SERVICE TO UNINCORPORATED COMMUNITIES GOVERNMENT CODE SECTION SERVICE TO UNINCORPORATED COMMUNITIES GOVERNMENT CODE SECTION August 30, 2007

In March 2001 the San Bernardino LAFCO adopt a policy related to implementation of Government Code Section 56434

The provisions of 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. 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-Knox- Hertzberg, Code Section 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.

(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. Recent changes in Government Code Section provide for a clearer provision: (a) The commission may review and comment upon both of the following:

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is included in Subsection (c): This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.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 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