STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF WATER RESOURCES
P.O. BOX 942836
SACRAMENTO, CA 94236-0001
(916) 653-5791
City of San Bernardino
Planning Division
290 North D Street
San Bernardino, CA 92401
Dear City of San Bernardino:
The California Department of Water Resources (DWR) previously sent a letter dated January 12, 2026 (enclosed) regarding existing Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000 (also known as DWR Parcel No. EBE-80), under which DWR leases the property to the Crestline Soaring Society (Crestline) for use as the Andy Jackson Airpark (Airpark). The Lease allows Crestline to operate and maintain a hang-gliding landing site, parking area, and access to the site.
The prior letter summarized DWR’s obligation under Article 410 of its Federal Energy Regulatory Commission (FERC) license that it relocate the Airpark in connection with construction of the Devil Canyon Power Plant Second Afterbay many years ago. The prior letter also asked the City to consider potential impacts to the Airpark—and any resulting implications for DWR’s FERC license— when reviewing nearby projects.
This letter provides an update based on DWR’s additional analysis of whether approval of the University Hills Development would have any impact on DWR’s ongoing FERC license obligations.
Under the license, Article 410 required DWR to file a plan to relocate the Airpark; DWR submitted that plan, and FERC approved it in 1993. Article 410 does not designate the Airpark as a FERC project recreation facility or impose any ongoing recreation or relocation obligations on DWR.
Accordingly, Article 410 imposed a one-time mitigation obligation upon DWR; there are no continuing or additional FERC license obligations related to the Airpark, and DWR considers its responsibilities under the license on this issue to be complete.
Based on the results of DWR’s analysis, DWR has no further comment regarding the approval of the University Hills Development as it relates to DWR’s FERC license.
Please contact me if you have any further questions at [email protected].
Sincerely,
Kristen Greenacre
Senior Right of Way Agent
cc: Jaime Shelden, Crestline Soaring Society
David Hardy, Encore Capital Management
Docusign Envelope ID: E1717134-A34C-43EE-A295-61DA435219B2 4/15/2026
J
anuary 12, 2026
VI
A EMAIL
Lisa Sherrick, Chair
Larry Quiel, Vice Chair
Casey Dailey, Commissioner
Amelia Lopez, Commissioner
Ivan Garcia, Commissioner
Ronnika Ngalande, Commissioner
Benjamin Pratt, Commissioner
Dan Carlone, Commissioner
Orlando Garcia, Commissioner
Planning Commission
City of San Bernardino
201 North E Street, 3
rd Floor
San Bernardino, CA 92401
[email protected]
Michael Rosales, Senior Planner
Community Development & Housing Dept.
City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino, CA 92401
[email protected]
R
e: Comment on Addendum to University Hills Specific Plan (SCH No. 2007071155) for Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) January 13, 2026 Planning Commission Agenda Item 2
D
ear Chair Sherrick, Vice Chair Quiel, Honorable Planning Commissioners, and Mr.
Rosales:
T
his comment is submitted on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595), which proposes the development of 327 single-family residential lots, located on an approximately 404.03-acre site at Badger Canyon Road and W.
Frontline Road in the City of San Bernardino (“Project”), to be heard as Agenda Item 2 at the Planning Commission’s January 13, 2026 meeting.
S
AFER objects to the City’s reliance on an Addendum to the University Hills Specific Plan Final Subsequent Environmental Impact Report (SCH No. 2007071155) certified in 2008 (“UHSP FSEIR”), for the Project. Under the California Environmental Quality Act (“CEQA”), an addendum is not appropriate because the Project is not within the scope of the prior program EIR and there is new information available since certification of the 2008 UHSP FSEIR indicating new significant impacts and/or the availability of new January 12, 2026
Comment on Addendum to University Hills Specific Plan (SCH No. 2007071155) for Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) January 13, 2026 Planning Commission Agenda Item 2
mitigation measures. Therefore, SAFER requests that the Planning Commission refrain from taking any action on the Project at this time and, instead, direct staff to prepare an initial study for the Project, followed by a project-specific EIR or negative declaration as required by CEQA.
S
incerely,
R
ebecca Davis
LOZEAU | DRURY LLP
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF WATER RESOURCES
P.O. BOX 942836
SACRAMENTO, CA 94236-0001
(916) 653-5791
City of San Bernardino
Planning Division
290 North D Street
San Bernardino, CA 92401
Dear City of San Bernardino:
The Department of Water Resources (DWR) currently has a lease, known as Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000, also known as DWR Parcel No. EBE- 80 with the Crestline Soaring Society (Crestline) for the Andy Jackson Airpark. This Lease allows Crestline to operate and maintain a Hang Gliding Landing Site, parking area, and access to the site.
DWR Parcel EBE-80 was purchased in 1993 solely for the purpose of relocating Crestline from another parcel that DWR purchased in 1989 related to the expansion of the Devil’s Canyon Power Plant Second Afterbay (Project) and associated proposal to increase power generation at the power plant.
This Project required review and approval by the Federal Energy Regulatory Commission (FERC) for licensing to expand the Devils Canyon Power Plant and its operation. Under Article 410 of DWR’s FERC license, DWR was required to acquire property and relocate Crestline to mitigate for what would otherwise be the loss of a hang gliding recreation site.
A critical component of all FERC licensing is the requirement for recreation, as established by the issuance of Order 260-A in 1963 which amended Section 4.41 of the Commission’s Regulations (18 CFR Part 4, Subpart E, §4.41) to require the filing of a recreation resource plan for all major license applications filed after June 1, 1963. In 1965, Order No. 313 was issued which added Section 2.7 of the General Policy and Interpretations section to ensure that the ultimate development of recreation resources at all projects is consistent with area recreational needs. In this case, the popularity of the Andy Jackson Airpark shows a clear area-specific need for hang-gliding as the type of recreation and it is unlikely that FERC would authorize replacement of the Airpark with another type of recreation at the same site, and it would be more likely that there would be a requirement to relocate the airpark.
This requirement means that the loss of any recreation site, but especially the Andy Jackson Airpark operated by Crestline, may have critical impacts on FERC licensing for the State of California’s Department of Water Resources and its operations to deliver water to millions of people in Southern California. Restriction of airspace due to City planning would qualify as a significant impact that would result in the loss of this recreation site. As such, we request that the City work with DWR directly to understand our concerns and mitigate potential impacts or interference to our ability to operate our State Water Resources Development System prior to approval of any projects in the vicinity of the Airpark. Please contact me at your earliest convenience to discuss this matter further at [email protected].
Sincerely,
Kristen Greenacre
Senior Right of Way Agent
Docusign Envelope ID: 3B2A7D04-301B-4F0C-AED6-EE0F834D57E5 1/12/2026
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF WATER RESOURCES
P.O. BOX 942836
SACRAMENTO, CA 94236-0001
(916) 653-5791
City of San Bernardino
Planning Division
290 North D Street
San Bernardino, CA 92401
Dear City of San Bernardino:
The California Department of Water Resources (DWR) previously sent a letter dated January 12, 2026 (enclosed) regarding existing Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000 (also known as DWR Parcel No. EBE-80), under which DWR leases the property to the Crestline Soaring Society (Crestline) for use as the Andy Jackson Airpark (Airpark). The Lease allows Crestline to operate and maintain a hang-gliding landing site, parking area, and access to the site.
The prior letter summarized DWR’s obligation under Article 410 of its Federal Energy Regulatory Commission (FERC) license that it relocate the Airpark in connection with construction of the Devil Canyon Power Plant Second Afterbay many years ago. The prior letter also asked the City to consider potential impacts to the Airpark—and any resulting implications for DWR’s FERC license— when reviewing nearby projects.
This letter provides an update based on DWR’s additional analysis of whether approval of the University Hills Development would have any impact on DWR’s ongoing FERC license obligations.
Under the license, Article 410 required DWR to file a plan to relocate the Airpark; DWR submitted that plan, and FERC approved it in 1993. Article 410 does not designate the Airpark as a FERC project recreation facility or impose any ongoing recreation or relocation obligations on DWR.
Accordingly, Article 410 imposed a one-time mitigation obligation upon DWR; there are no continuing or additional FERC license obligations related to the Airpark, and DWR considers its responsibilities under the license on this issue to be complete.
Based on the results of DWR’s analysis, DWR has no further comment regarding the approval of the University Hills Development as it relates to DWR’s FERC license.
Please contact me if you have any further questions at [email protected].
Sincerely,
Kristen Greenacre
Senior Right of Way Agent
cc: Jaime Shelden, Crestline Soaring Society
David Hardy, Encore Capital Management
Docusign Envelope ID: E1717134-A34C-43EE-A295-61DA435219B2 4/15/2026