REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 4, 2026
FROM
MIGUEL FIGUEROA, Director, Land Use Services Department
SUBJECT
Title
Appeal of the Planning Commission Approval of the Mercury Dry Camp Project
End
RECOMMENDATION(S)
Recommendation
1. Conduct a public hearing to consider Appeal No. PAPL-2026-00003 related to the Planning Commission’s approval of Project No. PROJ-2023-00023, consisting of a Conditional Use Permit to construct and operate a 12-site dry campground facility on a 7.5-acre parcel.
• Appellant: Wendy Wacker
• Applicants: David Lee and Joseph Milburn
• Community: Homestead Valley
• Location: 62076 Mercury Drive, Joshua Tree
2. Deny the appeal and uphold the Planning Commission’s decision approving Project No. PROJ-2023-00023 by taking the following actions:
a. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan.
b. Adopt the findings for approval of the Conditional Use Permit.
c. Approve the Conditional Use Permit to construct and operate a 12-site dry campground facility on a 7.5-acre parcel, subject to the conditions of approval.
d. Direct the Land Use Services Department to file a Notice of Determination in compliance with the California Environmental Quality Act.
(Presenter: Miguel Figueroa, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Create, Maintain and Grow Employment Opportunities and Economic Value in the County.
Foster Sustainable Development Through Strategic Partnership.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Adequate appropriation and revenue to complete this action have been included in the Land Use Services Department (LUS) Planning Division 2026-2027 budget. All costs of processing this appeal application are paid by Wendy Wacker (Appellant). The cost of processing the development application is paid by David Lee and Joseph Milburn (Applicants).
BACKGROUND INFORMATION
This item involves an appeal related to the Planning Commission’s approval of Project No. PROJ-2023-00023, consisting of a Conditional Use Permit to construct and operate a 12-site dry campground facility (Project) on a 7.5-acre parcel in Homestead Valley (Project Site).
On February 6, 2023, the Applicants applied for a Conditional Use Permit for the proposed Project. The Project Site is located in the Rural Living (RL) Land Use Category designation and in the Homestead Valley/Rural Living (HV/RL) land use zoning district. The proposed campground is an allowed use within the RL zone subject to approval of a Conditional Use Permit. A comprehensive analysis of the Project from a planning, zoning, and environmental perspective is included within the Planning Commission Staff Report attached as a supporting document to this item. Because the Project does not require a change in the Land Use Category designation, the Project is generally considered to be compatible and consistent with surrounding land uses and the community’s identity pursuant to Policy LU-2.4 of the County’s Policy Plan (General Plan).
The Project has also been determined to be consistent with and reinforce the physical and historical character and identity of Homestead Valley, which includes the communities of Landers, Flamingo Heights, Johnson Valley, and Yucca Mesa, in regard to the communities’ stated values and aspirations as listed in the Community Action Guide. Specifically, the Project, a new campground, is a recreational use that will help grow the local economy, preserve the natural environment with limited alteration to the Project Site, and, as conditioned, maintain the rural desert lifestyle in the area by ensuring the use complies with countywide and project-specific standards related to light trespass and noise to preserve dark night skies and maintain a peaceful and quiet atmosphere.
LUS received five public comments in support of the Project from local businesses and four comments opposed to the Project stemming from the initial Project notice and an additional seven comments in opposition stemming from the notice of hearing scheduled for the Planning Commission. The Planning Commission thereafter unanimously approved the Project (4-0 vote, 1 member absent) on April 9, 2026, with an added condition of approval related to facility monitoring and response times associated with complaints.
APPEAL
On April 19, 2026, the Appellant filed an appeal to the Planning Commission’s conditional approval of the Project. A copy of the Appellant’s appeal is included as an attachment to this item. In her appeal, the Appellant generally argues that the Planning Commission did not adequately consider the Project’s impact on noise, property values, trespass, desert landscape, and general nuisances. As referenced in the detailed responses to the appeal prepared by LUS and the Applicants in attachments A and B to this item, the Planning Commission based its decision on the Planning Commission Staff Report, findings, the environmental documents, and conditions of approval to ensure development code and General Plan compliance.
Based on the detailed response to the appeal, LUS recommends denial of the appeal and approval of the Project. If the Board of Supervisors denies the appeal and approves the Project, an updated set of findings and conditions of approval are attached to this item.
In the event the Board of Supervisors grants the appeal and desires to deny the Project, LUS recommends the item be continued for LUS to prepare a set of proposed findings consistent with the decision.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on July 6, 2026; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 386-8392) on July 9, 2026.