REAL ESTATE

Desert Hot Springs settles lawsuit over a housing proposal near the Sand to Snow National Monument

Amy DiPierro
Palm Springs Desert Sun

Desert Hot Springs has settled a lawsuit challenging a proposed housing development at the base of the Sand to Snow National Monument, agreeing with two environmental groups that developers will have to seek further city approvals in order for the project to move forward.

The Sierra Club and the Center for Biological Diversity sued the city in October 2018, claiming that the approval of the Mission Creek Trails subdivision was illegal because it relied on an outdated environmental report and another city approval that had expired.

In a settlement signed on May 21, the two environmental groups, the city, developer Adkan Engineers and a group of property owners agreed Mission Creek Trails would have to undergo a further environmental review and get the city’s go-ahead to subdivide its land into parcels before it could start construction. 

But there is the possibility that the landowners will abandon their development plans and instead sell the 481-acre Mission Creek Trails property to a conservation group. 

Snow tops the higher elevations of the San Bernardino Mountains seen from the Pacific Crest Trail near Snow Creek in Palm Springs, February 26, 2018.

Background:Environmental groups sue Desert Hot Springs over housing near a national monument

Previously:DHS approves homes near Sand to Snow monument. Here's why conservationists object

Edy Adkison, one of the original partners in Adkan Engineers, said he is waiting on an appraisal from the Friends of the Desert Mountains, a Palm Desert nonprofit, which is interested in acquiring the land. In the meantime, he said, his company is seeking proposals from firms to do new environmental studies so that they can submit new tentative tract maps to the city.

Plans for Mission Creek Trails call for 2,000 homes, as well as commercial development, a park and walking trails in an area near the edge of the Sand to Snow National Monument. The monument is a 154,000-acre area that begins on the Sonoran desert floor and climbs to over 10,000 feet in the San Gorgonio Wilderness. It was dedicated by former President Barack Obama in 2016.

City spokesperson Doria Wilms told The Desert Sun in 2018 that “assurances were given” by the Obama administration that planned developments would not be impacted by the creation of the monument.

According to the Sierra Club and the Center for Biological Diversity, the Mission Creek Trails site is a habitat for sensitive wildlife, including the burrowing owl and the Palm Springs pocket mouse.

In the settlement agreement, the city and the developer each denied the lawsuit’s allegations. The developer agreed to pay $40,000 in attorneys’ fees and costs.

A homebuilder has proposed a 2,000-unit housing development on a parcel of land in Desert Hot Springs, shown here on Monday, March 20, 2017, that is adjacent to the Sand to Snow National Monument.

Desert Hot Springs has recently faced pressure from the California Governor's Office to show it is doing its part to meet state housing goals.

Mayor Scott Matas was among a group of Southern California mayors to meet with Gov. Gavin Newsom in February to discuss housing affordability.

The cities had each attracted the governor’s scrutiny for falling out of compliance with state housing law, which requires cities to periodically identify land within their boundaries that’s available for residential development.

Matas said the city's housing element — the part of a city's general plan that discusses housing needs and goals — will be complete in the fall.

Keep reading:Desert Hot Springs mayor tells Gov. Newsom he wants to comply with state housing goals

Amy DiPierro covers business and real estate for The Desert Sun in Palm Springs. Reach her at 760-218-2359 or amy.dipierro@desertsun.com. Follow her on Twitter @amydipierro.