DATE:
October 3, 2023
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager
BY:
Nathan R. Freeman, Director of Development Services
Dani Fox, Deputy Development Services Director
SUBJECT:
Authorize Letter of Opposition to the Draft San Bernardino County Regional Conservation Investment Strategy
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager, and/or designee, to issue a letter of opposition to the County of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) regarding the draft Regional Conservation Investment Strategy.
BACKGROUND
In 2015, the County of San Bernardino completed Phase 1 of its Countywide Habitat Preservation/Conservation Framework Study (Framework Study). The Framework Study developed a structured and comprehensive approach to the preservation and conservation of habitat and open space throughout the County. In 2016, the County initiated Phase 2 of the Framework Study to address the critical next steps identified in the Framework Study.
However, in 2016 the State of California – Department of Fish and Wildlife (CDFW) established a new conservation tool called a Regional Conservation Investment Strategy (RCIS). The RCIS program provides guidance for nonbinding/voluntary regional conservation of focal species, habitat, and other national resources, and for the identification of wildlife and habitat conservation priorities, investments in ecological resource conservation, and/or the identification of locations for compensatory mitigation for impacts to species and natural resources.
Shortly thereafter, the County Board of Supervisors adopted a resolution authorizing the County to pursue an RCIS as this new planning tool was considered to be better aligned with conservation efforts being pursued. Soon after the adoption of the resolution, the County, the San Bernardino Council of Governments (SBCOG), and the Environmental Element stakeholder group (made up of representatives of local municipalities; staff from federal, state, and local agencies; development and industry community representatives; staff from non-governmental organizations; and the interested public) set out to create a San Bernardino County RCIS.
The most recent draft of the County’s RCIS, in accordance with the State’s RCIS program, is intended to be a voluntary, non-regulatory framework for conservation mitigation actions in western San Bernardino County and was developed to provide a regional conservation guidebook for use by public agencies, the development community, environmental groups, other interested entities, and the public when carrying out conservation and mitigation.
Upon completion of the draft RCIS, the County recently submitted the document to CDFW, which determined that the draft RCIS is complete. Upon its determination of a complete draft RCIS, CDFW posted the draft RCIS to its website for a minimum 30-day public review and comment period. At least 60 days prior to the submittal of a final RCIS, affected cities in the RCIS area were to be notified and have an opportunity to comment (the deadline to receive comments was August 4, 2023). Based on comments received from CDFW, cities, and the public, the draft RCIS will be revised and the final RCIS will be submitted to CDFW for approval at the end of October 2023.
ISSUES/ANALYSIS
On August 22, 2023, Development Services Department staff met with representatives from the Building Industry Association of Southern California (BIA) about the BIA’s concerns regarding the potential negative implications of the RCIS on the City of Hesperia (and the entire Mojave River Valley).
Specifically, during the meeting, the BIA representatives articulated that the draft RCIS, if unchanged, could be a direct impact to local control and they have urged, via a letter of opposition (Attachment 1), the County of San Bernardino to 1) adopt a resolution which would confirm that the intent of the RCIS is not to interfere with any jurisdiction’s housing element, 2) remove habitats (i.e. desert scrub, transitional scrub/chaparral/woodland, and non-native grasslands) that local land use agencies do not currently require to be mitigated under the California Environmental Quality Act (CEQA) from the RCIS conservation goals, and 3) in coordination with SBCTA, contact the City Council members and City Managers for each of the affected jurisdictions to determine the number from each of their respective housing element Regional Housing Needs Allocation (RHNA) site inventories that are located in the RCIS conservation boundaries.
At the conclusion of the meeting with the BIA representatives, staff were compelled to seek the City Council’s authorization to issue a letter of opposition to the County regarding the draft RCIS. Upon City Council authorization, staff will compose a letter to the County requesting that the draft RCIS, prior to final submittal to CDFW, be revised to reaffirm the following: 1) the RCIS is voluntary, non-binding, and non-regulatory guidance only and shall not be used in any CEQA context, 2) the County will not use the RCIS as a tool to require additional mitigation for development projects, and 3) the County will not use the RCIS as a tool to stop or limit development and that the County recognizes the importance and prioritization of new housing (and the infrastructure/public facilities needed to support new housing) over the conservation goals reflected in the RCIS.
Unfortunately, without changes, it is the opinion of the BIA and staff that the draft RCIS could be utilized by individuals seeking litigation to exploit conservation goals and could cast a shadow of uncertainty over a considerable portion of developable land in Hesperia and further complicate the land acquisition and entitlement process.
With this in mind, staff requests that the City Council authorize the City Manager, and/or designee, to issue a letter of opposition to the County and SBCTA regarding the draft RCIS.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
BIA Letter of Opposition to RCIS
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the City Council
Authorize a Letter of Opposition to the Draft San Bernardino County RCIS October 3, 2023