The Appeal Process

As you know, the Wonder Inn applicants have appealed the denial of their Proposal  by the Planning Commission.  We now have a little more information on the process that the appeal application will follow.  

First, timing:  Land Use Services tells us that the appeal is likely to go before the Board of Supervisors in early July.  They have 30 days to set that date, counting from the day the appeal was filed (April 3).  So we should know the date for the hearing by somewhere around May 4. Land Use Services will be preparing another Staff Report, which won’t be released until a few days before the hearing date in July.

The official process is outlined in this County Appeal Information Sheet.  The applicant will be able to make a 15-minute presentation.  We will be limited to, as before, 3-minute comments. So we will once again need to make those comments really count, and we are developing a plan for effective response.

What’s in the appeal?  You can view the Wonder Inn developers’ Appeal Application Summary Report here.  It’s not a long document.  What are they objecting to?  Specifically, this finding by the Planning Commission:  

Planning Commission finding of the proposed policy plan and zoning amendments do not provide a reasonable and logical extension of the existing land use pattern in the surrounding area and that there is not sufficient supporting infrastructure, existing or available, consistent with the intensity of the development to accommodate the proposed project without significantly lowering service levels of the area. 

What action are they seeking?  They want to throw out the Planning Commission denial and go back to the same inadequate studies they came in with: 

Respectfully request that the Board of Supervisors grant the applicants appeal based upon LUSD recommendations and findings, as well as the facts and evidence presented and contained in the CEQA documents and to overturn the Planning Commission findings and recommendation of denial.

The Application Summary Report lists Supplemental Documentation submitted with accompanying Figures 1-5, as well, and we have obtained those:

We’re digging into these documents and assessing best approaches to once again defeat the Wonder Inn.  Watch this space!  

Press Round-Up, Including In-Depth Review of Planning Commission Hearing

In the rush leading up to the March 23 Planning Commission hearing we missed letting you know of some important press regarding the campaign to stop the Wonder Inn, so we’re linking to two of those below.  As well, we link to coverage of the hearing itself from KCDZ as well as an in-depth blow-by-blow account of the hearing as featured in the San Bernardino County Sentinel

As these first two pieces out of Los Angeles indicate, the Wonder Inn issue is not important just to us here in Wonder Valley.  It’s also of concern to visitors and friends of our desert from throughout California and the nation and around the world. And astute journalists and media outlets have it on their radar.

First up:  SWI’s Rick Hamburg and Pat Flanagan were interviewed by Margaret Prescod in the March 22 episode of Pacifica radio’s Sojourner Truth and heard nationally, as part of a larger look at climate change.  Listen to it here.

And also from Los Angeles, Lauren Abunassar of LA Magazine brings together the Wonder Inn Hotel/Resort and the Flamingo Heights 640 Glamping Resort proposals and the threats they represent to the desert in “The War on Glamping in the Joshua Tree Desert“

As for coverage of the March 23 hearing itself, Z107.7/KCDZ’s Hillary Sloane was on-site from 9 a.m. at the Bob Burke Government Building in Joshua Tree, where a satellite link allowed citizens to view and address the Planning Commissioners. The article cites the numerous concerns of Morongo Basin residents who “filled two County rooms and spoke for 3 minutes a piece until about 3:00”, including “…most importantly, this project and its proposed expansion of commercial zoning would establish a ‘foot-in-the-door’ precedent for additional development.”    

Finally, the San Bernardino County Sentinel published “Hiding Tortoise Data Tripped Up Wonder Valley Inn Proponents” on March 31, but it’s about a whole lot more than tortoise data.  Setting the scene with the first sentence (“What appeared to be clear sailing toward the routine approval of a proposal to establish a resort hotel in the desert community of Wonder Valley ran into a ruinous typhoon…”), the lengthy and comprehensive article walks the reader through the entire hearing, including many quotes from this community’s strong and knowledgeable presentations in opposition to the project.  

Leading off, the exchange between Wonder Inn applicant Jason Landver and Planning Commissioner Jonathan Weldy regarding the developer’s “right” to build a hotel at the site of the “pink post office” is covered in detail. Another issue that concerned Weldy was the future of any commercial designation: 

“You said two things that I want to ask about,” said Weldy, who then quoted Landver as saying, “‘We are allowed to develop by right.’ I’m a little bit confused about that piece of it. And the second part of it is you said, ‘We’re not Motel 6.’ I don’t want to take on Motel 6. On the other hand, a land use designation doesn’t go with an owner. Which means you could sell to Motel 6. When we begin to look at this and we listen to the story of what it is that you are doing, it’s appealing. But the other piece of this is once we make that zoning designation, that zoning designation goes with the land. And its next owner may not be as virtuous or visionary as you in the fullness of time. So, it’s appealing, but I want to make sure you understand that we are required to separate that. What we are looking at is the appropriateness of the land use designation and whether or not that changes there with your vision but also as a facility without your vision.”

Weldy continued, “So, to Dave’s [Mlynarski’s] comment that we have a twelve-acre footprint on a 24-acre site and there’s open space around it, that designation we’re talking about would be the entire 24 acres, which means subsequent design or build or change or evolution or expansion would not be prohibited. So, could you address that comment about the development of a hotel is allowed by right?”

Landver responded, “The site [i.e., the 3.18-acres around which the remaining 21.22 acres is situated and upon which an existing structure, known as “the pink building” to locals stands] is commercially zoned and if we wanted to have less than 20 rooms, for example, and there was less than 10,000 square feet, we would be able to bypass this process. You’re allowed to have a hotel at this site. The only question is, we wanted to do something, a little bit larger, go to a larger footprint to work here.”

At that point, Heidi Duron, who has now advanced to the position of county planner and in her more than two decades with the county has established herself as being more than accommodating of development, disputed Landver’s assertion that he and Greenberg had an unencumbered right to proceed with the project as they envision it.

“It is commercially zoned,” Duron said, “and it is permitted. It is not allowed by right. It would still require a discretionary review.” 

At best, Weldy said, indicating even that was doubtful, the duo might be able to construct a modest motel. “You’d need a conditional use permit as opposed to a zoning change, which are in my opinion, galactically different. The way that sounded was ‘We can do this anyway.’ And you can do this maybe, but on a de minimis scale.”

The article also covers the exchanges regarding issues that were exposed by the Stop the Wonder Inn team and addressed in depth in our submitted comments, including the tortoise survey controversy and the “inexplicable” failure of the proponents and their consultants to address the original use of the building as a facility of the Desert Electric Cooperative, with attendant potential for hazardous contamination on site. Per the Sentinel:  “Given the availability of the information pertaining to the previous history of the building in question, the pointed reference to it during the meeting brought into question the thoroughness of [lead consultant David] Mlynarski’s research into the property and, by extension, the validity of his other conclusions relating to its suitability for the development proposed.”

There were almost 50 public commenters, including many from Wonder Valley but also a heartening showing of residents from across the Basin who are concerned about inappropriate growth in our communities. We especially note members of the venerable Morongo Basin Conservation Association, who have been with us from the start, and our neighbors to the west who are opposing the Flamingo Heights 640 Glamping Proposal and showed up in numbers to join us in our fight. This support from our desert allies was a real boost and bodes well for the future of coalition work in our communities. The public comments by all were informed, heartfelt, effective, and well worth reviewing either in the Sentinel article or in a video excerpt on our YouTube channel.  (If you’re watching the entire video of the hearing, the public comments start at 1:35:00.)  

And the opposition?  As the Sentinel puts it:  “Despite Landver’s assertion at the meeting and in previous public statements that support for the project runs as high or higher that opposition to it, all 47 of those local residents who addressed the planning commission by means of video/audio hook-up from the county facility in Joshua Tree went on record as opposed to the project. No one made any statement in favor of the proposal.”

The final discussion among the Commissioners is informative:

When Weldy sought from the commission what its sentiments were, Commissioner Michael Stoffel said, “Everything that I’ve heard and read, I’m not able to support it as it is,” Michael Stoffel said. “I would make a motion to not recommend the project – or deny the project – based on the land use designation and the scope of going from the small property to such a large property in the area.”

Weldy stated his opinion that “Environmental [issues are] not a concern. This is a grand change between them [zoning allowances] and I can’t support this.”

Commissioner Kareem Gongora indicated he was apprehensive about supporting the project without an environmental impact report. He said, “I find the project itself very appealing but I think the land use concern, the access to services, resources and the multitude of concern in this area make me not in favor of the project in this certain location. From a land use perspective, I’m not inclined to support this project at this time.”

A refinement of the motion was articulated by Weldy to declare the commission as making a finding that the zoning Landver and Greenberg were seeking is incompatible in size and intensity to the zoning around it.

Stoffel’s motion was seconded by Matthew Slowik. The motion passed unanimously with the support of Weldy, Stoffel, Slowik and Commissioner Kareem Gongora. 

The refinement of the motion’s language by Weldy was intended to give Landver and Greenberg a basis upon which to appeal the commission’s decision to the board of supervisors, which has the authority to grant or deny the project proposal, including the conditional use permit, policy land use amendment, zone change and mitigated negative declaration.

You can watch this final portion of the hearing on our video channel.  Note that Commissioner Demirci was not present for the hearing.  And also of note, the decision of the Planning Commission has indeed been appealed to the Board of Supervisors, with more information to come. 

So if you want details of the hearing without watching the entire five-plus hours of the video record, the Sentinel can fill you in.  If you’re having trouble opening the Sentinel web page, you may view a pdf of the article here

A few errors in the Sentinel do need correcting:  The applicants have 10 days to appeal, not 30; the building was used by the Desert Electric Cooperative not “Homestead Valley Rural Electrical Cooperative”; and the facility was not a switching station but a headquarters and storage and maintenance yard. 

Developers File Appeal – We Will Oppose

The Wonder Inn developers have filed an appeal to the Board of Supervisors, as expected.  We are developing a response, and as we get more details we will keep you informed.  This community will have an opportunity to defend itself to the Board of Supervisors, and we expect to once again defeat the Wonder Inn luxury resort proposal.

Planning Commission Votes Unanimously To Deny Wonder Inn Hotel/Resort Proposal!

After about five hours of presentations by Land Use Services, the developers representatives and in person public comments, made by about 47(!) concerned citizens, at the March 23, 2023 San Bernardino County Planning Commission meeting considering the Wonder Inn Hotel/Development proposal, the Planning Commission voted unanimously (four “yes” votes on the motion, with one of them not present at the meeting) to DENY the project from going forward.

The developers can choose to appeal this decision to the Board Of Supervisors. If they don’t file an appeal then the project would not go forward.

This is an incredible outcome for protecting Wonder Valley’s unique and special character and for protecting the desert from damaging development projects. This was the right decision which we have all worked so hard for!

(You can view the meeting here. Planning Commission final deliberation and vote at 5:34:45 timestamp.)

The Stop Wonder Inn Project working group has endeavored over the past year+ to learn about the proposal, communicate the details of it, create awareness of County filings (the Initial Study/Mitigated Negative Declaration and Staff Report), and to provide tools for people who have been concerned about this inappropriate and environmentally damaging proposal, so we could all remain informed and express our views to County decision makers. Over that time 500+ comments were made in opposition to the County.

This was an amazing and effective show of community concern. We are grateful for all of the people who submitted comments and especially all those who spoke, in person, at this meeting, in such a reasoned and passionate way.

We will post more as we learn if the developers will appeal this decision or not. If they do file an appeal we will continue to work, and inform you about that, so we can assure this development does not take place.

UPDATE: Here is the official posting of the denial action.

It’s Time!  Let’s Show Up for Wonder Valley!

The County Planning Commission will consider approval of the Wonder Inn Hotel/Resort Project this Thursday, March 23, at 9 am.  

If we want to stop this proposal, it is important that we show up and be heard!

County Land Use Services issued its Staff Report last Friday and recommended APPROVAL of the Wonder Inn proposal. Yes, they did –  blowing off almost every argument this community made, in a stunning abdication of responsible planning.  And – no surprise – the developers’ response to our comments is a study in misdirection, misrepresentation, irrelevance, and dismissal. 

So what do we do now?  We show up! We speak directly to the Planning Commissioners in defense of our community, and tell them why this project must be rejected or, at a minimum, properly evaluated with an Environmental Impact Report (EIR).  

Is it possible to sway the Commissioners when the LUS Staff Report recommended approval?  There’s no guarantee, but remember that just two weeks ago the Flamingo Heights 640 Glamping Proposal was rejected by this same Planning Commission, despite a Staff recommendation for approval.  Let’s see if we can repeat the success of our neighbors in Homestead Valley!

We have a helpful guide with all the details and what to expect that day, plus tips for commenting that we recommend you look over.  You can participate via satellite link from the Bob Burke Government Center in Joshua Tree, or attend the hearing in person in San Bernardino.  Also, if you want ideas on what to say or ways to say it, you’ll find both information and inspiration here.  

It is important that as many people as possible show up, so please alert your friends and neighbors, and if you’re on Facebook share the Event page.  If you want, wear your Stop Wonder Inn button; we’ll also have some stickers and buttons on hand.   

Finally, a special thank you to everyone who has volunteered to read text prepared by our team during their comment time, and we could use just a few more people.  So if you would like to help read text to make sure all the critical issues are covered and the Commissioners are fully informed on what’s at stake, contact us asap. Thanks!

The Staff Report is a sad affair, but there’s one thing in it that is beautiful:  the accounting of every one of the 372 comments you sent in opposition to the Project.  (By the way, received in support?  Nine.)  This community weighed in over these past few months, and must do so again on Thursday, March 23, 9 am at the Bob Burke Government Center, ready to fight for Wonder Valley!

See you there!

Staff Report Recommends Approval of Wonder Inn – Let’s Show Up and Recommend Denial!

The County Staff Report has been issued, and County Staff is recommending approval of the Wonder Inn Hotel/Resort Project.  Quote:

RECOMMENDATION: That the Planning Commission RECOMMEND that the Board of Supervisors:

1. ADOPT the Mitigated Negative Declaration (Exhibit A) and Mitigation Monitoring and Reporting Program (Exhibit B);

2. ADOPT the recommended Findings for approval of the Project (Exhibit H);

3. ADOPT the Policy Plan Amendment from Rural Living (RL) to Commercial (C) on 21.22 acres;

4. ADOPT the Zoning Amendment from Rural Living, 5-acre minimum lot size (RL-5) to Service Commercial (CS) on 21.22 acres;

5. APPROVE the Conditional Use Permit to construct and operate a hotel with the conversion of an existing 4,226 square foot office building to a restaurant/lobby, the construction of 106 guest rooms, a 5,031 square foot conference room, a 4,666 square foot wellness center and ancillary structures on a 24.4-acre site, subject to the Conditions of Approval (Exhibit E); and

6. DIRECT the Clerk of the Board of Supervisors to file the Notice of Determination (Exhibit I). 

Obviously, we don’t agree!  Once we have fully digested the contents of the report, we’ll have more to say.  Stay tuned. 

The Staff Recommendation makes it more critical than ever that you show up at the Planning Commission hearing on Thursday, March 23, at 9 a.m.  The County and the Wonder Inn developers need to hear from YOU.  Recommendation:  DENY the Wonder Inn Project!

Gina’s Guide to the Planning Commission Hearing

Planning on attending the hearing of the Wonder Inn Project before the County Planning Commission this Thursday, March 23?  Want to know how to prepare?  Here’s Gina’s Guide on how to make it easy and make it count.

The Planning Commission Hearing is held in San Bernardino at the Government Center, and you can attend there if you want.  However, you don’t have to go all that way to take part:  a satellite hook-up along with tech support will be made available to us at our Bob Burke Government Center in Joshua Tree:

Bob Burke Government Center
63665 29 Palms Hwy, Joshua Tree / 760-366-2471
(When you turn east into the parking lot off of Whitefeather Rd, head all the way to the last building on the right. There is plenty of parking.)

The hearing begins at 9 a.m. but we recommend you get there 15 minutes early so you have time to fill out your comment request slips and read over the agenda and staff report that will be available to you.

What to bring?

  • Your Comment – If you will be making a public comment, it’s recommended you have your comments typed or written out and be sure your substantial points can be expressed within the 3-minute time period you are allotted – they will cut you off at 3 minutes.
  • Pen or pencil.
  • A reusable water bottle and perhaps a granola bar or small snack.

Other things to note:

  • Public restrooms are available.
  • If you are unable to attend the hearing in person it will be available via livestream (we will update with the link when it becomes available).  Also, it will be recorded and available for viewing a couple of hours after the hearing ends.
  • Also, if you’re not there you can still send in a comment via the Planning Commission webpage during the hearing. You will need the agenda # and your comment is limited to 250 words, so you may want to have that prepped beforehand.  Important:  It must be submitted prior to the end of the hearing. 
  • The main Planning Commission webpage is here.

Ultimately, the most important thing is to show up, and to speak from the heart. If you want ideas on what to say or ways to say it, you’ll find both information and inspiration here.  

Special request:  We need some folks who are willing to use their comment time to read text prepared by our Stop Wonder Inn team to specifically address certain issues.  If you’d like to help in this way, please contact us asap. This will ensure all the critical issues are covered and the Commissioners are fully informed on what’s at stake.  And thanks to everyone who’s volunteered so far!

OUR CONCERNS

Planning to be at the Planning Commission hearing next Thursday, March 23?  Not sure what you’re going to say in your three minutes?  Maybe this will help you get started:  We’ve put together summaries on the many aspects of the Wonder Inn Project where we have concerns, and probably you do, too. On our new Our Concerns page you can find ideas, inspiration, and cold hard facts. 

Are you concerned about the impact on our water supply and wells?  We have some of the particulars in our Hydrology section.  How about the night skies?  Are we doomed to lose our view of the stars?  In our Aesthetics section you can find out what County Policy has to say about protecting our skies, so you can remind the Commissioners.  And speaking of County Policy, our Land Use and Zoning section has chapter and verse on how an out-of-scale commercial project like the Wonder Inn is counter to Countywide Plan Policy and Principles.  

You’ll also find sections on Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gases, Hazards and Hazardous Materials, Noise, Population and Housing, Public Services, Transportation, Utilities, and Wildfire.  Plus, we have summaries on the Wonder Valley Community Setting, Environmental Justice, and Piecemealing, which addresses the undisclosed plan to build 24 luxury villas on land surrounding the Wonder Inn. All together, you’ll find plenty of information to arm and inspire you. 

But do you have to get into the weeds to be effective at the hearing?  Absolutely not.  There’s only two things you really have to do to make a difference:

  1. Show up.
  2. Speak from the heart.

One last thing:  If you want to help our team here at Stop Wonder Inn make sure all critical points get presented to the Commissioners, we need volunteers to read specific comments we have prepared.  If you’re interested in helping out, shoot us an email.  Thanks!

It’s On:  Wonder Inn Proposal to Go Before the Planning Commission on March 23!

It’s confirmed:  The Wonder Inn Hotel/Resort proposal will be heard by the County Planning Commission on Thursday, March 23.  It’s time to show up!

On that date the Planning Commission will hear a presentation of the Proposal from Planning Staff, then from the developers, and then from you, the public. They will then vote to either approve or deny the project, or possibly to require an EIR.  

We need to be there!

So here’s what we do: 

  • Show up at 9 am on March 23, either at the County Building in San Bernardino (385 N. Arrowhead Ave., First Floor) or right here in Joshua Tree via live feed at the Bob Burke Government Center at Whitefeather Road (63665 29 Palms Hwy).  
  • Be prepared to comment live and tell the Commissioners why the Project should be denied.  You’ll have three minutes.  We’ll have more details on ways to comment closer to the date. 
  • Write the Commissioners now and tell them why you oppose the Project.  You can write your own letter, or use our click-and-send letter with options to modify and add comments of your own.

Special request:  We need some folks who are willing to use their comment time to read text prepared by our Stop Wonder Inn team to specifically address certain issues.  If you’d like to help in this way, please contact us asap. This will ensure all the critical issues are covered and the Commissioners are fully informed on what’s at stake. 

We’re expecting the Final Staff Report to be released 3/17, and it will include Land Use Services’ recommendations to the Planning Commission.  We’ll update you at that time with final details and any necessary modifications to this plan.

What will happen on the 23rd?  It’s impossible to know.  But we’re taking some encouragement from the fact that the Commission just denied the Flamingo Heights 640 Glamping Proposal, a project with parallels to the Wonder Inn proposal.  The Commissioners gave very little indication why they denied the project, asking few questions, so we can’t be sure what forces were at work.  But we do know that the opponents submitted volumes of comments and turned out in force for the hearing, and that has to help.  So let’s see if we can’t repeat their success!

So let’s get the word out, send in your letters, and plan to be there and be heard on the 23rd!