. 68,000
sq. ft. of leasable area) .
Public Use Area:
15-30 trips (not related to commercial site)
The proposal site is served by arterial and major highways (thoroughfares)
which are adequate in design capacity to handle the anticipated traffic
volumes.
17. PUBLIC SERVICE (See Public Services Plan)
18. PUBLIC FISCAL BALANCE (See Public Services Plan)
19. UTILITIES
The proposal site is within the planned service area of all utility companies
and will not require new systems to be established. The proposal will place
a minor incremental demand on the provision of public utilities.
20. HUMAN HEALTH
The proposal will not pose an specific health hazards or effect the level of
P P Y P P
community health care. Project occupants will become health care consumers,
but it is noted that the doctor to patient ratio within the area is more
than adequate to accommodate population increases.
21 . SOCIAL SERVICES
The proposal is not anticipated to place significant demands for social
services, based on projected occupant profile.
22. AESTHETICS
The proposal does not involve obstruction of scenic vistas, or creation of
an aesthetically offensive site; it will establish a neighborhood character
of its own whose attractiveness, pleasantness, and uniqueness will be the
subject of the City Design Review process.
23. LIGHT AND GLARE
The proposal will not involve the significant use of night lighting. Lighting
that is to be established for parking areas will be maintained at low levels
and other lighting for facilities such as tennis courts will be closely re-
viewed to minimize light "spillage" and glare.
24. ARCHEOLOGICAL/HISTORICAL
The proposal will not effect any known or recorded archeological or historic
resources.
25. MANDATORY FINDINGS OF SIGNIFICANCE
The proposal is not found to have the potential to degrade the quality of the
environment. The proposal will not impare archievement of long term environ-
mental goals. The proposal involves minor incremental impacts which are not
considered to be cumulatively considerable when viewed in the planned per-
psective of City development. The proposal does not pose any adverse
environmental impacts on human beings.
�HERN CALIFORNIA ASSOCIATION OF GOVERNMEi..-
600 South Commonwealth Avenue, Suite 1000, Los Angeles, California
February 7, 1979
The bi-weekly Clearinghouse Listing is distributed to inform your agency of all applications
for federal assistance from our region, in accordance with OMB Circular A-95. Also, the
listing includes state-sponsored plans and orojects, environmental documents, and local clans.
The listing is organized by counties. Projects in each county are grouped by type of review
(A-95's; Environmental Documents; State Plans; Local Plans; State-Funded Projects) and fund-
ing sources. Projects which nave :multi-county impacts that have been identified during the
initial processing of applications have been cross-referenced by county. State plans and other
multi-county plans, projects and proposals are grouped under the .Multi-County heading at the
beginning of the listing. Notices of ?reparation of Draft Environmental Documents are at the
end of the listing.
Should you wish to indicate the interest of your jurisdiction or comment on a proposed project's
relationship to comprehensive planning, areawide coordination or environmental impaCLS, please
contact Geraldine L. Lazarus. (213) 385-1000, Extension 378, prior to:
February 21, 1979
:^JLTI-COUNTY
California - Soonsored Project (program)
Department of Education SLAG File No. MC-9338-CAL
State Plan For Summer Food Service Program For Children,
Summer, 1979
The overall goal of the Child Nutrition Services Bureau is to provide technical
leadership to public and private institutions in their efforts to plan, imple-
ment, expand, and improve operational procedures related to federal and State
child nutrition programs. Activities will include outreach program to identify
needy children, inorovement of internal operation of the program, provision of tech-C 1
.nical training, development of specifications/quality control standards/me nu pl n�
ning for use by project sponsors. �E �� 1gl9
iM.PERIAL COUNTY 6 seRs
A-95l,ity of Housing
1(estmorla�nitY Development - MUD nd lM-95a6-HCO 6NG�NOEP` S��
Housing Rehabilitation Program for the City of 'Westmorland
S325.^nr) ;'otai cost) / S300,000 'arant request) / S25.000 (State)
Discretionary :DBG funds requested to rehabilitate 150 houses within the City
of Wes tmorland.
'ity of 3rawley IM-9562-HCO
Rehabilitation and Oevelopment Project.
Si.500,300 / S115001 000
Discretionary C08G funds requested to renabii+.ta ie al 'a'ble housing units +n
the designated renaci7itat4on area and to orovide streets, curbs, gutters. water
and sewer to an imooverisned area.
City of Calexico :N-9574-HC0
CJmprenensive ?Ian - Multi year
S2.1140,000 / 51.500,000
Oiscreti onary CDBG funds requested for neighborhood stabilization and revitali-
zation of Planning areas 1 , 2, 3, to consist of housing rehabilitation, iand
write-downs for idw and .moderate income families, economic aevelooment, stom
:min and removai of bar-iers `or 'he :nano:capped.
SOS -NGE_T' ''"U:v Tv
A-9S: :cmnun•-,y Action - ZSA
'asadena Conmunity Services onmissicii a-954i-.A
'asadena _ammunity Action ?-ogram
Sc42.S00 / r74,0(30
Tquest "jnainq ---r admin,strat'.en inc argvisian :f muit'o;e ioclai services `dr
ras:dent, ,I )asacena, jltaaena, and Serra '!acre. Services • •dude .ommu •C+
cutreacn and wild-care °Dr Hew-ircdme resioeizs and -,ransooration, medicai
inc iutr-tionai s2r,!c2s `.r senior t. -,zer.s.
February 21, 1979
Page 2
LOS ANGELES COUNTY (cont'd)
4.-n5: wanodrer Programs - ML
County of Los Angeles LA-9524-MP
CETA Title :V-8 YCCIP
$233,736 / 5233,736
Request for modification of funds to provide disadvantaged youth with employment
opportunities in supervised community projects.
County of Los Angeles LA-9525-MP
Cc-TA-Title ;v-A YETP
S1,662,889 / S1,662,889
Request for modification of funds to offer career information and guidance, work
experience, private involvement and job creation for economically disadvantaged
youth 16-19 years of age.
County of Los Angeles LA-9526-MP
CETA-Title [I-8 (Formerly Title i)
S4,361 ,596 1 S4,061,696
Request for modification of funds to provide training and employment related ser-
vice to economically disadvantaged residents.
A-95: Human Development - HEW
Los Angeles Voluntary Action Center LA-9528-HD
Foster Grandparent Program
Funding Information not available
Funds requested to provide volunteer opportunities for low-income persons, age 60
and above, to render supportive services in health, education and welfare and re-
lated settings to children with special needs. Small stipend allows senior citi-
zens the necessary income enabling them to volunteer.
Foundation for Early Childhood Education, Inc. LA-9544-HD
Head Start Program
S951,205 / SE51 ,32" ! S15:,565 (State)
Funds requested to provide comprehensive services to children age 3 - 4 and their
families, including education, medical and dental care, social service, nutrition
and parent involvement. The program will serve the cities of Los Angeles, Pomona,
and San Dimas.
A-95: Fducaticnal )rogr]m - 4E1..4
County of Los Angeles LA-9570-EP
Health professional -ducaL'On Assistance Act Program
3220,402 / i220,402
Funds requestea to Provide medicai education assistance in the `allowing arias: mo-
bile intensive care nurse trsining, and base noso'.tai pnysician training in emer-
gency, and medicine continuing education in the County if Las lnaeles.
A-95: 4eaith Staffing - HEa
Puolic tieaith =oundation .of _is Angeles County LA-9499-HS
prenatai Nutritional Support and Outreach Program
568,390 / S681890
: -nos requested for nutritional services for approximately 1 ,450 young 44soanic oreq-
oar.t women 33: of whicn are :nder '8 years or ige. Services sucr, as screening for
nut.-1'.1ondi r4sk, assessment, counseling, guidance and 'nonitor?no 'n Jrenatai and
early postpartum :er-ods will oe orovided in toe °' Honte -Iealth District c!inics
ana outreacn 'ocations. Results and evaivation or :rogrim w7'1, )e or" aed -ram le-
:a6ed records.
e_eni Av'.at.on :dmin,szrac3n, aestern 'legicn -.4-M6-OF
-araer - -pr-]..^.Ce °uritl:d� A.rbort
]CJa„vO ZZO -Co
^.ccsa ':r one re!zcltipn )f :ne )uter marCe- 'er• ina -snwdy 39R a: :he -or-arse
-unic:ca' ' rcort, -crrince. -:^.e ;uter •arrer '-Mi :r:v•aes ior-:ont]i :uioance
=3r :rosery aqui3oec a'.rtraft ising tne -or-arce munici:ai :irdort ana nDroves
sarety 9r :-e :acl c :oz- 'n !no :eyond !l ocrt )ouraar•es.
February 7, 1979
Page 3
LOS ANGELES COUNTY (cont'd)
A-95: Housina and Community Development - HUD
County of Los Angeles LA-9571-KO
:os Angeles County Housing and Community Development Block Grant Project for 1979-1980
S31 ,004,C•36 / 531Xns,C36
Funds requested for approximately 200 projects including rehabilitation, removal of
architectural barr!ers to the elderld and handicacped, park and recreation area improvements
and additions, street improvements, neighborhood development programs, water-main and storm
drain improvements, neighborhood multi-service centers serving the poor, the aged and the
young. the projects are located in unincorporated areas and 40 cities throughout Los Angeles
County where there are concentrations of low and moderate income people.
A-95: Aid to Highways - DOT
California Department of Transportation LA-4581-AH
Santa Ana Freeway 'Widening
S16,532,000 / S14,050,000
A negative declaration and grant application have been submitted for a proposed construction
project that would widen Route 5 from 6 to 8 lanes in the Cities of Downey and Commerce.
Project includes: construction of pedestrian overcrossings and railroad underpass, realignment
of ramps, construction of soundwalls, other necessary road improvements, landscaping, con-
struction of high occupancy vehicle ramp-bypass lanes and installation of ramp meters.
local Plans
Trustees of the California State University and Colleges LA-9465-LP
Adjustment to ,Master Plan 1979
Provides for implementation of the academic master plan for 25,000 full time enrolled
students at California State University, Los Angeles. it includes revision of: boundaries, re-
location of peripheral road, sites for Corporation Yard and Outdoor Physical Education
Facility and parking facilities.
City of Inglewood LA-9580-LP
)raft Land Jse Element
Element addresses key issues involving use of land in the City of inglewood. It provides
a land use framework through 1990, and analyzes population, existing and future land use
reauirements and proposes implementation technipues.
State 3ona Ac-
City of Angeles LA-9545-8
Sepulveda Basin - Sports Field Development
S600,000 / S300,000
Funds requested for the deveiopment of sports field recreatiOnai facilities, field iianting,
grading, an irrigation system, turf, landscaping, an access road, parting lot, picnic
facilities and sanitary facilities. S300,000 in federal funds will also be utilized for this
orojec-.
California - Soor,scred P'ojects
City of Los Angeles LA-95a0-CAL
Branford Parr !mDravemerts
,250,300 / i '.37.?OO (5'ate
Funds requested :o provide improvements at the Branford 2ecreat-..on Center_ the improvements
nil! include installation of tennis court3, snorts `field improvements. lighting, additional
parking facilities and related iandscaoing improvements.
?asadena Community 5er-rices Slmeission LA-9517-'AL
a"%'ect :i ERBY ,
,-',3nn ;state)
ones -eouested to 3rov-ce educ3cional assestance .o home owners and -enter, :n Disade.n.a,
Altadena ant ii_. . "adre. :uc'ec- areas :_c''Jae plror some .-evair5 and renatrlitaztom to
". 'g:ldxe -esls:ance, . ..e safety. struc:irill iecay ono 3nerly conservaton.
i
w
February 7. 1979
Page 4
LOS A,NOELES COUNTY (cont'd)
A-95: Housing - 'VA
City of LA Verne LA-9519-H
Emerald Estates
North of 3aseline between Fruit Street and Japonica
57 nomes on approximately 20 acres, with 57 adjacent acres under sponsor's rontroi
S90.000 - S120,000
Trac: 34866
VA i462
City of La 'Verne LA-9520-si
Emerald Estates
Korth of 3aseitne and east of Emerald 'dash
49 homes on approximately 20 acres, with 57 adjacent acres Under sponsor's control
S90,000 - S120,000
Tract 33217
VA 1461
A-9S: Housinc - FHA
City of Lancaster LA-9543-H
Marlborough Country
Avenue J-8 and Fifth Street East
45 units on approximately 45 lots
Section 203
555.000 - 569.000
Tract 30785
City of La Verne LA-3509-H
La Verne College Mousing
31d Street and ?nd Street (north side of campus)
8 separate 3 stories buildings each one caving 4 bedrooms, common living room and kitchen
per 'lour
Sea'on 721(a)(3)
Sl,OO6.a00
County of Los Angeles LA-gS73-9
Lam dent public Housing
Proposed codtruction of 903 low-rent Housing units 'or the elderly located in unincorporated
areas of Los Angeles County.
Environmenta; )oc:ments
C:ty of Los Angeles LA-9515-E0
Adams vormana ie 4321 3edevelow.ent srcjK-
A draft E3q has been submitted 'or the renabili cation of existing deteriorated aructures;
expansion of housing supply for';ow and moderate income and elderly; orovis!on of new
colmlercial ^.onstrlc:;on and expansion of •Kreltlon fac!llttes. -he reaevelcoment would
occur in 100 gross acres bounded by Santa Monica Frteway to the north. Hiropr Freeway to :he
Last. Adams Boulevard to the South and xestern Avenue an :he west.
Clay of El Segundo .A-9576-E)
Conemimm 3-oject - 3ackingnaw :nvesaents
A negative aec idfation Ina 'ni::di sbbay are )va;�atie `or lrcoosed _Iistructicr oIf In
eighteen ❑nit cCndoeinlu4 deveiooniant to be situated it tit sites of 315, 317, 317y, 519.
8194 and 321 .Main Street
:Sty pf .os Angeies -A-9577-EO
Constrlc:ion of Seer 3ar;Cafe
A negative declaration has oeen SUpm7Lte3 py the aroor )eparionent for the pnoosed con-
struction of 1 single story :5.120 sq. ft.) Seer Sari Afe and as;ociAted asonait oarking
(29.,X10 So. ' .; and Arivewdys to oe notated '^ :he Southeastern corner of -armina; day alp
3arrauaa Streeton re^iinal Island.
.Ity of '.os Anceles A-4582-;-
San guys 1lroorV (Ing :ero )evelopment Toles:
raft Sid -as )een SUomit:eo 'or )r000sed :onstrwct;on of I nry aeronautical ''zed lase
'acuity ;n i acres of And located In the southeast Audarant If -.he i,r7ort. -he 'and 'S
:resent:, Ian':H )y a iursery 'or the lr;wcvs:orage If trees Ina snrms Ina •no!esale
fort )f -Ing 3eacn
:ement -amina; :cnscr•_c:'on - ;raft C'2
S sr3-t ::3 as )een su On'ttC. 'or -.ne '1c,"c ::as: :e^Rnt :orporit:on .nice 's )raoos:nc
:cps^:c_:on n: I :enaent -t evv!nq, spray_ ang ,rsns'tr terminal to )e 'ocatta on 1<tr )
is:ace't :0 3er^S 12 Ina _3. :a^-dcI-.V I .ne 1da"ltnd s .ocrlxlnatec ',r 13ns
24. try :=en: :ee ,oar.
February 7, 1979
Page 5
LOS ANGELES COUNTY (cont'd)
Environmental Documents
A-95: Aid ;o Airports - FAA/DOT
City of Los Angeles, Department of Airports LA.9514-ED
TWA - Building Expansion
A negative declaration has been submitted for TWA's proposed construction of a two story
building, occupying approximately 2,400 square feet. The wadi Can will be located at the
west end of the ticketing building (Terminal 3) and will be utilized for baggage handling
and passanger services.
City of Las Angeles. Department of Ai roorts LA.9583-ED
Rental far Relocation and tat G Expansion
A draft ESR has been wbmitted for a oroposed Project to develop 163 acres for airport
Parking and car rental uses. The Project will be iodated ;n east westahester. The area
is bounded by will Rogers Street to the north, Sepulveda Boulevard :o the west, Airport
Boulevard to the east, Ind 96th Street to the south.
Port of Long Beach - - - -- LA-9585-ED
Berth 83 Expansion - Draft EiP
A draft EIR has been submittea for the Long Beach Termsnal Company )nice is on-
losing to construct six additional petroleum storage tanks, pipelines and handling fact-
lities it 3erth 33. Capacity for throughput would increase from 1.320,000 barrels of
gasoline to 12,120.000 barrels of mixed product (gasoline, fuel oil and diesel fuel).
Its storage capacity would increase from 200,000 barrels to 510,000 barrels.
ORANGE COUNTY
A-95: Abusing and Community Oevelooment - HUD
City of Fountain Valley OR-9521-HCO
`Musing and Cmmsan fty Deveiom ent Block Grant
$347,00-3 / $347.000
Reouest funding for Community Oeveloom'ent Block "grant program - Fifth Year oroject.
includes construction of new streets, water and sewer connections, new rousing and
rehabilitation assistance, and a senior citizens center design study.
City of Fuilerton OR-9563-ACO
Fifty Year Housing and Community Oevelooment Slack Grant program
Sl.oll.000 ! S1,01;•000
gunds reauestea t0 Continue housing Preservation and rehabilitation of 30 honeil in the
City of Fullerton.
City of Anaheim OR-9542-H[0
Comaminity 3eveloom¢nt Black $rant Prograir - Three Yefr Plan Ind Fifth Year Acalitation
i3,312.000 / 52.;61 ,000 / S366,000 (State)
Funds recuested to bresewe and enhance neighborn.0ods by r•:natiiitdtion of housina.
Construction of Affordable housing, upgrading public !Mrovementn and construction 0.1
neighborhood fac:ities.
Orange Canty 311-95i2- "CO
.Housing and Community Oevelooment
SA,749.000 / S4,;a9,000
A Compremensive Urban County Community Block Oeve:ooment Grant ioolicdtion has been sup-
ait;ed t0 Provide for both •-esicen Liii and ,nn--efident,a! gmLnl cy improvements. ?ro3eCts
'%;,Jce: icduisitl0n of real orooerit , -ecreationdi `aci lit iez. ,e•gnoor'nood `act: ties.
street lrnlrbke^en;S. IDtt-jrdf f'C' 'lb ral Ord3eC, hgasing nab ii;ati on. Code en;orce-
tien:, Ind comTe•Ciai/industrial "cilities Projects.
s-95: 31cer Amerlc9ns Act - HE'w
lenaoilitation Institute of Orenge County CR-9939-4G
$enlc rs Behdbli:canon-Resac:aiizatian
529.070 i S28,070
Funds reauested `or the exoariS!On of In Adult •Bay Care facili=/. the exoansicn wi;l
'.mcrease the ,umber of nanw c3ooea senior t. dens le-ved. ,ours of ooe-at•on• stdfv ena
sc Poe if ser-cces. -he iMaram w,;l nO ude.ada:t!onal staff traininc is Senior .cen
g-icrams 'o 'nc-eise O000r,ynit:es for ',andica0bed Senior c—. :ens.
I%s:ng - /A
ty if ;dr,en. :rove
ve r nett-L'.nd5oro
besot:ns:r --enue •est -f 'iacno:-a itroet
3g n:ts in eo Prox:mate'! 2 e-res
. i;S_Cr
r SC. :Sc
i )f lame^ irc•ie
. e :arbCn _'r.-.ve oyaV. IeI. ".Cxev :♦ .-.
:n--s in !ocrtxirata.. - .--,.
r ,w
February 7, 1979
Page 6
ORANGE COUNTY (cont'd)
Environmental Documents
City of Costa Mesa OR-9516-ED
General Plan - Environmental Resources/Management Element
The element discusses the fallowing topics: climate, air quality, hydrology, biological
resources, open space, geology, historical resources and noise. This eiement, which also
includes an environmental impact report, is the .first of three: the Cormunity Development/
Management Element and Land Jse Element will be presented at a later date.
County of Orange OR-9588-ED
Pr000sed Final EIR 132 for Housing Element Amendment 7/9-1A ,final EIR was teen submitted for the proposed revision to the Housing Element of the
General Plan. EIR addresses the long-term cumalative effects of the revised Housing Element.
.-RRIVERSIDE COUNTY
A-95: :rime Prevent'.on - LEAA/OCJP
County of Riverside RI-9510-CJ
Female •3eter.tion ;;enter Renovation
S607,784 1 S557,136
Funds requested to remodel Riverside Female Jail housing, program and support space
involving 7,738 square feet.
A-95: Health Staffing - HEW
Hemet valley Hospital District RI-9508-HS
Community Mental Health Center
S1,767,125 / S454,404 / S607,198 (State)
Funds requested for a comprehensive Mental wealth Unit offering a Complete range of
available and accessable psychiatric seriices to the mentally disordered in sufficient
quantity to meet the needs of persons in Catchment area /140, Riverside County.
A-95: Housing - VA
County of Riverside, Sunnymead area RI-9531-H
La Cuesta
initial 50 homes with 148 lots on approximately 38 acres
$55,000 - S65,000
TRACT 11313
7A 1a57
County of Riverside, Sunnymead area RI-9532-A
iew Cal'fornia
cast of Perris 3oulevard, 3etween Alesandro Boulevard and Say Avenue
Initial 50 homes with 125 lots an approximately 30 acres
S15,000 - S52,000
7RAC7 ''0056
VA 1458
.ounty of Riverside, Palm Desert R[-9534-i
Del Montanas
South of :ountry C:uo 3rive, East of Cook Street
Initial 37 names with :81 lots on aporoximately 30 acres
540,000 • SA61.00
TRACT 13407
iA 1160
,aunty of Riverside, Sunnymead area RI-9554-4
Ricnard . 3wen anc Rocert f irant
'nit'al :0 tmes +i iJ2 lots On aoproximaceiy 163 acres kith 10 adjacent acres ,nde-
sconsor'; :Ontrii
SZ--"AO - 366,.00
-RAC- 3E76
IA '464
:dunt'� ?'versic- . 3unnyr:eaq area R:-9553
-'tar.cc -r^es
-E nom:es ''o-s. ]n _0 is-es ace-ox•. ate;v 20 adjacent acres order
;conser ; :on:ro'
'CC 365.3C0
February 7, 1979
Page 7
RIVERSIDE COUNTY
A-95: Housing - HUD (Cont'd.)
City of Indio RI-9559-H
Desert Pride Homes
40 nome5 on approximately 9 acres
S50,000 - S60,000
TRACT 13388
ASP 1404
County of Riverside, Sunnymead area RI-9561-H
fie New California
South west corner - JFK Drive and Indian Avenue
Initial 55 homes with 271 lots on approximately 78 acres
S45,000 - $55,000
TRACT 12497
ASP 1401
County of Riverside. Sunnymead area Ri-9568-H
Tierra Verde Homes
37 homes on approximately 9 acres with 50 adjacent acres under sponsor's control
SS3,000 - S66,000
TRACT 8877-2
ENVIRONMENTAL DOCUMENTS
City of Palm Desert RI-9422-ED
Northgate Country Club
Negative Declaration has been submitted for the annexation of vacant unincorporated
County territory to the City of Palm Desert. This would facilitate development of
a 1.120 unit golf course residential condominium project, 9 acre neighborhood shopping
center, and 1.5 acre public use parcel.
Riverside County RI-9555-ED
Fred Cunningham Mobile Hone Subdivision
A draft EiR has been submitted for a zone change of 76 acres in the communities of
San Jacinto and Hemet. The presently irrigated crop land designated single-family re-
sidentiai would be redesignated .`or Mobile Home Subdivisipns. The site is bounded by
Mountain Avenue to the west, 'Washington Avenue to the south, the proposed Ramona ex-
oressway to the east and Commonwealth Avenue as the approximate northern boundary.
February 7, 1979
Paoe 8
SAN BERNAR000 COUNTY
.A-95: tar-hers' Home Loan - DOA
City of Loma Linda SB-9549-SP
Loma Linda Civic Center
S1, 700,00 / S1 ,517,500 / 5182,500 (State)
Funds requested for the construction of the Loma Linda Civic Center in San Bernardino
County.
A-95: Older American Act - HEW
County of San Bernardino 5B-9527-AG
Nutrition Program under the Area Agency an Aging(Office on Aging)
S 454,691 / S329,103
The Steelworkers Oldtimers Foundation 1s applying to the San Bernardino County Office
on Aging to be the Grantor for the Nutrition Program.
Bear Valley Home Health Agency Inc. SB-9517-HS
Home Health Oevelopment Services
S1001000 / S100,J00
Funds requested to meet the initial costs of establishing and operating a Hone Health
Agency and to meet the costs of compensating professional personnel during the initial
operation. The agency will serve Big Bear Lake, 819 gear City, Running Springs, Fawn-
skin, Hoonridge and Sugarloaf areas.
A-95: Community Action - CSA
County of San Bernardino S8-9550-CA
Community Services Administration 1978-79 Refunding Plan
S-1,000,OM / S800,000
Funds requested to continue and expand county-wide anti-poverty programs, including
10 Neighborhood Development Delegate agency Programs, two Native American Delegate
Programs, and in-house projects including : Social Planning Oivision, Energy Con-
servation and Weathen nation, and Nutrition.
A-95: Business and Industrial Loan Program - FMA/WA li
Peter Mussie dba Triangle Aquatic Foods Sa-9485-Sp
FPsh Farm-Loan
S600,000 / $600,000
RFHA loan requested for :he construction of fish ponds, the Purchase of equipment to
Operate the fish fan, inventory of brooder fish and chemicals, and working capital
for the proposed business in Newoerry Springs. County of San Bernardino.
A-95' HOusinq - 'lA
City of Rialto SB-9552-H
Sunset Meadows
Cedar Avenue and Foothill Boulevard
37 names on approximately 10 acres with 25 adjacent acres under sponsor's control
SSa._OO - S621J00
"RAC' 9251
1A :a63
County of San Bernardino Sa-9533-H
She Hew California
East of Church Avenue, ±asterly terminus of Cyoress Street
Initial 48 h0.meS with 141 Tots on approximately 35 acres
S45,000 - S52,000
-RAC7 9915
1A 'a59
February 7, 1979
Page 9
SAN 8ERNARDINO COUNTY (con't)
A-95: Housing - VA
City of Fontana 5B-9572-H
Fontana Woods
North side of Miller Street between Alder 6 Tamarind
37 homes on approximately 10 acres
S55,000 - S65,000
TRACT 10206
VA 1469
A-95: Housing - FHA
City of Fontana SB-9522-H
Covington 3rothers
41 hones on approximately 10 acres
Section 203 (b)
S39,000 - S46,000
TRACT 10385
ASP 1368
City of Rialto 58-9523-H
Marlborough Country
86 homes on approximately 20 acres
Section 203 (b)
S59,000 - S69,000
TRACT 10372
ASP 1360
City of Fontana SB-9535-H
New California
41 homes on approximately 10 acres
Section. 203 (b)
S39,000 - S46,000
TRACT 10382
ASP 1367
City of Ontario SB-9564-H
Windward Homes
659 feet south of 'Walnut on Walker
initial 30 homes with 86 lots on approximately 20 acres
S78,000 - S88,000
RACT 10611
ASP 1400
City of Ontario 5B-9565-H
Orangewcod-Ontario
Wainut Avenue east of Parco Avenue
Initial 40 homes with 31 lots on avoroximately 20 acres with 38 adjaca^i 'cts under
sponsor's control
375,000 - S1.00,000
.'RAC- 10314
ASP 1397
County of San 3ernardino ;Big Sear C'ty) 53-9566-H
White ,Mountain Development Coro-
Highway 38, 319 Sear City
11 .iomes on ioproximately 10 acres
550,C00 - :60,000
PAC- 10233
S7 1399
County of San 3ernar--Ino, Si mirage Brea 53-?567-H
.mirage ••-ale 3ancnos
-1 mirage. 10 miles west of .Adelanto
a4 iomes on aooroximateiy !a0 acres wish !03 adjacent acres under sponsor' s control
i551100 - i5O.J00
i7AC- 1908
IS? ;396
February 7, 1979
Page 10
SAN 8VNARDINO COUNTY (con't)
A-95: Housing - FmHA
S & J Management, Inc S8-9529-d
Construction of New Housing
Funding amount undetermined
Funds requested to develop 56 rental units under the Farmers Home dministration's rural
rental loan and assistance program in the Twentynine Palms area of the County.
California - Sponsored Projects
Forest Service SB-9497-CAL
Land Donation - State of California DWR
The Forest Service proposes to accept 537.20 acres of land from the Department of
water Resources as partial wildlife mitigation for :he California dater Project.
The land is located in the San 3ernardino National Forest, in San 3ernardino County.
City of Fontana SB-9530-CAL
Miller Park Recreation Hall Rehabilitation Project
S75,000 / S56,250 (State)
Funds requested for the rehabilitation of Miller Park Recreation Hall. The Hall
provides the entrance to the municipal swimming pool , the men's and women's shower-
rooms and restrooms and a recreation roan. Rehabilitation will involve roof repair,
re-wiring, insulation, central heating and air conditioning.
City of Rialto SB-9496-:D
Rialto Municipal airport, Master Plan Preiiminary Draft
The City of Rialto has submitted the Rialto Municipal Airport Master Plan Preliminary
Or3ft for review and comment by February 16, 1979. Sdee of the consultant recommended
improvements for Stage 1 (1980-85) are:
acquisition of 80 acres land; extension of runway 6-24 to 5,000' total and
extend parallel taxiway and widen to 40' ; construction of new g/W 16-34
(G.U. Crosswind) and abandon existing R/W 16-34; construction of T-hangars
(80 spaces total privately funded); and paving of 200,000 so. ft. of apron
area.
Recommended improvements for Stage II (1985-90) are: acquisition of 300 acres of
land; construction of paralles G.U. R/W 5000' x 75' and designate SL-24R.
and 40' wide parallel taxiway; construction df 7-hangars (20 spaces privately
funded); pavement of vehicle parking spaces for T-hanears 9 F30's, and
development pf FBO facilities in north terminal area.
Further develooment Is recommended for Sterne iti (1990-2000)
Fends Nil! oe requested 'or nary of the orojects from the FAA. -otal ext'mates are:
for Stage 1, $1,988.:00; for Stage S3,134,200 and for Stage :il, 52,139,300.
City of gialta S8-9541-ED
wu;ti-Puroosa Center
Ehv,rcimental inforttvation oata nas peen suomittea for the Rialto f&ulti-Service
_enter. The project is for the renovation If 3 Senior Citizen area and tne construc-
of a aulti-service wilding on the park site.
Southern California Edison Company Sa-9556-_D
1isi:prs' Center
4 negative .declaration has teen prepared for constriction and operation of 3 visitor's
facility for the Daggett Solar Power Pilot Plant located on the National Trails digh-
way :n :aaget:.
li.nne;' Mining S Mineral. :Jroorat'on S8-4E57-7D
P^000srd M'.ning
> -er-a:;ve :ec.arat�on nas .een oreoared 'or a protect designatea `or the C;arx
Mountain area !nvoiving sur'ace -naooinc, trencning and dr•ll ,ng iobroximatei,y 30 :ore
icies, 'OG-125 'eet deeo.
try
NOTICE OF EXEMPTION/LEAD AGENCY SITUATION
PROJECT TITLE: LAFCO 79-1-4
PROJECT DESCRIPTION: Annexation of 320 acres Environmental
to the City of Palm Desert Assessment No. 10428
PROJECT LOCATION: City of Palm Desert APPROVING AGENCY:
County of Riverside
Administrative Center
4080 Lemon Street
PROJECT SPONSOR: CITY OF PALM DESERT Riverside, California 92501
P 0 BOX 1977
CITY OF PALM DESERT, CA 92260 ❑Board of Supervisors
❑Planning Commission
❑East Area Planning Council
The Planning Department has reviewed the above referenced project and found that:
The project is exempt from the provisions of CEQA
The project is exempt from CEQA as it has previously complied with the provisions
of CEQA, and there has been no substantial change in either the project as originally
reviewed or the circumstances under which the project is to be undertaken.
a. Negative Declaration was filed in connection with ,
EA No. , on
b. An Environmental Impact Report was filed in connection with
EA No. , on EIR No. ,
considered by the Board of Supervisors on
fl A "Lead Agency" situation exists in that the County officer or body involved in
approving or supporting the project is not the lead agency and that the lead
agency has complied with CEQA and all appropriate State Guidelines.
Section 4.03 (b) (2) of LAFCO Rules to Implement CEQA.
Patricia Nemeth,A.I.P.
��/J Planning Director
By: Joseph A. Richards f7(�o-
Title: Senior Planner
white - Applicant
Canary - Case File
Pink - Clerk of Board
Goldenrod - EA File
PG 77-22
Goldenrod
JLW/pup
County Use Only
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 99260
TELEPHONE (714) 346-0611
NOTICE OF PREPARATION
OF A
"DRAFT" NEGATIVE DECLARATION
The Director of Environmental Services has determined that the following
listed projects will not have a significant adverse impact on the environ-
ment and that a Negative Declaration should be adopted:
CASE NOS. C/Z 17-78 & DP 21-78
Request for Change of Zone from R-1 , 9,000 to PR-4 and
approval of a Development Plan consisting of 20 duplexes
(40 dwelling units) on approximately 8 acres generally
located near 44th Avenue and Deep Canyon Road.
----------------------
CASE NO. C/Z 14-78
Request for a Change of Zone from PR-4 to R 2-8,000
for approximately 80 acres at the southeast corner of
Portola Avenue and Country Club Drive.
-----------------------
CASE NO. TT 14032
Request for approval of a Tentative Tract Map to allow
238 detached residences and a park site on approximately
80 acres at the southeast corner of Portola Avenue and
Country Club Drive.
-----------------------
CASE NO. CUP 16-78
Request for approval of a Conditional Use Permit to
operate a restaurant in the E1 Paseo Village project on
E1 Paseo, between Sunlodge Lane and Lupine Lane, within
the C-1 , S.P. zone.
-----------------------
ANNEXATION NO. 8
Annexation of approximately 320 acres at the southeast
corner of Cook Street and Country Club Drive.
"DRAFT" NEGATIVE DECLARATIONS (Cont. ) Page Two
CASE NO. CUP 17-78
Request for a Conditional Use Permit to allow con-
struction of a fire station on approximately 1 .10
acres located near the corner of Silver Spur Trail
and proposed intersection of Mesa View Drive.
----------------------
An appeal from this determination may be made to the Planning Commission within
eight (8) days of the date of posting of this public notice by filing an appeal
in accordance with Resolution No. 78-32, with the Dept. of Environmental Ser-
vices located at 45-275 Prickly Pear Lane, Palm Desert, California. If no appeal
is filed within the said time, this determination shall become final .
PAUL A. WILLIAMS, AIP
Dir. of Environmental Services
Date of Public Notice
Date Appeal Period Expires
METHOD OF NOTICING:
Posting
Mailing to owners of property within 300'
Publication in newspaper
li / Other mailing (agencies and other persons requesting notice)
ad
CIRCULATION LIST FOR ALL CASES
P�
Circulation of Tentative Maps, Parcel Maps, CUP'S, GPA's, etc:
/REVIEW COMMITTEE:
J 1. Palm Desert Director of Environmental Services - Paul Williams
2. Palm Desert Director of Building & Safety - Jim Hill
J3. Palm Desert Director of Public Works - L. Clyde Beebe
J. Palm Desert Fire Marshall - Dave Ortegel
5. Robert P. Brock
J Office of Road Commissioner and County Surveyor
Administration Office Building, Room 313
46-209 Oasis Street
Indio, California 92201 (Phone: 347-8511, ext 267)
Y6. M6, M A. Ferguson
Imperial Irrigation Dist. Power Div.
P. 0. Box 248
Coachella, CA 92236 398-2211
7. Lowell 0. Weeks
General Manager - Chief Engineer
J Coachella Valley County Water District (C.V.C.W.D. )
P. 0. Box 1058
Coachella, California 92236 (Phone: (714) 398-2651)
8. R. J. Lowry
Project Development Services
California Uepartment of Transportation
P. 0. Box 231
San Bernardino, California 92403 (Phone: (714) 383-4671 )
9. -
Director of Planning and Building
J City of Indian Wells
45-300 Club Drive
Indian Wells, California 92260 (Phone: 345-2831)
10.
Director of Planning
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, California 92270 (Phone: 328-8871)
11. Kermit Martin
Southern California Edison Company
P. 0. Box 203
Palm Desert, California 92260 (Phone: 346-8660)
12. Chuck Morris
General Telephone Company
62-147 Desertaire Road
Joshua Tree, California 92252 (Phone: 366-8389)
13. R. W. Riddell
/Engineering Department
..// Southern California Gas Company
P. 0. Box 2200
Riverside, California 92506 (Phone: 327-8531, ask for Riverside
extension 214)
/�1�. yB M D of doPrku tso RS
Circulation List for All Cases
Page Two
14. Roger Harlow
Director - Pupil Personnel Service
Desert Sands Unified School District
83-049 Avenue 46
Indio, California 92201 (Phone: 347-4071)
15. Jim Langdon
Palm Desert Disposal Services, Inc.
36-711 Cathedral Canyon Drive
P. 0. Drawer LL
Cathedral City, California 92234 (Phone: 328-2585 or 328-4687)
16. Stanley Sayles
President, Palm Desert Community Services District
44-500 Portola Avenue
Palm Desert, California 92260 (Phone: 346-6338)
17.
Regional Water Quality Control Board
73-271 Highway 111 , Suite 21
Palm Desert, Ca. 92260
(Phone: )
18. Harold Horsley
Foreman/Mails
U. S. Post Office
Palm Desert, California 92260 (Phone: 346-3864)
19. Joe Benes
Vice President & General Manager
Coachella Valley Television
P. 0. Box 368
Palm Desert, California 92260 (Phone: 346-8157)
20. Don McNeely
President - Palm Desert Chamber of Commerce
P. 0. Box 908
Palm Desert, California 92260 (Phone: 346-6111)
21. Kevin Manning
Senior Planner
J Riverside County Planning Commission
County Administration Building, Room 304
46-209 Oasis Street
Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279)
22. James Whitehead
Superintendent - District 6
State Parks and Recreation
1350 Front Street, Room 6054
San Diego, California 92101 (Phone: (714) 236-7411)
23. Les Pricer
Redevelopment Agency
73-677 Highway 111
Palm Desert, Ca. 92260 (Phone: 346-6920
24. Robert I . Pitchford, Chairman
Architectural Committee of the
Palm Desert Property Owners Assoc.
73-833 E1 Paseo
Palm Desert, Ca. 92260
SIEGEL
BUILDERS • DEVELOPERS
ENTERPRISES
P. O. BOX 1746, ENCINO, CALIF. 91316 • 783-1590
September 25 , 1978
To : Honorable City Council
Palm Desert, California
PETITION OF ANNEXATION
Pursuant to the Municipal Organization Act of 1977, the
undersigned do hereby petition the City Council of the City of
Palm Desert, California, for annexation of the hereinafter
described property to the City of Palm Desert and, in furtherance
thereof, do hereby state the following:
1 . The legal description of the property is :
The north one-half of Section 10, Township 5 South, Range 6 East,
San Bernardino Base and Meridian;
Excepting therefrom the northerly 44 feet thereof, included in
County Road ;
Also excepting therefrom the westerly rectangular 44 feet thereof,
excepting therefrom the northerly 44 feet thereof, included in
County Road.
2 . The number of inhabitants of the subject property is :
NONE .
3 . The owners of the subject property are the following:
Irwin Siegel and Lillyan S. Siegel , husband and wife,
Terri Ann Siegel , a single woman.
Richard J . Siegel , a single man.
Business address for all of the above owners is: RE C E t E
ID
17000 Ventura Blvd. Suite 203 OCT ? i'c
P. O. BOX 1 746 ENVIRONMENTAL SERVICES
Encino, California 91316 CITY OF PALL1 DESERT
Page 1
Siegel , 9/25/78
This "Petition of Annexation" is submitted contingent upon
agreement by and between the City Council and the Owners on the
following conditions :
A. That the annexation and zoning procedures, and development
plan/ tract map procedures be initiated concurrently.
B. That the entire property, except the northwesterly nine (9)
acres (see map submitted herewith) , be designated for Residential
Use, Medium Density, six (6) Dwelling Units per acre on an overall
average basis .
C. That the northwesterly nine (9) acres of the property
be designated for Neighborhood Commercial zoning, as shown on
the accompanying map.
Signed this 25th day of September 1978 by:
I
IRWIN SIEGEL
\�LILLYAN S. SIEGEL �
TERRI ANN SIEGEL
RICHARD J. SIEGEL
RECEIVED
OCT 2 i9 q
ENVIRONMtNfAL SERVICES
CITY OF PALM DESERT.
Page 2.
1�
CHA. SIEGEL V
BUILDERS • DEVELOPERS
c ENTERPRISES
P. O. BOX 1706, ENCINO, CALIF. 91316 • 783-1590
December 6, 1978
To: Honorable City Council
Palm Desert, California
PETITION OF ANNEXATION
Pursuant to the Municipal Organization Act of 1977, the
undersigned do hereby petition the City Council of the City of
Palm Desert, California, for annexation of the hereinafter
described property to the City of Palm Desert and, in furtherance
thereof, do hereby state the following:
1 . The legal description of the property is :
The north one-half of Section 10, Township 5 South, Range 6 East,
San Bernardino Base and Meridian;
Excepting therefrom the northerly 44 feet thereof, included in
County Road;
Also excepting therefrom the westerly rectangular 44 feet thereof,
excepting therefrom the northerly 44 feet thereof, included in
County Road.
2 . The number of inhabitants of the subject property is:
NONE.
3 . The owners of the subject property are the following:
Irwin Siegel and Lillyan S. Siegel , husband and wife.
Terri Ann Siegel , a single woman.
Richard J. Siegel , a single man.
Business address for all of the above owners is:
17000 Ventura Blvd, Suite 203
P. O. Box 1746
Encino, California 91316
Page 1
Siegel , 12/6/78
This "Petition of Annexation" is submitted contingent upon
agreement by and between the City Council and the Owners on the
following conditions :
A. That the annexation and zoning procedures, and development
plan/tract map procedures be initiated concurrently.
B. That the entire property, except the northwesterly nine (9)
acres ( see map submitted herewith) , be designated for Residential
Use, Medium Density, four (4) Dwelling Units per acre on an overall
average basis.
C. That the northwesterly nine (9) acres of the property
be designated for Neighborhood Commercial zoning, as shown on
the accompanying map.
Signed this 6th day of December 1978 by:
IRWIN SIEGEL yt
t
LILLYAN S. SIEGEL
TERRI ANN SIEGEL anal
RICHARD J. SIEGEL
RECEIVED
DEC 11 1.k'''
ENVIRONMENTAL SERVICES
Page 2 CITY OF PALM DESERT
35000 i3OVERNMENT,CODE CO
Law Review commentaries - •: Former 1 33003 wee repealed
Annexation elections and the right [o V! ,:. ;.;', �,..ir ?'`� 1977,c. 1253.p.,
vote. (1973) 20 U.C.L.A.LaW Rev. 1093. ,.•.. n-�. «,.-.
Article I Was added by Stats.1977,a 1253,p.-,§9.; ?�- t•-§ 35004. Validity of of preeeedlnl
:
4 35000. Legislative or protest
findings and declarations ' .+ If an action or r
The legislature finds and declares that it is the policy of he state to encourage P oerediu, is
1 ccedings completed Pursuant to i
orderly growth and development whichare essential to the social, fiscal, and the Jurisdiction Of the local
economic ae01-britlg of the .State. The legislature rec0gni7As that the logical to the completionnO of age
!� formation and determination of city bonndaries is an important factor in pro- - prtectdin;
mating the order) development of urban areas. Therefore, he legislature further regulations ce such local agency
Y P render ings p s to such territory
finds :nr1 declares that this Polls should be effrcG•d by the loi;lcal f0rnmtlon and
expulsion of cities. r y ,_ v _ proceedings Pursuant to this pm
.r cecdiugs and thereafter if it is
The l,egislaturc recognizes that urban population densities and Intensive rest- this part were Invalid.
deutial, commercial, and industrial development necc sifnte it broad spectrum and (Added by Stae9,1977,c, 12.M, p
high level of community services and controls. The Legislature also recognizes that - 1 -
F ruler 1 35004 was amended 1,when areas become urbanized to the extent that they need the full range of com- 1970, c. 10 , p. 310, i
1 5tt and rep
munity Services, priorities must be established regarding he type and levels of Stals.i977, a 1253,p. -, a,
j such services that the residents of an urban community need ;and desire; that -
community Service priorities be established by weighing the totalcommunity Sur-
vice needs against the total financial resources available for securing community An action to determine the
'!y services; and that such community service priorities must reflect local circum- organization, or any city Chang.
' stances, conditions, and limited financial resources. The legislature finds and shall be brought pursuant to Ch
declares that a single governmental agency, rather than several limited purpose of Part 2 of the Code of Ch•il I'm
agencies, is better able to assess and be, accountable fdr community service nceda (Added by Stats.1977,c. 125;i,p.-
1; . and financial resources and, therefore, is the best mechanism for establishing cord- Former
t30. 95005 was repealed b•
' muufty striae priorities.ppriorities. 1976. C.es, p. -, 1 1. Sec, now, i
(Added fly Stats.1977,c. 1253,p, §9.) S.C. 9 tY79. ' ..
Former 1 35000 was repealed by Rtats. Library Reference. - § 3500& Liberal conatructlon;
1977. c. 1253. p. -. f S. Sec, now, 1 35113. ytunicloal Corporations e=26 et pep.
C.J.S. Municipal Corporations 1 41 et sea• flnality of determine'
4 35001. Citation of Part - - This part shall be liberally eo
Tills part shall In, known still may be cited as the Municipal Organl7AUon Act of Parrt t 8118 municipal rmrganiznth
pa shin)) be lnral(dnted by any
1977. - determination or procedure whit
1 (Added by Stats.1977,c. 125,3,p.-,4 9.) right of any person, city, count)
Former 1 35001 was repealed by State. of he state. All determinations
1977. c. 1253. D. -, 18. ties. now, 1 35116.
under and pursuant to the provi
�I 4 35002. Exclusive authority and procedure; Incorporations, reorganizations and the absence of fraud or preJudicla
L.I changes of organization - (Added by Stats.1977,c. 1253,P.-
i Except as provided in Division 1 (commeneing with Section 56000) of Title ff, this 18F c.m z6; 35006 wall repealed b)
(ll part Shall provide the sole and exclusive authority and procedure for the initiation, 18.
9 conduct, and completion of city hicopporwtions, municipal reorganizations, or ch ngew 4 35007. Severablllty of provisior.
i, of organization. - - I It any provision of this part oe
Added b Stats.l977,c.1253,P•f 4 9. an
( Y ) p y Per-Ron, city, county, district
(III Former 1 35002 was repealed by State •" state is held iuvalld, Such inraildi
1977, c. 1252,P. -. 4 8. -of this part which cap be given ,
i
44 35002.1 to 35002,5 Repealed by Stats.1977,c. 1253, p. 4 B thereof, and to this end he pro,
Former 1 35002.1. added by Stals.1971. C. a 167. p. 221. 1 1: State.1973, a 273. p. 1 (Added by Stats.1977,e, 1253,p.-
J I6T, P. 971, 1 1, provided that territory in 668. 1 1. - - F-ormer 1 25007 an anneaatlon propasal approved by the to See, now, 4115010, 95033. 117/ c, 478, p was amended b
. 11 w 9 and 5
; 8.� - cal agency fom)athm commission purse- Amendment of 135002.5 by State.1977, C. - Staie.1977,c. 1263, re�0
I. �� ant to 1 54797 shall be deemed a single 671. P. -. 1 1. was ino p,erative upon enact- p f B.
area. meat of Stats.1977, C. 2253. see note under 9
i Prior to repeal. 1 35002.5 was amended by 35033.5. § 35009,, Time; construction of 1
Stats.1970, C. 1526. P. 3083. 4 1; Stats.1971, - t' '
•':»X*-_In this part, Drovisilqu govemii
authority, or the
35003. Pending proceedings prior to effective date of Part commission is t
Notwithstanding the provisions of Section 35W2, this part Shall not apply to any •a 9gllementa, be deemed directory r:
I C proceedings for file incorporation of a city, or for a change of organization of nce �AQdt>d Dy1Stats.]D77,c.]2:i,3;p:-
Ilis city, which shall have been accepted for filing by the t
executive officer pursuant to �y7,tFO enter
35008 was repealed by
•III��I Section 54791 prior to the effective date of this part. Any such pending proceeding ,`.rA,d 1 n h .any be continued and completed under :and in accordance with the provisions of •»f6'ai•A•bl -
law exiSUng prior to this part. '�►C tSn}yS eau-
(Added by Stat5,197 c.1253,p.-.§91) "� rl`'•`•.
L.i 26 tiS{i'
35150 GOVERNMENT CODE "' GO1
J '•
-t .. .• ... t.•�;';'.^tit y'(6) Will benefit from such ann,
ARTICLE 5. NOTICE., HEARING AND DETERMINATION
RI THE COMMISSION "`t'' cityr'2�.'!1g.9 ..•s:':
_ JC:Ja% +
..., The finding required pursumu
tie° OF.ICE f factors,Including, but not limited
35150. Powers and dutles of commission. - (1) The avuiltibility of public Oil)
33151. Change of organization Or reorganization without notice, hearing or election; 60 The Presence of public impm
'• notice of filing; determinations; procedure. (Ili) Appropriate zoning of the :
35152. Certificate of filing; form; Issuance; date of hearing; pohlished notice. 00 The presence of physical i
35153. Notice of hearing. :•:. . . .... . • '. • - . ' such area.
35154. Conflicting or inconsistent proposals; priority. . ... :j,- ..
&5155. Hearing; date time and place; continuance. (B) TO approve the annexation
35156. Protests; objections; erielence; report of executive officer; pinn for pro- exceeding 100 acres In tire,,, local
riding services. - _ is located, Ind which Is owned h
35157. Resolution of determinations oil proposal; adoption to nuthodze. the conducting auth•
�.' hearing.
35158. Resolution of determinations; contents. . _
3,5150. Resolution of determinations: mulling of certificvl copy, - (h) Subject to the provisions o
35160. Disapproval of proposal; time for Initiation Of new proposal; walver: making determin:rtions the condor
3,'d61. Approval of proposal; modifications or conditions; procoediniN: ' - (1) when a municipal reorganiz:
35162. Application for addltlmis, deletions, amendments, Or revisions of resohutions Cory to ti city and the imwi,sed va
discretion of commission; finality of determinations. -- or more of the assessed value of 1:
3:i1(i3. Impartial analysis of propositions; procedure for npprornl or modiflrntion ]raters residing wi[ldn such territ
and approval. - - - registered voters residing within
Article 5 +rue added Og State.197T,c. fP59, p.—,§8: '- reorganization that Lie reor aniz.the voters in an election to be a,)
' ti•.;,', i :.•i the city to which annexation is prop
§ 35150. Powers and duties of commission - ---
The commission shall have the powers and duties set forth in Chapter 6.6 (cam- O) With respect I' the incor)or:
mendng with Section G1i13) of Part 1, Division 2, Title 5, and such additional 1nhnbi touts or the number of rrgl
lawyers and duties its me specified in this part, Including the following: - "Except as otherwise Provided in
(a) To review and approve or disapprove with or w•itleout amendment, wholly, eised In apart I of with the Poor;
partially, or conditionally proposals for the Incorporation of eities, for changes of tween C pte 1 of ad this 2 of '
[wren Chapter 6.6 and this part, a
organization of cities, and municipal reorganizations. (Added by SGats.10771 c.1253,p.—,
(b) With regard to it proposal for annexation or detachment of territory to. - Former f $5150 w•as "Pealed by s
or from, n city, or with regard to a Proposal for municipal morgonizutlon which 1977, C. 1253, P.
includes annexation or detachment, to determine whether territory proposed for -
annexation or detachment, as described in its resolution approving the annexation, i.'35151. Change of orpanlzat ion e1
detachment, or municipal reorganization, 1s Inhabited or uninhabited. Such
de- ;.., pion;..notice of filing; e
termination shall be based on the definitions of inhabited contalued in Section
=38. ,., _ .,, - , " _. '^,:1f a petition for an uninhabited
municJPnI
(c) with regard to a proposal for consolidation of two or more cities, to de- inhabited territory. or both
cshall iI
[ermine which cit • shn)l be the consolidated, successor city::" - rit Or loth, shall 1
> �- ..• the affected territory of the Prop
(d) To adopt standards and promdures for the evaluation of Plans for providing organization, or if a resolution of t
municipal services submitted pursuant to Section 35102.., - city or county making a Proposal
(e) To waive the.restrictions of Section.37,010, if It finds that the application of municipal morganizatlou consisting
the restrictions would be detrimental to the orderly development of the community shall be accon,ptinied by proof, sati>
and that the nreti that would be enclosed as a result of Incorporation or annexa- Of land within such territory have
tion is so located that It cannot reasonably he annexed to another city or incur- •organization or municipal rrorganiz:,
porated as a new city. : ' ' - '- _ of organization or municipal rcorgea,
(f) To approve the annexation after notice and hearing, and authorize the con- mission. In such eases the comm;
trgani to conduct olltpro notice for
ducting authority to order annexation of the territory without an election if ,the Organization
commission finds that the territor• contained in an annexation ro isal 1 does not B (l) wibofh. notice and h
y P fa f ) �n electton,or(ill)both.
exceed 100 acres in area;
.
,.Th.e,excrutive officer shall give +
(2) Does not exceed 100 acres In area and such 100 acres constitutes the entire ot,ayy such Petition or resolution of
island. _ . , .. s .. : • .I ."j thelwrltte¢ consent of each of
(3)(a) Is surrounded or substantially surrounded by the city to which annexa- iih, on 'or resolution of apPheatior
tlon Is proposed or by such city and a county boundary or the Pacific Ocenn; or wrl
�repuest by an affected city,
5�R9- period, the commission shall
(b) Is surrounded by a city and adjacent cities; etaol¢tioa of application only after
f4) Is substantially developed or developing; ��.�04�t_'l_e filed, the commission- may 1
(5) Is not prime agricultural Inud as deflued In Seectlou 35046; and � �a By,written consent, which -
46
' 4•na ..
ltt�.':.i
IV
' T CODE GOVERNMENT CODE § 35151
•:`- (G) Will benefit from such annexation or in receiving benefits from the annexing
AND DETERMINATION city.
fiSS10\ - The finding required pursuant to (3) of this subdivision shall he based upon
. • - - .r.: r ,d factors, Including,but not limited to: ..
.. - (1) The availability of public utility services.
ion without notice, hearing or election; (11) The presence of public improvements,
rocedum. . • I (lii) Appropriate zoning of the area to authorize the placement of Improvements.
date of hearing; published notice. (iv) The presence of physical improvements upon the parcel or parcels within
priority. -- (g) To approve the annexation of unincorporated, noncvmti
i nuance. pl guests territory not
art of executive officer; plan for pro. execeding IM acres In aren, Inented In the same county as that in which the city
is located, and which is owned by a city and used for municipal purposes; and
x. I; adoption. to authorize the conducting authority to annex such territory without notice or
is. • .:.:•: -:.r.....,. hearing. ..
of ecrifficd copy. : (h) Subject to the provisions of Section 35031, to designate in the reso)ntion
tiation of new proliosal; waiver. - - making determinations the conducting authority for proceedings.
or conditions; profecetlings. (1) when a municipal reorganization Includes the annexation of Inhabited terri-
niendnneuls, or revisions of resolmtlons tory to it city and the assessed value of land within such territory stunts one-half
: of determinations, -• 1 or more of the assessed value of land within the city, or the number of registered
troce.dure for approvnl or modification voters residing within such territory er)mtls one-half or more of the number of
registered voters residing within the city, to determine as a condition of the
1977.c.1253, p' � - � reorganization that the reorganization shall also be subject to confirmation by
�'Q 8' the voters in an election to be called, held, and conducted within the territory of
' " ' ; ��' - •l' the city to which annexation is prnlwsed.
1 dunes set faith In Cbnprer f.,6 (core- (j) With respect to the ineorlroration of n new city, to determine the number of
inhabitants or the number of registered voters residing within the proposed city.
rislon 2, Title 5, and such additional
part, ineluding file following; Except as otherwise provided in this part, such powers and duties shall he exer-
c)srd in necordanee with the provisions of Chapter 6.6 (commencing with Section
with or without nmendment, wholly, F4773) of Part 1 of Division 2 of Title 5. To the extent of any inconsistency be-
incorporation of cities, for changes of tween Chapter 6.6 and this part, the provisions of this part shall control.
mizatlons. - _ (Added by Stats.1077,c. 12aq,p.—,$0.) .'- - - .'.• - .
union or detachment of territory hi,
3 Former q 35150 was repealed by Stets. .Li brarry References
:d for ❑mnfciptd rcorgnuizn�ion w•idch 1977. a 1253. p. q 9. .. - of in
lcipal Cori+oratlons C=33.
rmine whether territory proposed for - - " '� C.J.s. hitmiclpal Corporation., q 50.
s resolution approving the annexation, $-35151. Change of organization or reorganization without notice, hearing or vies•
inhabited or uninhabited. Such ! lion;. notice of filing; determinations; procedure . .
ms of inhabited conUdred in Section on J `' - l
I If x petition for an unlnhaldtal annexation, are- uninhabited detachment, or for
I;dation n
a municipal reurganizntion consisting solely of annexations or detachments of oil-
successor successoo or more cities, to'de- inhabited territory, or both, shall be signed by all of the owners of land within
r citty: the affected territory of the prolosed change of organization or municipal re-
the evaluation of plans for providing ! organization, or If a resolution of application by a legislative body of an affected
ction 33102. city or county making it proposal for un nunexntion or detachment, or for a
010, if It finds that the application of municipal reorganization consisting solely of annexations or detachments, or both,
orderly development of the community ' shall Ire accompanied by proof, satisfactory to the commission, that all the owners
a result of incorporation or annexa- of land within such territory have given their written consent to such change of
be annexed to another city or Incor- organization or municipal reorganization, the commission may approve such change
of organization or municipal reorganization without notice and hearing by the core-
- mission. In such cases the commission may also authorize the conducting au-
and hearing, and authorize the core thority to conduct proceedings for the change of organization or municipal re-
c territory without an election If the - i organization (i) without notice and hearing by the conducting authority, (11) without
in an annexation proposal (1) does not an election,or(iil)both.
such ]00 acres constitutes the entire The executive officer shnll give each affected city mailed notice of the filing
of any such petition or resolution of application. The commission shall not, w4t11-
t out the written consent of each affected city. take trey further action on sued
mnded by the city to which nnnexa- ) petition or resolution of application for 10 days following such mulling. Upon
y boundary or the Paelfle Ocean; or j written request by an affected city, filed with the executive officer during such'
.t '• - •. a• j 10-day period, the com ilssion stmtl make determinations upon rmid Ie.tltlon or
• resolution of application only after notice and bearing [lemon. If no such re-
quest is filed, the commission map make such determinations without notice and
in Section 35046; and hearing. By written consent, which may be filed with the executive officer at any
47
1
CODE GOVERNMENT CODE § 35213
such arppllcation in whole or in part. Former 1 35201 was repealed by Stets.
id application in the same manner as 1977. c. 1253. p. —. 1 a. �; r• - I .
approving the same. - §1 35201.5, 35201.6 Repealed by Stats.1977, c, 1253, p. —, § 8 "
specified in its resolution, or In any prior to repeal. 1 35201.s was amended h p y' the Open
Spas territory purchased under
nissiOnS determivatlons as to bound- St Form 73, c. 520 o. ad { 1. , the Ocen Space Act. -
Former 3521. r added by nn xation e-
nd COnClu9ire, and no further changes 190. D. 26�, q n, relate to annexation or
§ 35202. -Resolution certifying failure or refusal to Initiate, conduct or complete
• proceedings; failure to comply with terms or conditlons
procedure for approval or modifica• After the expiration of 35 days from the date of Adoption of the commission's
.1, - . 1 resolution making determinntious, the commission may by resolution certify to the
pursuant to this part to prepare'sn board of supervisorn of the county in which the affected territory is located, that
'al by the commission, the commission the conducting authority has failed or refused to Initiate, conduct or complete
oval or modification and approval of proceedings for the change of organlzntlon or municipal reorganization In coal-
, pliance with the commissions resolution making determinaMons, or has failed to -
comply with any tercels or conditions thereof. + --- :•• -•-'
. ,... ... .. - (Added by Stats.1977. e. 7253, p. =, § 9.) ;
§ 35203. Jurisdiction; board of supervisors
)CEEDINGS At any time after the Adoption of a resolution of certification pursuant to Sec.
Section Lion 3.52M, the board of supervisors shall assume Jurisdiction to initiate, conduct,
---- --- ------ :-35200 and complete any proceedings for the change of organi7stion or municipal re-
_ _ _ - 35220 organization and to enforce compliance \vith any ,terms or conditions thereto re-
:_ '_.- '35250 ! ferred to in such resolution. Upon the assumption of such Jimisdlction, the board
-------- ----------'- 35280 of supervisors and the clerk and other officers of the countyshall have exclusive
--- ------------ - Y 35290 Jurisdiction with respect thereto and may exercise all powers and duties vested in
-------------------------- --- 35300 the conducting authority and the clerk or other officers of such authority. Any
1977,c. 1253,p• §9• Jurisdiction assumed and exercised by the board of supervisors and the clerk or
other officers of the county pursuant to this section shall be given the same force
' and effect as if taken by the conducting authority and the clerk or officers thereof.
aL rft0\'ISiO\S - - - ' - -
. _ ., ., - (Added by SIntS.IJi 7, c. 1253, p. —, § 0.) ... ,.. ., ...
of Organization or reorganization. Former 1 35203 was repealed.by Scats. .. , a-�:,. .. ... ... ...
1977, c. 1253, p.
milting of certified cap)'. - .. ...
• 1 35203.5 ,Repealed by Stats.1977, c. 1253, p. —; 1 8 -
al to initiate, conduct or complete pro- _ +- ••
rows or conditions, �, , -" 1 35204. Jurisdiction; legislative body; prohibition on further petitions or resolu-
tions of application . ,,,
i - Upon adoption of a resolution initiating proceedings pursnnnt to this chapter,
:ibitiou on further petitions or resole- Jurisdiction over the proceedings Is acquired by the legislative body' of the conduct-
- 1 -• - lag authority, and anti] such proceedings are completed or terminated pursuant to
\vithdrawal. _. - this chapter, no other letitlun or resolution of application Seeking the ineorpora-.
- tion, municipal reorganization, or change of organization of all or punt of the,terri-
19T7, c.•1258,p.—,§9. - tort' described by the revolution Initiating proceedings shall be file(] with, or acted _
. .. ;;.. on, by the commission. - . . - ' . . .. - . . .
: ,
m e of organization or reorganization (Added b Stnts.l977, 1253, .r •:tlrq:r
8 . . ..Former
0 . . .....epe led t...._.._..__..._.......__:_._....._.......,...:__.
;5 as provided In Chapter 2 (commcnc- Former _q 35zo{ wsa repealed by Siats.
xedings for Incorporation, change of 1977. c. 1253, p.
zAtion shall be-taken pursuant to this
_., 5 35205. Written protests; date of signature; wllAdrawal .
-In proceedings for an annexation, detachment, municipal reorganization, or,in-
] corporation, any written protest must show the date that ench signature was
•.brary Reference. - affixed to such protest. All signatures without n date or IonrLlg A date prior to
c.i.S. Dal municipal
corporation,
a;ion,J ,0. the date of adoption of the, resolution initinting proceedings shall be disregarded
C.y.S.municipal Corporatlona
for the putimse of nscerininiug the existence of a majority protest. Any person
mailing of certified copy who has signed a written protest may \vithdrnwv his name from such protest at
doption of the commisslon's resolution Any time
(Add prior to conclusion of the public hearing. -- _
,rity shall adopt a resolution initiating L r.
(Added by StatA.1077, c. 1253, p.
,joll's
me resolution:u!po adoption,eb copy of - :1 ',.. .. .:.:•
imniedlAlCly Upon adoption, 11C mailed Former 1 35205 was repealed by State. , ,Y+9'^"r'.:� ;••;l•i: ':'1�rl-•e c.;i it 'Y ivy,;c:
1977, c. 1253, D• —• 4 B.
AC CTCCUIIrC Officer Of lhl` COUlrni5510n. " '�' •••- ••- ., :. �• -¢rn L' '.'• :, -. •::- •: .t'
H 35206 to 35213. Repealed by Stats.1977,e. 1253, p•—,§9 - • e
51
-k
I
" CODE GOVERNMENT CODE' § 35224
"•'� "j� the territory may file a written protest against the annexation with the clerk of
AND DF.TACIIJt Eil-T . . the conducting authority at any time prior to conclusion of the conducting author-
ity's hearing on the proposed annexation or detachment
ilents. ... (h) If the territory proposed to be annexed or detached is uninhabited, state that
s and 10 percent or less of land area any owner of hind within the territory may file a written protest against the
Autlon terminating proceedings- annexatlon or detachment with the Clark of the conducting authority at any time
shout notice and hearing; consent of prior to the conclusion of the conducting authority's hearing on the proposed an-
I,a7 , nexation or detacbmeut. . ., - , _ . .." a , -
, .
(Added by SGnts.1977, c. 1253, p. —, § 9.1 ,. ... ' ' �'�.. a-; .,,
•�• .�C. Law Review Commentaries - .Library References
I. • _, ,� , . „ Annexation elections end the right to Municipal Corporations�a29 el seq.
lot,election;� disapproval: resolution vote (1973) 20 U.C.L.A.Lew Rev. 1093. C.J.S. municipal Corporations f 42 et seq.
ProPosal for revision of California annex- -
. alion laws. William G. Holliman, Jr.
is and corporations, .... ,. ,. (1972) 3 Pacific L.J. 533.
ence. - 1. o .. n',ta`J•: § 35220.5 Cltlae with population of 1,000 or lees and 10 percent or less of land area
� - zoned for residential purposes; resolution terminating proceedings
protests: resohrzlogmuking findings; �o inter than .15 days after receipt of notification by the conducting authority
ten protests; resolution making find- of the commisslon's resolution making determinations, the conducting authority of
a city with a population of 1,000 or less within which 10 percent or less of the land
proceedings. area is zoned for residential uses may adopt a resolution terminating all present
Proceedings In connection with any proposed annexation or detachment.
confirmation of voters; time for elect Added by Seats-1077, e. 1253, i
rnufirinntion of voters; election in
of-1 35221. Uninhabited territory; resolution without notice and hearing; consent of
• •. -• - landowners .. -
' •`' If authorized by the commission pursuant to Section 3e151, uninhabited territory
Aschment'�iithout notice and hearing may be annexed or detached by resolution of the conducting authority without
notice and hearing it all of file landowners within such territory have consented in
writing to such annexation or detachment.
ation, or de.tJchment filing of copy. (Added ty Stats.1977, c. 12:i.7, p. —, § 9.) -
n filing of certified copy. - _new proposals. - . 1 § 35222. Notice of hearing; contents
acbment; description of exterior boils- The clerk of the conducting authority shall cause notice of the hearing on the
proposed annexation or detachment to be given as provided In Section 35(Ri5.
'977,c.I2S3,p. 19. Notice required by this section shrill Include all the information specified in Section
.. _. 35220. - a...
:ontents - .. .. • , (Added by Stats.1977, c. 1253, p. —, $ 9.) .. ,.
35220.5, 35221, 35222, and 3;i223, the
initiating proceedings for an annexn• l § 35223. Notice of hearing; recipients
- -
mply with the commission's resolution ',' ..
The clerk of (he couductlug nuthority .shall also give mailed notice of the hearing
whom, preliminary proceedings were as required by Section 350:5 to: _ -
rs, If tiny, shell be sufficient.where (a) Any person who has filed his name and address with the, clerk and has re.
a petition). . .,. - . quested such mailed notice; .- . .-I - -
3nt1011 assigned by the commission to ••(b) The chief petitioners. If may, as indicated In the petition initiating proceedings
;ached and set forth a description of pursuant to this part;
(c) To caehpffected city,county,and district; and
lie annexed or detached is inhabited (d) To the executive officer of the local agency formation commission.
lion in Its rewhition making deter mi- Mailed notice given pursuant to this section %hall contain all the information
. t` . - + specified In Section 33220. .. ,
roposed annexation or detachment as (Added by Stnts.1977, c. M7, p. —, $ 9.) -
a the commission.
to proposed annexation or detachment i u
i § 35224.- 'Time of hearing; continuance _
,akiag detelvulmitlons. . - �
j
-n the proposed annexation or detach- The hearing on the proposed annexation or detachment shall be held by the -
r more than 45 days after the date of conducting Authority on'the date and at the time specified fit the resolution giving
notice of the hearing. The hearing may lie continued front time to time but not to
1 or detached is Inhabited, state�thut" exceed 00 days from the date specified for the hearing in the resolution adopted
any registered voter residing.within
pursuant to Section 35220. •' ..' ':`'.. -•..: - " . ' .
• - .,.•.• ... (Added by Stuts.1077, c. 1233, P. —, $ 9J •. • . - . . .._, � ii'. . . .:�.'_,.
53 `
P
§ 54740 GOVERNMENT CODE P
- coV
(b) The local age y my petition the superior court to Impose, assess and re- ui;ssion Iwty ask for land use it
m cover such sus. I refraining such amoral, the court shnll take into can- ,
elderatlon all relovm irenmstances. including, but not limited to, the extent of
dirt viers, including sch(ini
harm caused, by the rlolntion, the nature and persistence of the violation, the and d4•p:vhneuts. Cities, counth
length of time over which the violation occurs, and corrective action, If any. regional agencies, and store age,:
(Added by g[nts.1072.c.513,P. 1458,§4), , . _ ..... quest of the cuuuuisslon for sucl'.
Derivation: Health & S.C. tanner sec- studies nvallnblc to • • poll)
4766 5. 6523.01. Added by State.1971. a ' - .. tlirtse s(ad nos. Ibe CnlllmiKsiOn Iliac
924. P. 1810. if 2, 3.
Iu order to ealry out its pnrpn:
ills, logienl nud.ordcrly (Imelopnlel:
CHAPTER 6.6 LOCAL AGENCY FORMATION COMMISSION, jc so lls to nd%;u)(ngtvlssly prnr ide f1
its eununnnitics, the local Agency f
Article Section the sphere of influence of each Is.
4.' Special Districts (New] --------------- --- - --------. -------- --- ---54851 used in this section "sphere of in;
. . .1. _r• _ physical boundaries mid screlee n.
- .. .r _ r 'i : - •c. .. factory considered in determining I
ARTICLE 1.- CENF.RAL agency the emmnission shall consido
See. Sp e . - - � (a) The maximum:�4ii41 Spheres of influence; _adoption, amendment or revision; public hearing; i Possible sere,
notice [',New]. - - } Possible cerelce c.lpubilitles Of the n
547742 Spheres of influciice; nmeildment or revision, resolution of agency m• 11 fill The lnngeofsertices the agen
county: hearing: reiniblisenient of costs [New). _ (c) :he projected future liopulatie
rrt774.5 Urban development patterns; preservation of open-space lands [New].
r4775.1 Time requirements in chapter[New]. - W) The tylic of devcfopnw•nt oven
54775.2 Liberal construction; validity of commission resolutions; finality of limited to, residential,commercial, a
commission determine Lions; review. - - (c) The prespul and prob;lhlc fill...
54776.1 Estimate of amount of mohey needed;- allowance by board; audit of claims If) IA)cnI governmental ngencies
[Mewl. .. - - file present level, range and adwin.
64776.2 Destruction of records [Newt,- - governmental agencies.
54776.3 Fees for filing and processing applications (New). (g) The existence of social and ec•
54777.5 Retirement benefits for executive officer or staff Personnel: mithority to the area within the boundnries of n
contract INcw]. " - - s1111*00lds A Ind which could he cal
54770.5 Jurisdiction rested In other than principal county; requirements [New]' (ld The exi,h:nce of agricultural I
Low Review Commentaries - - w'ithln nil ug(+nc e's sphere of influe.
Muni ,.Rev. r)•S.changes. (1975) 6 - mid Cc0110mic Integrity of su:)i pl'95e
Ooldc i(late L.Rev- ra,
a Sp heI'e of ill(IlIcare of n loeAl goven
154773. Short title �> - - !•^`• The comm
Law Review Commentaries essed under the 1965 district reorganl- l detelsillrmined
shall by them.
Environmental impact report for private ration act. e.9 found In 1 56000 et seq. 50 developed anti dMc1'Inined by them.
projects. Carl J. Seneker It (1973).48 S.Rar Ops.Atty.Cen. 39 9-8-67. . The SPlieres of Influence, after :toJ. 127. Inasmuch as tilghway fighting districts
Industrial aid bonds, financing device. J. are special assessment districts. their an- factor in making regular dcteisiolis or
W. Beene. U. R. Hodgman and F. 1'. Suth- nervation proceedings are not subject either commiF9 commend
y iun ula � re overran
erland (1967) 41 so.Cal.L.R. 67. to the 1965 district reorganization act as g
Line cornly,
I. In general' .. . .. - found in 1 66000 et seq.. or the Knox-Nisbet using file spheres of mf
Act. as found In 1 64773 At eee.. but are Such recommendntlous 811:111 Ile made
The Knox-Nisbet Act. an found In 1 64773 processed under the principal act found In agencies or to the Public.
et cep., does not apply to annexations proc- Streets& H. Code 119210 el sell. Id.
1 54774. Purposes; powers; sphere of influence; recommendations; " financial The commission. nr the board of
authorized to Apply for or accept, o!
assistance - - - - uid from public or private ngencies o.
Among the puriloses of a local agency formation commission are the discourage- a local government - -
rienl of nrliar sprawl and the encouragement of the orderly formation and develop- (Anieuded by Stats.1867, c. 930. p.:237
Intent of local governmental agencies based upon local conditions and circumstances. 1972, c. 792. p, 1408,11.5; Sluts.11174,
One of the Objects of the local agency formation commission is to make studies and
to obtain And furnish Information which will contribute to the logical and reason- Approval required by comodasion for p
Able. development of local governments in each county and to shape ceedmgs to establish county eereiee.are the development see 11 25210.3a. 25210.13.
of local governmental agencies so as to adva ntitgeously provide for the present and Law Review Commentaries
future IICCda Of C'ACh count cold its Coinan Unil lea Compliance by LA1,CC with requireme.
9 - of CEQA beforu approring Annexation p
In addition to its other Powers the local agency formation commission shall posals of cities (1976) 16 Santa Clare
Rev. 403.
Initiate and make studies of existing governmental agencies, Such studies shall Industrial Aid bonds, financing device.
include but shall not be limited to inventorying such agencies and determining their tt'. liecla, U. It. Hodgman And F. P. Sw
eriand (1907) 41 So.C, , n n
tonximum waive area and sendee capacities. In conducting such studies. the cons- LAI'1`ti and xprclul dial rlCle coal,
Underline Indleates changes or additions by amendment (]s72) 23 Haste L.J. 913.
�r�p Asterisks a Indicate deletions by
An0 36 Cal Code-i4
1977 P.P.
o r
4T 'CODE
r GOVERNMENT CODE § 54774
1perlor court to impose, assess And :4 mount, the court sh
edAll take Into con: ulissioll play Ask for land mse information, studies, and plans of cities, counties,
ding, but not Itmlted to, the extent of t•� • • • districts, Including school distHets, lint) regional Agencies And state agencies )
nnrl correctiveJenc
of the violation, the •r :lad departments. t;itic., counties, • • districd, including school districts.
jc
4 and correC[ivC action. If any. _ !. regional Agencies, and state Agencies And dl'Al,runmt[s, shall comply with the re-
ytltrt of thn cnnAuivsion for such infnrmntinn rmd the tomm15s1oA shall make Its
studies nvnilnble to • • ublic a•ensues :cod :m interostcNl le.rson. In mnkiu I
n 1. y 1 g
these studies, the rnnuuisclon In:lp ecio1wrale with the county planning commissions.
'3cF, III order to e:ury not its puilinw-s and responsibilities for plaunlug and shaping
�ORMAT,ION COMMISSION the logic And orderly development and coordination of local governmental Agencies ,
wr as to nth-al th9cously provide for the present and future needs of the County and
Section I its communities, the local agency formation commission shall develop And determine
------------- the sphere of influence of each )ocA) governmental agency within the county. As
--- -54g51 ustNI to this section -sphere of influence" means a Plan for the probable ultininte
SNERAL pllisical boundaries And service- area of a local governmental agency. Among the
faetors considered in determining the sphere of Influence of ouch local governmental
mdmMrt or rny' ' - agency the ronl[Ilissinu shall consider. - r.•._ .:-.. >; -. .., :,
Islon public hearing;� r; + •,(: ) The maximum possible service: Area of the agency based upon present and
'
'r revision' I possible sere ice capabilities of the agency.
; resolution of agency o. '• ! -, (b) The range of services the agency is providing or could provide.
,f costs ),,Newj. - . . r
'vation of open-space )ands "': I - (c) :he Projected future population growth of the Area.
.
ominission - - .•n (d) The type of development occurring or planned for the area. Including, but lint
reso)ut(ons; ,finality Of _ limited to, residential,Commercial,and industrial development. '
Allowance b• (e) The present and probable future service needs of the area. - -
3 board; audit of claims (f)- - � Local governmental agencies agencies presently providing services to such Area and
_ the present level, range [wild adefivacy- of services prouder by such existing local
Ions [New), - ' f ' --ovelnlnental Agencie4. .. .. I . . -
o Till,
ce of social
ce and
teraction betweell
Mr or staff personnel; authority to '�.I the Area iv thintthe/aandAriesirof a licalL governmental l agency A1nd the area which
cipni county; rCquirnmeuts [New], ' surrounds it And uloch could be comsydered within the Agency's sphere of influence.
III) The existence of agricultural preserves in the urea which could lie considered
within An ngcucy's sphere of infloono, and the effect oil nialuta)ning the pilys)clll
till() economic integrity of such preserves to the event Ilmt such preserves are within
A sphere of influence of a local governmental agency. -.
I under`the 19CS district reorsanl- The commission shall periodically review ;old update the spheres of influence
n act, a.9 found In 4 56000 et seq. 60 ' developed had determined by them.
Uty.Gen 39 9-g_G7.
.9rnuch ns high will' Ilghtlna dklrietx r TIIC A{i IICYCS of tll(IIICIIM, +11e`f i1dell[IOA, s11:111 ]q used by t)IC COmm)SStOn AS a
A!cinl easessment dlsirleta, their rtn-
1^n nroceedin/s are tin[ suhJec't either factor In making regulal' d(Tinious tin proluisals liver iehieh it has jurisdiction. The.
e S d6et reorganizallon net ns
In t 6CD00 et feq. or (tie Knox-Nlshet (bm1A1tSSI0u con)• IY`r'nulillClul gpt'CrilAlebt:,I re0egallizntlons to p:l rt iCALir ngMtCtl•S 111
9.9 found In 1 Gt779 at seq . bin J the county, using tie spheres of influence as the husis for such reconnuondlitlons.
<sed antler the Principal act found in a i 1 g
's d H. Cade 1 19210 et ec 11 Such recommondutious shall he made nvntlnblC, ulwu rM nest, to ill her ocerumentnl
q. tit ageneiez or to the public.
ace; recommendatlons; financial .•
•_ ., •1 1•Im emnwissfon, or the board off supervisors cot behalf Of the commission, Is
nuthorizell to Apply for or nc<e'pr, or both, :any financi:d Assistance and grunts-in-
on Commission are the disrnurngC. _ aid from public or private agencies or from the. state or federal government or from
rite orderly formation mud develop- rj it local govcran[enr. -
oen] conditions and cfrcum.qtnnces, bl (Amended by StatsAW7, c. 9120, it. 2372, J 14: 8bns.1971, c.,1211, p 240S, k 1; Stilts.
conuniasfml Is to mike Studies ,fill 3:J 1972,C. 792, p. 1.103,4 1.6; Stats.1979,e. 531,p. 1221. ¢1; Stat-%A970,c.31.p. —,§ 1.)
(tribute to the logical and rensnn- �' '
❑try old t0 shape the r1>� Approval require•,) hr commiasion for pro- - Index to Notes -
l.ielop111Cmt ceedhim, to tmabll.,h county senlce.aredq, -
•OgSly provide for the = see l> 23210Aa. 25210.13. .• _,_ In general 1
P)'eSCAt quid Law Review commentaries ''spheres of Influence 2
j• Co,,p�Ilance by LAFCO with requirements Urban sprawl a
'nCy formationl Oonlniissina Of CESA Were approving annexation pro. "
till n . :111 osais of cities (197G) 16 Santa Clara I..
genCleS. Such studies shut] Ftev" iO3. 1. in oenerm -
.rb ngenclCs and determining their - i�mldcc vial Aid litod•,man aodl'1•' l?device Jt Court would conclude that city And real
COn(1mCtn \ a r estate developer In enteron; into annexa-
g licit studies, the Coal. j e.rlmid 119G,) 11 So.Cal L.R. G7. lion agrceniouts provldolg for clty's annex-
( I..tb'CO and Aped.() Alstilc(s control. ation of oci-cooper's trace As they were de-
sges er additions by amendment (11-72) 23 HasLL.J. 91J, venoped with provlelon for municipal sewer
i;terlsks a a , lndlcate deletions by amendment- -
14 16 Ca1.C06e 14
1977 Vp. 209
§ 54774 GOVERNMENT CODE GO'
system connections Intended to form agree- ,It trd to coun b n ty board of supersnrs $ 54774.2 Spheres of Influence'
mrnis in'conipllnnce with the Knox-Nlxbet resolk I nppror6g, dlsrot idol of district.
Act relating to local agency formation com- Lot accomiwnled resolatlon with letter - county: hearing; r
ou.slun with discretionary power to veto stating that couoml.<ion w'Isheit to ex-
municipal minex Aeons wittiln county, Anti prt.s d.. personal eser,at.on concerning If tiny local Agency or Countyagreement. were not void on ground that dissolution of distr,tt, commission had not Of Itlflilence, the local agpney Ol
they :uafacled with the Act or the public made required Indepeodcat determination file n [ nest therefor w'Ith the
pulley esprevserl Uterein. Morrison ]tomes r.lmho to ad,1,0 al of dr g R
satym dis- C
Colt'. v. City of Pleasanton (1976) 130 Cal. trl,:t. and d,mrNl was entitled to sv rot of commission tit iLs next Mgalnr
kplr. 196. 56 C.A.3d 724. nndate emnnelling rosuni..pin ,,it nu- re5o1
Legislative purpose in Adopting the per%tsors to can,cc I'mcepdblf:s. San MA- Ut10n, shall Set a tlnle mid I.
Knox-Nisbet Act we.% to vest local agency teo Cmanty Harbor Dim. v. Board of a CSCetitil-C Officer to give Notice
formation commission with Substantial nu- Sufi rs of San ]late(, Cuuaty (1969) 77 Cal, prese.rihed in Section
thorlty and discretion to review annexation Rptr. 811. 273 C.A.2d 165. tilt 54774.1.
proposals In keeping fill specified public 2. sphere• of influence - CI'CSf ed persons and C'OnSider
purpose.., to provide the LAFCO kith broad Local agency formation cuolmisnion'a de- Sp11erC of Influenee. 'Pile
objectives and detailed guidelines to be:. COillnd:
1 g from
to detach certain territory ant to Orcced i and discretion.
io the exercise Of its authorlq' from recreation and perk district was not d flay', front (lie
and discretion, and to mandating that the invalid because of commisalon's failure to Qonchlo On of tile. hearing the com result of Its Action he implemented pursu- complete a sphere of Influence plan which
ant- to the appropriate annexation proce- Included a specific sphere of Influence for tile M(plest.
sure. 'Tillie Lewis Food., Inc. v. City Of the district where the western houndary of
Pittsburg (1976) 124 Cal.Rptr. 698, 52 C.A.3d the district was, by necessary Implleatlon. Any local agency or county mill
983.- defined by the commisslon'a action In ere- hill:.e tile Conunissinll to,. the
Provisons of the Knox-Nisbet Act defin- atfng new sphere of Influence line when It Ines reed b ing the powern delegated to county, local made the detachment. Strait Val. Recren- ) (ill` COMMISxion In Coll
agency. formation commission Applied to tion and Park Dist. v. Lest Agency For- the commission ma
the exercise of powers And determinations- matton Commlaslon of Ventura Coun Lhe' request to,. :mlell(hnent Or re,
tyy i S III its or re,
relating to district Annexations and detach- (1975) 124 Cal.Rptr. 635. 61 C.A Id 649. j
mentor Simi Val. Recreation and Park Local ,agency formation commission'A and studied as a
Dist. v. I,ocal Agency Formation Compote- "sphere of Influence" plan for county was part of file per
Stan of Ventura County (1975) 124 Cnl.Rptr. not Inadequate because It Included every Sect1011 54774.
635. 51 C.A.3d fill. - acre-of county in sphere of Influence of (Added L r
Dresentl or ros y existing city, S Stnls.1.174. C. ;{p,U p
Local- de !Rene)' formation commission prop- y p la'.clh'el v G!F.
had declined to decide torsos hither elt-v spree "wall-to-wall dev ll l Celts In county are LibraryMunicipal
references
had ht to a fed bounaxed Into of single wren xvith safeguards
If development Is In accordance C.J.S- Mu Corpoicipal Corporations
sought to be annexed fain two here• for .anti safeguards built Into Knox-KLsbet and � C.J.S. AtunlclyAl Cor 6�46.
purpose of depriving ylnR residents thereon o. Environmental FQLIAIpYormat n C Boxunn v. WmllOne 1 B9 0
then tight I, vole on Annexation men proposals. Local it County
Formation Commission of
missio o I,ncel Agency Formation(19, ) 1Com- x'rnt urn County (1975) 118 Cal.Rptr. 219, $ 54774.5 Urban development pall
RjAr. 4 . Tulare County (1973) I10 Cel. , 529 p 2d 1017. 13 C.3d 261. - t
Rplr. 0 al 3o encyf rin It is file intent Of tilt sir powers
A local ngeney formation d juriiselon n. 3. Urban hone o - t IwIlCies ❑old exercise U1Mr )n
a ty o (: special And molted jo (19 9) 79 Although one of purposes of Iowa agency powers
City J (:area v 4 C. .2 545. a (1969) 79 ' fornmtlnn sprawl
g discouragement COUrwith ore` and provide planned, w'CI
C Action r. f l 27l C.A,2d form of urban sprawl, nothing. o Knox-N/ebot with npproprhde Consldcrntian Of l
Action of total agency tentative
� cmn- Act required commltsions to prohibit Such 1 1
boundaries
s establishing loom Uci futdid continuum At all costa and mere fact that F (Added re renceIrJ74, e. $31, p, 1222
hot of itself
for hve neJof th cities did particular local Agency formation permits
s- t Libra
not r itself tend one of disposal
rinse of r decision. then urban
rived at, pyres or n references
Power to extend sewage disposal seer- giveresults In further to a uDre dose not Zoning Zoning
loesrile into contiguous unincorporated ter., give court right to assume obitf,•atlone C.J.S. Zoning 1 24.
rho h Id. welch legislature entrusted RIc rrupptr. "to272. 4. .
Where local agency (ort'nution commis-: CPeopleA.3d v Beal 17975) 118 Ce1.RDt r. 272, N q 54775. Definitions -
ston.Witt following co hearing on proposed dip.. C.A.3d 216. -
ynlittl0n of county harbor tlla tricl, trans. _ - - � � � Unless IIIC prOl'I51anS Or COnlext r
l",, •'- govern the Construction Of (his Chain
$ 54774.1 Spheres of Influence; adoption, amendment or revision; public hear. (A) "City officer" inepas the n)
!: . ., no.' Ing; notice.. - ).. ...:. city.
The conunissioll ghnll adopt,'amend nr muse spheres of influence niter a public (b) "Commission" means a local
hearing called and held for that purpose. At lenst 15 days prior to the date of to this Chapter. -
any Bitch hearing, the executive officer shall give mailed notice of the hearing t0 (C) "County officer" means a metal
Cecil affected Inad agency or county, and to tiny interested party who has filed n
w'rittml request for such-notice with the executive officer. III uddmtion, at least (d) "Function" men nS any power
15 days prior to the date*of any such hearing, the executive offimr, shall cause to provide designated governmental
notim of the hearing to be publi Shed In necoriante with Section fW1 in a news- hCaefit Or protection Of personA Or pro
paper of generid circubltion-which is circulated within the territory affected by (C) "Independent slmclni district" 1
the Sphere of inflneure, proposed to lie adopted. The commission may continue lad)' all of whose members art elee
from time to.thee ally hearing caller) pursuant to this section. _ ' the district and excludes any special
At any hearing called and held )ul:cuant to this section, file commission shall whole or In part, of ex officio mem
i
hear and consider real written testimony presented by Any nffrcfOd local
agency or who are appointees 0
l agency - does not include any district excluded
or conu[y or any Interested person who wishes to nPlx>a r. " Ilan Act pursuant G) the provisions of
The provisions of this seriioil Shall only apply to Spheres of influence udopted (f) "Independent Special district oft
by the commission after the.effecllve date of this section. of file legislative 1xa] of an Inds
- 6 S pende
(Added by S[1itS.Igi4, e. 3(H), p. Bd3,-$ ]J _ .. .... w (g) "Initiate" or"initiation" menus.
Liprary references = - - - Step authorlzMl or required b tin to
6funycipml Corporations �46r - such Step y S
C.J.S. Municipal Corporations 1 88 at sea. '� - e p being one of the followin .
Underline Indicates changes or additions by amendment Asterisks • • • Indicate deletions h'
210
I
CODE GOVERNMENT CODE § '54775
ti m caunq !ward 1, supervisors t� $ 54774.2 Spheres of influence; amendment or revision; resolutlon of agency or
ni°^ nDprovh,g tlls-sullen of distrlc(, county; hearing; reimbursement of costs
accompanlol resolution with letter
.e (ape onai lslon w..i c in en- If any local ngency or county desires mncndmtent or revision of an adopted sphere
tls l ceio rcgioll ,is concerning
ua,n„ of d"(11". commLal»„ hilt] not of influence, the local agency or county, by resolution of its legislative body, may
rcto redR" mdillt, r msol'.,ms um, file a request therefor w9th the executive officer who shall present the sonic to the
,cad A vet flea biinlq enU(rltds tlo�tFrlt IPf
° - commission tit Its next regular mMtlug. '1'ha commission, upon receipt of such a
etc cmnneln Og co,n„u...h,n and eu- resolution. shall sal a tllne null d g reate for hearing of the f nest and shall direct the
Fors to •ncatn nrnreedinge. San Va- I
.,aunt)' linribr lll?i. v. ROard nr
e71. 273 c.aza 165. executite. officer to gi)-e notice of the lien ring tit the Limes and in the manner
n can Slaleo Cnauty (1969) 77 eel. prescribed In Section 7v1774.1.' At the hearing, the commission shall hear any
1,
)heres of influence - interested lemons and *consider the requests for nmendment or revision of tile
at agency formation commission. de- sphere of influence. The commission may continue the hearing from lime to time
nation to and
Pa certain territory not to exceed 70 days from tile, date specified fit the notice of hearing. At the
nation
recreation and perk ertai ct erriwas not - U b
J because of commisalon'a failure to v,r conclusion of the henring the commission shall deny or approve, in whole or In pnrt,
ete a sphere of Influence Plan wbleb ` - - ' ''
.ed a specific sphere of Influence for j1g fhC regUest.
strict where by necessary the western
ound implication of
strict was. F� Any localagency or county making n request pursount to this section shall reim-I
d by the commission-3 action in cre- 4. burse the commission for the ° • • actual and • • • direct costs • •. ,°
new sphere of influence line when It
the detachment. Simi Val. Recrea- $ incurred by the commission in complying with this section; provided, however, thatnd Park Dlst. v. ]pail Agency tor- the commission may fit Its disembon waive Such reimbursements If it finds that
a Commlaslon of Venture County
124 Ce1.Rptr. 635. 51 C.A.sit 618. V the request for amendment or revision of a Sphere of Influents can be considered
tl .agency formation commission's •.i 1 and studied ns it part of the periodic review of spheres of Influence required by
re of Influence" plan for county' was -
,ade0unte because It Included every . , I Section "774.
If county In sphere of InOucnct or (Added by Stats.M—I, c. 300, p. ON, § Amended by Stats 1970, e. 31, p. $ 2.)
itiY or DroapectivCb' ..Influence
city. i
well-to-wall" titles In county ore ) Library reftrenbea :. ..
iatble If development is in accordance I munielpnl Corporations yC /6. -
afeguards hunt Into Knox-Nisbet and '�{ 11J C.J.S. Municipal Corporations 1 88 et sea.
mmental Quality Acts. 7iozung v.
Agency Formation COmmlaalOn of t
rn county (1975) Its Cal.Rptr. z1s, 1 54774.5 Urban development patterns; preservation of open-space lands
:a roil, 13 C.3d 263. - It is the intent of the Legislature that local agency formation commissions establish
ban sprawl
ough one of purpose, of local agency I policies and exercise their loofas pursu:urt In this chapter in such manner to ell-
:Ion commisstons Is discouragement courage and provide planted, w•ellrordered, efficient urban development patterns
ml sprawl, asthma In Knox-Nsuet, � tcith appropriate consideration of preserving open-space lands within such patterns.
on at commissions to Prohibit such f
on et all costa and mare fact Clint (Added by S[rtts1974, e. 531, p. 2'?L^' § 1)
ilar local agency formation permits
commit,- L '-
1c"Of, legally arrlved nt, permits or Library references
In further urban sprawl does not 9. 7.aning 42=12.
'ourt right
2,1 6la esaume obllgga Done •TI C.J.S. 7.nning 1 24. . .
la.Islature entrusted to comma gains. --" - '
t•. Beal (1976) 119 Cal_Rptq 272, 11 � g 54775. Definition!
Unless the provisions or context otherwise require, the following definitions shall
govern the construction of this chapter: -
,dment or revision; public hear.
�• (n) "City officer" means the mayor or it member of the legislative body of [be
pieces of iutlnenee after a public }i (b) "Commisslon" inenns a local agency formation commnission created purgunut
'list 15 days prior to tale date of j to this chnpter.
e mailed notice of the hearing to (c) "County officer" means n member of the !ward of supervisors.Interested party n'ho has filed a
.ve officer. La riddlti0n, at least i, (d) "Function" menus any power granted by Intv to a local agency or a county
the executive officer, shall cause {j to provide designated goveinnumhil or proprietary services or facilities for the use,
ace with Section 0(NII Ili n news- '. Ix!mef1C ar pr'OLCCtlptl Of ln!rsonS Or pr01K a'q'.
within [hr. territory'affected DT r (e) "Independent special district" Includes tiny special district having a legishatloe
The commission nmy ttnitinna )
body all of whose members art, elvetcd by registered votem or ;it idm)aaCls within
to this scrtion. the district rind excludes any special district having a legislative lotly consisting, in
ass scrtion, the couuuias(on shall ' i whole or in part, of ex officio mennl,e-s who are officers of a county or another
lted by any 10 c nl lace! agency ".' local ngency or who are appointe„s of such officers. "Independent special district"
ppear. 1., !toes not include any district excluded from the provisions of the District Reorg;mirn•
tion Act pursuant to the provisions of Section 56039 of this code.
to spheres of luflucllcc adopted -
Mon. - �(q "Independent special district officer" means the presiding officer or n member
of the legislative body of an indlglcudent special district.
'• i (g) '•Initiate" or "iaitiation" means, in the case of prott sliu;ts, the fh'sL procedural
step authorized or required by any law for the commencement of such proceedings, _
such step Iteing one at the following: '
lgea or.additions-by•amendment . Asterisks ° • • Indicate deletions by amendment -.
:. �' 211
§ .54775 GOVERNMENT CODE GO'
"s
(1) The circulation of a petition requesting any proceedings; ,�•: '• } any defect, error, irregularity o
(2) The filing with tiny officer,of a county or a local Agency of a notice of Inter• 6 Which does not adversely and s
tion to circulate such a petition; or „• ![ county', district, the state, or nu
(3) The adoption by A legislntive body of a county or a local,agency of ally resolu- nations made by a conuuisvion u:
lion,order,or ordinance initialing proceedings on its own motion.,,, „ . ,,,.n shall to final find Conclusive In
(It) "Local agency" menus a city or a special district. cretion. III any action or procel
(1) "Prinelpal county," In the case of a special district whose territory Is or will mission, the Sole Ingnirp slrfill Iv
be located in two or more counties, shell have tie meaning coutaimel In any definition t discretion. Prejndirial above of
of "principal county," as set forth In the law pursuant to which Bald special district r Ihat any detennivalion of n roll)
was or is proirn.sed lobe rnrmed. If the law pursuant to it),fell the special district 1 In light of the whole record.
awns, or Is proposed to be, formed contains no such definition, for purposes of this 1 (Added by Stnt_c.1776,r.b'!1;;,p. -
chapter "principal calmly" means the county hawing all or the greater portion of the -
entire assessed value, as shouvn on the last equalized assessment roll of the counties,
of the taxable property In, or proposed to be included in, the special district. . g 54776. Quarters, equipment and
(j) "Proceedings" means the procedure :uuhorired and required by tiny law for 1, Exoen.es In aenerai
The expense of publishing notice r the iucorporation of it now city, the formation of n special district, the annexation Inc by the loco) agency formation r,
of territory to a local 1)gency or tile exclusion of territory front a city, or the disin- stun, created by 4 54780. on tin npp�
corporation of a city, for )^corporation of or annexation
(k) "Proponent" meiins any person Intending to circulate or cause the circulation � g 54776.1 Estimate of amount o
of tiny petition:. ..-. - - claims
(1) "Service" means a class established within and as a part of a single function, S On or before [he loth dap of
as provided by rules and regulations adopted by the commission pursuant to Article 4
(commencing will' Section 54S50)of this chapter. . to the board of supervisors an e
(tit) "Special district" m s ean an agency of the state for the local performance of i Purposes Prescribed by Section W'
governmcutal or proprictar) functions within liaited boundaries. "Special district" of supervisors shall provide for 0
does not include the state, a city, it comity, or n school district. "Special district" } Ole amount of nlonep m fixed by
does include a county service area but does not include a special assessment district and allow or reject all claims to.
formed under the Improvement Act of 1911, the Municipal Lnproreuaent ,let of 1913, slant to the provisions of this oh:
the Street Opening Act of 1903, the Vehicle Parking District Law of 1943, the Park-
ingrejection District Lay of INA. the Pedestrian Mall Law of 1%0, or any similar assess- F (Addell by Stats.1969,C. 1301.p.254
molt law, or tiny similar procedural ordinance adopter) by a chartered city. -Special § 54776.2 Destruction of records
district" does not include an improvement district or zone formed for the sole purpose !
of designating an area which is to heur it special tax or assessment for an improve t The commission truly at any h
meat benefiting that area. li record, paper, or other document
(it) "Open space" means any parcel or area of laud or water which Is essentially f is retained In the files of the ct
destruction of original records no
unimproved and devoted to:ua ulen-space use as defined In Section G55W of this code thereof Is made and preserved.
(o) "Open-space use•'means any use as defined In Section G5500 of this code. - (Added by Stats.19G9,c. 1301,p.234.
(p) "Prime agricultural land" n)eans land which qualifies for rating as class I or § 54776,3, Fees for filing and pros
class 11 in the soil conservation service Innd•use capability classifications or land Notwithstandingthe
whichqualities for rating 80 through 1110 in the Storie Index Ratio provisions o
q K g- establish a schedule a( Ares for. fi
(q) "Agricultural preserve" means all area as defined in sulxlivisiou (d) of Section commission pursuant to Section M
51201 of the Government Code.
Pursuant to Sections 561�2 and 5G1
Amended b Stats.19G7, c. 0'20, p 2373, g 15; Stuts.l9RS, c. 1261, for extension o[ its powers, a sou
( y : P P. 239t1, § 4; Slats.
1970,.c. 1249, p. 2244, § 2.G;,.Stats.1974, c.,531, p, 1222, g 3.) _ , . hundred dollars (C)00), and may e
pnrsu,utt m such a )nlicfitlon.Library references - - fI
lt'ordn and Phrneea (Penn. F.d.):_ ), (Added h)' StntS.1970. t•. 1249, p. 224:
4 54775.1 Time requirements In chapter .- - § 54777. Executive officer
In this chapter, provisions governing the time within which the executive officer 1. In 1Gpeneral '
or the commission is to act shall in all instances, except for notice reIluirenents, core Magbloo ee�neUmlaitlon commimlon
be deemed directory rather than umndatory'.-,- , or e.ecuuve of
(Added by Stats.1976,c.893,p.—, 1.) 1_. g 54777.5 Refirement•beneflts for I
. . ,:.a. , to contract -o, • . i
g 54775.2 Liberal construction; • validity of commission resolutions; finality. of
The f personnel
may motets[ (o•
. _,. commission determinations; review or stall persouucl pursuant to the
This chapter shall be liberally construed to effLTtarate Its purposes.. No con- the Public Employees' ltetiroment L
mission resolution snaking determinations upon a proposal shall le Invalidated by cal benefits.
Underline Indicates changes, or additions by amendment Asterisks • • • Indicate deletions I
212
VT CODE
GOVERNMENT CODE § 54777.5
any prott diags;
' t+ �x, any defect, error. Irregularity or omission in tiny act, determination or procedure S ar ¢ local agency of a notlee of fntenfih7t- 1 which does nrH Adversely noel substantially Affect the rights of any person, city.
1 taints or a local agency o nn do t7 1• county, dmf riot, the state, or Any Agency or subdivision of the state. All deternl- j
s on Its oleo motion f y resol3_ ., nations made by a commission under and pursuant to the provisions of this chapter
:I district. •• ,r eV g;+,;,- shalt ix. final and conehi ive In the Absence of fraud or prejudicial abuse of dis-
way
or
to review
ecial district ivhasc torritor•GIs or�icIII mission. ti e sale Inquiry shalproceeding
at Nether there awas ny dfrnt diortPrcJion ndfcinlade iabuse of
the meaning contnlnel In n 3-
pursuant to which said slxxiniedistri1 n y di.ccrclimi. Prejudicial abuse of discretion shall he established if the court finds
Pursuant to which the special dfstrict' ,?• in light o(det the rtt�inationhole o it commission teas not supported by suhstuntiul evidence
to such definition, for purposes of this basin all or the greater (Added by Stats.1976,c.SM p —, 12)Itulli7k
g III it of the
Included itl,ethe Qnt all of the counttes,tit . . ..
thodzed and required bls[rict - ''•��- ! 54776. Quarters,egulpment and supplies, expenses
m 0( M1 S(H!Cj:11 tllstriC[, Y any last for 1 : 1. Expenses In general rltory to a local agency should be paid by
the nn = The expense of Publishing notice of hear• the county as a usual and necessary oper-
7 of territory from a t ❑exafion far by the local agency formation commis- atln r expense incurred by the commission.
t}', Or the disin� slon. created by 1 67750. on an application pursuant to this section. 17 Ops.Atty.Ocn.
for Incorporation of or annexation of ter- 26. 1 27 66
ig to circulate or cause the Circulation - .. - :- ., . ., -� •.A�:.,.
It .;: . , - . e�� 4 54776.1 Estimate of amount of money needed; allowance by board, audit of
:1111 And as A Part of A 9111. function' .skit - -."' •..
61e ction; - claims �'•-
'y the Commission pursuant to Artie On or before the 10th day of June the commission shall prepare andrtrabsmiit
r' " i• e 4 °+- to the board of supervisors art estimate of the amount of money needed for the 1
Life state for the local performance of `fix, purposes prescribed by Section 54776 during the following fiscal year. The board '
r A school
of district.
''Specml district" of supervisors shall provide for the use of the commission during said fiscal year
r n school district "SPCciril district'- - the amount o1 money so fixed by the commission. The county auditor shall audit
t Include a sfalclal assessment district and allow or reject all claims for expenditures for county charges Incurred pur-
e Municipal Improvement Act of 1D13, scant to the provisions of this chapter In lieu of, and ivith the same effect as, al-
irking lllstt'ic[ Zinc-of 1943 the Park- lownlce or rejection of claims by the board o1 supervisors.
I Lau, of ' or Any Sim �
ilar as ...;. (Added by Stats.1969,c. 1301,P.2541,14-) .,a,. . : ,i.o..�,. •.
adopted by a chartered city. "Sl/ec¢I let or zone formed for the sole purpose 4 54776.2 Destruction of records
al tax or assessment for at, improve- The commission may at any time authorize the destruction of any duplicate
record, paper, or other document If the original, or a photographic copy thereof,
Of land or water wlifeb js essentially
a• Is retained in the files of the commission. The commission may authorize the
defhod in Section 4ueU(1 of Ihls code. '�' destruction of original records more than two years old it a photographic copy
J In Section _ thereof is made and Preserved. ,. .i
0340 of this Code. - 1k;N�S (Added by Stats.1969,c- 1301, p.2341, 5.) - - - -
"ell qualifies for rating {i r
Ise cn 3 Cpabait• laSSjfiC a. Class I or 1 54776.3. Fees for filing and processing applications
:Iti0119 or land
itorleitorle I, CX U t�ing — Ey Notwithstanding the provisions at Section-(1103 of this code, the commission rally
defilled In suhdivjsi H( establish a schedule of fees for filing.find processing Applications tiled with the
on j
(d) of Section �. cmuullssion pursuant to Section M791. Such fees shall not exceed those charged
pursuant to Sections 56132 And 56133. When a special district files An Application
tats.10G4, c. ]261, p. 2350, § 4; Stets, {r for extension of its Imwers, n commission may cliarge a fee not to exceed floc
- 1222. 1 3.) - h
. { hundred dollars (t;r00. And may establish A schedule of fees, for costs Incurred
., y6 Pursuant to such Application.
.. f' (Added by Stnts.1970, e. 1249. p. 2245. 4 3. Amended by Stats.1976 c. 31, p. =. 1 3.)
.. _ .. .. -. .. ........ .... ..... ...i.,..,. .. .,,...,- -.
Mthill wldc'h*file excel t officer 1 54777. Executive officer .' ,t,�,,,,, _~•' :-,.
es, except for notice re uirem• 1. In general - and counsel In a single position designated
Locs. agency formation commission may..'as executive officer-counsel. 51 Ops_Ally.
tambine the funcllons of executive officer ..Gen, M. II-21-65. , -
' 'r 1 54777.5 Retirement-benefits for exetutive officer or staff personnel; authority
mmisslon rcsolutlons, finality,
of f ` ' '' 'to contract . , • - . a',,. ,, ... ,4 , . •.
+'• "7•be commission may contract for rellivnient benefits for the exccutive officer
offl'ct wife 4s purposes. No cam tir shelf Persnunol pursuaut to the County Einployeca Rctiroment Imw of I937 or
i Projiosnl Shull be inrnlidnµ'd by. the I'utrlle IiuipW)'ees' Rellrenunt I,:nc. It any also Procure for health and aedl'
an es or cal benefits:' - ' � j
B additions by amendment '
Asterisks"+ • • Indicate deletions by amendment'.""'I 213'
• I
r
§_ 54777.5 GOVERNMENT CODE GO\
The commission shall preserve accrued vacation, sick leave, compensatory time, ` - In the event the office
and retirement benefits of persons hired from • • • wilhbn the employme"t of r( C of n t
m
Hare member is nnthUrizcd to v
their respective county.
f cool (Iual([ic•ntiou of n regular coo
(Added by 1Ka[s.79fia c 1201, p. 0383 15. Amended by Stnts 1970 c 31 :P '—, § 4.) •
:. .. .... I _. (b) Two reprrcentil,g (b, citios
4 54778... Assistance,; records and Information examination and report by,county Gmq :gg)o'nreel by the city' ¢9•
sril,;I. officer or employes,.. .: ..i . ' . ->n - - I shoal[ to Sl tlou t',9;,caur nlrr'n:rh
The,..•,.•...• . officers and employers of • . •...• stay city, count•, _• • • t
special district• including school districts, and Any regimrnl agency, or state agency 1 (c) One representing the genera
the rotnmislon.
or department as fully be necessary, shall furnish the executive officer with any re e. 3 (Amewled by Stlrts.I t105, r. 8.10, p.
orris or information • • • in their possession which may be necessnry to assist Law Revlew commemarlea
:: ... ,. :`....the commission.,
AF•CO end ¢pedal tlb(rictn p
Upon request by the-commisslon-or the executive officer, the-county surveyor, 0972) 23 HssI.L.J, 913.
1. In general .
or such other county Officer oreniployee as the board of supervisors cony desig- Court would conclude that cur am nittC, shall exillninl` and report In Ilnl` commission OT the CYl•CUIIcC Officer UpOR [Ion estate
qg O<meOfxr proveling ng into
a,
any application or other document involving any of the uwtters specified in sub- noon l; dcvelopar's trade no 'her wet
division (f) Of Section a4790.., , . ._ i veloved w'I[h provision for e
monist el")stem conneclinne Intended to farhl
(Amended by Slais.1978,C.31,D•—, 5J rent, In compliance with the Knox-a Art re!Iud nR to local agency formnum,
mission with discretionary Power to
§ 54779.5 Jurisdiction vested In other than principal county; requirements munlctpni annexatlonS within cmmt)
Rrecments were not .old on ground
Notwithstanding the provisions of Section 54779, if any proposal involves a t they con
special district which Is, or as R result of R proposed Incorporation or annexation ' Poucy expressedtacted with the Act or the therein. alorrison H
Corp. .. City of Pleasanton (1976) 130
would be located in more than one county, exclusive jurisdiction for that proposal ( Rptr. 196. 58 C A.3d 72t.
over the matters Rathorizdd and required by this chapter may be vested in the tJ -
emmmission Of m county,-other than the principal county, in which territory of the 1 4 54781. Composition In county with
special district is located or is proposed to be located,provided that:
(a) The commission of the principal county agrees to having the exclusive purls- If there Is no city in the county,
diction vested In the commission Of another county; and .e IMpil its follows: .
(b) The commission of the principal county designates the cornmisslon of another (ti) 'Three representing the county
county which shall assume exclusive jurisdiction; and ,. - their own alemlrenh;p. The lanai e
(c) The commission of the county so designated agreesto assume exclusive ju- who shall be tin alternate "'chiller .
risdletiou: .' �. ... : .. -
t and vote in place of nay Sapel'.Itmr
(Added by Stnts.1071 c Ms3, p. 421 5 1.) qualifies himself from participating
Library references - - i.- ' In the event the office or It regii
Counties C:n
C.A.S. "ties If 23 27 ante nuaober Is nurhorired to ncr)l' a
; ,,.. . plolilicntion of:I recut,_ Count' meal
ARTICI,F. 2. CREATION OF COUMISSION AND SELECTION OF (b) Two representing the general
COMMISSIONERS Of the commission.
(Amended by Stats.190S, c. 8-20. 1). lit•
See.. ,.
54782.5 •Alternate public member,appointment; duties[New]. - 9 54782 Composition In count 54782.8 Independent special districts-.selection of members .; selection committee p y with 0
[Nelv]. --• : : -
_. . __.. _._. :. ... If there Is only one city in the coil,
54782.7 Appoiutmentof public n,cmlers [Newt hers, selected as follows:.
54784.1 Rules and regulationsdisqualifying members from participating In review (a) Two representing the county, I
of proposal [New]. their own membership. The board of
4 54780. Creation; composition "" ",.-•.).s ..c who shill) be an filter.lfitP member of
There is hereby created hi each county n local agency formation coulmisslon. atilt vote 4n place of tiny swpervlsor o
F.xc'ept as provided in - • � • • Sections 54781 and54782, the commission shall qualifies 11 W f front Iiarticipatlng In
consist of five members, selected us follows:,., In the event the office of it regular
,.•,, ., '.. member is authorized to sea wi m ll T
(:I) I'wo representing the county, appointed by the •board. of.supervisors from qualification of R regular county membx
their own membership. :.The board of supervisors shall appoint a third supervisor (b) One representing the eity. who si
who shall be an alternate member Of the commission. Ile is authorized to serve and lathe body of the city. The le vote in place of any supervisor on the commission who.is absent or who disqual- glslatl'
i ties himself trom participating in a meeting of the conunission.. alternate member wh i shall serve and
" • regular appointed-city representative.
Underline Indicates changes,or additions by amendment Indicate deletions by
... Asterisks
214
L
IT CODE
GOVERNMENT CODE § 54782
IcaUo➢, sick leave, colmlensator time fit`
In + • +, In the event the Of(lcr of n regular county member becomes vacant the altery
within- the employment at is nate mcnibet Is umthurizcd to sen'e and vote in his pines until the ;Ippoilumeut
nemded by 5t nIs.197G c 31, to m, °p1I qualification of n regular county mender to (ill file vacancy.
• . ul (b) Two trproseidiug the cities in the county, each of whmn shall IW it city of-
In; examination and
-report by county:'+�'' fiver, nppolnted by the city wdcetlon couuuf ease.. The city selection cOnunitH'C
hall also desigmmtc one alterlato member win simll br• appointed And serve pur
• ,,.•-� 3 � • .,*•`r.;j4, sunlit to Section :AT84.
.. -all ' city, County..
1 Any rrgimml ntimncy','or s[ntC'Ageey• : ; (c) One representing the genend Public appointed by the other four members of
the
n.
ISA the executive officer with (A nee WRded by tiSfats.I Z, c. SLG, p, 151M, } 1 ; -Stalts.1976, c. 31, p.
;ion which may y be necessary t0 ass Law Review Commentaries Residents of areas to be annexed to city
LAFCO and special districts control. were not deprived of fair hearing by virtue
(CCutive Oflieel•, the county surveyor, ••I} (1972) 23 Hast.1,3. 913. In in annexation county
property wamemse Involved
e olved
the f lo-
hoaird Of supervisors may (ICsig - 1. In general cal agency formation commission were also
IsSiOn Or IAC C]t•ell[7 ve officer upon ,e�'• estate rtde•eloper cold aInllentering innto annexa- M. eyersr v. Warncde that ciy and real memes of of
AgencyerFa maUonoCoin-
any Of tine matters s"riej in aUIT tion agreements providing for clty's annex- mission of Tulare County (1973) 110 Cal. _.
` stion of de'eloper'a tracts as they were de- Holt. 422. 34 C.A.3d 956. - •
'
veloped with provision for municipal newer The expense of publishing notice of
.r:3' .system connections Intended to form agree- hearing by the local agency formation
ments In compliance with the Knox-Nisbet commission, created by this section. on an
Act relating to local agency formation core- application for Incorporation of or annex-
'incipal county; reQ➢Iremea l9 '•' mission with discretionary power to veto atlon of territory to A local agencv should
Ss�r' municipal annexations wfthln county. and he paid by the county as a usual And nee.
54779, If any proPosAl llvoly J agreements were not void on ground that essary operating expense incurred by the
eS a - they conflicted with the Act or the public commission. pursuant to t 61776. 47 Ops•
rOPOSe'tl 1➢c➢ i
rporation or annexation 'll Wiley expressed therein. Morrison Humes Alty.(3en. 26. 1-27-66. . ,
.'IOSIee Jurisdiction for that proposal Corp. r. City of Pleasanton (1976) 130 Cal. .,
this Chapter ma P pOsnl Role. 196. 58 C.A.3d 724. - -
y he tested In the r61 '
•a] county, In which territory of the I#I 4 54781. Composition In county without a city -
tted,Provided that: -
igrees to-having the exclusive Juris• If there Is no city In the County, the commission shall consist of five menbers,
tY; and - ,I selecictl as follows:
2signntes the COmmISSiOn of another P (n) Three representing the county, nppolnted by the board of supervisors from
and .. ... their mvn menllership. The loam of supervisors shall alilioint :t fourth supervisor
Acd agrees to assume exclusive ju- �J who shall be nn alternate member of the commission. fie Is authorized to serve
: _ ', and cote in Plum of ally sapevisor on the Commission who is absent or who dis
gnnlifies himself front partici p sing in it meeting of the Commission.
In [bc event tile office of it regular coun[c member lecouu:s ene:ult the alter-
note nieudier is authorized to serve and vote in his place until the aplpintinent and
gnalificatiou of a regular county moodier to fill the vacancy.
ION AND SELECTION, OF _. }/ (b) T%vo representing the general public aplitinted b)- the other three members
of the Commission. .. ,
f (Amended by Stnts.I W. . a 820. 1) 1384, } 2; Stats.197G, C. 31, P. } 7.)
"ties[New) -
Of,members;- selection Committee 4 54782. Composition In county with one city ,
If there is only one city In the county, the commission shall consist of five men-
. .r . , ... bers, selected as follows;
IbCrs from participating In review (a) Two representing the county, appointed by the hoard of supervisors from
their Own membership. The board of supervisor; shall appoint 'a third supervisor
who shall he all alternate member of the commission. lie Is authorized to serve
:Il agency formation commisslnm and tote 4n place tf any supervisor on the commission who is absent or who dis-
and ;4782, tbC com gtlnllfies himself front participating in it meeting of the Commission. . , . .
In the a m event the office of regular county member bCi➢ea vacant the alternate'
the ,tonrd of r s . : - ......mission shall In
nwinber is nmthorimd to serve. and cote In his pince until the appointment and
pervjsors froin .� qualification of a regular County member to fill the vacancy. •• i- : I
sh;lll appoint a third supervisor
"I. lie Is authorized to serve and (b) One representing the cit3•, who shall be a city officer, appointed by the legls
1 wlo is absent or who disqual- lathe body of the city. The legislative body of the city shall also designate one
he. co➢maiSsjOu, alternate member who shall serve and vote in the absence or disquallfientlon of the
,gas or additions by men a r, regular appointed city represeatative
dmant Asterisks a e a Indicate deletions by amendment
"'t 215
54782 GOVERNMENT CODE GO)
In the evcut the office of the regular city number becomes vacant the alternate ecedings of the commission with
city member is Authorized to serve and vote In his phice until the appointment and • shall serve and vote in his place
quali(iemiou of it regular city member to fill the vacan _ i lit the event tile office of n
j
(c) Two representing the general public Appointed by the other throe members mate member is nuthorize.l to scr
of the commission. - -- j quupirdeation a( a regular district
(Amended by Slit4.1911a c.-820, p. 1584, § 3; Stats.1976, c. 31. p. —, § 8; Stuts.,. (Added by MAILS 1970, c. 1240, p, 2
1977. c. 90, It. § 1.) - - - §2; Stats.1976,c.31,P.—.§]OJ
454782.7 Appointment of u
4 54782.5 Alternate public member, appointment; duties �� ,., _ � - public i
When a commission is enlar 1
When Appointing a public member pursuant to • section 54780, ;rd781, (tu public tnemtters np)oiated p
or 54782, the commission nkay also nploint nu alternate public uiemler who shall thcrenfter be appointed by mend,
lie authorized to scree And cote in place of it regular public member who is rib- and special districts. Such appo
sent or disquallfics himself from participating in itnncting of the c llmaission. , mnuner provided In Section a4783.
In the event the office of a regular public niemller becomes vaennt the AU-- n[, I (Added by Stats,1971, c. 1241, p. 24
member is authorized to serve and vote lu his place until tile. appointment mud qual- I library references -
e
Ifica[ian of a regui;ar public member to fill elm ynrnnc}•. �- Courtm, 3=6t,Municipal Corporations 4S=126,
(Added by Stats.19M, c, M. It. 1584, §4. Amended by Stets.1976, c. 31. P•'—, § 9.)
§ 54783. Terms of commissioners;
§ 54782.6 Independent special districts; selection of members; selection committee t EXCelit for the terms of office or
The commission of nny county shall I, enlnrg m ed to seven emlters If, pursuant 1 of office o[ each member shall be I.
to Article 4 (clunniencing with Section 54950) of this chagiter, the commission of cation of his successor. The meull
nny county (i) ordem reprvse•nlahou of special districts upon the c unnlsslon and selves by lot sti that the term of off
(if) adopts rules and reguiatious affecting the (unctions and services of special s two yearn of the(,(,
members Is thr ,
districts. In Addition to the commission members selected pursunnt to Sections enlargement of the connnlssion to
54780, 54781 mud !A-,S2, two commission mPml,ers shnll be selected by out independent f[ the nee' mmnbers first olu4vl I
n Pr
special district selection committee to represent slerial districts lit the county. /p}sj cl;asslfy themselves tat that t
The independent special district selection committee shrill consist of the Presid- f non• nusnler coincides with the exi
lug officer of the Icgialnth•c body of each indepeudent specal district; provided, ([([ by the original two-your term menr lowever, that In the event the presiding officer of an independent special I rrict —
will be unable to attend A meeting of the independent special district sdeetlon cum- sal of the orher new realer comet•
mlttoe, the loglsbrti%e 1i ly of the district rim}• Appoint one of Its members to attend fide n•pn•sented li}• the. original four
the nicating of the selection cononitlee in the presiding officer's platy. Site]) dis- The Isuly which originally-appal n[etl
tricts shall Include districts located wholly within the cowtty and those containing his successor for A full term of foe'
territory within file Monty representing fi(i percent or more of the nssysscd value time And without cause by the body
of taxable property of such district, :Ili shown on the lost equalized county assess- term of office of ench member shall 1
menr roll or rolls. Lnrh meutler of the committee shall be entitled to one cote for his term Is to expire. Any vac;mq.
cacti Indepeudeut'slecial district of which he Is the presiding officer and menr filled for the unexpired term by app,
lees mpresenling a majority of the eligible districts shall constitute a quormt. ed the member whose office has becon
The executive officer shall call and give written notice of all meetings of the - The chairman of the commission s
members of the selection committee. A meeting shall lie called and held (i) whenever
itvacunc•-v exists uutong the members or Alternate memliers representing Independent Commission members and Aligarh
special districts.upon the commission or (if) upon receipt of a written request by their reasonable and necessary expen
one or more menders of the selection committee representing districts hating 10 forming the duties of their office.
percent or more of the assessed value of taxable properly within the county, as meat of a per diem to commission me
shown on the last equalized county assessment roll. .. - _ ,;..,, - are in attendance at meetings of the
The selection committee shall Appoint two regular members And two Alternate (Amended by Stats.1970,C. 1249,p.224i
members to the commission; the members so appointed shall tie elected or ap- t. in general .
pointed spacial district officers residing within the county; provided, however, Mentoers of the board of suprrvisors
that the members so A i inted shall not lie members of the governing body of a Ventura county, t,hfle ser%In: as rnembe
1 Ili g g c
city or county. If one of the regular district members Is absent from m commission of the local agency formation ommo,Sl,,,
meeting, disqualifies, himself from participating In a meeting or is automatically dls- ` § 54784, CIt • . ;.• p
qualified. from participating therein, tile Y selection cue Alternate district member is Authorized to m all a
serve and rote In his place.for that meeting. \\'heu,the commission Is considering In each Munty containing two or m.
Any proposal affecting the district for which the regular member is a speciul.dis- to the commission shall be appointed
trict officer, such member is automatically disqualified from pardelpating In pro- the county pursuant to And It the man
Underline Indicates changes or additions by amendment Asterisks • ! • Indicate deletions by r:
216.1
( CODE GOVERNMENT CODE § 54784
member becomes vacant the alternate , credings of the commission with respect to [l+e proposal all,) the niternnte member
in ills glues until the nppoln Unent and shall serve +cod vote in his Place upon such proposal. .,
7e To the event the office of it regular district member )wall)" vneant the alter-
?pohtcd by the other tAme membcrs
.r ` 3- nato member is nu carve
thorlml to and cote in his place until the nppointment and
M` • qualification of a regular district mrmllrr to fill the vacancy.
Slats.1978, c. 31, p, 1 g, Stnts� •; (Added by SttttsA970, e. 1249, p. 2246, g :1.2.. Anteuded by Stats.1971, c, 1241, p. 24%,
1 21 Stats.1976,c.31.p.—.410.) ... .,.r
tit; duties - r 1;', 4 54782.7. Appointment of public members'1"it to • . ��'. When n commission Is enlarged to seven members as provided In Section 54782.G,
Section 5478f14 fA7g1; the public memlKm appointed purxunnt to Section 54780, 54781, or rMS2 shall
n niternnte public nleutber who shall. the .after be appointed by members of the commission representing cities, counties
a regular public member who is ail•
and special districts. Such appointments shall lee wade n[ the -times and 1n the
in a meeting of the eomnuiwion. +nnuner Provided In Section ;A783.
nemlx!r tk`comrs vacant the alternate (Added by St.ats.1971, c. 1241, P. 2410, 13.)
Place uut11 the a -
DpotutniPnt salt qua[-' Library ount references -- -
vaCanc}'. _ �� Counties �01. -- t : - C.J.S. Counties 4 1or
Municipal Corporations P12C C.J.S. Municipal Corporations 99 e65-I6T. '
vdctl by Stats.1976, c 31, - t - - _
P. — 1 9.)- .t
- .- �• 1 54783. Terms of commissioners; vacancies; chairman; compensation; ,expenses
Ion of members; selection committee 4j ,Except for the terms of office of the n+omtrers of the first commission, the terul
urged to seven mantels If, pursuant I of oftlm of each member shall be four years and until the nppolntmeut and qunlifi-
of this chapter, the Commission of cntion of his successor. The members of the ftixt commission shall classify then- I
f districts upon the commission and selves by lot so that the term of office of one member is one year, of one member is
.e functions and services of special two years, of two members Is three years still of one member is four years. Upon
nber's selected pursuant to Sections y-, cnlargemen+t of the commission to seven members, as provided 1n Section :A782.6,
s shall br selected by tin independent tile, new members first npp ointe,l to represent Independent special districts shall i
ettt special districts in the county.
Prudent Special district; provldctl,
classify themselves by lot so that the expiration date of the term of office of one
manta shall consist of [he presld- �4 new member coinddes with the existing member who holds tile represented e Office
t
r of an independents hp the original two-year teen meitioucd in the pmmding sentence of this section
Iurceti distract I I
srdent special distract selection coo- a�• and Of the miler new memlKr caiucides a'i[h the exist0lg mmn(Kr who holds the Of-
IppOint one of Its members to attend five repnvsented by the original four-year tern mentioned fit the preceding sentence.
preclding officer's piner•. Such dis. i The 1>,+dp which originally appointed it uwmher whose term lips expired still][ appoint
�iin the can++ty tall those containing his successor for it full term of four years. Any member nay lie removed at any
cent or more of the assessod value T time Pall without cause by the bode appointing biro. The expiration date of file
tin the last equalized county asspss-
tee shall 1r entitled to cane vote for y{ term of office of each member shall be, the first Monday In May in the year in which
is the presiding Officer and coca- �) his terns Is to expire. Any vacancy Ill the membership of the commission shall be
ill rids shell ing Office n ,r filled for the unexpired term by appointment by the body which originally appoint-
_ quortmn. ed the member whose office tins become vacant. .
it ten notitro of nl! meetings of the + The chairman of the commission shall be selected by the members thereof.
De cutlet and held 1i) whenever r1
e Members rrprestntthg Independent Conlmisslon members and alternates >hall le reinibursed the actual nmounts of
on receipt of a written inquest bt. their reasonable and ucmssary expenses incurred In attending meetings and in per-
t representing districts hntdng 10 forming the duties of their office. The Ioard of supe isorn may authorize pay-
tile propeffy within the county, ns meut of a per diem to commission ntcralrera end alternates for each day while they
I. ,...,. ....: ...... ..:........ .... . �.,. am In ut[endance at n+ertings of the commission. .. .._ .. .,.,...✓..... ..__._
gular members and two alternate (Amended by Stats.1970,c.1249,p.2247,5 3.4.)
Appointed shall Ac cloettgl or tip- -
I the county; - 1.
protidetl, however,4p. 1. In general may receive the campensatlnn Provided for
Afemtrern of the )wnrd. of supervisors of In this section and Permitted to be paid
n)fers of the goral-nfag body of it Ventura County. while serving as members commission In addition to their salaries as
11 herb ra Ilh..eaC frOrn ll CUnlad S%IOa of the local agency formation commission, numrcisors. 50 ops.At U•.Gen. $7. 10-447.
n a illeethi . .. . .; .,. .. I . . .. .... ..
6 or is nataunticaily dts-
e district member is authorized to g 54784. City selection committee; appointments; alternate members
bell the Conallk.°iarl to MII]tde11 .in each county containing two at, more cities, mgalur*lnld alternate city mer0 !rs
regular member is a specilif dis- a
mlifitd from pnrtieiputing Ica pro- : to the commission shall be appointetl by the city selection committee organized in
the county pursuant to and to the manner providaf in Article 11 (rnmmencing with
angel or additions by amendment :�.
1 Asterisks • • ° Indicate deletions by amendment
j 21T
t
l r
§ 54784 GOVERNMENT CODE � GOV]
SMiort 02i0) of Chapter 1 of Part 1 Of Division Y of Title 5. *Regular members Sec.
of the commission shall lie appointed by such city selection committee purslstnt } :id70i.{ 12 neat for trnnscri tof In Section ua7g(1. :. ......y ... tt M P 1
The city selection committee shall appoint one alteninte ulcml,er to the coal- •' 54709.5 Proceedings affecting lm
••..+c (district ]New)..,,.,.,•
mission in the same manner nA it appoints a rogular member. If one of the regain; ,:
city inembers is absent from a commission meeting, or disquAlfies himself frond '' '
participating in -n meeting, or is automatically distpmlificd front participating 5 54790. Genera, powers and truth I
therein pursuant (o this section, the alternate na•ndwr is authorized to scree and The eommissioil shall have the f.
f tions upon its t
rote In his Platt for Ihnt mtroting. h:xec9lt in the case of Connlie:with not wore than I J lrisrliction herein se,
two cities, ,Then the mnunlssion is eonsidering n proposal for the annexation Of ` (a) To rerien• and altprove or dis,
territory to a city of which one of rho members of the c•mnnlisslun Is all officer. the [ daily Or coaditivually prnposnis to,
nteother is disqualified from participating in (ha procecdinge of the commission (1) The incorlwt;•lllon of Cities, p
pith respect to the proposal and the nllcrnate memix,r abnll nerve and rote In his maximum Iifnperty fax` rota far n place for such pu riwsc. ....,. : .,. ,.,,.,,... .•. ..,;. .. {
Ft/ sionv of suhdivNion (:) of $action 2 In the evellt (lie office of n rrgnlar city mambei bananas carnnt the alternate
niembor is authorized to .scre and rote in his place imril the aplwinhnenc and Prnr all the 1'110t III the olCCliop on
Laura qualification of n regubtr city nu property tnx rate shall be salenlnr to fill the vacancy. - i
(Amended by Stltts.l^G`;, e.. 8'20, p. 1534, g 5; SWLs.1072 c. 415,- 2• Stilts. (2) The formntian of speeded di.stri
P. T30, § _. (3) The Annexation o[ territory t
1072, c. ]?32. P. 2377, 2, urgency, off. Dec. 13, 1972; Stnts,7'Ji3, c. 211, p. 502, ¢ 1; amlexatlon of territory to whicll is I.
St Wis. 1976,C..11,P• —, 13.) .. .. ({ y.
{[{ Division I (coal nlenciug with Sesriol
m lAliees ease f 0270 et sen of vote or�lty seleclloil con- byted to S both ection ls be given54784
fecthe mnd set forth i colnlnisviorl sh;tli not I111pose any Co.
Section 6 or Stills.1972. c. 415. P. T39. pro- in Section 2.5 of this act. Therefore, Sec- 0 or snbt7iritilou rCgnl remenfe, \'atilt
vldes: "it Is the Intent of the legislature. Lion 2.5 of thla act Ahall become open Live I'd ns prohibiting a Commission frnn:
If this bill and Senate Bill No. 34D [Stets, only If this bill and Senate IIII] K0. 340 nre city re2gne ills territory n'Itorp (O be ;uu
1972. C. 1232) are both chaptered and amend lath chaptered. both amend Section 54784, p
Section 54784 of the Government Code [Sec.- and Senate Bill No. 340 Is chaptered before sleeift' how or in what manner the I
tion 54784 was he amencied.l and this hni this hill, It, which case Section 2 of this act F!! (4) The l`xelns(n; n Is chaptered after Senrtte IIIII No, 340. that shall not become operative." ! ( territory Cron:
the amendments to Section 54784 proposed - r (5) The disincorpnrn tlOn Of n c•ify.
The consolidation of two or u1r
1 54784.1 Rules and regulations disqualifying members from participating In review (t) The development of ne,v cannot
. . of proposal . . .. Pursonut to Sections 33021 and 33?ft
Each local Agency formation Maintission nlny adeept rules and regulations with (ill To adopt standards bud pass,
respect to disqualification of membersrrs from participating in the review of a pro-
s[nndanls (or cacti of the factors mu
{wad. la the nlscuce, tmwerrq of anysuch rule or rrguttlaa the provisions of (c) To make and enforce ndeS and
Section 54784 shall apply. - - hearings by the rnnnnissiml.
(Added Stats.1%7, c. 920,p.2.ISS, 3Ill.) - (d) Ib incur usual fined necrssaly v:
L,bcary references of facts that county property was involved (e) To Appoint and assign staff joer
Municipal Corpormlonc (}27, 33(4). in nnnexation and that two members of to- it or Consulting Sept-ice
C.J.S. Alunional Corporations t1 41. 55. ad agency formation commission were also 5 t0 carry Out
tnemters of pearl of supervisors of county. (f) To review• file 11o1111d:INrs n([ha
1, In general - - Meyers N. Local Agency Formation Con- to file defiuitelle4s 1111d certainly [hen
AcsMents o1 areas to be annexed to city mission of Tulare County (1973) 110 Cal
will lines e'ere not deprived of fair hearing by vlrt uc Rule. 422. 34 C.A.3d 9-5. of ncxC"tnnnt Or ownerahi
'i - .. IlOsed boundaries.
,.-+. .... - (91l To MaiNc the restrictions of S
. 'rOO2.3, antl Src[lola aSLaq :uu) a,i:13r j
t ,. . •-.. ARTICLE 3. POW
tiOns M'aldd Ite detrimental to the ord,
See., "' .. ' :..' . .. area that would Iw enclosed by the n
:r1790.2 Conversiml of open space lands -to other nree': policies and priorities clumot rcAsonobly lac rtmu•xed to ,an
(11) To n'1ih'e the application of SN
54794.1 Procedure for approrAl or modification of impartlnl annll:sis of ballot ! dt'prhile an wren of A service ntxded
proposition (Nett•]. .. .. nren's residents and if It fitlds that sa
(rIT97.1 Annexation to, or detachment from, city; procedure upon consent of all to provide any service; prop ided, ho
owners Of land. . . - _ - the territory within the city, the gar•
i+47 9i.2 Annexation to, or detachment frond, city; tiling of Ordinance, resolution, the waiver.
etc.; determinettinn of compliance; certificate of competition. issuance, (Amended by StaLs,1f1C7, c.n20 + -
filing and recordation INew]. 1472. C. 792, P. 1410, 1 2; Stnt.19
54797.3 Application for iucorporation Of new City or amine Atfon of territory to It1974, SM9-3977,'c. 309, p. —
New community development. see lies
existing city; terms And conditions; division of property and Assets and Safety Code p
r
. . (KCtv). . ' ..,. - . . .. ,._ : '..,, 33392.. t4 33021, 33250 etIt
et
Underline Indicates changes or additions by amendment ± Asterisks • • • in deletions by
218
I �
s
:T CODE r GOVERNMENT CODE, § 554790
;vision 1 of Title 5. -keknilnr members :i ; Sec.
roil rdty selection conunittee pnrsnant
54797.4 Request for transcript of proceedings; cost[New).
at one niternate melntAtr to the cum- _ '"1799.5 proceedings affecting boundaries of member district or city and parent
re„•nllar member. if into o[ the : 1 district INew].
rFgtllnr ,-I ..
inert ing. or diggnalifies himself Cmna
ically dlsgnNifled frail, participating �1^ At 4 54790. General powers and duties I-
re mcoulter Is mlthori>ed to solve And Tile commisslmi shall have the following powers And duties, subject to the Iimita-
the case of collntles with "Of more than r I tfons ilium Its pn1mciiction herein set forth: .,:F •a.•i• ,-c.:
-ing n apropos:,l for t1w annexatiol, of '• j .(a) To review nud approve or disapprove with or without Amendment,wholly,par-
•rs of the cotmel.�,ioll is nil officer. tile tinily or conditionally proposals for: i
(I the proccetlings of the Commission •! (1) The incorporation of cities, providt•rl that the comullsgion shall determine the
;e menlls•r slmll sere cold cute in his rnnsimnm prupeity tax lure for it prol,osed uoty city which, pars Pint to the provi-
' slate, of subdivision (a) of Section 22S(1 of [he Revenue and Taxation Code, shall n
:nemher he('nmes vacant the alternate - = p-
his plain until ❑,e AppOhttnlent nail pear on the ballot in the election oil lu(rorporatfon. The determination of such mnx-.
rnennCy, - lunm property tax rate still[] be subject to theprovislous of Section rA799.1. .
$L'tLS.1972,-e 41 a`, p. 73fi, 1 2 Sta[s. .�` -''(2) The formation of special districts • • _•., - `,••'- I - "'
1, 1972; Stats.1973, c. 211, 1). .592, 1 1; a - (3) The.Annexation of territory to local Agencies (other than l ocal agencies the.
_ ,., annexation of territory to which Is required to be umde pursuant to the provisions of
both bill, be Division 1 (commen(ing with Section 560W) of Title 6 of this code); provided that a
•d In Soctlan Riven eff to
ect and inwrpo- it,: commission shall not Inqua; any conditions which wmtld Ilrcctly regulate lend use
iection 2.5 of to sl aCt Therefore[, Seth or Fubdivisim, requirements. Nothing In this snhsectlon, hoe'ever, shall he constru-
12.3 of this act ,hell become 01 crstive "'• prohibiting requiring, as it candition to annexation, that A
If this bill and Senate Bill So. 310 arc ed AF trohiMtin Il comnticciou from:haplereit both amens Section 547s1, city prozone the territory to be nnuexed: provided that the commission.shell not
Senate BAI \o. 3,0 1e ehaotcred berore specify how Or In what manner the territory shall be prezon(d. 'DIII. b whit i, case Sect toil 2 of thlx net t
II not become operative.'• ` (4) The exclusion of territory from n city. _ I
(5) The disiurorporatlmt of n city. I
' c (6) The consolidation of two or more titles. '
nembers from partfo(pating In review :l (7) Tile development of new calumenitfes Ir ithiu the jurisdlction of tile m e comission
. ;' Pnraannt to Sections 331)21 and 33T)S of the Health and Safety Code,,;
Ali ty adapt rules and regulutlonx with (h) To Adopt standards And Promdures for the evaluation of proposals, Including
$tin
artici 3 m standards for oil of the factors ennnteininl in Section rA79 ,6. ,• " ` •� _" . .
I g in the rcvicn• of a pro-
-ale or regulat(uA, the provisions of (c) To make /cod enfarnr rubs a-out reculatiofis for the Orderly and fair conduct of
hearings by the com tii8,itrnl. -- - - -
_.
(d) To incur usual Ind nen.�s:try esliensos for the Accomplishment of Its functions.
eta that count)• property was involved " (e) TO appoint aril ussigu staff personnel :tad to employ or contract fur professioh-
mexatlon and thut two members of lo- al or cOA3ulting services to carry ont find effect the flf/lellmis of the commission.
agency formation connniq don were also
oars of board of supervisors of county -(f) To review the holnAlaries of the territory involved in tiny prol,osol with reslKct
rs y. Local Agency b'ormntlnn Coco-
on of Tulare Count to the defhlitenw" nud (vitnh,ty lher,rlf, tOc unnconformnnce of propnstvl lamn(Inries
422. 34 C_A.3d 9f•5. Y (1973) 110 Cal• with lines of ncWlv,ll,gllt on' oweershlp, anti other Shnliar initteis affecting the pro-
loosed Iloul,daries. ..
-- - (g) To waive the iostrtetlailq of Section 34:312':md of subdivision If) of Section
t•F.RS { 35UU2.3, nud Sections :351:,8 I'll') 95T2G if It finds that the Application of the restrir
[j lions would he detrimental to the Orderly development of the community and that the
Area that would he enclosed by the uunexation or Incorporation is so located*tllnt it
her nsev: Policies And priorities { cannot reasonably be Annexed to another city or incorporated As a new city
'-` --- - (h) TO waive the Application of Section 25210.90 It It finds the application.would
A of Impartial-anilys(s of ballot deprive fill nren of a service needed to Insure the health, safety or welfare of the
nreli s resldeutii and it it finds that quell waiver would lint affect the Ability of it city
Y: Procedure upon consent of all to Provide any serytce; provided, however, that within 60 days of the htcluslon of
. the territory within the city, the governing body luny Adopt it resolution ntdlifying
v; (IIh1g of ordinance, re..solutlnu, the waiver.
•rtiflente of roralf,tition, issuAee, (Amended by Stats.1667, a 9a0 p 2374, 1 17; Stats.19e0,'c. 1154 P 2037 11, Stats.
19T2, c. 792, p. 1410, 1 2; Stats.1974, C. 867, p. 18.-,6, 1 1, urgency, eff, Sept. 18,
ity nr annexation of territory to 1074; 'Stats.1977,-C. ", p. —, 1 24, urgency; eff. July 8, 1972.) '.•• .
(1111c1011 of property And assets A New Community development. see Henith •'-Forms: Sea ' West's California Code
a and Safety Code if 33021, 33250 et sea.: Forms. Government. _
33392.. .:
urges or addition$ D
Y amendment � Asterisks ••• -• Indicate delellons by amendment
219
r
§ 54790 GOVERNMENT CODE' GO1
Law Revlew Commentarlet against particular proposal and to mike �' wnlve restrfetlone ImVg9ed by the
Annexation elections and the right to Its own Independent decision or deter- Lion letween InhnDlted and volt
vote. (1973) 20 U C.L.A.Lsl Rev. 1093. mina)ton approving or disapproving pro- terrltarles. .TI..iC t"f e Foods, Inc,
ApPllcallon of California Environmental posnl, and unless commission has n[Ilrma- - .� _
Qwdrt)' Act t 4 municipal unnexnilons of lively fulfilled duty. any further steps to g 5479p,L..COnditlonal
land. (197G) 61 Gl,.R. 572. effect a particular change of orgnniznilom approval
1,.\F CO and special district. control. Is Prnhlblted by District Reorganization --fa xa C g
(1972) 23)test l,.3. 913. Act. San Nalco County harbor Dist. v. S MtlUlli YSiOn order Ivin
lfonrd of Sup'rs of San Nalco County Subdivision'(,) of. Section 54790,
(1969) 77 Cal.Rptr. 871, 273 C.A.2d 165. ? tional upon:
-- Supplementary Index to Notes - Local agency formation commissions may T
employ Its own staff lather titan rely on (a) Any of the condjtions scl for
Boundary changes 3 count), emnlovers for Its staff. 51 Ops.
Conditions 2 Atty.(;en. 235. 11-21-68. r (b) The initiation, rnndllrt or ,Legislative Intent 1.5 For the day to day operations and con-
Waiver of restrictions {,• _ tool. tho local agency formation commis- i'/.Minn or n reorganization rgnnizn lion tinder
. . 'Con staff members must be employees of of ](IQi, Diriatnil ]
the conlin salon. whereas Independent con- (eimonenc'ing
1. In General - tractors for professional and consulting he ❑Pproral Or disapproya
(e) T
Court would conclude that city and real eervtces MAY be hired. Id. by • • • the District l(Cor
estate developer In entering into annexa- Provision added in 1967 to this section. _ garb
tlon agreements Providing for clty's annex- which grants Jurisdiction to local agency Ordering any- e1L'1 ni,T O(O ation of dn'reloper's U'acLA ns they were de- formation commission, In dislncorpnration Man
%'eloped with Provision for municipal sewer loaders. does not n.fect the Petition re- If thl' commission ch oll ass COnd,
system connections intended to form agree- questing dbuncorpora[lon of City of San Any further action menta In compliance with the Knox-Nlsbct, Dtarcna, since mmmencemmnt of circulation pursuilllt t0 It
Act relating to local agency formation com- of petition occurred prior to November S. nnCC for such period of time as I
mission ,[it, discretionary power to veto 1967 effective date of the 1967 amendment. alonthS from the date
municipal annexations within county, and and it does not apnear (lid( Addition was of Stich Mali
agreements were not vold on ground that intended to he Applicable to mOcccdingq shay sllch COHliltlssiOa they conflicted with the Act or the public which had been Initiated Vr(or Io effecth'e order nllly
Volley expressed therein. Morrison Homes dote of legislation containing Added furl,- ILO Ina(ters providefl for by said
Corp. v, City of Pleasanton (1976) 130 Cai. Mellon. of OPS.Atty Gen. 113, 6-21-611 hold and Conducted b It`for. 196. 59 C.A.3d 724. I.S. Legislative Intent 1 tfm'r. upon tli
Knox-Nishet Act did not require local 8 to bl' Called, held anti conducted I
agency formation commission's Approval of Knox-Nisbet Act does not Import a Ic Is- I D Intl,e Intent to abrogate historic rule [het L I Il raga OL t0 tIIC provisions of
public utility dlstrlct's esduslon of certain the dialinctlon between lnhnblted end and 7 territory from detachment Proceeding per- unfnhablact territory for annexation Raps e
tanning to territory of the district withinosea pun- 3 Ileh Commtaaion or(1 r may
dtye boundaries. Diamond Publle Utility mluatlicnsents question
for
t(actualdeter-
r.- r1110Stlona of IIOnCxa l.l011 Hall distri Dist. v. Board of SuP'rs of San Dfatco view in the final anal sls. Tillie Lewis reorgal Ration
County (APD•197G) 129 CaLllptr. 257. } are f0 be conswer(41
As created by 19G3 legislation. and as al- Foods. Inc. v. Clty of Pittsburg (1975) 124 lion appearing on the ballot Ipon
tered by 19G5 recodlflcation of it, Iegglsla- Cal.11ptr. 698. 52 C,A.3d 983.. 2n[lon or Incur rnti0 lion, local agency formation commisaion In adopting the Knox-Nisbet Act. legl3la- PO II Mid district
w'Iu not empowered to make a determine- Lure was presumed in have been aware of (Amentle(i by yfatS.11ki7 c 920, I. '
tion that territory proposed for Annexation many judicial decisions which elate that ( -
was Inhabited or uninhabited and thus to distinction between Inhabited and uninhnb- t
determine whether Annexation Act of 1913 - ited territory for Annexation purposes 4 54790.2 Conversion of o
(5 35100 at seq.) or CnlnhaDiteJ Territory Presents A question for factual determina- ing or di
Act
Of 1939 annexation ton 5300o t seq.)
would
control
tIon which is subject to Judicial review. ! 1❑ reviewing find approving or di
GG g P- expected to jnduce, facilitate or loin
proval ne the ti n pros Tillie. Lewla f•'nods. I Conoltions
Inc. v. City of Pittsburg (1975) 124 Cal. Pact that local agency formation eom- t0 UseS Other than Open-Space
RDt r, 698,Published GA.Jd 9f3. mission. in considering whether to approve POlicles And priorities:
comma notice of local agency forme- annexation, may not Impose conditions
lion commission hearing containing only a which would regulate land use or Bob- (A) Development or use Of hind f
metes and bounds to be
of extreme' division requirements did not effect fact :Tway from exis[itlg prime ;Igricnl[b
boundaries of area to De annexed to city ' that agent s action In • )
astisfINI requirements of due proles In p g ) ' VProving or die- talAln n
that there are no constitutional if
of tin rovIn annexation of land by city might b Onprime agriculture Innis
due process restricting the nude, nature have potential effects on nvir nmenta such p111nhed,Orderly,efficient def andas to require fling O. environmental orry OIOpmC;
type Procedural notice that must be ogiven.ntluc and act re q e e l
suchrce rugs stems s for from
mstat Of n Paco Qozun v. Local u a. C For- W (L11 Develop Of CXiSt(Il cnCAn;
nation Commission of Ventura County g
Iteokuutt v. l.ocalsAggency l Formation Con- (1175) 118 Cal.Rptr. 249, 529 P.2d 1017. 13 within An agency's existing JuriAle
mission of Tulare County (1975) 122 Cal. C,Jd 263. � •-- � shoold be encOuraged before Any pro;
Rptr, CGS, 49 C.A.3d 383. 3. Boundary changes- •^ � - � to the development Of Cxistili
County residents and taxpayers had Fact that local agency formation com- b Open'
I
landing to bring action to require filing mission. when presented with petition for Olrt9ide of the agency's existing]uric(
of environmental impact report prior to Annexation for Its approval. may estw blish of influence.
approval by load agency formation com- new boundaries by altering those proposed (Added b Stnf,.19T4,C mission of proposal fur city annexation of- to It and that the result may he to change - y C.531,P, 1224,1
agricultural land preliminary to Its devel- the Affected area from Inhabited to unin- Libra
ry references
onment for resWent[ai, commercial and hnbited terrl(or- Tor Zoning C=12. -''' - ' "'•
recreational uses. Bozung v. I,acrd Agency Ing procedures for-annexation does not C.3.S. Zoning 1 24.
Formation Commission of Ventura Countv mean that a LAFCO's power to chanrr�t the
(1975) 118 Cal.ilptr. 249. 529 1.2d 1017. 13 boundaries IndtiJea the Dower to Chpnge - •' •,
C.3d 263. - - ^ .. : the nature of an uninhabited territory by t 5479t A r l
Action of local agency formation cone- declaring the contrary. Tlllle Levels Foods, pp oval Of application; it
mission In establishing testalivr future. Inc. v. City of Pittsburg (1975) 124 Cal. Proctenge di slurll not be initiated
boundaries for two' adjoining cities dill Itptr. 698. 52 C.A.3d 983:
no( of Itself deprive one of those cities of 1. Waiver of rraMictlona %' filing by' the esCCUt"T Officer, and at
power to extend sewage disposal services: Fret that Knox-Nisbet Act expressly nu- Ci IUI
l e'to contiguous unincorporated territory thorizes local agency formation commis- l county. Any proponent, any 1.
City of Ceres v. City of Modesto (19G9) 79 stons to waive certain restrictions Imposed lativC lodl', deal ring to jniliatCrOCY
CaLniltr. 168. 274 C.A.2d 645. - ,. upon annexation Process by certain scat- • • p
Local agency formation commission In ales (fil 9 100 et se di 353M of seq.) does • to the CXCTlitive officer of it,
required to evaluate evidence for and not mean that a LAFCO 19 authorized to -
Underline Indlcales changes or additions by amendment Asterisks r• Y • Indicate deletions by
220
I
1T C06E
GOVERNMENT CODE § ,54791
Rainat Darticuler Proposal end lu m p# ' 1 waive restrictions Ice
u otan inhabited
Dy the distinc- A. Pittsburg (1975) 121 Cal.Rplr. 698, 52 C.
Independent declslondeter.¢ f [ton between InhnDlted and uninhabited A.3d 983.
Iliulllon approving or . `..j
R or disapproving I pros 1: territories. Tillie Lewis Foods, Inc. v. City ,Oral, and unless (ominisslon has or,,
h'Perely ft Partifilledcular
duty. any further steps to '� ` ---_ -
.'f¢ct s panlcwer ohnnge of nr nnep lion 4 54790.1 Conditional approval
Prohibited bi aunt,Uistri t Iteorganlzation ' In any commission order glving'xpiirovnl to any of the matters prodded for by
ct. San Vnteo County Harbor Dist..v,' 's,
oxrd or Sup'r, of San Mateo County subdivision (a) of ScTtioll 54790, the commission may make such approval Cahill-1969) 77 CaLliptr. 871, 273 C.A.2d I65. {�-'= ' [fomll upon:
Local agency formation comm tasters may y+ .,,ploy ILA own staff rather than rely on ' (a) Any of the conditions set forth In Seaton 5Cr470.wnt)6 emplOYeeS for Ito staff. -fit Opa, {t. -' --For try.
t,,, (ray
li-zd3y. - (b) The initiation, conduct or completion of proisediiµs for A change of Organ-
For the day to da - on. 4
:,n the local agency Y 0Orma Ona and con.�'
lOrmatfon commis- 4'r> - iznrian Or n reorganization under and pursunn[ to the District RCOrganization Act
m start members must he employees of " of 19G5, Division 1 ((mmni mring with Section .,,Cd1001 of Title G • • e : Anil
e commis.Alon. whereas Independent con- 12V.
actors tar professional and consulting (c) The approval or disappro%al, lvith or without election,'as iffy Ile jlrnvided
actors may be hired, Ia.
Provfefoo added in 1967 to. this section. - by • • • tilt, District lteorganizntioi Act of 190.5;'of any resolntion or ordinance
inch wants )urlsdicUon w local agency %) _ ordering any such change of urgnnizatlon or re.orgnnixntion. �•'` ' ' -"'-
rma[lon commissions ❑1 dial ncorpOrstlon
stem. does not affect the petition re- .I1 the comndsslon shall so condition Its approval, the commission may order that
esting dlsincorporatlon of City of San trcas. since cortlmemcement of Clr 0f San -1. ( any further action pursuant to this Chapter shall be continued and held In alley-
ncuuon occurred prior to \orember B. =+r once for such period of time Its the commission may deSignate, not to exceed six
d It
date of the 1967 amendment. A,[�C mOn[l1S(rent II1C drift'. of SIICh Conditional approval.
.♦
d It does not aDp¢nr that addition wen - -'ended to ne aPPdcable tR proceedings .,.2� Any such Commission order Play also provide that tiny'elcction called upon nny of
ash had been Initiated prior to effective to of Icgiela lion Contninin6 added )nits- the matters provided for by said s*uIldivisiou (:I) of Section 54790 shall he Called,
:Iron. 61 S. ity.Oen. u7. 6-21-88. � I hold and mnd,imcd before. open the snore data re, or after the (late of tiny eleetimi
Led IS, it Intent
Clio;-Klebat Act does not Import a le�gle- t0 he called, hel(1 and COIN IIC[Cd 11Imi1 n ch;ulg¢ Of orRnnfznt(ou Or reorganization
1 t'C IntCnl t0 ebrORRte hlst OrlC role thrtL plVaiiant In (lie. provision, of • • • the District Reorganization Act of 1%5.
dlsllnctlon between Inhabited and and •� ' - -
el reed territory (ar annexntlon our- Any such commission order may also provide that in any election at which the
Jail presents a question roe factual deter- quastinns of annexation and district reorganization or incorporation ;wd district
latlon nhich Is au Dleft to utllclsl re-
v In the final anal>>slA. 7�IIIle s) reorganization are to be considered at the same tittle, there shall be n single queA-
Ms, Inc. v. City of Plttsbu rS (197s) 121 tion a lenrin on the ballot n-RDIr. 696. 52 C.A.7d 987. PI g (mn [Ile issues of annexation and district Kvnrganl-
n adoD ITT R the Knot-Nlslret Act. Ieglala- 10 zation or incorporation and district riorgantzatiou. -
Ju PcesJudicial
doe
to have been aware o[' ludiclsl des -a- w (Amended by Sta[s.196 i, C. 920, p. 737L. 9 13; StaLs.107& c. 37, p. $ 12J
filch alms that '+ - •�.friction between inhabited end uninhnh. :.1 territory for
annexation purposes 4 54790.2 -Conversion of open-space lands to other uses; policies and tents a queston (or tactual tletermina- ��{ priorities
wduel is subject to Judicial review. •'1+ Wreviewiug and approving or disapproving proposals which could rensonably be
Condition, - i expected to induce, facilitate or lend to the couveision of existing open-splice. lands
,of that local agency formation corn- to uses Other than open-space uses, the commission shall consider the following
;on. In considering whether to lip Drove '^xntlon, play not Ice policies and prloritles:
:h would en ulnta land.use oor i nub
R (n) Develop nlrnt or use of land for other than Open-space uses shall f>c g111dM
,on ne)'s action tits PAL affect C.ct uw:ty from existing prime agricultural lands In open-space. use toward arms call-
0'1" y'n nctlan In np,m,inR or dis-
A annexation or land by city might mining nonprime agricultural lauds, unless such all action would not promote the i
Dotenitai effects on enrimoment such planned, orderly,efficient development of an area.o require filing of en rlronmen lab ice_
report. fission v. Local Agent y For- . (b) Development Of existing vacant or nonprime agricultural Innds for urban uses
on Commission or venture County U 118 CRI.Rptr. 2/9 $.9 P.7d fool, 1'J within all agency's existing Jurisdiction or within :Ill agency's sphere of influence
gum _ should b e. encouraged before bury proposal is approved whlch would allow for or lend
or that changes
ct that local agency fOrinatlOn Catn- CO file dCCCIOptliCnt OC CSig(I llg upL'il-a(n1CC Iafl[la for roll-0(iCIFSptI CC nSCS n'LiCh are
,on. when presented with petition for i outside of the agency's existing Jurisdiction or outside of an agency's existing sphere
latlon for Its approval, rosy establish of influence. 'boundaries by aItrrtinr those proposed - -' 'and that the result may he to change (Added by Stats.1974,c.531,p. 1224,J 4.)
effected area from Inhe blind to unbry - I .ed territory for par fermi,,- Library references ,.
poses of de
;,rOpC(InrP.A tor.annexation does naL Zoning C�12. •• .
that a LA I-CO'e power to change the
C.J.S. Zoning 1 24. ..
Iarles Includes the Dower to change store or an uninhnhlled territory by
ring the contrary. Tillie Lenls poodle. 4 54791. Approval of application; duties of executive officer; certificate of filing
I. City of Pittsburg (1975) 121 Cal. Proceedings shall not be. initiated Imtil nppllcatiml is mnde to, and Accepted for
698, 52 C.A.3d 983.
'alver of restriction, - filing by, Ilse "ecutive o1(ietrf, tad al>provnl is given be the commission of the prin-
t that Knox-Sisbet Act expressly nu-
os local Agency formation cammis- C'plll county. Any piolam`iit, any lcgWative body, or any members of any legis-
to n'ah•e certain restrictions imposed annoxrttion process by entice holy, desiring to iuiliale proceedings shall ' • • submit nit application
(6 35 00 et s certain stao to file executive officer of fileprincipal count An executive Officer shall _¢q• 3a1nu et segJ doer 2 • • R
ern that n LAMO la nulhorized to • • — -
langes+or additions b " Asterisks • • ° Indicate deletions by amendment
y amendment )sits: :, - • 221
21
§ 54791 GOVERNMENT CODE
GO1
Accept for filin'g, had filr, any Application submitted to him which is hi the form
Because
general
pmscrilxd by the «,mmissiml and which Cont:dns all file infonnntion and data re- nnectio vesture of nearer ex era
connection with tin than
nlJnn ct ter
gnired pu rsn:nit t0 tiectiou frM1ilY'. U'hru nm CxcentirC officer accepts an nppllcn- and noli[1G�1 rather than 1,eliclal.
tion for filing. Ire shall issue a "cerllficate of filing" to the proponent, legislative excuse annexed
does not deprive
rights in connitu UamU sens or elet,Ixn1y or members of a legislative holy submitthlu the application. A "certificate of could have tot N)1• omitted pras•lo
filing' -ball be in the form prescribed by the executive officer. From the date of Y notice or hearing and emlwt,
F4 '1='Vellty to Initiate xnd comp)•
Issuance of it cmtificate of filing• all application shnll be deemed filed pursuant to nesullon wn thouI notice. i:0okuue ,
Agency Fnn++often Comnmssion f
this Chapter... 3S3. (1975) 122 Cal.$plr. 668, 49
93.
If u slxcbll district is, or as it result of a proposed formation or annexnUnn will The hovel of supervisors must
be, located Ill more than one mulity, the eseCntive officer of the principal county t Dubuc hearing and make flndh.
shall inuuedintely furnish a Copy of ally nppitention • • • Accepted for filing ( whether formation of A comunity r
. - ccep a dlatricl In In the Public mblic Interest and
by him to the executive officer if each such other county. , a comically feasible, even If the local
tt formation com.ntexlon has Drariousl.
(Amcuded by Stnts.1974, C. 126, p. 2ol, 1 1, urgency, eft. April 2. 1974.) ., 7 Ruch findings and the commission h
Ihorized board of super,•leors to ell
1. In general. with n hearing because all property
A regional park district cannot he legally than purely local concern mad state Ina• • ailhlA the proposed district have
formed by means of a county Inlliative as prescribing erocedures must be followed. * their consent to the formation of it
formation is a matter of state-wide rather . 65 OpR.Atty.Gen. 383. Id-I6-72......, ._. ...... tricl. 56 Gpe.A lty.Oen. 160. 4-18-74.
tt
4 54792. Application; Corm and content 1. Expenses In general
- - - i The expense of publishing notice of
Filch application shall bC in such form as the comnilssion may prescribe and Ing by the local agency formation co
shall contain: - - .
(it) A statement of the no(nre of each proposul ! ' "� It 1 54794.1 Procedure for approval
- proposition
(it) A description of the boundaries of the territory proposed to be inrorpornted (a) Whenever the executive offf
into a new city, to be formed Into it special district, to be annexed to a local agency nnnlysls' o[ a ballot
or to be excluded from a city; - - { Proposition f.
1 may, by rule, provide a procedom
(c) A map showing such Ilcundaries; ficer's analysis. .
((I) Stich data And Information as cony be required by tiny rule or reglilation of (b) Notwithstanding Any other p
the. commission; is requlmd by Inw to prepare tin 1m
(e) Such additional data anti informntlon, as may be required by the executive sls -ball Lc prrparM sari suhlnittcd
officer, pertaining to tint' of the ntatipm or factors which may he considered by the
commicslon; and •• . - •. -.. p tnilsion to consider an(] approve at
(f) The names of the officers or persouR, not to exceed three in number, who am to { clots conducting the election with[,.
be fundshed with copies of the executive o[firer's report and who nm to he given If Prose or modify the unulysis :old r
mailed notice of hearing. .. .- t the election not less thine 34 days
(Mcended by Stnts.]Dif,,c.31,p.—, 113J I _o t•sis submitled hp the maim"i,
1. In gene cal Lion of the petitioning titles and not the j Include it genernl descri l
The duty to set forth the boundaries of a duty of the local aceneY formation commie- }} Ilion o[the r
proposed county service area Is the obliga- Rlon. 57 Ops.Atty.Geo. 423. 9-1-74. 1 (Added by- Sta(s.ID7Q (" 736, p, ]37
13, urgency. eff. April 2, 1974.
4 54793. Hearing on application for proposed formation; notCa of hearing t )
When an application is filed .• • • in the nmmier prescribed in Section 54791' f 1 54796. Factors to be Considered
the executive officer shall set It date, time, and place for a hearing by the controls- Factors to he considered in the mr
lion on said Application. The date of the hearing shall not be more than • .• • S to: • ,. . ,., t - --
D0 days following the date of such filing. At least 15 days prior to any hearing, the . (a) Population, population Density
executive officer shall glee lnnilco notice of the ]tearing to ench Affected county. valuation; topography, nMtorA1 boun
city, or district, to nay interested party or local regency who has filed a written populated areas: the likelihood of e
request for such notice with the executive officer. and to tiny officers or perm)ns Incorporated and unincorpornted Are:
deslgmmrd In file nppliendon for the purpose of receiving inailed notice. In adds- (b) Need for orgnniued minmunitr
tion, at least 15 days prior to the hearing upon a proposal for the annexation of ernmental services find controls fit th
territory to a city, the Incto wintion of a new city or for the formation of a dis- and Controls; probable effect of the
trict, notice of hearing shall be putilished by the executive officer, In accordance or exclusion mud-of Nternnthe cours
with Section 6061, In it nowspnp(!r of general circulation which is circulated within nod controls in the area anti adjacen
the affected territory. - Ia'to be Construwl as referring to go,
(Amended by Stnts.l Dfi7, c. 920. p. 2375, 1 19; Stots.1974, c. 126, p. 231, ¢ 2, urgency.. are such us would be provided by to
eff. April 2, 1974.) - . - . ' eluding the Public facilities necessary
Index to Notes - - " ' - (C) The effect of tile. proposed actio
In _general i - Expenses In General 1 on mutual social and economic inten
Description off territory ; Notice 2 _ the COUflty. '-•-
Underline Indicates changes or additions by amendment Asterisk& • • • Indicate deletions by
CEDE GOVERNMENT CODE § .54796
omittedto him which 19 in the form '
nine all the information and da[q re- ?.. In general i'slon, created by 9 64780. on an Appllcatlon
' • Becauac nature of Vower exercised to for incorporation of or.annexation of ter-
exeellflv'e offcer IIC L connection with annexation -Is legislative rltory to a local agency should be paid by
CeULs nn appliCa- u.. and political rather than judicial. anti be- the county As a usual and necessary after-
[ [thug" to the praPanen[, ]egislfitiv'e ''{" caws annexation does not deprive owners sting expense incurred by the commission.
in'Yhe Rom•• of Annexed area of property or property pursuant to 154776. 47 Ops.Atty.Gen. 26.
R aPPlicaflOn. A •'certificate of __J-r I rlghts In constltutlonAl senre, legislature 1-27-CC.
f could have totunY omitted oro,i eions for 2. Notice
P 0% Utile offictir. Prom the date of Any.notice or hearing and empo•vered- a- Published notice of local agency forma-
_ municipality to initiate and congdetP an- tion controls i,on hearing containing only a
On shrill Ile deemed filed pursuant to nexnllen without notice. 1Wokout v: Local llntes and bounds description of exterior
: •� 1 Agency Formation CommL<elon nt 'Prlare pi,uudar es of area to be annexed to city
( c]Aunty (1975) 122 Cal.liptr. 668. 49 C.A.3A aatl.fled statutory
393. enotice MAtin: Com-
roPosed fornlnt(on or annexation will "'�' '. " - - 7i00koul v. Local Agency P'ormnlion Com-
The board of super lsors must hold a mlas1An of Tulare County-(1975) 122 Cal.
:u[ire officer of the principal county -.i,•. I public hearing and make findings on ' flair. C68, 49 C.A.3d 333. ;
ICatiJtl • accepted for filing whether formation of a community services 3. Description of territory •"
dlntrJct In In the public Jntereat and is eco- Published notice*of local agency forma-
er county. ?'' nomically feasible. even If the local agency ;.,tlon commission hearing containing only a
I formation commission has previously made mete, and bounds description of extreme
enC}', eft. April 2, 1974.) + such findings and the commission has Au- :.boundarles of area to be annexed to city
- Y thorized board of supervl...4 to dispense netis(ICA requlremenaa of due process In
I purely local concern and state taw ,�•• with a hearing because all property owners that there are no constitutional demands of
•T. within the proposed district have Riven due process restricting the mode, nature
:crIDInR procedures must be followed. ;qj. their consent to the formation of the dla- unJ pre of notice that moat be given, end
'Vs.Algt�en. 333. 10.18-72. tract. 66 Ops.Alty.tlen. 150, 4-19-73. '' procedural' requirements for conduct of
+ - s 1. Expenses In general - •—' . such proceedings stems solely from statute
Bookout v. Local Agency Formation Com-
I The exhepense of publishing notice of hear- mission of Tulare County'(1975) 122 Cal.
the commission m9y prescribe and y;, Ing I)! t local agency formation commis- Roar. 668, 49 C.A.3d 383.
p 54794.1 Procedure for approval or modification of Impartfal analysis of ballot
errItory proposed to be incorporated rt'l'+ . :.,..preposition
tract, to be annexed to it local agency , '(a)-Whenever the executive officer Is required by law to prepare all Impartial
analysis of a ballot proposition for approvalby the Commission, the commission
' may, by rule, provide a procedure for approval or modification of the executive of-
'quired by any rule or regulation of fiver's analysis.
(b) Notwithstanding any other provision of law, whenever the executive officer
s be considered by the may* be r is requtred by law to prepare an Impartial autlysis of n ballot proposition, the rZly-
nrs which 1mt}'
} required by the executive MS shall he prepared and .submitted to the colomixsiom in stiffpcient time for th m e co -
mission to consider and approve or modify the analysis, and submit it to the offi-
n exceed three In number, who are to cialc condnctiug the election within the time prescribed. The commission shall rip-
er's report and who are to be given plate or modify the mmlysis and submit it to the official in charge of conducting
The election not less than 34 days prior to the date of the election. The Impartial
of the analysis submitted by the commission shall not exceed -M words in length and shall
petitioning cities and not the include a genernl dlxcriptiou of the uffeeled territor
of the local ag ency formation commis- y. , i •.
57 Opn.Att) en.423. 9-4-74. (Added by Stnts.1970, c. 71fi, p. 1375, j 29. Amended by Stats.1974. Ci 126. P. 231,
ormatlon; notice of hearing ' 9 3, urgency. eff. April 2, 1974.) . .. -
manner prescribed in Section i9791,
pintr far n hearin t g by he cmmnis- 4 $4796. Factors to be considered
ing shall "Of Ile more them • . . -Factors to be considered in the review of a prohosnl shall include-but not be limited
1st le) days prior to tiny hearing, the to: _ - r' . ., -•
Ie hearing to each affected count (a) Population, population density; land area and land nse: Per capita assessed
91
mJ ngnrlcy wo has tiled a wrier n valuation; topography, natural boundaries, and drainage basins; proximity to other
cer, and to any officers populated areas: the likelihood of significant growth in the area, and in adjacent
or persons incorporated and uuincorporited areas,during the next 10 years. •'-"
f a 11roing mailed notice. nt add r (b) Need for organized community services; the present cost and adequacy of got•-
n n prolosnl for the ❑macxallon of eramontal Services find Controls in the area; probable future needs for such services
city m' for file formntfou of it dts- raid controls; probable effect of the proposed incorporation,
ho ('NMUtive officer, in accordance tm rporcost a d ,der unc no weaves,
muintion which Is circulated within or exclusion an ' of area a d a courses of action on the cult and ndequricy of sari Ies"
and controls in the area and atIJIlCeilC llieas. A9 used III this subdivision, "9P.iyigCS•
ats.1974, c. 126, ), 231 Is to be construed as referring to governmental se"IM9 whether or not the services
1 9 2, 1p'geticy, are such as would be provided by local agencies subject to ❑ds chapter, and as iu-
eluding file public,facilities necessary to provision of services: -
(c) The effect of the proposed action and of alternative nctionx, on adjacent arens,
ises in general t - on mutual social and economic Interests and on the local governmental structure of
e 2 �: .. .. the coamly. .. ,. . ,, . _ .additions
t _.
}� 223
3
T
§ 54796 GOVERNMENT CODE }t
(d) 771e conformity of loth the proposal and Its anticipated effects with both the 4 GO,
adopted Commission policies on providing planned, orderly, eff elent ptittenis of myion 547972. If tin, Council
urban development and the policies and priorities set-forth In Section 547092 of londititug, proetvaliugx-Inny In. I
:Info with sneh laoaifleatiolts or
this tale - - - P1,01g1snl, further prdrn'd lug+s1,:,]
(e) The effect of the Proposal oil maintaining the physical and economic integrity 1 (a mrndtvf by c. 020, 1)
of lands in an Agricultural preserve titopf•n-space uses. _ + W. April 2, 1974; Slnh.i97g,e.;;n
(f) The definiteness and certainty of the buundnries of the territory, the noncom= I-
s In general 2.t which urovldes um
fonnance of proposed boundaries with lines of assessment or ownership, the creation tory
o be anh;t cd should be deeme,
-of Islands or corridors of unincorporated territory, and other similar matters affect- annexation act shall apvlty site IiMi
Ing the proposed boundaries.: _ _ cy formation commission has aPprr
annexation Droptsai operates to fm
(g) Conformity with appropriate city or county general and specific plans. provlalan or the snox•�ialwt ACI ft1
(h) The ':sphere of fnfhlence" of tiny local agency which may be applicable to the cif(brequiring
to oract,t,auxation to be un,
` of the Rhos Yen/arcing the m
proposal being.review•ed: .. - : - f u,,,a ♦l.hel Act and S 35002
not be treated as merely declan,
(Amended by Stnts.1970, c. 1249, p. 2)47, ¢ 4; Stats.19T2, c. 702, p. 1411, § 3; State. the ex,sung Inw, 1. e.. In, I:n.x-Rta
1973,e.Gj2,p. 1195,S 2; Stats.1974,c.531,p. 1224,§5.) '-• - - - r Pruv1"ion, at the time of Its ens,
1'llilr- Lewla Food,, Inc. v. City of
Law Review Commentaries - - which would regulate Innd use or ,ubdi i- burg (1975) 124 Cn1.itPtr. 698. 52'C.A
Annexation elections and the right to lion requirements did not affect fact that t.
vote. (1973) 20 U.C.L.A.LAw• Rev. 1093. agency's action in approving Or dlsapDrov- 54797.1 Annexation to, or- - Ing annexation of land b�• city might have r 4 Beta,
potential effects on env ronmenl such as rt Owners of land
• � to require filing of env ironmentel Impact
Index to Notes re art. Id. If a❑ 11Pnlicntion for :1a Anne\
PA agency formation commission prOp-
In general 7 erl declined to decide Issue whether tits h}' all aC the pwnet;s of hand withit
Evidence 2 .JP:F' .,
he
manipulated bounaxed into two
single area 11 nC'CAInp4 nisi
:Fr sought to be annexed Into two areas for I� by proof, aAflsl
purpose Ar depriving ravtdenta therein of trilhln ane11 trrrlta'3 1LlI'e
1. In general ^e Ihelr right to vote on annexation proposnln. I given
Lea Lvle the purpose In adopting the tdcyers v. Local Agency Form,tloA Com- i fONullC tit. LI1C l'AnlmisvlAn ibay a
Knox-Slstrel Act was to vest local nxcncy mission of Tulare County (1973) 110 Cal.
formation commission with substantial au- liptr. 422. 34 C.A.3,1 955. .. i a0tler and 11rAAng. fit shelf cases
thurlty and discretion to review annexation: There is no constitutional objection in file IegisI ative body A(
proposals In keeping with specified public pennittlmt , group cauposed of 25�; or + tilt' city h
purposes, to provide the 1.AtC0 with broat.. more of tilt landotcnera. whether or not + tiff
obiectiven and detailed guidelines to be they represent 25% of the value of the and flea ring h)' the irtgiaati y,
considered in the exercise of Its Authority land. to initiate incorporation proceedings. AS ttaed ill this s
and tlacretfon, and to mandntfn that the ection "ownm•
F Curie v. ftoard of suites of I,es Anl,-eles of la n(I A11 IhC fASt
result of Its action be implemented pursu- County (1972) 104 Cal.Rptr. 297, 501 ,2d aluNlzCd ns9e:
ant to the appropriate annexation grace-" 537. 7 C.3d 9t . owri , thon :11,c ttq;cnil Onllfled L,
duet- Tillie Lewla Foods, Inc. v. City of If city proposed to Install permanent aew- I
I•ittshurg (1975) 124 Cn1.Rplr. 698. 52 C.A.3d er lines in adjoining disputed unlncorporal- meat r011; where land in subject
983. ed territory. not in a Rood faith attempt to pe1x0D shown theroln its mrchaver:
A Negations in null by county residents serve residenta but to thwart local area I
and mxpayera to Invalidate approval by fon0atlon commission and defeat annexa- lA dflMl by S[jlta.1907, e. P2d, n. _.te
n'
locni agency formation commission of city m- Uon by another city. Chia would not only pt f.)
annexation of agricultural land that tom- ` consulate w• hie D a would be an ed by ( 1969 Am the mission s violated Its darn to consider ouch expenditure trAlch can also De enjoined by ± Amendment. Afade
factors as affects of annexation on cost a citizen resident. C1ly of Ceres v. City of Plicnble to sect it,
detachment proceedings as
and Annexed
and of cervices s, mcm,trodseffect In Nudesto (1969) 79 Ca1.ft D[r. 168, 271 C.A.2d ( as annexation proceedings.
annexed and adjacent areas, Its effect on 545, -
Itscoal miry and economic Interests," or 4 54797.2 � -
Ils conformity with city or County general 2. Evltlence; . .. -.. • Annex itl0a to, of dot aCh
''lane. were sufficient to survive demurrer. Subatawlal evidenet supported finding. etc.; determination of
Ozuna v. I,ocal Agency Formstion Com- of local agency formation commission ap- it
filing ndsslon of Ventura County (1975) Its Cal. prating two contiguous areas for annexa- g and recordation
Rptr. 249. 529 In 2d 1017. 13 CId 263. lion to city Aleycrs v. Local Agency For- Q \ntwittlstatldln - -
Fact that local Agency formation com- mation Commission of Tulare County (197.7) g Atlr Other provi:
mission, 1n considering whether to approve ' 110 Cal.RPtr. 422.34 C.A.3d 955. �.. apply to tiro filed Mul7drlinn 0( pre
anhexstlon, ntnY not Impose conditions - .. Illlvslo❑ pit I.......t 10 this ellaptet"
§ 54797. Continuance;,determination; flllnp of notice on completion of proceedings (a) When the h• hlafive holy of
The commission am; continue the hearing from time to time, not to exceed 70 of tin ordinarl resolution, or all:
days from the date specified In the notice of hearing. ,Within 3e days after the of 1' new' eity, the formnliull of n
conclusion of the hearing. Elie copunission shall adopt it resolution Inaking its de- :1 elry, the oschlsinll If territory f
termination upon the proposal. The resolution making determinations may include flit' lorz<olidath a of two or limit, sir
I short-terns designation of the affected territory and.a description thereof. rnie 1t+PY of the ordinnuee, rV40filtial or
short-term designation and description contained tit any commission resolutlon mak- filed with the osenrthr officer of
Ing determination shall be used to refer to or describe the affected territory in any e`•rrified ordiri:ul(rcr resolution, or of
procecflings on the proposal.. . . shall he :wcornptulitd by.11 louudar.
1f the commission approves a proposal, proceedings shall thereafter be Initiated, the 4•ee required bj' Section ;,4992,
conducted and completed pursuant to those provisions of Inw which are Applicable P11110sn 1,
to the proposal its It has been approved by the commission and the provisions of (b) Chioli Ieec(pt if certlfial c„
Underline Indicates changes or additions by amendment melrt filed gallant to e116(lirision I
Asterisks ! • • Indicate deletions, It,224 36 al sox-1s
:977 P.P.
r
CODE GOVERNMENT CODE § . 54797.2
1 its anticipated effects with both the•• .:
signed, orderly, efficient patterns of Section 54797.2. If the rnmmissioa approves the proposal with modificntions or
titles set forth In Section Sf i90.2 of Ilk' enaulitiolis, promrodings'may he lultintrvl, coith:ctvl and e(.in .*ored only in rnnipli.
+'..•�'. aurn with .cu<•h moaificntiuus or conditions. If the Comnils<inu disnl):,racec of Ihr
•", - ..��: a,)4, prolHhal, ful'thet lii"rl('r4'Il l jigs shall tr'1'llllll:lte.
g the physical and economic Integrity y'`;�-• f (Auumded by mat,,.1967, r. i)20, It. 2376 4 20: Stilts.1974, C. 1 a p i r2, 4 a, nrgeney,
ce uses. I eff. April 2, 1974: Stats.19S0,c.89.1. p 4 a)
e i�C''1'fY, I 1. In general . . .f\"here local eRenc) formation comas.+-
undarles of the territory, the ngnCOR .if=+�..� Section 35002.1 which provides that teed- Sion, foliowing hearing on proposed dissolu-
;lSSCSSIcent or ownership, the creation - rail lory' to he annexed should be deemed a od t.oil of county harlar district. transmitted
_ gin nrex for pnrposea of delermhanR which In county board
of flUyen'Isors rcsolullnn
ory, and other slmilnr matters Affeet- ho� annexation act shall apply after local a•en- aPDrnvmR Alssolutlon of district, but Re-
h`( cy formation commission has npprovet an eompnnlCd resolu(ton with letter stating
annexation proposal operates to Implement that commission wished to express its per-
mty,general and specific plaits. � � '4• provision of the Knox-Nisbet Act (this sec- sAnal etc atoo concerniniz dissolution of
t." + tion) requiring annexation to be under one district. commission had not made required
gency which may be applicable to the 'if of the two acts by enforcing lilt, provision Indrp ndent determination relative to Ad-
) of the Knox-Niabet Act an 4 35002.1 may visabillty of dissolving district. and insider_J
thim not he lrenied as merely declarnlory of was entitled to writ of mandate compelling
Stats.1972, c. 792, p. 1411, 4 3; Stnts. Z; the existing law. I. e.. the Knox-Nisbet Act commission And supervisors to vacate pro-
?'� 4 ) • provision, at the time of its enactment. coslings. San Mateo County Harbor Dist.
G. .,ri g; � Tillie Imw'Is Foods. Inc. v. CAN, of Pitts- v. hoard of suDrs of San Mateo County
oh would regulate land use or subdirl- mlig (1975) 124 Cal.Rpir. 698, 52 C.A.3d 983. (19c9) 77 Cal.Rptr. 971. 273 C.A.2d Ir.S.
i requ lrements did not affect fact that ' - - '•' . -'•1 -1. ill,'
ncy's action in approving or dianDprov- .,. 4 54797.1 Annexation to, or detachment from, city; .procedure upon consent of all
annexation of land by city might have
ental effects on environment such as .. ,CW nets Of land. , ,; .,.n• •'•"
require filing of environmental impact If nil npplicntion fill, an annexation it). or A denichutvht froul; 11 city In signe41
art. Id.
oval agency formation commission prop- by all of Lite owners of land wilh(n the territory propovd to lee nnnrxcrl or detached,
declined to decide issue whether city <
manipulated boundaries of single area or is Rccnmpauled by proof, emtisfavtory to tile, minudsvinu; thnt nil of the owners
ght to be annexed into two areas for within such territory bnve given their written consent to such Amiexntion or (lt-
pose of depriving residents therein of _
it right to vole on annexation proposals, toellmmit, tile. cnnnuission ni.1y Approve pitch nn)(rxatlou or detachment withoilf
,ers v. Local Agency Formation Com-
slon of Tulare County (1973) 110 Cal• notice and hearing. In suCh Cases the commission Inn)• also approre slid authorize
r. 422. 34 C.A.3d 955.
here Is no constltutionnl objection In Ilse legislative lady of the city t0 ailnex Or detach shell territory (I) yvlthniit Ito-
matina a group composed of 2,,% or -
e of the landowners. whether or not f1ee. anti hen ring by the IrgislAlivr body. (il) yvllhmrt nn r;rt,[ian o,' r,(Ili) lath.
v represent 25% of the value of the
1, to Initiate Incorpomt in proceedings. As 114`Il in this StN tir111 •'nw'Iier of land" Invailc: Silly poi.m:1 ahn vn ns ills Owner
its y. Hoard of Sup of Los Ahaeles of Ian d eel the last Cqunliwd assessment roll;' where such person is no longer the
my (1972) 104 Cnl.liplr. 297. 501 I'2d
7 C.3d 942 owner, then :111) pi'hAll rnlitl(x] to lie Alovvu as owner of Iand Oil elm nest ngst,sc-
oil)-proposed to Install permanent sew- inert Poll; %%-here land is subject to a recorded written agreement of sale, any
ines In adjoining disputed unincorpomt-
errllor)•, not In a good faith attempt to 1lercoll shown Owrvitt as ptimhasvr: and any puhlic agency Owning laud. :
x residents but to thwart local area (Added by Shrts.1997. C. 920, p. 21", 4 01.5. Amended by Stats.1W). C. I:N)1,'p• 27,41,
nation commission and defeat annexe-
by another city. this would not only
stilute wants but would be an Illegal 1969 Amendment. Made the section ep- -- Library references
enditure which can also be enjoined by livable to detachment
dizen resident. City of Ceres v. City of p proceedings as well Municipal M Corporations lions (Mons :
lento (19G9) 79 Cal.Rptr, Its. 274 C.A.2d i 1.
sA annexation Proceedings. - (•.J1:. }tunic i[n1 Cor,nraliona : 55. .
Evidence 4 54797.2 Annexation to, or detachment from, city; Ming of ordinance, resolution,
lbstantla) evidence supported findings etc.; determination of compliance; certificate of completion, Issuance,
oval agency formation commission lilt- filing and recordation
sing two contiguous areas for annexa-
to cite. Meyers v. I,ocnl Agency For- NolwitlW idiug any other pmvision of Iniv,�tile provisions of this section shall
ion Commisslon of Tulare County (1973) 'apply to the final rompirl ton Of prnceodiags for any propoc;d :y qt rncC(I fly file cone
Cal.11ptr. 422. 34 C.A.3d 955.
_ misslou piirsunu[ to this chapter. �' . .. , _- , ..)..:'•
'.f notice on completion of proceedings (ill Whvu tilt, Ivgislative lady of n collar: or n city nl0)ro rn, through adoprion
from time to time, not to exceed 70 of tit, ordinance, n•solution. or other d(wtimctit, ;I proposal for the incorporntlon
hearing. Within 35 days after the of it uryv city, the formation of n t.pccta1 district, the aunevllon of territory to
II adopt it resolution making ila de- a city, the oxelusioo of territory frmn it city, the dislucorpolation of a city, or
mlikhig determinations may Include file mucolidntou of two or more cities. =ileb legislative liedy shall cause a certified
iapy Of the ordiltoltw, resolution or other doenuu•nt evidencing the approval, to Ito,
cry and a rnrill description thereof. The filed wltb the executive Officer of the anntilissinn of the principal Count). The
l- In :toy commission resolution many certified ordinnnce, re+Olutinu, or other document filed pursnaut to this subdivision
escribe the affected territory In Any shall lie aceolupnuied he it houudal'y le,criptlnu of the Dl'opo,:,J, n ebecl: to cover
endings shall thereafter be initiated, file fees redo Roil by Section :,4.W2.,. sad fair)- other ate Arbinent.s germnnc to the
,visions Of law which are proposal.
e applicable . . .- -. .,. - "
e commission and the provisions of (b) 1:11011 reccipt of n terlified Copy of art ordinance, resolution, or other docu-
meat filed putsn:ult to subdivision In), the executhe officer shall ch(x.k documents
changes or additions by amendment Asterisks ! °,• Indicate deletions by amendment
:� 36 Gi Sign elv. 225
t -
§ 54797.2 GOVF.RNDtENT CODE (� GOV.
And delenuine whether they comply with the boundaries, modifications, and condi- to Part 2.7 (commencing with S,
tions specified by the rmmuisinu In Its rrcnlotiou making dctemmnatious uponi the Safety Code as A result of such in
pro - - .. . .,. is to be detached from such A f
postll. ..i.r .'f ,. ..
11) If such documents Arc Jrreinimed to be In compliauce,'tlic execntive officer organized pursuant to Chapter 2.
shall execute it eertific:de of completion nv hereinafter spocifiei, and shall ninke Di%ision 2, 'Title 3 as a resale of 5
file filings provided in sob:lii i^inn (a). - . I 1 10 sill' of the terms Iced condition
MAY Rpccify- ill such resolution with
1_n l It such documents are delenni tied not to be in compliance, tits execntice o[- )
fiver shall ,pccify� ill \vritin:t tilt• lwilily of noncompi relit• Ind semen the doellumills (b) When, pursuant to Section
to the county or local Agetcy it hich Initintrd And eondarted proer:lings._ Inlsslou is rtv)uired to deterndne
fc) 'Tie certificate of completion prnaared and oxceutel by the exrrutivc officer protect inn district Between such t
shall contain the follo\rhlgi - - provide a procedure for making I;
(1) The mmnes of.enrh district or city for which a change or organizatimn \vas Hoch procelure shall Prm'ide thm
ordered and the panics of each county within which tiny of such districts or ritlre f adapted by the commission. The n
are hxattd.• \- - - resolution to lie m:dled to the lc ill
(2) The kind or type of change of organizaCon ordered for each stich city or g
district - j city. ..,
(3)•A description of the boundaries of any new district ordered formed or of nny (Added by Stnts.1072. i. .;7G, 1). p,4Sj.
territory ordered to be annexed to or detached from any existing district. which Section 3 of Stata.1973, c. 777. p.
provided: In enacting title act. the 1
iii{
descrlp[iml may be mrde by reference to the boundaries shown on :1 map alinchcvi ` Infuse hereby determines and find, Iill,Jutles• Obligations, or responalbllWe
a .t0 SIICh certificate. puod on Ioc:0 govermacut are minor 1
(4) Any terms and conditions of the chnngo of organization or reorgmdzatill A. 1.re and do not result in a nihmtfican
V rogram for local government, or a sill
(5) The date of Adoption of the resuhnion ordering the change or organization or cant Increase In level of scrvlce of a
reorganization without election or the-resolution conflnnin nit order for a change Isting mandated program, and no at
6 g g cant economic burden or cost is Intent
or organization or morgnnivation after confirmation by the voters. -. he Imposed hereby. Therefore• and
n.c n result of lids flnding Ind deter:
If any such rsolutimn contains all or tiny par[ of the information rcvinlred to be (ion. no appropriation Is mnde by thi•
contained In the certificate described in sulxlivision fe), the exrulive officer of the j nor is any 4.3 or the Revenue
i
ectlon 2161.3 of the tierenue and Tex
eonunissiou any attach it certified copy of [hc ro>olution to Li. certificate and
refer to the resolution for such Information.
(d) The executive officer shall file Ibr certificate of completion, along with A 1 54797.4 Request for transcript of
.rrtified copy of the ordinance, resolution or other document Approving it proposal F Any person may, Prior to tiny nil
by the Iegis;Ative body of it manly or lornl agency gad it map and legal description nlisaon to cause A transcript reeol
Of the proposal, with the Secietnny of Shntc. Therenlion, the Secretary of State such record is borne by such person
sludl exerute n- certificate of filing identifying ILL, certificate of completion and to lie. made. .•
sbdhµ the date of filing. The Secretary of State shall transmit to such executive. (Fornwrly ¢ 54797.3, ridded by Sta
officer a counterpart original of the certificate of filing.for each couy nand in a4707.4 and am ts ended by Sta .1971,
such extutive officer's certificate of completion. -w - 34707.2, added fly Stats.1969, C. 1301.
(c) After receipt of ells' Secretary Of State's certificate of filing, the executive of- ' cl by Stats,1971, C. 493, p. 9119, ¢ 2
fiver shall record tire following with the county recorder of each comely sliecifted 1972,c. 576,p.984,g 3.)
in the rnrtificate of completion: . . ` • - - The text of both sections 54797.3, rer
(1) A Counterpart original of the(ortificute of completion bered as section 54797.4 In 1971 and 19'
Identical. _
(2) A counterpart original of the Secrelury of State'.,certifican of filing. .'• '
-(f) Tile executive officer.siiAll.nlSO autkc smeh filings as umy.he provided for by t 9 54798. Two or more proposals; pi
Chapter 8 (coninnencing with Section 54,00) of this part. ,. _ f If two or)nore • . proposa
(Added by Stats.1976,c.8,13,p. —,g 4.) or in tiny way lie inconsistent with
Former section 54797.2, added by Sloss.'• Fortier secllon 54797.2 added by Stet., rchitive priority for conducting any
1971. C. 469. y, M. 1 3, authorized the 1969. c. 13V1. p. ?)42. § 7. wall renumbered g
transfer of territory ..',led by a single section 54197.3 and amended by Slats. postll5. Any such determinations Sh
Inndowner from one city to another upon MI, C. 453, P. His. 1 2.
commission approval but without notice, t.iprorryy Reference, - - posed b}' tinC Cnwnll iSiUnl. In UIC eb
hearing or election, and was relirelnl Dy - Municipal Oorpuraliona C}1241): " lay Iyetl [O [hA[ rOCCedi❑ which SI
Stats.l972, C. 266, D. 54V, 1 2. 11. 12. 16 g P g
C.J.S. Municipal Cor Dorntlona
. •:'.., et scq� - lho executive offtepr.
4 54797.3 Application for Incorporation of new city or annexation of territory to (As Amended Stats.1907, c.920, p. 237t
existing city; terms and conditions; division of property and assets 1. In general '
Munlcipalltys submission of propose'
(a) Not any other provision of law, if an appliatilon Is for tits ill- annex territory to county boundary c�
corporation of a new city or the Annexation of territory to an existing,city, the of nanoexationot constitute commence,',
Proceeding within meat
eonuulsclon may, In any resolution Approving such hlerorpnnrtion or annexation, Pro- of statutes and old not Dar auhaeoiient
tide that any territor• of a fire protection district which is to be dissolved mrguant nexation Proceeding involving same to
y ) P § tor)• commenced by other municipal
Underline indicates changes or additions by amendment Asterisks.• • • Indicate deletions Is
226
CODE GOVERNMENT CODE § 54798
r4
)oundarics. modifictitlons. and condi to Part 2.7 (commencing with Section 13501) of Division 12 at the Health and
:iml vrtaking determinations upod the Snfety Code as a result of such Incorporation or annexation, or any territory which
is to be, detached from such n fire' - -'- - • j;y protection district or n county ncrt•Ice area
in complin lice,'lhe exreutive officer organized pursuant to Chapter 2.2 (commencing with Section 25210.1) of Part 2,
areinnftctr siccified. Ind shall make DI%ision 2, Title 3 as a result of such incorporation or annexation, shall be subject ,
- to nay of the terms and conditions authorized in Section 501470, as the commission
be,in compliance, the executive of� may specify- in such resolution with respect to such territory. •-'
onipti:u'co and rrrnru the docnmrut•. Ni) 11-hen, pursuant to Section 1.3954 of the Health slid Safety Coble, the com-
'condueted proceedings, - ..L mission is required to determine it division of the property and assets of n fire
Id exoclitc(I by U:c exMixi lco orfiver protection district between such district and it city, the commission may by rule
-rhtch a change or org:mlzatlml why , I provide it procedure for making such determivatlun; provided, hoo'eier, that any
which ally of such districts or eltioa such procelblre shall provide that the determination shall be made by resolution
`> adopted by the commission. The commission shall cause a certified copy of any such
Coll ordered for each such city or resolution to be limted to the legislative bodies of the fire protection district and the
el ty.
-w distinct ordered formal or of ally ,I (Added by Sotts.1972, c. - ,G, 1). 9. 2. Amended by Sta[s.1073, c. 777, P. 1391, 11.)
d from tiny existing district, whiell Sectlon 3 of Stats.1973, C. 777. P. 1392. Code, for reimbursement of any local atien-
y11II v t pravlded: 9n enacting tide act, the Legis- ,cy fur any costa lust may be Incurred by
do vies shon'li Oa a m:q) attached ! Inture hereby determrues and (Inds that any It
- - - -
'i' - ' •. .7,: duties, obligations. or renponnfbilltles im- Former section 547973, added by Stale.
o IniYai teen o 6 posed on local xoeernment are minor in na- 1969. c. 1301. p. 2542, 1 7.5. was renumbered
rg r rcor-nnizntion.'- - t tore and do not result In a algniticant new section 54797.4 and amended by Scats.1971,
'sting the change Oro program for local government, or a signifl-- C. 483. p. 969. 1 4. -
rgmazati0n or ¢' cant increase 1n level of service of an ex- -Former eectlon 54797.3. added as 1 54797.-
u confirming lit, order for ❑ change oiling mandated program. and no 3,nifl- 2. by Stats.19G9. C. 1301. p. 2542. 1 7. renum-
Jon by the voters. .. - �!t cant economic burden or cost is intended to tiered 1 64797.3 and amended by Stals.1971.
be imposed hereby. Therefore. and solely C. 483. p. 969. y 2, %-as renumbered 1 54797.4
rt Of the information r air ua a result of this finding and determin: . and amended by Stats.1972. c. 576. p• 984. 1
M ed f0 !7e t ilea. no appropris Una is made by this act. 1. - • .
slOtl tent IIIC Cxe•Cullre• officer 0t the nor la any obugation created thereby under Lib age references
C 1'e;oluri0a to Ili., certificate azol r' ,ectfon 216{.3 a( the Revenue and Taxation Atunl.-0pal Corporations(^^36.
,7 C.J.S. Municipal Corporations 1 70. ,
fieate of completiotl. ,tlollg'with n � 1 54797.4 Request for transcript of proceedings; cost
her document ,Ipproyiu,; I pmpncnl a Ally person may, prior to any meeting, request any local agency formation coal-
�ey and it map ;lad legal 'I", Ally
ini.csion to cause a transcript record to be mode of such meeting. If the cost of
Thercutlotl, the Serrctnry of State ( such record Is borne by such person, the commission shall cause it transcript record
Me certificate of completion and + to be glade.
'te shall transmit to such extculive -
(it flliug for o,lch county maned to I (Formerly 1 54707.3, added by Stats.1909, C. 1301, 1). 2542, § 7.5. Renumbered 1
i,471..4 and amended by SUtts.1971, c. 483, p. 90, 1 4. Section 54797.3. formerly 1
:.4707.2, added by Stats.l9(i 1, C. 1'301, D. 2q2, 1 i. Itenumbored 1 54797.3 and nmend-
rrecor a of f1euell co executive of.d 4 pal by Stnts.1971, c. 483, p. I10S, 1 2; renumbered 1 54707.4 and amended by Seats.
recorder of each cowiq' q)ecifltd 1972,C.57G,p.084,11.)
t The text of both sections 54797.3. renum-
omplethn) tiered as section 54797.4 in 1971 and 1972 Is
late's certifit lt( if tiling, tit Identical.
filings its 111a3"be provided for by 9 54798. Two or more proposers; priority t
pa)t. ..
If two or more • • proposals itending before the commission shall conflict
or lit any wily be Inconsistent, with each other, the commission may determine the
ncr sectlun 54797.2 hddcd by•Stnts.
1301, P. 2+12. 1 7. wns renu nluercd
relative priority for conducting any further proceedings based upon any such pro-
f , 11,97.3 and arise❑ded by .Pelee,
483, V. 9G8, 1 2. posals. Any such determinations shall be Included in the terms and conditions Jill.
y Reference. " - - t posed by the c nrmi�ssinll. In the abaeace of any such determination, priority shall
iclpal Curpnrations p12(1).
c. Municipal corporations 1; 12. 16 Ix� given to that proceeding which shall be bascil upon the proposal first filed will'
sect.
• the executive officer.
city or annexation of territory to - (As amended Srals.l9G7, C.920, p.2176,121.) -
division of property and assets 1. In general - City-of Cupertino v. City of San Jose (1960)
an application(is f01' the ill- Arun lnpulf(Y*s sub,nrsaton or proposal to a Cal Rptr. 525. 186 C.A.2d 29.
annex territory to county boundary com- Where city council adopted a resolution
territory to In e.vistirlg city, the inission did nM constllule commencement with respect to annexing a territory, re,-
. nIncorporation ! of annexation yroeceding within meaning ferring the matter to the County- boundary
or aUuexuli011,pro-
of statutes and did not bar subsequent an- Comminalon. such action did not constitute
which is to Itc dissolved pursuant nexa4lan procceding Involving same terri. inatltullnn or proceedings under 1 35002 so
tory commenced by Other municipality. - as to glee such proceedings priority over
sagas or'additlons by amendment ' Asterisks • • + Indicate deletions by amendment •.br 1
4 227
Y
r:.
f
x
t
§ 54798. GOVERNMENT CODE GOW
prior proceedings by Another city council Mesa v. City of Newport Reach (1959) 332. agency formation commission of
to annex the same territory. City of Costa P.2d 392. 165 C.A:2d 653. city shall have exclusive JUnsfliCl
§ 54799.1 Additlon, deletion, amendm ient-or revision of resolution;* application;' t lath the member " and
I Ci
. Lon, "mender dlstrict and "pnare
tInallty of determination '_" Sections iinm3.l And 68059.1.
If any legislative body, landowner, voter, or other interested person shall desire (Added Stats.1%7, c. 920. p. 2.4S9,§
any addition, deletion, Amendment or revision of any commission resolution malt- Library reference,
lug determinations or any term, Condition or other provision contained therein,' afunICIPAI Corporations 13=27. 33(t
including minor or major changes in Iwundailes of proposed new cities or annexa- C.J.J. Municipal Corporations 11
et see.
lions to existing cities, such legislative body, landowner, voter, or other interested
person, shall prior to the completion of proceedings, but not more than 60 days H 54800 to 54813. Repealed by Ste
nfler Adoption of the commission's resolution mnking deteramintions, file written The repealed sections comprised f
application therefor with the executive officer who shall present the same to the Chapter 7 of Part 1, Division 2, of T
Qmlini.<slon at Its next mecling. The Commission, In its (discretion, may either
(I) without further notice and hearing, deny or approve. such Application In whole or '
in part, or (11) provide for notice and bearing upon said Application, In the smile f
mmnuer as for the origiiml protasti, prior to denying or approving the same. Any Showing where the subjd
determination node by it commission pursuant to this section shall be final and
conclusive And no further Application shall be made pursuant to this section re- - now be found.
questing the sane or subsuuu l ally the same addition, deletion, amendment or reel- Repealed Sections New Se.
lion of the commissions resolution oinking determinatons. . 1 54800 ---------
The time limits for making applications pursuant to this xctlon shall not ap- 54801 ---------,-- ---
Illy to boundary changes referred to the commission pursuant to Section 34315. 54302.. 54803 -------------------------
(Anleuded by Stats.190 c. 1r20, p. 2370, § 2_; Stats.1969, c. 1301, p. 2342, 1 S; Stats.
:A804
1972, c. 121:, p. 232, § 5, urgency, eft April 2, 1974; S[nta1977, c. 90, p. -, § 2.) ( 5480:i
1967 Amendment. Rewrote section. of the Comintaslgn's resolution making de- 54806 .__._._. -
19' Amendment. changes for inclusion graph.termthatiunn- and added the second Dnra- -
of propose or mayor cities
In annexations
boundaries graph.
e proposed cut new titles or"such
legislative
to I. In general - ARTICLE 4. S
ezlsting elites" and that "such IeRislntive Detachment proceedings Inllla t ed and - -
body shall" Instead of "may" file written completed by public utility district In 1967 SAC.
Application. were valid despite the excluslon therefrom t
1974 Amendment, ,fade section appllea- of certain territory ]>>Ing within city. Its 54830. I rocoedings for adoption, 6
bte to "landowner, voter, or other Interest- consequent deviation from the express con- 34851. Mules and regulations.
ed person*'; Inserted words "Prior to the - ditlon of Incal agency formation Comm Is- 54&i2. Application for formation of
completion of proceedings"; mud added last Mon's resolution that 'all.. the district'. do
sentence: ' . a territory within the city was to be wlth- ( 59853. Ado o[resolution Initla
1977 Amendment. Inserted in the flat drawn, and Its failure to obtain I.AFCO's 04853.1 Consideration of commissi.
sentence of the first.paragraph, following approval of the deviation. Diamond Public
"empletion of proceedings". the ph ma Utility Dlal. v. Board of Sup'rs of San Ma- selection committee.
'but not more than Lu days utter adoption teo County (ADD.1976) 128 Cu1.Rptr. 257. 5,4853.2 Consideration of resolution
t s Wt.5 Certified copy of resolution
§ 54799.2 Failure to complete proceeding within one year; abandonment; proceed 54854. Allnor changes In existing ru
Imp enjoined 54W). Resolution of Intention.
1. - In general - - •. -AS56. )tearing on resolution of job
Proposal for change of boundaries of n plience with the law relating to submission CA857. licaring on resolution of Into
water distret as well as for formation of a of proposals either for boundary changes 54&i8. Advisory committee; nppoh,
new water district must be submitted to or for formation of new water districts to
boundary commission and legislature in- boundary commission Is mandatory. to. 54859. Advisory committee; execut
tended resubmiselon to be required both where water district submitted Its an- 548M. Action of committee on rep.
for W,indary change proposal and for for. nexation proposal to county boundary com- ;A$61. Hearing Approval r matlon of new water district proposal. mission, commission retorted on proposal g Om I P Oval of mix.
Fuller V. San Bernardino Valley municipal but no further action was taken by water notice.
Water Dist. (1966) 61 Cai.RDtr. 120. 242 district for over one year, water district
C.A.2d 52. - was required to resubmit Its proposal for 34862. Hearing on approval of rep.
Where question of priority between con- annexation to county boundary commis-1 - time and place; proposal 1
Dieting proceedings,le lnvoived strict com- _ sion.. Id.' '_--, 63 Resolution
.: . . .,.- _. _._ .. .... owing repon
'r4S appr
"'- - - - - Article 4 added by
5 5.4799.5 Proceedings afflicting boundaries of member district or city and parent
district ro _ 1 54850. Proceedings for adoption,
\ntw•Ithstanding the provisions of Section 54779. when art-existing or proposed The emnudssinn may take procee;
special district or city is eligible to (justify as a nemhe.r district or city by the amendment or repeal of rules find :-
amnexation of all or tiny part of the territory of such existing or proposed speedal of special districts trlthin the coun
district or city ton parent district, or when territory 1s proposed to be an ncxed to districts upon the commission. Su
such existing special district or city which Is already a member district•or city can- commllasion or by independent spa,
currently with the annexation of.such territory to such parent district, the local. rules and regulations air. adopted
Underline Indicates changes or additions by amendment Asterisk& • • • Indicate deletion& b;
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