Yucca Valley Planning Commission debates code interpretation concerning rebuilding timelines
Tuesday night’s Yucca Valley Planning Commission meeting began with the consideration of a Land Use Compliance Review application by Las Palmas. Located at 57246 Twentynine Palms Highway, the restaurant and bar requests to build a 1,075-square-foot outdoor patio, consisting of a dining area and outdoor waiting area. Representative David Rodriguez was in attendance on behalf of the applicant, Arturo Las Palmas Investments.
The Commission followed Town Staff’s recommendation and approved the application; all spoke favorably about the development and the benefits it would provide the community.
Town Staff then presented a request for Development Code Interpretation regarding reconstruction timelines for non-conforming structures. A 2016 Code Amendment specified that homes with less than 75% damage must begin the reconstruction process within 12 months. The amendment allowed for the application of permits for homes with over 75% damage, but did not specify a required timeline for reconstruction. Deputy Town Manager Shane Stueckle clarified that it was Town Staff’s interpretation that the 12-month time period applied to all structures, regardless of damage level.
While the item before the Commission was for a Development Code Interpretation, the request was in connection with a specific project. The request was submitted by Loescher Meachem Architects on behalf of their client, Yucca Valley resident Eric Linnert, who purchased a property located at 57460 Encelia Dr. in 2021. The property is a single-family home located in an industrial zone and was destroyed in a fire in 2011. Architect Ben Loescher stated that significant structural damage exceeding 75% of the property poses severe obstacles to beginning reconstruction within 12 months; he argued that the clear absence of a timeline in the Code would allow for necessary staff discretion.
Linnert was in attendance and also spoke on behalf of his Code interpretation.
“In legal interpretation, where the law is silent on a specific issue, it is improper to import provisions from another section not intended to apply. Doing so would set a troubling precedent by imposing limitations where they were consciously excluded.”
Several community members also spoke on behalf of Linnert’s project, including Town Councilmember Robert Lombardo, who clarified that he was speaking as a private citizen.
“I think that there should be the ability to hear a project and find a way to make it happen instead of finding ways to prevent it.”
Following Public Comment, Chair Alejandro Vasconsuelos noted that the agenda item was for a code interpretation, not specifically Linnert’s project. Linnert specified that he had to pay a $721 fee to request the Development Code Interpretation, which he stated felt relevant in tying his project to the request.
Commissioner James Henderson asked Town Staff if the Town Attorney had reviewed the Code; they responded that he had not given official legal guidance. Henderson explained that he thought the Code did read as vague, allowing for misinterpretation and arbitrary application, and was in favor of amending the Code to allow for a specified timeframe as well as staff discretion. Commissioners Thomas and Vasconsuelos largely agreed, with the latter expressing that 12 months seemed too short a time to address permits, financing, and insurance companies.
Stueckle presented that Town Staff would bring the item to the Town Attorney for clarification on the intent behind the Code and its required timelines, to which Commissioner Henderson reiterated his argument.
“Looking at intent, and looking at what’s written are two different things. We have to go by what’s written.”
Lastly, Town Planner Jared Jerome presented the Land Development update.
The Walmart fueling station, Dutch Bros Coffee, and Sun Mesa Mini-Storage projects are all in their CEQA review process. Circle K intended to bring forth a subdivision and street vacation application to the Town, and the Tumbleweed Sanctuary application is tentatively scheduled for the second meeting in August. Starbucks West intends to begin construction this September.
