Transcript Local Agency Formation Commission for San Bernardino County

SERVICE TO UNINCORPORATED
COMMUNITIES
GOVERNMENT CODE SECTION 56434
August 30, 2007
In March 2001 the San Bernardino
LAFCO adopt a policy related to
implementation of Government Code
Section 56434
• The provisions of 56434 as originally
adopted read as follows:
The Commission may review and
approve a proposal that extends
services into previously unserved
territory within unincorporated areas…
THE POLICY DECLARATION WAS:
1. From the County Planning Department -Request that LAFCO be notified of any
land use proposal that would require the
extension of urban services.
2. From the County Special Districts
Department – Request that LAFCO be
notified of any action to create, annex to,
or consolidate a County Service Area,
Improvement Zone, Community Facilities
District, etc.
• During the update of Cortese-KnoxHertzberg, Code Section 56425 was
amended to include the language
requiring a meeting between a City and
the County to discuss zoning
designations, development standards,
etc. An agreement is to be proposed
and if concurred with forwarded to
LAFCO.
Recent changes in Government Code Section
56434 provide for a clearer provision:
(a) The commission may review and
comment upon both of the following:
(1) The extension of services into
previously unserved territory within
unincorporated areas.
(2) The creation of new service providers
to extend urban type development into
previously unserved territory within
unincorporated areas.
A very important feature of the rewrites is
included in Subsection (c):
This section shall remain in effect only
until January 1, 2013, and as of that date is
repealed, unless a later enacted statute,
that is enacted before January 1, 2013,
deletes or extends that date.
•
Taken together, Sections 56434 and
56425, were used by San Bernardino
LAFCO to review two significant
proposals processed for development
purposes by the County of San
Bernardino
A project within the sphere of Influence
of the City of Rialto which proposed
2,466 dwelling units on 647 acres
A project within the sphere of influence
of the City of Rancho Cucamonga for
265 dwelling units on 169 acres adjacent
to an open space preserve
Villages at Lytle Creek Project
within the City of Rialto sphere
Issues discussed by LAFCO under
56434:
•
There was no clear indication in the
County’s Conditions of Approval,
the Preliminary Development Plan
or the EIR as to the entity to provide
Park Maintenance, Streetlighting,
Landscape maintenance.
• Fire Protection –
The project required a new fire
facility, the area was within a CSA for
fire service, the sphere of influence
of a FPD for increased levels of
service, but the EIR and Conditions
of Approval contemplated the
creation of yet another fire entity.
• Water Service –
The Conditions of Approval
contemplated a County Water District
as the provider of service; however,
the EIR identified alternative options
for the service such as “wheeling”
water through other entities. The
Planning Commission discussion
outlined the use of a private water
company located in a different
adjudicated basin. The project had
no concrete water provision.
• Sewer Service –
The method for providing this service
was determined to be the creation of
an improvement zone of a
Countywide CSA.
• Law Enforcement –
Project required the location and
funding of a new law enforcement
facility as well as supplementing the
operation and maintenance budget
for the County Sheriff. It was
determined that a new entity would
be created to provide for this.
• LAFCO participated in these discussions
with the County, Development interests,
and the affected agencies.
• Ultimately, the County Water District was
determined to be the provider for water
service and the area was annexed; the Fire
Protection District was chosen for service
and the area annexed; and the sewer
service and other amenities were placed
under the control of an Improvement Zone
for coordination of funding and service
delivery.
•
Tracy Project:
Development proposed in the City
of Rancho Cucamonga sphere of
influence.
Ultimately, the area along with two
other projects were annexed to
the City of Rancho Cucamonga
These types of issues are faced by
LAFCOs all over the state
AN EXAMPLE IN PLACER COUNTY
IN SACRAMENTO COUNTY