The Twentynine Palms Council on July 22 unanimously voted to allow the Ofland Resort project to proceed on undeveloped property long zoned and reserved for residential development east of Indian Cove.
Ofland Resort, to consist of 100 guest cabins will be built on 42 acres at the center of a 152-acre parcel east of Lear Avenue, south of Twentynine Palms, north of Sullivan Road and west of the southerly extension of Shoshone Valley Road.
In addition to the cabins, the project is to entail two lodges, a swimming pool, restaurant, general store, outdoor movie screen and dormitories for employees.
In order for the project to proceed, the land had to be rezoned from residential, upon which 61 single family units could be developed, 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 110 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.
Both Twentynine Palms Development Director Keith Gardner and Ofland Director of Acquisitions Luke Searcy acknowledged the current residential zoning would allow 61 single family units on the 152-acre parcel. Gardner and Searcy stated 108 acres would remain as open space for conservation purposes and the project will be put primarily near the center of the site.
Searcy said the company would put reservations and conservation easements on the 108 acres for a “protected period.” Nevertheless, it was brought up that Ofland at a future date will be able to approach the city in the future about the development of the land currently designated as open space. Searcy said the guest cabins are to be modeled on the primitive local homestead cabins that dotted the Twentynine Palms landscape beginning in the 1920s.
“We are not Mariott,” Searcy said. “We are not a large multinational corporation.” As such, Searcy said, Ofland would remain committed to Twentynine Palms after the project is up and running. He said Ofland had established its reputation with a first rate resort in Escalante Utah, which had been voted by some rating agency or other as the finest resort in the country. He said what Ofland is proposing in Twentynine Palms is “similar” to what it accomplished in Escalante, Utah. Oflandand has one other resort, beyond that, he said. He said Ofland is “a small and growing business with three projects. We will be focused on just these three projects,” he promised.
Searcy said the project, beside providing the city with tax revenue, will offer benefits to local residents, as the general store will feature local products and the pool will sell passes who want to use it during the summer.
The council meeting was not held at City Hall but rather at the community center gym to accommodate the anticipated large crowd. On June 25, the planning commission had recommended that the city council give approval to the project, with a ratio of roughly three to one of those in attendance speaking in opposition to the project and the utilization of a mitigated negative declaration to give the project environmental certification. This week, there was substantial turn-out to the city council meeting, with at least two thirds of those there hoping to discourage the city council from following the planning recommendation.
A major point of contention was that the city is using a mitigated negative declaration, based on a relatively thin initial study of the project’s impacts carried out by Terra Nova Consulting.
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.
The July 22 city council meeting at the gym was marred by two factors: poor acoustics, as the voices echoing in the larger confines sometimes made it difficult to hear precisely what was being said, and Mayor Steve Bilderain’s failure to make sure that those who spoke adhered to his initial instructions that they clearly and fully identify themselves prior to their comments. As a consequence, some of those quoted in this article are inadequately identified and some are, perhaps, misidentified using the best phonetic approximation that could be managed.
Approaching 30 people spoke in opposition to the project. Efforts by Ofland to prompt its supporters to weigh in in favor of the project succeeded in driving roughly a dozen people to the forum to give their public recommendation that the project be approved. Remarkably, in contrast to many other cities in San Bernardino County, despite the conflicting sentiments of those in the crowd, the proceedings were civil and orderly, with individuals who disagreed with the statements of those being expressed by the individual holding the floor showing them the courtesy of being able to speak uninterrupted, and, when the speaker was particularly articulate, well-spoken or eloquent, recognized with applause by what seemed to be the entirety of those present.
Among those speaking was Mary Jamy, who said the council should not approve the project without requiring an environmental impact report. “Don’t set a precedent for other projects,” she said.
Scot Curry, a real estate broker with an interest in property adjacent to the project area, said he was in was in favor of the project. He said the current residential zoning on the property is inappropriate. “Conserving 106 acres is just amazing,” Curry said. “They care for the city,” he said of the developers.
A woman identified only as Nan, a local businesswoman and Indian Cove resident, said the project could benefit Twentynine Palms if it were in the proper location, but that it is mispositioned next to a residential neighborhood. She said the residents of Indian Cove were “given no place at the table” in discussing with the city or the proponent the nature and scope of the project, which she said offered “no benefits to our residents.”
Melissa Grissie said Ofland was using deceptiveness in the marketing of the project. She said the proponents had compartmentalized information about the project and the company’s intentions, utilizing a plan to “divide and conquer” the community and the opposition to the project. “How can we believe anything Ofland says if they are willing to shortchange our desert by not complying with the environmental processes, including the environmental impact report?”
Travis Poston, an Indian Cove resident, said, “The facts are this land where Ofland wants to be was not mapped or designated for commercial or hospitality development under the city’s existing general pan or zoning. Poston said residents of the area going back to the 1950s and 1960s had engaged in heavy lifting to create the residential neighborhood that exists there now and that Ofland was sidestepping its responsibility to develop the property in a way that compatible with the existing property adjacent to it.
John Bigar questioned the credential of the biologist who had done the survey for the endangered tortoises that live on, hibernate within and traverse the property. He said the survey was not in compliance with the United States Forest Service’s requirements.
Paula, whose last name was not clearly specified, said that multiple issues relating to the project had not been adequately addressed by the planning commission at its June meeting, necessitating a full environmental impact report. “If the project goes forward, Twentynine Palms residents need to know that there are no hidden environmental, financial or legal problems that will come back to harm us.” She called for the city to require Ofland to put up a bond to guarantee the execution of what it says it is going to do.
Former Mayor/City Councilwoman Liz Meyer said the project was one that was worth pursuing.
Rebecca Anderson said, “I have two misgivings. Number one: For a project this large, it is unheard of that an environmental impact report would not be conducted.” She called for that evaluation too be done “by an independent third party. Number two: The alleged monetary windfall Twentynine Palms will derive from the Ofland resort is pure, 100 percent bull.” She said according to civic officials in Escalante, Utah, where Ofland has an existing resort, no money is coming in.
An individual identified by city officials only as “Tucker,” with no indication whether it was his first or last name, said, the city’s use of Terra Nova Consulting to do the initial study upon which the mitigated negative declaration is based represented a potential conflict of interest. Terra Nova’s work for the city and Ofland raises ethical concerns and compromises the independence and integrity of the study, the declaration, the city and Terra Nova, Tucker said. “Call it the fox in the hen house,” he said.
Heidi Heard, a resident of Indian Coves, said. “I’m asking that the city council do the right thing by not cutting any corners by rushing this project through. An EIR is needed for this project, as the initial study is full of errors.” She said the city was running the risk of litigation by approving the project without a full and complete examination. She said this was an example of “spot zoning. This project belongs in a commercial zone. It is time for Twentynine Palms to be proactive versus reactive.”
Jim Krushat, who had voted as a member of the planning commission on June 25 to recommend that the project be approved by the city council, said, “The City of Twentynine Palms needs this project for the employment opportunities, the tax revenue, the promotion of tourism, which we have always wanted as part of our city’s economic development. As a planning commissioner, I did my due diligence. I reviewed all the material submitted to the planning department and based by decision on the merits of the project, my knowledge and our present economic conditions.”
Krushat said those opposed to the project were a “special interest group. Development does not mean destruction. It means opportunity, local growth and managed access to natural beauty.”
Steve Bardell, the president of the Morongo Basin Conservation Association said” We appreciate the effort to create a buffer around the project to create open space. We also appreciate the potential economic benefits to the city and the need for more accommodations for park visitors. However, with the ongoing extinction crisis and a decline of wildlife in the natural world, a nearly 79 percent decline in the last 50 years, we believe this project is missing an opportunity. The site plan proposed is a doughnut-shaped configuration approach. This approach degrades the open space by the edge effect. A preferred plan would be to consolidate the open space in the southern portion of the site. The MBCA [Morongo Basin Conservation Association] is not in support of adopting the MNI [mitigated negative declaration] for this project as designed.”
A man whose name was not clearly enunciated by Mayor Bilderain said, “I am in support of this project. I encourage others to support this project. Twentynine Palms is in need of development. We need jobs. We need revenue. This development will help provide jobs and resources and tourism that comes along with that. I’ve seen a lot of opportunities that came to Twentynine Palms that weren’t accepted by the residents of Twentynine Palms. We need to find a way to embrace development that is beneficial to all and not just sectors and residents who are already here.”
Luther Parks said he supported Ofland because it held out the potential of becoming the city’s second largest employer after the school district and the Marine Corps base. Secondly, he said the project will “showcase the value of our community and provide economic growth.”
A woman who Mayor Bilderain enunciated as something on the order of “Electra Rosa” but whose identity seemed to correspond with someone identified in a previous article in the Sentinel as “Electra Westman” said the project should be allowed to go forward so that the locals can “share the beauty of the land” with outsiders.
A man named Jeffrey, whose last name was not provided, said Twentynine Palms is a place with property values that are just right for this kind of project. “Tourism is our future,” he said.
Another man Mayor Bilderain did not identify clearly and who did not offer his name said that “Twentynine Palms has long declared itself a tourist town. Tourism is largely a clean industry.” He was in favor of the project.
Lauren Wiler said “A project of this size, only a half mile from Joshua Tree National Park and within a wildlife corridor for endangered species, absolutely warrants and EIR [environmental impact report].”
Several individuals whom Mayor Bilderain did not clearly identify and who either did not identify themselves or whose self-identification was indecipherable expressed the belief that what Ofland was offering was a good project but that it needed to be constructed on commercially-zoned land.
After hearing from the public, Mayor Bilderain, Councilman Octavious Scott, Councilman Daniel Mintz, Councilman McArthur Wright and Councilwoman April Ramirez voted unanimously tio approve the mitigated negative declaration of environmental impact, the first reading of zone changes, the creation of a new zone and a conditional use permit for the project.
The city council agreed to zone the undisturbed portion of the acreage to a new zone, the nomenclature for which is “open space conservation” and to change the portion to be developed from residential to commercial. The change of the zoning on the property is not unalterable. A theme common in the comments of the council members was that the project was one of low land use intensity that was going to result in the development of less than 28 percent of the property. Nevertheless, indication was given that as the owners of the 110 undeveloped acres, Ofland could come back with further development proposals on that property, which could be developed residentially in compliance with the city’s existing general plan or could be developed commercially if the city council at that time agrees to approve the required general plan amendment to allow that to occur.