LAFCo Home Page
LAFCo Home Commissioners and Staff Hearing Information Municipal Service Review - MSR Forms

Disadvantaged Unincorporated Communities Information

Senate Bill 244 (Wolk), passed in 2011, was significant for LAFCo-related legislation.  The purpose of this bill is to begin addressing the complex legal, financial, and political barriers that contribute to regional inequity and infrastructure deficits within disadvantaged unincorporated communities (DUCs).  SB 244 requires LAFCos, cities, and counties to identify and include DUCs in their long-range planning efforts.

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH) requires LAFCos to make certain determinations regarding DUCs when considering a change of organization, reorganization, sphere of influence (SOI) updates, and when conducting municipal service reviews (MSRs).  For any updates to an SOI of a local agency (city or special district) that provides public facilities or services related to sewer, municipal and industrial water, or structural fire protection, the Commission shall consider and prepare written determinations regarding DUCs.  State law also places restrictions on annexations proposals to cities if the proposal is contiguous to a DUC.

SB 244 also requires cities to identify and plan for DUCs on or before the due date for the next adoption of its housing element pursuant to Section 65588, each city shall review and update the land use element of its general plan, based on available data, including, but not limited to, the data and analysis developed pursuant to Section 56430 [MSRs].  Please, note that SB 244 statutory requirements designated to cities are independent from requirements designated to LAFCos.

DUCs are defined by statute as inhabited territory (meaning 12 or more registered voters), or as determined by commission policy, that constitutes all or a portion of a community with an annual median household income (MHI) that is less than 80 percent of the statewide annual MHI.  On January 9, 2013, Fresno LAFCo exercised its powers under CKH and adopted policy which refined the DUC definition within Fresno LAFCo's jurisdiction consistent with CKH. Fresno LAFCo's DUC Policy characterizes DUCs to have at least 15 dwelling units at a density not less than one unit per acre.  Additionally, Commission policy includes "Legacy Communities" which is defined as a geographically isolated community that meets the DUC criteria, is at least 50 years old, and is beyond the adopted SOI of any City. 

The statewide MHI data is obtained from the U.S. Census Bureau - American Communities Survey 2006-2010.  California's MHI for this period was $60,883. The qualifying MHI threshold for a DUC is 80% less than the MHI figure identified for the state, any area with a MHI less than $48,706.  DUCs identified on the maps prepared by Fresno LAFCo are the results of staff efforts to date to identify these communities pursuant to Fresno LAFCo Policy 106- LAFCo Disadvantaged Communities Policy.  Additional DUCs will be identified as part of the Commission's Municipal Service Reviews Program and as new Census data becomes available.

The links below provide additional information regarding Disadvantaged Unincorporated Communities:
Senate Bill 244 Chaptered
LAFCo - Government Code Section 56033.5
Cities - Government Code Section 65302.10
Office of Planning and Research:  Technical Advisory - SB 244: Land Use, General Plans, and Disadvantaged Communities

Fresno LAFCo DUC Information: 
      January 9, 2013 - Adopted Policy for the implementation of SB 244
          Staff Report
          Resolution
      February 18, 2015 - Adopted Procedure for Implementation of the Commission's DUC Policy
          Staff Report
          Resolution
          East Side County DUC Map
          West Side County DUC Map
          PowerPoint Presentation

Fresno LAFCo's DUC Maps (*DUC database information may change over time):
          East Side County DUC Map

          West Side County DUC Map