This application, submitted by landowner petition, was received by the San Mateo Local Agency Formation Commission (LAFCo) on September 10, 2015. The application was referred to the relevant City of Menlo Park (City) and County of San Mateo (County) departments for comment. LAFCo will schedule the application for hearing only after the following actions have been completed:
- The City must pre-zone the territory establishing the applicable land use. In doing so, the City makes a determination about environmental review.
- The City and the County must adopt resolutions of property tax exchange, which transfers an agreed-upon property tax from the County to the City to fund the transfer of municipal service responsibility.
As of August 5, 2016, the City has not completed pre-zoning and there have not been property tax negotiations. Please click here to view the application and map. The following summary explains the LAFCo process.
Summary of City Annexation Process – West Menlo Triangle
- Affected agencies, landowners, or voters can apply to LAFCo for annexation, but before LAFCo can schedule the application for hearing, the City must first pre-zone the territory. In considering the pre-zoning, the City becomes the lead agency for the California Environmental Quality Act (CEQA) and the City must conduct environmental review for the project as a whole.
- The application triggers a property tax exchange negotiation between the County and the annexing city. The Board of Supervisors and City Council must adopt resolutions of property tax exchange before LAFCo can schedule an application for hearing. The time from receipt of an application by LAFCo and completion following action at a public hearing ranges from two to five months.
- LAFCo staff processes the application, and prepares a staff report and recommendation for action. The Commission considers the staff report and application packet at a public hearing along with any written and oral comments. The Commission relies on the environmental document prepared by the City as responsible agency under CEQA. The Commission may continue the matter for up to 70 days, approve the application as submitted, deny it, or approve it with modifications or conditions.
- If the application is approved and the area is uninhabited (fewer than 12 registered voters) and there is 100 percent landowner consent, LAFCo can waive the protest hearing and order annexation. If the application is approved and there are 12 or more registered voters and less than 100 percent landowner signature consent for annexation, it is scheduled for a protest hearing at which landowners and voters in the annexation area have the opportunity to submit written protest against the annexation.
- The Commission shall order the reorganization subject to confirmation by the voters as follows: (1) In the case of inhabited territory, protests have been signed by either of the following: (A) At least 25 percent of the number of landowners within the affected territory who own at least 25 percent of the assessed value of land within the annexation territory. (B) At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, any subject agency within the affected territory. Note: If more than 50 percent of the registered voters submit protest, the application is terminated.
- If annexation is approved with or without protest/election and all conditions have been met, LAFCo records the certificate of completion after a 30-day waiting period. The effective date of the annexation is the date of recordation.
San Mateo LAFCo
August 5, 2016