LAFCO Application Instructions
Preliminary Submittal – Starting the
Instructions and Information [.pdf ]
Tax Redistribution ♦ LAFCO
and CEQA ♦ Completing
the Application ♦ LAFCO
Hearing and Decision ♦ After
Approval - Protest ♦ Completion
information is designed to help you move your project through the
various stages of the LAFCO process. State
law and El Dorado LAFCO Policies and Guidelines require a series
of steps and approvals for each project. There are legal deadlines
for many of these steps. If the deadline is missed, the project
terminates. Work closely with the Executive Officer, related County
departments, and the agencies whose boundaries may change as a result
of your project. This guide is a partial summary and supplements
the pre-application conference.
Landowner or Voter petitions must
designate the “chief petitioner” and submit “Intent
to File Petition”
Landowners may designate an agent,
but the agent may not sign the petition on behalf of landowners.
All signatures must be collected
within 6 months from the date of the first signature.
All petitions must be filed with
LAFCO at the same time, within 60 days of date of the last
If more than one owner owns a parcel,
all owners must sign on a landowner petition.
Landowner petitions are verified
by the Assessor’s Office and Registered voter petitions
are checked by the Elections department. There may be additional
fees for this verification.
Landowners who are registered voters
in El Dorado County should also provide the address of registration
for signature verification purposes. Those registered to
vote outside of El Dorado County must provide a notarized
signature with their application.
Signature requirements vary. Most
petitions require 25% of the voters or landowners in the
Resolutions of application by agencies
must include certain required elements (§56800).
If your proposal area contains
Williamson Act lands, special provisions apply.
Your map and legal description
must meet the requirements of the State Board of Equalization,
but you may file a preliminary map to start your project.
Property Tax Redistribution
LAFCO notifies Assessor when a preliminary submittal is received.
Assessor provides assessed valuation to the County Auditor.
Tax information on the parcels in the project area prepared by
the Auditor and sent to all the affected agencies. This starts a 60-day
County CAO’s Office uses Auditor’s
information to prepare and send a redistribution proposal to the
affected agencies for negotiations, if needed, among the agencies.
LAFCO does not participate in the redistribution process or any
negotiations, which may occur. Applicants work with the County Administration
staff and the affected agencies to ensure that an agreement is reached
in a timely manner.
With the 60-day clock running, the Board of Supervisors and certain
agencies must formally approve the tax agreement with a resolution. IF
THESE RESOLUTIONS ARE NOT COMPLETED WITHIN 60 DAYS, UNDER STATE
LAW, YOUR PROJECT IS TERMINATED.
During the negotiations, LAFCO circulates information regarding
your project and requests comments from various agencies and departments.
A Preliminary Informational Hearing before LAFCO may be required and
is held when the property tax resolutions are adopted. The final LAFCO
hearing on your proposal is not until 60 days after the Informational
LAFCO and CEQA
All LAFCO actions are subject to CEQA. If your LAFCO proposal is part of a larger project, such as a subdivision, you may already have completed an environmental review, which could be adequate for LAFCO. Environmental determinations by another agency must be submitted with your application. Additional copies of these documents may be required for distribution to the
Completing the Application
You will receive a letter requesting completion of your application
and information requirements.
If your application is not completed within 6 months, your project
will be terminated.
Submit your map and legal description
to the County Surveyor’s
Office for review; changes may be required to meet the State Board
of Equalization requirements.
If you have not already done so, complete all signature requirements.
All remaining fees for the project must be paid.
Information about planned services must be completed (Service Plan).
All parties/ participants complete FPPC disclosure
of gifts/contributions to LAFCO Commissioners and Alternates.
Any deficiencies or omissions in previously submitted material must
Completing the Application
The Executive Officer will issue a “Certificate of Filing” as
soon as the application requirements are completed. Staff assigns
a tentative hearing date within 90 days.
The project analysis and Executive
Officer’s report and recommendation
are prepared and will be mailed to you at least 5 days before the
You will receive agenda notice about 2 weeks before the hearing.
The Commission holds a public hearing, receives public comment
and may either continue its hearing to a later date or make determinations
to approve, modify, add conditions or deny your request.
After LAFCO makes determinations and adopts a resolution approving
your project, a protest hearing may be required (approximately 35
days after the approval). The Executive Officer serves as hearing
officer. In some cases this hearing may be waived.
Only those residing in the proposal area may file valid protests.
Certain landowners or voters who are eligible to protest the action
are notified and have an opportunity to object to the boundary change.
If enough valid protests (usually more than 25%) are received by the
conducting authority, an election is required. If more than 50% of
those eligible to protest do so, or vote in the election against the
proposal, then the project is terminated.
Completion and Recording
The final steps for recording and filing the project are largely ministerial.
All conditions included in your approval must be completed before recording.
You will receive copies of the documents and filings to retain for your