Saturday, August 16, 2008

Finalization of WalMart approval challenged

Councilwoman Lori Herbel challenged the finalization at the second reading of the permitting of the Wal-Mart SuperCenter on the basis that "the retail specific plan for Wal-Mart cannot be adopted because Yucca Valley’s General Plan is out of compliance with state law," according to the Hi-Desert Star.

[Attorney for the Coalition for Environmental Integrity in Yucca Valley John ] McClendon claimed Yucca Valley was out of compliance with state law by failing to file the housing element of its General Plan by June 30. The entire General Plan is therefore invalid, he argues, prohibiting the adoption of a specific plan until the missing element is filed and approved by the California Department of Housing and Community Development.

[snip]

Herbel said the California Department of Housing and Community Development confirmed to her that Yucca Valley was out of compliance because its housing element was due. Without an approved housing element in a valid General Plan, she said, no specific plan can be adopted. Herbel also was told the state does not grant extensions to cities that want more time to finish the housing element.

The Town attorney contested the claim, and the finalization was carried 4-1.

MBCA President David Fick "urged the council not to approve the Supercenter without an approved General Plan, adding, 'There have been a bunch of mistakes made — please don’t add to them.'”


MORE INFO ON THIS TOPIC: On the WalMart page on the MBCA Website. Previous blog posts: WalMart, Yucca Valley.