The proposed Phase 1 LAFCO policy revisions and associated documents are now available for public review and comment. Your feedback is important to LAFCO.
Written comments will be accepted until 5:00 PM on Wednesday, October 2, 2024. Comments received by September 25, 2024, will be included in the October 2 LAFCO meeting agenda packet. You may email your comments to
LAFCO@ceo.sccgov.org.
The purpose of the comprehensive review and update of the current LAFCO policies is to:
On October 4, 2023, the Commission established an Ad-Hoc Committee comprised of LAFCO Chair Russ Melton, Vice Chair Sylvia Arenas, and Alternate Commissioner Helen Chapman.
The Ad-Hoc Committee was tasked with assisting LAFCO staff in conducting a comprehensive review and update of LAFCO policies, and enabling public review and comment prior to the full commission’s consideration and adoption of the policies.
The Ad-Hoc Committee established a work plan and timeline and met multiple times over the last year to review, discuss and recommend revisions to the current policies. For Phase 1, the Ad-Hoc Committee prioritized key policies related to processing typical LAFCO applications, aiming for full commission consideration and adoption at the December 2024 meeting.
The proposed revisions to the current LAFCO policies are recommended by the LAFCO Ad-Hoc Committee.
The following policies are part of the Phase 1 Comprehensive Review and Update of LAFCO Policies*:
* Chapter 1 is the Countywide Urban Development Policies reaffirmed by LAFCO Resolution No. 2022-07 on April 6, 2022.
Phase 2 of this project will focus on the review and update of LAFCO’s remaining policies, including service review policies, other policies such as incorporation policies used less frequently, and policies and procedures that are related to administrative functions. Phase 2 is anticipated to begin in January 2025.
The proposed policy revisions include the following types of changes:
Overall Organization and Structure
Each of the current policies has been restructured as individual numbered chapters with corresponding numbered policies and subtitles, to be part of a single comprehensive document.
Each chapter is reformatted to begin with an introduction section that includes historical context and legislative background; followed by any key definition(s) where appropriate; followed by procedural policies (if any); and then policies on evaluation criteria, distinguishing policies for city proposals from policies for special district proposals, where appropriate.
References to State law
Incorrect and/or expired references to State law in the current policies are removed and replaced with the correct/current references.
New references to relevant code sections of State law have been added, where appropriate.
Text changes
New language has been added to the current policies to reflect recent changes in State law.
New language has been added to document current and longstanding Santa Clara LAFCO practices and procedures, including a more detailed explanation of new procedures and criteria for evaluating proposals.
New language has been added to provide key background information and historical context, and to explain goals/intent/purpose of policies.
New Policies
New policy has been added to the USA policies that allows a city to prepare an additional alternate vacant lands analysis for LAFCO’s consideration, when a city has special conditions that do not align with LAFCO’s vacant land methodology.
New policies have been added to specifically address agricultural worker housing needs, which can be found in the proposed revisions to the USA Policies (Chapter 3), OASC Policies (Chapter 5), and Agricultural Land Preservation and Mitigation Policies (Chapter 7).
The nature of the proposed revisions to Chapters 2, 3, 4, & 5 resulted in a complete reformatting and rewriting of current policies. As such, a tracked change version of these current policies would have resulted in a document that is difficult to read and review. Instead, a set of documents have been prepared for each of the Chapters 2, 3, 4, & 5 as follows:
Chapters 6, 7, & 8 required only minor reformatting and text revisions. Therefore, only a tracked change version of each of these current policies has been prepared for your review.
The current Sphere of Influence (SOI) Policies have been rewritten, reformatted, and reorganized as the proposed “Chapter 2: Sphere of Influence Policies.”
The first section (2.1) of the proposed SOI policies includes definitions and an explanation of the differences in Santa Clara County, between SOIs for special districts and SOIs for cities.
Section 2.2 includes a brief legislative history of SOI requirements in State law.
Section 2.3 includes the history of the development of city and special district SOIs in Santa Clara County.
Section 2.4 outlines the purposes and role of SOIs in Santa Clara County.
Section 2.5 includes policies and evaluation criteria related to the adoption, and amendment of SOIs for both cities and special districts which have been updated to be consistent with recent changes in State law, including references to relevant code sections in State law, and to document and explain current Santa Clara LAFCO practice.
| Proposed SOI Policies |
Reference Table |
Current SOI Policies |
The current Urban Service Area Policies have been rewritten, reformatted, and reorganized as the proposed “Chapter 3: Urban Service Area Policies.”
The first section (3.1) of the proposed policies includes a brief history of adoption of the first Urban Service Areas (USAs) in Santa Clara County and outlines the purpose and role of the USAs in Santa Clara County. Section 3.2 includes the definition of USAs – a boundary unique to Santa Clara County.
Section 3.2 includes the definition of USAs – a boundary unique to Santa Clara County. For ease of use, the remaining policies are reorganized into two distinct sections: (1) procedural policies, and (2) policies and evaluation criteria.
Section 3.3 includes proposed procedural policies related to the initiation, frequency, timing, etc. of USA applications.
Section 3.4 includes proposed USA amendment policies and evaluation criteria, which have been updated to be consistent with recent changes in State law, including references to relevant code sections in State law, and to document and explain current Santa Clara LAFCO practice. Section 3.4 also includes new language that allows a city to prepare an additional alternate vacant lands analysis for LAFCO’s consideration, when a city has special conditions that do not align with LAFCO’s vacant land methodology.
A major substantive change proposed in this section is the inclusion of a new policy addressing agricultural worker housing needs. This proposed policy states that LAFCO will give special consideration to USA amendment proposals that are for agricultural worker housing and will consider certain factors. Please see Policy 3.4.15 for specifics.
The proposed USA Policies also include two exhibits. Exhibit A is “Santa Clara LAFCO’s Methodology for Preparing a Vacant Lands Inventory (VLI),” a new document explaining the purpose of the VLI and LAFCO’s methodology for preparing a VLI. This document reflects both historic and current Santa Clara LAFCO practice, used since 2008 for multiple USA amendment applications. Exhibit B is “Santa Clara LAFCO’s Guide for Preparing a Plan for Services,” an update of the current guidelines to provide greater clarity, transparency, and more specific guidance to applicants.
| Proposed USA Policies |
Reference Table |
Current USA Policies |
The current “Policies on Annexation – Reorganization for Cities and Special Districts” have been rewritten, reformatted, and reorganized as the proposed “Chapter 4: Annexation, Detachment and Reorganization Policies.”
The first section (4.1) of the proposed policies is an introduction which includes a summary of the annexation regulations unique to Santa Clara County and relevant definitions.
The current policies are reorganized into two new sections one pertinent to cities and the other pertinent to special districts.
Section 4.2 includes requirements, policies, and evaluation criteria for city annexations, detachments, and reorganizations.
Section 4.3 includes policies and evaluation criteria for special district annexations, detachments, and reorganizations. These two sections include revised policy language to be consistent with recent changes in State law, include correct references to relevant code section in State law, and better document current Santa Clara LAFCO practice.
| Proposed Annexation, Detachment and Reorganization Policies |
Reference Table |
Current Annexation Policies |
The current Policies for “Out of Agency Contract for Services” Proposals have been edited, reformatted, and reorganized as “Chapter 5: Out-of-Agency Service by Contract Policies.”
The first section (5.1) of the proposed policies is an introduction with an explanation of the term “out-of-agency service by contract” (OASC) and includes a brief history of LAFCO’s evolving role and legislative authority in regulating OASCs.
The current policies intertwine procedures and evaluation criteria, resulting in a lack of clarity for the reader. For ease of use, the proposed policies separate procedural policies from policies and evaluation criteria.
Section 5.2 includes procedural policies for the approval, initiation, determination of exemptions including establishing a process for appeal of staff determinations to the Commission, and administrative approval of OASC proposals.
Section 5.3 includes OASC proposal policies and evaluation criteria, which have been updated to be consistent with recent changes in State law, including references to relevant code sections in State law, and to document and explain current Santa Clara LAFCO practice.
A major substantive change proposed to the current policies is the inclusion of a new policy addressing agricultural worker housing needs. This proposed policy states that LAFCO will give special consideration to OASC proposals that are for agricultural worker housing and will consider certain factors. Please see Policy #5.3.3b for specifics.
| Proposed OACS Policies |
Reference Table |
Current OACS Policies |
The current Island Annexation Policies have been edited, reformatted, and reorganized as proposed “Chapter 6: Island Annexation Policies.”
To provide a broader context, the proposed policies include three new background sections (Sections 6.1, 6.2, and 6.3).
The first background section (6.1) of the proposed policies explains the term “island,” the various ways in which islands have been annexed to cities over the years, and that island annexations are a fundamental part of the growth management policy framework in Santa Clara County.
Section 6.2 is a brief history of how unincorporated islands were created in Santa Clara County and the ongoing service efficiencies and planning issues associated with the existence of unincorporated islands.
Section 6.3 includes a brief legislative history on island annexations, including legislation which currently streamlines the annexation process for islands that meet specific criteria.
Section 6.4 includes minor edits to the current policies, (shown in tracked changes) to provide greater clarity and consistency and to include new subtitles and reordering of current policies for ease of use.
| Current Island Annexation Policies with Proposed Revisions Shown as Tracked Changes |
The current Agricultural Mitigation Policies have been edited, reformatted and reorganized as the proposed “Chapter 7: Agricultural Land Preservation and Mitigation Policies.”
The first section (7.1) is a new introduction with information on LAFCO’s legislative mandate as it pertains to discouraging the premature conversion of agricultural lands, and Santa Clara LAFCO’s “hierarchy of agricultural land preservation strategies of 1) avoidance, 2) minimizing, and then 3) mitigating impacts to agricultural lands as a last resort where conversions or other impacts cannot be avoided.”
Sections 7.2 through 7.7 are current policies that are simply renumbered and reformatted to fit into the new structure. Two new policies (#7.2.1 and #7.2.2) are added to the current policies. Policy #7.2.1 is added to explain that Santa Clara LAFCO promotes avoidance and/or minimization of potential impacts to agricultural lands in preference to mitigation. This policy reflects Santa Clara LAFCO’s historic and current practice and is consistent with state law and LAFCO’s mission to preserve agricultural lands and open space. Policy #7.2.2 is added for greater clarity and transparency to inform that Santa Clara LAFCO will give special consideration to proposals that are for agricultural worker housing, as referenced in LAFCO’s USA Policies and OASC Policies.
| Current Agricultural Land Preservation and Mitigation Policies with Proposed Revisions Shown as Tracked Changes |
The current Policies on UGBs and Other Long-Term Boundaries have been edited, reformatted and reorganized as the proposed “Chapter 8: Urban Growth Boundaries Policies.”
The first section (8.1) is a new introduction with information on the different types of UGBs, similarities and differences between UGBs and USAs, and how UGBs have been used in Santa Clara County.
Section 8.2 includes minor edits to the current policies for greater clarity and consistency and the addition of one new policy (Policy #8.2.1.), (shown in tracked changes), clarifying that Santa Clara LAFCO supports the adoption of UGBs that are consistent with LAFCO’s goals, but that an USA remains the definitive Santa Clara LAFCO-adopted planning boundary indicating whether an area will be potentially annexed and provided with urban services.
| Current Urban Growth Boundaries Policies with Proposed Revisions Shown as Tracked Changes |
Your participation and feedback is important to LAFCO.
Written Comments
You may email your comments to LAFCO@ceo.sccgov.org.
Written comments will be accepted until 5:00 PM on Wednesday, October 2, 2024.
Comments received by September 25, 2024, will be included in the October 2 LAFCO Meeting agenda packet.
Spoken Comments at LAFCO Public Hearings
You may attend the LAFCO public hearings in person or via teleconference to provide spoken comments.
LAFCO will hold an initial public hearing on October 2, 2024, to receive public comment on the proposed policy revisions. No final action will be taken by LAFCO at this hearing.
Date: Wednesday, October 2, 2024
Time: 1:15 PM or soon thereafter
Location: Board of Supervisors’ Chambers, 70 West Hedding Street, San Jose
Zoom: https://sccgov-org.zoom.us/j/94017906547
Following the October 2 LAFCO public hearing, LAFCO staff, working closely with the Ad-Hoc Committee, will compile all written comments received, prepare a response to the comments received, and propose any further revisions to the policies as necessary.
It is anticipated that the responses to public comments and any revisions to the recommended policies will be published for additional public review and comment in early November 2024.
Finally, LAFCO will hold a second public hearing on December 4, 2024, to consider and adopt the Phase 1 policy revisions.
