San Bernardino County LAFCO

 
Frequently asked questions about the Local Agency Formation Commission
   
 

Q: Do you know where I can get a business license?

A: We’ll try to help, but we’re the "Formation Commission," NOT the "Information Commission."

Q: Why did the legislature give you such an inscrutable name?

A: Hey, like, we were formed in the sixties, man, so who knows? We’re just grateful they didn’t call us the "Groovy Boundary Guys."

Q: When and where does the Commission meet?

A: The Commission normally meets on the third Wednesday of every month, beginning at 9 am, at the City of San Bernardino City Hall - Council Chambers, 300 North D Street, First Floor, in San Bernardino.

Q: What are special districts, and why are they so "special?"

A: Special districts provide important services throughout the state, even if you live in a city. If you live in the unincorporated area, you probably receive a number of vital services such as fire protection, water service, park and recreation, and other services from districts established to provide those services. Districts are either dependent (governed by the County Board of Supervisors) or independent (governed by a locally-elected board of directors). They’re "special" because they provide service to areas that require special services above and beyond the regional services provided by the county.

Q: How can I appeal a Commission decision?

A: There is no appeal process to a Commission decision. Persons who oppose a Commission action may request the Commission to reconsider its decision, but if the Commission upholds its decision, the only recourse would be to file a lawsuit for judicial review of the matter.

Q: How does the protest process work?

A: Different types of proposals have different protest procedures. For example a proposal to form a city will automatically be scheduled for an election unless 50% or more of the affected voters file a written protest. Consolidations, reorganizations, mergers, and dissolutions also have different procedures. By far, though, the most common type of protest procedure is related to annexation of land to a city or special district, and the protest process for that type of proposal is as follows:

  • If the area is "uninhabited" (which the state defines as any area containing less than twelve registered voters), then the landowners in an annexation area would decide the issue through protest proceedings. If protest is received from landowners that own more than 50% of the assessed value of land, then the annexation is terminated. If the protest represents less than 50% of the assessed land value, then the annexation is approved.

  • For inhabited areas (areas containing twelve or more registered voters), state law indicates that if written protest is filed by 25% to 50% of the registered voters, or any amount greater than 25% of the landowners, then an election is called, and the annexation would be scheduled for a vote. If the protest is less than 25% of the voters or landowners, then the annexation is approved without an election; if the protest is greater than 50% of the total registered voters, then the annexation is denied without an election.

Q: How long does it take to process a proposal?

A: The normal, routine proposal will take about three to four months to complete from the time a completed application is accepted in the staff office. More complex proposals can take from six months to a year to complete.

 
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