REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
July 26, 2022
FROM
DAVID DOUBLET, Director, Land Use Services Department
SUBJECT
Title
Action to Set Aside and Vacate Project Approvals for the Church of the Woods Project
End
RECOMMENDATION(S)
Recommendation
Adopt Resolution in compliance with an order of the court to set aside and vacate project approvals for the Church of the Woods project (Project No. P201700270).
(Presenter: David Doublet, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in additional use of Discretionary General Funding (Net County Cost) as there are no financial impacts associated with this item.
BACKGROUND INFORMATION
The purpose of this action is to comply with an order of the court to set aside and vacate the approvals related to a project known as the Church of the Woods development (Project No. P201700270), a religious facility that includes a 27,364-square foot, two-story Youth Center/Gymnasium, recreational facilities, 41,037-square foot, two-story assembly building with a maximum seating capacity of 600, and a 1,500-square foot, two-story maintenance/caretaker unit on a 13.6-acre portion of a 27.12-acre site (Assessor Parcel Number: 0336-101-15) (Project).
On January 23, 2020 (Item No. 2), the Planning Commission approved the Project and took the following actions: (1) Certify the Environmental Impact Report (EIR) (SCH No. 2004031114); (2) Adopt the California Environmental Quality Act (CEQA) Findings of Fact and Statement of Overriding Considerations; (3) Adopt the Mitigation Monitoring and Reporting Program (MMRP); (4) Adopt the recommended findings for approval of the Conditional Use Permit (CUP) for the Project; (5) Approve the CUP for the Project, subject to Conditions of Approval; and (6) Direct staff to file a Notice of Determination (collectively, the Approvals).
Save Our Forest Association, Inc., Sierra Club, and San Bernardino Valley Audubon Society (collectively, the Appellants) filed an appeal challenging the validity of the Planning Commission’s Project Approvals. On October 20, 2020 (Item No. 3), the Board of Supervisors (Board) conducted a public hearing to consider Appellants’ appeal. At that hearing, the Board denied Appellants’ appeal and approved the Project Approvals.
On November 20, 2020, Save Our Forest Association, Inc., Sierra Club, and San Bernardino Valley Audubon Society (collectively, the Petitioners) filed a petition for writ of mandate and complaint for injunctive relief (Petition and Complaint) against San Bernardino County and the Board challenging the Project Approvals in Superior Court Case No. CIVSB 2025038, entitled Save Our Forest Association, Inc., et al. v. County of San Bernardino, et al. (the Action). On March 9, 2022, the Judge of the Superior Court in the Action granted the Petition and Complaint on the limited grounds specified and explained in the Court’s ruling. Thereafter, on June 6, 2022, the Judge of the Superior Court in the Action issued a writ of mandate ordering the County and Board to set aside and vacate the Project Approvals. This action includes adoption of a resolution taking the necessary action to comply with the court order.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Deputy County Counsel, 387-5455) on June 23, 2022; Finance (Erika Rodarte, Administrative Analyst III, 387-4919) on July 5, 2022; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on July 5, 2022.