Incorporations

Incorporation proposals maybe initiated either by resolution of an affected local agency of by petition. Prior to initiating an incorporation proposal and prior to seeking signatures on a petition, the applicant must schedule a pre-application meeting with LAFCO staff.

Filing Requirements

Incorporation applications will not be deemed complete unless all of the following material is submitted:

  1. (a) Certified copy of resolution from a local agency requesting LAFCO action (if application is initiated by local agency resolution); OR
    (b) Landowner or registered voter petition making application to LAFCO (if application is initiated by petition)
  2. Proposal justification information
  3. A map and general description of boundary sufficient to describe the proposed incorporation. The metes and bounds legal description and a map acceptable to the State Board of Equalization are submitted following LAFCO approval of final incorporation boundaries. Legal descriptions and boundaries other than those shown on previously recorded legal documents shall be prepared by a person authorized to practice land surveying (i.e., any licensed land surveyor, or any civil engineer registered prior to January 1, 1982, pursuant to California Business and Professions Code sections 8700-8806)
  4. LAFCO is lead agency for California Environmental Quality Act (CEQA). A completed Environmental Information Form is required to facilitate LAFCO’s environmental review.
  5. Plan for Services prepared in compliance with California Government Code §56653.
  6. A preliminary feasibility analysis that estimates potential municipal costs and revenues for city services. Incorporation proponents or their contractors may perform the preliminary feasibility analysis which should include the following.
  1. Inventory of presently reviewed local government services.
  2. Roster of agencies that provide present services.
  3. Determination of desired changes in governmental services, both in type and area served. The “area” concept will be considered both from the standpoint of efficient service territory, and for determining the level of environmental review necessary, pursuant to the California Environmental Quality Act (CEQA).
  4. The feasibility study shall address issues and factors of consideration specified in Government Code Sections 56425 (Sphere of Influence issues), 56653 (plan for services), and 56841 (factors to be considered in review and proposal).
  5. The study shall also consider appropriate alternatives which may include, but not be limited to continuing the status quo; establishing a Municipal Advisory Council; forming a County Service Area; consolidating existing special districts within a Community Service District; annexing to an existing city; and incorporating a new city.
  6. Financial feasibility component consisting of projected revenues and expenditures that would result from incorporation.
    A comprehensive Fiscal Analysis will be prepared by a financial consultant retained by LAFCO.
  1. An agreement to pay incorporation costs signed by proponents,
  2. Party Disclosure Forms must be completed by a party, i.e., any person who files an application for a LAFCO proceeding, or who is subject of a LAFCO proceeding.
  3. Lobbying Disclosure Forms must be filed by the applicant listing all lobbyists hired to influence the action taken by LAFCO on the application. This form must be updated one week prior to LAFCO hearing date of application, if necessary.  
  4. Indemnification Agreement in the form prescribed, signed by the applicant.
  5. Separate checks for LAFCO Filing fees and the State Board of Equalization fees.
  6. Any additional information required by the Executive Officer.

Disclosure Requirement

Pursuant to Government Code Sections 56100.1, 56300, 56700.1, 57009 and 81000 et seq., any person or combination of persons who directly or indirectly contribute(s) a total of $1,000 or more or expend(s) a total of $1,000 or more in support of or in opposition to specified LAFCO proposals or proceedings, which generally include proposed reorganizations or changes of organization, may be required to comply with the disclosure requirements of the Political Reform Act (See also, Section 84250 et seq.). These requirements contain provisions for making disclosures of contributions and expenditures at specified intervals. More information on the scope of the required disclosures is available at the web site of the Fair Political Practices Commission: www.fppc.ca.gov. Questions regarding FPPC material, including FPPC forms, should be directed to the FPPC’s advice line at 1-866-ASK-FPPC (1-866-275-3772).