Section 56428 Of Chapter 4. Spheres Of Influence From California Government Code >> Division 3. >> Title 5. >> Part 2. >> Chapter 4.
56428
. (a) Any person or local agency may file a written request
with the executive officer requesting amendments to a sphere of
influence or urban service area adopted by the commission. The
request shall state the nature of the proposed amendment, state the
reasons for the request, include a map of the proposed amendment, and
contain any additional data and information as may be required by
the executive officer.
(b) After complying with the California Environmental Quality Act,
Division 13 (commencing with Section 21000) of the Public Resources
Code, the executive officer shall place the request on the agenda of
the next meeting of the commission for which notice can be given. The
executive officer shall give notice in the manner provided by
Section 56427. On the date and time provided in the notice, the
commission may do either of the following:
(1) Without further notice, consider the amendments to a sphere of
influence.
(2) Set a future date for the hearing on the request.
(c) The executive officer shall review each requested amendment
and prepare a report and recommendation. The report shall be
completed not less than five days before the date specified in the
notice of hearing. The executive officer shall send copies of the
report to the person or agency making the request, each affected
local agency, and each person who has filed a request for a report.
(d) At its meeting, the commission shall consider the request and
receive any oral or written testimony. The consideration may be
continued from time to time, but not to exceed 70 days from the date
specified in the original notice. The person or agency which filed
the request may withdraw it at any time prior to the conclusion of
the consideration by the commission.
(e) At the conclusion of its consideration, the commission may
approve with or without amendment, wholly, partially, or
conditionally, or disapprove the request. The commission shall follow
the procedures in Section 56425.
(f) The commission may require the person or agency making a
request pursuant to this section to pay a fee to cover the commission'
s costs. The fee shall not exceed the estimated reasonable cost of
providing the service and shall be set pursuant to Section 56383. The
commission may waive the fee if it finds that the request can be
considered and studied as part of the periodic review of spheres of
influence required by Section 56425. In addition, the commission may
waive the fee if it finds that payment would be detrimental to the
public interest.
(g) The commission and executive officer may review and act on any
request to amend a sphere of influence or urban service area
concurrently with their review and determination on any related
change of organization or reorganization. In case of a conflict
between the provisions of this section and any other provisions of
this part, the other provisions shall prevail.