HomeMy WebLinkAboutItem No. 03 - Spring Trails Specific Plan Project Area
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Staff Report
City of San Bernardino
Request for Council Action
Date: May 6, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Resolution Declaring Intent to Annex a 26 Acre Area
Containing 6 Parcels
Recommendation
Adopt Resolution No. 2020-87 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to annex a 26-acre area containing six
parcels in the unincorporated County that is totally-surrounded by the City of San
Bernardino, and direct the City Manager to submit the Resolution to the Executive
Officer of LAFCO.
Background
In March 2013, the City of San Bernardino approved the Spring Tr ails Specific Plan
(SP10-01), which included a variety of underlying entitlements. The Specific Plan
approvals included the adoption of Resolution No. 2013 -34 that certified the Final
Environmental Impact Report, the adoption of a Mitigation Monitoring an d Reporting
Plan, the adoption of a General Plan Amendment No. GPA-02-09 (including the pre-
annexation of the Specific Plan area), the approval of Tentative Tract Map No. 15576,
and the approval of a Development Agreement.
In March 2015, Montecito Equities, Ltd., (Developer) filed a Landowner Petition for
annexation with the San Bernardino County Local Area Formation Commission
(“LAFCO”). Since that time, the Applicant has been working with LAFCO seeking
approval of the annexation of the area known as S pring Trails into the City of San
Bernardino (Note: Additional details of the annexation proceedings are provided in both
Attachments 1 and 2).
At the January 15, 2020 meeting, the Mayor and City Council considered the
annexation of the remaining unincorporated island of land abutting the Spring Trails
Specific Plan Project area. Subsequent to discussion on the matter, the City Council
tabled the item to an unspecified date.
On March 18, 2020, the Mayor and City Council discussed this item in Closed Session
centered on a threat of litigation. Based on City Council direction, this item is now back
before the Mayor and City Council for consideration.
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Discussion
On October 16, 2019, LAFCO adopted Resolution No. 3091 approving the annexation
of the Spring Trails Specific Plan Project Area (LAFCO Annexation No. 3188A) into the
City of San Bernardino, subject to certain conditions of approval. During the processing
of the annexation, there was a 26 -acre area including 6 parcels that was removed from
the annexation that created an unincorporated island surrounded by the City of San
Bernardino. This area was removed because the registered voters occupying the six
single-family residences located within the Project area had vocally opposed the Spring
Trails Specific Plan Project, and it was unlikely that the annexation of the entire area
including the island would be successful. As a result, the annexation continued without
the unincorporated island area (See Attachment 2, Location Map - Remaining
Unincorporated Island).
With respect to the above mentioned conditions of approval, LAFCO imposed the
Condition of Approval No. 4 that states the following:
The City of San Bernardino shall be required to initiate annexation of the
totally-surrounded island within one year of the Commission’s approval of
LAFCO 3188A (a copy of which is attached as Exhibit B). A resolution by
the City Council of the City of San Bernardino shall be submitted to the
Executive Officer of LAFCO outlining the City’s commitment to fulfilling this
requirement prior to the issuance of the Certificate of Completion for
LAFCO 3188A. A status report shall be provided to the Commission at
the six month date outlining the progress of the City of San Bernardino in
fulfilling its obligation. Failure on the part of the City of San Bernardino to
fulfill its commitment to annex the totally-surrounded island shall require
that the next annexation proposed to the City of San Bernardino, either by
the City through resolution or by property owner/registered voter petition to
include a condition requiring the initiation of annexation of the totally -
surrounded island. Said condition of approval shall be deemed completed
upon the issuance of the Certificate of Filing for said island.
The above Condition of Approval No. 4 imposed by LAFCO holds the Certificate of
Completion for LAFCO Annexation No. 3188A (Spring Trails Specific Plan Project Area)
on hold until (a) the City of San Bernardino Mayor and City Council adopts a resolution
identifying its commitment to annex the 26-acre unincorporated island area at some
time in the future, and (b) the City of San Bernardino submits a copy of the adopted
resolution to the Executive Officer of LAFCO. In essence, Condition of Approval No. 4
places a hold of Montecito Equities, Ltd., (Developer) the ability to proceed with the
construction of the project until after the City Council adopts a resolution confirming its
intent to annex the unincorporated island area into the City a sometime in the future.
2020-2025 Key Strategic Targets and Goals
The adoption of a Resolution committing to the annexation of the remaining
unincorporated island area is consistent with Key Target No 1: Secure a long-term
revenue source. Specifically, the area considered for annexa tion is within the City’s
sphere of influence and has been anticipated for development as identified in the City’s
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comprehensive General Plan. Future in-fill development, such as that proposed as part
of the Spring Trails project, will be a catalyst to en courage new development in the city
that will generate additional revenue.
Fiscal Impact
The adoption of the Resolution committing to the future annexation of the remaining
unincorporated island does not require the expenditure of any General Fund reve nue at
this time.
Conclusion
On October 16, 2019, LAFCO adopted Resolution No. 3091 approving the annexation
of the Spring Trails Specific Plan Project Area (LAFCO Annexation No. 3188A) into the
City of San Bernardino, subject to certain conditions of approval. A condition of
approval was included as part of Resolution No. 3091, which requires that the Mayor
and the City Council of the City of San Bernardino adopt a resolution confirming its
intent to annex the unincorporated island area into the City a sometime in the future.
It is, therefore, staff’s recommendation that the Mayor and City Council of the City of
San Bernardino, California, adopt Resolution No. 2020 -87, declaring its intention to
annex a 26-acre area containing six parcels in the unincorporated County that is totally-
surrounded by the City of San Bernardino, and direct the City Manager to submit the
Resolution to the Executive Officer of LAFCO.
Attachments
Attachment 1 November 18, 2019 Letter from Gresham Savage
Attachment 2 Location Map - Remaining Unincorporated Island
Attachment 3 August 21, 2019, LAFCO Agenda Packet
Attachment 4 October 16, 2019, LAFCO Agenda Packet
Ward: 5
Synopsis of Previous Council Actions:
March 2013 The Mayor and Common Council approved the Spring T rails
Specific Plan and all other underlying entitlement for the project.
Resolution No. 2020-87
RESOLUTION 2020-87
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY REGARDING THE
SPRING TRAILS SPECIFIC PLAN PROJECT TO THE
CITY OF SAN BERNARDINO, CALIFORNIA
WHEREAS, in March 2013, the City of San Bernardino (“City”) approved the Spring
Trails Specific Plan Project (SP10-01) that included a variety of underlying entitlements,
including the adoption of Resolution No. 2013-34 that certified the Final Environmental Impact
Report, the adoption of a Mitigation Monitoring and Reporting Plan, the adoption of a General
Plan Amendment No. GPA-02-09 (including the pre-annexation of the Specific Plan area), the
approval of Tentative Tract Map No. 15576, and the approval of a Development Agreement; and
WHEREAS, in March 2015, the applicant, Montecito Equities, Ltd., filed a Landowner
Petition for annexation with the San Bernardino County Local Area Formation Commission
(“LAFCO”). Since that time, the applicant has been working with LAFCO seeking approval of
the annexation of the area known as the Spring Trails into the City of San Bernardino; and
WHEREAS, on October 16, 2019, LAFCO adopted Resolution No. 3291 approving the
annexation of the Project (LAFCO Annexation No. 3188A) into the City, subject to certain
conditions of approval; and
WHEREAS, the annexation resulted in the creation of a twenty-six (26)-acre totally-
surrounded island area comprised of six (6) parcels (“Island Territory”), depicted in that map
entitled “Location Map – Remaining Unincorporated Island,” attached hereto and incorporated
herein by this reference; and
WHEREAS, one of the conditions of approval in LAFCO’s Resolution No. 3291 was
that the City initiate annexation of the Island Territory within one (1) year of LAFCO’s approval
of LAFCO Annexation No. 3188A; and
WHEREAS, presently the six (6) parcels of the Island Territory remain a part of
unincorporated County of San Bernardino; and
WHEREAS, the City Council now desires to proceed to adopt this Resolution of
Intention to initiate the annexation of the Island Territory to the City and to describe the Island
Territory proposed to be annexed.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
Resolution No. 2020-87
SECTION 2. The proceedings for annexation are initiated by this City Council pursuant
to the authorization provisions contained in the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Gov. Code § 56000 et seq.).
SECTION 3. The City Council hereby determines that the public convenience and
necessity requires that the Island Territory be added to the City and it declares its intention to
annex the Island Territory to the City.
A description of the Island Territory is as follows:
All that property within the Island Territory proposed to be annexed to the City,
as such property is shown on the map entitled “Location Map – Remaining
Unincorporated Island,” attached hereto and a copy of which is on file in the
Office of the City Clerk and shall remain open for public inspection.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this day of , 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
Resolution No. 2020-87
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-XXX, adopted at a regular meeting held on the day of
, 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this day of
, 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
SAN BERNARDINO 550 East Hospitality Lane, Suite 300 San Bernardino, California 92408
SAN DIEGO 401 West A Street, Suite 925 San Diego, California 92101
RIVERSIDE Mission Inn Plaza Riverside, California 92501 (By Appointment Only)
GreshamSavage.com
M681-000 -- 3770661.1
Mark.Ostoich@GreshamSavage.com ∙ San Bernardino Office
(909) 890‐4499 ∙ fax (909) 890‐9690
November 18, 2019
VIA E‐MAIL ‐ Ledoux_Te@sbcity.org
AND HAND DELIVERED
Teri Ledoux, City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Re: Spring Trails Specific Plan Project (SP10‐01)
Dear Teri:
As you know, we represent Montecito Equities, Ltd., the owner and developer of the
Spring Trails Specific Plan Project (SP10‐01), approved by the City of San Bernardino
in March 2013. The Specific Plan approvals, which are final and fully‐vested, include
adoption of Resolution No. 2013‐34; certification of the Final Environmental Impact
Report; adoption of the Mitigation Monitoring and Reporting Plan; adoption of
General Plan Amendment No. GPA 02‐09 (including pre‐annexation of the Specific
Plan area); approval of Tentative Tract Map No. 15576; and approval of a
Development Agreement (collectively, the “Specific Plan Approvals”).
On October 16, 2019, the San Bernardino County Local Agency Formation
Commission adopted Resolution No. 3091 approving the annexation of the Project
(LAFCO Annexation No. 3188A) into the City, subject to certain conditions of
approval. The annexation resulted in the creation of a 26‐acre totally‐surrounded
island area comprised of six parcels. Although the six parcels receive the bulk of these
municipal services from the City (except for fire), they will remain a part of
unincorporated County of San Bernardino (the “Island Area”), until eventually
annexed into the City.
With respect to the Island Area, the conditions of approval imposed by LAFCO in
Resolution No. 3091 included Condition No. 4, which provides as follows:
The City of San Bernardino shall be required to initiate annexation of
the totally‐surrounded island within one year of the Commissionʹs
approval of LAFCO 3188A (a copy of which is attached as Exhibit B).
Teri Ledoux, City Manager
City of San Bernardino
November 18, 2019
Page 2
M681-000 -- 3770661.1
A resolution by the City Council of the City of San Bernardino shall
be submitted to the Executive Officer of LAFCO outlining the Cityʹs
commitment to fulfilling this requirement prior to the issuance of the
Certificate of Completion for LAFCO 3188A. A status report shall be
provided to the Commission at the six month date outlining the
progress of the City of San Bernardino in fulfilling its obligation.
Failure on the part of the City of San Bernardino to fulfill its
commitment to annex the totally‐surrounded island shall require that
the next annexation proposed to the City of San Bernardino, either by
the City through resolution or by property owner/registered voter
petition, to include a condition requiring the initiation of annexation
of the totally‐surrounded island. Said condition of approval shall be
deemed completed upon the issuance of the Certificate of Filing for
said island.
In effect, LAFCO Condition No. 4 holds the Certificate of Completion for annexation
of the Project in abeyance unless and until (i) the City Council adopts a resolution
“outlining the City’s commitment” to annex the Island Area at some point in the
future and (ii) provides the adopted resolution to LAFCO’s Executive Officer.
Therefore, the annexation will not be complete and Montecito will not be permitted to
move forward with construction of the Project in accordance with the Specific Plan
Approvals until after the City Council adopts a resolution confirming its intent to
annex the Island Area into the City at some future date.
The purpose of this letter is to formally request that the City Council consider the
future annexation of the Island Area and adoption of a resolution evidencing its
commitment to do so, as required under Condition No. 4, at a future hearing.
Brief Project and Annexation History
As noted above, the Project has long been included as part of the City’s Sphere of
Influence, and was originally entitled by the City in March 2013. Following the
March 4, 2013 approval of the Project, the Mayor and Common Council considered a
resolution to initiate the annexation of the Project, including the Island Area; however,
the Common Council ultimately voted not to initiate annexation at its hearing held on
November 3, 2014. The Common Council did so despite the fact that the Specific Plan
Approvals, including Resolution 2013‐34 and the Project Development Agreement,
expressly require the City to initiate annexation of the Project territory and that failure
to initiate annexation would constitute a breach of these approvals.
Teri Ledoux, City Manager
City of San Bernardino
November 18, 2019
Page 3
M681-000 -- 3770661.1
As a result of the City’s failure to comply with its obligations under the Development
Agreement and Resolution No. 2013‐34 to initiate annexation of the Project territory,
Montecito filed a Landowner Petition for annexation with LAFCO in March 2015. The
application was based on an analysis that concluded that the annexation territory,
with less than 12 registered voters, was considered “uninhabited” under the LAFCO
regulations. Because the land owned by Montecito, the petitioning landowner,
comprised most of the assessed value within the annexation territory, the proposed
annexation of the Project territory as an “uninhabited” territory was assured of
success.
After the City’s approval of the Project, the voter registration within the Project area
suspiciously increased from eight registered voters to sixteen registered voters
between April 2013 and June 2015.1 The result of this increase was to convert the
annexation from an “uninhabited” territory to an “inhabited” territory. The voter
registration increase was significant, because when inhabited territory is annexed, an
election must be held and votes are cast on a per voter basis. Because the registered
voters allegedly occupying the six single‐family residences located within the Project
territory had vocally opposed the Project, it was unlikely that annexation of the Project
and surrounding area would be successful. For this reason and in order to further the
Project consistent with the Specific Plan Approvals, Montecito was forced to reduce
the annexation territory to include solely the Specific Plan Area. Accordingly, the six
non‐Project parcels comprising the Island Area were removed from the Project
annexation territory.2
As a result of the removal of the Island Area from the Project, the reorganization
before LAFCO is considered an “island” annexation. Section 56744 of the Cortese‐
Knox‐Hertzberg Local Government Reorganization Act of 2000 (“Act”) provides that
territory cannot be annexed if, as a result of the annexation, unincorporated territory is
1 Based upon our analysis of the voter registration activity, three of the newly registered voters
reside at an address assigned to vacant land; one of the newly registered voters has listed an
address that is outside the annexation area (however, it is depicted by the Registrar of Voters as
being within the annexation territory); and the voter registration count doubled for one
residence, thereby increasing the registered voters for the particular residence from two to four.
These suspicious activities were promptly reported to the Registrar of Voters; however, the
Registrar declined to investigate and deferred the matter to the District Attorney’s Office.
Ultimately, no action was taken to address these voter registration changes within the Project
territory.
2 As noted above, the parcels comprising the Island Area receive all municipal services from the
City, except for fire which is provided by the County Fire Department to all areas of the City.
LOCAL AGENCY FORMATION COMMISSION
FOR SAN BERNARDINO COUNTY
1170 West Third Street, Unit 150, San Bernardino, CA 92415-0490
(909) 388-0480 Fax (909) 388-0481
lafco@lafco.sbcounty.gov
www.sbclafco.org
DATE: AUGUST 14, 2019
FROM: SAMUEL MARTINEZ, Executive Officer
MICHAEL TUERPE, Project Manager
JEFFERY LUM, LAFCO GIS/Database Analyst
ROBERT ALDRICH, Consultant
TO: LOCAL AGENCY FORMATION COMMISSION
SUBJECT: Agenda Item #8: LAFCO 3188A -- Reorganization to include Annexation
to the City of San Bernardino and to the San Bernardino County Fire
Protection District Zone FP-5 San Bernardino, and Detachment from
County Service Area 70 (Spring Trails Specific Plan)
INITIATED BY:
Property Owner Petition – Montecito Equities, Ltd., landowner
BACKGROUND:
The reorganization proposal is an annexation to the City of San Bernardino (hereafter the
“City”) and to Zone FP-5 San Bernardino1 of the San Bernardino County Fire Protection
District, and detachment from County Service Area 70. The proposal encompasses
approximately 350 acres and is generally located north of the Verdemont neighborhood, east
of the community of Devore and northeasterly of the I-215 Freeway. The area is bordered
by parcel lines on the north and east, a combination of parcel lines and the centerline of
West Meyers Road (existing City of San Bernardino boundary) on the south, and parcel lines
(portion of existing City boundary) on the west, within the City’s existing sphere of influence.
A vicinity map is included as Attachment #1 to this report. The map below (Figure 1)
provides a general location of the area to be annexed into the City.
For over 20 years, the Local Agency Formation Commission and its staff have been involved
in discussions with the City and/or the landowner regarding the delivery of services for a
development proposal within the annexation area known as the Spring Trails Specific Plan ,
or its predecessor—Martin Ranch.
1 The proposal area is already within the San Bernardino County Protection District and its Zone FP -5.
The annexation into “Zone FP-5 San Bernardino” would isolate the special tax revenues of Zone FP-5 to
the service area of the City.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
2
Fig. 1 – Vicinity Map
Sphere of Influence Expansion (LAFCO 2808)
In 1996, the Commission reviewed and considered
a sphere of influence expansion proposal, LAFCO
2808, which was initiated by the property owner to
include the proposal area (known then as Martin
Ranch) into the City’s sphere of influence (see
Figure 2). The Commission approved the sphere
expansion proposal noting that future development
would logically be served by the City and that the
City should assume the primary role in developing
the land use and service plans for the area. It was
outlined at that time that the approval of the sphere
expansion was simply to allow the landowner and
the City to move forward in completing the pre-
zoning, general plan amendment, and a
comprehensive Environmental Impact Report for
the project.
Fig. 2 – LAFCO 2808
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
3
Project History
This primer box provides a history of the project since its inception in 1996.
The Spring Trails Specific Plan (or Martin Ranch) is a project that the City of San Bernardino
has extensively reviewed, evaluated, and ultimately approved (and/or adopted) after years of
processing. The Martin Ranch project was first submitted to the City in 1996. In 1998, a
Notice of Preparation (NOP) was issued for the project; however, the ensuing Draft
Environmental Impact Report (EIR) was rejected by the City’s Planning Department.
In December 2002, the application for the General Plan Amendment (GPA 02-09) and
Tentative Tract Map (15576) was filed with the City. A revised Draft EIR was released in
2002. In October 2003, a major fire burned through the project site requiring preparation of a
new Draft EIR. In 2004, a new NOP reflecting the revised project was issued by the City. It
included a general plan amendment and pre-zoning for the project site and the adjacent
unincorporated (island) area which designated the area as Planned Residential
Development, the establishment of a Hillside Management Overlay District to allow lot size
averaging, and a Tentative Tract Map to subdivide the project site into approximately 359
lots. However, the 2004 Draft EIR, which addressed traffic, access, as well as other issues,
was never circulated for public review.
In 2005, the project was again revised to pre-zone the project site to Residential Low and the
adjacent unincorporated (island) area to Residential Estate. A new Draft EIR was not
released until 2006 when the City released a completed Draft EIR. Significant issues were
again raised, and the City opted to prepare a revised Draft EIR to address concerns related
to noise, air quality, biological resources, geotechnical issues and fire safety.
In 2007, another fire on the site required further changes to the project. A new NOP was
released for public review in 2009 along with an Initial Study. In March 2010, the application
for the Specific Plan (SP 10-01) was filed with the City. Due to significant technical issues ,
the revised Draft EIR was not released until July 2011. Applications for a Development
Agreement (DA 11-01) and a Development Code Amendment (DCA 12-10) were filed with
the City in October 2011 and October 2012, respectively.
In November 2012, the City’s Planning Commission hel d a public hearing to consider the
component actions for the Spring Trails Specific Plan (except for the Development
Agreement portion of the project which was continued at the request of the property owner)
but recommended denial of all the actions. In January 2013, the City’s Planning
Commission held another public hearing to consider the Development Agreement, and it
also recommended denial of the proposed Development Agreement.
Finally, on February 19, 2013, the City Council reviewed and considered the Final EIR, the
Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding
Considerations and the recommendations of the City’s Planning Commission related to the
Spring Trails Specific Plan, the General Plan Amendment, the Development Code
Amendment, Tentative Tract Map 15576 to subdivide the project site into 304 single -family
residential lots and the project’s Development Agreement. The City Council reversed the
Planning Commission’s recommendations and approved and/or adopted all actions related
to the Spring Trails Specific Plan.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
4
Prior Proposal (LAFCO 3188)
In March 2015, the property owner—Montecito Equities, Ltd—submitted a property owner
petition including the application materials for the proposed reorganization to the City (see
Attachment #2). The applicant not only requested the annexation of its properties but also
included the adjacent unincorporated area totaling approximately 376 acres (see Figure 3).
It should be noted that the City (and the applicant)
included the adjacent unincorporated area as part of
its proposal to prevent the creation of a totally-
surrounded unincorporated island territory within the
City. This is why the adjacent 26-acre unincorporated
area was included in the City’s environmental
assessment for the project.
However, during the circulation of the Notice of Filing
for LAFCO 3188, the Registrar of Voters (ROV)
certified on July 2, 2015 that there were 16 registered
voters within the reorganization area (see Attachment
#3). That changed the annexation proposal from
being (initially) an “uninhabited” annexation (less than
12 registered voters) to an “inhabited” annexation
which allows for registered voter protest. This also
meant likely termination due to registered voter
protest—primarily from within the unincorporated
island area. As a result, the applicant requested that
LAFCO suspend the processing of its application
proposal pending the outcome of the voter registration
verification process by the ROV.
Current Proposal (LAFCO 3188A)
After almost a year, there still was no resolution from
the ROV on the applicant’s request for verification of
registered voters within the annexation area. This
prompted the applicant to submit a revised application
proposal that removed the adjacent unincorporated
area from its proposal boundary (see Attachment #4).
Figure 4 illustrates the applicant’s revised boundary
that excludes the adjacent unincorporated area.
Hence, the current proposal, LAFCO 3188A, creates
a totally-surrounded island territory within the City.
The reason for the delay in processing this proposal
since the time it was re-initiated by the applicant was
Fig. 3 – LAFCO 3188
LAFCO
3188
Fig. 4 – LAFCO 3188A
LAFCO
3188A
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
5
due to the modifications that had to be incorporated into the Plan for Service and Fiscal Impact
Analysis to reflect the change in fire service between the City and County Fire, as well as the
property tax transfer process between the County and the City.
Property Tax Transfer Process
In May 2017, both the County and the City were scheduled to approve their respective
property tax transfer resolutions; however, the City ended up not agreeing to the exchange
and took no action on its property tax transfer resolution at that time. This prompted the
dispute resolution process outlined in Revenue and Taxation Code Section 99(e) that
requires mediation and/or arbitration.
As the Commission is fully aware, the tax sharing formula in San Bernardino County
(between the County and cities) is calculated in the same manner as all other annexations.
However, because of the City’s unique property tax exchange process with County Fire
through its fire reorganization, the City raised questions on whether an alternative formula
was appropriate. The County and the City jointly retained a third-party consultant (David
Taussig and Associates) to perform an independent financial analysis of the property tax
revenues. That process took several months to get underway and was finally completed in
June 2018. Negotiations continued until all parties agreed.
The City adopted its property tax resolution on March 20, 2019, and the County, likewise,
adopted its property tax resolution on May 21, 2019, determining the amount of property tax
revenues to be exchanged among the County, the City, and County Fire.
BOUNDARIES:
The proposal, as submitted by the applicant, includes the annexation of properties solely
associated with the Spring Trails Specific Plan and does not include the adjacent
unincorporated area that, should LAFCO 3188A be approved by the Commission, will
become a totally-surrounded island within the City of San Bernardino. In staff’s view, the
Commission has the following options to address the island area:
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
6
Option 1
Option 1 is to approve the proposal, LAFCO 3188A,
as submitted by the applicant. This would leave an
unincorporated area totally surrounded by the City.
Clearly, it would be LAFCO staff’s preference not to
create an island. Therefore, if the Commission
chooses option 1, LAFCO staff would recommend
that the Commission make certain determinations
related to the creation of the island, and as a
condition of approval require the City to initiate a new
reorganization to annex the island area as a separate
proposal (see Figure 5).
Option 2
The Commission could modify the proposal by
expanding LAFCO 3188A to include the
unincorporated (island) area adjacent to the proposal
area, which would be the exact same area as the
prior proposal – LAFCO 3188 (see Figure 6).
As outlined in the earlier discussion related to the
prior proposal (LAFCO 3188) on pages 4 and 5, the
inclusion of the island area would change the
annexation proposal from being an uninhabited
annexation to an inhabited annexation since there
would be at least 12 registered voters within the
modified proposal.
From the beginning of the City’s consideration of the
Spring Trails project, many have expressed
opposition to the project. Since most of the
registered voters are from within the island portion of
the modified area, the probability of termination of the
expanded proposal would be highly likely.
Based on the options outlined above, LAFCO staff
recommends the Commission choose Option 1.
Although not an ideal boundary, it is LAFCO staff’s position that the imposition of the Condition
of Approval related to the island area as well as the Determination related to the creation of
the island, allows a mechanism for the Spring Trails Specific Plan, which is an easily
identifiable boundary for service delivery, to be annexed into the City of San Bernardino for the
services it requires.
A detailed comparison of the two options follows on the next two pages.
Fig. 6 – Option 2
Fig. 5 – Option 1
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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Option 1
Applicant’s Proposal Boundary, as Submitted to LAFCO
Proposal Boundary and Description:
A reorganization of 350 acres to include annexation
of only the Spring Trails Specific Plan (shown in red).
Pros:
The Commission identified the City as the
logical service provider for the area by
expanding the City’s sphere of influence in
1996.
Reorganization area will benefit from the
extension of City services.
No other agency can logically provide
municipal-level services to this area.
Proposal has 100% landowner consent,
allowing for the waiver of protest and
eliminating the possibility of termination.
Cons:
Applicant’s proposal boundary creates an unincorporated island (completely
surrounded by the City, shown in yellow) which is prohibited under Government Code
§56744, unless certain determinations can be made (see Discussion below).
The landowners and registered voters of the island (being outside the reorganization
area) would lack a process to overturn the Commission’s action.
Discussion:
Although an island of unincorporated area is being created, the Commission has the
statutory ability to waive the restrictions of creating an island (§56744) if it finds that
the restrictions would be detrimental to the orderly development of the community
and that the areas enclosed by the annexation cannot be reasonably annexed to
another city or incorporate as a city. A determination pursuant to §56375 has been
included in the Commission’s draft resolution and in the Recommendation portion of
this report.
A condition of approval is being recommended that would require the City to initiate a
separate reorganization to annex the island within one year of completion of LAFCO
3188A, and undergo standard protest proceedings on said island. The condition is
included in the Commission’s draft resolution and in the Recommendation portion of
this report.
Fig. 7 – Option 1
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
8
Option 2
Expanded Proposal Boundary
Expanded Boundary and Description:
An expanded reorganization area of 376 acres to
include annexation of the Spring Trails Specific Plan
(350 acres) and adjacent 26-acre unincorporated
area.
Pros:
The Commission identified the City as the
logical service provider to the area by
expanding the City’s sphere of influence in
1996.
Environmental Assessment already includes
the adjacent 26-acre unincorporated area.
Spring Trails Specific Plan area will benefit
from the extension of City services.
No other agency can logically provide
municipal-level services to this area.
Expanded boundary will not create an island.
The proposal would include a protest proceeding whereby island landowners and
registered voters could submit a protest to oppose the reorganization in order to
overturn the Commission’s action.
Cons:
Registered voter opposition within the expanded boundary would likely result in
sufficient protest to terminate the reorganization.
Without annexation to the City, the project—which requires municipal services—most
likely would not be able to develop.
Discussion:
This option is available to the Commission should it choose not to make a
determination to waive the restrictions of creating an island.
The Commission would have to continue the item in order to provide proper noticing.
The Spring Trails project and reorganization would be decided by the registered
voters within the reorganization area (not the landowners).
Fig. 8 – Option 2
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
9
The remainder of this report contains the following information:
Land Use
o County designations and City land use/pre-zone designations
o Spring Trails Specific Plan
o Constraints: fire hazard, fault zone, circulation, high wind areas, flood and drainage
Service Issues and Effects on Other Local Governments
Environmental Considerations
Waiver of Protest Proceedings
Conclusion
Recommendations
Determinations
Attachment Listing
LAND USE:
The reorganization area is predominantly vacant with the exception of an existing single-
family residence on one of the parcels (see Figure 9). The area is surrounded by a
combination of National Forest boundary and vacant lands to the east; a combination of
residential development including Meyers Road to the south; a combination of residential
development, vacant lands, and the National Forest boundary to the west; and the National
Forest boundary to the north.
Fig. 9 – Aerial Map
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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County Land Use Designations:
The County’s current land use designations for the reorganization area are: RL-5 (Rural
Living, 5 acres minimum), which provides sites for rural residential uses and incidental
agricultural uses; and RC (Resource Conservation), which provides sites for open space and
recreational activities, and single-family homes on large parcels.
City’s Land Use/Pre-zone Designation(s):
The City of San Bernardino has assigned the reorganization area as Spring Trails Specific
Plan District and has been pre-zoned the area as “Specific Plan No. 10-01, Spring Trails”
under its Special Purpose Zones through the City’s consideration of Ordinance No. MC-
1386, which was adopted on March 5, 2013. The underlying Spring Trails Specific Plan
zoning designations within the reorganization area are Residential (Estate), Open Space,
and Parks, which will take effect upon completion of the annexation process.
The Spring Trails Specific Plan zone designations are the pre-zoning for the proposal area
as required by Government Code §56375(a)(7). Pursuant to the provisions of Government
Code §56375(e), these zoning designations shall remain in effect for a period of two (2)
years following annexation unless specific actions are taken by the City Council at a public
hearing.
The Spring Trails Specific Plan
The Spring Trails Specific Plan (Included as Attachment #5), is a proposed development
within the 350-acre annexation area that was approved by the City Council of the City of San
Bernardino in February 2013. At that time the Specific Plan was approved by the City, it
contemplated development of 307 new single-family residential lots on approximately 242
acres and the remainder area for open space, parks, slopes, and other uses (see Figure 10).
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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Fig. 10 – Original Development Plan Fig. 11 – Current Development Plan
However, since the City’s approval of the Specific Plan, the land area to be developed and
the total number of residential lots have been reduced. Through subsequent analysis of the
geology and soils within the Specific Plan area, it has been determined by the landowner that
it is only feasible to construct 215 residential lots, and the land area to be developed has
been significantly reduced from 242 acres to 199 acres (see Figure 11). The Current
Development Plan configuration is also included as part of Attachment #1.
Constraints
Development of the Spring Trails Specific Plan includes a number of challenges that the
Commission should be aware of given the location of the project. Below is a summary of
some, but not all, of the constraints associated with the Spring Trails Specific Plan.
The Spring Trails is on the northern edge of the City in the foothills of the San Bernardino
Mountains. The area is generally bounded by the San Bernardino National Forest on three
sides and the elevation of the site ranges from approximately 2,010 feet above sea level at
its southern boundary to approximately 3,540 feet at the northern boundary. The topography
of the site varies from steep (over 30% slopes) in the north and southeast portions of the site
to gentle (0–15% slopes) in the central portion of the site. The site slopes to the southwest at
approximately 10 to 15%.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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Fire Hazard
Because the San Bernardino National Forest is
adjacent to the project site, with steep slopes and
high winds, the Spring Trails Specific Plan area is
at risk from wildland fires (see Figure 12). The
Foothill Fire Zone Overlay District identifies three
fire zones with different degrees of hazard based
on slope, type of fuel, and natural barriers.
Approximately one third of the site is in Fire Zone
A (Extreme Hazard with slopes 30% or greater),
one third of the site is in Fire Zone B (High Hazard
with slopes of 15–30%), and the remaining third is
in Fire Zone C (Moderate Hazard with slopes of
0–15%). As noted in the Spring Trails Specific
Plan, areas in the Foothill Fire Zones are required
to be developed with proper building separation,
landscaping, and building materials; adequate
emergency access and evacuation routes; and
sufficient water resources.
The recommended preventative measures are incorporated in the Specific Plan as
standards for fuel modification zones, setbacks, landscaping methods/materials, construction
materials/methods, and building protection systems. The Mitigation Monitoring Program for
the Specific Plan also outlines mitigation measures on fire safety.
Fault Zone
The site includes three traces of the San Andreas
Fault zone, which runs in a general east–west
direction (see Figure 13). As noted in the Spring
Trails Specific Plan, the southern portion of the
site is traversed by two faults: the main trace of
the San Andreas Fault and a secondary trace just
north of the main trace. The fault zone of the main
trace ranges from approximately 50 feet to 150
feet wide and the fault zone of the secondary
trace is approximately 40 feet wide.
The Spring Trails Specific Plan has been
designed to comply with the requirements of the
Alquist-Priolo Earthquake Fault Zoning Act, which
prevents the construction of buildings within 50
feet of active faults. Setbacks and additional fault
studies are included as mitigation measures in the
Mitigation Monitoring Program for the Spring
Trails Specific Plan.
Fig. 13 – Earthquake Faults
Fig. 12 – Topography (Fire Zones)
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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Circulation
Spring Trails require two points of access that directly connect to collector roads and avoid
existing neighborhoods. The primary access road to Spring Trails will be through the
southeast corner of the project site via a street extending from Little League Drive to the
project site. Secondary access to Spring Trails will be via a street extending from the
western edge of the project site to a frontage road along the I-215 Freeway. The secondary
access road is designed to restrict non-resident access onto Meyers Road. The Mitigation
Monitoring Program outlines mitigation measures to address wildlife corridors.
High Wind Areas
The City of San Bernardino experiences periods of high velocity winds, especially in the
Cajon Pass and at the bottoms of canyons. Spring Trails is included in the City’s designated
High Wind Area, which has certain building standards. Development will be required to
comply with the building standards for this area. The Mitigation Monitoring Program for the
Specific Plan outlines development guidelines for high wind areas.
Flooding and Drainage
Because Spring Trails sits on an alluvial plain on the slopes of the San Bernardino
Mountains, flooding and drainage are also critical factors. Spring Trails is designed to avoid
grading or construction of residences in the flood plains.
These are just some of the constraints associated with the Spring Trails Specific Plan.
LAFCO staff emphasizes the importance of the mitigation measures being implemented to
minimize or reduce the impacts. These mitigation measures must be implemented by the
City to allow development of the project. However, the Commission has no direct
responsibility in implementing these mitigation measures.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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SERVICE ISSUES AND EFFECTS ON OTHER LOCAL GOVERNMENTS:
In every consideration for jurisdictional change, the Commission is required to look at the
existing and proposed service providers within an area. Due to the vacant nature of the
lands currently, government service requirements are minimal – primarily law enforcement
and fire protection. The current service providers within the reorganization area include the
California Highway Patrol for law enforcement along existing roadways in unincorporated
areas, County of San Bernardino, San Bernardino County Fire Protection District, its Valley
Service Zone, and its Zone FP-5, and County Service Area 70 (unincorporated, multi-
function entity). In addition, the regional independent special districts, Inland Empire
Resource Conservation District and the San Bernardino Valley Municipal Water District
(State Water Contractor), overlay the reorganization area.
Plan for Service:
The City of San Bernardino has provided a “Plan for Service” for this proposal as required by
law and Commission policy. The Plan includes a Fiscal Impact Analysis outlining its ability to
provide its range of services and ongoing maintenance and operation to the area given the
anticipated revenues and expenditures associated with the project. Also included with the
materials for review is the Development Agreement approved by the City and the applicant,
outlining land use assumptions, financing and service requirements for the reorganization
area. The City of San Bernardino’s certified Plan for Service and Fiscal Impact Analysis and
its Municipal Water Department’s certification of the Plan for Service are included as
Attachment #6 to this report. In general, the Plan identifies the following:
Water Service:
Water service will be provided by the City’s Municipal Water Department, as outlined
in its Plan for Service. Current storage facilities nearest to Spring Trails is the Meyers
Canyon Reservoir, but is not adequate for buildout of Spring Trails. Therefore, water
will be supplied to Spring Trails by a combination of expanding and improving the
offsite water systems and the provision of onsite reservoirs and transmission lines.
The City’s Municipal Water Department outlines the need for the developer to enter
into an agreement with Department and provide its share of funding to construct the
infrastructure necessary to serve the new pressure zones. In addition, the developer
must enter into a developer-installed agreement and provide a performance bond to
install the required transmission and distribution mains for construction.
Sewer Service:
There is no sewage collection system within the area at the present time. The Sewer
Capacity Study concludes that the City’s existing sewer system has the capacity to
accommodate the project. The City’s wastewater collection system has transferred
from the City’s Public Works to the City’s Municipal Water Department.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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Spring Trails would connect to the existing 10-inch main located on Little League
Drive. The only offsite improvement that may be required is in North Little League
Drive, which may be upgraded from an 8-inch to a 10-inch main.
Fire Protection and Emergency Medical Response:
In 2016, the City of San Bernardino was annexed into the San Bernardino County
Fire Protection District (County Fire), its Valley Service Zone, and its Zone FP -5 for
fire protection and emergency medical response services. The area being annexed
is already within the boundaries of County Fire; therefore, fire protection and
emergency medical response services will continue to be provided by County Fire
and its Valley Service Zone. No change in actual service provider will occur upon
completion of the annexation.
The entire LAFCO 3188A is currently designated as State Responsibility Area (SRA)
lands. This designation would be removed upon annexation to the City and the
financial burden for fire protection becomes a responsibility of the City.
Fire stations and equipment of the City have since been transferred to County Fire
through the City’s fire reorganization. The closest fire station is Station 232 (6065
Palm Avenue) located approximately two miles away from the project site. Water
facilities for fire protection will meet water flow demands for the project.
As a result of the County Fire reorganizations, one of the conditions that was agreed
upon was to account for the special tax generated from within the different areas
being annexed into County Fire by creating subzones of County Fire’s Service Zone
FP-5. In the case for the City, Zone FP-5 San Bernardino was created to isolate said
funding generated from the City. Therefore, LAFCO 3188A includes annexation to
Zone FP-5 San Bernardino as part of the overall reorganization in order to isolate the
funding generated from reorganization area within the City of San Bernardino.
Law Enforcement:
Law enforcement responsibilities will shift from the San Bernardino County Sheriff’s
Department to the City of San Bernardino Police Department. The area is served by
a main police station located at 710 North D Street, and four designated geographical
patrol districts. The project area is within the City’s patrol beat B1 in the Northwest
Patrol District.
Park and Recreation:
Regional park and recreation services are currently provided by the County Regional
Parks system. The closest regional park is Glen Helen Regional Park, which has
various recreation activities. Due to the primarily vacant nature of the reorganization
area, local park amenities are not currently provided.
The City of San Bernardino has a variety of parks and recreation facilities. The
closest City park is the Al Guhin Park located approximately 1.3 miles from the
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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proposal area. The Spring Trails project plans to develop neighborhood parks,
natural open space, as well as pedestrian/equestrian trails.
Solid Waste
Solid waste services are currently provided by Burrtec Industries within the
reorganization area and within the City of San Bernardino (by contract). No change
in service provider will occur through the annexation.
Schools
The area is within the San Bernardino City Unified School District (SBCUSD). Upon
annexation, SBCUSD will continue to be the school district with North Verdemont
Elementary School, Chavez Middle School, and Cajon High School.
As required by Commission policy and State law, the Plan for Service submitted by the City
of San Bernardino and its Municipal Water Department show that the extension of the City’s
services to the reorganization area are required to provide the level of service anticipated by
the Spring Trails Specific Plan. Such service extensions will exceed current service levels
provided through the County as the area is primarily vacant at the present time.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
17
ENVIRONMENTAL CONSIDERATIONS:
The City’s processing of the Spring Trails Specific Plan project included the preparation and
certification of an Environmental Impact Report that was finalized by the City in 2013.
LAFCO’s Environmental Consultant, Tom Dodson and Associates, has reviewed the City’s
Complete Final Environmental Impact Report (EIR), which includes the Draft EIR and the
Final EIR, and indicated that the City’s environmental documents are adequate for the
Commission’s use as a responsible agency for LAFCO 3188A. Copies of the City’s
Complete Final EIR and all associated documents, were provided to Commissioners on July
22, 2019. Mr. Dodson has indicated in his letter to the Commission, included as Attachment
#9 to this report, the actions that are appropriate for the review of LAFCO 3188A, which are:
Certify that the Commission, its staff, and its Environmental Consultant have
individually reviewed and considered the environmental assessment for the Spring
Trails Specific Plan prepared by the City of San Bernardino;
Determine that the Complete Final EIR is adequate for the Commission’s use in
making its decision related to LAFCO 3188A;
Determine that the Commission does not intend to adopt alternatives or additional
mitigation measures for the project; that the mitigation measures identified in the
City’s environmental documents for the Spring Trails project are the responsibility of
the City and others, not the Commission;
Adopt the Facts, Findings and Statement of Overriding Considerations as presented
by Mr. Dodson, which are the conclusions made regarding the significance of a
project in light of the impacts and mitigation measures that have been identified . A
copy of this Statement is included as a part of Attachment #9 to this report; and,
Direct the Executive Officer to file the Notice of Determination within five days and
find that no further Department of Fish and Wildlife filing fees are required by the
Commission’s approval since the City, as lead agency, has paid said fees.
WAIVER OF PROTEST PROCEEDINGS:
The reorganization area is legally uninhabited (as determined by the Registrar of Voters
office) and LAFCO staff verified that the study area possesses 100% landowner consent to
the annexation. Therefore, if the Commission approves LAFCO 3188A and none of the
affected agencies have submitted written opposition to a waiver of protest proceedings, staff
is recommending that protest proceedings be waived. The actions would include direction to
the Executive Officer to complete the reorganization following completion of the mandatory
reconsideration period of 30-days.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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CONCLUSION:
In the mid-90s, the applicant already began planning the development of its landholdings
that encompass the Spring Trails Specific Plan area. This began by a request to LAFCO for
expansion of the City’s sphere of influence in 1996. The first development project was
originally called “Martin Ranch”. As noted in the History Section of this report, the prior
Martin Ranch and the current Spring Trails Specific Plan has been in the making for more
than 20 years with numerous changes to the project description and multiple Draft EIRs
prepared and revised since its inception. The final project approved and/or adopted by the
City of San Bernardino, which is the Spring Trails Specific Plan, requires a broad range and
level of municipal services that are only available through the City of San Bernardino.
The reorganization area will benefit from the extension of the City’s services as well as the
continuation of fire protection and emergency medical response services from the San
Bernardino County Fire Protection District and its Valley Service Zone based upon the
anticipated development of 215 (current configuration) single-family residences, open space,
parks, and other public facilities.
The Spring Trails Specific Plan was approved and adopted by the City with certain
guidelines, conditions of approval, and mitigation measures. Therefore, the Commission’s
approval of LAFCO 3188A assumes that the City will adhere to the parameters that have
been imposed on the Spring Trails Specific Plan and the mitigation measures outlined in the
Mitigation Monitoring Program for the Spring Trails Specific Plan.
However, approval of this proposal calls into question the issue related to the adjacent
unincorporated area that will become totally-surrounded by the City of San Bernardino. This
report provides for options for addressing the creation of said island territory. Staff
recommendations are to:
Include a determination required by Government Code Section 56375(m), which can
be applied to this proposal; and,
Include a condition that requires the City to initiate the totally-surrounded island area
within one year of the Commission’s approval of LAFCO 3188A.
For all these reasons, and those outlined throughout the staff report , staff recommends
approval of LAFCO 3188A.
However, should the Commission choose Option 2 (to expand the proposal) then the
Commission would have to continue the item in order to provide proper noticing.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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RECOMMENDATIONS:
The staff recommends that the Commission approve LAFCO 3188A by taking the following
actions:
1. With respect to the environmental review:
a. Certify that the Complete Final Environmental Impact Report (EIR) and other
related environmental documents prepared by the City of San Bernardino for
the Spring Trails Specific Plan have been independently reviewed and
considered by the Commission, its staff and its Environmental Consultant;
b. Determine that the Complete Final EIR for the project prepared by the City is
adequate for the Commission’s use as a California Environmental Quality Act
(CEQA) Responsible Agency for its determination related to LAFCO 3188A.
c. Determine that the Commission does not intend to adopt alternatives or
additional mitigation measures for the Spring Trails Specific Plan, and that the
mitigation measures identified for the project are the responsibility of the City
and others, not the Commission;
d. Adopt the Facts, Findings and Statement of Overriding Considerations as
presented by the Commission’s Environmental Consultant and attached to the
staff report; and,
e. Direct the Executive Officer to file the Notice of Determination within five days ,
and find that no further Department of Fish and Wildlife filing fees are required
by the Commission’s approval since the City, as CEQA Lead Agency, has paid
said fees.
2. Approve LAFCO 3188A, with the following determination: The Commission
determines that approval of LAFCO 3188A will create an unincorporated island
completely surrounded by the City of San Bernardino. Since the inclusion of the
island area would likely terminate the annexation proposal due to the number of
registered voters within said island, the Commission determines, pursuant to the
provision of Government Code Section 56375(m), to waive the restrictions on the
creation of a totally-surrounded island contained within Government Code Section
56744 because it would be detrimental to the orderly development of the community,
and it further determines that the area to be surrounded by the City of San Bernardino
cannot reasonably be annexed to another city or incorporated as a new city.
3. Approve LAFCO 3188A with the following conditions:
a. The City of San Bernardino shall be required to initiate annexation of the
totally-surrounded island within one year of the Commission’s approval of
LAFCO 3188A and process under standard protest proceedings. A resolution
by the City Council of the City of San Bernardino shall be submitted to the
Executive Officer of LAFCO outlining the City’s commitment to fulfilling this
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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requirement prior to the issuance of the Certificate of Completion for LAFCO
3188A. A status report shall be provided to the Commission at the six month
date outlining the progress of the City of San Bernardino in fulfilling its
obligation. Failure on the part of the City of San Bernardino to fulfill its
commitment to annex the totally-surrounded island shall require that the next
annexation proposed to the City of San Bernardino, either by the City through
resolution or by property owner/registered voter petition, include a condition
requiring the initiation of annexation of the totally-surrounded island. Said
condition of approval shall be deemed completed upon the issuance of the
Certificate of Filing for said island.
b. The standard LAFCO terms and conditions that include, but are not limited to,
the “hold harmless” clause for potential litigation costs by the applicant and the
continuation of fees, charges, and/or assessments currently authorized by the
annexing agency, and the identification that the transfer of utility accounts will
occur within 90 days of the recording of the Certificate of Completion.
3. Waive protest proceedings, as permitted by Government Code Section 56662(d),
with 100% landowner consent to the reorganization; and,
4. Adopt LAFCO Resolution No. 3291 setting forth the Commission’s determinations,
terms, and conditions of approval concerning LAFCO 3188A.
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
21
DETERMINATIONS:
The following determinations are required to be provided by Commission policy and
Government Code Section 56668 for any changes of organization/reorganization proposal:
1. The reorganization proposal is legally uninhabited containing four (4) registered
voters within the reorganization area as certified by the Registrar of Voters as of July
22, 2019.
2. The County Assessor’s Office has determined that the total assessed value of land
and improvements within the reorganization area is $1,978,576 (land--$1,876,890;
improvements--$101,686) as of August 9, 2019.
3. The reorganization area is within the sphere of influence of the City of San
Bernardino.
4. Legal advertisement of the Commission’s consideration has been provided through
publication in The Sun, a newspaper of general circulation within the reorganization
area. As required by State law, individual notice was provided to affected and
interested agencies, County departments, and those individual and agencies having
requested such notice.
5. In accordance with State law and adopted Commission policies, LAFCO has provided
individual notice to:
landowners (2) and registered voters (4) within the reorganization area
(totaling 6 notices); and,
landowners (84) and registered voters (96) surrounding the reorganization
area (totaling 180 notices).
Included as Attachment #7 to this report is a comment letter received by LAFCO staff
from an area resident prior to the publication of the report. The letter outlines
concerns related to the project such as fire safety (e.g. housing densities, slope
issues, and previous fires in the area, etc.), issues regarding the access roads (e.g.
roads built on fault lines, vehicle trips per day, etc.), and issues related to services
from the City as well as utilities across fault lines.
Comments from landowners and registered voters and any affected local agency in
support or opposition will be reviewed and considered by the Commission in making
its determination.
6. The City of San Bernardino adopted the Spring Trails Specific Plan (SP #10-01)
along with a General Plan Amendment (GPA #02-09) and a Development Code
Amendment (DCA #12-10), which pre-zoned the reorganization area as Spring Trails
Specific Plan with the following underlying specific plan zone designations:
Residential (Estate), Open Space, and Parks. These pre-zone/specific plan zone
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
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designations are consistent with the City’s General Plan and are generally compatible
with surrounding land uses within the City and in the County.
Pursuant to the provisions of Government Code Section 56375(e), these pre-zone
designations shall remain in effect for two years following annexation unless specific
actions are taken by the City Council.
7. The Southern California Associated Governments (SCAG) adopted its 2016-2040
Regional Transportation Plan and Sustainable Communities Strategy (RTP-SCS)
pursuant to Government Code Section 65080. LAFCO 3188A is in close proximity
with the I-215 Freeway, which is part of the RTP-SCS’s highway improvement
(expansion/rehabilitation) program adding high-occupancy vehicle (HOV) lanes
between the I-210 and the I-15 Freeways for completion by 2035.
8. The City of San Bernardino adopted an updated Local Hazard Mitigation Plan
(LHMP) in October 2016 (Resolution No. 2016-209), which was developed by County
Fire, the City’s fire service provider. Said LHMP includes the Spring Trails project as
one its potential residential development. County Fire also has its Multi-Jurisdictional
Hazard Mitigation Plan that was approved by FEMA in July 2017.
Information contained in the Safety Element of the City’s General Plan related to
Urban and Wildland Fires is included as Attachment #8.
9. As a CEQA responsible agency, the Commission’s Environmental Consultant, Tom
Dodson of Tom Dodson and Associates, has reviewed the City’s environmental
documents for the reorganization proposal and has indicated that the City’s
environmental assessment for the Spring Trails Specific Plan are adequate for the
Commission’s use as CEQA responsible agency. Copies of the City’s Complete Final
EIR and all associated documents were provided to Commission members on July
22, 2019 and are also included (as web links) as part of Attachment #9 to this report
(Environmental Documents Related to the City of San Bernardino’s Approval of the
Spring Trails Specific Plan). Mr. Dodson has prepared his recommended actions for
LAFCO 3188A, which are outlined in the narrative portion of the Environmental
Considerations section (page 17 of the staff report).
Attachment #9 also includes the Facts, Findings and Statement of Overriding
Considerations that has been prepared for the Commission’s use in addressing this
project.
10. The reorganization area is presently served by the following public agencies:
County of San Bernardino
Inland Empire Resource Conservation District
San Bernardino Valley Municipal Water District
San Bernardino County Fire Protection District, its Valley Service Zone, and its Zone
FP-5 (fire protection and emergency medical response)
County Service Area 70 (multi-function unincorporated County-wide)
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
23
The area will be detached from County Service Area 70 and its sphere of influence
reduced as a function of the reorganization. None of the other agencies are affected
by this proposal as they are regional in nature.
11. A plan was prepared for the extension of services to the reorganization area, as
required by law. The Plan for Service and the Fiscal Impact Analysis, as certified by
the City and its Municipal Water Department, indicates that the City can maintain
and/or improve the level and range of services currently available in the area. A copy
of this plan is included as a part of Attachment #6 to this report.
The Plan for Service and Fiscal Impact Analysis have been reviewed and compared
with the standards established by the Commission and the factors contained within
Government Code Section 56668. The Commission finds that the Plan for Service
and the Fiscal Impact Analysis conform to those adopted standards and
requirements.
The Plan indicates that the revenues to be provided through the transfer of property
tax revenues and existing and potential financing mechanisms are anticipated to be
sufficient to provide for the infrastructure and ongoing maintenance and operation of
the services to be provided from the City of San Bernardino and its Municipal Water
Department as well as the services from the San Bernardino County Fire Protection
District and its Valley Service Zone. A copy of the Plan for Service is included as a
part of Attachment #6 to this report.
12. The reorganization proposal complies with Commission policies and directives and
State law that indicate the preference for areas proposed for urban intensity
development to be included within a City so that the full range of municipal services
can be planned, funded, extended, and maintained.
However, approval of this proposal will create an island of unincorporated territory
that will be totally-surrounded by the City of San Bernardino.
13. The reorganization area can benefit from the availability and extension of municipal-
level services from the City of San Bernardino and its Municipal Water Department,
as evidenced by the Plan for Service certified by the City.
14. This proposal will have an effect on the City of San Bernardino’s ability to achieve its
fair share of the regional housing needs as it proposes to build the addition of 215
single-family residential units.
15. With respect to environmental justice, which is the fair treatment of people of all
races, cultures, and incomes with respect to the location of public facilities and the
provision of public services, the following demographic and income profile was
generated using ESRI’s Community Analyst for the City of San Bernardino and the
reorganization and adjacent unincorporated areas (2019 data):
Agenda Item #8 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
August 14, 2019
24
Demographic and Income
Comparison
City of
San Bernardino
(%)
Reorganization
Area and
Adjacent
Unincorporated
Area (%)
Race and Ethnicity
•African American Alone 13.5 % 7.0 %
•American Indian Alone 1.3 % 0.9 %
•Asian Alone 4.2 % 4.3 %
•Pacific Islander Alone 0.4 % 0.3 %
•Hispanic Origin (Any Race)68.3 % 37.9 %
Median Household Income $43,515 $104,564
Through future development, the reorganization area will benefit from the extension
of services and facilities from the City and, at the same time, the approval of the
reorganization proposal will not result in the unfair treatment of any person based on
race, culture or income.
16. The County of San Bernardino (for itself and acting on behalf of the San Bernardino
County Fire Protection District) and the City of San Bernardino have successfully
negotiated a transfer of property tax revenues that will be implemented upon
completion of this reorganization. This fulfills the requirements of Section 99 of the
Revenue and Taxation Code.
17. The maps and legal descriptions, as revised, are in substantial compliance with
LAFCO and State standards through certification by the County Surveyor's Office.
SM/
Attachments:
1.Vicinity Map, Reorganization Map, and Current Development Plan Configuration
2.Applicant’s Landowner Petition and Application Documents
3.ROV Certification of Registered Voters within LAFCO 3188 Dated July 2, 2015
4.Letter from Applicant Dated June 22, 2016 Regarding Resubmittal of Application
5.Spring Trails Specific Plan and Recorded Development Agreement
6.City of San Bernardino’s Certified Plan for Service/Fiscal Impact Analysis,
Certification from the City’s Municipal Water Department
7.Comment Letter Received Prior to Staff Report Publication
8.Safety Element Portion of the City’s General Plan related to Urban and Wildland Fires
9.Letter from Tom Dodson and Associates and Facts, Findings and Statement of
Overriding Considerations, and Environmental Documents Related to the City of San
Bernardino’s Approval of the Spring Trails Specific Plan
10.Draft Resolution No. 3291 for LAFCO 3188A
LOCAL AGENCY FORMATION COMMISSION
FOR SAN BERNARDINO COUNTY
1170 West Third Street, Unit 150, San Bernardino, CA 92415-0490
(909) 388-0480 • Fax (909) 388-0481
lafco@lafco.sbcounty.gov
www.sbclafco.org
DATE: OCTOBER 8, 2019
FROM: SAMUEL MARTINEZ, Executive Officer
TO: LOCAL AGENCY FORMATION COMMISSION
SUBJECT: AGENDA ITEM #9: LAFCO 3188A -- Reorganization to include
Annexation to the City of San Bernardino and to the San Bernardino
County Fire Protection District Zone FP-5 San Bernardino, and
Detachment from County Service Area 70 (Spring Trails Specific
Plan)
BACKGROUND INFORMATION:
This item was continued from the Commission’s August 21, 2019 hearing at the request
of the property owner (with concurrence from the City) to allow the property owner and
the City enough time to evaluate and consider the proposed condition(s) that LAFCO
staff is recommending.
No change has occurred since then; therefore, staff’s recommendations remain the
same for LAFCO 3188A. For reference, the original staff report for LAFCO 3188A,
dated August 14, 2019, is included as Attachment #1 and includes the links to each
attachment.
However, the Commission—as part of its motion at the August Hearing—requested that
staff provide a discussion regarding access to and from the project site in order to
provide for a better understanding of the issues related to traffic (circulation) as well as
fire safety.
Circulation
The Spring Trails project will have two main access points. The primary access road
(dash line with pink highlight), which provides the main access to and from Spring Trails
project, is a 2-way undivided road that extends from North Little League Drive to the
Spring Trails project at the southeastern section of the project site. From North Little
League Drive (also a 2-way undivided road), access to the I-215 Freeway can be
Agenda Item #9 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
October 8, 2019
2
reached from either Palm Avenue (via West Little League Drive or Kendall Avenue) or
Devore Road/Glen Helen Parkway (via Kendall Avenue and Cajon Boulevard).
The secondary access road (dash line with orange highlight), which is intended as an
alternative street for local traffic to access arterial streets outside the project, is also a
2-way undivided road that runs along the western boundary of the Spring Trails project.
It will connect to North Little League Drive via Frontage Road. From North Little League
Drive, access to the freeway is the same as the primary access road.
Fig. 1 – Circulation Map
Agenda Item #9 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
October 8, 2019
3
It should be noted that the intersection of Meyers Road and the secondary access road will
be constructed in such a way that either prevents or discourages access to Meyers Road.
All necessary public streets, both on-site and off-site (including the extension of North Little
League Drive), will be improved by the developer. Other necessary off-site improvements,
such as the Palm Avenue/I-215 Freeway and Glen Helen Parkway improvements, are part
of the City’s Master Facility Plan and will be funded through developer impact fees.
Fire Safety (Hazards)
As identified in the original staff report, no change in actual service provider will occur upon
completion of the annexation since the City of San Bernardino was annexed into the San
Bernardino County Fire Protection District (County Fire) and its Valley Service Zone. The
area proposed for annexation is already within the boundaries of County Fire.
The closest fire station is Station #232 located on 6065 Palm Avenue, which is
approximately 2.1 miles away from the project site. The next closest fire station is Station
#2 located in Devore (1511 Devore Road), which is approximately 4.2 miles away from the
project site.
The Spring Trails project evaluated response times for a number of stations using
time/distance calculations from the different fire stations to the project site via Meyers
Road. Below are the drive times for the two stations nearest the project site:
Station MPH Miles Time
1.Station #232 45 0.78 01:02
25 0.16 00:23
35 0.43 00:44
35 0.70 01:12
Meyers 2.07 03.21
Ranch 3.31 05:29
Farthest 3.74 06:13
2. Station #2 45 2.35 03:08
35 1.38 02:22
Meyers 3.75 05:30
Ranch 4.97 07:38
Farthest 5.40 08:22
Based on the calculations identified in the Spring Trails Fire Protection Plan, Station #232
can reach the farthest portion of the site in 6m 13s and Station #2 can get to the farthest
portion of the site in 8m 22s.
Agenda Item #9 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
October 8, 2019
4
LAFCO staff also prepared its own analysis of the drive times from both stations to the
farthest portion of the project site using the primary access road and based on actual speed
limits. Staff’s analysis indicates that Station #232 can reach the farthest portion of the site
in 7m 12s, and Station #2 can get to the farthest portion of the site in 11m 42s.
Fig. 2 – Drive Times
Agenda Item #9 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
October 8, 2019
5
The Spring Trails Fire Protection Plan outlines a number of mitigation measures including
fuel modification zones, vegetation management guidelines, planting maintenance and
spacing guidelines, as well as infrastructure/structural construction features and
requirements.
COMMENTS RECEIVED:
At the August 21, 2019 hearing, the Commission received oral comments. All written
comments received prior to and at the August 21 hearing can be accessed on the LAFCO
website:
•Comments received prior to the August 21, 2019 hearing:
http://www.sbcounty.gov/uploads/LAFCO/AgendaNotices/20190821/Item_08_Att1.pdf
•Comments received at the August 21, 2019 hearing:
http://www.sbcounty.gov/uploads/LAFCO/AgendaNotices/20190821/Item_08_Att3.pdf
Since then, additional comments have been received, which are included as Attachment #2
to the staff report. Overall, approximately 80 written comments have been received from
landowners, registered voters, and other individuals, including one from a council member
of the City of San Bernardino, Mr. Henry Nickel, and one from a non-profit organization.
Most of the comments came from residents who live in the Verdemont area within the City
of San Bernardino as well as residents from the unincorporated Devore community.
Approximately 10 (unverified) letters opposing the project came from the island area itself.
Most of the comments relate to fire, high wind, and earthquake issues including limited
accessibility during an emergency. School traffic was also cited in some of the letters.
Other comments relate to the City’s inability to provide code inspections/enforcement,
reduced services and slow response times, and issues related to road repair and
maintenance.
CONCLUSION:
As outlined in the original staff report, the Spring Trails Specific Plan requires a broad
range and level of municipal services that are only available through the City of San
Bernardino. The project would benefit from the extension of the City’s services as well
as the continuation of fire protection and emergency medical response services from
County Fire and its Valley Service Zone based upon the anticipated development of 215
(current configuration) single-family residences, open space, parks, and other public
facilities.
The Spring Trails Specific Plan was approved and adopted by the City with certain
guidelines, conditions of approval, and mitigation measures. Therefore, the
Commission’s approval of LAFCO 3188A assumes that the City will adhere to the
parameters that have been imposed on the Spring Trails Specific Plan and the
Agenda Item #9 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
October 8, 2019
6
mitigation measures outlined in the Mitigation Monitoring Program for the Spring Trails
Specific Plan.
However, as noted in the August 14, 2019 staff report, approval of this proposal calls
into question the issue related to the adjacent unincorporated area that will become
totally-surrounded by the City of San Bernardino. This report provides for options for
addressing the creation of said island territory. Staff recommendations are to:
•Include a determination required by Government Code Section 56375(m), which
can be applied to this proposal; and,
•Include a condition that requires the City to initiate the totally-surrounded island
area within one year of the Commission’s approval of LAFCO 3188A.
For all these reasons, and those outlined throughout this staff report and the original
staff report dated August 14, 2019, staff recommends approval of LAFCO 3188A.
RECOMMENDATIONS:
The staff recommends that the Commission approve LAFCO 3188A by taking the
following actions:
1.With respect to the environmental review:
a.Certify that the Complete Final Environmental Impact Report (EIR) and
other related environmental documents prepared by the City of San
Bernardino for the Spring Trails Specific Plan have been independently
reviewed and considered by the Commission, its staff and its
Environmental Consultant;
b.Determine that the Complete Final EIR for the project prepared by the City
is adequate for the Commission’s use as a California Environmental
Quality Act (CEQA) Responsible Agency for its determination related to
LAFCO 3188A.
c.Determine that the Commission does not intend to adopt alternatives or
additional mitigation measures for the Spring Trails Specific Plan, and that
the mitigation measures identified for the project are the responsibility of
the City and others, not the Commission;
d.Adopt the Facts, Findings and Statement of Overriding Considerations as
presented by the Commission’s Environmental Consultant and attached to
the staff report (Attachment #3); and,
Agenda Item #9 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
October 8, 2019
7
e.Direct the Executive Officer to file the Notice of Determination within five
days, and find that no further Department of Fish and Wildlife filing fees
are required by the Commission’s approval since the City, as CEQA Lead
Agency, has paid said fees.
2.Approve LAFCO 3188A, with the following determination: The Commission
determines that approval of LAFCO 3188A will create an unincorporated island
completely surrounded by the City of San Bernardino. Since the inclusion of the
island area would likely terminate the annexation proposal due to the number of
registered voters within said island, the Commission determines, pursuant to the
provision of Government Code Section 56375(m), to waive the restrictions on the
creation of a totally-surrounded island contained within Government Code
Section 56744 because it would be detrimental to the orderly development of the
community, and it further determines that the area to be surrounded by the City
of San Bernardino cannot reasonably be annexed to another city or incorporated
as a new city.
3.Approve LAFCO 3188A with the following conditions:
a.The City of San Bernardino shall be required to initiate annexation of the
totally-surrounded island within one year of the Commission’s approval of
LAFCO 3188A and process under standard protest proceedings. A
resolution by the City Council of the City of San Bernardino shall be
submitted to the Executive Officer of LAFCO outlining the City’s
commitment to fulfilling this requirement prior to the issuance of the
Certificate of Completion for LAFCO 3188A. A status report shall be
provided to the Commission at the six-month date outlining the progress of
the City of San Bernardino in fulfilling its obligation. Failure on the part of
the City of San Bernardino to fulfill its commitment to annex the totally-
surrounded island shall require that the next annexation proposed to the
City of San Bernardino, either by the City through resolution or by property
owner/registered voter petition, include a condition requiring the initiation
of annexation of the totally-surrounded island. Said condition of approval
shall be deemed completed upon the issuance of the Certificate of Filing
for said island.
b.The standard LAFCO terms and conditions that include, but are not limited
to, the “hold harmless” clause for potential litigation costs by the applicant
and the continuation of fees, charges, and/or assessments currently
authorized by the annexing agency, and the identification that the transfer
of utility accounts will occur within 90 days of the recording of the
Certificate of Completion.
4.Waive protest proceedings, as permitted by Government Code Section 56662(d),
with 100% landowner consent to the reorganization; and,
Agenda Item #9 – LAFCO 3188A
City of San Bernardino Reorganization (Spring Trails SP)
October 8, 2019
8
5.Adopt LAFCO Resolution No. 3291 (Attachment #4) setting forth the
Commission’s determinations, terms, and conditions of approval concerning
LAFCO 3188A.
Attachments:
1.Original Staff Report for LAFCO 3188A Dated August 14, 2019
2.Letters Received After the August 21, 2019 Hearing
3.Letter from Tom Dodson and Associates and Facts, Findings and Statement of
Overriding Considerations, and Environmental Documents Related to the City of
San Bernardino’s Approval of the Spring Trails Specific Plan
4.Draft Resolution No. 3291