Article 4. Initiation By Petition of California Government Code >> Division 3. >> Title 5. >> Part 3. >> Chapter 3. >> Article 4.
(a) Before circulating any petition for change of
organization for a city with a population of more than 100,000 which
is located in a county with a population of over 4,000,000, the
proponents shall publish a notice of intention which shall include a
written statement not to exceed 500 words in length, setting forth
the reasons for the proposal. The notice shall be published pursuant
to Section 56153. The notice shall be signed by at least one, but not
more than three, chief petitioners and shall be in substantially the
following form:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition
proposing to ____ territory to the City of ____.
The reasons for the proposal are:
(b) Within five days after the date of publication, the chief
petitioners shall file with the clerk of the city and the executive
officer a copy of the notice together with an affidavit made by a
representative of the newspaper in which the notice was published
certifying to the fact of publication.
(c) After the filing required pursuant to subdivision (b), the
petition may be circulated for signatures.
A petition for the incorporation of a city shall be signed
by either of the following:
(a) Not less than 25 percent of the registered voters residing in
the area to be incorporated, as determined by the commission pursuant
to subdivision (f) of Section 56375.
(b) Not less than 25 percent of the number of owners of land
within the territory proposed to be incorporated who also own not
less than 25 percent of the assessed value of land within the
territory proposed to be incorporated, as shown on the last equalized
assessment roll of the county.
A petition for the disincorporation of a city shall be
signed by not less than 25 percent of the registered voters residing
in the city proposed to be disincorporated as shown on the county
register of voters.
A petition for the consolidation of two or more cities shall
be signed by not less than 5 percent of the registered voters of
each affected city as shown on the county register of voters.
A petition for annexation of territory to a city shall be
signed by either of the following:
(a) Not less than 5 percent of the number of registered voters
residing within the territory proposed to be annexed as shown on the
county register of voters.
(b) Not less than 5 percent of the number of owners of land within
the territory proposed to be annexed who also own 5 percent of the
assessed value of land within the territory as shown on the last
equalized assessment roll.
A petition for detachment of territory from a city shall be
signed by either of the following:
(a) Not less than 25 percent of the registered voters residing
within the territory proposed to be detached, as shown on the county
register of voters.
(b) Not less than 25 percent of the number of owners of land
within the territory proposed to be detached who also own 25 percent
of the assessed value of land within the territory, as shown on the
last equalized assessment roll.
The commission shall not approve or conditionally approve
any proposal that includes a disincorporation, unless, based on the
entire record, the commission makes all of the following
determinations:
(a) The proposed disincorporation is consistent with the intent of
this division to provide for a sustainable system for the delivery
of services.
(b) The commission has considered the service reviews of municipal
services and spheres of influence of the affected local agencies,
and the disincorporation will address the necessary changes to those
spheres of influence, if any.
(c) It has reviewed the comprehensive fiscal analysis prepared
pursuant to Section 56804.
(d) It has reviewed the executive officer's report and
recommendation prepared pursuant to Section 56665, and the oral or
written testimony presented at its public hearing.
(e) The service responsibilities of the city proposed for
disincorporation have been assigned through terms and conditions
authorized by Sections 56885.5, 56886, and 57302, and Chapter 5
(commencing with Section 57400) of Part 5.