Over the objections of a majority of the residents who spoke at the Wednesday June 25 meeting of the Twentynine Palms Planning Commission, the four commissioners present voted unanimously to recommend that the city council give approval to the Ofland Resort Project.
Ofland Director of Acquisitions Luke Searcy said the project will be put primarily in the 42 acres near the center of a 152-acre site east of Lear Avenue and south of Twentynine Palms Highway.
Instead of houses, the resort will feature 100 guest cabins, modeled on the primitive local homestead cabins of a bygone era, Searcy said.
In order for the project to proceed, the land must be rezoned from residential, upon which 61 single family units could be developed on the 42 acres in question, to tourist commercial. Both Ofland and the city’s planning and community development staff touted the project as one which prioritizes conservation and enhances the region’s natural beauty, would not represent an over-intensive land use, such that it would be a low impact baseland for Joshua Tree National Park visitors, develop 42 out of 152 acres while leaving 10 acres surrounding the resort in a natural and undeveloped state and would provide a 550 foot buffer from the Indian Cove residential neighborhood to mitigate noise and other impacts. In addition, Texas-based Ofland intends to incorporate dark sky approved lighting on the project to protect night sky viewing and reduce light pollution.
Other positive features emphasized by city staff and embraced by the planning commission is that Ofland has asserted the project will add 30 to 40 sustainable jobs, bring in $800,000 annually in taxes and inject $3 million into the local economy through visitor spending.
Ofland also made the claim that the project’s on-site dormitory for those working at the resort contributes a solution to local housing demands.
The planning commission also went along with staff’s recommendation that both the planning commission and city council adopt the mitigated negative resolution prepared for the project as the central element of its environmental certification.
Under the California Environmental Quality Act, an examination of the environmental impacts of a project must be made. Some discretion is left to the governmental decision-making body that oversees land use issues and possesses approval and/or denial authority regard to a development project as to what type of analysis of the environmental issues is to be carried out and what mitigations of the impacts are to be required.
In evaluating the project application thus far, Twentynine Palms planning staff elected to use a mitigated negative declaration, also referred to as an initial study, as the means of providing the project with its environmental certification.
A simple negative declaration is the least exacting type of development impact assessments and a mitigated negative declaration is the second-least stringent type of development impact assessments. On the other end of the scale, an environmental impact report is the most involved and exhaustive type of environmental analysis and certification there is, followed by an environmental impact study, then an environmental impact assessment, then a mitigated negative declaration and a negative declaration. An environmental impact report consists of an in-depth study of the project site, the project proposal, the potential and actual impacts the project will have on the site and surrounding area in terms of all conceivable issues, including land use, water use, air quality, potential contamination, noise, traffic, and biological and cultural resources. An environmental impact report specifies in detail what measures can, will and must be carried out to offset those impacts. An environmental impact study is somewhat less exacting and an environmental impact assessment less stringent still. A mitigated negative declaration is a statement by the ultimate land use authority – in the is case the board of supervisors – that any identified impacts from the project will be mitigated or offset by the conditions of approval for the project. A negative declaration, the least exacting type of certification there is, merely states that the initial study done by the agency staff – in this case the county department of land use services – sufficiently identified any environmental issues and that there are no environmental problems of consequence involved in the proposed project. In the case of Ofland, the planning commission required nothing beyond the initial study to approve the project, which many in Twentynine Palms objected to.
Planning Commission Chairwoman Jessica Cure herded those who were in support of the project to the public speaking podium first, followed by those who were neutral about the project and then those who were opposed to it.
Eric Menendez said, “I think this could be a wonderful thing for our city. I support the concept of this project, based on everything over the last six years I’ve observed across the basin.”
Menendez did sound a note of caution, saying about other developments that had been approved, “They all came in with promises: ‘We’re going to be sensitive.’ ‘Were going to do this.’ and so forth, but in the end they try to take the path of least resistance. That is what I’m concerned about. I think a full EIR [Environmental impact report] is probably a good idea. I think we should be very thorough with this.”
Raymond Welch, who said he lives one block away from the proposed project, said he supported it.
George Malopoulos called the Ofland project “exactly what the city needs” and that it “absolutely aligns with the city’s mission to attract tourism [and] the city’s economic and environmental goals.”
Former Mayor/City Councilwoman Liz Meyer said, “This is not just another Mariott high-rise coming to town. The Ofland Resort proposes a modern lodging and hospitality experience that is genuinely in harmony with the Twentynine Palms unique desert community.”
Meyer argued against requiring a full-blown environmental impact report, saying it could render the project financially unfeasible. “To lose this project would be most regrettable,” she said.
Grove Crank called Ofland a “good clean project”
Electra Westman said the project “would incorporate local art both in the rooms and outdoors, as well as elsewhere” showing the project proponents were “interested in creating an aesthetic environment that would invite a more cultured clientele than the raucous partying types that some people are afraid of.”
Scott Curry said, “I don’t know of any other project where we would get 100 acres of open space.”
Steve Bardwell, president of the Morongo Basin Conservation Association said the association is “both in favor and against” the project.
“This project has, obviously, tremendous benefits for the city and its relatively light footprint on the site is admirable,” Bardwell said. “However, the way the site is planned as a kind of a doughnut with the development in the center of it… really doesn’t work. The attempt to frame this development as an island within conserved land fails by not considering the impact of the edge effect on wildlife, needed access roads, stormwater treatment stems that would occur within the conserved land. If development were to be limited on the northern portion of the parcel, with a buffer to the highway and open space consolidated and closer to the wildlife habitat within the park to the south, [the development] would better serve to balance the conflicting imperatives of economic development and conservation. I think a redesign could work very well on this thing.”
Cindy Bernard, whose property shares a half-mile border with the Ofland property, said the site should be used for housing but that if it is going to be rezoned for resort use, there should be a full environmental impact report done, complete with missing viewshed, light pollution and biological studies included.
“I want the scale reduced to 61 structures, which is the current parcel density,” Bernard said. “Yes, the current built density is less than the homes, but that’s not the biggest impact of a commercial resort with a restaurant and an event space. The biggest impact is an increase in people and traffic, which will be coming and going at all hours, whereas people in homes generally have a rhythm to their day. I want the commercial frontage road to be developed so it uses the access points that currently exist on Highway 62 and for Lear and Sullivan to be left alone. I’m in favor if they reduce the density, but, really, I think it should be houses.”
Heidi Heard, a resident of Indian Coves, said “We chose to live in a real neighborhood, not a commercial district. Zoning changes should not be done just because some outside entity wants it. They knew the zoning of that property before they considered purchasing it. If the zoning in the city is to be changed, then the whole general plan has to be opened up to be examined. This project is too big not to require a full EIR.”
Heard said the limited biological assessment was flawed in that there are several kinds of rattlesnakes living in the area but only one was listed.
Ian Reiko, an Indian Cove resident living about a block away from the proposed development, said, “Growth is good and necessary, but unchecked growth, driven by the interests of businesses and corporations that do not understand what makes our city and neighborhoods unique will have a ripple effect on the entire high desert. Toward that end, it is imperative that a full environmental impact report is completed for a project of the scope proposed, a project that is so close to an historic neighborhood that is alos developing quickly. It’s common sense, a basic fundamental step and will be setting a precedent for future projects in 29, Wonder Valley, Joshua Tree, Yucca and Morongo. There are quality of life issues that will alter the neighborhood, including impact on biological resources, light pollution, water access, traffic and noise. Despite what Ofland is saying, I know life in Indian Cove will change dramatically. Not doing a full EIR is in direct violation of the California Environmental Quality Act because of the potential threat to native species in the area. Not doing a full EIR demonstrates a lack of regard for not only the surrounding neighborhood but for the life existing now on the residentially-zoned land that is to be developed.”
Michael Miller called for a full environmental impact report.
Patrick Dale of Yucca Valley said the city should not allow residentially-zoned land to be converted to another use to support out of state businesses.
Kaleen Brandt said the dorms being offered to those to work at the resort indicated to her Ofland will not be providing sustainable jobs for local residents as it claimed..
Chris Clark said the incorporation of dark sky light compliant lighting into the project would not prevent light pollution from other sources generated by the tourists at the resort.
M.J. Fioco said that Ofland and the city’s justification for the project “offers only sloppy science and no independent assessments to grant it a free pass from reasonable environmental scrutiny.” She said the project would generate another 250,000 road trips per year on the surrounding streets.
Gary Hund a retired U.S. Fish & Wildlife Service biologist, said the law dictates that “standard protocol surveys must be conducted for rare, threatened and endangered species. Proper surveys have not been completed for the project, making it impossible to know what the effects are or to develop appropriate measures to address them.”
Hund said the project proponents acknowledgment of the presence of endangered desert tortoises on the property was not sufficient and a survey to determine their numbers was needed. The same was the case for the burrowing owl, he said. No surveys were done for special status species or the Golden Eagle, which he said forages on the site.
Hund said the project would impact the linkage of habitat and migrating areas between the Marine Corps Base and the national park. Given those considerations, Hund said a mitigated negative declaration was insufficient to give the project environmental certification, and he called for a full environmental impact report.
Serene Escandar called Ofland “the right project in the wrong place.”
She said the project would be better placed on commercially zoned property elsewhere. “Why are they bullying their way into being adjacent to a national park buffer zone and escaping the environmental impact report?” Escandar asked. “I am a proponent of this business, yet I oppose poor planning and changing residentially-zoned land to commercial zoning. It sets a bad precedent for future developments in the greater Twentynine Palms area, showing developers can have more say on the fabric of our neighborhoods and communities than the residents.”
Jordan Sisson said his “chief concern is the failure of this project to actually include a vehicle miles traveled study.”
Kimberly Zzyzx said “The city is at risk here of approving a project that is in violation of federal and California endangered species law. The mitigated negative declaration does not include any actual avoidance or mitigation measures for endangered tortoises. It uses a now-expired survey conducted during brumation, for convenience, I guess, and fatally disrupts a significant wildlife linkage between Indian Cove and the [Marine Corps] Base. For a project that is of the land, it looks like the devastation to our land will be the largest result of this resort. We are all lucky enough to live in this breathtaking environment. Of course, developers want to place their resorts in our neighborhoods. But the Twentynine Palms Sixth Cycle Housing Element clearly states that hotels, even those with employee quarters, serve as stripped-down tourism infrastructure and block the addition of the legally-required affordable housing per the regional housing needs allocation.”
Chris Zzyzx said the development would impact negatively on the Indian Cove neighborhood.
Dana Longivan said the project should be moved closer to property near the center of Twentynine Palms.
James Lawless said, “I paid a premium to live in the Indian Cove residential area, not a commercial area with a hundred campsites.”
Kim Keris said, “I object to this project, both as designed and in that location. There must be better land zoned for it. We need more affordable housing.”
John Tally Jones said the city should insist on a full environmental impact report. “I believe the mitigated negative declaration is insufficient in the case of this project,” he said.
Beth Anderson state her belief that the claims by Ofland that the project would bring $3 million into the local economy per year was questionable, at best.
Travis Poston, a resident of Indian Cove, said the development of the property residentially would be compatible with his neighborhood, while the resort would not be compatible.
Caitlyn Standish said the resort project would potentially raise the cost of living in Twentynine Palms and make housing unaffordable for locals.
Melissa Grissie called for a full environmental impact report being done in conjunction with the consideration of the project.
Christy Walden said the project would prove disruptive to “Joshua trees, tortoises, snakes, flora, bees lizards [and] rabbits,” and she requested that a full environmental impact report be done.
Alli Irwin said, “Undeveloped land does not mean unused land and empty does not mean unimportant. Vast open spaces are the hallmark of our desert landscape. Undeveloped land is, in fact, an essential ecosystem and it is essential to our way of life.”
She said the city should use land zoned for commercial use for commercial use and not rezone land to accommodate an outside interest.
Lolli Goodwoman, who did not speak, was recorded in opposition to the project while Chairwoman Cure gave conflicting indications that Dana Bohover was recorded as being both in favor and in opposition to the project.
Evan Cuellar said he is”slightly in favor of this project. I think it will be annoying. I think it will cannibalize our AirBnB, but I really want Twentynine Palms to be a development-friendly city were we can open new businesses and not scare developers out of the area.”
Bonnie Hawthorne said other camping resort proposals on property converted from residentially-zoned land had been rejected and that this was an “auto-camp” that would be better located near the center of town. She called for a full EIR being conducted.
Zachary Zit said that the proposed resort property was in the Indian Cove neighborhood but would not be part of the neighborhood that he treasured.
Cat Tally Jones called upon the city to ensure the property was developed as zoned, with 61 homes rather than a resort, which is not, she said, compatible with the zoning.
Tanya Jones said the project does not respond to a compelling public need, and fulfilling such a need is a requirement for making a zone change. She said the city was merely accommodating the developer who was looking to save money by embarking on a less expensive development scheme than what would take place on the property if it were to be developed as zoned.
A recurrent message delivered to the planning commission was that holding the meeting at City Hall in the limited capacity meeting chamber was a disservice to the members of the community, who were more numerous than those inside the meeting chamber, who were forced to wait outside the chamber and good neither hear nor participate in the hearing.
With Commissioner Alex Garcia was absent, Cure, Jim Krushat, Max Walker and Leslie Paahana voted 4-0 to recommend that the city council approve a general plan amendment, rezoning, development code amendment and conditional use permit needed to approve the project and give the Ofland proposal go-ahead.
Community Development Director Keith Gardner has forwarded the planning commission’s recommendation, which mirrors his own and that of his staff, to the city council, which will likely take the matter up at its July 22 meeting.